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02/22/1993 - 4955WILLIAM W. BIIRNS CITY MANAGER COIINCIL MSETING FEBRIIARY 22, 1993 � � CITY OF FRIDLEY FRIDLEY CITY COUNCIL FEBRUARY 22, 1993 PLEDGE OF ALLEGIANCE: PRESENTATION OF CERTIFICATE OF APPRECIATION: Wade Savage for Service on the Rice Creek Watershed District Board of Managers APPROVAL OF MINUTES: City Council Meeting of February 1, 1993 ADOPTION OF AGENDA: OPEN FORUM, VISITORS: (Consideration of Items Not on Agenda - 15 Minutes) OLD BUSINESS: c D � �° ��o��' � 7 A 1993 C nit Develo ment �� pprove ommu y p � Block Grant Application and �� Reallocation of the 1991 and 1992 -�� "`.� Community Development Block Grant � �� Funds (Tabled February 1, 1993) . . . . . . . . . . . . . . � � . . 1 - 11 s-� rw�w■ !��/ A/��i � rn�v�� i ti.� � T a.vurvVlL MtC I INL�i Vt t't13FiUA1�[Y 1Z, 7 JJ3 OLD BUSINESS �CONTINUED� � Second Reading of ar� Ordinance �� 1 Recodifying the Fridley City Code, �� j Chapter 3, Entitled "PersonnelN � � � by Amending Section 3.09 . . . . . . . . . . . . . . . . �. . . . . . 2 - 2A � NEW BUSlNESS: Resolution Authorizing Signing an Agreement for Certain Employees Represented by International Union of Operating Engineers, Local No. 49, AFL-CIO (Public Works �,,.,j� ��, �� '''" _ 'K. �� Maintenance) for 1993 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 - 3AA Resolution Requesting the Minnesota Department of Transportation to Review the Request of Certain Persons Doing Business in Fridley and Certain Residents of Fridley to Remove the Fence Atong the East Side of State Trunk Highway No. 47 (University Avenue) from 57th Avenue to Mississippi Street......................... ��", � N� � �� / i- � - � � 4-4D Receive the Minutes of the CAN Advisory Commissian M�eting of January 28, 1993 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 - 5D 2 1�Y� i ,' � ., �� ` I � L, Y:v i ti �j, �; � � FRIDLEY CITY COUNCIL MEETING OF FEBRUARY NEW BUSINESS (CONTINUED): 1993 Receive the Minutes af the Planning Commission Meeting of February 10, 1993 :.......................:................... 6-6Q A. Establish Public Hearing for March 15, 1993, for a Vacation O�"_ Request, SAV #92-03, by Bob's � � Produce Ranch, Generally � Located at 7620 University ' Avenue N.E. . . . . . . . . . . . . . . . . . . . . . . 6F - 6H % ......... ............ 6J-6Q Variance Request, VAR #92-28, by Jones Sign Company, Inc., for Menards� to Allow a Variance Granted Prior to November 21, 1977, to Remain in Effect When the Face of the Sign is Replaced or Remodeled, to Allow the Remodeling of the Existing Sign, Generally Located at 5351 Ce�tral Avenue .................. ; � �`' /� h (� , �l ...................... 7-7CC Approval of 1993 HC�N#E Program Application ................. Establish Public Hearing for a Request to Grant a Currency Exchange License to International Currency Exchange, Inc., Generally Located at 7893 East River Road ,� . . . .� � �'° �� . . . . J� �� . � ........ ....-... .. 9 3 � FRIDLEY CITY GVUNGIL Mtt11N6�i Vt rt1iHUAHY ZZ, iyy� Naq NEW BUSINESS (CONTINUED): Receive Bids and Award Contract ° �` � � for Well Repair Project No. 241 . . . . . . . . /. . . . . . . . 10 - 10C � S� U ' Approve Contract between the City ��'r of Fridley and Maier Stewart & �� Associates, Inc., for �ocke Park ��,,� ^ Filter Plant Refurbishing, Project C�j"" �!+ � No.240 .................... .....:��... ...... 11 -11F Resolution Authorizing the Preparation of Plans and Specifications and ��' � / Advertising for Bids for the 52nd � ,� �� Avenue Floodway and Clover Pond ° �, �;�� Diversion Project . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 - 12A � Resolution Revoking Municipal State , � ,�g Aid,Streets . . . . . . . . . . . . . . . . . . . . . . . . . . ��' . . . . . . 13 - 13B %� ��V Resolution Establistiing Municip�� State Aid Streets . . . . . .. . . . . . . . . . . . 7 ....�... � 1,v v i 14 - 14A 4 FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 22. 1993 NEW BUSINESS �CONTINUED): ' Resolution Requesting Variances from the Minnesota Department of ��c/ Transportation Rules for State Aid Operations to Allow: (1) A Street Improvement with 50 Foot Right-of-Width and (2) Street -�� , � Improvements with Variances from �i H Vertical and Horizontal Curve Standards ....................................... 15-15B Resolution Authorizing the Application for a Me#ropolitan Waste Control Commission Infiltration/In-Flow Grant �� ......� N� ..... 16 - 16D Informal Status Reports . . . . . . . . . . . . . . . . . . . . . . . 17 �� C{aims . . . . . . . . . . . . .� �. . . . . . . . . . . . . . . . . . . 18 �� ; Licenses . . . . . . . . . . . .��" �+� � . . . . . . . . . . . . . . . . . 19 - 196 �r" �`� . � Estimates . . . . . . . . . . . . .�^� . � . . . . . . . . . . . . . . . . . . 20 �✓'' V` ADJOURN: 5 . . � �..Y..W�...,Te . . . , . � , . . '.5�A1 : �''� .J THB MINOTEB OF THE FRIDLEY CITY COIINCIL MEBTINC�i Ola' 0 FEBRIIARY 1, 1993 -�� - THL MINIITES OF T8E R8�3IILAR MRBTIN(3 OF T8$ FRIDLEY CITY COIINCI� OF .-� - FEBRIIARY 1. 1993 The Regular Meeting of the Fridley City Gouncil was called to order at 7:38 p.m. by Mayor Nee. � PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience .�M the Pledge of Allegiance to the Flag. ROLL CALL• MEMBERS PRESENT: Mayor Nee, Council�c�man Jorgenson, Councilman Billings, Councilm:�,z Schneider and Councilman Fitzpatrick MEMBERS ABSENT: None APPROVAL OF MINUTES: °� COUNCIL MEETING, JANUARY 19 1993° MOTION by Councilman Fitzpatrick t� approve the minutes as presented. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilman Bil�ings to ado�t the agenda as submitted. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion ca�ried unanimously. OPEN FORUM, VISITORS• FENCE ON UNIVERSITY AVENUE• Mayor Nee stated that there may be s-��ne people in the audience interested in giving testimony on a repurt the Council will receive later in the meeting regarding the potential removal of the fence along the east side of University Avernze. Mayor Nee stated that, at this time, the Council will not be receiving testimony but only the report from staff. He stated that testimony from the audience will be received at the next Council meeting on February 22, 1993. NEW BUSINESS: �. ,. �:�;,,�1. FIRST READING OF AN ORDINANCE CODIFYING THE F�IDLEY CITY �� _ '" . �, .�: CODE. CHAPTER 3, ENTITLED "PERSONNEL" BY AMENDING SECTION 3.09: Mr. Hunt, Assistant to the City Mar�a�g.er, stated that the City, from time to time, may find it necessary to conduct a crfminal FRIDLEY CITY COIINCIL MEETING OF FEBRIIARY 1, 1993 PAGE 2 background check on prospective employees. He stated that the cost for this check is $8.00 per person and is done through the Bureau of Criminal Apprehension. Mr. Hunt stated that this proposed amendment to the ordinance is to comply with the regulations of the Bureau of Criminal Apprehension in order to allow the Police Department to access the records directly and receive this information without charge. He stated that the prospective employee would still have to sign a release form authorizing the records check. Councilman Billings stated that the City is not creating any additional background checks but changing the manner of accessing the records. MOTION by Councilman Schneider to waive the reading and -approve the ordinance on first reading. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 2. RESOLUTION NO. 11-1993 IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT TO TOTINO-GRACE HIGH SCHOOL• Mr. Pribyl, Finance Director, stated that this is an application for a lawful gambZing premise permit for Totina-Grace High School to locate their charitable gambling at the Straight Arrow Sports Cafe. He stated that this would be Totino-Grace's second premise permit in the City. He said the State statute requires that the City either approve or deny these charitable gambling permits. MOTION by Councilman Schneider to adopt Resolution No. 11-1993. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 3. RECEIVE AN ITEM FROM THE MINUTES OF THE PLANNING COMMISSION MEETING OF DECEMBER 16, 1992: v A. SPECIAL USE PERMIT REQUEST, SP #92-13 BY H& H VETERINARY SERVICES TO ALLOW AN ANIMAL/VETERINARY CLINIC WHICH ADMINISTERS VACCINATIONS GENERALLY LOCATED AT 250 OSBORNE ROAD N.E.• Ms. Dacy, Community Development Director, stated that this is a request for a special use permit to allow a veterinary clinic within the Pet Foods Warehouse facility. She stated that the �etitioner is not proposing a full scale veterinary clinic but � �� would like to provide vaccination services for small pets. Ms. Dacy stated that the proposed use meets the requirements of the ordinance, and the Planning Commission recommended approval with two stipulations, which she outlined. ( i;4ii: 32i. . "...... .:a '. .�. . ..-.�.._ . ' �.: t.i.''�) � ;.,'.;.�y. ...),...e.� i �;...1 �5.f.i v.1. .htihZ...i �ti:2 �?iti .1v , ..• ,h�...�.....v.l.th>N.t�.(� ... � . .. FRIDI,EY CITY COiJNCIL MEETINt3 OF FEBRIIARY 1. 19�3 " , PAGL 3 Councilwoman Jorgenson asked to review some documents that were attached to the application as shown on Page 3K of the agenda book. Ms. Dacy stated that because of the length of these documents, they were not reproduced for distribution to the Council, but a copy was given to Councilwoman Jorgenson for her to review. . Councilwoman Jorgenson felt that providing the vaccinations would be a wonderful service to the community. She stated that not everyone can afford to take their pet(s) to a veterinary hospital to be immunized. Councilman Schneider stated that this would be good for the community, and it allows everyone to have their pets vaccinated. MoTION by Councilman Fitzpatrick to concur with the unanimous recommendation of the Planning Commission and grant Special Use Permit Request, SP #92-13, with the stipulations that (1) any alterations to the building will require issuance of a building permit and (2) no vaccination supplies or medical waste shall be stored on the site. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mayor Nee stated that the Council has been discussing the need to vaccinate cats, and he asked the petitioner if cats needed to be vaccinated. Mr. Herzberg of H& H Veterinary Services, stated that cats need to�be vaccinated as they are more of a hazard, as far as rabies, than dogs. He stated that for the public's health, a rabies vaccination is urged for cats. Councilman Schneider asked Mr. Herzberg if he felt licensing should possibly be extended to cats as well as dogs. Mr. Herzberg stated that there is the perception that rabies is related to dogs, but he can see no reason why cats should be exempt from licensing. He stated that besides the rabies immunization, H& H Veterinary Service also provides the regular six week immunization which includes distemper and other vaccinations for Lyme's disease, feline leukemia, and infectious peritonitis. Ms. Herzberg stated that a lot of people who bring their animals to them just want the rabies shot in order to get their license. MOTION by Councilman Schneider to receive �th�r minutes of the Planning Commission Meeting of December 16, 1992. Seconded by Councilwoman Jorgenson. Upon a vp�ce vote, all voting aye, Mayor Nee declared the motion car�� f:mously. FRIDLS��ITY COONCIL ME$TING OF FEBRIIARY 1. 