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07/25/1988 - 5031___ �.�.. . � . . _ _ . `:Y . � . . . � � � . . ti:tk' i.. . x� � = �a �: .� . _ -r� � , ,: � �ry�� z , �� ; � 4 �� . � .. . . , ' t � � �� . , � . .. ` � ,� � �*� . . . . . �� '�r F ,�� f � %� 3 p � t � . . . . � ' � � � r �� p„ . t 1" , � �� ..y ,F � �� ca��zc*.+i.�i, Q.i� �+ ��, 4 i � � a� �� : ¢� � � J[Ji,Y 25, I9 $8 �� F ' <r`� t � - �: � _ , t �� _ �_ : � �� ,� �� ,��,: . ,� � � � � .� � � � �'� y : . . � � .. � � xY y�� . . . � d x . ��, ,J. . � . � . . . .. .. . � � ' �� f'X ��` f: . . . .. �. a� t �. '�::. - . ' 1�* P� .-,re+ z "'y. {j` .r � `4 r {y-��. . . . . . . ✓ �y� . , . . � � . . - . � � � �� =; . . . _ . . Yr �� . 4 �k . .. ` � ' �`��/ � J :� �`�. . . � _ . . .._ _ � _ ,� , .. . . � >. `- ��, ::; �r y, ,: _ . . . � . . ..s.�g ic}9�y '.� r ��i � � .z . . .. .. . � �i+� #.?! ..4i.it M?. . � � � � - � � . �� . . . , 9 's i �'�'' � e ;in"�b�'� xr� 3 � y � .. . - {+ -. � y i . .. � - ` . § { d� } "'t . � � �. . � � `. .. - . . �,� '.✓fi . . .. . �.� �� F . ' . � . � � . � 3�� ± na .. . . � �' .�" 't,a.s �r� ..: v "` � . " � �. �,. `' g.�%'.. - . . . . . .. � ; � � x� e § � ` �, � �, � � 's �� t ' . ��` �� s ��'"�� . . . . � �" � r r . . . . - � .�, c ; �� '�S' � . �, � . , 4r � �qb �� y'�' �,E,'��,, . . .� 'k'�� r x . `� w�,�4'. .�., �� ` � � � . , � �f. : �.2�# a � 7 �'3j�� i � ; . . . '� � #¢� -�. . . � � � � . . ;� - 7 � . . . ..� �,,H F� � . .y :" yt,�9A: �.s� . +i, . . . . . . s � µ�. �.,h ��; a s �� . . . . . . . t �'i�f.ts� x�� . . . . . . �w � i �,�''�R;�i � � - . ��s`'. r � � � � 1 � � �>s .�r� , �; � �;;�; , � � , . . . . �k, � � � . � . . . y � EA1' d �� . . . �. � . , . .+.w; _ ,� k' �� Ws �� f .,: . :�:�' s.'.. s �`. %.. _ . � � FRIDLEY CITY COUNCIL MEETING � �� fRDIEY F#DLE11 ATTENDANCE SHEET MONDAY� July 25 , 19gg 7:30 P.M. PILEASE S1GN NAME,ADORESS MlD ITEM NUMBER INTERESTEO IN tLAME AODRESS � ITEM NUMBER s�cssa sssszs-sssserss=sssssasarssssnasssaa=nassosaasasaaasssazxa==nasaasassac=�=aa=--_s:c=aaosa I . .,.----. _ � _ � . _ _ � I e . .. ,.. . ' � � _ � ' i' � �� J.� ..i / �/ /�// �/ _� — „ � , ' !ll lir �' . I .. ../. s' � �. Zz � � FRIDLEY CI TY COUNCIL JULY 25, 1988 - 7:30 P.M. Following are the "ACTIONS TAREN" by the Administration for your information. ---------=-------------------------------------------------------- APPROVAL OF MINUTES: � Council Meeting, July 11, 1988 Emergency Council Meeting, July 13, 1988 Approved ADOPTION OF AGENDA: Add: Consideration of Signage on Satellite Fire Station OPEN FORUM, VISITORS: No response BLIC HEARING: ublic Hearing on a Vacation, SAV #88-01, to :�acate a Six Foot Easement for Storm Sewer �escribed in Document 268274in Book 659, dated November 3, 1964 and to Vacate a 12 Foot Easement For Construction and Maintenance of a Storm Sewer Described in Document 280899 in Book 697, Page 441, Dated October 20, 1965, all Generally Located at 6499 University Avenue N.E., by the City of Fridley and Target Northern Operations Center . . . . . . . . . . . . . . . . . . . . . . . . Opened at 7:47 p. m. Cl osed at 7: 4 8 p. m. CONIlKUNITY DEVELOPMENT--ACTION TAKEN: Item is on next agenda for consideration of first reading . . 1 - 1 C w Council Meeting, July 25, 1988 OLD BUSINESS: Consideration of a Variance, VAR #88-15, to Increase the Height of a Fence in a Commercial District from 8 Feet to 10 Feet; to Reduce the Building Setback Adjacent to an R-1 District From 50 Feet to 40 Feet; to Reduce the Building Setback Adjacent to an R-2 District from 50 Feet to 10 Feet, to Allow the Construction of a Storage Shed/District Buffer and Improved Screening Fence on Lot 9, Auditor's Subdivision No. 94, the Same Being 5351 Central Avenue N.E., By Menard, Inc. (Tabled 7/11/88) . . . . . . . . Page 2 . . . . . 2 - 2 O Approved with stipulations as amended COMMUNITY DEVELOPMENT--ACTION TAREN: Informed applicant of Council approval with amended stipulations and will notify residents when plan for the storage shed is received if they want to review Consideration of a Special Use Permit, SP #88-06, To Allow the Expansion of Outside Storage on Lot 9, Auditor's Subdivision No. 94, the Same Being 5351 Central Avenue N.E., by Menard, Inc. (Tabled 7/11/88) . . . . . . . . . . . . . . . . . . . . . . . . . 3 - 3 N Approved with stipulations as amended CONIl��LTNITY DEVELOPMENT--ACTION TAKEN: Inf ormed appl icant of Council approval with amended stipulations and will inform applicant what a review of SUP would accomplish Consideration of Second Reading of an Ordinance Approving the Amendment of the Fridley City Charter, Section 5.09 (initiation of Charter Amendment s ) . . . . . . . . . . . . . . . . . . . . . . . 4 Ordinance No. 914 adopted CENTRAL SERVICE--ACTION TAREN: Published Ordinance in Fridley Focus 0 Council Meeting, July 25, 1988 OLD BUSINESS (CONTINUED): Page 3 Consideration of Amending the Title in the May 2 and May 16, 1988 City Council Minutes to Read, Vacation SAV #87-07, to Vacate the 12 Foot Alley In Block 5, Hyde Park, lying North of the South Line of Lot 22, Extended Easterly and South of the North Line of Lot 30 Extended Easterly. All Lying East of and Adjoining Lots 22-30, Block 5, Hyde Park, Generally Located Between 61st Avenue and 60th Avenue and Between 3rd Street and University Avenue, by Wayne Johnson (Tabled 7/11188) . . . . . . . . 5 - 5 G Approved CONIlMLTNITY DEVELOPMENT--ACTION TAKEN: Informed applicant of Council action. CITY MANAGER--ACTION TAREN: Correcting the caption in the May 2 and May 16 Council minutes Review of a Special Use Permit, SP #88-02, to Allow a Billiard, an Arcade and a Snack Bar, on Lots 4, 5 and 6, Block 1, Paco Industrial Park, The Same Being 7178 University Avenue N.E., by Greg Asproth (Tabled 7/11/88) . . . . . . . . . . . . . . 6 - 6 H Eliminate Stipulations 1, 2, 3& 8 and amend Stipulation 11 for a review on 6/20/89 COMMUNITY DEVELOPMENT--ACTION TAKEN: Informed applicant of Council action NEW BUSINESS: Consideration of Receiving and Awarding Bids for Computer Hardware, Software and Services ....... 7- 7 B Tabled CENTRAL SERVICE--ACTION TAKEN: Item will be on next agenda for consideration ! ' Council Meeting, July 25, 1988 NEW BUSINESS (CONTINUED}: Consideration of a Resolution Authorizing and Directing the Splitting of Special Assessments on Auditor's Subdivision #88, Paracels 200, 1840, 2000, and 1500, and Registered Land Survey #100, Tract B . . . . . . . . . . . . . . . . . . . . . . . . . Resolution No. 57-1988 adopted CENTRAL SERVICE--ACTION TAREN: Proceeded as authorized Consideration of a Resolution to Correct Error and to Rescind Weed Charge Certified on Pin No. 25-30-24-42-0012, and to Recertify this Weed Charge on Pin No. 25-30-24-22-0012 for the Second Half of 1988 Tax Statement . . . . . . . . . . . . . . . Resolution No. 58-1988 adopted CENTRAL SERVICE--ACTION TAKEN: Proceeded as authorized Consideration of a Resolution Authorizing and Directing the Combination of Special Assessments on Herwal 2nd Addition, Lots 3 and 4, Block 1, (Pin Nos. 13-30-24-33-0005, 13-30-24-33-0006, and 13-30-24-33-0007 ) . . . . . . . . . . . . . . . . . . . Resolution No. 59-1988 adopted CENTRAL SERVICE--ACTION TAKEN: Proceeded as authorized Page 4 . �, . 9 - 9 A . 10 - 10 B r ,, Council Meeting, July 25, 1988 NEW BUSINESS (CONTINUED): Consideration of a Resolution Approving and Authorizing Signing the Agreement Establishing Working Conditions, Wages and Hours of Employees of the City of Fridley Fire Department for the Year 1988 . . . . . . . . . . . . . . . . . . . . . Resolution No. 60-1988 adopted CITY MANAGER--ACTION TAKEN: Proceeded as authorized Consideration of a Resolution Ordering Improvement and Final Plans and Specifications and Estimates of Costs Thereof : Street Improvement Proj ect No. ST. 19 88-4 . . . . . . . . . . . . . . . . . . . . . Resolution No. 61-1988 adopted PUBLIC WORRS--ACTION TAREN: Proceeded as authorized Page 5 . . . 11 - 11 T . . . 12 - 12 B Consideration of a Resolution Ordering Improvement and Approval of Plans and Ordering Advertisement for Bids: Street Improvement Project No. St. 1988-4 ... 13 Resolution No. 62-1988 adopted PUBLIC WORICS--ACTION TAKEN: Proceeded as authorized � � Council Meeting, July 25, 1988 NEW BUSINESS (CONTINUED): Page 6 Review of Moon Plaza's Comprehensive Sign Plan Violation by Kim Olson of North Star Video, 6213 University Avenue N. E . . . . . . . . . . . . . . . . . . . 14 - 14 C Reviewed COMMUNITY DEVELOPMENT--ACTION TAREN: Will take appropriate action to enforce sign ordinance and work with petitioner if he would like sign removed. City Attorney to initiate legal actin Consideration of Approval of Change Order #2 for Dailey Construction, Inc. for Construction of the Satellite Fire Station . . . . . . . . . . . . . . 15 - 15 B Approved FIRE DEPT.--ACTION TAREN: Dailey Construction has been notif ied of approval of Change Order #2 Claims . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Approved CENTRAL SERVICE--ACTION TAREN: Paid claims Licenses . . . . . . . . . . . . . . . . . . . . . . . . . 17 - 17 A Approved CENTRAL SERVICE--ACTION TAKEN: Issued licenses Estimates . . . . . . . . . . . . . . . . . . . . . . . . 18 Approved CENTRAL SERVICE--ACTION TAREN: Paid estimates Consideration of Signage on Satellite Fire Station .... 19 FIRE DEPT.--ACTION TAKEN: There is no location at which a conforming sign can be installed so conduit will not be installed ADJOURN: 10:26 p.m. r FRtDLEY CI TY COUNCIL � JI�Y 25, 1988 - 7:30 P. M. 0 0 COUNCIL h'�ETI NG. .11�.Y 11. 1988 EMERGENCY COUNCIL N�ETI NG, �ULY 13, 1988 � 0 (CONSI DERATI ON OF ITEMS NOT ON AGENDA - 15 MI NUTES) � PUBL I C HEAR I NG ON A VA , SAV #88-01 . TO VACATE A SIX FOOT EASEMENT FOR STORM SEWER DESCRI BED I N DOCUMENT 26874 I N BooK 569. DATED NOVEMBER 3. 1964 ANO TO VACATE A 12 FOOT EASEMENT FOR CONSTRUCTI ON AND MAI NTENANCE OF A STORM SEWER DESCR I BED I N DOCUMENT 280899 I N BOOK 697. PAGE 41, DATED'OCTOBER 20, 1965, ALL GENERALLY OCATED AT 6499 UNIVERSI TY AVENUE N. E. , BY THE CI TY OF FR I DLEY AND TARGET NORTHERN OPERATI ONS C�NTER . . . . . . . . . . . . . . . . . . . . . . . . . . 1 - � C 0 COUNCIL N�ETI NG, Jt�Y 25. 1988 �� 1 : ► CONSI DERATI ON OF A VARI ANCE, VAR #88-15, TO INCREASE THE HEI GHT OF A FENCE I N A COMMERCI AL DISTRICT FROM 8 FEET TO 10 FEET: TO REDUCE THE BUILDI NG SETBACK ADJACENT TO AN R-1 D1 STRICT FROM 50 FEET TO 40 FEET: TO REDUCE THE BUILDING SETBA CK ADJ ACE NT TO AN R-2 D I STR 1 CT F ROM 50 FEET TO 10 FEET, TO ALLOW THE CONSTRUCTION OF A STORAGE SHED/DI STR I CT BUFFER AND IMPROVED SCREENI NG FENCE ON LOT 9. AUDI TOR' S SUBDI V I SI ON N0. 94, THE SAME BEI NG 5351 CENTRAL AVENUE N. E. . BY N1��RD. IHC. (TA�ED 7/11/88) . . . . . . . . PA GE 2 .....2-20 CONS I DERAT I ON OF A SPECI AL USE PERM I T, SP #88-06. TO AL.LOW THE EXPANSI ON OF OUTSI DE STORAGE ON LOT 9. AUD I TOR' S SUBD I V I S I ON N0. 94. TH E SAME BE I NG 5351 CENTRAL AVENUE N. E. , BY N�NARD, INC, iTABLED 7/ 11/88) . . . . . . . . . . . . . . . . . . . . . , . . . 3 - 3 N CONSI DERATI ON OF SECOND READI NG OF AN ORDI NANCE APPROV 1 NG 7HE AMENDMENT OF THE FR i DLEY C{ TY CHARTER, SE CT I ON 5.09 i I N I T I AT I ON OF CHARTER AMENOMENTS) . . . . . . . . . . . . . . . . . . . . . . . 4 0 COUNCIL N�ETI NG, Ju�Y 25, 1988 1� 1 : 1 11 ►l��y�1� Pac� 3 CONSI QERATI ON OF AMENDI NG THE T! TLE I N THE MAY 2 AND MAY 16, 1988 CI TY COUNCIL MI NUTES TO READ. � VACATION SAV #87-i�7, TO VACATE THE 12 FOOT ALLEY • IN BLOCK 5, HYDE PARK, LYIN� NORTH OF THE SOUTH L I NE OF LOT 22, EXTENDED EASTERLY AND SOUTH OF THE � NORTH L i NE OF LOT 30 EXTENDED EASTERLY. ALL LY i NG EAST OF AND ADJ01 NI NG LOTS 22-30, BLOCK 5. HYDE PARK, GENERALLY LOCATED BETWEEN 61ST AVENUE AND 60TH AVENUE AND BETWEEN 3RD STREET AND UNIVERSITY AVENUE, BY WAYNE �OHNSON (TABLED 7/11/88) . . . . . . . . 5 - 5 G REV i EW OF A SPE C I AL USE PERM I T, SP #88-02, TO ALLOW A B ILL I ARD, AN ARCADE AND A SNACK BAR, ON LOTS 4, 5 AND 6. BLOCK 1. PACO I NDUSTR I AL PARK. THE SAME BEING 7178 UNIVERS{TY AvENU� N,E.. BY GREG ASPROTH (TABLED 7/11/88) . . . . . . . . . . . . . . 6 - 6 H �1Ia. : ► CONS I DERAT I ON OF RECE I V I NG AND AWARD i NG B I DS FOR COMPUTER HARDWARE, SOFII�VARE AND SERV 1 CES ....... 7- 7 B COUNCI L N�ETI NG, Jt�Y 25. 1988 �►�N'i : ► � ► 1 � PA GE 4 CONSI DERATI ON OF A RESOLUTI ON AUTHOR I Z i NG AND DI RECT I NG THE SPL i TTI NG OF SPECI AL ASSE SSMENTS � i _ ON A�D I TOR' S SUBD I V I S t ON #88. PARACEL S 200, 1840. 2000, AND. 1500, AND REGI STERED LAND SURVEY �100. TRACT�B . . . . . . . . . . . . . . . . . . . . . . . . . . � - 8 C 0 CONSI DERATI ON OF A RESOLUTI ON TO CORRECT ERROR AND TO RESCI ND WEED CHARGE CER71 F I ED ON PI N N0. 25-30-24-42-0012, AND TO RECERTIFY THIS WEED CHARGE ON PI N N0, 25-30-24-22-0012 FOR THE SECOND HALF OF 1988 TAX STATEMENT . . . . . . . . . . . . . . . . 9 - 9 A CONSIDERATION OF A RESOLUTION AUTHORlZING AND DI RECTI NG THE COMBI NATI ON OF SPECI AL ASSESSMENTS ON HERWAL 2ND ADDITION, LOTS 3 AND 4. BLOCK 1, tPl tv Nos. 13-30-2�-33-0005, 13-30-2�+-33-0006. AND 13-30-24-33-0007 ) . . . . . . . . . . . . . . . . . . . . 10 - 10 B 0 � ; COUNCIL N�ETI NG. Jt�Y 25. 1988 PAGE 5 \a � 1 �\ ► 1 CONS I DERATI ON OF A RESOLUT I ON APPROV I NG ANO AUTHOR I Z I NG S I GN I NG THE AGREEMENT ESTABL i SH I NG � WORkI NG CONDI TI ONS, WAGES AND HOURS OF EMPLOYEES �� OF THE CI TY OF FR I DLEY FI RE DEPARTMENT FOR THE YEAR 1988 . . . . . . . . . . . . . . . . . . . . . . �. . � 1 - 11 T � CONSI DERATI ON OF A RESOLUTI ON ORDERI NG IMPROVEMENT AND FI NAL PLANS AND SPECI F I CATI ONS AND ESTIMATES OF COSTS THEREOF : STREET IMPROVEMENT PROJECT N0. ST. 1988-4 . . . . . . . . . . . . . . . . . . . . . . . . 12 - 1,2 B CONSI DERATI ON OF A RESOLUTI ON ORDERI NG IMPROVEMENT , AND APPROVAL OF PLANS AND ORDERI NG ADVERTI SEMENT FOR B I DS : STREET (MPROV EMENT PROJECT N0. ST. 1988-4 ... 13 COUNCIL N�ETI NG. Jt�Y 25, 1988 ► .�� : � ► 1 PA GE 6 REV I EW OF MOON R.AZA' S COMPREHENSI VE S I GN FLAN V t OLATI ON BY KI M Q.SON OF NORTH STAR V I DEO, 6213 � UNIVERSI TY AVENUE N. E . . . . . . . . . . . . . . . . . . . 14 = 14 C CONSI DERATI ON OF APPROVAL OF (�IANGE ORDER �2 FOR DA I L EY CONSTRUCT I ON, I NC. FOR CONSTRUCT I ON OF TH E SATELL I TE F I RE STAT I ON .............. 15 - 15 B QA� Ms . . . . . . . . . . . . . . . . . . . . . . . . . . 16 , LtcENSES. . . . . . . . . . . . . . . . . . . . . . . . . 17 - 17 A ESTI MATES . . . . . . . . . . . . . . . . . . . . . . . . 18 �:�� 0 � , t � I � � G t � � � � �� fi'�� , f;�; h: }i �f�.+ 1. � Y. _ �'�' � � � �: �..` � ,a � � ;:,; . . a;r ��- �� . . . � . : �' . . � � � � � . � : '.r .,�; �-� �N : �-+' d . �- ; . . . � . .� � . -, . . . . . , � ' . , � jt . . . . . .. . tr 3 ��: . .. . ' . . . � LL� 6 i. Yi � . . . . . � ^¢d�r ^ � ��'? -- � �;.� Y�� . . � .. . �� .. .. 1t . ��t; � � . � . � . 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YYr,� ..,`�'. . .. ; � d � � � `��`'�. � � � � <� � . . , i 5 ��.,� i! � , . �� .. . � _ ''E`"4s �`� � 3 r;�. i"� � x �� .:e t r i � � � � � "n {` �, ° r ��,�n�,.t' ` � ` � . w t �'r � ,, . � � ,�s k .�' �rf � � q,;- d g�iN .�'.� . i�; � � . � .. . . . . . i � "� , , � �� ' a � � � � , �"� � � �� , � � . §'` � �'� �. �'� ,� � � � � x . � x��, « W ,y . � � 'qt� '�. y'�„}`�h`Y'�''J'"`�"`t7�"� $ " � . _ . � „rS � � �j J � '&�arw� �: . s� � X . . > )h q;' �r �,� ''+'h +y�£ . � � Art �� F��+ t.� .. .. _ � � ' � �+' �:e� �`„ � � : � � �� j r,��'' ��,� �;a.� �v" ' �� `� ` �. �� F 'r � s� , , � �, s � .. * � * i � + *# �� .� �- "�� ¢ � r ° $� � ;�'�� _ .,r,.�. . ;:� THE MINCTI�S OF � RDG(JI,AR NlEE,TING OF THE FRIDLEy CITY COUNCIL OF JULY 11, 1988 The Regular Meeting of the Fridley City Council was called to arder� at 7:45 p.m. by Mayor Nee. PLEDGE OF ALI�EGIANC� : Mayor Nee led the Council and audience in the Pledge of Allegiance to the Fl ag. ROLL CALL: N�F�S PRES'ENT: Mayor Nee, Councilman Billings, Councilman Fitzpatrick, Councilman Schrieider and Cotmcilwaman Jorgenson r��s �s�srr: rlone APPRWAL OF NIIIVI7'I'ES: CbUNCIL MEF,'I'IIVG, JLTNE 20, 1988: Councilman Schneider stated on Page 2, paragraph 7, line 5, 10 foot should be changed to 9 feet. Councilwoman Jorgenson stated she voted against the motion on Item 10 ref erring to porta-p�ariel signs. NDTION by Councilman Fitzpatrick to apgrave the minutes of June 20, 1988 with the abwe corrections. Seconded by Councilm�n Schneider. Upon a voice vote, all voting aye, I�yor Nee c7eclared the motion carried unanin�ausly. ADOPI'ION OF AC�1DA• NDTION by Councilman Fitzpatrick to adopt the aqenda as sulanitted. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried �animrnisly. OPEN FORUM, VISITORS: PEI'ITION I�U. 15-1988 - NYJORE LAKE: N�s. Gloria Hayes, 840 West Moore Lake Drive, submitted a petition in opposition to the City pumping water frcm the west to the east sicle of Moore I.,alce. N�s. Hayes stated Tctn Lutgen, Hydrologist with the Department of Natural Resources sutxnitted a letter dated July 6, 1988 to John Flora regarding the unauthorized abstruction of the cvlvert �der Higl�vay 65 in Moore Lake. She stated Nh-. Lutgen stated in his letter that DNR permits were not abtained for this ptanping. -1- F'RIDLEY CITY QO[INCII, N��'ING OF JLTLY 11, 1988 NDTION by Councilman Schneider to receive Petition No. 15-1988. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried.�animausly. Mr. Dennis Nolan, 5733 West Moore L�ake Drive, asked what action the Council would tak:e regarding this petition. Councilman Schneider stated in the petition, the residents are requesting the dike b2 ranaved and p�unping ceased and both have been done. He stated it is the Council's intention to have a special meeting this Wednesday at 6:00 p.m. at City Hall to discuss any further action to be taken. Mrs. Hayes asked haw residents will be r�tified of this meeting. Cbuncilman Schneider stated notices will be hand delivered to property awners. He stated the Council has to take action quickly to protect the east side of the Iake. Councilm�n Billings stated it is his lmderstanding the Council will not be discussing the transfer of any water or dr�ing anything to the west basin. He stated the primary purpose of the meeting is to try and come up with a way to protect the liner placed in the east basin since pumping is not the solution. Mr. Flora, Public Works Director, stated when it was noticed there was a drop in water level in the east basin of Moore Lake, the Department of Natural Resources was contacted and it was stated the CiLy could place same restrictions in the west basin as long as it didn't affect the water level more than one-tenth of a f oot. He stated a barrier was placed in the culvert on Highway 65 and, at that time, water was pumped into the east basin keeping within the one-tenth of a foot limitation. Mr. Flora stated a letter was ti�en received frcm the I�parfiment of Natural Resources and their r�ew position was that before any blockage or pun�ing of water could occur, they w�uld request a signed release frcm the property awners and appraval by the City Council. He stated the City has ceased the ptunping and renoved the barrier. Councilman Schneid+er asked Mr. Flora if it was his understanding that no permit was necessary, as long as the levels were kept within cne-tenth o� a foot. Mr. Flora stated this was his understanding. N�s. Hayes stated the letter fran the Department of Natural Resources cites certain statutes and notes that DNR permits were not obtained for the ptunping or the dike. 5he stated the City was definitely wrong. Nk�. Larson, Manager of Water Quality for Hickok and Associates, stated, in ternns af what methods might be used to solve this prabl en, they really have not dQne an assessment. He stated their fizm would be looking into possible solutions chu-ing the next few days and intend to present sane aptions at the n�eting this Wednesday night. He stated covering the Dartek close to the shoreline with scn� sort of material to wet and protect it may be an aption. He stated the prablan with the A�rtek on the shoreline right now is that when it dries, it becomes brittle. Mr. Larson stated in terms of -2- FRIDLEY CITY QOKJNCIL N�rING OF JULY 11, 1988 alternatives that is sanething he cannot cccrarent on at this time. Mayor Nee asked Mr. Larson to explain the phosphorus question in ref erence to the well water. � - Mr. Larson stated a similar problan occurred last year and there was so�ne p�m►ping aut of a fire hydrant. He stated they took water samples and f ound the phosphorus levels were very high, much higher than even normal storm water frcm the east basin. Councilman Schneider asked if City water has a high phosphorus eontent. Mr. Larson stated phosphorus is not dangerous, but if put into the lake will affect the algae and weeds. He stated all the impravements done to Moore Lake have been made to reduce the phosphorus and by ptanping in water high in phosphorus, if allowed to continue for scntie period of time, would set the whr�le project back. He stated it is not scmething to be concerned about in terms of drinking water. Councilman Schneider stated in terms of a long tern► solution, if phosphorus is samething that could be filtered out. Mr. Larson stated there are certainly wells in this area that have lower phosphorus levels than what was recorded last year when the water was sampled coming into the lake. He felt perhaps water could be taken out of a different well system when water levels were c3own. Councilman Schneider stated he realizes there is continuous monitoring of the lake, but wondered if the Dartek has really accomplished what was intended. Mr. Larson stated it is difficult to say as there are a nwmber of things which affect water quality and you cannot tell in one year. He stated they would be taking water samples this s�ier and looking at the aeration systan which will be a topic in their final report issued in January, 1989. He stated the nature of the lake is that the flushing action comes fram the storm water. Mr. Jacobson, 851 West Moore Lake Drive, asked if Fridley is the only City having this �rticular prablan. He thought another City should be asked haa they maintain their lakes. Councilm�n Schneider stated other lakes cb not have the treatment which was done at Moore L�ake. He stated it is important to protect the investment in Moore Lake and ]ceep the lake clean. Mr. Larson stated there are no other lakes that have this type of material installed in them. MUTION by Councilman Billings to schedule an emergency meeting f or Wech�esday, July 13, 1988 at 6:00 p.m. at City Hall to discuss the Nbore Lake prablans. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried tmanimously. -3- 1. FRIDLEY CITY O�CTNCII., N�TIlVG OF JLTLY 11, 19 88 Councilmar► Schneider stated staff's intent was well founded, but felt it was very clear the City will rx�t attenpt more pumping. He stated the City was wrong and apologizes for it. I,OQ� L�KE - MARY VASEC�A, 6909 HICKORY DRIVE N.E.: Ms. Vasecka stated she wanted to let the Council ]maa the condition of Locke Lake. She stated two weeks ago, Locke Lake was a thriving lake and now there is no lake left. Ms. Vasecka stated she would like the Council to consider same measures to restore the water levels. She also questioned what kind of property tax consideration she would b2 given since she no longer has lakeshore property. S'he stated she would like same restrictions passed, not only for this year, but long term so if water levels fall belaw a cetain level, people cannot continue to use water fram the lake. Ms. Vasecka stated she also wanted the Council to consider a sprinkling ban. Mayor Nee stated the Cotmcil is considering a sprinkling ban this evening, but felt there really isn't any answer to the low water levels other than rain. Ms. Vasecka asked if the City wr�ul.d consider contacting municipalities and working with then on a watering ban for people who live ari the creek. Mr. Flora, Public Works Director, stated the Rice CYeek Watershed District is reviewing a water management plan, but didn't know if the plan specifically limits watering. Ms. Vasecka asked if the City takes an active part in the Rice Creek Watershed District's proceedings to which Mr. Flora answered in the af f irmative. Ms. Vasecka asked who she would speak to in regard to her taxes and was advised to contact the City Assessor's Office. Mayor Nee asked Ms. Vasecka if she would like to become involved in environmental or natural resource issues and she stated she would be interested. PUBLIC HEARINGS: 17UBLIC HEARING ON STREET IMPROVEMENT PROJECT ST 1988-4, OSBORNE ROAD IMPROVII�TI'S • MYrION by Councilman Fitzpatrick to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried �an�mously and the publ ic hearing aper�d at 8:27 p.m. Mr. Flora, Public Works Director, stated the County is scheduling improvanents of the intersectian at East River Road and Osborne Road and upgrading Osborne Road between East River Road and Main Street. He stated this section of Osborne Road between East River Road and Main Street has -4- FRZDLEY CITY OOUNCIL ME�TING OF JULY 11, 1988 never been assessed. He stated previous imprav�nents to Osborne Road between Main Street and University Avenue were assessed to the commercial properties. Mr. Flora stated. the total project is estimated at $992,000 and the City cost is estimated at $99,000. �- Councilman Fitzpatrick verified that only the City's portion would be assessed. No person in the audience spoke regarding these proposed impravenents. NDTION by Councilman Fitzpatrick to close the public hearing. Seconded by Councilwccnan Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:29 p.m. 2. PUBLIC HEARING Oi�? Tf-iE ISSUANC� OF AN OI�SAI� WINE LICENSE TO ROCKY ROCOCO RESTAURANr, 7601 VIRON ROAD N.E.: NDTION by Councilwanan Jorgenson to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:29 p.m. Mr. Pribyl, Finance Director, stated this public hearing is for the issuance of an ari-sale wine license for RQCky Rococo's. He stated staff has reviewed the license and is now waiting far ccmpletion of the restaurant itself and canpliance with the code requirements. He stated the Police Depa.rtment report was favorable. Mr. Pribyl stated the camp�any is based in Calif ornia and they have been working with them aver the phone. He stated when a resident manager is assigned, his background would be investigated. Mayor Nee stated he felt sameone representing Rocky Rococo's should be present to answer ar�y questions and indicated he wouldn't feel comfortable issuing the license if a representative was rx�t present. No persons in the audience spoke regarding the issuance of this wine license. MYI'ION by Councilman Fitzpatrick to close the public hearing. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee decl ared the motion carried �usly and the public hearing closed at 8:32 p.m. OLD BUSINESS: 3. �NSIDERATION OF FIRST RF,ADING OF AN ORDINANCE APPROVING A REZONING, ZOA #88-01, TO REZONE FROM R-3, (GII�2AL MULTIPLE DWELLING) TO CR-1, (GENERAL OFFIC�) ON PART OF L�OTS 2 AND 3, AUDITOR'S SUBDIVISION NO. 25, THE SAME BEING 1001 HILLWIl�ID ROAD N.E., BY C[�iF�2YL S'PINSKI (TABLED 6/20/88) : Mr. R�obertson, C.a�rnmity Develognent Director, stated the Council tabled this itan at their June 20, 1988 meeting in order to allaw time for the petitior�er to arrange far werflav parking. He stated staff inet with the -5- FRIDLEY CITY aWNCIL N�'rIlJG OF JLTLY 11, 1988 petitioner � June 30 and discussed four different alternatives. He stated these alternatives were to reduce the size of the building to accammodate off-street garking; to have the praposed tenant hold their sales meetings off-site; to obtain a parking easement fram a neighboring property owner to use their Iot; or to request assistance to construct another level of parking. He stated sane progress was made in the discussions, but a f inal conclusion has not been reached. Ms. Stinski stated reducing the size of the building would not be a feasible solution. She stated she spoke with adj acent property owners, Lynde Irtvestment and Pblk Street 7rivestment regarding a parking easement. She stated Lynde Irivestrnent was not interested in giving a parking easement and A�lk Street Irnrestment stated they wouldn't have any prablans with praviding an easanent, but wanted to speak to their on-site manager. Cbuncilman Schneider asked if the apartment building has adequate parking. Ms. Stinski stated there seans to be adequate parking availabl e, however, the praperty manager wanted to check into it further. Ms. Stinski stated in speaking with their proposed tenant, Merrill Lynch Realty, they have meetings on Nbnday mornings and r�eed 20 parking s�aaces and on Tuesday mornings they need 40 parking spaces, othenaise they do not require a lot of p�rking as their enplayees are aut working in the field. Councilman Billings asked for what length of time they would want an ease�r�ent for �rking pu.rposes. Mr. Rcabertson stated as long as it was felt there may be a parking problem and Merrill Lynch is the tenant of this proposed building. �uncilman Billings stated he is concerned about creating a�rking problem for those living in the adj acent residential area. Mr. Herrick, City Attorn�y, stated it may be well to check not onl.y if there is �cess �rking at the apartment ccanplex, but if there is rornl to enlarge the �rking lot. Councilman Schneider asked about the terms o� the lease with Merrill Lynch. Ms. Stinski stated the lease would be for five years with aptions to renew. �uncilman Billings stated he is r�t cc7n�fortable with having a first reading of the ordinance subject to all the limitations and wanted the opportunity to evaluate it more thoroughly. Ms. Stinski stated the Housing & Redevelopment Authority will not make a decision on any assistance until the Council rezones the property. Mr. Robertson stated the petitioner has submitted a list of requests to the HRA, but they have tabled it until Council acts on the rezoning. Councilman Schneider stated if the Council rezones the property and the HRA doesn't p�rticipate with any assistance, he asked the petitioner if she would still proceed with the plans. Ms. Stinski stated the plans for the � FRSDLEY CITY OOCINCII� N�!'ING OF JULY 11, 19 88 buil ding are based on HRA assistance. Mr. Herrick stated if the Council rezones this property and this plan does not proceed, scmeone else may came back with a plan that isn't as desirable, � but naa the zoning has been changed and it may be hard to deriy. NDTION by Councilman Schneider to direct staff to inf onn the HRA that the rezoning is appraved, in ooncept, with the six stipulations as shvwn on Page 3F of the agenda and with the additional stiuplation that a permanent solution to the parking prablan be abtained either by an eas�nent ar g�rking ramp construction. Further, that the rezoning is contingent on this garticular project proceeding. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimausly. MJTION by Councilm3n Schneider to table the first reading aF this ordinance. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 4. CONSIDERATION OF FIRSI' READING OF AN ORDINANCE APPROVING THE AMENDMENT OF THE FRIDLEY CITY �, SECTIONS 2.03 (ELECTIVE OF'FICERS), 2.04 (REGULAR MUNICIPAL ELECTIONS) AND 4.03 (PRIMARY ELECTIONS) (TABI�D 6120/88): Mr. Francis van Dan, 6342 Baker Street, stated at the last meeting he spoke on this same subject. He stated he is civic minded and has tried to keep this discussion on the up and up, but t�fortunately one f ell aw in the City chose to submit his caranents to the newspaper. Councilman Billings stated Mr. van Dan didn't speak on this itan at the time of the public hearing, however, he was given the opportunity to speak at the last meeting. He felt this is not the place to discuss personal vendettas, however, if Mr. van Dan has scic�thing to discuss regarding this item he is willing to hear his caranents, but is not concern,ed about his problems with another Fridley person. N�. van Dan stated the City has been notified that there is no windaw and requested the Council consider tabling these Charter amendments t�til input is received fran citizen groups. Mr. Hunt, Assistant to the City Manager, stated at the last meeting staff was requested to discern whether the League of Women Voters would be interested in doing a study regarding the proposed amendments or if there was a limit to the period of time the Council could act on these proposed amenc�nents. He stated he met with the present and past presidents of the League of Wcmen Voters and brought this matter to the attention of their manbership and they indicated a willingness to conduct a study. He stated they fel t it wrnil.d take imtil probably the early part of December to study the matter and submit a reca�anendation to the Council. I�. Herrick, City Attorney, stated he has researched the statute s and doesn't find any specific time liunitati�. He felt a reasonable time would be appropriate and it seems if the Council wishes to delay it f or a -7- 5. FRZDLEY CIZY OCA7NCIL N�'rIN� OF JULY 11, 19 88 reasonable period of time to allow additional input that would be within their jurisdiction. Nir. Hunt stated the Charter C�nission has the aption to go directl� �o the voters i£ they so choose. He stated ther� are same technical diff iculties bec��use the Charter Q�rmission needs another member on the Cammission and pr�ly woU1d not have one until August so they prQbably wouldn't be abl e to place it before the voters much sooner than they would get a response back f ran the Council. Councilwanan Jorgenson stated if a study is done by the League of Wom�n Voters and the Ccnmlission decides to place it on the ballot, it probably wauldn't be until the Nwanber, 1989 election. Mr. Hunt stated either the Charter Cammission or Council can call for a special election for this iten. Councilman Schneider stated he would feel camfortable with having the League of wcmen Voters review this proposed aQnendment. He stated he doesn' t have arry strong opposition to the amendments and his only concern is that he dpesn't want the Catunissi�n to look on this as a vote of rLO conf idence. DDTION by Councilman Schrveider to table this itan and refer it to the League of Wanen Voters far their study and report back to the Council, but, in no case, should the item be tabled later than the f irst meeting in Januaxy, 1989. Seconded by Councilwanan Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanunausly. MOTION by Councilman Schneider to waive the reading and approve the ordinance upon first reading. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unarii.mously. 6. QONSIDERATION OF A VARIANCE, VAR #88-03, TO REDUCE THE WILyI'H OF A SCREENING SI'RIP BE1�TF�1 C'OD��FtCIAL AI�ID RESIDE[�frIAL DISPRICTS FROM 15 F�T TO 5 FEE,T ON Tf� EA.S'I' AI�ID NORTH SIDES OF 'I� PROPERTY TO ALLOW THE CONSTRUCTION OF AN OFFICE C'OMPLEX ON L�OT 1, BLOCK l, HILLWIND ADDITION, THE SAME BEING 941 HILLWII� ROAD N.E, i Al� ON LC71' 3� AUDITOR' S SUBDIVISION NO. 25 r THE SAME BEII�TG 1001 HILLWII�ID ROAD N.E., BY CHERYL STINSKI (TABLID 6/20/88) : NDTION by Councilman Schneider to table this itan and bring it back with the rezoning request for this garcel. Seconded by Councilwaman Jorqenson. Lip�n a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7. C1�NSIDERATION OF A VARIANCE, VAR #88-09 TO REIRTCE THE DRIVEWF,P,Y CURB OPE[�1ING TO Tf� NEAREST PORTION OF A RIGH'ILOF-WAY FROM 75 FE�.� 'I�0 42 FEE,T; TO REDUCE TI� NCTMBER OF PARKIIVG SPACES FROM 39 SPACES TO 32 SPAC�S, TO AL�I,C7GV DRIVEWAY � FRIDLEY CITY CX7[TNCIL N�TING OF JULY 11, 19 88 INGRESS/EGRESS RELOCATION AND THE EXPANSION OF DRIVE-UP FROM 2 LANES TO 4 LAI�S, � SAME BEING 5205 CE�QI'RAL AVEN[JE N.E., BY TCF BANKING AND SAVINGS (TABLID 6/20/88): N�. Rd�ertson, Ca�rnuiity Development Director, stated these variances are requested in order to ex�zd the nun�r of drive-up windaas f ran two to f our at �in City Federal's facility at 5205 Central Avenue. He stated there would be ane way to enter the facility and two ways to exit. He stated staff, the Skywood Mall representative and the petitioner agreed on an overall master plan for the site based on the petitioner submitting a f inal engineerng drawing that conforms to the schanatic drawing. Councilman Billings stated he wished to compl iment staff on their eff orts and 'It�vin City Federal for the entire layout which impraves their facility. Mr. Galush, representing Ztain City Federal, stated they are canfortable with the plan, but hasn't had the opportunity to present it to the �tain City Federal nanag�n�nt. He al so compl i.mented the City staf f that bent aver backwards to work out solutions that were meaningful for everyone. He felt the improvanents would be good for 'Itvin City Federal, Skywood Mall and the City. Councilman Billings asked if they were comf ortable with the eight stipulations recaYanended by staff and Mr. Galush stated he has no problem with them. NDTION by Councilman Billings to grant variance request, VAR #88-09, with the follaving stipulations: (1) 'Itain City Federal will work with Skywood Mall to acquire a segarate entrance for the drive-through operation; (2) 'IWin City Federal will install necessary curbing, landscaping and sprinkling as indicated on the appraved plan; (3) Twin City Federal will work with 5'kyw�od to acquire and impra�e the p�rking area for bank anplayees; (4) Ztvin City Federal will pra�icle additional landscaping just west of the existing easterly border along with autanatic sprinkling; (5) Ztain City Federal will � develap and seek apprwal for a directional signage program for the proposed circulation systen; (6) 'Itain City Federal will work with staff to improve the screening for the dLUnpster and utility equipment located on the north end of the site; (7) 'I�uin City Federal will supply a perforniance bond in the amount af $10,000 to caver the agreed upon site improvenents; and (8) all of the outlined imprwanents will be installed and functional prior to the operation of the expanded drive-through area. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 8. ORDINANC� N0. 913 REOODIFYIIVG THE FRIDLEY CITY CODE CHAPTER 214, ENTITLED "SIQVS" BY AMENDING SECTION 214� 02 .24 , 214 .02 .36, 214 .10 . 06 , 214 .11, 06_ AND 214.12.06: Mr. Rd�ertson, �rmunity Develognent Director, stated the Council on June 20, 1988 approved the first reading of this ordinance which amends the section af the code referring to porta-panel signs. He sta.ted orhe question was haw these signs would be regulated. He stated to sol've this probleqn, Q'T■ FRIDL�EY CITY �iJNCIL N�TING OF JULY 11, 1988 the follawing sentence has been inserted, "All temporary sign permit applications must be signed by said property awner or designated manager before processing can begin." Councilir�an Fitzpatrick asked if you had a shopping center with 11 to 15 businesses, if they could have four permits each a year. Mr. Robertson stated a shopping center with 11 to 15 businesses could display a porta-panel for 14 days, four times per year and it would be up to the manager to decide which of those businesses would get that privilege. Cotmcilwanan Jorgenson asked if the ar-dinance relates only to businesses and not private residents in the City. Mr. Robertson answered in the af f irmative. N�. Herrick, City Attorr�y, stated he is satisfied the way the ordinance is written, haNever, if a problen arises in the future, the ordinance may have to be reviewed. Councilwanan Jorgenson stated it is an ac�n.inistrative nightznare for staff to enforce an ordinance for porta-panel signs. S'he stated earlier this year, a person had a porta-panel sign advertising an estate sale and it took several days to find who was responsible for the sign. She stated she would like these banned in the City. Councilwan�z Jorgenson stated unless you drive through the City every day, there is no way to knaw if you have illegal signs or not. Councilm�an Billings asked if there are illegal signs if the City could confiscate thgn and charge to have them returned. Mr. Nerick stated he wauld pref er to see a citation issued and let the judge decide the action to be taken. Mayor Nee stated with the i�ew language added since the first reading, if an amenc�nent is required to insert it. Mr. Herrick stated the motion on second reading should specify it is as �nended in the agenda. Councilwaman Jorgenson stated there was no input froan the Chamber of Canurberce if th�y were in favor aF these sic,�s and she would have liked. their carQnents. Councilmai-� Billings stated he believed the Council recoR¢nended the Planning Commission review the ordinance with a view to potentially banning porta-panel signs altogether and the Commission decided this was the ordinance they wished to recca�mend. Cbuncilman Fitzpatrick stated even though the Planning Ccxr¢nission was asked to came up with a reccc�nendation, he felt in the back of the Council' s mind was to proceed in the other direction and not permit than in the City. Mr. Herrick stated not only porta-panel signs are-included in this ordinance. He stated such it�ns as searchlights and balloons are included -10- FRIDLEY CITY QOUNCIL ME�rII�1G OF JULY 11, 1988 which do draw attention to n� businesses. Councilman Schneic�er stated he can see an occasional use f or a porta-panel sign, however, his concern is the abuse af th�n. He stated he wouldn=t have a prc�blan asking businesses to review the ardinance. Ni�yor Nee stated this ardinance is easier to understand and prnbaUly easier to enforce than the old ordinance. NDTION by Councilmzn Billings to waive the reading and adopt �rdinance No. 913 on second reading and order publication, as amended, by adding the following language in Sections 214.10.06.B; 214.11.06.B; and 214.12.06.B - "All tenporary si� permit applications must be signed by said property aaner ar designated manager before processing can begin". F�r'ther, to a�nend Section 214.02.24 by eliminating the word "signs" at the end of the f irst �ragraph and inserting a colon af ter the word "to" and adding the words "A siqn" under Itans A and B; adding the word "signs" under Iten D; and adding the words "A sign" under Itan E. Seconded by Councilrr�an Schneider. Upon a roll call vote, Coimcilman Bil l ings, Councilman Schneider and Mayor Nee voted in favor of the motion. Councilwaman Jorgenson and Councilman Fitz�trick voted against the motion. Mayor Nee declared the m�otion carried by a 3 to 2 vote. NEVJ BUSII�SS: 9. CONSIDERATION OF REAL ESTATE DEVELOPMENT SIGNS FOR RIVERWOOD PARK DEVFI�OPMEN!' : Mr. Robertson, Cammunity Development Director, stated Mr. Madison of Tollef san Construction, Inc. is requesting permission to erect faur off-site real estate develognent directional signs for the Rivenaood Park devel�ment at 71st Avenue and East River R�oad. He stated apparently the closing of Fast River Road has made it clifficult to direct customers to the site. Mr. Madison stated they previously have had f ive or 'six people visiting their cl�vela�ient during the week and 12 or 13 on the weekend, hawever, they nav only have about vne during the week and three or four on the weekend. N�. Madison stated they need scane directional signs tio advertise their ctevel o�xnent . Mr. Rpbertson stated these signs would be placed on private property and it would be riecessary to c�btain permission fram the property owner and they �ust be located ten feet fran ariy property line ar driveway. M7!'ION by Councilman Fitzpatrick to apprwe this request for four off-site directional signs far the Riverwood Park development with the following stipvlations: (1) petitioner must place the directional signs on private praperty and it is necessary to obtain permission frcan the property awner and (2) all signs must be located 10 feet fro�m any property line or driveway. Seconded by Councilman Billings. Councilman Billings stated he would like Mr. Madison to approach the -11- FRIDLEY CITY Q7[1NCIL I�rIlVG OF JLTLY 11, 1988 praperty owners with the attitude that he needs their permission to install these signs. Mayor Nee stated the ca3e has already be�en violated as signs were p3.aeed all aver the property. Mr. N�dison stated they are new to the Riverwood Park development and are not the ones whp erected the Rivenaood Park signs. Mayor Nee stated he apologizes and was glad they came in for the permit. Councilman Billings stated he had the same feelings as the Mayor and was the reason for his previaus cca�an�nt. Upon a vioce vote taken on the abave motion, all voted aye, and Mayor Nee declared the motion carried unanimously. 10. �NSIDERATION OF AA�TDING 'I'E� NX7I'ION APPRWING A VACATION, SAV #87-07 , TO VA�,TE THE 12 FOdI' ALL�Y IN BIAQZ 5, HYDE PARK, LYING NORTH OF THE SOUTH LINE OF L,OT 22, EXTENDED EASTERLY AND SOUTH OF THE NORTH LINE OF LOT 30 EX'I`ENDED E�ASI'ERLY; ALL LYING EA�I' OF AND ADJOINING L�(77PS 22-30, BTACK 5, HYDE PARK, GII�IE�'RAI�Y LOCA'I'ID B�EEE'.N 61ST AVENUE AND 60TH AVENUE AND BETWEEN 3RD STREg'I' AI�ID UNIVERSITY AVENUE, BY WAYi� JOHNSON: Mayor Nee stated the daciunent to be amended should be brought back to the Council at the r�xt meeting. NDTION by Councilman Billings to table this item until the next regular meeting. Seconded Ly Councilman Schneider. Upon a voice vote, all voting aye, Nl�yor Nee declared the motion caried unanimously. 11. REVIEW OF A SPECIAL USE PERMIT, SP #88-02, TO ALLOW A BILLIARD, AN ARCADE AND A SNACK BAR, ON L�O�T'S 4, 5 AI�ID 6, BL�OQZ 1, PA00 INDtJSPRIAL PARK, THE SAME BEING 7178 UNIVERSITY AVIIVCTE N.E.. BY GRDG ASPRO'I'H: Mr. Rc�bertson, C�n¢rninity Develognent Director, stated the petitioner called and stated he was ur�-+ble to attend this meeting and asked that this item be tabled to July 25, 1988. M7I'ION by Councilman Billings to table this itan to July 25, 1988. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12. CONSIDERATION OF A SPECIAL USE PERMIT, SP #88-04, TO ALLOW PRIVATE, NONPROFIT CLUBS, TO ALLOW AUTOMOBILE PARKING ON ADJACENT L�AND ON LOT 1, BLOCR 1, HAR�STAD ADDITION, AND THE SOUTH 95 FEET OF LOTS 14 AND 15 PLUS (�[JTL,O'I' 1, HARSI'AD ADDITION, ALL G�'.NER? �T Y LOC'ATID AT 6 831 HIGHWAY 65 N. E., BY NORTH AIR HON� ASSOCIATION (ICN.LGHTS OF OOLUb'lBUS) : Nlr. Rc�bertson, Carmunity Development Director, stated this request is for a special use permit to allaa the Knights of Cbl�nbus to ex�nd their parking lot by constructing additional p�rking sgaces on adjacent land. He stated -12- FRIDL�EY CITY a0[TNCIL N�.TIlQG OF JULY 11, 19 8 8 the Planning Cc�anissi� reviewed this request and recarr¢nended appraval with certain stipulations to which staff is recaR¢nending scme minor changes. N�. Robertson stated the stonn drainage plan was submited and apprwed by the �ngineering Department. ` � Mr. Richard French, representing the Knights of Columbus, stated the stipulations recammended by the Planning Commission were acceptable, however, the stipulation for the garking lot to contain fc�ur islands on the south of the �rking 1 ot would pose a prabl an. He stated they have only one direction in which to move snaa which is to the east and the islands would make snow removal almost impossible. Mr. Robertson stated the islands are mostly for aesthetic plu�oses and wculd have sane effect an channeling traffic in the parking lot. Councilman Schneider asked about the landscaping. Mr. Rcabertson stated the landscaping is essentially on the perimeter. 1�. French stated they originally were looking at a co2npletion date of Septc�nber 1, 1988, hawever, it is r�� July and Septanber may be too early. He felt the landscaping prcabably shouldn't be installed until next spring due to the drought conditions. bi7I'ION by Councilman Schneider to concur with the unanimous recommendation of the Planning Ca�nission and grant special use permit, SP #88-04, with the following stipulations: (1) install landscaping and auta�natic irrigation as per City apprwed plan by May 15, 1989; (2} install six inch high concrete curbing along the peruneter of the existing parking lot and proposed p3rking lot by Octber 1, 1988; (3) slat chain link fence along the eastern property line af existing parking lot. Additional screening fence to be installed along eastern property line when property to the east develops; (4) install solid wood privacy fence all along eastern property line of the new parking lot upon ccmpletion of lot; (5) resurface and stripe parking lot to meet Code; (6) supply a perforn�ice bond or letter of credit in the amounti of $10,000 prior to construction. Seconded by Councilwanan Jargenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mayor Nee asked staff to review the one way street in front of the Knights of Coltunbus building to review why it is only one way and determine if it should be changed. 13. CnNSIDERATION OF AN ITEM FR�! TE� JUNE 28, 1988 APP'F,ALS O�NIMISSION MIN�]TES: A. CONSIDERATION OF A VARIANC�, VAR #88-15 ,� INC�2EA.SE 'I'HE HEIC�i'I' OF A FENCE IN A CON�'�RCIAL DISTRICT FROM 8 Fg.'T TO 10 FEE,T; TO RIDUCE THE BUILDING SEIBACK AU7AC:�TTI' TO AN R-1 DI�.PRICT FROM 50 FEE�I' TO 40 FEET: TO RIDUCE TI� BUILDING SEIBACK AA7ACE[�TI' TO AN R-2 DISIRICT FROM 50 FEE�!' TO 10 F�ET, TO ALL�C7W THE C�ONSPRUCTION OF A ST'ORAGE SI-IED/DISTRICT BUFP�R AND INN1P"ROVED SCR�]ING FENC�, ON LO'I' 9, AUDITOR' S SUBDIVISION N0. 94 , THE SAME BEING 5351 CE�TI'RAL AVF�IJIJE N.E. , BY MEN�FtD, INC. : -13- FRIDLEY CITY aXJNCIL N�rII1G OF JULY 11, 1988 Mr. Rnbertson, Ccnnnunity Develognent Director, stated this is a request f or variances by Menard's and an attarcpt to solve a prablan in a reasonable way. He stated in conjtu�ction with these variances, there is also a request for a special use permit for expansion of the outside storage. He st�ted the petitioner is praposing to construct storage buildings instead of a fence along the east property line. He stated this w ill not only enl arge their storage capacity under the cover of the roof, but will pravide a sound absorbing barrier bEtween Menard's and the residen�ial area to reduce the amaunt af sound that escapes the site. Nir. Robertson pointed out on a drawing the types of buildings to be constructed and noted Buildings A are 19 feet high and buildings B and C are 34 feet high. Mr. R�bertson stated a letter was received frcm David Kelso of the Pbllution Control Agency who revic�aed N'.�enard's plans and stated it appears what they are proposing could have same r�oise reduction value. He stated in order to reduce noise yau have to control the souxce, interrupt the path of travel or treat the receiver. He stated b5enard's is proposing to interrupt the path of travel and the most effective way to accomplish this is to place a barrier so the line of sight is broken between the noise and the receiver. Ms. Mary Matthews, 1259 Skywood Lane, stated she would like to know the elevation of the residential hanes and Menard's storage yard. She stated she spoke with Dave Kelso today and he is not a saund engineer. She stated the reason he used the language "noticeable differences" is because he has no way of calculating it because that isn't his expertise. Ms. Matth2ws stated two sound engineers were recczrunended to Menard's for an opinion of their plan and design of their buildings. She stated the question to be answered is haw much sound would be reduced. Ms. Ni�tthews stated one sound engineer qur�ted about $250 for a review and another about $2,500. She f el t if Menard's was spending $250,000 on their project, they could pay these costs. Councilman Billings stated Dave Kelso had submitted two names of sound engir�eers, A1 �rez and Dave Braslow. He stated he spoke with Mr. �rez and he indicated for a fee of $220-$300, he would review the plans of Menard's and make a determination as to how much sound would, in fact, abate or be eliminated, if the City had scane kind of sound figures for his use. Councilman Billings stated Mr. Prochaska spoke with Dave Braslow and he quoted a figure c7f $2,500-$3,000 for a study. Mr. Prochaska ha.d stated Mr. Braslaw also advised that the Pellution Control Agency could do the same review at no charge, but it 2�ad to be at the City's request. He stated he did not see Asr. Kelso's mano �til this evening, but was d,isappointed it wasn't a detailed study of the type which wauld have been submitted by one af the sound engineers. Councilman Billings f elt the study by a sound engineer was important to l�aw whether or not Menard's plans will be effective in reducing the n�oise level. Mr. Kelso, Pollution Control Agency, stated he would like to clear up several itans. He stated the Pollutian Control Agency d.id not indicate they could c7o the same j ab as Mr. Rrez or Dr. Braslc.x�a as he stated they are not -14- FRIDLEY QTY OCl[1NCII, N�.TING OF JULY 11, 19 88 in the business of canpeting with private consultants. He stated he was very cautiaus and did not say how this plan would reduce the decibels. He stated he didn't enter his opinion on Menard's behalf, but by the City's request. ` ' N�. Kelso stated the reason in the discrep�aricies in the consultants' fees is because N�. Perez is assiuning data would be available on various noise sources and Dr. Braslaw is assiuning no data would be available which he wauld have to aollect. Councilman Billings asked if there was any way to determine the amount of 'un�ct rboise. Mr. Kelso stated you can measure impact noise by dropping scmething, measuring it and, by tables, calculate how much is absorbed. He stated if a wall is constructed in back of Menard's, there will still be noise in the residential area, but it will be more subdued. He stated the consultant would prwide a quantitative engineering report that, in their best estimate, would shaw how much reduction in decibels wauld be achieved. He stated im�ct naises are the hardest to anit. Councilman Billings asked Mr. Kelso if, frc�n his experiences, Menard's proposal would have a meaningful effect an reducing naise levels. Mr. Kelso stated he wauld venture to guess it woul d have about a moderate effect. He stated the elevation of the ��ccnes is still fairly high and there are other areas that are open. He stated barriers change the level of tolerance, but it will r�t be quiet for those residential hames. Coimcilman Billing5 felt the residents do not expect it to be quiet, but sane kind of assurances that it will have a n�ticeable effect. Mr. Kelso stated this is just his opinion and he cannot substantiate that without making the calculatians. He stated anything that interprets the �th of travel of the sound decreases decibels. He felt at most it may be a two or three, possibly four, deci.bel reduction. Mr. Kelso stated mass is what reduces noise. He stated anything that is fairly massive in the sheetrock category that is two ar three layers and f illed with insulation would prwide a sound barrier. He stated the more activities that d.isappear behind the barrier, the better as more sound travels up to the residences, if the area is open. Mr. RQbertson stated in regard to the elevations, the level at the hard surface area in Menard's is 930 and at the cul-de-sac on the hill it is 990. Ms. Matthews stated her basanent is at 992. Ms. Matthc�rs stated she wauld probably like to see less spent on appearances and more on measures to reduce the noise level s. She asked how different forklifts may reduce the mise level. Mr. Ke1so stated gas pawered f orklif ts are noisier than electrical or pnetmiatic devices ber�use yau are revving the engine. Mr. Prochaska stated they operate diesel and gas forklif ts. He stated -15- FRIDLEY CITY OOt1NCIL N�ETING OF JULY 11, 1988 electrical farklifts may be quieter, but wouldn't operate in the winter months. At this time, 11:04 p.m., Councilwoman Jorgenson was excused fram the meeting. Dr. Carl Heggestad, 1258 Skywood Lane, stated he hr�ped an expert opinion is abtained regarding the noise. He sta.ted in reducing naise, other items to review may be the hpurs of �eration and use of equignent and laudspeakers. Counciiman Billings stated when he spoke with N�. Perez, he was looking at a revi�a of Menard's plan as opposed to ocming up with a design. He stated I�. Perez quoted a fee aF 545-$55/hour depending on the level of canpetence of the staff person who would have to take same readings. Councilman Billings asked Mr. Kelso if readings weren't available, haw m�iy hours would it take to obtain this infoz�mation. Mr. Kel so stated prabably one to two hours would be sufficient. Councilman Billings asked Mr. Prochaska if he wauld be in favor of a shared cost study. Mr. Prochaska stated he really would not be in favor, but liked the idea of a governmental agency rev ic�,ving the plan, as he f el t thi s woul d be more imgartial than hiring a consultant. Councilman Billings stated he wouZd be in favor of a cost sharing for a review by a sovnd engineer to detem�ine if it is practical to install a wall. Mr. Prochaska stated the operation is not going to change and that is why they are proposing samething that will internipt the noise and a study will not change that fact. NDTION by Councilmar► Billings to table this itan and direct staff to contact the two sound engineers, A1 F�rez and Dr. Braslow, and obtain a reasonable estimate to accanplish whai has been discussed. Seconded by Councilman Fitz�.trick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimausly. 14. RECEIVING THE MIN[JTES OF THE PLAI�ININ3 C70I�IISSION MEETT[�1G OF JiJNE 22, 1988: A. O�NSIDERATION OF A SPECIAL USE PERt�'BT, SP #88-06, TO AI�I,CII EXPANSION OF OUTSIDE SPORAGE ON I,OT 9, AUDITOR'S SUBDIVIS. 'Pf� SI�ME BEING 5351 C.E�TlRAL AVENUE N. E. , BY MENARD, INC. : NDTION by Councilman Billings to table Fitzpatrick. Upon a voice vote, all motion carried unanimously. RECESS: 'I� �N NO. 94 this item. Seconded by Councilman voting aye, Mayor Nee declared the Mayor Nee called a recess at 11:40 p.m. REUONVII�D: -16- ;;� '<:« ;�� , -� FRIDLEY CITY OOIJNCIL NJF�TIl�G OF JULY 11, 1988 Mayor Nee reconvened the meeting at 11:53 p.m. Mayor Nee, Councilman Schneic�er, Councilman Billings and Councilman Fitzpatrick were present. B. OONSIDERATION OF A VACATION, SAV #$8-01, TO VACATE A SIX �I' �- FASII�NI' FOR SPORM SEWER DESCRIBID IN DOC[JMEI�T!' 268274 IN BOOK 659 � , DATID NOVII�ER 3, 1964 , AND TO VACATE A 12 FOC7I' EA..SII�F!' F0R �NSTRUCTION AI�ID MAINPENANC� OF A ST'ORM SBWF12 DESCRIBID IN DCX,VMENI' 280899 IN BOOK 697, PAGE 441, DATID OCI�OBER 20, 1965, AT,T, GFI�RALZY TACATID AT 6499 UNI�TERSITY AVNtiE N.E., BY TI� CITY OF FRIDLEY AI�ID TARGET NOR'1'��RN OPERATIONS C��1�fI'ER: NDTION by Councilman Billings to set the public hearing on this vacation request for July 25, 1988. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to receive the minutes of the Planning Ccnunission meeting of June 22, 1988. Seconded kry Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unan�mously. 15. REC�IVING THE NIINUI�S OF 'I'�]E C�iI�RTER CI�NA'�SSION N�ETING OF APRIL 25, 1988: MUTION by Councilman Schneider to receive the minutes of the Charter Ca�nission meeting of April 25, 1988. Seconded by Councilman Billings. Upon a voice vote, all votir.g aye, Mayor Nee declared the motion carried ur�animously. 16. RESOLUTION NO. 53-1988 ALTl'fiORIZING AGR�TI'S BE'IWEEN THE CITY OF FRIDLEY AND RECIPIErTI'S OF 1988 FEDERAL �MP'�JNITY DEVELOP�I' BLOCK GRANT FTJNDS FOR HCTMAN SERVICES ORC Mr. Hunt, Assistant to the City Manager, stated the Human Resources Carunission has surenitted their recommendations for Community Development Block Grant funds and they are contained in this resolution. He stated last year the County required contracts be signed with the recipients of these fimds and staff wou].d like this dc>ne as soon as possible. He stated this resolution would authorize the Nk�yor and City Manager to enter into these contracts with the ar�ganizations. Ms. Sherek, C�airman of the Htmian Resources C�nission, sta.ted the requests received for this funding far exceeded the funds. She stated one area of concern was the Senior Citizens as the Crnmission recc�tmended. no funding far purposes they requested. She stated, hawever, aver 25� of the f unds expended are directly for Senior Citizens in Fridley. Ms. Sherek stated the Carmission felt strongly in prwiding funding for mental health since the County doesn't have a specific mental health center. CbUncilman Fitzpatrick stated the largest amount of funding was for the Senior Outreach Worker and the amount seems to be about doubled f rom the salary of this person. Ms. Sherek sta.ted about 80$ is for the salary and the other is for benefits, training, and gaperwork. -17- FRIDLEY QTY QOCTNCIL N�'ETIlJG OF JULY 11, 19 88 Co�cilman Fitz�trick stated he raises this question because there are cities who don't malce arry contribution to financing an Outreach Worker, but yet they have such a person. Ms. Sherek stated she was not familiar haw other cities provide funding f or such a person. She stated an Outreach Work,er is a�vailable through Anoka County Social Services, but not for the sole function of the Senior Citizens. Cb�ciliran Fitzpatrick stated he has no prableln with the Outreach Worker, but is bothered by this figure as other cities have them without making a contribution fram Ccirmunity Develognent Block Grant funds. Ms. Sherek stated if the Commission takes ACCAP's budget at face value, about 80� of this funding is for the Outreach Worker's salary. NL7I'ION by Cotmcilman Fitzpatrick to adopt Resolution No. 53-1988. Seconded by CoLmcilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 17. CONSIDERATION OF A RESOLUTION APPROVING THE MI�ID(7I' P'L,ANS, SPECIAL PROVISIONS, AND SPECIFICATIONS FOR Tf� IMPRWEMENI' OF TRUNK HIGHWAY 694 (PHASE III) : NIr. Flora, Public Works Director, stated. this resolution is for Phase III of the Minnesota Department of Transportation's improvement of I-694. He stated this work includes the bridge widening and pavement replacement between East River Raad and Higl�a�vay 65. Councilman Schneider stated he still had concerns regarding the landscaping which was pratnised by MnDOT as part of this project and would like a representative to arne to the Council meeting. NDTION by Councilman Schneider to table this iten. Seconded by Councilman Fitzpatrick. Upon a voice vote, a11 voting aye, Mayor Nee declared the motion carried iu�animously. 18. RESOLUTION N0. 54-1988 APPRWING AN AGT2EEMF'�TI' WiTH MNllOT FOR INSTALL�ATION OF RED BRICK MEDIAN PAUING ON EASTI' RIVER ROAD NEAR THE INI'ERSECTION OF I-694: I�. Flora, Public Works Director, stated staff has been working with the Department of Transportation to incorporate red brick in the new section of median on East River Rraad. He stated this resolution approves the agreenent with the Department of Transportation for the installation c� this brick. M7PION by C;auncilman Fitzpatrick to adapt Resolution No. 54-1988. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motian carried unanimously. 19. RESOLUTION N0. 55-1988 ESTABLISHING A LAWN SPRINI�ING AND IRRIGATION WATER PROGRAM FOR THE DROUGHT OF 1988: Mr. Flora, Public Works Director, stated the City's deep well aquifer lost approxi.mately 40 feet in the last several mc�nths and 13 feet was lost in the shallav w�lls. He stated three of the we21s are getting close to losing � FRIDLEY CITY QxJNCIL NN�ErING OF JiJLY 11, 19 88 water. Mr. Flora stated along with these problans and the deniand on the filtering systen, as well as the publicity for conserving water, staff is reccinnending the Council adopt this reso2ution to establish an odd/even sprinkling program and to prohibit sprinkling or irrigation of lawns fro�n 3 p.m. to 9 p.m. daily. He stated if this resolution is adopted, the news media and Focus wi11 be notif ied. He stated several weeks ago the Ci ty cal l ed f or a voluntary odd/even program. MJTION by Councilman Schneider to adopt Resolution No. 55-1988. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Hill, Acting City Manager, stated persons in violation of the sprinkl ing ban would be given a notice the first time of a violation and if there is a second offense, a citation would be issued. Nir. Flora felt if there is same publicity and people are aware of this ban, they will confonn. He stated the City has taken some steps to conserve water also by shutting down the top fountain at the Civic Center and switching all the park sprinklers to an odd/even program. Councilman Billings stated he received several calls fram constitutents on the water use naw that may affect the water in the future. Mr. Flora stated the water is being analyzed haaever, for the most �rt, the water quality isn't really being affected. 20. CONSIDERATION OF AWARDING THE OON!'RACT FOR STR.EET IMPROVEMENT PROJECT ST. 1988-1 & 2: I�. Flora, Public works Director, stated bids for this impravement proj ect were apened on June 1 and four bids were received. He stated the bids were divided into parts with Part A for impravenents on Rice Creek Road; Part B is for the satellite fire station p�rking lot, HigYiway 65 east service drive and Viron R�oad lighting project; and Part C is for the impravement on 51st Way. Mr. Flora stated the City is still working with FMC and the Department of Navy to abtain apprwal for assessments on the 51st Way imprwement. He stated if the Navy agrees with the project, staff will request the Council award this portion (Part C) at a later meeting. He stated staff would reca�arend Council award Part A and Part B of the bids to the law bidder, C. S. Mc�Yossan Construction, Inc. for a total of $851, 807 .20. Mr. Flora stated the City has received confirniation that the Department of Transportation will apprave the Rice Creek Road project and staff would recc��end Part A be continent cn the Departznent of Transportation' s approval of this proj ect. MyI`ION by Councilman Billings to receive the follawing bids for Street -19- FRIDLEY QTY C70I7NCIL N�TING OF JULY 11, 1988 7mprwanent Project ST. 1988-1 & 2: � : ►�. � ��: C.S. McCYossan Construction Box 1240 7 865 Jef ferson HigYaaay Maple Grc�ve, N?V 55369 Forest Lake Contracting 14777 Lake Drive Forest Lake, NII�T 55025-9461 Hardrives, Inc. 7200 Hanlock Lane N. Maple Grwe, N�1 55369 Alexander Const. Cb.. Inc. 9050 Jefferson Trail Inver Grwe Hgts., N�T 55075 'IC7!'AL BID Part A.$ 780,035.65 Part B. 71,771.55 Part C. 264,493.70 TOrI'AL $1,116,300.90 Part A.$ 819,109.48 Part B. 73,497.00 Part C. 271,142.65 �17I'AL $1,163.749.13 Part A.$ 825,937.90 Part B. 78,506.50 Part C. 268,567.35 �'I'AL $1,173,011.75 Part A. $ 879,734.20 Part B. 78,540.64 Part C. 288,743.50 TO'I'AL $1,247,058.34 Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Dlee declared the motion carried �manimausly. NDTION by Councilman Billings to award the contract to the lav bidder, C.S. McCYossan Construction for Parts A and B in the amount of $851,807.20, contingent on the Minnesota Depart�nent of Transportation's appraval f or the Rice CYeek Road project. Seconded by Council�ran Fitzpatrick. Upon a voice vote, a�l voting aye, Mayor Nee c'lec].ared the motion carried unanimously. � 21. QONSIDERATION OF ACJ�UIRING TAX FORFEIT PROPERTIES NOS. 50 AND 51: NDTION by Councilman Fitzpatrick to authorize the acquiring of t� forfeit praperties Nos. 50 ar� 51. Seconded by Councilman Schneicler. Upon a voice vote, all voting aye, P'�yor Nee declared the motion carried �animausly. 22 . C1�NSIDERATION OF WAIVII� SPECIAL ASSESSMEI�TI'S ON L�OT 27 , BIAQZ 7, HAA'II LTON' S ADDITION TO MECHATTICS'�IILLE: N�. Flora, Public Works Director, stated Anoka County has informed the City that the special assessnents on this tax forfeit parcel exceed the value of the �rcel. He stated the specials are $1,068.98 and the 1 ot has a market value of $400. Mr. Flora stated, in the past, the Council has waived special assessments on similar ta�c forfeit properties to help get them back on the tax rol 1 s. NDTION by Councilman Schneider to apprwe the waiving of special assessments on Lot 27, Block 7, Hamilton's Addition to Mechanicsville. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee �►� FRIDLEY CI'I'Y OC�TNCII� N�rING OF JULY 11, 1988 declared the mr�tion carried tmanimausly. 23 . Q�NSIDERATION OF CHANC'�E ORDER N0. 4 FOR ST . 19 86 - 1& 2 FOR A TEMPORARY PLAZA R� PARKING LOT: � - Mr. Flora, Public Works Director, stated the HRA at their June 9 meeting appraved this $10,000 tanporary �rking lot to provide parking facilities during the Plaza Center ramp construction. He stated it is reconmended the Cotmcil authorize this change order for the tenporary parking lot. NDTION by Councilman Billings to authorize Change Order No. 4 with H& S Asphalt, Inc. for ST. 1986 - 1& 2, phase II be adding $10,000. Seconded by Councilman Fitzpatrick. Upon a voice vote, a11 voting aye, Mayor Nee declared the mption carried unanimausly. 24. CONSIDERATION OF CHANGE ORDER NO. 5 FOR LANDSCAPING, IRRIGATION, AND LIGHTING PROJECT #168: Nfr-. Flora, Public Works Director, stated it is necessary to add 35 sprinkler heads and related lines and wiring to adequately cover irrigation along the residential area on the east side of the Lake Pointe site and along West Moore Lake Drive. He stated a price has been negotiated with the contractor, Minnesota Valley Landscaping, for these changes and staff would reca�m�end Council authorize this change order. NDTION by Councilman Billings to authorize Change Order No. 5 with Minnesota Valley Landscaping, Inc. in the amaunt aF $7,285.20 for additional grading and irrigation heads, subject to Housing & Recicvelognent Authority appraral. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the m�tion carried unani�usly. 25. APL�INIT'�TI': CI'1'Y EMPIAYEE: NDTION by Councilman Schneider to concur with the follawing appointment by the City Manager: IVAME Steven Barg 619 Baxter Street Ct�npl in, NQV 55316 POSITION Code �f orcement Of f icer/ Planning Assistant ( ex�npt ) S`rARTIl� S'Y'A1�TIl� �' RY DATE REPLACES $22,433 per year July 5, Occupies vacant 1988 position of A�ministrative Assistant tgnporarily reallocated f rcm the City Mgr''s. Of f ice Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimausly. -21- _. _ FRIDLEY CITY 00[TNCII, N1EErING OF JULY 11, 19 88 26. C�,,AIMS: M7I'ION by Councilman Schneider to authorize payment of Claims No. 21095 through 21431. Seconded by Councilman Billings. Upon a voice vbte, all voting aye, Mayor Nee declared the motion carried iu�animausly. 27. LIC�TSES: NDTION by Co�cilman Billings to approve the licenses as sukxnitted and as on f ile in the License C'lerk's Office. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanunously. 2 8. ESI'IIKATES : M�TION by Councilman Schneider to approve the estimates as submitted: Herrick & Newman, P.A. 6401 University Avenue N.E. Fridley, NA1 55432 For Services Rendered as City Attorney for the Month of June, 1988 . . . . . . . . . . . . . $ 3,636.00 �nith, Juster, Feikana, Malmon & Haskvitz 6401 University Avenue N.E. Fridley, N�T 55432 For Services Rendered as City Prosecutor for tYie Month of May, 1988 . . . . . . . . . . . . . . $ 8,795.30 Gammon Bros. , Inc. P.O. Bax 83 Rogers, N�1 55374 Springbrook Nature Center Pr�nd Imprwanent Project #173 FINAL ES'I'Il�'I'E . . . . . . . . . . . . . . . . . . . $22, 374 .19 H& S Asphal t, Inc. 700 Industry Blvd Anoka, NdV 553 03 Street Improvement Project ST 1986 - 1& 2 Estimate No. 10 . . . . . . . . . . . . . . . . . . . $ 9,756.12 Minnesota Valley Landscaping, Inc. 9700 Bush Lake Road Minneapolis, N�T 55438 Proj ect No. 168 Estimate No. 12 . . . . . . . . . . . . . . . . . . . $44, 295. 80 E. A. Hickok & Assoc. 545 Indian Nbund -22- FRI1n.F'S' CITY CCxTNCII, N�ETIl�G OF JIJLY 11, 1988 Wayzata, NdV 55391 Project No. 168 May Estimate . . . . . . . . . . . . . . . . . . . . $ 451,25 SEH 222 East Little C�nada Rr�ad St. Paul, N�T 55117 51st & East River R�aad April Estimate . . . . . . . . . . . . . . . . . . . $ 1, 284.33 May Estimate . . . . . . . . . . . . . . . . . . . . $ 188.22 1,472.55 Sunde Land Surveying 9001 Bloanington Freeway Bloanington, NIIV 55420 Lake A�inte Corporate Center June Estimate . . . . . . . . . . . . . . . . . . . $ 507.50 Seconded by Councilnan Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the nwtion carried unanimously. •��.l:ii� MOTION by Councilman Schneider to adjourn the meeting. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the mr�tion carried unanimausly and the Regular Meeting of the Fridley City Council of July 11, 1988 adjourned at 12:28 a.m. Respectfully sul�nitted, Carole Haddad Secretasy to the City Council APPraved: -23- William J. Nee Mayor , - - - . . :�.� � "; h h, � ',. ; � � �� ,�' -� � �:,.,. i <:;�.; i �. _ ° x �. . � � , � : .;:,. . : . ; �- � � � ,.K - " : - �,.., ;: , ,._ , ��"� �' �: G .. � - � , � s� 5 ; : * �� ' � �.- �� :'�',: '� �� `i�" �� (�, '�E ��!�, ��3'�` � .. . � .- f �' '3�3$ :� rC�'�9t QaiD�L C�' _ a_ f� . . . . T'�' � q f �� Y �.3� 1988 >>�� ; � � � �� - . � � �. .� . �. � - � �.� .� {�: � ' �.�� . a <�.� � �; #� . , ., � � � ` � �, . ` � 1 � � ,� . �� . . . . . _ ' �: �, 3 .` s; v' ' � � � � .. ' � ' ' . � ^T'rf, °_ � . . .. .. . . . . . . . :i: .? . . .. . .. � � .�� ^� r . . . . . . � ..� ,. . . .. . . F �� ,. � � . . .. . . _ •',J k ' � . . � . . . . . , . . .�_ � . � 't ;N`.: s. 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'q.� ;: - f . . . ...' . � �;�°�' �'Fk°'$�,i �$ • ,. ,u?iea � NBNUTES OF Tf� II�VCY N�rIlVG OF � FRIDLEY CITY OCxTNCII� OF JULY 13 , 1988 The gnergency Meeting of the Fridley City Council was called to order at 6:13 p.m. by Mayor Nee. ROLL CALL: N��ERS PRESENT: Mayor Nee, Councilman Billings, Councilman Schneider and Councilwatian Jorgenson N�ERS ABSF�N'I': Councilman Fitzpatrick Mayor Nee stated that this meeting is to deal with 1) the shortage of water in Moore Lake; and 2) higl�vay questions. OLD BUSINESS• 1. DISCUSSION OF TF� NDORE LAKE WATER LEVEL: Mr. Flora, Public Works Director, oper�ed by discussing options for ranedying the Moore Lake water level problem. The first four aptions were discarded: 1) developing a new well to au�nent tr�e lake; 2) diverting municipal water into the lake; 3) pumping water from the west basin into the east basin; and 4) folding back the Dartek material. Mr. Flora stated that the DNR will not issue a pennit for the pumping actions. He also stated that munici�l water has a large amount of phosphorus which accelerates algae graath. If the City pLanps City water into Moore Lake, there may not be enough water to meet the daily d�ariands. Councilman Schneider stated that last year, 5 million gallons plus rain raised the water level 3 inches. D�r. Flora stated that because of evaporation, it takes about one million gallons a day to keep the Moore Lake water level abave the Diartek material. Councilman Billings asked if the city ptanped water into Moore Lake, how long would the phosphorus stay in t11e water. He also asked what is the effect of phosphorus. Loren Laxson, E.A. Hickok & Associates, stated that the phosphorus stay s in the water and the sediment, which is then available for the algae to bl oam. This may cause odor problens and unsightliness. The algae will take up the phosphorus, die and then cause an odor. Mr. Larson also stated that the dead algae will stay within the soil resulting in release of more phosphorus. Councilwanan Jorgenson asked if the filtration plant is pumping in as much phosphorus as last year or is same being f iltered out. Mr. Flora stated that the f ilters are designed for manganese and iron. -1- FR.IDI�y CITY O�[7NCII, II�RC�ICY N�TING OF JULY 13. 1988 ' � �i Councilman Schneider asked haw mouch storm water can the BASFU filtration ' systan f il ter. � Mr. Larson stated he will need to check that aut. He also stated zhat 1/6 of the v�ater in the lake is fran the storm water in the SAS�J. Cbuncilman Schneider stated. that the City's water seans higher in phosphorus content than other cities. Co�cilman Schneider asked Mr. Flora if they could control wells as to what goes into the Lake. Mr. Flora stated that they cannot segregate the wells that pump in to the lake. Councilman Schneider asked if we could take wells off-line according to time. Mr. Flora responcled yes. N�. Flora stated that the Depar�nent of Health checks the water every year and the City does spot checks every three months. He also stated that because of the current needs of the citizens and businesses, it is isrq�ractical to increase the autput on the filtration plant. Councilman Schneider stated that it seems that if people will obey the sprinkling bans, we can get Moore Lake up to level, but wanted to knaw haw , to get that level all at once. ' Mr. Flora explained the aptions on the overhead. The f irst option was to ' averlay Dartek. The second option was to renave the bad areas of Dartek and j replace than. The third option was to caver the Dartek with sand to hold I down the bubbled material. The fourth option was to cover with rock. The fifth option was to sprinkle the surf ace with water fran the lake itself ; through ptunps. The sixth option was to wet the surface of the Diartek. The � seventh option was divided into two garts. Option 7a was to remwe soil by ' dredging to make the lake deeper and imprave the east basin. Option 7b was to laver the lake by 1 to 1 1/2 feet and replace the Dartek. Mr. Flora further explained a few canbinations of aptions and then continued with option 8 which was to do nothing and option 9 Hras to wait. Cbuncilman Schneider stated.that the lake is dropping an inch a day. The question is what to do now, short-term. Mr. Flora stated that 5/8 of the lake was cavered with the Dartek material and was ooncentrated in three areas. Mayor Nee asked what the loss would be if people were kept f ram walking on the shoreline where the Daxtek material is. Mr. Flora stated it would be a min�mian loss but the shoreline was continuing to deteriorate. Councilwrn�n Jorgenson asked about the warranty on the Dartek product. Mr, Flora stated he wasn't sure about the warranty but he thought it was -2- FRIDLEY QTY Q7tJNCIL II�RGII�TCY NlEETIlVG OF JTJLY 13, 1988 supposed to last 7-10 years. They still had the performance bond with the contractor. He further stated that the Uartek material was designed to stay under water. A resident felt that the Dartek wasn't worth the effort. The'City is supposed to be restoring Moore Lake, not experimenting. The resident asked why c�esn't the City deepen the lake and let it take care of itself. Another resident asked if the City considered tising sar�ags. Mr. Flora stated that the Dartek covers about 12 acres and considerable effort would need to be expended to caver half the lake with san�ags. The same resic7�ent stated that the ca�ity should be glad to do that. Councilman Schneider stated that the meeting is to decide what to do naw about Moore Lake and have the Catmunity infonned of the City's actians. Mayor Nee stated that the City Council needs to choose an option that would consider the future af Moore Lake as well as solving the present prc�blen. Councilman Schneider agreed with Mayor Nee and stated that the City doesn't Jffiaa factually if the Dartek will help the restoration of Nloore Lake. Mr. Flora stated that Dsayor Nee brought up an option that was not considered: The City coul d fence the area to prevent people fran walking on the exposed Dartek. Councilwoman Jorgenson stated that if the City sprinkles or wets the surface, they will still_ need to fence off the area. Councilman Schneider suggested that the City should do this along with a publicity cam�ign so thc ix�aple will ]maa about it. Mr. James Hill, Acting City Manager, stated that the City should use a soaking systan because that would reduce the evaporation at a minimum cost to everyone involved. He further stated that the City should develop plans to guarantee a stable water level for the future. A resident asked if dredging was an option when the restoration project started. Mr. Flora stated that the dredging option was eliminated because the renwed material would have to be hauled to an appraved disposal site. He further stated that Dartek was experimental in this ernrironment. He also stated that the water qual ity has impro�ved on the east side since the proj ect started. Co�cilman Schneider stated that the efforts also imprwed the west ba sin. Concentration af restoration activities on the east basin wo� d flcxa into the west through the culvert and eventually waould improve the west basin. N�. Larson stated that all the data collected f rosn the project is on the -3- FRIDLEY CITY OCJ[JNCII, II�1CY N�TING OF JULY 13 , 19 88 USEPA database and available to anyone. He also stated that there was a problen monitoring the west basin because it is shallow. Mr. Larson also stated that the Iaartek plastic material is 2 millimeters thick and made special for lake bottams. On the east coast where this has been ap�lied, it has been successful D�artek cannot handle being dzy. NDTION by Councilrr�an Schneider to authorize the City staf f and E. A. Hickok Associates to desiqn and construct a sprinkling/wetting system to minimize damage to Uartek including fencing around the area for expenditures up to $21,000.00. Seconded by Councilwo�nan Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried iu�animously. Mayor Nee stated to saJ.vage the presently damaged Dartek. He also stated that the culvert would stay apen now and that it was a mi.stake to close it. Councilman Billings asked the City staff to investigate the appropriated monies for dredging that the resiclents claimed was received years ago for dredging fran the construction of Highway 65 and the tornado debris. Councilman Scl�u�eider stated he would like a report on the history of Moore Lake regardinq the depths c� the lake. Mayor Nee stated that the staff could provide the neighborhood with an original report on the restoration of rbore Lake. Years ago the DNR thought crur restoration was hopeless and would not financially help on the dredging of the lake. The Minnesota Pollution Control Agency was willing to gartici�te with the federal government in praviding 75� of the money and 25% local funding in accordance with the C'lear Lake Grant proposals. The foundation report shawed that if the City didn't do samething, the lake would fill in. The City Council at that time wanted to dr� sanething to keep this a lake. Mayor Nee also stated that staff should contact Mr. Brown, for�ner Parks & Recreation Department Head regarding the history of Moore Lake. Councilman Schneider stated that the City should set up another public meeting in the fall to discuss the proqress of Moore Lake. Ms. Savelkoul asked why retaining walls weren't used on the east side like on the west side. Councilman Schneider stated that the City will get the data on Moore Lake together for the Moore Lake residents. 2. �NSIDERATION OF A RESOLUI'ION APPROVIl� THE DqVD(XC PL1�NS, SPECIAL PROVISIONS, AND SPECIFICATIONS FOR THE IMPRUVII�NT OF TRUNK HIGHWAY 694 (PHASE III) Mr. Flora introduced Mr. Joel Katz, MnDOT District 5, to answer any questions fram the City Council regarding the I-694 project. Councilman Schneider asked Mr. Katz how familiar he was with other Fridley/I�TXn' projects. Mr. Flora stated the City has two projects in which th.ere are problems with -4- FRII7I,EY CITY UC7[7NCII, II�RGII�ICY ME�,�'Il�G OF JULY 13, 1988 NkilX7I': The Rice CYeek Road project and the internally illuminated street na[ne signs with Street Tmpr�varient project St. 1988 - 1& 2. Counciln�an Schneider asked why there are prc�blans. The main problan is that it seans that b4nDOT holds up apprwal and they oppose the City of� Fridley projects. What the City wants and needs is better cooperation and ca�r¢nunication with �!'. Mr. Flora stated that the present project SI'. 