1993 PAGE 4 4. APPROVE COMPREHENSIVE SIGN PLAN AMENDMENT FOR MOORE LAKE COMMONS WEST• Ms. Dacy, Community Development Director, stated that a new tenant, Sports Spree, is locating in the most westerly space of the Moore Lake Commons Shopping Center. She stated that this request is to amend the.sign plan for the shopping center by removing Country Club's sign on the sign band and replacing it with a sign for this new tenant. Ms. Dacy stated that an amendment is also proposed to permit a wall sign on the west side of the building. She stated that this sign must be consistent with the ordinance requirements covering wall signs. She stated that staff recommends approval of the amendment. Councilman Schneider asked if it would be possible, under the code, for the entire wall to be filled with signs from other tenants in the shopping center. Ms. Dacy stated that there is nothing in the code that clearly addresses this issue. Councilman Schneider asked if the petitioner would object to adding language in the sign plan that the sign on the west wall be limited to the tenant occupying that space. Mr. George Applebaum, Managing Partner for Shorewood Plaza Partners, stated that he would have no objection to limiting the use of the sign on the west wall of the building to the tenant occupying that space. MOTION by Councilman Schneider to approve the comprehensive sign plan amendment for Moore Lake Commons West identif ied as Exhibit D, Sign Criteria, Moore Lake Commons (formerly Shorewood Plaza). Seconded by Councilman Billings. MOTION by Councilman Schneider to amend the comprehensive sign plan noted above by adding the following under Section B, Design Requirements: (5) The sign on the west wall shall be limited to the tenant occupying the westerly portion of the building. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimous�y. UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. Mr. Charles Tuchfarber, President of Sports Systems who will manage the Sports Spree Fun Park, stated that this facility would be an indoor family entertairiment center for children and their parents. He stated that there would be indoor miniature golf, batting cages, bumper cars, party rooms, a Bridgeman's soda fountain and other FRIDL$Y CITY COIINCIL MEETING OF F$BRIIARY i`� i993 PAGB 5 activities designed for families. He stated that food would be available including hot dogs, chili, ice cream, etc. He stated that there would be television monitors for viewing sporting events. Councilwoman Jorgenson asked when it is anticipated Sports Spree Fun Park would open. Mr. Tuchfarber stated that they will obtain a building permit within four to six weeks, and the interior would take several months to complete. It is expected the facility would open in June. 5. APPROVE 1993 GOMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION AND REALLOCATION OF THE 1991 AND 1992 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS: Ms. Dacy, Community Development Director, stated that the City received a letter this past Friday from Anoka County advising that Fridley's allocation for 1993 Community Development Block Grant Funds increased to $134,400. She stated that last year the City received $103,000. She stated it is recommended that seventy percent of these funds be allocated for the housing rehabilitation program and thirty percent of the funds allocated to human services. She stated that it is also recommended that.the 1991 and 1992 funds be reallocated to the housing rehabilitation program. Ms. Dacy stated that with the 1993 allocation of $93,380.00 and the reallocation of 1991 funds of $43,677.43 and 1992 funds of $35,053.00, this would mean a total of $172,110.43 available for the housing rehabilitation program. Councilman Billings asked if there was a time period in which the Council's recommendation on allocation of these funds has to be submitted to Anoka County. Ms. Dacy stated that the recommendation for the 1993 Community Development Block Grant Funds needs to be submitted to A�oka County by February 26. Councilman Billings stated that Anoka County is limited to a maximum of fifteen percent to be used for human services, and the City has, traditionally, doubled that percentage for human services. He stated that since the City was just informed about the additional funds available, he questioned if the funds should still be divided on a 70/30 basis. He stated that he is reluctant to approve the allocations this� evening=w��hout giving it some serious consideration. Councilman Schneider asked if the allocations can be changed once the application is subraitted to Anoka County. FRIDLEY CITY COIINCI�L MEETING OF FEBRIIARY 1, 1993 PAGE 6 Ms. Dacy stated that the Council can chanqe the allocation as long as a public hearing is conducted. MOTION by Councilman Schneider to table this item to the February 22, 1993 Council meeting. Seconded by Councilwoman Jorgenson. Councilwoman Jorgenson asked if the City knew what other communities will be spending for human services. Ms. Dacy stated that this would not be known until the County receives the applications from the cities. She stated that based on past experiences, this has not been a problem. Councilwoman Jorgenson stated that with the economy as it is today, she felt more communities were seeing a need for human services. Ms. Dacy stated that she can contact the C�unty to see if they have any insight as to how cities may be allocating their CDBG funds. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 6. APPROVE JOINT POWERS AGREEMENT BETWEEN THE COUNTY OF ANOKA AND THE CITY OF FRIDLEY FOR THE PURCHASE OF MOBILE DATA TERMINALS� Mr. Burns, City Manager, stated that this joint powers agreement will allow the City to take advantage of the County's purchase price for three mobile data terminals for use in the police cars. He stated that the benefit of these computer terminals is to allow police officers to access sources of police information data directly from their vehicles. MOTION by Councilman Schneider to authorize the City to enter into this Joint Powers Agreement for the purchase of mobile data terminals. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7. RECEIVE BIDS AND AWARD CONTRACT FOR TREE AND STUMP REMOVAL: AND RECEIVE BIDS AND AWARD CONTRACT FOR STREET SWEEPING: MOTION by Councilman Fitzpatrick to receive the bid from Outside Services, Inc. for tree and stump removal for various amounts based on the size of the tree or stump. Seconded by Councilman Schneider. Upo�t•-a �oice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Flora, Public Works Director, stated that Outside Services, Inc. of Anoka was the only firm to submit a bid for tree and stump """FRIDLEY CITY COIINCIL MBETING OF FEBRIIARY 1. 1993 PAGB 7 removal. He stated that the bid was less than the one received last year, and the cost for this service depends on the diameter of the tree or stump to be removed. He stated that an amount not to exceed $25,000 has been budgetecl for this item, and he - recommended Outside Services, Inc. be awarded the contract. Councilwoman Jorgenson asked why the City did not receive more than one bid. Mr. Flora stated that it was possibly because of the bonding requirement which some smaller firms may not be able to furnish. However, the City needs the security of the bonds. MOTION by Councilman Schneider to award the contract for tree and stump removal to Outside Services, Inc. P.O. Box 875, Anoka, Minnesota 55303 for an amount not to exceed $25,000. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � MOTION by Councilman Billings to receive the following bids for street sweeping: Allied Blacktop Company $57.00/hour 10503 89th Avenue North Maple Grove, NIN 55369 Clean Sweep, Inc. 13480 Pioneer Trail Eden Prairie, MN 55347 $69.50/hour Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Flora, Public Works Director, stated that two bids were received for the street sweeping contract, and Allied Blacktop Company was the low bidder at $57 per hour. He stated that $18,000 has been budgeted for this work, and he recommended that Allied Blacktop be awarded the contract. MOTION by Councilman Billings to award the contract for street sweeping to the low bidder, Allied Blacktop Company, at $57 per hour for an amount not to exceed $18,000. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimousiy. 8. RESOLUTION NO 12-1993 ORDERING ADVERTISEMENT FOR BIDS; °+rt" REMOVAL AND REPLACEMENT OF MISCELLANEOUS CONCRETE, CURB, �=�- GUTTER AND SIDEWALK - 1993 PROJECT NO. 245: MOTION by Councilman Fitzpatr� �?:adopt Resolution No. 12-1993. Seconded by Councilwoman Jorc�o�., °tJpon a voice vo�e, all voting aye, Mayor Nee declared the motton carr�ied unanimously. FRIDLBY CITY COIINCIL MEETING OF FTBRIIARY"r`.--19zJ3 PAGE 8 9. RESOLUTION NO. 13-1993 INDEMNIFYING AND HOLDING HARMLESS THE STATE OF MINNESOTA FOR ACTIONS ARISING FROM THE GRANTING OF A VARIANCE ON S.A.P. 127-316-05 tMONROE STREET), S.A.P. 127-325-01 (BROOKVIEW DRIVE), AND S.A.P. 127-351-U1 (REGIS DRIVE�„l CITY PROJECT NO. 1993-2: Mr. Flora, Public Work Director, stated that these three MSA streets were granted variances to use the existing 40 and 50 foot right-of-ways in lieu of the required 60 foot right-of-way when they are reconstructed. He stated that the variance is contingent upon the City Council adopting this resolution holding the State harmless for actions arising from granting the variance. He stated that the difference in right-of-way widths does not affect the project or the safety at these locations. Councilman Schneider asked if it was difficult to obtain the variance. Mr. Flora stated that there is a board that meets to consider the variance. The board composed of five appointed officials, and they asked a number of questions as to why the City needed the right- of-way. He stated that he thought the City would not receive the variance, but he pointed out to the board the number of homes involved and it was granted. MOTION by Counciiman Schneider to adopt Resolution No. 13-1993. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. RESOLUTION NO. 14-1993 APPOINTING THE CITY REPRESENTATIVE TO THE SIX CITIES WATERSHED MANAGEMENT ORGANIZATION: Mr. Flora, Public Works Director, stated that former Assistant Public Works Director, Mark Winson, is listed as the Alternate Representative, and this new resolution is requested to change the Alternate Representative to Scott Erickson. MOTION by Councilwoman Jorgenson to adopt Resolution No. 14-1993. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilwoman Jorgenson asked the difference between the Six Cities Watershed Management Organization and a Watershed District. Mr. Flora stated that a Watershed Management Organization does not have taxing authority, but a Watershed District does have taxing authority. Councilwoman Jorgenson asked the number of watershed districts in the State. FRIDL$Y CITY COIINC�L M�BTINQ OF F$BRIIARY 1. 1993 PAQS 9 Mr. Flora stated that there are 46 total organizations and districts. He stated that the seven county metropolitan area all have some type of organization handling storm water. 11. RESOLUTION NO. 15-1993 REVOKING MUNICIPAL STATE AID �TREETS: Mr. Flora, Public Works Director, stated that in April, 1992 the Council informally approved a list of new designated State Aid Streets and a list of existing State Aid Streets to be revoked. He stated that this resolution reflects a revocation of 0.41 miles. He stated that the next resolution on the agenda for the Council's consideration establishes a new designation of 1.54 miles. MOTION by Councilman Schneider to adopt Resolution No. 15-1993. Seconded by Councilwoman Jorgenson. Councilwoman Jorgenson asked what this accomplishes for the residents. Mr. Flora stated that when streets are designated as MSA streets, the City receives maintenance funds,.as well as construction funds to build the streets to MSA standards. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 12. RESOLUTION NO. 16-1993 ESTABLISHING MUNICIPAL STAfiE AID STREETS• MOTION by Councilman Fitzpatrick to adopt Resolution No. 16-1993. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13. RESOLUTION NO. 17-1993 AUTHORIZING HOLMES & GRAVEN TO REPRESENT THE CITY OF FRIDLEY IN LAWSUITS COMMENCED BY JOHN STARKS AND CHRISTOPHER FIELDS: Mr. Hunt, Assistant to the City Manager, stated that there has been publicity pertaining to lawsuits brought against the Minnesota Police Recruitment System (MPRS). He stated that this organization recruits and tests potential police officers. He stated that the cities involved in this organization, through a joint powers agreement, are being sued. He stated that the cities are proposing that the board of the MPRS and the city managers of the 36 cities name a single law firm to represent them. He stated that the law firm chosen is Holmes & Graven, and this firm currently is the firm that represents` the-�-.MPRS . Mr. Hunt stated that this resolution would authorize Fridley's participation in the cost of the lawsuit, and the amount would not exceed $5,000. He stated that at preliminary meetings, it was felt FRIIIL$Y CITY COIINCIL,MEBTING OF F$BROARY 1. 1993 PA68 10 the cost would be considerably less. He stated that this figure would change if there were numerous awards. Councilwoman Jorgenson stated that this case has been well publicized, but she did not anticipate it would affect Fridley. She asked Mr. Hunt to explain the lawsuit for the pubiic's benefit. Mr. Hunt stated that two candidates for polic� officer are alleging the testing devices used by the MPRS are both biased against minorities in the actual design of the test and the practical outcome. He stated it is alleged that very few minority candidates make it through the test to be appointed as police officers. He stated that the MPRS does not accept these allegations and in meetings he has attended, they vigorously contest the allegations. He stated that one of the questions to be decided is if the California Personality Inventory exam, which is used to screen applicants, is inherently biased. He stated that this test is one of the most validated in the country. Mr. Herrick, City Attorney, stated that, basically, at the meetings he attended, it was pointed out that this organization spent about $275,000 in evaluating these tests, and they met and exceeded the requirements of the Federal agencies, as far as discrimination. He stated that there was a claim that there were not enough people of color or minorities that have taken the test to have any statistical validity. He stated that even though there were only a small number of minorities that took the test, some have passed and have been hired. He stated that he got the impression, from the attorneys representing the cities, that they had a strong defense to the allegations. MOTION by Councilwoman Jorgenson to Seconded by Councilman Schneider. aye, Mayor Nee declared the motion 14. INFORMAL STATUS REPORTS: FENCE ON UNIVERSITY AVENUE: adopt Resolution Nc Upon a voice vote, carried unanimousl�r. . 17-1993. all voting Mr. Hunt, Assistant to the City Manager, stated that in October, 1992, the Fridley Chamber of Commerce wrote a letter to the City Council requesting removal of the fence on the east side of University Avenue between I-694 and Mississippi Street. He stated that at the Council's direction, a letter was sent to the people on either side of University Avenue asking the residents if they felt the fence should remain or be removed. Mr. Hunt stated that the responses were as follows: On the east side of University Avenue, 39 stated it should be removed; eleven stated it should remain; and zero had no opinion. On the west side of University Avenue, three stated it should be removed; zero FRIDLEY CITY COIINCIL MBETINQ OF FBBRIIARY 1, 1993 PAG$ 11 stated it should remain; and one had no opinion. He stated that this is about four to one in favor of removing the fence. Mr. Hunt stated that there were additional comments. Some stated it should be removed on both sides. Others wanted the fence to remain on the south half of the east side, but they did not have a great objection to removing the fence between 61st Avenue and Mississippi Street. � Mr. Hunt stated that given the fact that the fence is the property of the State, a draft resolution has been prepared which the Council may want to consider. This resolution would forward the matter to the Highway Department for them to review and make a decision. Councilwoman Jorgenson asked of the 39 who responded to remove the fence on the east side, how many were coYnmercial business owners, and how many were residential home owners. Mr. Hunt stated that there was a petition from 28 businesses to remove the fence. Councilman Billings stated that he sent a letter to the Highway Department forwarding the petition, without any recommendation, indicating that he would like them to review this issue. Mr. Hunt stated that the Highway Department's response is that they would consider the matter if they received a requ�st from the Council. � Councilman Billings stated that the draft resolution requests the Highway Department to review this issue and hold whatever hearings are necessary on the fate of the fence. He stated that the resolution does not make a recommendation to remove the fence or let it remain, but requests the Highway Department respond to the petition and the letter from the Chamber of Commerce. MOTiON by Councilman Billings to request that this petition and resolution be placed on the Council's agenda for the Council meeting on February 22, 1993. Seconded by Councilwoman Jorgenson. Mayor Nee stated that he would like the resolution to contain the vote. Councilwoman Jorgenson stated that she was contacted by persons who wish to submit a petition to the Council at the Fe#�rua�y 22 meeting. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. FRIDLBY CITY COIINCIL MEETING OF F$BRIIARY 1, 1943 �"'" � PAGB 12 15. CLAIMS: MOTION by Councilman Schneider to authorize payment of Glaim Nos. 47506 through 47742. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 16. LICENSES• MOTION by Councilwoman Jorgenson to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 17. ESTIMATES• MOTION by Councilman Fitzpatrick to approve the estimates as submitted: Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, MN 55432 Statement for Services Rendered as City Prosecuting Attorney for the Month of December, 1992. . . . . . . . . $14,325.00 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT• MOTION by Councilman Schneider to adjourn the meeting. Seconded by Councilwoman Jorgenson. Upon a voice vote, a11 voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of February 1, 1993 adjourned at 9:05 p.m. Respectfully submitted, Carole Haddad William J. Nee Secretary to the City Council Mayor Approved: � � Community Development Depar�ment � G DIVISION City of Fridley DATE: February 18, 1993 �. TO: William Burns, City Manager �� FROM: Barbara Dacy, Community Development Director SUBJECT: Consideration of 19�93 Community Development Block Grant Application and Reallocation of the 1991 and 1992 Community Development Block Grant Funds On February 1, 1993, the City Council tabled action on the CDBG funds because Anoka County notified the City that additional funds were available. The City of Fridley will receive $134,400. Anoka County typically subtracts a$1,000 administration fee from I each community; therefore, $133,400 is available for programming. The City Council also inquired about the availability of public � service funds. JoAnn Wright advised that the City may want to reduce its typical pe�centage of public service funds since mor.e communities appear to be requesting more dollars for public service projects. Anoka County has a 15� cap of total CDBG funds to be allocated to public service projects. The City Council has also in the past been concerned about availability of juvenile-related programs. A potential distribution of the 1993 CDBG funds is as follows: l. Administrative fee - $1,000 2. Housing Rehabilitation Program - $98,800 3. Human Services - $30,600 4. Juvenile-Related Programs - $4,000 Total - $134,400 The juvenile-related programs and the human service programs are considered part of the public service allocation. Together, these programs comprise 26� of the total budget. , 1993 CDBG Allocation February 18, 1993 Page 2 Aacompanied with the 1993 allocation is a proposal to reallocate the 1991 and 1992 funds of the Riverview Heights budget and reallocate them to the housing rehabilitation program. The reallocated amount of both years would total $78,730.43. Combined with the 1993 allocation of $98,800, a total of $177,530.43 would be available for the housing rehabilitation program. Staff Recommendation Staff recommends that the City Council approve the 1993 CDBG funding proposal and application for submission to Anoka County and the reallocation of $78,730.43 from the Riverview Heights project to the housing rehabilitation program. BD/dn � M-93-74 �� _ � DATE: TO: FROM: SUBJECT: Community'-Development Departmerit NG DIVISION City of Fridley February 11, 1993 William Burns, City Manager Barbara Dacy, ComYUUnity Development Director CDSG Public Service Activities and Allocation At the February 1, 1993 City Council meeting, Councilwoman Jorgenson asked if we had an indication of what other Anoka County communities were going to spend on human services. I volunteered to contact JoAnn Wright for a"best guess.". JoAnn advised me that her sense was that communities were allocating more to public service projects. Wright recommends that the City use a 20� allocation versus a 30� allocation if we are concerned about Anoka County reducing public service budgets after the application deadline. Of the proposed allocation of $133,400, 20% wouid be approximately $26,68Q. Staff recommends that the City Council allocate $30,900 to human services which matches the amount originally anticipated and the amount that was reviewed by the Human Resources Commission. The $30,900 allocation represents 23� of the total budget. . At its most recent meeting on February 4, 1993, the Human Resources Commission reviewed the City Council action to table the request and to evaluate the level of human service funding. The Human Resources Commission expressed an interest in receiving some of the additional funds, but the.Commission recognized and supported the City Council efforts to use the additional ,funds for housing rehabilitation purposes or other issue areas deemed to be a priority,. I have attached a letter from Jo County's policies and procedure allocation. Councilmembers may future reference. BD/dn M-93-60 Ann Wright which describes Anoka s regarding the public service want to keep this on file for . o��p COUM� � � ��-. M�NNESOt P COUNTY OF ANOKA Urban Anoka Couniy Community Development Block Grant GOVERNMENT CENTER 2100 3rd Avenue • Anoka, Minnesota 55303-2489 •(612) 323-5709 January 28, 1993 Ms. Barbara Dacy, Planning Coordinator City of Fridley 6431 University Avenue N. E. Fridley, Minnesota 55432 Re: Actual 1993 CDBG Budget Dear Barbara: We have received HUD notification of our �inal 1993 CDBG budget. i have attached a worksheet showing actual budgets available to each community. Keep in mind that 1993 CDBG project applications are due February 26 and that communities submitting late applications may not have access to public service and/or planning dollars if the set asides for those activities have been depleted by the earlier applications. Please call with any questions. JOW:sw Enclosure Sincerely, � � JoAnn O. Wright Community Development Manager Affirmative Action / E�j,Qpportunity Employer ` r- r � ., . ,- .., r .. �-' • � "�� j . � � s" �� f �.