1988 - 1& 2 has been revised by taking out the interior illtaninated street name signs, yet leaving the conduits and wire in for the future while the City continues discussion with Mr�I)OT. Councilman Schneider asked Mr. Katz what the problgn was with the interior illtuninated street name sians. i�. Katz explained that rnDOT investigated the use in other states and discussed the use with manufacturers. The central of f ice didn' t 1 ike the information received. In California, the signs were being remaved and replaced with standard metal signs. In Calif ornia, the signs had wind danr�ge, they were vanc7alized, and it took a lot aF t�me for any repairs to be done and �rts to be delivered. He also stated that D�DOT has considered the loss of pawer and what would happen. Mr. Katz stated that in cold weather there is reduced output and that interior illuminated street name signs would have flourescent tubes that would burn out and became almost invisible. Councilman Schneider stated that the City would be maintaining these. Mr. F'lora stated that these itens have been discussed before with MnDOT. Calif ornia had their own specifications and the manufacturer produced according to those. Other states used the manuf acturers' specif ications. He further stated that D�nDOT is working with 3M to reflectarize the interior i1lLUninated street name sic�ns. MnDCyI' is experimenting with an I-94 dawntaan St. Paul approach with outside fiber optics. Mr. Katz stated that AZr. Flora has done considerable research and has provided information for all their concerns but the department stil l feel s it is not in a position to authorize on the trunk higYbvay systsn. The City may want to experiment on their awn highway system and MnDOT would then review the results. Councilwanan Jorgenson stated. that because of accidents due to construction on I-694 the City asked MnDO'I' for a speed zone sign but N�LXYr didn' t feel a need for one to be posted. MnDOT's I-694 project had a speed zone sign a little way daan the road. Councilwar�an Jorgenson asked if it was possib2e to imprwe ccn4nunication and work with Nk�DOT on these prablans. Councilman Billings was concerned about the sound barrier and trees planted on the I-6�4 groject and wanted to ]maw how the progress was. Councilman Billings pointed out that i►��DC7I` seens to expect the City to see their point of view but not MnD02' to see the City's. He also brought up the fact of speeders throughout the community of Fridley on Highways 65 and 47. He -5- FRIDLE,y CITY Q7UNCII, II�NCY MEErING OF JiJLY 13 , 19 88 wondered why no one vras oontrol l ing the traf f ic speeds . Mr. Katz stated that it is the City's responsibility to enforce the speed limits. , Cb�cilman Schneider mentioned there is a new camera made in Europe that photographs speeders. N�. Hill stated that though it is a good concept, in this state arrests cannot be made withaut a witness. Mr. Hill stated that he has two people researching this idea, N�. Hill stated that because af the detour starting on Nbnday, July 18 at I- 694, and with East River Raad being closed by the County, it is surprising that the state patrol would say there will be only very severe traffic delays when MnDO'r will be detouring 80,000 people through Fridley. He al so stated that there isn't enouah roan to even place traffic control officers. I�. Hill is concerned about the fire and anergency vehicles getting tizrough. Mr. Katz stated that this is similar to their I-394 construction project. He stated that mariy alternative route prablens did not develop but the City of Fridley is different. He stressed that this I-694 project will only last two weeks. He stated that they are maintaining one lane on the f reeway throughout the construction but people will still have to take the designated detours. He alsa stated that people who are familar with this area will take different routes altogether and therefore avoid the problem but this idea is not always successful. Mayor Nee stated that he would like to speak with Commissioner Levine regarding the interior illuminated street name signs. Mr. Flora stated that if the Council appraves this resolution with the subject of interior illwminated street name signs still up for discussion with MnIXYI', that the City can start construction. He al so stated that the City cannot just go ahead and put in the n�.ew street name signs because they would be put on D�nDO'i' property with MSAS funds. Mayor Nee stated we should go ahead with the ba.sic plan. Mayor Nee then asked about noise control. N�. Jim Tishler, Forester at MnDOT District 5, stated that in the I-69411nnsbruck area the project is 99� canpleted. He also stated that this is an target with the rest of the plan. MnDOT decided that with the present drought, they were not going to add another layer of trees at this t�me. Mr. Flora stated that D'1nDdr has a review flaachart regarding state, county, and city projects, priority in that order. He stated that there is a 6 m�nth time frame for cooperative agreanents. Councilmzn Schneider asked if this was the same with other canirninities. Mr. Flora responded in the affirmative. Q:fl FRID�I�:Y CITY Q('J[TNCII, EI�IIJCY ME'�TING OF Ji3LY 13 , 19 88 Mayor Nee complimented District 5 on the landscaping. Cbuncilman Billings stated that it is hard to notice the 20 foot trees in the gulley while driving by. He wonclered haw many trees were maved in. Mr. Tishler stated that there were more than noticable. douncilwanan Jorgenson asked if there was any noise reduction because of what has been done with the landscaping. Mr. Jim Han.sen, Noise Analyst frcm N1nD0'r District 5, stated that they will have to wait until after the project is canpleted to test the results. Th�y are still deciding on the surface treatment af the r�oad surface, whether it will be astrograss ar another material. Cbuncilmar► Billings stated he was concerned with enforcing the speed limits on Fridley higYaNays. Co�cilman Schneider stated that he would 1 ike the State Conunissioner to talk to the City Cbuncil. Mayor Nee stated the City Cbuncil should go to see the State Da�anissi�r. Mr. Katz stated that �ranissioner Levine, N�DCYr, would be glad to talk with the �uzcil. Mr. Hill stated that he spoke with our city attorney and knaws that the resolution was legally all right as it is. O��cilwanan Jorgenson asked if this will be contingent upon th�e Rice Creek Road proj ect. Mr. Flora stated N�DOT has fears on the interior illim►inated street name signs issue and that the City should go through the process of identifying and satisfying those f�rs. If interior illuninated street name signs work, others co�munities will want them. The City accepts responsibility of maintenance, but N��DCYr fears that other ca�aminities won't do the same. NDTION by (bur�cilman Schneider to apprwe Resolution #56-1988 on Item 2 in the agenda with the follawing stipul ations : 1) That the City receives an appraved authorization o� the Rice CYeek Road project with the understanding that interior illuminated street name signs are still an item for discussion; 2) 'I'hat a meeting with C�unissioner Levine be arranged within the next 30 days; arid 3) That the City canrend District 5 on their ef forts. Seconded by Councilwanan Jorgenson. Upon a voice vote, all voting aye, Mayor Nee c3eclared the motion carried iuzanurr�usly. Q�imcilwanan Jorgenson asked if the City could send a letter to the cities af Minneapolis and St. Paul regarding water conservation. She feels that those cities dc� not cb enaugh. Oouncilman Billings felt it would not be worth the effort and would only have a negative effect. -7- FRIDLEY CI'I'Y QOtJNCIL II�tGIIVCY N�Z'ING OF JULY 13, 1988 �� • ��i� NIOTION by Councilman Schneider to adjourn the meeting. Seconded by Councilwc�nan Jorgenson. upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimousZy and the emergency meeting of the Fridley City Cbuncil of July 13, 1988, adjourned at 8:58 p.m. Respectfuly sub�n.itted, Gina Whitehead William J. Nee Acting Secretary to the City Co�mcil Mayor •.. . -. � 1 � P[3BLIC HFARING BEFpRE � CITY t�J[JNC�, Notice is hereby given that there will be a Public Hearing of the City Council of the City of Fridley at the 0.'�IJNITY m[JC�Tm[d C�1TFR, 6085 - 7TH SI'REET N.E. on Nbr�day, July 25, 1988 at 7:30 p.m. far the purpose of : Consideration of a Vacation, SAV #88- 01, by the Ci ty of FYidley ar�d Target Narthern Operations Center, to vacate a six foot easenent far stoxm sewer descri.bed in Doctanent 26874 in Book 569, dated November 3, 1964, ar�d to vacate a 12 foot easgnent far� �onstruction arid maintenance of a stozm sewer described in Document 280899 in Book 697, Page 441, dated Octaber 20, 1965, all generally located at 6499 University Avenue N.E. Ariy and all persons desiring to be heard st�all be given an apportunity at the a}�ave stated time ar�d place. WILLIAM J. 1�E MAYOR Publish: Ju1y 13, 1988 Ju1y 20, 1988 Any questions related to this iteqn may be referred to the Fridley Coanmunity Develognent Departrnent, 571-3450. v PLAI�INITIG 0�3�.SSIAN MEF.TIT]G. JiII� 22, 1988 3. 4'�LSIDERATION OF A VAC'ATION, SAV #88-01, BY THE CITY OF FRIDLEY AND TARGET I3�R'PE�FtN OPF�TIOKS �ER: Z+o vacate a six foot easanent fo� st�n sewer described in Docianent 268274 in Book 659, Page 569, dated Nwar�r 3, 1964, and to vacate a� l� foot eas�enent far cnnstruction an�d maintenance of a storm sewer described in Docunent 280899 in Bo�k 697, Page 441, dated October 20, 1965, all ger�erally located at 6499 University Avern�e N.E. 4. 5. 6. 7. Mr. Rabinson stated the location o� the vacation of these easements was in the southeast oorner of Mississippi St. and University Ave. These were abarr�loned storm sewer lir,es tt�at have been renwed with the oonstruction of Target building in 1984. For sane reason, the vacation was mt processed at that time so this is ac�ministrative cleanup. MO�I�ION by Mr. Koruirick, seconded by Mr. Dahlberg, to reco�unerld to City Cbuncil approval af Vacatio�n, SAV #88-01, by the City of Fridle� and Target Northern Operatica�s t�enter. U1�N A VOIC� VOTE, ALL VOTING AYE, QiAIRPER.SC�i BEIZCY,D DECLARED THE MOTION C�RRIED UNANIl�DIJSL,Y. 2. 1988 MO►TIQN by N1�. Kor,drick, seconded by Mr. Dahlberg, to 1988, Parks & Recxeation G1�mission minutes. , UPDN A VOIC� VO►I'E. ALL VOTIl� AYE, Qi�F'ERSCN C�RRIED UD]F1rTIlKXJS[,Y. MOTION by Ms. SY�erek, sewrr]ed by Mr. H�nan Resources 4�missioa� mir�utes. .ve the May 2 , DEQ�ARED THE NlOTION . ick, to receive the M�y 5, 1988, tJR�N A VOIC� VOTE, ALL VO►rIl� CE�AIRPERSCI�1 B�,'I'LCLD DECLARED THE NDTION C�,RR� UNANIlKnJSLY. RECEIVE Zi� 1�,Y 12, 1988. USIlVG & RIDEVF��OPN�Tr ALTI'f�ORITY NIII�tU'PFS: Z Ni7I'I�I by Mr. Saba, se r�ded by Ms. Sherek, to receive the May 12, 1988, Housing & Redevel t Authc�rity mi�tes. UPCH�i A VOIC� C�R,R� UNAN T.� i -_x ALL VOTIl� AYE, Q�AIRPIIZ.SC�1 BEIZ�D DEQ,ARED THE NIDTION . � RESOUR � MnION Ms. Sherek, sea�rrled by Mr. Barna, to receive the May 19, 1988, S�ec' Hunan Resouroes C1�mission meeting mi�tes. A VOIC� VOri'E, ALL VOTIl� AYE, Q3AIRPII2.9CN BEZZCGD DEQ�ARID THE NY)TION -l� 1A 0 SAV 4�88-01 1 � Target N.O.C. LOCATION MAP SA� �88-0 � 1 C Target N.O.C. � � � i� T r r r� t L. �= C. � ` �_ � : �= K . 1t%r �h 1�� or �he �'!�/ %a o�' �'QG�ion 14. _ - -, W `�' r�i�i, �, f i`, i r P � t T�(^ ��; � _ . . 390 00 •�- `"" EAS 1 • W w —�r— 359. 37 .� . oo•os •� � � N �1�1, �'Sl SS1 �� 1 ; , Q N Eostmenf • "' �'• �/r. .. v�L��y --- a— � • i6? 9s -�• •�� a c� -- r . . � , 457.89 ' � 97.72 EAS� 8'9- 28 E4ST � ( , • � � - - - --- - 37 7 . c o — -- - -� - . -� `t2�8Z7� Go.O�D i . Z �+-� . r � 2 , "'"'p Y C 1 � �A:.i,VJ OA f; "� �i I � OZ 6 � . ' j • � ' : - - - i �- � ' -�— r co. oo _ " . , - _ _ . _ - j I � � � � � iz'EsM�: �z�sP ' 99 o`" n� EAyT C' �`'�� Lt� � � / `�� . �� EAS7 � , � � � � 3�.91 - - -- - -� _ . �F�� 'f I ' �_ � . • �� . � ^ � ; � c: j'Tio� ;p ti ` � j � .. � j � I p o �a� � '' L-� �� C I o � ; - �.. ,.� � � � o I , C' ) � � ��- � o � , � . . � - � - - - - - - . ' �- - _Z _ � + . .� � � � � ' � �. � �'� � I . o � I -y 0o O n c� A � �°c I � N � �� ,`�' t`'�' 3 j �= I �� i � 30.0� J57.00 1� � � i ' 1 \�� J � ' , � - - - .� - • , ,,, __ EAST lB704(�; 'y� � -I , .,96 . � • ��r �� : J � � v, ' � I I � � — p 9.�'� - - - - - - - - —; �- ;_ - - - — -- - -a --i o�+(�� , � .� ��sr l88.82 � � 1'• �y� � S� �_ y ``. � �' v� , � �7o.PO . J I �.�� - � � � � V ti0 �� r g s�.0�0 �' C� ��°c,{�, '_.' y` w _ . _ _ �r /'VE ST ?9 �� - - - - - - - -- - -- � ' J -� �,� ' a �vA9•o7's9 "w 6.� 79 s�' �Q . B9. �9 � � � � �, �` 7Q.o9 .��b•E �yEST �_ r JS? - v��y ' ay� �� SO ' , �v /G�� R%� y , i5.00 � ��' � ' �/04i in •.ic+... i�� .,. � � �fi `.1 WE ST S ITE PLA N APPE�LS �II.SSI�1 MEE.TIl�1G. JiA� 28, 1988 2 Mr. Barn� advised Mr. Beall that ' a�s are open if he decided to build ar�d should he r�ee nce, the Co�¢nission would be favorable within BY ME[�RDS IlJC.: 2. �21SIDERATION OF A VARIANCE RDQZJF�'I'. VARIAN� #88-15, ,_ Pursuant to Sectio� 205.04.06.A, (6) of the Fridley City Gbde to ir�crease the height af a fer�ce in a c�n�rcial district from 8 feet to 10 feet; pursuant to Sectian 205.15.3.C, (4), of the FYidley City C1od�e to reduce the building setback adjacent to an R-1 District fram 50 feet to 40 feet; ar�cl pursuant t� Secti� 205.15.3.C, (4) , of the Fridley City Code to reduce the building setback adj acent to an R-2 Di strict f rom 5 0 f ee t to 10 f ee t, to al l ow the constzvcti o� of a storag+e shed/di strict buf f er ar�d i�rwed screening f er,ce, o� Lot 9, Auditor's Subdivisio� I�b. 94, the same being 5351 Central Avenue N. E. , FYidley, NN 55432 (Nlenard' s Ir�c. ) MOTIQrT by Dr. Vos, secor�ded by Ms. Savage, to apen the public hearing. UPC7N A VOICE VOTE, ALL VOTIl� AYE, QiAIRPERSON BARNA DEQ.P,RED THE PUBLIC i�ARIlVG OPIId AT 8: 01 P. M. Ct�airperson Barrsa read the Administrative Staff Report: :. �u�� y�; : �� _ � ; ��:�w 5351 CQTIlZP,L AVII�[TE N. E. VARIANC£ #88-15 : l�. : 1� ��M �IJIi1%'J�� ; J�i�v �'�/� Secti� 205.04.06.A, i6), requires a fer�ce hei�t bordering side ar�d rear lot lines in a oo�miercial district to be mt mr�re tl�an eight (8) feet. Public purpose seYVed by this requiranent is to prevent excessively tall fences in o�der to maintain the attractability of a oa�nercial zone. Secti� 205.15.3.C, (4), requires that peYmitted buildir�gs ar�d uses shall mt be closer to the boiuxlary lir�e of any residential district than 50 feet. Public purpose sezved by this requirenent is to pro�vide adequate o�pen space around coa�anercial structures for plantings, buffers, and screening. B. Sl�TF� HARDb�IIP: '�nle are trying to solve the problem that exists with sound leaving 81�. � �:. AL��IlQ?�I'RAZ'ZVE S�A��' R�'�%IH�11: Please review the mirnites o� the Appeals Ccamissio� meetiryg of Agril 28, 79 88. -5- APP�I,,S �II•SSIUN ME��II�1G. JLA� 2 8. 19 88 . The staff ar�d Menard's have been war�kir�g on how may be the best way to try.to control same of the sound that travels into the residential district to the east. The most recent ar�d present praposal is to construct storage buildings alang their east lirie to do a coanbination of enlarging their storage capacity, store mar�e af the materials iu�der the oover of roof s, retain the severe slope ar�d help oontrol mise frrm traveli.ng up th�e hill. The building wi11 be placed 10 feet from the rear pzoperty lir�e which is 40 feet fran the zoning lir�e between R-1 resic3ential ar�d oannercial and at the rnrthern most point 10 feet frcm the R-2 apartment lots next to I-694. In the areas where r�ew fencing is being installed the fer�ce is proposed to be 10 feet hi�. Menar�3's have also petitioned for a special use peYmit for the existing outside starage which was heard by the Planning C7ar¢nission on June 22, 1988. Or�e of the topics o� their discussion was the hours of q�eration. If the Board reoatunends apprwal of these two requests, it shall be contingent upon the approval of the special use permit and reoa��endation that Menard's work with the administration on times of operatio¢i. Mr. Barna asked f o� a motian to accept the ma�ar�dLan da t ed June 2 8, 19 8 8, from Councilman Steve Billings, Ward I, stating his opinions on hours of q�eratio�. Ms. Savage stated that she saw Councilman Billings earlier and the reason he oould rnt be at the meeting toni�t was because he had another meeting he had to atter,d. M7TIQN by Ms. Savage, seconded by Mr. Kuechle to receive the memorandiun dated Jur�e 28, 1988, fram Counci].m-ui Billings as part of the minutes. UPCH�T A VOICE VOTE, AI.L VOTIl� AYE, QiAIRPERSON BARNA DE(3,� Ti� M�TIO�i C�RRII�D UI�I�TIl�ZXTSLY. Mr. Qark danoQ�strated the zoning map to locate the Menards property and describe the zo�u.ng lines. At the time this was platted ar�d developed, N�. M�rten.son aaned all the pzr�periY. At so�ne time in the gast, the plat of Beverly Hills established an outlot 30-feet parallel to the Menards oa�erci.al pz�ezty. At the time when the zoning lines were established, the autlot fell oaz the platted line of the east boundary of the outlot. Wt�en they developeri tt�e single family c�aelling area, the outlot eventually went tax f c�f ei t. It was then pn�rch�sed by Mrs. Matthews arid renai�d zo�ed N3. �ve zo�i�g line j ogs where the R-2 and R-1 meet. The garages, or storage buildings, that N�rrc9ss want to build are located 10 feet into their -6- 2A : APPEALS �SSIOd�T MEE,TIl�. JUI� 28, 1988 praperty o� 40 feet froen the zoning lines past the outlot. Because the z�ing lir�e jogs there is a different setback fran the R-2 (10 feet) . Mr. Qark denonstrated arnther drawing s�wwirx,� the vutlot in question. Ms. Mary Matthews, 1259 Sky��ood Lat�e, asked to talk about the out]�ot. She stated when Spartan bought the lar�d, it was designated as a planting buffer ar�d in an agreenent, the Matthews had with Spartan put in a planting buffer. T��ey bought trees and put in a sprinkling system in the planting buffer af ter Merrzn9s mwed in in 1972. �tne Matthavs bought th,e outlot and thought it was zor�ed i�l ar�d riow they are caught up in a technicality about having it rezor�ed residential. Mr. Clark stated that it oould be used as a planting buffer without rezoning fram ccmnercial to residential. Ms. Matthews points aut that if she had rezar�ed it to residential, how mariy f eet would Menarc3s have to be. Mr. Qark stated that it is required that ariy building on a c�¢nercial praperty be 50 feet fmn a resiclential district. The variance here is to reduce that by 10 feet dawn to 40 feet fran the zoning line because the vutlot is 30 feet wide. Tt�e r�.w buildings wauld be 10 feet frcm the Menards property li�. Mr. C1ark demonstrated where Menards is located on the detail map. He stated that the rear af the praperty is being used fo� storage arbd picking up l�m�t�er arri material. He irrlicated the buildings Menards wants to put on the praperty, are 10 feet frnm the praperty lir�e ar�d 40 feet fran the zonir�g li�. ZY,e fer�ce that is talked about in the hearing notice is froan the south wall af the r�ew building to the south property line. He wasn't sure if M�riards was replacing the fences and renewing the materials or not. There are two different types of structures. Menazds brought a posterboard danonstrating the layout of the Menards arnnercial lot. Mr. Clark stated that the r�ew structure is hi�er tt�ari the existir�g fe.nce ar�d will raise the site lir�es. Ms. Matthews asked if the scale on the Menarc7s drawir�g had been verif ied by the city. Mr. Qark said that he wasn't aware if is was. Mr. Qark stated that Mr. Jim Robinson was at the Planni.ng C7c�missioaz meeting and we could call him arrl nti�}ce certairi. Ms. Matthews asked fo� it to be verified ar�d Mr. C1ark said he'd see to it. I�. C:Lark passed arour�d an aeri.al ph�to � Mer,azds. Dr. Vos asked if the �istir�g fer�e was metal. N�. Marv Proctsaska, Menards, said that o�iginally there was a metal fence with the different heights oatung from the south. � -7- 2C p,�pEALS ap�R�IISSI�T MEETIl�IG. JLTI� 28, 1988 Dr. Vos asked where exactly was tr�at ferice. I�. Qark stated that it is shown � the plat ar�d a�ar�ders araurid. Dr. Vos stated the fe�ce loaked like it went f�ther west while going� rn�rth. He also stated that the fes�ce w�uld be what's shavn as the hill li�. Mr. Prochaska danonstrated the lir�e between Menax�3s anl the planting buffer. He danonstrated that the r�ew structures will be further to the east than the fer�ce is mw ar�d will parallel with the lot lir�e. Dr. Vos s�rized the two variance requests. One is the setback of the structures to the zoning line and the height of the fence, placing it further east but laaer. Mr. Proci��aska denonstrated the areas where Menards will increase outside storage arri the owered storage area, actually reduciryg outside storage by 4500 feet. Ms. Savage raised the question that in o�der to have a variaryce there r�eeds to be a hardship ar�d she doesn't iaxierst.ar�d Menards' hardship - it is the neigtibor's hardship. She asked what the hardship is. Mr. Qark stated that what he thinks Menards is tiying to d� is get soane of the outside starage ur�d�r oover ar�d haping that this structure will reduce sane of the sour�d f ram the parking surf ace that i s transmi t t ed up i nto the residential district. Referring to Councilman Billings' meno saying tl'�at he t�ed that Menarr7s would get sane professional apinio¢� of sourrl transnissioaz to verify if this would make things better arrl have it ready for Gbur�il. Mr. Barna stated that he didn't think a sourid expert would be able to tell that. Ms. Savage stated she thwght that the o�igirjal reason far this variarrre was because Mes�ard.s r�eeded more storage space. i�-. Prochaslca stated that �igir�al.ly Merrzrds started out to oonstruct a new fence with open storage bins. Ms. Savage clarified fram a previaus meeting that Menards had asked for a variar�ce � the hei�t af the fes,ce. Ms. Savage asked what the reason is far the r�w fence. I�. Prorl��aska stated that the present fer�ce is dilapitated. Menards wants to aamUine blockir�g sare of the �our�d with raising the hei�t o� tl�e f e.nce. Ms. Savage asked wtiy charx,�e trie request to be asking for stoacage space. Mr. Proc-1�asasa stated because what was cbne bef o�e wasn' t g�irx3 to acoaY�pl ish ariything as far as the sound issue and wasn't helping the neighbors. Menards talked with the staff ar�d �ighbors to try to oame up with e�thir�g that would help block th�e mise ar�d be ber�ef icial to Menazds. -8- 2D xP�s aor�.ssz� r�ern�, � 2s� �ss Mr. Carl Heggestad, 1258 Skywood Lane, asked that if Menards receives variar�ce wi11 there be mo�e f c¢�kl if t hours. Mr. Prochaska replied m, theY wi11 be mwing the same thir�gs. �e Planning Caimissi� had reduced Menaras' time by half an ha�ir per day. Mr. Heggestad asked 2�. Prochaslsa if he had any lQ�owledge if th�e wall abave grourx3 level wrnild reduoe the sour�d. Mr. Prochaska stated that it would. He spoke to saneone at Minnesota Fbllutioa� Glontrol ar�d saneor�e at Mizu�esota DOT who is responsible for the sourr3 barriers on the hig��aay, arr3 the information Mr. Prochaska received fran them is that the sound engir�eering is like most other engineering practices, but if a person can interrupt the site line, it could then interrupt the sour�d lir�e because they travel in straight lir�es. Ms. I�tth�vs stated that she also had talked to the same person at Mirmesota DOT about an c�pinio� anl she reoo��er�ds that the City � Menards stwuld hire a sour,d e�ert to give an opinion on haw much sound will be cut by the structures. Mr. Heggestad suggested that the sow�d expert report directly to the City ar�d decide the sourxi issue that has been going on for twelve years. Mr. Heggestad brought up what Ms. Savage had pointed out that Menards did rnt have a��h�p. 1�. Hegg�estad sees bwo isswes. One is what gerierates the sound. He aontir�ued to list various sources of sound. Mr. Heggestad also stated. that light is a problem. He feels that Menards should reconstruct their lights so that they dQ mt shir�e up into the residential neigiib�orh�od at ni�t. 'I%e second issue is that the residents know that Mersards caru�ot get by with zeiro r�ise but sir�ce tt�.y are g�irig to construct buldirigs, then hire an authority to give an opinion to the City about the sour,d issue. Mr. Barria stated that these stn�ctures will do mo�e for the sound than the fence that is there presently. I�. Heggestad proposed usiryg sour�d absorbing materi.al. Mr. Barna stated that what t� Catmission needs to look at is that Menards wants to build closer to the residential lots than is allowed by code. Mr. Barna feels that part of Menards hardship is the desire to please the riei�ibors ar�d ir,crease their starage facilities as much as possible to run a profitable b�usiness. If triey can help the sourrl p�oblen in the meantime ar�d still benef it the busir�ess, so m�ch the better. What the Cam�ission has to look at is that Merjar�ds is Iimited to the back of where the old fernce was. At the last meeting, the Qatmission looked at letting Menarc]ss strai�ten the lir�e aut putting a r�,i ar fer�ce up which would have ir�creased ttyeir surface area. It doesn't matter if the stxvctures have a roof or z�ot, Menards is still ir�creasing the o�utside surfaoe area. Ms. Matthews renarked that the residents are j ustif ied in canplaining so -9- 2E An�s ao�.sszoN r�rnvc, � 2s, i98a �uch. She feels that the zo�ing of the autlot is still a factor. Ms. Esther Sieff, 1298 Skywood Lane, stated that the r,eighbors weren't mtif ied that Mena�7s was ever oaning to the r�eighbori�ood. , . Ms. Savage stated that this sh�ould be addressed at the proper for�►. Ms. Savage ocnrpared the location of Menards to the other area lunber yards. I�. Heggestad stated that this was addressed to the City Council with pictures of ttie mrth ard south directions and at night to show the light pz�oUlen. He stated that peaple seanecl surp�ised that there was a Menards lisnber yard in a residential area. Ms. Sieff stated that she didn't think the r�eic�tibortu�od was mtified that a Merards was buying that lot. Ms. Matthews stated that she reoognized that this was not the issue, but that it is the b�ttan line. Mr. Barrsa stated that the use is part of the isswe a� the Catmissio� has to assune tl�at the use is legal, that the star�e has mt changed fran what they oper�ed up as to what they are mw. Zhey are looking at the ir�crease of use allaving the bulding of storage sheds and d.istrict buffer closer to the residential district. Mr. Barna then stated that the Ca�nissio� r�eeds to decide if the City and the r�ei�ibors are goirbg to get satisfactioal aut of allowing Menards to have mo�-e roan. Mr. Heggestad stated tY�at it wauld deperr3 on if ea�e kind of a sourr3 barrier was installed. He also asked that Menaras should have to get a special use permit f� the saws, lights, etc. 1�. Heggestad stated that he has rn roal personal objection e�acept fo� the sourr3 issue. Ms. Matthews said that she cbesn' t want to state an obj ection but to say tl�at despite lack of faith in a sound engir�eer, she thinks it wauld be wo�rth the $200 to $300 to receive an opinion. She v�rould feel better l��aaing. She is neither accepting o� rejecting. I�. Barna st.mnr�zrized that Ms. Matthews would be more comf ortable with a certif ied sounl engi�er to rerr3er an opinioa�. N�. Heggestad stated that there should be a stipulation about the mise factor. Ms. Matthews agreed. Si�e also stated that at a previaus meeting trees were discussed re�arding the sound damaging the trees. She mentioned that Oak Wilt is prevalant in the neighborhood and wondered if the mise had an effect. She said that she talked to a oaunty agriculture agent about this proUlen. Mr. Barr� stated ttiat Menards' o�nstructio� could damage the root systems -10- 2F A��t,s oor�.SS7�a�r r�rn�c. � 28, s�s8 , which would allaa Oalt Wilt into the systen and if there are ariy wounds on the mks in the r�eigt�bar�hood the plague will start. I�. Barna thought there was a stipulation fran the Planning Catunission meeting that this prnblen be chec�.ked into anl the Appeals Ca�nissiori could stipulate that a county agriculture agent look over this problem to reaatmer�d if it would be better to remve the trees. The Catmission would stipulate that a planting buffer be maintair�ed. Ms. Sief f asked haw deep Mer�ards wil l g�o into the hill . Mr. Barna stated tt�at Menasr3s can mt g� iar3erneath residents' Pr'vpertY. He also stated that the trees, the driftline, will guard the property. The Oatmissio� oould add a stipulatian that if the mature trees on the adj acent property were to be damaged as a result of the construction, that the Petitioner wauld be required to replace that planting buffer. Mr. PrncYiaska stated that tiwse trees overhang Menards property and that Mena�rds trims than. N�. Barna stated that the City has a right to tell Menards to maintain a planting buffer between the two areas. Mr. Barna suggests to enter a stipulation regarding this. He would feel mo�e oanfortable stipulating that if the oonstruction dan�ages the mature trees, that Menards would replace than, but they r�eed the aounty agent to verify. Dr. Vos stated he didn't believe a �ounty agent would do this because of the situation being �predictable. Ms. Matthews stated that she feels an opinion shauld be abtair�ed. Mr. Barna stated that the working hours were cavered at the Planning Cammission meeting and the City Council meeting. There are different reasons fo� each meeting. The Appeals C�imissioai is meeting regarding the physical stru�ctures far st�ag+e area that Menards wants to build. M7TI�1 by 1�. Ku,ecnle, seo�nded by Ms. Savage to close the public heariryg. UPOI�T A VOI(E VQ►I'E, ALL VOTII� AYE, QiAIRPERSON BARNA DE�•�� THE PUBLIC HEARIlJG Q�OISID AT 8:55 P.M. Dr. Vos stated that the stn�ctures will do more for the hill and Menards thar, the ferice did. Dr. Vos is in s�port of the two variances - 10 foot fence rather t2�n 8 foot fence, arrl the buffer. Dr. Vos mentioned that if the r�ei��rs were an a r�o�n�l lot instead of a hill, he would have neyative feelings of the Menards stYVCtures. Ms. Savage stated that she voted in favor of this at the last meeting because she thaught there would be a study done of the structure of the f ence ar�d oonsideratio� of the f e.ryce as a soun3 barrier. She didn' t see any evidence of, a study saying this stn�cture wil l provide a suf f icient sound barrier. Ms. Savage is mt in favo� o� the variaryces. She further stated -11- 2G APPF.ALS �SSI0�1 MEE,TIl�]G. J[� 28, 1988 -, - that she didn't think that there is any ha�c7ship showir�g. Mr. Kuechle stated he suppar�ts the variances yet agrees that there is no stated hardship but the varia�e request is voluntary. Mr. Ruechle feels everyone gains scunething by these new structures by way of ap�earance reductio� of mise. He doesn't see a bettex way of reducir�g the rnise. Mr. Barna agrees with both assenting ar�d dissenting views. Right naw the Q�missio� r�eeds to lodc at the adjoinir�g properties having problems with the busir,ess. �he neigi�bors canrnt tell Mer�arr3s to g� away because they are too misy. Menarc7s is voluntarily trying to help while gzowing. Mr. Barna pointed out that Menards is also a taxpayer. I�. Barna stated that Merr•zrd's hardship is in c�der to keep their busir�ess grawing, they have to increase storage area and use every square inch of their property. To iricrease their star�age area, they have to bend to the will o� the coa�ununity ar�d imprwe to ber�ef it the r�ei�bors ar�d Menazr3s. Menards oould get by with an 8 foot feryce ar,d a special use permit for the in�creased storage area. But they are asking £or a variaryce to put a structure up that will incerase storage area, yet benefit the riei�boz�s, the City, ar�d the busiz�ess. Ms. Savage suggested that there be a stipulation that there be studies done on the sound issue and have an opinion given on the adequacy of what Meraxr�is pz�oses far a sourrl barrier. Mr. Barna clarified that this is a motion as a recoiranendation to City Cour�cil. Dr. Vos asked if the City of FY�idley had a mise ardinarice. 1�. Clark stated that the City has one but he was mt f�iliar with it. MJTION by Dr. Vos, secor,ded by Mr. Kuechl e, to n�ake a reasnner�dati on to the City Cbuncil to approve at their July 11, 1988, meeting, Vaxiance request #88-15 with three stipulations: 1) that a written opinion fran a certified sour�d engineer be presented to the C3ouncil at the time of the hearing 2) that a planting buffer be maintair�ed 3) that the oonstructio� is oontingent on receiving a special use pennit. N�. Barna summarized that if the vegetation in the planting buff er is destroyed by the Menards construction, that Menards will replace that vegetati�. Ms. Savage stressed that �*��G did mt have a eour�d study as stipulated at the last meeting ar�d that is why she is absta.inir�g. UPCN A VOICE VOTE, 3 VOTIl�TG AYE, 1 NAY, Q�AIRPER.SON BARNA DECyARID THE M7T�] (�RRffi� 3-1 WIZii C�IE ABSI�mI�t AS STATID. AD�TO�hZI�TT: 1rD►P'I�1 by Dr. vos. seo�rried by N�. Kuechle, to adjaurn the meeti�g. -12- , ., VAR �88-15 Menard's �r� � i � �� f i�� ,� � ( — � �� s� `" '� r , � �`�� `� � � �� .� �,r `l 1, _, � �T- 1 �� y �' � 1 �� ti � � l�1 L^I O � r :. d � � u � 2H :; �� x � 1 �► ; `_� ; z �� - --� u � � � � y�r±� r�� w��—`_' � �.j -�� t i. ��_ � � .:�. � : `��--' �-�-•:�� , -; , t ,• � ' � � � ' � �t.,��`_ __�_1_ � = � �---_._-�'- �•', ~�~'~ i- - i, i+'� -� �, � � l�. 5 � � ►��i,c! �r� �� ur � a. `: ro� ':.», •,�. . . � rir ' �ir � .- � (s� µ�� '� � �...� '� ----•f!-... : \ _ '��"'.��".��Y."'�"�� I � �1' �. '• 6 �c� '��,,% �. 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( � � � --------------_-.I �" _----------------- ; � ' � \��. � n s $ s = ., .s � a � , i, !II ` . � ., : .II � � . � ., . ., i�� ' .----- -----_--_-_-__, '� 1< L�� }O X> ' /. � + '� O y.�.�rsti� `� y YOTERIAL fTORAGE � ��C��M 1� rV — �. —.—a�� +��—��.�— — ' . . . � . . _ t " t �� ' '� _ ' ."� .. ��..�� .r.. . . n . � [ ' � � �� L 1 �J . �l � � � 9=Cw�+ � •� •�l �,�� • t�.s�r w�v.,... r'�1 ; —_�r ( r�: ` ✓ . �'—r ,, . '��i� li i , I_.� �Iw � i� ,` ! , �; / �� f w� �� ip O S ITE PLA N 0 CITY OF FRIDLEY PI�AI�II�IIl�1G Q�N�.SSION MEErIl�IG. JtJI� 22. _ 19�8 CAL,L � ORDIIt: Ct�aixpers�n Betzold called the JLU�e 22, 1988, Flanning ' ssioal meeting to c�der at 7:43 p.m. ROLL (��: M�nbers Present: Donald Betzold, Dave Kar�dri Dean Sava, Aleac BarrrZ, S�.ie SY�ex'ek, Fat11 IaaYilberg Manbers Absent : Nor�e Others Present: Jim Robinson, Pl Cbordimto� Jock RQbertson, 'ty Develapment Directar Kathlyn C�astle, anning Assistant Steve Billings City Cbuncil Marv Proct�a . Menard, Inc.. Eau Qaire. WI Steve J , Menar+d, Inc. , Eau Qaire, WI Dave Tur , Menard, Inc. , Eau Qaire, WI Esther ieff, 1298 Skywood Lar� MaYy 'se Matthews. 1259 Skywood Lane Martin, University Averwe Associates er Beck, Univexsity Avenue Associates llin & Jeanne Crar�dall, 6114 Star Lane N.E. Virginia Schnabel, 1527 Wir�denere Circle N.E. OF.i�,Y 18, 1988 . M7I'I4N� Mr. Kon�rick, seoorr3ed by N�. Barna, to approve the May 18, 1988, Planni g�mission mirnites as writt,en. A VOICE VOTE, ALL VOTING AYE, �iA7RPER.SC�1 BE�LCLD DECyARED THE Nl�TION ID UI�IANIl�I7[JSLY. 1. � PUBLIC HEP.RING: CONSIDERATION OF A SPECIAL USE PERMIT, SP #88-06, BY N�FtD. INC. Per Section 205.15.1.C.8 of the Fridley City C]od�e to allaa the expansion of outside sto�age on Lot 9, Auciitc�'s Subdivision No. 94, the sa�ne being 5351 C7eritral Avenu�e N. E. MOTION by Mr. Kondrick, seconded by Mr. Dahlberg, to waive the formal reading of the public hearing mtice ar�d open the public hearir�g. UPCd�i A VOIC� VOTE, ALL VOTIl� AYE, Q�iAIRPII2.S�1 BETZ.C�,D DEQ,ARID THE MJTION (�RRJED U1�,NIlKJ[JSLY ArID ZHE PUBLIC HEARING OPF3�T AT 7:45 P.M. " _ Mr. Robinson stated Menard, Iric. , was located an the �utheast quadrant of the Hi�aaay 65/I-694 e�. �e p�r�perty v�a.s zo�d C-3 ar�d was abutted by residential, single family, to the east, and R-2, duplex zoning, but which is an apartment building oat�lex, to the mrth ar�d east. -1- 3 3A �Ii� Q�[�R�II.SSypN MEP.TIl�]G. JtIl� 22. 1988 Mr. Robinson stated a public hearing was oper�ed on M�,Y 4. At that time, tiee petitioner was proposing an expansion of the storage yard in the southeasterly portio� o�f the existir�g sto�age yard. bac.avati� had already begun foar that portion o� the sta�age yard as the petitioner was not aware that he need�d a peunit as�d a special use pesnut fc� that expansioai: ' Mr. Robinson stated at this t,ime, the peti tioner has submitted a revised plan which actually results in the reduction of outside storage of approx. Q, 000 eq. ft. Detailed maps fo� the variaus buildirx,�s sr�aw t2'�at Buildirig C wauld be a 3- level sto�age structure where l�r would be stored on the lawer two levels, ar�d insulation batting w�wld be stored c� the t1'iird level. with asp7�alt shirgles o¢i the roof ar�d residential-type sidirig on th+e vutside af the structure. RY�e structure heic,�t fram the sto�age yard gx'ade w�ould be 34 f eet ar�ci f ran tl�e slc�peci c,�a3e a�i n�.�,�n► of 9 f ee t and a maximLan of 16 feet, as the �rade cbes vaiy. Mr. Rabinson stated Building B to the rnrth wauld be 34 feet hi�, but would be an open stn�cture ar�d wauld mt have three levels. The grade would be retair�ed with a oorrrete wall wereas with Buildiryg C, the grade wauld merelY be retaine�c7 witi� the woocien structiu�e. Mr. Robinson stated Buildi� A was a smaller struct same exterica- finish. �e reason the structure was because of the exposure to Higtsaay 65/I-694, so it stn�cture would rnt be appz�riate in this area. �re 19 feet hi� with the enaller to the rnrth was was felt that a taller Mr. Robirzson stated the C3 zo�ning for Menards does extend into Outlot B which was platted with the Beverly Hills Additio¢�. Z�e R-2 zoning for the apartrr�nt oarq�lex exterr]ed to the I"Senards F��opertY line. This information was i�ortant because it outli�s the variances that were iricluded with this current petitio�. He described the variances and stated these would be i�e�az�3 by the Appeals Oatmission o� June 28. l�. Robinson stated there has been a histoQy of a conflict related to the use of the sto�age yard and the z�eigtibors' enjoyment of their properties. Zi�ese wcyuld be the r�eig�borrs to the i�iate east--the hou.ses which sit on tflp of the escarg�nt sane QO-50 feet ai�ove the st�age yaxd area. I�. Robir�o�n stated staff believed the p��q�osed structures would create a rnise barrier, but to wha.t extent they did n�t know. The petitioner i�as sane site li� drav�ings which i�dicate that the site lirie wer th+e building wauld intersect with the roof o� t2�e MEriard stoore pY�oper so there would rn lo�ger be views irito the stm�age yard. In add,itio�, they are proposing to laad t�re tap level aE Buildirig C with insulatioa� to damper the noise which has been a p�nblen. Mr. Robinson stated staff was also z+eaommer�dir�g the fcallawing stipulations to help reduce the mi se �a�ilems : 1. w�'kir�g drawizx3s f� all strvctuxal 3�'rwenents to be sigr�ed by a registere�d erigirieer. -2- P��AI�TIl9G Ol.'1NMLSSIQN 1�,TIl�IG. Ji�IE 22, 1988 2. Truck deliveries, iu�loadiryg. will be aonfix�ed to: M�ri. - Fri. Satt�rc7ay . Siur3ay and stockiryg o� the st�age yard area 8:00 a.m. - 9;00 p.m. 8:00 a.m. - 5:00 p.m. No c�eliveries allowed ' • (Ref erer,ce to Publ ic Wo�-ks � dated May 10, 197 9, which ref ers to a Feb. 15, 1978, meeting with ttie residents arid Nienaras, wi�xeby an agreenent was made as outlir�ed above. ) 3. Notwithstar�ding itan 2�Uwe, all ather activity in the storag+e yard area will be confir�ed to the follaving �imes: Mon. - FYi. 7:00 a.m. - 9:30 p.m. Saturday 7:30 a.m. - 6:30 p.m S1u�day 9:00 a.m. - 5:30 p.m. 4. Menards will provide screening slats for the westerly facing fer�ces ar�d gates. 5. Menards will replace all dead plant materi.al in the b�ulevard area. Mr. Rabinson stated the special use pernnit was being pursued at staff's request to help clean up the long-standing problgn with the neighbors. Menards cbes mt have a special use permit for the storage yard at this time, arr3 although they are reducing the o�xtside storage, staff still felt it was in both the City's ar�d Menard's best interest to p�ursue ar�d obtain a special use pernut ar�d live within the guidelir�es that are set up with the special use permit. Mr. Marv. Prochaska, Menard, Inc., stated the actual grade elevation differe�ce between the wtside storage yard area and Mary Matthews' house was 60 feet. Using that inf�tion, they had drawn sane site lines with the oorrect dimensions to exhibit what will happen. In their orisinal pr�osal, they wpxe talking about a 5 foot setb�ack fran the property line. Tt�ey are mw unving that setback further west to a 10 foot setb�ack. Mr. Proc��aska stated he had brou�t sane samples of residential siding to siww the riei�i}�o�s ar�d to get sane ir�put fram the r�ei��bors as to what they would like to see. Mr. Proc�.haska stated Building A was 14 feet high which should not affect Mrs. Matthews, but it p�obably shQUld help the r�ei��ors in the apartment buildings. On the south er�d, the reason they are constxucting only a fence was because there is a Starr3azd Oil Pipelir�e that runs dawn the middle of the property and that is under easement so they cannot build anything �.*�*+�*pnt there except a feryce. Mr. Prochaska stated he had mt seen the stipulatians before this meeting, but he had discussed then sca�ahat with staf f. He stated that regarding stipulatic� #2, when those haurs were draf ted, the store was not open on S�ur3ays. H�e stated Menaras arigiislly started out trying to build j ust a sourrl barrier type fe�ce, ar�d it has mw gor�e full circle to the point where -3- �L': p�;�n�c a�ss�o�r r�-rn�, � 2a, i9ss they are building this entire structure across the entire back of the building az�d are spenciing ap�ox. 5250, 000 on the proj ect. As far as the Y�o�urs af operation, he discussed this with staff at p�vious meetings, and be felt he r�eeded an ar]ditio¢�al 112 ho�ar in the evening isti�latioa} #3) . I�. Prochaska stated that in discussions with the store management, maz�ag+anent was saying that 75$ o� the time the 1/2 i�air w�anld p�+d�ai�ly wo�k, �t f� all practical purposes, it should be 1 hour af ter store closing. Tbey have custamers who onm�e in 5 mi�tes befo�e closing, insist on buying sanething, ar,d then expect to be able to pick that iten up. It was pretty hard to chase custcmers out the door, so he would like to see stipulatian #2 d�leted entirely ar�d eee stipulation #3 changed to add an additional 1/2 haur later in tile evenirig. Ms. Maiy Matthews stated the r�ei��Uars were rnt objecting to custamers beiryg in the yard later in the evenin9: but they were abjecting to the rnise of the f o�k 1 if ts ar�d the dropping of lunber. Ms. Matthews asked if there were any other ao�ustical pravisio�s. Mr. Prochaska stated that the laaer part of Building C would contain materials that are misy to imlaad, so they would be in t11e �rnux3. Tt�e toP level was for the storage of insulation, and those materials would be harrlled by har�d. At times, the top would be entirely full of f i.berglass insul atioai. Mr. Barna asked if I�. Pra�.l�aska was plaruzing to put a layer ia�derneath the sid.ir�g on the upper back a� Buildi� C, � was it j ust going to be siding wex the boaz�3s? . Mr. ProGt,aska stated that cleper�ding on the type of siding, they probably w�auld not. I✓,,s. Matthews stated she did rnt feel mo��y 2�ad to be spent oai faricy siding. She would rather see the money spent to ensure there was enough sound proof ing. Mr. Prochaska stated he would then suggest that instead of using a residential- type siding, o�ri the inside they could sheath it with a 25-30 seo�nd insulati� board which was sound deadening. using a 1/2-5/8 inch flake boan3 exteric�-type p�oduct ar�d paint it with sane earth tone color. Fo� the roof, they wer� �oposing aspi'�alt shirx�les wer an �erlaym�zt. Ms. Matti�,ews asked ai�olit the fark lift rniee. Mr. Proci�aska stated he would hope that this would take care of all the p�nbl�s the neigt�Uo�s had arid they wuuld rnt have to be ooncerr�ed abaut ariy n�ise. Mr. Iic�bertson stated that when big shign�nts oa��e in. where will the trucks be imloading these shignents7 Will they be in the open area which is n�ot protected by the so�uzr3 lines? That was why staff was reoannending ti�at the -4- 3C e Pl�ArII�iII�1G �R�IISSIOd�T MEETIl�IG. J[��22�1988 hwrs fca� iu�laading of trucks be limited as stated in stipulatioai #2. When the trucks are being iu�loaded ar�d the materials are d�unped on the asphalt hard star,d, that is when a lot of the mise oocurs. . , Ms. Matthews stated she felt the haurs as pr�osed by staff were legitimate. Z�e mise aontirnnes imtil 11:00 p.m. sosne nights when the fork lifts are mm�irx,� az,rnuu�d r�a,rranging what has been ia�loaded of f the trucks. 1�. Procha�ska stated they have to oan� up with sane hours that Menards can live withF othexwise, they mi�t as well leave it the way it is. Ms.. St�rek stated s1�e ar�d h�er husban+d were recently shopping at Menards. St�e stated i t took f c�rever to f ir,d what they had al ready paid f or, and i t was after 9:30 p.m. by the time they pulled out of the yard. She stated there were m other custar�ers in the yard when they lef t, but there were fo�r fark lif t trucks in operatiorr-bwo of them repeatedly dropping whole farklift laads af fer�ce pipes �to the pavement. Th+e mise was deafening. That was at the south end of the buildig. Why couldn't Menards have ei�loyees doing that at 8:00 a.m instead of 9:30 p.m.? 1�. Dahlberg asked what the straight lin�e distance was from the Menard property lir�e to the adj acent resid�ents. 1�. Proc.t�aska stated it was aboait 150 feet. Mr. Dahlberg stated that in cmder to construct each af these str�ctures, it was gc�ing to require a signif icant a�nount of e�acavatiozi in the footings back into the hill. It seened to him that was going to signif icantly affect acme of the existing vegetation in the area. Was there any provision for replacing plant materi.als that are distuxi�ed? Mr. Pr+ocY�aska stated that on the 10 foot strip that � distur�, it wi11 be revegetated, but it wi11 proba2�ly be replanted with grass, because it will have to catch the drainage coming down the hil.l ar�d transport it mrth and south. He wrn�ld mt want to put in trees that wauld stop the drainag�e flc�w. He stated they will take whatever precaution they can to rnt destray ariy tx'ees � Ms. Matthews' Px'oPertY• N�. Dahlberg stated that Menan�s will have to abide by those assurances to the City that they will take every precautian, and the City will have to tru.st that Mer3arr]s will d4 that. N�. Robinson stated maybe a field suzvey should be done in terms of what trees there are naw and which trees are in jeopardy because of the o��structi�. He fihought that p�nb�ably amther stipulation sh,ould be added: '�enards will agree to an erosion control plan and turf restoration plan upon ampletion o� the proj ect. " I�. Dahlberg asked Mr. Prochaska to give a further explanation or justificatiai of why it was mt possible to oontrol the h�urs of operation of the fo�k lift vel�icles ar�d/ar s�nis that are bringing material to the storage yard. -5- 3D 3E Pi,AI�1Il�1G �SSIC�N I�TII�G. Jt� 22, 1988 A�. Prochaska stated it was p�etty hazd to contirol because they have same sanis brirx�irx3 in deliveries from vut oi town, ar�d it was hard to say w�w� that the truck cbuld rnt ia31�d ar�d would have to wait until morning. He stated they really �ed to i�ave 1 inur after closing for truck deliveries at�d tmloading and stocking. 1�. Steve Billings stated he �ar3erstood the petitioa�er's a�r�oern in teans a� operatioo rnlative to custame�cs in the yard. As far as the concern about the truc.k drivps �ho aames in a�nd wants to wzload, there has to be a cut-off time wi�en that driver is to2d he canmt ia�laad--whether that time is 8:00 p.m. arid the driver a=rives at 7:55 p.m. � it is 11:00 p.m. ar�d the driver arrives at 10:55 p.m. So, he aould rnt buy the argia�nt t�iat it was hard to say "m" to tr►ick cZrivers aaming in late. Hawever, more importantly, was his ooncern that the plan identif ies the stnicture as a sau�d barzier. Th�y are all saying this 25-30 seoorri sY�eathing is goirig to help the sound more tt,an r�ot having the styeathi�, but the questioai i�e had was: Hvw much sound were they deadenim� by these particular materials-2$ of the sound, 80$ of the sour�d? The r�ei��bors have lived with a sound problen for many years. The fact that they are talking about issuing a special use permit for stc�age in this yard is the orn char�ce the City and the neighbors have of txying to solve this problen. He wvuld hate to waste that char�ce o� a"gut" feeling of peaple who are mt eac�eriezx�d as sau�d experts to decide this is really going to do something. it was his understanding that when the petitioner applied for a fes�ce variance, the Appeals (�missio� reco�anended the petiti�s get a so�url engiz�eer to evaluate the aooustical value o� tt�at fer�ce. It was also his iarlerstar�ding that the reason Mer�ards delayed canin�g back to Plamzing Oam�ussio� soor�er was because of their �ed tQ fir�d a sour,d engineer to evalvate tive sourrl deadening value of the fence. So, another questi� he had was: Has Menazr]s dor�e that, how na.u�i sound deadening will the fence do, azrl what is the anticipated effect? Mr. Barr,a stated the 25-30 secor�d simathi�g material has an enormous sound deadening ability to it. It was i.r�expensive, easy to install, and easy to maintain. N�. Betzold stated there was no question that putting in these types of materials shauld absorb aiar-e sour�d, but maybe it was mt the best way. Ms. M3tthavs' house was o¢� the hi11. Was it possible that by puttirx3 in sar�e a� these aateri.als, there might be a ricocheting effect, and it might even ir�crease the rnise to sane extent? He stated Mr. Billings' point was well taken, ar,d they might need same kir�d of expert to laok at this. Mr. Proc.haska stated he did rnt table this at the Planning Oatmission level last tim�e to go out and hire a sound engineer. They tabled it just to review the whole pz+�ject to see if they eveu wanted to do it or if it was feasible fca Menards and to help ti�e mise prablem for the neighbors. He stated he had talked to Dave Kelso. Pbllution Cbntrol Ageny, arrl the person reoortmerided at Diirmesota Depar�nent � Trar�sportatioai. Both of these people said sour�d barriers and stopping sound was, at best, a"practice", like p�acticir�g law or practiciryg m�edicine. They saic3 if the eite line was reduced o� it int�rrsects that site line, Menaras will i�ave done ae much as tt�ey can. Mr. Pr.oc�aslsa stated Mer�azr3s has done that. They have gone as -6- 3F �rn�c oar�rss�oaa r�-rnv�, � 22, i9ss hi� as th�ey have tA try ar�d intersect that site lir�e, because they have been told that site lir�es arrl sour�d lir�es p�etty nn�c.il follow the same path, ani that intersecting that site lir�e shQUld reduoe the eoia�d. 1�. Dahlberg stated he thaught Mr. Prochas]sa's coa�anents were accur�te and appropriate with respect to sourrl beir�g transferred. He statecl that if the Plaru�ing Ctr�nission is ping to request that a whole scientif ic study be taY3ertalcen to detennirn what sou�d is going be transferred with respect to this �rticular pz�oject, then Menards is probably going to say they will fo�get the whole proj ect ar�d rnt c3�o ar�ything at all ar�d oontirn�e to fur�ction as they have. He stated in teans of noise, the present situati� was g�irx3 to be worse than if they let Menards cb what is being pxnposed. Ms. Matthews stated that �less there is same guarantee that what is being prvposed is going to i�prwe the situation, then they might as well live with what they already have. Why go to that expense? She thought Mr. Billings' nequest was legitunate. She did not think Menards had to go to the expense of a big scientific study. but she would like sane assurances that this project is going to prove sanethir�g. I�. Saba stated the whole point of a sound abso�ptian material was to absorb the sour�d ar,d mt to reflect it. MOTION by Ms. Sherek, �eoor�ded by Mr. Saba. to close the publiC hearing. UR'�N A VOICE VOTE, ALL VOTING AYE, Q�AIl2PF�Z.SCiV BEIZC�,D DE(3�ARED Tf� RJBLIC �ff'.ARIl�]G CI,OSID AT 8:45 P.M. Mr. Barna stated that at the Appeals Camnissian meetir�g, he was in favor of having a sound engir�eer look at this. Now, in seeing this type of design, he was mar�e oanfc�rtable with this design tl��ari with the sound barriers MnDO'r has put along the highways. He stated he real ly f el t thi s type of structure, as pYro�posed by Menards, would help cut down the noise to the residents adj acent to Menaxrls. Mr. Saba stated he thaught this was a far better plan than the last oa�e, arid was an act of c_pod faith on the part of Menards in solving the problem. They are gc�ir�g to great expense ar�d are getting the r�eighUo�s involved. Mr. D�ahlberg ar�d Mr. Kor�drick stated they had n�o abj ection to the special use peYmit. Mr. Barna stated he really felt there should definitely be so�ne working drawings fc� all stn�ctural i�roven�its. Mr. Kondrick stated he could see nothing wrong with the current reoacn�rr]atian by staff fc� the truck deliveries. He stated ttve coanpariy he w�ks fo� rPlies a� truck deliveries; b�ut when the d�oors close, the trucks must sit vutside ar�d wait imtil the r�ext a�cnir�g at 7:30 a.m. to ia�load. �e truck drivers soon learn what they can ar�d carubt cb and that is what they have to abide by. He did understaz�d with the retail business that when a custamer oanes in 5 mirnites befo�e closing time, it can be a real hassle ar�d -7- 3G , A� �SSION ME�TIl�1G. JL� Z2. �988 extra time is needed, but be thought 1/2 hour af ter closing time was adec�uate. Mr. Robertson stated Mr. Billirygs was suggesting that stipulation� #1 be a little ino�e specific in referring to structural c7rawir�gs, particularfy for the structure with the sourYi proof ing. He stated that stipulation could be strengthened befc�e it goes to City Ctxuicil. l�. Saba stated that reganiing stipulativn �2, if M�,ar3s f inds these hours really do r�ot wc¢�k, they oould alMrays aome back at a later time and ask f or an extensioai af hairs based on past exp�riez�oe. Mr. Barna agreed. He stated that 6-8 months af ter the proj ect is va�leted, if the r�eig�iboars are satisfied, Menards could oatre back in ar�d request that the hours be changed and ask fc� deliveries on Surr3ays. 1�. Dahlberg stated he did nQt agree. He stated they should cane to an a�eene�t o� hrnirs that are z�ason3ble for both Menards ar�d the City. lrhybe they could allaa deliveries on Surr3ays, but limit the hrnu�s. I�. Korxir'ick asked I�. Pt�oci�aska what hours he would like f� S�ur7ay. Mr. Proc.haska stated there are mt mariy tn�ck deliveries � Sundays, because i t was or�ly �� G trucks del iveriryg on Sur�c3ay, ar�d i t was di f f icul t to set irn�rs fc� that. However, he would be in agreenent with the i�ours 9:00 a.m. - 5:30 p.m. M7TION by Ms. Sherek. seoorrled by Mr. Uahlberg. to reoarmerid to city Ooau�cil apprwal of S�ecial Use Permit, SP #86-06, by Menard, Inc., per Section 205.15.1.C.8 af the FYidley City Code to allow the expansion of outside starage on Lot 9, Auditoz's S�bdivisi� No. 94, the same beir�g 5351 Central Avenue N. E. , with the f ollawirig stipulati�s : 1. Wa�-king drawings fo� all strvctural i�rovenents to be sigried by a regi stered engirieer. 2. Truck del iveries. ia�l.oading arxi stockinJ the sto�age yard area will be aonf ir�ed to: Mo�i. - FYi. 6:00 a.m. - 9:00 p.m. Sat�+day 8:00 a.m. - 5:00 p.m. Stimday 9:00 a.m. - 5:30 p.m. 3. rbtwithstar,dix�g iten 2 abwe, all other activity in the sto�age yard area will be aoa�fir�ed to the follaaing times: Mon. - FY�i. ?:00 a.m. - 9:30 p.m. Saturc�y 7:30 a.m. - 6:30 p.m. S�r]ay 9:00 a.m. - 5:30 p.m. 4. Menards �rill p�wide screening slats fo� the westerly facing fer�oes a�d gates. 5. Mer�ards wi11 z�eplace all deac3 plant materials in the bo�ulevard area. -8- P�A�IIVG �O�.SS1�1 �TIl�]G. Ji� 22, �.9s8 6. Menards will agree to w�k with staf f on an erasi� oontr�ol ar�d turf resto�atio� plan �io� to buildir�g pennit to pravide soiu�d deadening. 7. A11, partions o� sheds that are aUwe grade ar�d abut residential pz�aperties shall be insulated in the walls ar�d ceilings with rn' � less than 25-30 secor�d insulation board or oa�aarable material arid sided with exterio� (flake board) ar similar material ar�d be roofed with m less than 1/2 ir�h asphalt roofing. UPQ�T A VOICE VOTE, ALL VOTIl� AYE, Q�AIItPIIZSC[�l BEIZCGD DECLARED THE NYY!'ION C�,RRIED UNANIlK7IJS'LY. N�'I'IQN by Mr. Barna, seoorr3ed by Mr. Sal�a, to serrl SP #88-06. alang with the variarices to be hea,z�l at the J�e 23, 1988, Appeals Q�unission meeting, to the City awrrycil o� July 11, 1988. UPCd�T A VOIC� VOTE, ALL VOTIl�]G AYE, Q�A7RPIIZ.SC[J BE�'rZCGD DEQ,ARED THE I�Z'ION (�,RR� UNANIl�tJSLY. 2. PUBLIC HEARING: �ONSIDERATION OF A SPECIAL USE PERMIT, SP #88-08,_BY WILLIAM BII2TRAM: Per Secticm 205.14.O1.C.2 of the Fridley City Code to allow aut ile agencies to sell or display new and/or used vehicles; per ection 205.14.O1.C.8 of the Fridley City Code to allow exterior orage of materials and equignent on Lot 2, Block 2, Springbrook A rtments at Northtown, generally located rn�rth of 83rd Avenue and wes of University Avenue. MO►I'ION by Mr. Saba, seoor�ded by N�. Konirick, to wai the fo2mal reading of the public hearing mtice ar�d apen the public 'ng. UR�IJ A VOICE VOTE, ALL VOTIl� AYE, Q� BETLCS�D DE(3�ARED THE MDTION (�,RRIED UI�NIl�iJSLY AI�ID � HJBLIC HFARII� AT 9:10 P.M. I�. Rabinson stated the puzpose � 1 autatr�bile dealership fo� the sale � storage of vehicles arr� equignent problens ar�d the starm drairage la� to the petitioa�,er, staff r,de� Planni ng C,�uni ss i on meet ' g, and reourcner�dation. special use pezmit was to allowt an r�ew ar�d used c�a.rs ar�d for the outside The petitioner has had s�ne technical � was mt sulamitted on time. In talking i that this itan be tabled Lmtil ttre r�ext the petitioner was agreeable to that Mr. Robinson stated t Mr. Peter Beck arrl Mr. Leon Martin fran Belgarde & Associates were i tterr3ar�ce representing S�riru�brook Agar�nents an�d would like to speak 's iten when it is hea,rd by the Planning Clatmissioa�. M7rION by Ror�drick, seoor�ded by N�. SaUa, to table SP #88-08 until the rnxt r ly sc�heduled a�eetir�g. 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C,' _. � I . F .s . . . � i�,�yi `� . .�� ; i • i � ,,� , � '. d � . �: " -_ � . , �::= : t � � 4 � � : �, ,��• � : ; - . -_;. 4= � . �� ir111 ��T � 1►' TMA? TMC C 1 TY ,COUNC 1 L Of _ TME CI,TY OF FR i D� EY � ANOKA CGt,' ::�',p ' [� � OCEn; � ;#`'`�EVERLY�,� �L�S �?-� REGULAR MEET 1 NG THEREC . �� ! • �� . ti�� ` d� ? . -��' ~. _ _. ■► / ��i_ SP 4E88-06 Menard's ! � : �a,, �so' , .� `�__ � � B100.'A 'a 1.� g � i / +�'_ � •T � � ,� _� . . � g �� /�• . A , � a -ln- � i 1��j . > }ODy � �Z . 1 ��3� I r � � I � � i { i i I) I � !i!!'�_{__j� i(+i I ' � �_� I�I,� II�I�� , � �; I t �( I i � I I I'I I � (fi �1 � ; � I ! ` I ! I � � -� I I � � �� 8� �� _'i _�, 1 I Ap pQ � —� — 1 '� � � . � Q ; : i �� l I s ' � o N � O 1� I . f s = _ � ; , � I � - m ' z �� I 8 ^�. 0 16 m y ' ► N �. a I . I =. ^ � , . J �' . :11a II I I � � ° � I � •� �iiil � ( : � ,----------------- - ` � ,I e, ;.� , . ;� � �,,,_.1_►_� � , , .� ,________________-1 � --i -r-= -� � , !, � � ; '� ; � -�r�-��7�}--�►�-'G� '� � - -- - - - - - - _ _ - - - - - - - ' , I ' � �n t - � 1 SD xs � O � •,; �cs� t..j - � - - - - - - - M4TERIAL STORAffE- _ _ -- - _, "c++�M a11`°-� — — —._,_.. _.__. _._._., _..' - • - - ' ' } I'� I\ � o� cD O9 D= � � � �� sE o� � � �m s� �a o� � � S ITE PLA N 3K Q 1 1 xCo woo-p �fls '�o GS TQT. Woo�fl � Iv o:L. - L�td Gt�'�`5 i RIP.� R/� � !�E' � (i � I � L D E TA l L'� D�� NO SCALE � ; L�t��_T � � � �_ �,n �� Ayr►�I IaLT- �} S�-IIN(�LES � � 1 `REbI DEAiTI a.l_ �J' fYI.S S�DINl� — Wc�op Co1�uM1.iS Zxc�.!-r� Me►.'iZ�-i � G.o�.iG . � snn� � 1Co -0� SP �88-06 Menard's Q � so '�' � DETAIL MAP 3L L.> w�GRE �Ta+w� Ws, • P�GF. v� SP 4�88-06 3M Menard's r- - - .-� `— `;�r_�.� BUILDING "B" NO SCALE Rss�oE..�n�+,.— m� S�L1N(� Z1(� GTC.M1�T2ii'._� �tr L�wl Ti�! � ,� _�///f''''f ►. '\ r- '�fF �L+�1'IML G . DETAIL MAP 3N ��, ��. SP #88-06 STIHJLATmNS 1. Working drawings for all structural impravements to be signed by a registered engineer. 2. Truck deliveries, iu�loading ar�d stocking the storage yard area will be confir�ed to: Nbn. - Fri. Saturci�3y Surx�ay 8:OOa�n - 9:OOgn 8:OO�n - S:OOFm No deliveries allvwed 3. Notwithstariding itan 2 at�we, all other activity in the storage yard area will be aonfined to the follaaing times: Nbn. - FYi. Saturr3ay Sunday 7:OOam - 9:30pm 7:30�n - 6:30Xm 9:OOam - 5:30�m 4. Menards will provide screening slats far the westerly faci ng f ences and gates. 