� ;��j�%�'�'%�-.�,. • ,; .� �. ..��; � �� "0?A:. :993 AC?UAi ------------------------------- AREA I BLAItiE 8:64,427 : COLUMBIA �EIG:?S s229,?4? . F�IDLEY 5:34,»00 : A KA 1 ,6i 1 COON 4APID5 S275,880 1 AREA II EAST 3£i�E;. :,I�O �AKES SPR:YG LA�;E DA�{ Atit��t�'c� ' i?At, LAKE • ARiA Iii RAMS�Y � ^AY G80VE 7� :.Iiifl40D Ci:iCLE PI\'"cS '7� ?L'�4s -+- COLUP!5US AR"cA iV !�IL:.T.^? '7� ��X:`�G°�1 � :�tli::.:, 7�' :,i. F�A�i�:S �' �£VT:.3Vi:.LE CO�NTY i0?Ai. S41,?BB 534,�34 526,?54 S5U,6i8 334,3C3 2 z 2 2 2 "':aEr-: EA:t ALLOCATiO� ESiI!7ATE-FUTU4E YEA�S '!AY 1tA�Y ?63�72 s493,�8: 9689,247 S4C3,20C g4g0,84g :P,27,640 :.9?097 S:?�, �,fiq .1:;3,30� s8e,96i �i5:,854 s?:7,G09 -::; 928 530,:07 3 5�'_,?23 Si7,?29 3 s83,:87 -i7,�29 3 sSi,g�4 s9,;:4 3 :.27,�42 S:C,.ib 3 �30,?�? �°i9,234 3 S57,iC2 7L2p3 s:�,974 �� 3�8,..._ 58.�%b s26,583 S7,J�: Si,��9,�00 3�29,7a� S1,'79,?04 e a 4 4 S38,91_2 555,_87 325,42A S�O,�s�a s�Z,=%ZJ �- �►o-� � � 9� ,� �29�co .f.. �p �/�� L� ;?79C�0 ;here wi:= be a ceduct:e^ ef 51,000 _zo� �ach co�:�ur..�r durinq each year of part:cipation. ihe ceccct:or !+i�i be �ade Nhen the community sabAits its a�p'_:cat�o^. Exam�le: If iil?top elects to use a t^:=e ya_ar. d�lOCdt�on of si9�:33 CUIIP.(j �i.he :Q9J'3L0(j'id� p23Z�t�:B ?ut0�(:L 3V31ie�:!' to t�e City wzl_ be �i8,533. If t7e Citf rnose ro cse .9,r.44 eacc ci �^rae ;uccessive years, the amount availahie t:, r.he City vou_� ae �3,��4 . each year for a totai tfiree year al�ocat_on �f ?25,�_3. !■�J CITY OF FRIDLEY 1993 COMMUNITY DEVELOPMENT BLOCK APPLICATION 1E HOUSING REHABILITATION CDBG PROPOSAL FY 1993 City of Fridley 1F HO�SING REHABILITATION Project Overview The City of Fridley will offer the Housing Rehabilitation program to low to moderate income Fridley residents for the purpose of maintaining and improving the City's aging housing stock. This program will be available to targeted neighborhoods. At this time, the selection criteria for defining a targeted neighborhood has not been completed. The City is in the process of hiring a Housing Coordinator. The Housing Coordinator will work immediately to develop selection criteria for defining targeted neighborhoods. Program requirements will be dictated by HUD rules regarding type of hotzsing, owner occupancy and loan amounts. CDBG Activitv The proposed�project will assist low to moderate income residents in maintaining and improving their single family residences. This year FY 1993, the City of Fridley City Council has allocated $98,800 to this project. Targeting the rehabilitation funds will also help to improve liveability and quality of immediate neighborhood. Funding Summar� Total 3993 CDBG Project Costs . . . . . . . . . . . . .$98,800.00 Proiect Duration The project for which CDBG monies are committed will be completed in 18 months of project approval. Goals of the Project 1. To provide funds for low to moderate income households to correct health and safety code violations and problems in their homes. 2. To improve the liveability and appearance of specific neighborhoods within Fridley. Pro�ect Contact Person Barbara Dacy, Community Development Director, City of Fridley, 6431 University Avenue N.E., Fridley, MN 55432 1G � PUBLIC AND HUMAN SERVICE FUNDING CDBG PROPOSAL FY 1993 City of Fridley 1H � . '°--':` PUBLIC AND HUMAN SERVICE FUNDING �°�- Project Overview The City of Fridley in its effort to provide needed services to its residents is providing assistance to groups who (1) provide service to predominantly lower income people; (2) need funding for facilities, supplies, operating e�enses, or staff time, but not construction; and (3) seek CDBG funding which will not substitute for previous regular funding from City of Fridley which was not CDBG monies. CDBG Project Activit.y The project activity being proposed in this application involves � the funding of service groups who have taken out applications with the City. Applications will be ranked based on the funding priorities of the City and qualifications of the HUD�CDBG guidelines are satisfied. Funding Summary ' Total 1993 CDBG Project Costs . . . . . . . . . . . . . $30,600.00 Project Duration The project for which CDBG monies are committed will be completed in 18 months of project approval. Goals of the Project l. To maximize the benefits to the citizens of Fridley from the limited resources available for public and human services funding. - 2. To cost effectively provide public and human services that might not otherwise be provided through the public sector. 3. To provide a means of responding to the changing needs and . interests of the community. Proiect Contact Person Steven Barg, Planning Assistant, City of Fridley, 6431 University Avenue N.E., Fridley, MN 55432 11 � _ CCiYOF I FR[DLE.Y� MEMORANDUM Municipal Center 6431 U�iversity Avenue Northeast Fridley, Minnesota 55432 (612) 572-3507 FAX: (612) 571-1287 William C. Hunt Assistant to the City Manager h�� Memo to: William W. Burns, City Manaqer �:`• From: Williant C. Huat, Assistant to the City Manaqer �j� � Bubject: Amendment to Personnel Ordinance Date: February 2, Z993 At their February 1, 1993, meeting the Fridley City Council passed on first reading an amendment to Section 3.09, Administrative Policy, of the Fridley City Code of Ordinances. With this amendment in place, it would be. possible for the Fridley Police Department to run criminal record checks on candidates for employment or for other lawful purposes. At the present time, in order to run a lawful criminal records check on a prospective employee, we must write to the Bureau of Criminal Apprehension and send $8.00 for each request. This process can take as much as two weeks to complete. With the passage of the amendment, we can do this in a manner of minutes at no additional cvst to the City. It should be kept in mind that no criminal records check will be conducted unless we have a signed release from the subject of the records check in question. I request that you present this amendment to the Fridley City Council Por second reading at their meeting of February 22, 1993. WCH:rsc r� ORDINANCE NO. AN ORDINANCE RBCODIFYIN(3 THE FRIDLFY CITY CODL, CBAPTSR 3, ENTITLRD ��PSRSONNEL�� BY AMLNDIN(3 SECTION 3.09 The Council of the City of Fridley does ordain as followsz Section 3.09 Administrative Policy The City Manager shall have the power to formulate and execute such administrative policies which will further clarify and complement this Chapter and to make rules and regulations for the employment of temporary, part-time and contract employees as well as consultants and independent contractors for services. Such administrative policies, rules>�, and regulations shall apply to all City employees unless there is a specific provision to the contrary � in this Chapter or in a collective bargaining agreement entered into by the City. The administrative policies shall provide for verification and investigation of facts set forth in employment applications, including examination of criminal and traffic records. PA5SED AND ADOPTED BY THE COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1993. WILLIAM J. NEE - MAYOR ATTEST: WILLIAM A. CHAMPA - CITY CLERK First Reading: February 1, 1993 Second Reading: Publish: 2A � � ��OF FRtDLEY MEMORANDUM Municipal Center 6431 UniVersity Avenue Northeast Fridley, Minnesota 55432 (612) 572-3507 �AX: (612) 571-1287 William C. Hunt Assistant to the City Manager Memo To: William W. Burns, City Manaqer�� From: William C. Hunt, Assistant to the City Manaqer subject: Labor Aqreement aith International IInion of operatinq Enqineers Local No. 49 Date: February 4, 1993 The employees of the City of Fridley represented by the International Union of Operating Engineers Local Union No. 49 have voted to accept the offer which the City has made. This will involve the following changes to the present contract: 1. Appendix A. A three percent (3�) increase in wage rates. 2, ARTICLE 19.1 INSURANCE. An increase in the maximum contribution of the City toward health, life and dental insurance for employees choosing family coverage of $20.00 per month from $275.00 per month in 1992 to $295.00 per month in 1993. 3. ARTICLE 19.2 Establishment of a maximum contribution of� $205.00 per month per employee toward group health, life and dental insurance for employees choosing single coverage. 4. ARTICLE 19.3 and ARTICLE 19.4 slight changes in language to accommodate the previous two changes. 5. ARTICLE 27 HOLIDAYS. Addition of a paragraph to clarify the existing practice of paying employees at the rate of time-and- one-half for hours worked on City-designated holidays. Remaining in effect are the resolution and memorandum of understanding dated June 1, 1987 relating to the inclusion of members of the Local Fridley Bargaining Unit in the Flexible Benefit Plan for City employees and the resolution (also dated June 1, 1987) authorizing the inclusion of the Public Works Maintenance employees in an employee separation benefit plan. I have prepared a resolution for consideration by the Fridley City Council at its meeting of February 22, 1993. WCH/ j b 3 RESOLIITION NO. - 1993 RESOLIITION AIITHORIZING SIGNING AN AGRESMENT FOR CERTAIN RMPLOYEEB REPRE8ENTED BY INTERNATIONAL IINION OF OPERATING LNGINEERB, LOCAI, NO. 49� AFL-CIO (PIIBLIC WORRS MAINTENANCEj FOR 1993 WHEREAS, the International Union of Operating Engineers, Local No. 49, AFL-CIO, as bargaining representative for certain Public Works Maintenance employees of the City of Fridley, has presented to the City of Fridley various requests relating to the wages and working conditions of employees of the Public Works Department of the City of Fridley; and WHEREAS, the City of Fridley has presented to the designated representatives of Local 49 various requests relating to the wages and working conditions of employees of the Public Works Department of the City of Fridley; and WHEREAS, ,representatives of the Union and the City have met and negotiated regarding the reque�sts of the Union and the City; and WHEREAS, agreement has now been reached between representatives of the two parties on the proposed changes to the existing agreement between the City and the Union; NOW, THEREFORE, BE IT RESOLVED by the City of Fridley that such agreement is hereby ratified and that the Mayor and City Manager are hereby authorized to sign t$e attached Labor Agreement including Appendix A, Appendix B, and Appendix C relating to wages and working conditions of.employees of the City of Fridley Public Works Department. PASSED AND ADOPTEU BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS TH DAY OF , 1993. ' - WILLIAM A. CHAMPA - CITY CLERK 3A WILLIAM J. NEE - MAYOR LABOR AGREEMENT BETWEEN THE CITY OF FRIDLEY AND THE INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL NO. 49 AFL-CIO 1993 . LABOR AGREEMENT BETWEEN THE CITY OF FRIDLEY � AND THE INTERNATIONAL.