5. Menards wi.11 replace all dead plant materials in the boulevard area. ORDIlQANC� 1�D. - 1988 AN ORDIl�NCE �IDIl� SECT]tJN 5.09 OF THE F'R��..:� CITY QiARTER THE QTY QJUNCIL OF � QTY OF FRIDLEY DOES ORDAIlV AS bOLL�t7WS : That the following sections of the Fridley City Charter be amended as follaws: SECI'IDN 5.09. INITIATIDN OF Q�RTER AN�IDNNIE33VTS. The ways to initiate amerr3�nents to this Charter are set forth in Minnesota Statutues. PASSID A1�ID ADOPrED BY THE CTI'Y �UNCII� OF Tf� CITY OF FRIDLEY �iIS DAY OF , 1988. A'I'I'EST: WILLIAM J. 1�E, Ng1Yt�R SfiIRLEY A. HAAPALA. QTY Q,IItK Public Hearing: June 6, 1988 First Reading: July 11, 1988 Second Reading: Publication: 0 � MEMORANDUM 5 �� a-� OFFICE OF THE CtTY MANAGER � Cf1lIC CENTEII• •431 YNryER81Tr AYE.N.E. � IiIASIM M. �URESHI FRDLEY. YMlNE80TA 564iZ . pNpNE(a1.2)d71-ia60 T0: THE HONORABLE MAYOR AND CITY COUNCIL FROM: JAMES P. HILL, ACTING CITY MANAGER� DATE: JULY 22, 1988 SUBJECT: VACATION FOR BLOCK 5, HYDE PARK, WAYNE JOHNSON On May 2 and May 16, 1988, the City Council approved an ordinance to vacate the 12 foot alley in lots 22-30, block 5, Hyde Park. The approved ordinance was correctly drafted, however the caption in the Council minutes of May 2 and May 16, 1988, was incorrectly stated to vacate the "westerly half of the alley." • To correct this error, it is requested the Council consider the following motion: To direct the City Clerk to amend the caption of the City Council minutes of May 2 and May 16, 1988, to read as follows: "To vacate the 12 foot alley in block 5, Hyde Park, lying north of the south line of lot 22, extended easterly and south of the north line of lot 30, extended easterly, all lying east of an adjoining lots 22-30, block 5, Hyde Park, generally located betweeen 61st Avenue, 60th Avenue, and between 3rd Street and University Avenue, by Wayne Johnson JPH/la n ORDIlJANC� NJ. 905 AN ORD]NANC� UI�IDER SECTItJN 12.07 OF THE CITY CHARTER 'lU VACATE SrREE,�'S Al�ID ALLEYS Al�ID 'ID AN�ID APF'II�IDIX C OF THE CITY CDDE The City Coun�cil of the City of FYidley does herd�y ordain as follaws: SECTIDN 1. To vacate the 12 foot alley in Block 5, Hyc1e Park, lying Narth of the South lir�e of Lot 22 extended Fasterly and South of the North line of Lot 30 extended Easterly. All lying East of and adjoining Lots 22 - 30, Block 5, Hyde Park, generally located between 61st Averiue arrl 60th Avenue and between 3rd Street and University Avenue. All lying in the Narth Half of Section 12, 'I�30, R-24, City of FYidley. County of Arbl�. Minnesota. Be ar�d is her�by vacated subject to stipulations adopted at City Council meeting of May 16, 1988. S�CTIDN 2 The said vacation has been made in conformance with Minnesota Statutes and pursuant to Section 12.07 of the City Charter and Apperxiix C of the City Code shall be so amended. PASSID AI�ID ADOFI'E'D BY THE CITY QJUNCII� OF TEIE QTY OF FRIDLEY THIS 16th DAY OF N�,Y, 1988. WILLIAM J. NEE - D'�,Y�R ATTEST: SEIIRLEY A. HAAPALA - CI'TY Q,ERK Public Ha�ring: August 24, 1987 First Reading: I�y 2, 1988 Secor�d-Rsad.ing: May 16, 1988 Publish: May 25, 1988 3/7/4/13 5A i 2. 3. 4. � > FRIDLE�'Y CITY C�IJIJC,IL MEE,TING OF N�1Y 2, 1988 ORDINANCE NO. 904 RECODIFYING Ti� FRIDLEY CITY CODE BY ADOPTING A NEW Q-IAPTEFt 405, EPTTITI�D "CABLE ZBL�VISIO�I F'R�1NQ�ISE" AI�ID REPEALIlVG OLD CI-IAPTER � � �� ft��] NOR'I�L CABLE ASSOCIATES L.P. TO OPERATE AND MAINTAIN A CABLE TE ISION S'YSTEM IN Z'HE CITY OF FRIDL,EY; SETTING FORTH CONDITIONS ACCOMP ING THE GRAN!'ING OF Z%lE FR�IVQ-iISE; PR�OVIDING FOR RDGiJLATION AI�ID USE OF SYSTEM; AND PRESCRIBING PENALTIES FOR TI� VIOLATION OF THE PROVI ONS OF THIS ORDINANC�: AI�ID CONSIDERATION OF TITLE AND SUNlMARY AJRPOSES: I I I�DTION by Councilman Schneider to waive the reading adopt Ordinance No. 904 �n second reading. Secorx�ed by Cbtmcilman Fi patrick. Upon a voice vote, all voting aye, Mayor Nee declared the nx�t' carried ur�animously. ND'I'ION by Councilman Schneider to approve the itle and stm¢nazy of drdinance No. 904. Seconded by Councilwanan Joraenso Upon a voice vote, all voting aye, Nbycrr Nee declared the motion carried ly. NDTION by Councilman Schneider to pub sh only the title and siAnmary of Ordinance No. 904 dwe to the size c� is ordinance. Secor�d�d by Gbuncilman Fitzpatrick. Upon a voice vote, al voting aye, Mayor Nee declared the motion carried unar�imo�usly. I�nl BUSIl�SS: OF SE�TI'ING A 2.03, 4.02 AI�ID 4.03 OF THE F0R AN ORDINANCE �'PY Q3ARTE�: Mr. Hunt, Assistant to e City Manager, stated this is the general amenc�nent to the Q�arte that would, in effect, extend the length of terms of affice to faur year and, eventually, every even numbered year there wauld be an election NDTION by Counci Fitzpatrick to set the public hearing � this item for June 6, 1988. .. onded by Councilwr�an Jorgenson. Upon a voice vote, all voting aye, May Nee declared the motion carried �nimrnasly. OF SETI'Il� A ING FOR AN ORDIl�NCE AN�TDING Sl 5.09 OF T FRIDLEY CITY CHARTER RELATING TO INITIATI TER N�. Hunj�, Assistant to the C�.ty N°�nager, stated this wauld be a hausek,e�ping change/s�t�ould Section 2.03 be amerx7ed. N by Cour�cilman Fitzpatrick to set the public hearing oci this item for 6. 1988. Seconded by Councilman Schneider. Upon a voice vote, all g aye, Mayor Nee declared the motian carried unanimausly. 5. 40�1SIDERATIO�I OF FIRST RF�ADING OF AN ORDINANCE APPROVING A VACATZON, SAV � 5C FRILi,EY CITY Q7ITNG�, NF•E,'r'Il�]G �' NAY 2, 1988 #87 VACATE THE WESTERLY HALF OF TI� AI,LEY f OF Z'f� 9CJUT'H LIl� OF L�C7T 22, ExPIIVDED E OF L� 30. E�fiI'EfIDID EASTERLY, ALL LYIN �� N BLACK 5, HYDE � I�RLY AND 9C7UTH EAST OF AND ADJ Mr. Robertso�, Oar�n�ity Develotanent Director, stated there was a first reading ai the o�iginal ardinance vacating the west half of the alley with five stipulatioa�s at the daur�cil meeting cn Septenber 14, 1987. He stated Coimcil tabled the second reading o� tiLe ardinance oa1 Septet�r 28, 1987 and instructed staff to dete�nine the State's interest in the east half of the alley. He stated upon vacation appraval, the Minnesota Department of �Sportatian will quit claim the alley's east six f eet to the City. He stated the City can then declare the property excess and deed it to the adjacent praperty owriers to the w�est. He stated since the State has agreed to convey the east half of the alley to the City, the petitioner is requesting the entire portion of the alley be vacated. He stated the ariginal public hearing was far the entire alley. Mr. Rnbertson stated for the Council's information, the petitioner has su�mitted a request far a variance for the proposed garage to reduce the side and rear yara setbacks. He stated approval has been received f ro�n the utility can�nies far the encroachment. Mr. R,obertson stated staff is reccmr�ending a first reading o� the ordinance for vacation aF the entire alley conting�ent cri receiving the quit claim deed f rcm the Minnesota De�rbment of Transportation. Mr. Herrick, C�ty Attarr�y, asked if this vacation is limited to just this lot. Mr. Robertson stated there are several properties involved. Mr. Herrick asked if there was unanimous agreement of all property owners affected to which Mr. Rd�ertsan answered in the affirn�ative. I4D'I'ION by Councilman Billings to waive the reading and approve the crdinance upon first reading, with the follaving stipulatioz�s: (1) a utility easanent to be retained wer the entire portion o� the vacated alley; f2) petitioner to install a hard surface drive to 3rd Street in conjLnction with constrwction o� the garage; (3) garage location congir�ent vpo�i passage of a resoluti� by Council authorizing a specif ied distance � encroachment into retair�ed easement and the City's oonveyance af east half af alley to owners west of alley; (4) petitioner to escrav funds with Public Works Department suf f icient to awer curb work f or cut on 3 rd Street ;( 5) dumpster to be fully screer�ed; (6} landscaping to be installed on the east side of the garage c�e oan�Zleted to screen fran University Avenue; (7) proper pc�wer lir�e clearance must be maintained upon garage construction, 8 feet for wer a flat roof, 4 feet over a slanted roof as per NSP require�►ents; and (8) petitior�er to post a bond ar letter o� credit to cover driveway i�ravement. An escrow for a City contractor installed driveway may be acceptable. Secvnded by Councilman Fitzpa.trick. Upon a voice vote, all voting aye, May� Nee declared the motioz� carried un'�nimously. I�. Johnson, the petitioner, stated on Septeznber 14, 1987, the Council -7- . 5D. FRIDLEY CTI'Y Q7LJNC'.II� I�T'Il� OF I�,Y 2. 19 88 approved the first reading of the vacatio� ardinaryce with five stipulatons. He stated in regard to stipulation No. 5, if the dimipster neeaed to be screer�ed an all fa,u� sides. r+�r. Robertson stated it has to be screened fram view oi•ather residential p�operties and the public right-o��way. I�. JoM�san stated he received a letter fran Jim Rabinson dated April 26, 1988 and same c� the stipulations were restated. and there was a stipulation added fo� him to install a hard surface driveway. Councilman Billings stated this is required in the C`ity Cbde when oonstructing a garage. Mr. Jdznson stated he cannot t�derstand why the stipulation fo� landscaping to be installed an th�e east side of the garage to screen frcm University Av�nue and the stipulation to post a bond or letter of credit to caver driveway i�rovenent was added. He stated the area where 1 andscapi ng i s requested is to be retairnd by the State. Mr. Herrick, City Attorney, stated the petitioner canriot be required to insta]1 shn�bbery on State right-of-kay. Mr. Qureshi, CYty N`-,dnager, stated he dich�'t believe it is a critical issue if this does not meet with the petiti�er's approval. 1KS�. Jotinson stated he has redecorated three apartments and done muci to beautify his pm�perty. Mr. Rd�ertsan stated Mr. Robinson, in his letter to the petitioner, wa� being consistent in the City's policy. He stated whesi a setback variar�ce is gr-anted, a�e � the compensations the City requests is landscaping. He stated he wanted to make sure Mr. Johnson knew this was routine and he wasn't being singled wt. � 6. 4�NSID�FtATION OF FIRSP RF.ADING OF AN ORDINANC� APPROVING A VACAT�.ON, SAV -12, TO VACATE THAT PORTION OF THE SERVICE ROAD LYING FXST OF AA7A�TT TO TRLTNK HIGHWAY 65 , BEING A PART OF LOTS SUBDIVISON NO. 88, ANOKA COUNTY, MINNESOTA, GENE: HI�AY 65 N.E., BY SHORETnR�OD PLA7�A PAR'IT�:RS: � AT Mr. R�ertson, Catm►unity Development Direct , stated this vacation is praposed for the service road generally 1 ated at 6257 Highway 65 and traffic will be r�routed thraugh the par ' g lot. He stated the develoFer has ac,�reed to stipulatio�s re�rding lying a starm drainage plan, joint driveway eas�ient, revised parking layaut and implenenting the landscape plan. �aicilman Sci,r�eider stat he would like infornnation as to the traffic patterns. Mr. Robertsan sta the develaper is very concerned that he prwides ena:gh parking spaces meet code, but still doesn't have a confusing traffic pattern. He tated the developer, I�'r. Applebaian, has his parking lot designer ing o� a plan. � -8- 5E FRIDZ�Y CTPY Q7I7NiCII� N�.'rIlV� OF 1�4Y 16. 1988 Mayor Nee r�pei�ed the public hearing on pert af this imprwanent pr ect, which was oo�tinued from the May 2 meeting, the 51st Way Street enent. N�. E'lora, Publ ic Works Director, stated at the publ ic heari on May 2, i.nfoxmation was received and there v�ras discussiori on the cos distribution for the intersection and signal portions of ttve 51st Way t I�rove�nt. H�e stated as a result aF the questio�s raised by Burli Norkhern and the East River R�oad develapers, the costs for the intersec az and signal s have been redistri.buted to the County and City. He sta d the remaining costs far e�ntrarLCe and street improvements will be ' stributed to all of the parties. Mr. Flora stated the C�ty has obtained an sanent and an agr�enent fram th�e Navy and FMr for the waterline construct' alo�g 51st Way, Y�aaever, it now appears the Navy cix�oses to z�edefine ir ftmding mechanisn for the roac�aay i�ravement. He stated while all of he parties essentially support the imprwement of 51st Way and East iver Road with permanent signals and traffic eontrols, it appears that e Navy may take a considerable amaunt aF time, through their review proc s, before a final decision is made on the cost g3rtici�tia�. Mr. F7.ora stated he wauld annend the Council close this public hearing f or the S l st Way iir�rov t Praj ec t. He stated thi s port i� o� the proj ect will be bid sepa.ratel so if the flmding canrwt be worked out with the Navy, the bid can still b awarded for the other projects covered under this improvenent prorj ec . MyI'ION by � Co�mcilman the moti�. Mayor stat East 'ver Road wor with then lman FitzPatrick to close the public hearing. Seconded by ider. LTpo� a voice vote, all voting aye, Mayor Nee declared ed tu�animously and the public hearing closed at 7:55 p.m. ed he would like a petitiori for these improvanents from the ar Busin�ess Oenter. Mr. Flora stated staff will continue to c� this proj ect. 3. ORDINANCE I�U. 905 APPRC7�TIl� A VACATION, SAV #87-07, TO VACATE THE WESTERLY HALF OF Tf� ALLEY IlJ BL,OCK 5, HYDE PARK, LYING NORTH OF THE SOUTH LINE OF LAT 22 , F.�nID F.A,.�'F'RT.y p,I�ID 90UTH OF Zi� NORTH LINE OF LOT 3 0, EXTENDED TS 22-30, BLOCK 5, HYDE PARK, AVENUE AND BETWEEN 3RD STREET BY NDTION by Co�cilman Billings to waive the reading a�cl adopt Ordinance No. 905 cn second reading and order publication with the following stipulatio�zs: (1) a utility easement to be retained wer the entire partion af the vacated alley; (2) petitioner to install a hard surface drive to 3rd Street in coaij�tio� with c.onstruction oi the garage; (3) garage location contingent upon pe.ssage of a resolutioai by Council autharizing a specified distance of encraaciment into retair�ed easement and the City's vonveyance of east half of alley to avr,�rs west of a11ey; (4) petitioaaer to escraa fimd.s with Public -3- 4. 5. � �-y CI*I'Y �7I1NCII, N�.TIl�1G C� NAY 16, _ 1988 Wor}cs Depar�ment sufficient to oover cu� work for cut on 3rd Street= (5) dunpster to be fully ecreer�ed; (6) landscaping to be installed on the east sicle o� tt�e c�ara9e once canpleted to screen from University Avenue; (71 prc�per power line clearance must be maintair�ed upo� �rage construction (8 feet for over a flat roof, 4 feet over a slanted zoof as per NSP requirenents) t and (8) petitioner to post a bond or letter of credit to cover driveway impravement. An escrow for a City contractor installed drivear�ry may be acceptable. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried ia�animmLSly. OF A SPECIAL USE PERMIT, SP #88-05, TO ALLOh' A �C�7 Cbimcilman Billings stated Mr. Lin�ner is out c� town and will n be able to atter�d this meeting. 1�TION by Co�cilman Billings to table this item. Seconde by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor ee declared the motioai carried Lmanitnrn�sly. I�,4J BUSII�SS: CONSIDERATION OF ANOKA COLJNTY JOINT T AI�ID 4�iS'I� RIDt RECYCLI 1�. Robertso�, CarcRUnity Development Dire or, stated this joint powers agreement with Anoka County covers re cling, composting, and waste reduction activities between July 1, 198 and Jiu'e l, 1989. He stated it is important to note there has been a ge in the County's Solid Waste Abatement Plan. I�e stated the City's ling reimbursanesit will be based o� tons recycled. He stated �mder is ftmding, the City could receive as much as 520,475 0� as little as $,076. Mr. Rabertson stated the General F�uid coz�tributica� to the recycl' g program, if the torma9e 9aa1 of 572 tons plus 10$ is met, wauld be $7,1 . He stated, iiowever, this figure will va�y with the an�tmt o� toa�s ed. Cbtmcilman Schneider as what the oost wvuld be if this agreement was in force today. 1�. stated atxut $7,000 as the City i�as met the 90�1 so far. Cbuncilman Schnei stated �mless sarething drastic happens, the f igures pznb�a}�ly wvulch�'t ge. Mr. Robertsoai stated Fridley has been the leader in the Cbunty f participati�. He stated in the worst scenario, the City would get as ittle as 51,000 and the City's subsidy would have to be increased. Council Schneider asked if the agreement could be terminated. Mr. Rnbert � stated it aould, but it is in tYLe best interests of the City to parti pate in o�c]er to obtain this subsidy. -4- 5F. . �� #8�-a� � Wayne Jo�n.son 22 �� /�wl' Uc/t '�- � � =/2R427 "' '� /�� /Jo �• � � _e� ' N . ' - � u. � '` � i o,ff , V �� . : . • c- ;. i --� ---° • : G� -�� - W W �`°` L� : ,. � ; �,�;, io,�+ _ . : Z � /o (o�) � . 1 Z� ,? c el _� 1_ __ Z• Z� u1 // ��B)' Z /9 , ? 190�: /9 ��a� /Z (o�) �� %B �q1 ,�s � �o ,'B �.1 /.j��e) : � � ' v �-1- - - ql ` �- ' 17 u� /� �n)' � � /7 , V) ; /6_� �s � � /� /� ° V) /6. S9TH AVENUE N.E. ,>�5 ,�f � '� q�' �! �� e O �� , ' ~ � 29 �� '� �1� M 2i �1� ,�s� � '� Z Z B ��:. 28 41 : : Q N ' 2 � �f = � � 1 �� ,�3) 4 (L' _. ` , 5 h�>� N � � � b� - - -.� --- -� M L� % r 25 . •s�� E . 24 � ��,� � = 24 �y,� � 7�,�� : ��,1 : : � � b ;,�y : : �yoi23 8 Y _ � a ,i11�� 9 � `y1 : . _. ..a _ .� .a f1 � .:.i.� 5G I�� Zf?z:� ir.�__.��, '" "��J�lt 06 � � / �`��-g° � 1�11 . °_� C:° � �'�-i3si�1 `1i 2 79 � , g --=4-- �- 1�. � , � � c �y 'f ^ �4 i — T — M. f � � c�nroF fR1DLEY zv: FROM: DATE: PLANNING DIViSION MEMO RAND LiM � Jock Robertson. C1aRm.a�ity Develognent Directo� CitY Cburycil Manbers Kathlyn Castle, Plarining Assistant July 6, 1988 RDC,ARDIlVG: Special Use P�nit, SP #88-02, 7178 University Avenue N.E. This germit allows the petitioner, Greg Asproth, to operate a snack bar. billiard and arcade hall at 7178 University Avenue N.E. A stipulation to this permit requires City Courycil review at the er�d of June. Staff has evaluated this c�peratioai ar�d has determir�ed that the petitioner has cat�lied with all of the stipulations attached to the pernut. Zt�ese are: 1. 1�rcade will be limited to three c�am,es. 2. Limit seating to 20 seats in lounge area. 3. Busir�ess to close at 1:00 a.m e�acept o� Thursday, Friday and Saturday 2:00 a.m. to be allaved. 4. Security lights for entire parking lot (approved by staff ) to be installed prio� to openirx3. 5. Business will sign anal enfc�ce curfew fo� mim�s. 6. Busi�ss will provide adeqz�ate adult staff at all times with at least two adults on staff frcm 6:00 p.m to closing on Fridays ar�d Saturdays. 7. Business aperatc�s to patrol parking lot arri manage its misuse. $. Zburr�nt andlor league play will rnt be program�ned during regular weekday busir�ess haurs. 9. No alooholic beverages will�be served or allowed on prenises. 10. Development own�er will accept limitations on occupancy of remaining vacant space staould parking sho�tages results. � 11. Special use permit to be reviewed by q�ur�cil an June 2 0, 19 8 8 or sooner if. C�.ty deteizniries there is a mar�age�ent problan which requires further restrictions c� renoval. During this review, staff vontacted the petitior�er, N�. Asproth, who stated that he w�u1d like to see sane of these stipulations changed. Mr. Asproth sent the City a letter dated July 1, 1988 outlining his requests (see attacheci) . KC/dn , 1�-88- 170 0 6A July 1, 1988 City of Fridlev 6431 University Avenue N.E. Fridley, Minnesota 55432 Re: University Billiards 7178 University Avenue N.E. Fridley, Minnesota Council Meeting July llth, 1988 We would like to thank Fridley Planning Commission and the City Council for the opportunity to start our business in Fridley. So far we have had great response from our customers including compliments about location, quality, decor and cleanliness. We believe that we have created a mainly adult pool room and the nicest in the midwest. We have followed all the stipulations and have strictly enforced all the rules we described at our meeting. We have had no trouble at all,including parking and invite all of you to come and see our place for yourselves. Due to our positive record we are asking for a few changes in stipulations to help us accommodate our customers better and for profit. In regard to stipulation #1 - Right now we are limited to (3) three video games, football, hockey and baseball, played by a majority of adults. We have room for and feel it very important to add 3 more games. Stipulation #2 - University Billiards has not and will not become a hang-out for kids. We have found that by enforcing the curfew kids don't bother coming in our place when they can go one mile down the road and stay later. We are asking to negate the restriction of chairs in our lounge. We are hoping to add a big screen TV for sporting events and feel this fall we may need more chairs. Stipulation #3 - We have many requests from 2nd and odd shift adults for later hours. We loose alot of business to Doc's ( No closing restrictions) and C.R, Billiards (4:00 A.M.) when we close. We believe we have set a solid standard of�enforcing rules and later hours would cause no problems. Stipulation #8 - At this time we have no plans for any daytime leagues but would like the opportunity for a womens winter leagues and summer junior leagues. During these times business is usually slow and no parking problems would occur. Thank you for your consideration. Greg Asproth Ty Wilson i �� _ C11YOF F[ZIDLEY • : C1VIC CENTER • 6431 UN[VERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE (612) 57f-3450 �i MM� _�� 1-i � Mi� fTi+Mi7�� : :��t� ► �1 «�i Greg Asproth 12748 Monroe Street N. E. Blaine, AIId » 434 March 7, 1988 On February 22, 1988 the Fridley City Council off icially approved your requesk for a special use permit, SP #88-02, to allow a billiard, an arcade a e�ack bar an Lats 4, 5 and 6, IIlock l, Paon Industrial Park, the same being 7178 University Avenue N. E with the fallowing stipulations: l. Arcade will be limited to three games. 2. Limit seating to 20 seats in loulge area. 3. B�siness to close at 1:00 a m. except on Thursday, Friday and Saturday 2:00 a m to be allawed. 4. Security lights for entire parking lot (approved by staff) to be installed prior to apening. 5. Business will sig� and enforae wrfesa for min�ra 6. &siness will prwide ac3equate adult staff at all times with at least two adults on staff fram 6:00 p.m. to closing on Fridays and Saturdays. 7. Bisiress operators to patrol garking lot and manage its misuse. 8. Tournament and/or league play will not be programmed during regular weekday business hours. 9. No alcohcal ic beverages will be served or allowed on prenises. 10. Developnent owner will accept 1 imitations on occupancy of remaining vacarYt spaoe should parking shortages result. 11. �ecial use permit to be reviewed by Coincil an Juie 20, 1988 or sooner if �ity determires there is a management problen which requires further restrictions or renoval. � Greg Asproth ' March 7, 1988 Page 2 If you have any questions regarding the above action, please call the Planning Depar�haent at 571-3450. Sinoerely Q�Q'� ' '1'n�d� Janes L. Robinson Planning Coordinator JLR/c�a . Please review i�he noted stipulatians, sigi the stateznent belaw and return one copy to ti:e City of Fridley P1arL�ing �e�r��:t by March 21, 1a88. , s � _�L..�i� `�� f� � _ • • � - 0 6C �� _ �. _ �. � a, g� �- q �4 •- .j - N M- Z Q �t... = p m z<g� N � t`a �"� O D N� u< C�i z• ��ti�w � m � �<�� z1 �� .;~-�� 'j .v-,� I � b sP ��ss-o2 6Dc . 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ZO: JANII�S P. HIId,, ALTII� QTY !!i�lGIIt I�CM: RIC��ARD D. PRIB�� FII�g1NCE D�2F7(a.�t S'IlB.7EX.T: BI� -�1RIWARE� 90F'�RE Ai�ID SFRVICF� DATE: Jt]I,Y 19, 1988 On July 8, 1988, bids were received and opened for computer hardware, software and services. The bid notice allaws the City to accept the law bid package or to accept the low bid by incaividual iteqr�. Attachec� are two bid recap forms: 1)shaws the law bias on a �ckage, and 2) shaws the laa bids by individual iteqn. Zhe lavest bi� p�ckage is Radio Shack/Tandy Corporation. However, they dia not bid on the oomplete package in the bia specif ications. The City would have to let the bids by type of harc�are/software if we were to aonsider their bict. The next laaest bidder was Offioe Products with a bia of $83,875 but they ai� not have oomplete pricing on training. They also had two errors in their bid. �e f irst error was in calculation. They neglectea to add in $15,028, which was listed in the bid proposal for Schedule 2- Software. Zfie second error was in bidaing only one ta�e backup and interface when it shoula have been six tape backups anci 24 additional interfaces for $8,796. They have corrected the second error, bringing the bia to $92,671. In discussing the f irst error with the City Attorney's office, the $15,028 must be added to the total bid making an adjusted bici of $107,699. If the City were to award the bid to the lawest bic�der by item, the total cost for the hardware/software would be $96,278. This would include seven ne�a PC's rather than upgrading old equipment and is belaa the amount budgeted. It is the reoommendation of the consultant, Mr. Stern of Chapel Consulting, that the City buy the equipment by line item. SpecificaZly, awarc3 the bids in four groups: PC's, printers, software and training. A list of the venaor and the recommended equipnent is attached. It is also their opinion that it makes sense to buy new PC equip�►ent to gain the additional power versus upgraaing old equipnent with hardware prohlens. Radio Shack/Tandy Corp. AmeriData Office Products Sears Business Syste� ComputoService, Inc. * LOW BID ��, � B�S Total Hardware Total Software Charges Charges -------------- -------------- - 87,476.70 77,165.00 * 77,625.00 86,994.10 122,159.00 77,165.00 517.26 * 14,030.00 15,028.00 14,765.00 0.00 517.26 Total Other 4,650.75 7,100.00 6,250.00 4,403.47 * 14,056.00 4,403.47 .. Total System Cost 92,644.71 * 98,295.00 107,699.00 106,162.57 136,215.00 92,644.71 7A u PC'S: AMERIDATA 80286 PC'S MICROSOFT MOUSE IRWIN TAPE INTERFACES SURGE SUPPRESSORS LOW PC EQUIPMENT BIDS --------------------- 20 � 2005.00 1 ! 130.00 6 @ 550.00 31 ! 105.00 31 @ 45.00 PRINTERS: OFFICE PRODUCTS ------------------------- HP LJ II HP DESKJET OKIDATA #321 HP LJ II + (DTP) HP SCANNER (DTP) INSTALLATION APPROX 8 @ 1789.00 2 � 699.00 2 Q 569.00 1 � 3695.00 1 Q 1492.00 SOFTWARE: SEARS & HEN CNTY CONTRACT ------------------------------------ ;"PARADOX %.PAGEMAKER �HARVARD GRAPHICS WORD PERFECT 7RAINING: SEARS ---------------- TRAINING 1 Q 400.00 1 � 475.00 1 @ 275.00 31 @ 198.00 REPLACEMENT OF OLD PC'S ----------------------- 40,100.00 130.00 3,300.00 3,255.00 1,395.00 14,312.00 1,398.00 1,138.00 3,695.00 1,492.00 1,700.00 [t� � AMERIDATA AMERIDATA AMERIDATA AMERIDATA AMERIDATA OFFICE PRODUCTS OFFICE PRODUCTS OFFICE PRODUCTS OFFICE PRODUCTS OFFICE PRODUCTS 400.00 SEARS 475.00 SEARS 275.00 SEARS 6,138.00 HEN CNTY CONTRACT 3,040.00 SEARS 80286 PC'S 7 Q 2005.00 14,035.00 GRAND TOTAL WITH NEW PC'S �96,278.00 ----------------------------------------------------------------------------------- UPGRADING COSTS OF EXISTING PC'S - MEMORY 3 @ 325.00 - SEAGATE 30M 7 @ 350.00 GRAND TOTAL WITH UPGRADED PC'S ** NEW PC'S INCLUDE - 80286 PROCESSORS COLOR MONITORS ENHANCED KEYBOARDS 975.00 2,450.00 $85,668.00 AMERIDATA AMERIDATA �; -s; i��1� • A RF.9Cd�IDN AQi�2IZIl� AIID DIRECPII� �E SPLI'i'PIL� OF SPSCIAL ASSESSir[FI�15 ON: ADDI�R' S SQBDIVISION #88, �S 200, 1840, 2000, AI�ID 1500, A1�ID RHGISTERID L�ID S[at�iEY #l�� B WHEREAS, certain special assessments have been l�vien with respect to certain land and said land has subsequently �een subdivided. 1�7W, ZiiEREFORE, BE IT RF50LVED as f ollaas : That the assessments levied against the follawing described parcel, to-wit: Parcels 200, 1840, 2000, and 1500, Auditor's Subdivision #88 and Registered Land Survey #100, Tract B may and shall be apportioned and divided and replatted as follaas: • . �. { ►_- _ Auditor's Sub �88 Parcel 1500 Pt of Lots 16 & 17 Pin No. 13-30-24-34-0004 Auditor's Sub #88 Pt of Lot 16 Pin No. 13-30-24-34-0018 Auditor's Sub #88 Pt of Lot 17 Pin No. 13-30-24-34-0019 Reg Land Survey #100 Tract B Pin No. 13-30-24-34-0021 Auditor's Sub #88 Parcel 200 Lot 4 Pin No. 13-30-24-34-0001 Auditor's Sub #88 Parcel 2000 Lot 17 Pin No. 13-30-24-34-0007 , Auditor's Sub #88 Parcel 1840 Pt of Lot 17 Pin No. 13-30-24-34-0006 � Oriainal. Amotmt Reg Sp,(W�N1) Paid 1966 Service Conn.(WL) Paid ST 1966-6(ST) Paid ST 1966-2(ST) Paid SS �132 (SS) $12,528.96 Reg SA(wSM) Reg SA(Serv Raad) 1966 Serv Conn(WL) ST 1966-6(ST) ST 1966-2(ST) 1970 Serv Conn(SL) SS #132 (SS) Reg SA(�VSM) ST 1966-2(ST) SS #132(SS) Reg SA (WSNl ) SS #132(SS) Reg SA(YdSM) ST 1962-1(ST) SW &SS #58(SL) SS #132(SS) Reg SA(WSM) ST 1962-1(ST) SW & SS #58(SG) ST 1966-2{ST) ST 1977-1(ST) SS #132(SS) ST 1966-2(ST) SS #132(SS) Paid Paid Paid Paid Paid Paid $6,189.89 Paid Paid $9,530.11 Paid $3�643.02 Paid Paid Paid $2,157.60 Paid Paid Paid Paid Paia $30,241.12 Paid 53.552.85 $67,843.55 : L • •' Auditor's Sub #88 Pt of Lot 16 & 17 Pin No. 13-30-24-34-0025 Shor�saood Plaza Lot 1, Block 1 Pin No. 13-30-24-34-0026 Shor�aood Plaza Lot 1, Block 2 Pin No. 13-30-24-34-0027 Shor�aood Plaza Lot 1, Block 3 Pin No. 13-30-24-34-0028 Shorewood Plaza Lot 2, Block 3 Pin No. 13-30-24-34-0029 Shor�wood Plaza Outlot B Pin No. 13-30-24-34-0031 Shorewood Plaza Outlot C Pin No. 13-30-24-34-0032 REG SA (WS�1) 1966 Serv Conn(WL) ST 1966-6(ST) ST 1966-2(ST) SS #132(SS) Reg SA (W�Ni) Reg SA(Serv Road) 1966 Serv Conn (WL) ST 1966-6(ST) ST 1966-2(ST) 1970 Serv Conn(SG) SS #132(SS) Reg SA(WSM) ST 1966-2(ST) SS �132(SS) Reg SA(WSM) ST 1962-1(ST) SW & SS #58(SG) ST 1966-2(ST) SS #132(SS) Reg SA (tivSM) ST 1962-1(ST) SW & SS #58(SL) SS #132(SS) Reg SA (itiSM) ST 1966-2(ST) ST 1977-1(ST) SS #132(SS) ST 1966-2(ST) SS #132(SS) �l� Paid Paid Paid $12�528.96 Paia Paid Paid Paid Paid Paid $6,189.89 Paid Paid $13,173.13 Paid Paid Paid Paid $15,161.28 Paid Paid Paid $16,027.80 Paid Paid Paid $1,209.64 Paid 53.552,85 $67,843.55 PASSID A1�ID AD0P1'ID BY T� QTY (DONCIL OF T� CITY OF FRII�EY THIS DAY OF , 1988 AZ'i�ST: SHIIrGEY A. BAAP�LA - CITY Q�IItR 3/0/18/1 WIIZIANI J. I�E - MA]�R • � CITY OF FRIIS,EY MIIN� �: NASIM M. QURESHI, QTY MAN�II2, AND CITY Q�LINCSL FROM: RIC��ARD D. PRIBYL, FINANC� DIREC'110R SUBJEGT: RES(�,UTIUN SPLITTING SPECIAL ASSESSMENP EOR �iE JULY 25, 1988 AGIIVLY� L1ATE: JL1LY 14, 1988 We are �resenting the attached resolution to the Council to oomply with the legal requirgnents regarcling the splitting of special assessments on these properties. The property involved is the new plat of Shorewood Plaza P.S.�87- 06. Approved July 20, 1987 by Resolution #60-1987. These clivisions and replatting have been rec�rded at Ar�oka County. RP/ttLs . , . . : — '� � _ � — _ •. .