�JNION OF OPERATING ENGINEERS LOCAL NO. 49 AFL-CIO 1993 Page ARTICLE I . . . . . . . . . . . . . . . . . 1 . . . . ARTICLE II . . . . . . . . . . . . . . . . . . . . . . . . . 1 ARTICLE III . . . . . . . . . . . . . . . . . 1 . . . . . . . . ARTICLE IV . . . . . . . . . . . . . . . . . . . . . . . . . . 2 ARTICLEV . . . . . . . . . . . . . . . . . . . . . . . . . 2 ARTICLEVI . . . . . . . . . . . . . . . . . . . . . . . . . . 2 ARTICLE VII . . . . . . . . . . . . . . . . . . . . . . . . . 6 ARTICLE VIII . . . . . . . . . . . . . . . . . . . . . . . . . 7 ARTICLEIX . . . . . . . . . . . . . . . . . . . . . . . . . . 7 - ARTICLE X . . . . . . . . . . . . . . . . . '7 . . . . . . . . ARTICLE XI. . . . . . . . . . . . . . . . . . . . . . . . . 8 ARTICLE XII . . . . . . . . . . . . . . . . . . . . . . . . . 8 ARTICLE XIII . . . . . . . . . . . . . . . . . . . . . . . . . 8 ARTICLE XIV . . . . . . . . . . . . . . . . . . . . . . . . . 8 ARTICLE XV . . . . . . . . . . . . . . . . . . . . . . . . . . 9 ARTICLE XVI . . . . . . . . . . . . . . . . . . . . . . . . 9 . ARTICLEXVII . . . . . . . . . . . . . . . . . . . . . . . . . 9 ARTICLE XVIII . . . . . . . . . . . . . . . . . . . . . . . . 9 �`l� ARTICLE XIX . . . . . . . . . . . . . . . . . . . . . . . . . 10 ARTICLEXX . . . . . . . . . . . . . . . . . . . . . . . . . 10 ARTICLEXXI . . . . . . . . . . . . . . . . . . . . . . . . . 12 ARTICLEXXII . . . . . . . . . . . . . . . . . . . . . . . . 13 ARTICLE XXIII . . . . . . . . . . . . . . . . . . . . . . . . 13 ARTICLEXXIV . . . . . . . . . . . . . . . . . . . . . . . . . 14 1�RTICLE XXV . . . . . . . . . . . . . . . . . . . . . . . . . 14 ARTICLE XXVI . . . . . . . . . . . . . . . . . . . . . . . . . 14 ARTICLE XXVII . . . . . . . . . . . . . . . . . . � . . . . . 15 ARTICLE XXVIII . . . . . . . . . . . . . . . . . . . . . . . . 15 ARTICLE XXIX . . . . . . . . . . . . . . . . . . . . . . . . . 15 ARTICLE XXX . . . . . . . . . . . . . . . . . . . . . . . . . 15 ARTICLE XXXI . . . . . . . . . . . . . . . . . . . . . . . . . 16 ARTICLE XXXII . . . . . . . . . . . . . . . . . . . . . . . 16 ARTICLEXXXIII . . . . . . . . . . . . . . . . . . . . . . . . 16 APPENDIX A . . . . . . . . . . . . . . . . . . . . . . . . . . 18 APPENDIX B. . . . . . . . . . . ., . . . . . . . . . 19 APPENDIX C . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 _ 3D LABOR AGREEMENT BETWEEN THE CITY OF FRIDLEY AND THE INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL NO. 49 AFL-CIO ARTICLE I. PURPOSE OF AGREEMENT This AGREEMENT is entered into between the CITY OF FRIDLEY, � hereinafter called the EMPLOYER, and the Local No. 49, International Union of Operating Engineers, AFL-CIO, hereinafter called the UNION. It is the intent and purpose of the AGREEMENT to: 1.1 Establish certain hours, wages and other conditions of employment; 1.2 Establish procedures for the resolution of disputes concerning this AGREEMENT'S interpretation and/or application; and 1.3 Specify the full and complete understanding of the parties• and 1.4 Place in written form the parties' agreement upon terms and conditions of employment for the duration of this AGREEMENT. The EMPLOYER and the UNION, through the AGREEMENT, contintie their dedication to the highest quality of public service. Both parties recognize this AGREEMENT as a pledge of this dedication. ARTICLE II. RECOGNITION The EMPLOYER recognizes.the UNION as the exclusive representative in a unit as certified by the Minnesota Bureau of Mediation Services. � ARTICLE III. UNION SECURITY In recognition of the UNION as the exclusive representative, the EMPLOYER shall: 1 3E 3.1 Deduct each payroll period�-an amount sufficient to provide the payment of dues established by the UNION from the wages of all employees authorizing in writing such deduction, and 3.2 Remit such deduction to the appropriate designated officer of the UNION. 3.3 The UNION may designate certain employees from the bargaining unit to act as stewards and shall inform the EMPLOYER in . writing of such choice. 3.4 The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits, orders, or judgments brought or issued against the CITY under the provisions of this Article. ARTICLE IV. EMPLOYER SECURITY The UNION agrees that during the life of this AGREEMENT it will not cause, encourage, participate in or support any strike, slow-down or other interruption of or interference with the normal functions of the EMPLOYER. ARTICLE V. EMPLOYER AUTHORITY 5.1 The EMPIAYER retains the full and unrestricted right.to operate and manage all manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct, and determine the number of personnel; to establish work schedules and to perform any inherent managerial function not specifically limited by this AGREEMENT. 5.2 Any term and condition of employment not specifically - established or modified by this AGREEMENT shall remain solely within the discretion of the EMPLOYER to modify, establish, or eliminate. ARTICLE VI. EMPLOYEE RIGHTS -- GRIEVANCE PROCEDURE 6.1 DEFINITION OF A GRIEVANCE A grievance is defined as a.dispute or disagreement as to the interpretation or application of the specific terms and conditions of this AGREEMENT. 6.2 UNION REPRESENTATIVES The EMPLOYER wi11�:-recogr��3:ze>��tE�RESENTATIVES designated by the UNION as the grievance representatives of the bargaining unit having the duties and responsibilities established by the 2 3F Article. The UNION shall notify the ENL'�..LQYER: in writing of the names of such UNION REPRESENTATIVES and of their successors when so designated. 6.3 PROCESSING OF A GRIEVANCE � It is-recognized and accepted by the UNION and -the EMPLOYER - that the processing of grievances as hereinafter provided is limited by job duties and responsibilities of the EMPLOYEES and shall therefore be accomplished during normal working hours only when consistent with such EMPLOYEE duties and responsibilities. The aggrieved EMPLOYEE and the UNION REPRESENTATIVE shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the EMPLOYER during normal working hours provided that the EMPLOYEE and the UNION REPRESENTATIVE have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the EMPLOYER. Grievances, as defined by Section 6.1, shall be resolved in conference with the following procedure: Step 1. An EMPLOYEE claiming a violation concerning the interpretation or application of this AGREEMENT shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the EMPLOYEE'S supervisor as designated by the EMPLOYER. The EMPLOYER-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 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision of provisions of the AGREEMENT allegedly violated, and the remedy requested and shall be appealed to Step 2 within ten (10) calendar days after the EMPLOYER-designated representative's final answer in Step l. Any grievance not appealed in writing to Step 2 by the UNION within ten (10) 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 EMPLOYER-designated representative shall give the UNION the EMPLOYER' S S�:ep 2 ar�s�ae�_in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 3G within ten (10j calendar. days following the EMPLOYER- designated representative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the UNION within ten (10) calendar days shall be considered waived. Step 3. If appealed, the written grievance shall be presented by the UNTON and discussed with the EMPIAYER-designated Step 3 representative. The EMPLOYER-designated representative shall give the UNION the EMPLOYER'S answer in writing within ten (10) calendar. days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the EMPLOYER- designated representative's final answer in Step 3. Any grievance not appealed in writing to Step 4 by the UNION within ten (10) calendar days shall be considered waived. Step 4. A grievance unresolved in Step 3 and appealed in Step 4 shall be submitted to the Minnesota Bureau of Mediation Services. A grievance not resolved in Step 4 may be appealed to Step 5 within ten (10) calendar days following the EMPLOYER'S final answer in Step 4. Any grievance not appealed in writing to Step 5 by the UNION within ten (10) calendar days shall be considered waived. Step 5. A grievance unresolved in Step 4 and appealed in Step 5 sha11 be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. If the parties cannot agree upon an arbitrator the selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Public Employment Relations Board. 6.5 ARBITRATOR'S AUTHORITY A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the EMPLOYER and the UNION, and shall have. no authority to make a decision on any other issue (s) not so submitted. B. The arbitrator shall be without power to make decisions contrary to or inconsistent with, or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator's 4 3H decision shall be submitted in writing withi��.thirty (30) days following the close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the EMPLOYER and the UNION and shall be based solely on the arbitrator's interpretation or application of the express terms of this AGREEMENT a�d to the facts of the grievance presented. C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the EMPLOYER and the UNION provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings, the cost�shall be shared equally. 6.6 WAIVER If a grievance is not presented within limits set forth above, it shall be considered "waived". If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it�shall be considered settled on the basis of the EMPLOYER!S last answer. If the EMPLOYER does not answer a grievance or.an appeal thereof within the specified time limits, the_ UNION may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual agreement of the EMPLOYER and the UNION. 