=..�.w .*�� _ _ _ . t � 1_,._ �— �'�T.�-''r"�.+`'T'«�+» . 3 ' x Ka Q�O f � I s �nna�� v111N7� 1 ---� ..a. '~ '� � s = � I � •�*.. � i : - � " " � =� ( � �# � ~ �- , • wk ' • � • � • �_ � G I �� _ - I � , �c+ , : �i i � ., . Z ;' 5� i .. � . 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'�;ij .., , .... 0 RESC�,UTION ND. - 1988 A RF�QLUTION ZO Q3RRDCT IItF�t ADID � RF5Q1�ID WEED CHARGE C�tTIFIID ON PIN N0. 25-30-24-42-0012, AND TO RECERTIFY THIS WEED CflARGE ON PIN N0. 25- 30-24-22-0012 FOR THE SEQ�PID HALF OF 1988 TAX STATII�IEL�Tr WHII�EAS, a weed charge in the amount of $105.80 was certif ied to Pin No. 25-30-24-42-0012 gayakale on the 1988 Tax Statement,and WI�tEAS, this weec3 charge in the amount of $105.80 should have been certif ied to Pin No. 25-30-24-22-0012, 1�DW, THII2EFl�RE, BE IT RESOLVED as follaws : That the original certification be rescinaed and the weed charge be recertified, as follaws; Pin No. 25-30-24-42-0012 Pin No. 25-30-24-22-0012 Weed Charge in the amount of $105.80 be renoved fratn this property Weed Charge in the amount of $105.80 be certif ied to this property, payable on the seoond half of the 1988 Tax Statesnent PASSED AND ADQPi'ED BY THE CITY QOUNCIL OF THE CITY OF FRIL�,EY THIS L1AY OF , 1988. A7.'I�'ST: SHIRLEY A. H�AE�ALA - CITY CLE�2K 3/0/18/13 0 WILLIAM J. NEE - MAYOR � 0 MF1�S0 �: NASIM M. QURFSHI, CITY MANAGFR, AND CITY QOiJNClL FROM: RI(I�ARD D. PRIB�,, FINANC.E DIREGTC)R SUBJECT: RF�OLUTION C�i�II� C�2TIFICATION OF WEED CHARGE ZO DIFFII2IIVT PARCEL L�,TE: JULY ll, 1988 We are requesting that the Council approve a resolution removing a Weed Charge which was certified for collection on the 1988 Tax State�nent on Pin No. 25-30- 24-42-0012, in error. We are also requesting that the Council approve under the same resolution reoertifying this Weed C�arge for oollection on the second half of the 1988 Tax Statement on the correct property-- Pin No. 25-30-24-22-0012. This resolution, when approved by the City Council, will be forwarded with an abatement form as required to Anoka County, and to the State of Minnesota, Department of Revenue. . �. � 9A RF.�O�,UTION ND. - 1988 A RESQLUTION AUZHORIZIl� AND DIREGTIl� ZHE �INATION OF gpE(�AL ASSFSSME[�PS ON: �TAL 2I�ID ADDITION, LOTS 3 AND 4, BIACR 1(PIN N06. 13-30-24-- 33-0005, 13-30-24-33-0006, A1�ID 13-3 0-24-3 3-0 0 07 ) W�IE�tEAS, certain special assessments have been leviea with respect to certain land and said land has subsequently been subdivided. I�UW, THEREFl7RE, BE IT RES�VED as fol3aas: That the assessments levieci against the follawing described parcel, to-wit: Herwat 2nd Addition, Lots 3 and 4, Block 1, may and shall be co�r,bined and replatted as f ollaws : Or�„ainal Parcels Herwal 2nd Addition Lot 3, Block 1 Parcel 150 Pin No. 13-30-24-33-0005 Herwal 2nd Addition Pt. of Lot 4, Block 1 Paroel 250 Pin No. 13-30-24-33-0006 Herwal 2nd Addition Pt. of Lot 4, Block 1 Paroel 280 Pin No. 13-30-24-33-0007 E��.�'�'� Herwal 2nd Addition Lots 3 and 4, Block 1 Pin No. 13-30-24-33-0046 � Reg SA (itiSM) W#34(WL) SW#48-C (SG) ST I966-2(ST&SLWR) ST 1975(ST) Reg SA(WSM) W#34(WL) �nT#48-C (�SSE�tV) ST 1966-2(ST&SLWK) Reg SA(WSM) S#91(SG&SE�2V) Reg SA(�vSM) W�34(WL) .�,W#48-C(SG&SII2V) ST 1966-2(ST&SLWK) ST 1975(ST) S#91(SG&SERV) � . � �,• Paid Paid Paid Paid Paid Paid Paid Paid Paid Paid ,�1.237.48 $1,237.48 Paid Paid Paia Paid Paid 51.237.48 $1,237.48 PASSID AND ADOPTED BY THE CITY aDiJNCIL OF TfiE CITY OF FRIDLEY THIS 1aAY OF ► 1988. AZTEST: SHIRLEY A. fIAAPALA - CITY Q,E�2R 3/0/18/16 WILLIAM J. NEE - MAYOR 10 CITY OF FRID�,EY ME�'f0 Z0: IVASIM M. QURESHI, CITY r1ANFGER, AND CITY �IJNC�L FROM : RIC�3ARD D. PRIB�,, FINANCE DIREC.TOR SUBJECT: RESOLUTIONS Q�I��INING AI�ID REPLATTING SPECIAL 1�SSE5S1'�NTS FqR THE JULY 25, 1988 AGII� L�ATE: JULY 20, 1988 We are presenting the attached resolutions to the Council to corr�ply with the Iegal requir�nents regarding the oombining of special assessments on these proFerties. This combination and replatting have been recorded at Anoka CotuZty. .�."i7� 10A �` !/� o � /fo � �1� �: � � !� !li , � N , � `� �� O � v� � � f»� �� `t) h�l �w� �� q � � /.ox) �>o � isro) � • � 23�` I � O - . ; @� . � � • _ , W . - �� /�'E � !�� ; s s' �� .�► (�io>M1 � `• � ' . � ° ,,. � �., g BLVD. 2 -:'� : . � . <+�jz 5 :;:;s F►� •��• ti'1 z6a� z V� , � ` r.t �"%9 � 6 • P_ � , . ,. � �'l/G Ld/ .� �,� Q , L, ' t. �� iro � . : � � . � � a r� O� � t h t �rn� �q� 'r� $ � o � � JaT��r/ �s � 7s ��0 � � p � /Q ' g (r' ' 1 � -r.�: s .rr : . ��c� G4��, R � a�` � o �,,�"�►F�� ; ;. �,,9 . • e �, �so ,!o Q + � i .1 • � �_{�a ( . . w � ' //f V O � w.� � r,r ww� s,*r a, 1 �8��i$ !^"+' ( � o ,.�,. ' —al / � s �e ) • ° �, � �/ N A • ' s �•/J'O,O] 1 i t f • fi /1� I`,r�to �!(f�) �`Yr.9i � �� i/i c�i �&ri�+� ue j i t�. rM �N ' e .6 .: �'•� • �'� lf�� i Z �%/1G �� %�61` s . � 8 ii1� ;p � Q: � �� - � •• � If) � W w 2(b) w � � _ �.sr !. � + , �o rn ty�� .i l�")� Y '� �) Q 2•ac 3+. �os� r 1 �r� '..'__ .r�..= s•• .- .. � � Q � w J Cssp� (� ��D y� � �e: � • � : �t �� d, ` . � � � � , ,��.�� . �,, HER AL, - � �� . . . % o ...... ••.� w 2 s3 � ' � � . ;9ia,til� g .'�JOXii�i � 2of,i� � � • �t � 0 � �J � �2aoJC>> � �ioo� �� c3 �;�� -. I.�'� .00 � .00 � � tir, �li��+�) ,� �y�p) La� � w 5��w _ �DDi 1�� b p� � : A U D t T 0 t� � f i\h� 6 / Q 4fs) , ¢ . \� � . (�� ' t.«v . o (, �'' (� �) 4� �SO� 3`; co�a �.. �a ti .o. �o �s � . . -3 �i b � 8 � _____ ` WEST '' � '° � o. ; � � '' DORE �ti� . : 1 � ��p : LI�KE . DRIVE � ; i b) ,%J �?l is � � � � � ��` �� t � � e,''� ; � 3 2 � �'•�. �...._.� � . ' ,; � � , : Q : , ti(t�) 3 ZB � . •C• � � 1'� ` _ �-J' � . c� ' . �' � �1� � C ,�''�� . • /�!/�tl� . o y � 0 ; 1a� , � Q L �` � ;` � � SUB� ,' � � �� , ; � � - �r o� oa��or �2 . . ` O ;\(/7�T�� so� (R •1 . O�/ �� L,J/' �� ` �� ` . - �`� J� R. � . . Z �, � � . �` . _ ��.� , _ �' � �'.�.F ;, S,M. �i�! J - \ . . � � � � ` � � �• `''' � �� • . s„i� Ay�'� - � `• �2�� '�� su � I i' �/ . o i. 7:� �� .r� . - , ti • ti.►� .. _ - - _ _ ` _��, - j /f/d �tB•!1 � � -- 1 � � . � � 33 � . � � Herwal 2nd Addition Lots 3& 4, Block 1 . � �L '' � • PJ': .� RF.90LtFI'IO�II N0. - 1988 RE9C7L�UTIO�T APPROVIl� A1�ID AU1�iORIZING SIGNING � P�R�Tr ESTABLISHING WORRTNG CONDITIONS, WAGES AND HOURS OF E�LOYF�S OF 'TEIE QTY OF FRIDLEY FIRE DEPARTMENT FOR THE YE'.AR I988 WHEREAS, the Internati�al Association of Firefighters Local No. 1986, as bargaining representative for the Firef ighters of the City of Fridley Fire L�e�rtxnent, has presented to the City of Fridley various reqwests relating to the working conditions, wages and hours of enployees of the Fire Depart�nent af the City af Fridley; and WF�REAS, the City of Fridley has presented variaus requests to the Union and to the anplayees relating to working conditions, wag�s and hours of eznployees of the Fire L�epartment of the City of Fridley; and hrHERFAS, representatives af the Union and the City have met and negotiated regarding the requests of the Union and the City; and wHEREAS, agreement has now been reached between representatives of the two parties � the proposed changes to the existing agreement between the City and the Union; NOW, �EFORE, BE IT RESOLUID by the City of Fridley that such agreement is hereby ratified and that the l+�yor ar.d the City N�anager are hereby authorized to execute the attached Agreanent relating to working conditions, wages and hours of Firef ighters of the City of Fridley Fire Depart�?ent. PASSID AND ADOFTID BY � QTY OQJNQL OF � QTY OF FRIDLEY 'IHIS DAY OF , 1988. ATI'EST : SHIRLEX A. NAAPALA - CITY CLERK WIC,LIAM J. 1� - 1�1YOR 11 11A MEMORANDUM NIENt) Zt�: U JAMES P. HILL, ACTIl� QTY I�NAGER FRCINS: WILLIAM C. H[JNP, ASSISTAI�TI' �'II� ✓ % `� . QTY � SC]&7ECT: FIREFIGHTER.S LP,BOR PGR�Nt' FC�R 1988 DATE: JLILY 20, 1988 Attached please find the labor agreenent and accompanying resolution setting forth the terms and conditions of employment for the. f irefighters in 1988. Apart fran changes relating to dates, typographical errors and sexist language, the follaaing are the differences between the 1988 and 1987 contracts: 1) In Section 14.1 the minimiun compensation for call-back af ter hours is iricreased frcm one-half hour to one lx>ur. 2) In Article 16 Columbus Day is el iminated f rom the specified holidays leaving nine holidays designated in the contract in Section 16.1. Section 1b.2 has been changed to allow for two additional gaid holidays at the discretion of the City Council. The total rnm�ber of paid holidays renains eleven. 3) In Article 21 the anployer contribution for group life and health insurance has been changed fran $175.00 per rnonth to $185.00 per month. This is the same amount as other anployees for the City of Fridley are receiving for 1988. 4) In Article 22 the 1988 rates of pay have been increased by 3 1/2$ over the 1987 rates of pay. I am also attaching copies of Resolution No. 108-1986 relating to the Einplayee Segaration Benefit Plan and Resolution No. 97-1987 relating to the Fl exibl e Benef it Pl an. A1 thaugh they are rx�t part of the labor agreement, these two resolutions continue to be in eff ect f or employees represented by the International Association of Firefighters, L�ocal Union No. 1986. I request that yau present this to the Fridley City Council for action at their meeting of July 25, 1988. wQ�/ss �closures � 14/20 11B � i� RESOLDTION N0. 108 - 1986 RESO1�)TION AUTHORIZING INCLUSION IN AN EliPIAYEE SEPARATION BENEFIT PIAN FOB EMPLOYEES OF THE CITY OF FRIDLEY FIRE DEPARTlSENT WHEREAS, upon separation from employment with the City of Fridley many employees encounter unforeseen expenses that can complicate the transition to other employment or to retirement status; and WHEREAS, it is in the interest of the City of Fridley to recognize the service of long-term employees by assuring them of assistance through this transition period. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley Chat effective January 1, 1986, any full-time, authorized employee of the Fridley Fire Department hired before that date who has been employed ten (10) years or more as a full-time authorized employee, upon separation from employment with the City of Fridley shall receive $200.00 for each full year of service up to a maximum of $4,000.00 for twenty (20) years or more of service. Time employed in a temporary, part-time, or paid-on-call capacity shall not be considered in the calculation of this separation benefit. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 6TH DAY OF OCTOBER, 1986 . � WILLIAM J. NEE - R ATTEST: �l SHIRLEY A. PALA - CI CLERK RESOIDTION N0. 97 - 1987 RESOLDTION AUTHORIZING INCIDSION OF CERTAIN F.�iPLOYEES OF THE FRIDLEY FIRE DEPAR�iENT IN THE FLERIBLE BENEFIT PLAN FaR CITY El�IAYEES � WHEREAS, the City of Fridley has established, effective June 1. 1987, a flexible benefit plan for City Employees which permits them to choose from a number of optional programs the benefits which most closely meet their individual needs; and WHEREAS� the flexible benefit plan contains an eligibility clause which states: "Employees covered by a collective bargaining agreement are eligible only in those cases where the collective bargaining agreement so provides or a separate memorandum of understanding is established in cnjunction with a new contract year. which must coincide with a plan year described under annual selection;" and WHEREAS, the International Association of Fire Fighters� Local Union No. 1986, has entered into a local labor agreement with the City of Fridley for the period of time from January 1� 1987� to December 31, 1987; and WHEREAS, representatives of the Union and the City have met and reached agreement regarding inclusion of union employees in the Flexible Benefit Plan; and WHEREAS. the aew contract year for the Flexible Benefit Plan for City Employees runs from September 1, 1988, to August 31, 1989. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley that full-time authorized employees of the Fridley Fire Department represented by the International Association of Fire Fighters� Local Union No. 1986, are hereby included in the Flexible Benefit Plan for City Employees effective September 1. 1988; and BE IT FURTHER RESOLVED that the I�iayor and the City Manager are authorized to sign the attached memorandum of understanding relating to inclusion of certain employees of the Fire Department in the Flexible Benefit Plan for City Employees. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 7TH DAY OF DECEMBER, 1987 C/V ^ � ^ ,��- iJILLIAM J . NEE YOR ATTEST: � t ; �, l � S H I RI.EY A. AIA - C TY CI.ERK 11C _____ � 2�EMORANDUM OF IINDERSTANDII�GG BEIWEEN TSE CITY OF FRIDLEY AND THE IldTERNATIONAL ASSOCIATION OF FIRE FIGHIERS LOCAL IINION N0. 1986 AFL-CIO It is agreed that members oP the local Fridley bargaining uait of the International Association of Fire Fighters, Local Unfon No. 1986 (AFL-CIO) shall be eligible for participation in the Flexible Benefit Plan for Citq of Fridley Employees effective September 1, 1988. IN WITNESS WI�REOF, the parties hereto have executed thia Memorandum oP Understanding on this 7th day of December , 1987. FOR THE CITY OF FRIDLEY ��L I ' • - , ��""W�^ Nasim M. Qureshi, City ManaBer William J. e, Mayor FOR THE INTERNATIONAL ASSOCIATION OF FIRE FIGHIERS, LOCAL UNION N0. 1986 • �� ,yLJt , .fjt Dennis M. Ottem, President 1/10 ilr;� ,�z.h�► - Ho�rard H. Simonson, Seeretary 1�D �. - . - . �,-�� « . -�. . �. � � �1'1 � •: � `� M • f: �` �!!� �1 _!•s44��_ !u' _ • 11E 11F FIREFIGHTERS IACAL N0. 1986 Q�TPR1yCT FOR 1988 TABI�E OF �II�TiS ARTICLE PAGE I P[JRP�SE OF AGRF�]'r . . . . . . . . . . . . . . . . . . . . 1 IIRENGNITION . . . . . . . . . . . . . . . . . . . . . . . . 1 IIIDEFINITIONS . . . . . . . . . . . . . . .. . . . . . . . . . 1 1V II��LOYER SECTJRI'I'Y . . . . . . . . . . . . . . . . . . . . . 3 V II�L,OYER AU'I�iORITY . . . . . . . . . . . . . . . . . . . . . 3 VI LINION SEQTRITY . . . . . . . . . . . . . . . . . . . . . . 3 VII II�LOYEE RIGfi'i5 - GRSEVANCE PROCEDC7RE . . . . . . . . . . . 3 VIII SAUIlVGS CLAUSE . . . . . . . . . . . . . . . . . . . . . . . 6 IXSII�IIORITY . . . . . . . . . . . . . . . . . . . . . . . . 6 � XDISQPLIl� . . . . . . . . . . . . . . . . . . . . . . . . 6 XZWCJftK SQ�J[TLES . . . . . . . . . . . . . . . . . . . . . . 7 XIIANNlJAL L�'AVE . . . . . . . . . . . . . . . . . . . . . . . 7 XIII SfiORT 'I�RN! DISABILI'PY . . . . . . . . . . . . . . . . . . . 9 X1V PAY FOR CAI� BAQZ Ai�ID DRILLS . . . . . . . . . . . . . . . 9 XV II�1P'LC�YF.E IDUCATION PROGRAM . . . . . . . . . . . . . . . . .10 XVIHOLIDAYS . . . . . . . . . . . . . . . . . . . . . . . . .11 XVII PRCIBATIONARY PERIODS . . . . . . . . . . . . . . . . . . .11 XVIII FTJ1�R1�L PAY . . . . . . . . . . . . . . . . . . . . . . . .11 XIXJTJRY PAY . . . . . . . . . . . . . . . . . . . . . . . . .11 XX iJNIF'ORM AI�L�NIANC'E . . . . . . . . . . . . . . . . . . . . .11 XXIIlVSI7RANC� . . . . . . . . . . . . . . . . . . . . . . . . .12 XXIIRA'1'E.S OF PAY . . . . . . . . . . . . . . . . . . . . . . . .12 XXIII ADDITIONAL INC�!'IVE PAY . . . . . . . . . . . . . . . . .12 XXIV ' CX7LLF7GE CRIDITS . . . . . . . . . . . . . . . . . . . . . .12 XXt7S�;VERF�iCE PAY . . . . . . . . . . . . . . . . . . . . . .13 XXVIWAIVIIt . . . . . . . . . . . . . . . . . . . . . . . . . .13 XXVIIDURATION . . . . . . . . . . . . . . . . . . . . . . . . .13 , : �;' • H' � � I �1 �� M • ` ' �� • I� ! �1'/ • �; P ` � M • •; •:" � �• � r, a�- � v� • • •�. � • - �+�+ ia+ This AGREEMENT is entered into as of July 25, 1988 between the CITY OF FRIDLEY, h,ereinaf ter cal led the II�LOYER, and the Il�TI�RNATIONAL ASSOQATION O�F' FIl�E FIGHTERS L�O�L Nq. 1986, hereinafter caZled the UNION. It is the intent arbd purpose aF the PGRE�]'r to: 1.1 Establish procedures for the resolution of disputes concerning this AGREII`�'I" S intezpretatian and/or applicati�; and 1.2 Place in written fozm the parties' agreenent upon teYms arid conditions of emplqnrent far the duration of this AGREII+�IT. ARTICLE II REQ'�1ITIO�T The II��I,OYER recognizes the UNION as the exclusive representative, under Minnesota Statutes, Section 179.71, Subdivision 3, for all personnel in the follaving job classifications: 1. Firefighters 2. Fire Captain ARTICLE III DEFIl�]ITI�TS 3.1 Union Th�e International Association o� Firef ighters Local No. 1986 . 3.2 Union NiFSnber A menber aP the International Association of Firefighters Local No. 1986. 3.3 �loyee A member of the ea�clvsively recognized Yaargaining tmit. 3.4 De�r�ent The, Ci.ty of Fridley Fire Department 3.5 F�loyer The City of Fridley 1 11G 3.6 Chief The Chief o� the Fire Depart�nt of the City of Fridley. 3.7 Union Of f icer Officer elected or appointed by the International Association of Firefic�ters Local No. 1986. 3.8 Overtime Work perfonned at the express authorization of the II��LOYE�t in excess of the rn�mber oF haurs in a work period specified by the federal Fair L�abor Standards Act. 3.9 Scheduled 5hift A consecutive work period including two rest breaks and a lunch break. 3.10 Rest Breaks 'ItNO periods during the SQ�DULID SfiIFT during which the enplvyee ranains cai continual duty and is responsible for assigned c�uties. 3.11 Lunch Break A period during the S�ID SHIFT during which the anployee renains on continual duty and is responsible for assigned c�uties. 3.12 Strike Caricerted acticn in failing to report for duty, the willful absence fran ane's positio�, the stoppage of work, slanrdown, or abstiner�ce in whole ar in part fram the full, faithful and praper performance af the duties of enplayment for the purposes of inducing, influencing or coercing a change in the oonditi�s or ocmpensati� or the rights, privileges or cabligati�s of enplayment. 3.13 Base Rate of Pay The IInplqree's hourly rate of pay exclusive of longevity or any other special allawance. 3.14 Oa�ensatory Time Time off during the enployee's regularly scheduled work schedule equal in time to 1.5 times werti�e w�orked. 3.15 Severence Pay Payment mac3e to an gnplvyee upon hpnorable separation of enployment. 3.16 Sala A fixed payment at regular intexvals for services as set forth and agreed to in this oontract. 2 . 11H 3.17 canpensation Salary reduced by those amaunts as required by law and/or authorized by the emplvyee. � � I• • �1' `1 • ' The tTNION agrees that during the life of this P,GREII�NT it will not cause, encourage, participate in or support any stirike, slow-down or other internzpti� of o� interference with the normal f�mctions of the II�LCJYIIt. ARTZQ�E V II�LAYIIt AUZIiORITY 5.1 The EN�LOYIIt retains the full and unrestricted right to operate and manag�e all manpawer, facilities, and equignent; to establish functions and programs; to set and amend budgets; to determine the utilization of technolo�; to establish and modify the organizational structure; to select, direct, and determine the rn��ber of personnel; to establish work schedules, and to perform any inherent managerial function not specifically limited by this AGREQ�1'I'. 5.2 Ariy ternn and conditicn of enplayment not specifically established or modified by this AGitE� shall renain solely within the discretion of the E�L�OYER to modify, establish, oz eliminate. ARTICLE VI LRVIaN SEQJRITY 6.1 The II�LOYER shall deduct fran the wages af anployees wh� authorize s-�ich. a deducticaz in writing an a�naunt necessary to caver monthly UNION dues. Stiich ntioriies shall be ranitted as directed by the TJNION. 6.2 The UN.LON may designate enployees fram the bargaining unit to act as a steward arid an alternate and shall inform the EMP'LOYER in writing of such choice and changes in the position of steward and/or alternate. 6.3 The II��LOYIIt shall m�ke space available oaz the enployee bulletin board far posting LTNION notice (s) and announcenent (s) . 6.4 The LTNION agrees to indennify and hold the EN�LOYER harnnless against arYy and all claims, suits, arders, or jwd�nts brought or issued against the EMPLOYER as a result of any action taken or not taken by the II�LOYIIt undex the prwisi�s of this Article. ARTICLE VII EN1Pls0YF.'E RIC�IS - C�VANCE PROCF�DURE 7.1 Definition of a Grievance A grievance is defined as a dispute or disagreement as to the interpretaticn ar applicati�n of the specific terms and conditions of this AGR�IT. 7.2 Union Representatives The II��L,OYIIt will recognize REPRESIIV'I'ATIVES designated by the UNION as the grievar�ce representatives of the bargaining wzit having the duties and responsibilities established by this Article. The UNION shall 3 111 11J notify the EMPLOYER in writing of the names of such UNION REPRE,SIIVTATIVES and of their successars when so designated as pravided by Sectian 6.2 of this AGRE��]T. 7.3 Processing of a Grievance It is recognized and accepted by the UNION and the EMPLOYER that the processing af grievances as hereinaf ter pravic3�ed is 1 imited by the j ab duties an+d responsibilities of the EMPLOYEES and shall therefore be accamplished during normal w�orking hours �ly when aonsistent with such F�Z,OYEE duties and responsibilities. The aggrieved EMPLOYEE and a UNION REPRESENTATIVE shall be allaved a reasonable amount of time withaut loss in g�y wh�er► a grievance is irivestigated and presented to the ET�I,OYER during nprmal w�rking haurs provided that the EN�'LOYEE and the LTriION REPRESIIV'I'ATNE have r�tif ied and received the appraval of the designated supervisor who has determined that such abserbce is reasonable and wauld not be c�etrunental to the work programs of the II��LOYIIt. 7.4 Procedure Grievances, as def in�ed by Section 7.1, shall be resolved in oonf ormance with the follaving procedure: Step 1• An EMPLOYEE claiming a violation concerning the interpretation or appl icatica� af this AGRE�Fr shal l, wi thin twenty-one ( 21) cal endar days af ter such alleged violati�n has occurred, present such grievance to the EMPLOYEE'S supervisor as designated by the EMPLOYER. The F�'LOYER-designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 arid appealed to Step 2 shall be placed in writing setting farth the nature af the grievance, the facts on which it is based, the pravision or prwisions of the AGREEMENT allegedly violated, the ranedy requested, and shal.l be appealed to Step 2 within ten (10) calendar days af ter the II�LOYER-designated representative' s fi.nal answer in Step 1. Arry grievance r�ot appealed in writing to Step 2 Ly the UNION within ten (10) calen�dar days shall be considered waived. Step 2 • If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER-designated Step 2 representative. The II�IAYEI� designated representative shall give the UNION the EMPLOYER' S Step 2 answer in writing within ten (10) calerr3ar days af ter receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the II�I�C'JYII2-designated representative's fir�al Step 2 an�aer. Ariy grievarrce not appealed in writing to Step 3 by the i7NION within ten (10) calendar days st�all be considered �waived. Step 3 • If appealed, the written grievance sha1Z be presented by the UNION and discussed with the EMP'LOYER-designated Step 3 representative. The EN�I,OYII2- designated representative shall give the U1�IION the EMPLOYER' S 4 11K answer in writing within ten (10) calendar days af ter receipt of such Step 3 grievance. A grievance n4t resolved in Step 3 mzy be appealed to Step 4 within ten (10) calendar days follvwing the EN�'LOYER-designated re�presentative' s f inal answer i.n Step 3. Ariy grievance r�ot appealed in writing to Step 4 by the UNION within ten (10) calendar days shall be considered. waived. Step 4 , A grievance tmresolved in Step 3 and appeal ed to Step 4 by the UNION shall be submitted to arbitration subject to the pravisions of the Public Dnplvyn�ent Labor Relations Act of 1971. The selection of an arbitratar shall be ma.de in accordance with the "Rules Governing the Arbitrati� of Grievarpces" as established by the Public Dnployment I�bor Relatioa�s Board. 7.5 Arbitrator's Authority a. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract fran the terms and conditions of this AGRE�V'r. The arbitrator shall consider and decide only the specif ic issue ( s) submitted in writing by the EMPLOYER and the LTNION, and shalY have r� authority to make a decision on ariy other issue rhot so sutmitted. b. The arbitratar� shal.l be withaut power to ma,ke clecisions wntraty to, or inconsistent with, or modifying or varying in any way the applicatian of laws, rules, or regulations having the force and effect af law. The arbitrator's decision shall be submitted in writing within thirty (30) days follawing close of the hearing or the sutmission of briefs by the g�rties, whichever be later, unless the �rties agree to an extensioai. The decision shall be binding on both the EN�'LAYIIt an+d the UNION and shall be based solely on the arbitratar's interpretati� ar applicati� of the express terms of this P�R�F� and to the facts af the grievance presented. c. The fees and expenses for the arbitratar's sezvices and proceedings shall be borr�e equally by the II�IPLOYE'R and the UNION provided that each party shall be responsible for compensating its own representatives and witn�esses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, praviding it p3ys far the record. If both �rties desire a verba.tim record of the proceedings the cost s�all be shared equally. 7.6 Waiver If a grievance is r�ot presented within the titne limits set farth abave, it shall be considered "waived". If a grievance is not appealed to the next step within the specified time limit or ariy agreed extension thereof, it sha11 be considered settled � the basis of the EMPLOYER'S last answer. If the II�L�OYIIt does not answer a grievance or an appeal tizereo� within the specified tii�e limits, the iJNION may elect to treat the grievance as denied at that step and immediately appeal the grievance to the rnxt step. The time limit in each step may be extended by mutual written agreement of the EN�LOYIIt arid the UNION in each step. 5 7.7 c�ice of xenedy If, as a result of the written EMP'LOYER response in Step 3, the grievance reqnains unresolved, and if the grievance involves the suspension, clenoti�, ar discharge o� an anPloYee wh� Y�as cac�pleted the required prcabatianary period, the grievance may be appeal ed ei ther to Step 4 af Article VII or a procedure such ass Civil Se�vice, Veteran's Pre£erer�ce, ar Fair Finplc�yment. If appealed to ariy Procedure othex than Step 4 af Article VII, the grievance is not subject to the arbitration procedure as prwided in Step 4 of Article VII. The aggrieved employee Ghall indicate in writing which procedure is to be utilized (Step 4 of Article VII or another appeal procedure) and st�all sign a stateznent to the effect that the choice aF ariy other hearing precludes the aggrieved anployee fran making a subsequent appeal through Step 4 of Article VII. ARTICI,E VIII SAVIl�S Q�FIUSE This AGR��1T is subj ect to the laws of the United States, the State of Minnesota and the City of Fridley. In the e�vent any pravision of this AGREEMENT shall be held to be contrary to law by a court of competent jurisdictica� fram whose final jud�nent or decree no appeal has been taken within the time provided, such pravisions shall be voided. All other prarisions of this P�REE�TT shall continue in full force and effect. The voicled pravisic� may be reneg�tiated at the written request of either party. ARTIQ�E IX SII�IORITY 9.1 Seniority shall be deteYmi�ed by the eqnplayee' s length of continuous emplayment with the Fire Department and posted in an appropriate location. Seni.ority rosters may be mainta.ir�d by the FIltE �iIEF on the basis o� time in grade and tiune wi.thin specif ic classif ications. 9.2 During the prabatiar�ary period, a newly hired or rehired enployee mzy be discharged at the sole discretion of the EMPLOYER. During the prabationaxy period a pramoted or reassigned enplayee may be re�placed in the enployee's previaus postion at the sole discreti� of the II�LCJYIIt- 9.3 A reductio seniari ty- seniority. wark within is hired. n of work force will be accomplished on the basis of EYnployees shall be recalled frcan layoff on the basis of An enplvyee oai laya�f shal.l have an ap�ortLUZity to return to two years of the time o� that layoff before any new enplayee 9.4 Vacati� periods to a mzximun o� two (2) weeks sha11 be selected on the basis af seniority until May lst o� each calendar Year- ARTICLE X DISQPLIl� 10.1 The EN�LOYER will discipline enployees far just cause and disciplinary actica� may be in o�e ar more of the follawing forms: a. � oral re�primand; b. written reprimand; c. suspension; d. denotion; or e. discharge. 6 11L 11M 10.2 S�.spensions, c�emotioris an,d discharges will be in written farm. 10.3 Written reprimands, notices of suspension, and notices of discharge which are to becane part aF an enplvyee's personnel file shall be read and acl�vwledged by signature of the enployee. gnployees will receive a capy of such reprima�rx3s an�d/or rr�tices. 10.4 II�playees may ex�mine their aan individual personnel files at reasonable times Lmder the direct supezvision oF the II�L�CJYER. ARTIC3�E XI WiJRR SQ�D(JLES 11.1 The r�orma]. work schedule far� the e�loyees of the Fire Departznent shall consist o� a 56.67 hour work week. a. hours work,ed on assigned shifts; b. Yx�l idays; c, autharized leave time. The Deparhnent Head is responsible for scheduling and assigning the weekly wark schedule. 