6.7 CHOICE OF REMEDY . If, as a result of the EMPLOYER response in Step 4, the - grievance remains unresolved, and if the grievance involves the suspension, demotion, or discharge of an employee who has completed the required probationary period, the grievance may be appealed to Step 5 of Article VI or a procedure such as: Civil Service, Veteran's Preference, or Fair Employment. If appealed to any procedure other than Step 5 of Article VI, the grievance is not subject to the arbitration procedure as provided in Step 5 or Article VI. The aggrieved employee shall indicate in writing which procedure is to be utilized (Step 5 or Article VI or another appeal procedurej and shall sign a statement to the effect that the choice of any other hearing precludes the aggrieved employee from making a subsequent appeal through Step 5 of Article VI. 5 31 ARTICLE VII. DEFINITIONS .- 7.1 UNION The International Union of Operatinq Engineers, Local No. 49, AFL-CIO. 7.2 EMPLOYER The City of Fridley. 7.3 UNION MEMBER A member of the International Union of Operating Engineers, Local 49, AFL-CIO. 7.4 EMPLOYEE � A member of the exclusively recognized bargaining unit. 7.5 BASE RATE OF PAY The Employee's hourly pay rate exclusive of longevity or•any other special allowance. 7.6 SENIORITY Length of continuous service in any job classifications covered by ARTICLE II -- RECOGNITION. Employees who are promoted from job classification covered by this AGREEMENT and return to a job classification covered by the AGREEMENT shall have their seniority calculated on their length of service under this AGREEMENT for purposes of promotion, transfer and lay off and total length of service with the EMPLOYER .for other benefit under this AGREEMENT. � - 7.7 SEVERANCE PAY Payment made to an employee upon honorable termination of _ employment. 7.8 OVERTIME Wark performed at the express authorization of the EMPLOYER in excess of either eight (8) hours within a twenty-four (24) hour period (except for shift changes) or more than forty (40) hours within a seven (7) day period. 7.9 CALL BACK _.' . . . . '� ..�.SPk�;:�. . Return of an employee to a specified work site to perform assigned duties at the e�cpress authorization of the EMPLOYER F� 3J at a time other than an assigned shift. An extens�on--of--or early report to an assigned shift is not a call back. 7.10 STANDBY PAY Compensation for standing by at the City's request., or being available for work on days that are normally considered to be employee's day off. ARTICLE VIII. SAVINGS CLAUSE The AGREEMENT is subject to the laws of the United States, the State of Minnesota and the signed municipality. In the event any provision of this AGREEMENT shall be held to be contrary to law by a court of competent jurisdiction from whose final judgement or decree no appeal has been taken within the time provided, such provisions shall be voided. All other provisions of the AGREEMENT shall continue in full force and effect. The voided provision may be renegotiated at the request of either party. ARTICLE IX. WORK SCHEDULES 9.1 The sale authority in work schedules is the EMPLOYER. The normal work day for an employee shall be eight (8) hours. The normal work week shall be forty (40) hours Monday through Friday. 9.2 Service to the public may require the establishment of regular shifts for some employees on a daily, weekly, seasonal, or annual basis other than the normal 8:00-4:30 day. The EMPLOYER will give seven (7) days advance notice to the employees affected by the establishment of work days different from the employee's normal eight (8) hour work day. 9.3 In the event that work is required because of unusu�l circumstances such as (but not limited toj fire, flood, snow, sleet, or breakdown of municipal equipment or facilities, no advance notice need by given. It is not required that an employee working other than the normal workday be scheduled to work more than the eight (8) hours; however, each employee has an obligation to work overtime or call backs if requested unless unusual circumstances prevent the employee from so working. 9.4 Service to the public may require the establishment of regular work weeks that schedule work on Saturdays and/or Sundays. ARTICLE X. OVERTIME PAY 10 .1 Hours worked in excess of eight (8 ) hours w�hin -a �ter��four (24) hour period (except for shift changes) or more than forty (40) hours within a seven (7j day period will be compensated 7 3K for at one and one-ha�fin(1 1/2) times the employee's regular base pay rate. 10.2 Overtime will be distributed as equally as practicable. 10.3 Overtime refused by employees will for record,purposes under ARTICLE 10.2 be considered as unpaid overtime worked. 10.4 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded, or paid twice for the same hours worked. ARTICLE XI. CALL BACK An employee called in for work at a time ather than the employee's normal scheduled shift will be compensated for a minimum of two (2) hours' pay at one and one-half (1 1/2) times the employee's base pay rate. ARTICLE XII. LEGAL DEFENSE 12.1 Employees involved ignorance of laws, employee judgmental the municipality. in litigation because of negligence, non-observance of laws,or as a result of decision may not receive legal defense by 12.2 Any employee who is charged with a traffic violation, ordinance violation or criminal offense arising from acts performed within the scope of the employee's employment, when such act is performed in good faith and under direct order of the employee's supervisor, shall be reimbursed for reasonable attorney�s fees and court costs actually incurred by such employee in defending against such charge. ARTICLE XIII. RIGHT OF SUBCONTRACT Nothing in this AGREEMENT shall prohibit or restrict the right of the EMPIAYER from subcontracting work performed by employees covered by this AGREEMENT. ARTICLE XIV. DISCIPLINE 14.1 The EMPLOYER will discipline employees only for just cause. 14.2 An employee(s) will not be required to participate in an investigatory interview by the EMPLOYER where the information gained from the interview could lead to the discipline of the employee(sj unless the employee(s) is given the opportunity to have a third party or the Union Representative present at the interview�� to ac��aas-�� witness for the employee (s) . 8 3L ARTICLE XV. SENIORITY .».�.-..r - 15.1 Seniority will be the determining criterion for transfers, promotions and lay-offs only when all job-relevant qualifications factors are equal. 15.2 Seniority will be the determining criterion for recall when the job-relevant qualification factors are equal. Recall rights under this provision will continue for twenty-four (24) months after lay off. Recalled employees shall have ten (10) working days after notification of recall by registered mail at the employee's last known address to report to work or forfeit all recall rights. ARTICLE XVI. PROBATIONARY PERIODS 16.1 Every newly hired or rehired employee will serve a twelve �ji2) month probationary period. 16.2 Every employee will serve a twelve (12) month probationary period in any job classification in which the employee has not served a probationary period. 16.3 At any time during the probationary period, a newly hired or rehired employee may be terminated at the sole discretion of the EMPLOYER. 16.4 At any time during the probationary period, a promoted or reassigned employee may be demoted or reassigned to the employee's previous position at the sole discretion of the EMPLOYER. ARTICLE XVII. SAFETY The EMPLOYER and the UNION agree to jointly promote safe arid - healthful working conditions, to cooperate in safety matters and to encourage employees to work in a safe manner. ARTICLE XVIII. JOB POSTING 18.1 The EMPLOYER and the UNION agree that permanent job vacancies within the designated bargaining unit shall be filled based on the concept of promotion or transfer from within provided that applicants: 18.11 have the necessary qualifications to meet the standards of the job vacancy; and 18.12 have the ability to perform the duties and responsibil�ties of the j ob vacancy. �.:.s.:.,:.._,_, �:�r , � 3M 18.2 Employees�.iling a higher job class based on the provisions of the ARTICLE shall be subject to the conditions of ARTICLE XVI (PROBATIONARY PERIOD). 18.3 The EMPLOYER has the right of final decision in the selection of employees to fill posted jobs based on quaiifications, abilities and experience. 18.4 Job vacancies within posted for five (5) bargaining unit can b ARTICLE XIX. INSURANCE 29.1 The EMPIAYER ninety-five group health coverage for the desiqnated bargaining unit will be working days so that members of the e considered for such vacancies. will contribute up to a maximum of two hundred dollars ($295.00) per month per employee toward and life insurance for employees choosing family calendar year 1993. 19.2 The EMPLOYER will contribute up to a maximum of two hundred five dollars ($205.00) per month per employee toward group health and life insurance for employees choosing single coverage for calendar year 1993. 19.3 By mutual agreement employees may use fifteen dollars ($15.00) of the per month per employee of health insurance doliars in 19.1 and 19.2 for dental insurance for•all unit employees. 19.4 Employees not choosing dependent coverage cannot be covered at EMPLOYER expense for any additional insurance than the individual group health and group life insurance. Additional life insurance can be purchased by employees at the employee � s expense to the extent allowed under the EMPLOYER'S group policy. ARTICLE XX. ANNUAL LEAVE 20.1 Each employee shall be entitled to annual leave away from employment with pay. Annual leave may be used for scheduled or emergency absences from employment. Annual leave pay shall be computed at the regular rate of pay to which such an employee is entitled; provided, however, that the amount of any compensation shall be reduced by any payment received by the employee from workers' compensation insurance, Public Employees Retirement Association disability insurance, or Social Security disability insurance. An employee's accumulation of annual leave will be reduced only by the amount of annual leave for which the employee receives compensation. ,_ . . .:.,, _ . :.k�. 10 3N 20.2 Seniority shall a��-or� scheduled annual leave up to May lst of each year. After May lst, scheduled annual leave shall be on a first come, first served basis. . 20.3 A beginning employee shall accrue annual leave at the rate of eighteen (18) days per year for the first seven (7j years (84 successive months). An employee who has worked seven (7) years (84 successive monthsj shall accrue annual leave at the rate of twenty-four (24) days per year, beginning with the eighty-fifth (85th) month of successive employment. An employee who has worked fifteen (15) years (180 successive monthsj shall accrue annual leave at the rate of twenty-six (26) days per year, beginning with the one hundred eighty-first (181st) month of consecutive employment. These rates are based on a forty (40) hour regular work week. The actual amount credited to an employee in any given pay period shall be prorated according to the.actual number of regular hours worked during that pay period.� Hours worked on overtime, callback, or standby shall not enter into the calculation of the accrual of annual leave. 