11.2 The City claims the autharity to schedule e�nployee's duty schedule. A nornial work schedul e f or the enp� oyees wil l be a c�nbi na t i on of shi f t s carrprised of twelve (12) hr�urs between 8:00 P.M. Sunday and 8:00 A.M. Friday and ten (10 ) hours between 7: 00 A. M. l�bndaY ancl 5: 00 P. NL Friday. 11.3 It is recognized by the g�rties that service to the publ ic may require the establ i shment of regul ar shi f ts f or same snpl ayees on a c3aily, weekly, seasonal, or annual basis, other than�the regularly scheduled haurs. The employer will give advance n�tice to the emplayees affected by the establisYm�ent of wark days different than the normal emplayees' wark day. 11.4 In the event that work is required because of tuiusual circ�nstances such as (but not limited to) fire, flood, snaw, sleet, breakdown of municigal equignent � facilities, no advance notice to the �eplayees need be given. It is not required that an emplayee working other than the norntial: workday be scheduled to work more than the scheduled hours; hawever, each enployee has an obligation to wark overtime if requested, Lmless �usual circtunstances prevent the e�loyee fran doing so. 11.5 It is also recognized by the parties that sezvice to the public may require the establistmient of regular wark weeks that schedu2e work on Saturdays and/or Sundays. II�nplvyees whA are regularly scheduled to be � duty Saturday and/or Sunday will be granted two oonsecutive days off in lieu of Saturday and/or Sunday. ARTI(%E �XII �IlV�JAL LF.AVE 12.1 Each enployee s�hall be entitled to annual leave away from anplayment with �ay. Annual leave �y shall be oanputed at the regular rate o� pay to which such an enployee is entitled. 12.2 A begir�ing anplvyee st�all accrue annual leave at the rate of eighteen (18) days per year for the first seven (7) years (84 successive mmo�ths). 7 11N An employee who has worked seven (7) years (84 swccessive m�nths) shall accnbe annual leave at the rate of twenty-four (24) days per year, beginning with the eighty-fifth (85th) month of successive gnplayment. An enplayee who has worked fifteen (15) years (180 successive months) shall accn�e arir►ual leave at the rate af twenty°-six (26) days ger year, beginning with the a1e hundred eighty-first (181st) manth of consecutive anployment. 12.3 For an snplvyee hired � ar af ter Januazy 1, 1984: The naximun total acc�anulatic� of annual leave at the end of any given year s�haZl be thirty (30? daYs. Once a year, at a time designated by the City, an anplvyee who has canpleted seven (7) years of service with the City will have the vpportt�i. ty to exchange up to three ( 3) days of acctanul ated annual leave far cash. At the sam� time, an enplayee who has canpleted fif teen (15) years af service with the City wi.11 have the ap�ortunity to exchange up to 5 days o� accunulated annual leave for cash. 12.4 For an enployee hired prior to January 1, 1984: Vacation accrued but unu.sed as of Decc3nber 31, 1983 shall be coriverted to annual 1 eave at the rate of ar�e (1) day of annual 1 eave f or one (1) day of vacation. Accru�ed but tmused sick leave as of Decgnber 31, 1983 shall be converted to annual leave according to the follaai.ng schedule: a. lst 45 days @ 1 day af annual leave far 1 day of sick leave b. 2nd 45 days @ 1 day of annual leave for 2 days o� sick leave c. R�anainder � 1 day af annual leave far 3 days of sick leave The total �naunt af annual leave credited to the anplayee's baZance as of January 1, 1984 shall be equal to accrued but unused vacation plus accru�ed but �mused sick leave coriverted according to the farmula above. If upon cornrersioai to the annual leave plan an enployee' s accumulation of annual leave exceeds thirty (30) days, that amount shall be the maximtmn total acciunulatio�►► (cap) for that employee at the end of any subsequ,ent y�ar. Once a year, at a time designated by the City, an enplayee will have the a�portunity to exchange up to five (5) days of acciunulated annual leave for cash. . In additicn, c�ce a year at a time designated by the City, an �nployee with an acctmnulaticm af annual leave in excess of thirty (30) days will have the apporttnv.ty to exchange up to five (5) days orf annual leave far cash. Such an exchange shall reduce the maximiun total accumulation (cap) of an enployee by an ec�aal a�naunt. 12.5 Upon segaratioai fran enplvyment with the City, an enployee will be paid or�e� (1) day's salaLy for �ch day of accrued annua� leave reinaining in the enplayee's balance. � 8 110 ARTICLE XIII SH�tT Z�RM DISABILITY 13.1 Fach enployee wY�o has successfully campleted the anployee's prc�atica�ary period shall be eligi.ble far� short ternn disability benefit. Such an enployee shall be entitled to full gay co�unencing on the twenty-f irst (21st) consecutive working day cs� which the employee is absent due to a physician-certif ied illryess or inj ury, whether on or of f the j ob, and contirnii.ng until the anplayee returns to wark able to carYy aut the full duties and responsibilities af the emplayee's position or through the one himdred and tenth (110th) working day of absence, whichever occurs first; provided, ix�wever, that the amaunt af ariy canpensation sha.11 be reduced by any gayment received by the disabled enplayee fran workers' canpensation insurance, Public Employees Retirement Association disability insurance, or Social Security disability insurance. Payment of short ternn disability benefit by the City to an emplayee shall not exceed ninety (90) working days for any single illness or injury, regardless of the number and spacing of episodes. The annual leave balance af an enplvyee receiving short ternn disability benefits shall rwt be reduced, nor shall such enployee accrue annual leave during that period. 2. Befare any short ternn disability payments are made by the City to an employee, the City may request and is entitled to receive fran any employee who has been absent more than twenty (20) working days in succession a certificate signed by a co�npetent physician or other medical attendant certifying to the fact that the entire absence was, i.n fact, due to the illr�ess or injury and not othexwise. The City also reserves the right to have an examination made at ariy time of any emplvyee claiming payment Lmder the short tenn disability benefit. S�,ich easacninatian may be made on behalf o� the City by any cc�npetent person designated by the City when the City deems the same to be reasonably r�ecessary to verify the illness ar injuiy claimed. 3. If an enplvyee hired before Januaxy 1, 1984 has received payments under the inj uYy-ori duty pravisions af previaus contracts, the rnar�r of days far which payment was received will be c3educted fran the n�ar�r of days of eligibility for caverage tmder short tenn disability for that same inj ury. 4. If any enplayee's ryon causally related injury or illness exceeds 110 warking days, the enplvyee shall be entitled to draw frcm the enployee's remaining annual leave. 5. If an enplvyee's causally related illness ar injury exceeds 110 working days, the enployee may draw frcm the eriplvyee's renaining annual leave in addition to those benefits to which the employee receives in accordance with the worlanan' s oa�ensatic¢� prwisio�s. 6. When an employee exceeds the 110 warking days disability and coa�nences to draw ai annual leave, he st�all again accrue benef its in accardance with accepted City policy. i ��_ � .�� a: a�a: v: : �; : �u r,; r =; 14.1 A f iref ighter responding to a f ire cal l bef ore or af ter regul arly scheduled work hours ar� cn a day aFf shall be canpensated in an amount 9 equal to a minimun of one (1) haur at one and �e half (1 1/2) times the haurly rate calculated.in accordance with the pravisio�s of the federal Fa.ir I,abor Standards Act. If the fire call lasts far mpre rhan one (1) haur the firefi�ter shall be campensated at the above rate of pay for each add.itica�a]. fifteen (15) minute period. � fractica� thereof. 14.2 'Ib calculate the tiune worlced � call back, tinve shall be considered to have started at the time af the alarm as recorc�ed and shall er�d when the officer in charge has terminated said alarm. In the event of a simultaneous o� subsequent alarm occuring prior to the termination of the alaxm far which the firef i�ter was called back, the f iref ighter' s time warked shall be calculated as oontinuous frcm the time of the first alazm �til the afficer in charge has terminated all alarnis. 14.3 EY�playees wh4 particigate in drills before o� after regularly scheduled wark hours or on a day aFf shall be ocmpensated at the a�ertime rate of pay for their respective classifications. • � i• • � �+� v •: -•��ti� . 15.1 The City will gay certain expenses for certain education courses based on the following criteria. a. The traini.ng course must have relevance to the Emplayees' present ar anticipated career responsibilities. Attendance shall be at a City apprwed institution. The course must be appraved by the Departinent Head. b. Financial assistance wi.11 be extended only to oourses offered by an accredited institution. This includes vocational schools, Minr�esota Sch�000l aF Business, etc. 15.2 Eh�loyee Education Programs Financial P�licy Financial assistance will be extended to caver cnly the cost of tuition. Charges far books, student Lmi� n��bership, student health coverage and other charges for which the student receives sane itan ar sexvices other than actual instruction will rr�t be paid. The City wi.11 pay 50� of the cost af tuiti� in advance af the enpl.oyee's actual particiFati� in the course ar�d the enplayee shall pay 50$ of the cost. Upon successful anrpletion of the course an employee will be required to present a certificati� o� satisfactory work to the depart�ment head. Satisfactory work is defined as follavs; a. In oourses issuing a letter grade, a C or above is required. b. In oourses issuing a rna�erical grade, 70$ or above is required. c. In oaurses rr�t issuing a grade, a certif icaticn fran the institution that the student satisfactorily garticipated in the activities of the aourses is required. 15.3 If the enplvyee satisfactorily ccmpletes the oourse, the �nplayee will be reimbursed far the additional 50$ of the tuition cost incurred. If the snplayee fails to satisfactorily cattplete the oourse, the City will r�ot reimburse the renaining 50$ . 10 11P 15.4 The program wi.11 not rei�urse the enployee far the hours he spends in class, on7.y for the tuiticn. 15.5 �nses for which the emplayee is compensated under some other educatica�al ar assistance program, such as the GI bill, will not be covered. 15.6 The City will not �y tuition or other costs far� those courses which are u.sed to make the enployee eligible far additional salary. ARTIC3�E XVI HC[,IDAYS 16.1 Holidays include New Year's Dray, January 1; Martin Luther King Day, the third Monday in Janvazy; Washington and Lincoln's Birthday, the third Manday in February; N�iorial Day, the last Monday in May; Independence Day July 4; I,abor Day, the first Monday in September; Veteran's Day, November 11; Thanksgiving Day, the fourth Thursday in November; and Q�ri stmas Day, Decenber 25 ; prwided, When New Year' s Day, January 1; or Independence Day, July 4; or Veteran's Day, November 11; or Christmas Uay, Decen�er 25; falls ca� Sunday the following day shall be a holiday, arxl provided, when New Year's Day, JanuaYy 1; or Independer�ce Day, July 4; or Veteran's Day, November 11; ar Christcnas Lay, December 25; falls on Saturday, the preceding day shall be a lx�liday. 16.2 In additi� to the holidays listed abave, enplayees cavered by this contract shall be entitled to two (2) additional paid hoZidays designated by the City Council far a tatal � eleven (11) gaid holidays per year. f�`:�l41�� A� 4; �.: _ �;. _ ;� 4�1: �,�,. 17.1 All newly hired or rehired e�nployees will serve a six (6) month prabationazy period. ARTICI,E XVIII �iJI�4;RAL PAY 18.1 In case af death occurring in the inmediate family of an enplayee, such an emplayee may be excused from work for up to�three days with additional time off granted by the City Manager if additional time is needed. This time off shall nQt subject the gnplayee to loss of pay. For this purpose, m��bers af the imnediate family of the gnplayee are consiclered to be the following; spouse, child (natural or adopted), parent, grandparent, brother, sister, mother-irrla�v or father-irrlaw. ARTICZE XVIX JURY PAY 19 .1 It s�al l be imderstood and agreed that the Ci ty shal l pay al l regul ar full t,ime enployees serving on any jury the difference in salary between jury pay and the c3nplvyee's regular salaxy or pay while in such seYVice. ARTICLE XX IINIF�RM AI�L�Q�IANCE 20.1 The City shall provide a tmifozm clothing allavarvice for Fire Fighters, said allawance to be paid in cash in January of each year. The allowance far 1988 shall be $325.00. 11 11Q • .. � - - • «:� 21.1 The EN�I�OYER will contribute up to a maximum of $185.00 per month per empl ayee f or group 1 if e and heal th insurance inc 1 udi ng depe ndent caverage for calendar year 1988. 21.2 Effective JanUary 1, 1988 each enployee may use up to fifteen dollars (515.00? per mca�th af health insurance dollars in 21.1 far group dental insuran+ce offered throu�. the City. 21.3 Individual s�loyees may pravid+e for an ir�reased F�L�OYER contribution fvr insurances v�rer that amaunt stipulated in 21.1 and 21.2 by lowering their oampensati� fran the rates stip�ulated in Articles XXII, XXIII, AND �LV to provide for an increased II�LOYER contribution which will fully gay far the gnplayee's health insurance and dental insurance, irbcluding dependent caverage, and life insurance. ARTICLE XXII RATES OF PAY 22.1 Firefighters First six m�ths Af ter six months Af ter 1 1/ 2 years After 2 1/2 years Af ter 3 1/2 yc�ars � $8.6616 per hour 59.0946 per tiaur $9.5494 per hour $10.0268 per haur $10.5281 per hour 22.2 Fire C�ptain $11.2126 per hour ARTIQ�E XXIII ADDITI�i1�L INCF.�TrIVE PAY 23.1 Incentive pay will be paid aver and above the standard base rate or going rate for Finployees hired priar to January 1, 1974 according to the follaaing schedule, provided enployees have made c7enanstratable progress tavards improving their proficiency for their particular job title or j d� assigranent. Af ter 5 years af service Af ter 10 years of service Af ter 15 years of sezvice • •� •�; aa •� �� $24 $48 $72 24.1 For Firefighters hired af ter January 1, 1974 the City will pay for educaticn credits earr�ed at an accredited institution of higher learni.ng at the rate af $.40 per quarter credit starting with the ninety-f irst (91st) quarter credit up to a maximim► of one hundred eighty (180 ) credits a�r a maximi.aci af 536.00 per month. All courses taken must be appraved by the FYnployer. No Firefighter hired after JanuaYy 1, 1974 will be eligible far payments �mder ARTIQ,E �III. No Firefighter will draryv both additional incentive pay under ARTIQ�E XXIV, and pay for educatiori credit. FYnployees will not be eligible for education credits during their six (6i mmonnth prabatianary period. A determination of the nt�er of credits an enplvyee is eligible far will be macle cn Decanber 1 of the previous year. Credits earned during the year will not be cotmted �til the succeeding year. The City will not pay tuition for 12 11R 11S caurses that the IIt�loyee will later be gaid for as mted above. ARTIQ�E XXV S�VF�tII�1� PAY 25.1 For all enployees hired prior to Januazy 1, 1978, the severence pay policy shall be as fo2lavs: Any E�mployee with forty-eight (48) or more consecutive �onths of enplqm�ent will receive'severance pay in cash based o� �e-and-one-half (1 1/2) days far� each twelve (12) consec�itive manths warked, but not to exceed thirty (30) days af the same. ARTI2E XXVI WAIVER 26.1 Any an�d all prior agreements, resolutions, practices, policies, rules and xeg�.ilations regarding tenns and conditions of employment, to the extent ir�consistent with the pravisicros of this AGREEMENT, are hereby superseded. 26.2 'I'he g�rties mutually acknowledge that during the negotiations which resulted in this AGREH�]T, each had the �limited right and c�port�ity to mz}ce denands arbd proposals with respect to arry term or condition of enplvyment not remaved by law fro�n bargaining. All agreements and unclexstandings arrived at by the parties are set forth in writing in this AGREEMENT for the stipulated duration of this AGREII+�NT. The II��LC7YIIt and the UNION each voluntarily and unqualif iedly waives the right to meet and ne�otiate regarding ariy and all tenns and conditions af anplqm�ent referred to or cavered in this AGR�NT or with respect to any ternn ar corxlitio� of employment rv�t specifically referred to or cavered by this AGREE��V'!', even thaugh such terms ar conditions may not have been within the lmawledc�e o� contenplatiari of either c� both of the parties at the time this contract was r�egatiated ar executed. �rzcz� �z u�TZ� This A�REE�IT shall be effective as of Janua�ry 1, 1988, except as herein rbted, and shall renain in full force and effect �til the thirt�-first day of Dece-�nber, 1988. In witness wh,ereof, the parties hereto have executed this AGRE�r an this 25th day of July, 1988. 13 M4Y ��I;��jii�f`� N�,YOR - WII�,IAM J. NEE QTY N.4�NAGII2 - NASIM N� QIJRFS'HI la•1� �.�4�+;+�►•ti1i�i`�i_��i �� « . •,� • �I I hereby recrnmr�nd to the City Cotmcil approval af this agreement. � Zl��r� , IAM C. HUNP - AS I ANP � ZHE QTY N�NAGER �a� •��-� R ALDRIQI - CHIEF', FIRE I7EPAR't�Tr 14 11T RE�LLITIDN I�D. - 1988 RESOLIITION ORDERING IMPROVEMENT AND FINAL PLANS AND SPECIFICATIONS AND ESTIMATES OF O�STS THEREOFt STREET PRD�7ECT I�D. ST. 1988 - 4 Wf�2F,AS, Resolution No. 46-1988, adopted on June 6, 1988, by the City Council ardered a public Ylearing o� the pr�posed i�rovenents; arrl WI�RE'AS,the City Courbcil held a public hearing on July 11, 1988, on the matter of the const.ru�ction of the improven�cents to Osborne Road frcen East River Raad to Main Stxeet. K7W �RE, BE IT RF.�LVID, by the City Council of the City of Fridley, Aml� County, Miruiesota as follavs: 1. That the following improvanents are herd�i ordered to be effected and canpleted as soon as reasonably possible, to-wit: Street i�ravements, ir�cluding grading, stabilized L�se, hot-mix bitumimus mat, concrete curb and gutter, sidewalks, water and sanitary sewer services, storm sewer systan, lar�dscaping inclwding brick median paving, lighting, sigrals arid other facilities located as follows: OSBORNE i�AD Ff�M EFyS'r RNER 1�AD Z� NAIN SrRg,T That the work involved in said imprwe�ents as listed above shall hereafter be desigrated as: S�REET PRp�7ECT I�D. ST. 1988-4 2. That the work to be performed under this project n�y be performed tuxler one ar� m�re contracts as may be d,e��ed advisable upon receipt of bids. 3. That the Anoka County Hi�ray De�rtment is hereby designated as the Engineer for this improvement. They shall prepare final plans and specifications for the making of these improvenents. PASSID AI�ID ADOFPID BY Tf� C'.I.'1'Y 4�UNCII� OF TfiE CITY OF FRIDLEY THIS DAY OF , 1988. WILLIAM J. I�E, I�,YOR AZTF�S'T:, SHTRI.EY A. HAAPALA - C�I'Y CLF�tK 12 Engineering Sewer Water 'Parks S[reets Mainlenance MEMORANDUM James Hi11, Actir�g City Marsger FW88-232 TO: Ni�rk Burrh, Assistant Public Works Director FROM: July 20, 1988 DATE: Orderirx� Street Improvenent Pr�ject ST. 1988-4 which consists of SUBJECT: Osborne Road Improvenents frun East River Raad to N�in Street We are forv�rarding to the City Council for consideration at their July 25, 1988, meetir�g the firal resolutions on�ierirr� Street Im�ravanent Proj ect ST. 1988-4. This project is beir�g oonstn�cted by the Amka Caunty Hi�ay Department arxi consists of improvements to Osborne Road from East River Road to Main Street. The total project c�ost is estimated at $992, 000.00 with the City portion estimated at $99, 000.00. The City Council is proposir�g to assess the City' s share of the oost to the vcxtmercial properties alor�g Osborne Road. The Ci ty (biu�cil held a public hearir�g to discuss the assess�ments at their July 11, 1988, meeting. We rec�mend that the City Cour�cil pass the two resolutions approving the praj ect ar�d ordering advertisenent for bids. 1�B/g �. 3/6/2/9 12A � i :� � 3 ____. � �� 6 ` 12 , ; ..,. ... ...,.. n , ^wT � �--_ __ `__ __ _ n• r 1'� � K..r j c`\', ,.'°+"+C��:_;�+�:s;:'�? � �ITY OF FRID Fv < „ ;; � V�-; :�".,� ' � �y ; '�. �2�y , ;�.' �' � `�`� �ro�c• wwrr. �.�caoT, � � -� •-�� °� -�� ; • • ° ° � � 1roTrHG e� ,�J � �'�� :;:� �:,d , ^^. ,i — .�.....e...�. •• °�.c�.�:,y,;;' �?s• �' ,� ...a.,. T OiSTRICI"S DISTFiIC'TS � :, : �:, .,�. ' ;\�.��u-c;v-r J.�e,��i �wr�.. "�'�" ..w �. ' F _) 1 •�°� ds�f`'� ��^l��.nj` � w•� r;� J. o J � a �w� a� nu. �.�w �. rr �� p wia h�r� 1 .� 11.��1,V'C;'��1,�� 1;� 7 �i � M.w� �.n � , � , _ • . � , ,'+ �. ; �„ ,,,� ».:. ..,.. 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' - ' _' = =-r" � . o e�,�^ � ;' o . .Q��r�i . % � I � ,�� ° "� `��, � Q � m � .1 ` � ur � KE ° o �� I . t ��.Cj' ' ' � ' � � -_ }i} � _==_--rr _:� -�; � ��` �— ,,, �i�« ;_:° �� 4___ I'I I T __ _ ____ �ooRE - �� , � I II� �on I 'I�f - .� / �'� �-�.�-'i,✓ �W r ---c - • � -�. ' -- � "n c� � �R ` , q /% �`/ � �' � I �5 .�� ;M p�� ' ~i�. �` li f� i ,,- � E ;_' _ _ � � ��yj n , ;� •a�^�,^;, ' ..�.. :�'�- 1 ; i a ; �� I r�.?"�^� � � f, -- rjl� I � � `�-_?.;- I ; '� _ % ' �„� 'a'- �.;.� _.C'��,"�_ �L; �• �. - r � � i (; i�,;'� � � . !^�.•=?�.' - , i , � / ,� �;'; __W ;� _ _ ? � � ,� ; �I t .� � �, �� ---. j�- � �� . _ ,. f�.� � � ^.G �i '�i...� E �. � '� . �. - - -_-� � � � �C� � �: _ .�, C , � �, �,,�. � � � � � �� / _ _ _ _ I \ `- ��'� � �� --� �?'� �� ' 2�� 1� /'! � �I R��LUTIDN I�D. - 1988 RE90LIITLON ORDERING Il�VEN�1T AND APPROVAL OF PLANS AND ORDIItIl� ADVIItTISII�Nr FUR BIDS: STR�T Il�DPI�7VII�r F�ROJECT N0. ST. 1988-4 WI�ZF,AS, Resolutian No. 46-1988 adopted Jur�e 6, 1988, by the City Council ordered a public hearing an the proposed improvanents; arx3 Wf�'.AS, the City Courbcil held a public hearing on July 11, 1988, on the n�tter of the constru�ction of certain imprweqnents to Osborne Road fro�nn Fast River Road to Main Street; arrl W�RE',AS, Resolution No. -1988 adapted � the 25th day of July. 1988, by th+e City Cour�cil, ozdered the i�rovenent ar�d fiml plans, specifications arri estimates af the costs thereof for the in�rovanents to Osborne Road. I�DW, TF�tEFORE, BE IT RE�LVID, by the City Council of the City of �idley. Anr�l� County, Mim�esota as follows: 1. That the following improvements proposed by Council Resolutions are hereby ordered to be effected arxi caYq�leted as soon as reasonably possible, to-wit: Street imprc7vanents, ir�cluding grading, stabilizecl base, hot-mix bitumimus mat, concrete curb and gutter, side�walks, water and sanitary sewer sezvices, stornn sewer systan, lar�dscaping including brick median paving, lighting, sigrals, ar�d other facilities located as follows: OSBORI� I�AD Fl�M F.AST RIVIIt 1mAD 'IO MAIN STRF,ET That the work involved in said improvenents as listed above shall hereafter be desigr�ated as: STRF�,T pRp�7EGT ST. 1988-4 2. The plans and specif ications prepared by the Arwka County Highway Department far such im�rovements and each of than P�'suant to the Council resolutions heretofore adopted, are hereby appraved ar�d shall be filed with the City Clerk. 3. Th�e Amka County Highway Departrnent shall accordingly prepare and cause to be inserted in the official r�wspaper advertis�bents for bids upon the making of such im�rovenents under such appraved plans and specificatians. PASSED AI�ID ADOPrID BY THE CITY �UNCII, OF THE CITY OF FRIDLEY THIS DAY OF , 1988. AZ'I'F�ST: r� w • �• WIIS.IAM J. 1� - NAScUR 13 � PLANNING DIVISION � MEMORANDUM c�nroF FRlDLEY � : Jock Rd�ertsan, �rnuiity Develo�ment Director City Council Manbers FimM: Kathlyn Castle, Planning Assistant DATE: July 19, 1988 RDC'�ARDIl�]G: Violatian o� the Moon Plaza Canprehensive Sign Plan by North Star Video, 6213 University Avenue N.E. On �hrch 28, 1988 the City Courvcil reviewed th�e pr�ogress being made with the implementation of the Moon Plaza coanprehensive sign plan. The Council directed all tenants with signs im m�aonforn�aryce to the coanprehensive sign plan reYUwe ar�d replaced these signs with ones that do coanply by June 28, 1988. As of today all tenants have replaced these signs with conforming signs except for Narth Star Video. This item needs to be reviewed by the City Cbuncil in order to seek legal action against Kim Olson, North Star V ideo' s aar�er. On Decanber 17, 1984 the City Council granted North Star Video a variance to allow a sign that does mt camply with the sign plan for Moon Plaza with a stipulation tiiat the sign be brought into Code cat�liar�ce by June 1, 1987. When Mr. Olson established his building, he leased a space occupied by 90S Office Equignent which had used this sign. Mr. Olson redesigned his sign to advertise his business, North Star Video. N�. Olson felt that in order to establish a buisir�ess, a large sign wauld be needed. Staff has tried working with Mr. Olson to have him replace his sign with o�c�e that va�lies since the expiration of r�;s vari.ance in January of 1988. As of today, the sign is still in p�ace. KC/dn I�-88-183 F , M �` ► r � {* �. 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AVE. � i �� v • �. •, � • :,. •. . .� �,� �)'' p� _ ; x � ° �" ' (d) - t ! � • � ' s` 1 �1 � < �c � . �) 3 . 1 � � _ :� 1 � n � ' � 1�3, � : �f) : ` U�� . , � I � =� ; '� . f ` _ '��• (�N) � I • S�, � � IF � ` � � �i� ,` i � (N). L� i � -r- �� . ` �ai- n- - - - . f � � �� --�j-- `' � • ~ � � vi : a ��) ` t � s� C� ��,. -. .s. • : I I _ :� l !�♦ � r'1 t—'—� i'---, - - - I V ' I/ ('I ' ' `' ` �l� N�!' ; . I 5 �,��.�.r,, = . I t _ � I �EIl�✓l�iaA ; � � y : ' rlss ; =. _� � �e :�� .�, � `' ,�, . n' � ,n 1` � �_ _ „ , � R%!r " �i S �is.. /� ' �i It /h> � ' � �� •�r1m� t�Yr �`iI� '�+`\ � �.Hi r� �� \l �~� �L � �—•--•� �..�e LOCATION MAP E�9ir �ee��<, ISewer Water Parks IStreets Maintenancc MEMORANDUM TO: James P. Hill. Actirx3 City Marager PW88-234 FROM: �� L. Burch, Assistar�t Public Works Director DATE: J�y 20, 1988 SUBJECT: �nge Order No. 2 arid Firial Estimate to Dailey Construction Ca�ny, 7ric., for construction of the Satellite Fire Station. We are fo�arding Change Order No. 2 and the fir�al estimate to the City Cburicil for consideration at their rngular meeting on July 25, 1988. Change Ozder No. 2 consists of changes in the contract due to the poor Qorr3ition of soil materials e.ncountered on the site durir�g construction arxi the required relocation of or�e water valve. The net result aF Charige Order No. 2 wc7uld be to add $15,530.98 to the contract for a revised total contract of $187.735.98. We feel that Dailey (bnstruction Crx�ny, Iric., has ca��leted the Satellite Fire Station in a timely arrl worlunanlike manner arrl re�ommerr3 that t��:: �� ty Cbur�cil apprwe C�arige Order No. 2 for $15, 53 0.9F3.. N� /g� , 3/6/2/12 15 ,� � 15A ABLIC WORKS DEPA� Er�qir�eering Division CITY OF FRIDLEY F'ridley. Mirmesota July 25, 1988 Uailc�r Gbnstruction CbR�par�, Ir�c. 11000 Highway 65, Ste. 106 Blaine, NAI 55434 SLBJECT: Change Ozder #2 - Satellite Fire Station Gentl anen: You are hereby ordered, authorized ar�d instructed to modify your contract for the Satellite Fire Station by adding arrl deductirx,� the follc�wirx,� umrk: ADDaFJNS a� UN1T PRICE ANDUNI' 2170 c.y. grara�lar borrow furnished $ 3.50%.y. $ 7,595.00 fn-m aff-site 63 leads of m�1ck ranwed frcxn site 126.5 hours of tn�ck time hauling e�cess �terial frcro site 1 loader time 1 relvcate water valve 10.00 40.00 Lttmp St$tt Ltunp Stsn 63 0. 00 5, 060.00 4,560.00 455.98 ZpTp�, p,pDITg�NS $18,300.98 DIDUCPIDIZS ITII�I UN1T PRICE ANDUNT 780 c.y. canmon arrl mwck e}acavation $ 1.50/c.y. $ 1,170.00 1600 c.y. grarnilar borrow salvaged f�xn site 1.00/c.y. 1,600.00 ZpTAL DIDI7CrIDNS ($ 2,770.00) I�T ZOTAL �I�1i�E O1�ER NJ. 2. . . . . . $15,530.98 OgIGIlJAL, CpNt'gp,CT PgICE . . . . . . . . $ 171.303.00 C�1AI�E O1�ERS NJ. 1 & 2 . . . : . . . . $ 16, 432.9 8 RFY ISID �Nl'RACT ANDiJNI' . . . . . . . . $ 187, 735.9 8 u c 15B Page 2 Dailey Constniction, Inc. Q�ange Order #2 - Satellite Fire Station July 25, 1988 ---------------- Sulxni.tted arr3 app�znred }x John G. Flora, Public Works Director on the 25th day of July 25, 1988. _ - .: _. . / fhec.ked by s�i ohn G. Flora, P. E. Public Works Director ---------------- Approved and accepted this �f day of , 1988 by Dailey Construction, ?s�c. DAII,EY O�NSTF3JCTIDN i�� .� �1G� y �•.:� M �-�. n� - - - - - - - - - - - - - - - - Approved arrl accepted this Fridley, Mim�esota. 3/6/4/6 day of , 1988 by the City Council of WILLIAM J. I�IEE N�,YOR JAMES P. HILL. ACTIl� CITY N�NP�IIt � r FOR CONCURRENCE BY THE CITY COUNCtL -- Lt C E N S E S � 7A � � Julv 25..1988 __ RESIDENTIAI RENTAL PROPERTY ¢.n.�� L(X'ATI�'`, n� nriTrnr� iIIaTS FEF� �lP OVED BY ' R. H. Larson, FPB/ Housing Insp. Frank Scf�oenberger 435 - 57th Place N.fi. Fri�ley, "1PJ 55432 � 5857 Main St. N.E. 1 $12.00 0 