20.4 For an employee hired on or after July 1, 1983: The maximum total accumulation of annual leave at the end of any given year shall be thirty (30) days. Once a year, at a time designated by the City, an employee who has completed seven (7) years of service with the City will have the opportunity to exchange up to three (3) days of accumulated annual leave for cash. At the same time, an employee who has completed fifteen (15) years of service with the City will have the opportunity to exchange up to 5 days of accumulated annual leave for cash. 20.5 For an employee hired before July 1, 1983: Vacation accrued but unused as of June 30, 1983-shall be converted to annual leave at the rate of one (1) day of annual leave for one (1) day of vacation. Accrued but unused sick leave as of June 30, 1983 shall be converted to annual leave according to the following schedule: a. lst 45 days @ 1 day of annual leave for 1 day of sick leave b. 2nd 45 days @ 1 day of annual leave for 2 days of sick leave. c. Remainder @ 1 day of annual leave for 3 days of sick leave. • In lieu of severance pay, one hour of annual leave shall be credited_;.for ea�ki4..fu�1 month of employment up to a maximum of two hundred forty (240) hours. il �� The total amount of annual leave credited to the employ�!.s- -� balance as of July 1, 1983 shall be equal to accrued but unused vacation plus the amount in lieu of severance pay. If upon conversion to the annual leave plan an employee's accumulation of annual leave exceeds thirty (30) days, that amount shall b.e the maximum total accumulation (cap) for that empZoyee at the end of any subsequent year. Once a year, at a time designated by the City, an employee will have the opportunity to exchange up to five (5) days of accumulated annual leave for cash. In addition, once a year at a time designated by the City, an employee with an accumulation of annual leave in excess of thirty (30) days wili have the opportunity to exchange up to� five (5) days of annual leave for cash. Such an exchange shall reduce the maximum total accumulation (cap) of an employee by an equal amount. 20.6 Upon separation from employment with the City, an employee will be paid one (i) day's salary for each day of accrued annual leave remaining in the employee's balance: _ ARTICLE XXI. SHORT TERM DISABILITY 21.1 Each employee who has successfully completed the employee's probationary period shall be eligible for the short term disability benefit. Such an employee shall be entitled to full pay commencing.on the twenty-first (21st) consecutive working day on which the employee is absent due to a physician-certified illness or injury off the _job, and continuing until the employee returns to work able to carry out the full duties and responsibilities of the employee's position or through the one hundred and tenth (110th) working day of absence, whichever occurs first. Such an emplo�ee shall also be entitled to full pay commencing on the eleventh (llth) consecutive working day on which the employee is absent due to a physician-certified illness or injury on the job and continuing until the employee returns to work able to carry out the duties and responsibilities of the employee's position or through the one hundredth (100th) working day of absence, whichever occurs first. The amount of any compensation for the short term disability benefit shall be reduced by any payment received by the disabled employee from workers' compensation insurance, Public Employees Retirement Association disability insurance, or Social Security disability insurance. Payment oi short term disability benefit by the City to an employee shall not .;:.exceed...,;ninety.��::�:9_�_= working days for any single illness or injury, regardless of the number and spacing of episodes. The annual leave balance 12 3P of an employee re�ving short�term disability benefit shall not be reduced, nor shall such employee accrue annual leave during that period. 21.2 Before any short term disability payments are made by the City to an employee, the City may request and is entitled to receive a certificate signed by a competent physician or other medical attendant certifying to the fact that the entire absence was, in fact, due to the illness or injury and not otherwise. The City also reserves the right to have an examination made at any time of any employee claiming payment under the short terYa disability benefit. Such examination may be made on behalf of the City by any competent person designated by the City when the City deems the same to be reasonably necessary to verify the illness or injury claimed. 21.3 If an employee hired before July 1, 1983, has received payments under the injury-on-duty provisions of. previous contracts, the number of days for which payment was received will be deducted from the number of days of eligibility for coverage under short term disability for that same injury. ARTICI,E XXII. STANDBY PAY AND MINIMUM CALLBACK FOR STANDBY EMPLOYEES 22.1 Employees who are designated by the City Manager to serve in a"standby" status on behalf of the City on a Saturday, Sundag or Holiday will receive as compensation for such service as "standby" two (2) hours of overtime pay for each day:served in such status. - 22.2 Employees required to "standby" during the week will receive as compensation for such service four (4) hours pay at the overtime rate. 22:3 If on any such day the Employee on "standby" shall actually perform work for the City, the Employee shall be entitled to compensation for each hour or portion thereof actually worked at the overtime rate of pay, which shall be in addition to the standby pay. 22.4 An Employee who is on standby and is called out to perform work shall be paid a minimum of one (1) hour overtime for performing such work. ARTICLE XXIII. EMPLOYEE EDUCATION PROGRAM 23.1 The City will pay tuition costs for training courses relevant to the Employee's present or anticipated career responsi�ilities�=�t=�ity-approved institutions. The City will pay fifty percent (50�) of the cost of tuition in advance and the Employee will pay the other fifty percent (50�). The 13 3Q �u.�;. Employee wiZl be required to present to his Department Head a certification of satisfactory work when the course is completed. a. Courses issuing a letter grade: a"C" or above is required. b. Courses issuing a numerical grade: a 70 percent grade is required. c. Courses not issuing a grade: A certification from the instructor certifying that the student has satisfactorily participated in the activities of the courses is required. 23.2 If the Employee satisfactorily completes the course, the Employee will be reimbursed for the additional fifty percent (50�) of the tuition. The City will not reimburse the Employee for fees which are charged for instruction,. associated administrative expense, books, student membership, student health coverage and other charges for which the student receives some item or service. 23.3 The City will not reimburse the Employee for expenses reimbursed under some other education system or program, e.g. G.I. Bill. ARTICLE XXIV. FUNERAL PAY In�case of death occurring in the immediate family of an Employee, such an Employee may be excused from work for up to three (3) days with additional time off granted by the City Manager if additional time is needed. This time off shall not subject the Employee to loss of pay. For this purpose, members of the immediate family of the Employee are considered to be the following: spouse, chiYd (Natural or adopted), parent, grandparent, brother, sister, mother-in-law or father-in-law. � ARTICLE XXV. JURY PAY AND WITNESS FEES An Employee who has been duly summoned for jury duty in any court, or who has been duly summoned as a witness in any proceeding, shall be excused from work in accordance therewith. Such employee shall be entitled to receive as pay a sum of money equal to the difference between what the Employee received as compensation for such jury duty or witness fees, and the Employee's regular pay. ARTICLE XXVI. MILITARY LEAVE �. �: _ � �, �::.: Any Employee absent from work in accordance with the orde�.:�of a _..�.. _ _. _ -�a. , duly established military authority shall receive pay and compensation during such absence as is provided by State Law. 14 3R ARTICLE XXVII. INC�NTIVE PAY (LONGEVITYj Incentive Pay will be paid over and above the base rate of pay for employees permanently hired prior to March 31, 1973 according to the following schedule: After 5 years of Service: After 10 years of Service: After 15 years of Service: 2-1/2� of base salary rounded -- to the nearest dollar amount 5� of base salary rounded to the nearest dollar amount. 7-1/2� of base salary rounded to the nearest dollar amount. The City of Fridley has agreed to pay incentive pay to Employees hired prior to March 31, 1973, in recognition of their prior service and contribution to the City of Fridley. Neither the City nor the UNION will attempt to take away longevity or incentive pay for those persons hired prior to March 31, 1973, in future contracts. The amount of incentive pay for eligible Employees will be negotiated for the affected Employees. ARTICLE XXVIII. HOLIDAYS The EMPLOYER will provide eleven (11) paid holidays. In addition; employees shall be.paid at one and one-half (1-1/2) times their base rate of pay for all hours worked on eleven (11) City designated holidays. ARTICLE XXIX. UNIFqRMS The City of Fridley will furnish uniforms to Employees of the bargaining unit free of charge to the Employee. The City reserves - the right to select the type of uniform to be furnished. The City will agree to furnish rain equipment and special safety equipment for all Employees. ARTICLE XXX. REPRESENTATIVE ON AREA WIDE NEGOTIATIONS If the UNION chooses to use one of the personnel from the Fridley work force as a representative on the area wide bargaining unit for more than one year in three, Local No. 49 will pay the salary of such Employee for the second year for the time spent on area wide negotiations. The purpose is to spread the cost of such negotiation among the several communities involved in joint. negotiations. 15 3S ARTICLE XXXI. INSURANCE The City will provide group term life insurance with a maximum of $10,000 per Employee, and also will provide additional AD & D Insurance with a maximum of $10,000 per Employee. Provided that the total City cost for all insurance does not exceed the amount set forth in ARTICLE XIX. ARTICLE XXXII. WAIVER 32.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment, to the extent inconsistent this the provisions of this AGREEMENT, are hereby superseded. 32.2 The parties mutually acknowledge that during the negotiations which resulted in this AGREEMENT, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this AGREEMENT for the stipulated duration of the AGREEMENT. The EMPLOYER and the UNION each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered in this AGREEMENT or with respect to any term or condition of employment not specifically referred to or covered by this AGREEMENT, even though such terms or conditions may not have been within the knowledge or contemplatzon of either or both of the parties at the time this contract was negotiated or executed. ARTICLE XXXIII. DURATION The AGREEMENT shall be effective as of January 1, 1993 and shall remain in full force and effect until the 31st day of December, I993. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on this day of , 1993. FOR THE INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO. 49, AFL-CIO Fre Deresc , B siness Manager John Pendzimas, President F�:� r 3T - �. �.��//�'�� /-/ .T-- �.... ��..--� -��ii�-.:�� • � - - - . • . - - n. . - - . - - - David Lindquist, Steward Richard Cameron, Steward FOR THE CITY OF FRIDLEY 0 William J. Nee, Mayor William W. Burns, City Manager I hereby recommend approval of this agreement. William C. Hunt - Assistant to the City Manager John G. Flora, Director of Public Works/City Eng"ineer 17 3U PSW-A.l PSW-A.2 APPLNDIB A iPAGEB 1993 Public services Worker (PSW) Entry After one (1) year of satisfactory performance in PSW-A classification PSW-B.1 After two (2) year of satisfactory performance in PSW-A classification and achievement of minimum qualifications PSW-B.2 After one (1) year of satisfactory performance in PSW-B classification PSW-C After two (2) years of satisfactory performance in PSW-B classification and achievement of minimum qualifications PSW-C (Maintenance II in 1989) PSW-D After five (5) years of . satisfactory performance and achievement o� minimum qualifications � PSW-D (Maintenance III in 1989) Hourly Rate $io.� $11.35 $12.15 $12.95 $13.75 $14.23 $14.53 $14.82 Advancement to the next step will occur at the next regular pay period following satisfactory completion of the time of service requirement and achievement of minimum qualifications, if pertinent. Mechanic Level Hourly Rate A $ 13.75 B $ 14.82 Seasonal/Temporary Employees Employees employed by the employer on a seasonal/temporary basis for no more than 125 working days per calendar year either in a full-time (more than 14 hours per week) or part-time capacity will be compensated as determined by the employer for the term of this employment. Such employees will not be eligible for any benefits. under the Agreement except those which may be required by law. �� APPENDIB B �-�* - ,- PIIBLIC WORRS MAINTBNANCE MINIMIIM R13QOIREMENT$ 1991 Public 8ervices Worker Level A Minimum Requirements High School Diploma, GED or equivalent. Valid Minnesota Class B Driver's License. � Successful completion of City's physical examination including drug testing, if required. Ability to read, understand, and follow written and` oral instructions, including safety rules. Ability to meet the physical demands of the job including but not limited to lifting, bending, climbing, reaching overhead, pushing and pulling. Ability to perform job responsibilities in climatic extremes. Ability to perform routine repair and maintenance tasks in one or more of the following sections: Streets, Parks, Sewer, Water, Vehicle Maintenance. Ability to work cooperatively as a member of a crew or team. 19 3W Public Services Worker Le�e;1-B Minimum Requirements Meets or exceeds all the minimum requirements of Public Services Worker Level A Completion of two (2) years of e�erience at Level A Minnesota Class B driver's license or appropriate Commercial Driver's License Successful completion of all appZicable City safety and hazardous materials training � Safe work practices and safe driving record Adherence to City's policies in regard to tardiness and sick leave Adherence to all other policies and procedures for City employees Ability to deal effectively and tactfully with the public Good knowledge of location of streets and public facilities Working knowledge of fundamental job duties CERTIFICATION: For Streets Workers: Ability to use non-motorized and small engine types of equipment in area of job responsibilities For Parks Workers: Minnesota Non-Commercial Pesticide/Herbicide Applicator License/Certificate For Sewer Workers: Class S-D Waste Water Operator's Certificate For Water Workers: Class D Water Supply System Operator's Certificate For Mechanic's Helper: Demonstrated ability in the repair of small engines and routine vehicle maintenance 20 3X Puhlic 8ervices Worker Level c Minimum RequirenCea,t� --- Meets or exceeds all the minimum requirements of Public Services Worker Level B Completion of two (2) years of experience at Level B Ability to work with minimum amount of on-site supervision Good knowledge of all operations, preventive maintenance and routine repair of equipment operated in area of job responsibility Enrollment in a Public Works Certificate Program or other program related to public works maintenance offered by a technical college or community college with successful completion of one quarter of course work (at least 16 quarter credits) Good knowledge of inethods and materials used in area of� job responsibility CERTIFICATION: For Streets Workers: Completion of course work (at least three (3) quarter credits), in-service training, or certification in one (1) or more areas including but not limited to the foilowing areas: bituminous technology and repair, light equipment operation, tree trimming, traffic cr�ntrol, asphalt testing, sign making, pavement marking, snow removal For Pa.rks Workers: In addition� to Minnesota Non-Commerci�l Pesticide/Herbicide Applicator License/Certificate, successful completion of a course at a technical college (at least 3 quarter credits) or other certification designated by the City after consultation with Local 49 in one (1) or more areas includ�ng but not limited to the following: landscaping, irrigation, entomology, forestry, turf maintenar�ce, building maintenance and construction, concrete finishing, and surveying � For Sewer Workers: For Water Workers: Certificate Class S-C Waste Water Operator's Certificate Class C Water Supply System Operator's 21 3Y public Services-Worker.�e�vel D Minimum Requirements Meezs or exceects all the minimum requirements of Public Services Worker Level C Completion of one (1) year of experience at Levei C Completion of a Public Works Certificate Program or other program related to public works maintenance offered by a technical college or community college with successful completion of three (3) quarters of course work (at least 48 quarter credits), provided that, during 1990 only, this requirement is waived for employees in the Maintenance II classification on December 31, 1989, upon achievement of ten years of service in the Public Works Maintenance Division of the City For sewer workers a Class S-B Waste Water Operator's Certificate may be substituted for the education requirement. For water workers a Class B Water Supply System Operator�s Certificate may be substituted for the education requirement. Ability to work without direct on-site supervision and to make on- site decisions related to task assignments Broad knowledge of operational aspects of public works maintenance department/division CERTIFICATION: For Streets Workers: Successful completion of a certified heavy equipment training program ar.equivalent training and experience, and completion of course work (at least three (3) quarter credits), in-service training, or -certification in two (2) or more areas - including but not limited to the. following areas: bituminous technology and repair, tree trimming, traffic control, asphalt testing, sign making, pavement marking, snow removal, and basic carpentry. For Parks Workers: In addition to Minnesota Non-Commercial Pesticide/Herbicide Applicator License/Certificate, successful completion of a course at a technical .college (at least 3 quarter credits) or other certification designated by the City after consultation with Local 49 in three (3) or more areas including but not limited to the following: landscaping, irrigation, entomology, forestry, turf maintenance, building maintenance and construction, concrete finishing, and surveying 22 3Z :�.r�:_�. - APPENDIB C PIIBLIC WORKS MINIMIIM REQIIIRSMENTS 1991 Mechanic Level A High school diploma, GED, or equivalent. Valid Minnesota Class B Driver's License or appropriate Commercial Driver's License. Successful completion of City's physical examination including drug testing, if required. Ability to read, understand, and follow written and oral instructions, including safety rules. Ability to meet the physical demands of the job including but not limited to lifting, bending, climbing, reaching overhead, pushing, and pulling. Course work or experience in diesel mechanics. Experience in electric and gas welding. Two (2) years of applicable e�cperience in auto and/or diesel maintenance and repair with a variety of light and heavy equipment. One (1) year of technical college course work (51 quarter credits) in auto or diesel mechanics or certification as a Master Automotive -- Technician by the National Institute for Automotive Service Excellence. One additional year of applicable experience can be substituted for up to seventeen (17) quarter credits. Level B Meets or exceeds all the minimum requirements of Level A. Three (3) years of applicable experience in auto and/or diesel maintenance and repair with a variety of light and heavy equipment or one (1) year experience as Mechanic, Leve1 A, with the City of Fridley. One (1) year of technical college course work (51 quarter credits) in auto or diesel mechanics or certification as a Master Automotive Technician by .the National Institute for Automotive Service Excellence. 23 0 � � \ � _ C��F FR[DLEY MEMORANDUM Municipal Center 6431 University Avenue Northeast �� -- -- Fridley, Minnesota 55432 (612) 572-3507 FAX: (612) 571-1287 William C. Hunt Assistant to the City Manager MEMO TO: WILLIAM W. BIIRNB, CITY MANAGSR ��• � FROM: WILLIAM C. HIINT, ASSISTANT TO THE CITY MANAGER �j%� � SIIBJECT: RESOLIITION REQIIESTING THE DEPARTMENT OF TRANSPORTATION TO REVIEW THE RRQIIBST TO REMOVE THE FLNCE ON THE EAST SIDE OF IINIVERSITY AVENTJ$ DATE: FEBRIIARY 2� 1993 On October 27, 1992, the Fridley Chamber of Commerce wrote a letter to the Fridley City Council requesting removal of the fence on the east side of University Avenue between Interstate 694 and Mississippi Street. On November 23, 1992, a letter was sent to occupants on both sides of University Avenue between 57th Avenue and Mississippi Street asking for their opinion about removal of the €ence on the east _ side of the highway. The results of that poll are summarized in a memo written by James B. Froehle on January 15, 1993. Other persons have contacted members of the Council directly with their opinions on the matter. �. An informal status report on this subject was presented at tiie February 1, 1993, meeting.of the Fridley City Council. After receiving the informal status repo�t the Council voted to place the accompanying resolution on the agenda of the February 22, 1993, meeting, and I am submitting it to you for that purpose. WCH � RE80LIITION NO. - 1993 A RESOLIITION REQIIESTING THL MINNl380TA DLPARTMENT OF TRANBPORTATION TO Rl;oIEW TIIE REQIISST OF CEB�AIN-.�BRSONB DOING BIISINE88 IN FRIDLEY AND CI�RTAIN RESIDENTS OF FRIDLEY TO REMOVE TH$ FENCL ALON(3 THl3 EAST SIDE OF BTATE TRIINR HIGHWAY NO. 47 (IINIVBRSITY AVENQEj FROM 57TH AVENtJL TO MISSI88IPPI STREET WHEREAS, a chain link fence runs along the east boundar� of the right-of-way of State Trunk Highway No. 47 (University Avenue) from 57th Avenue to Mississippi Street; and WHEREAS, certain persons doing business in Fridley, some of whom are also Fridley residents, have requested that the fence be removed alleging the following reasons: A. Each winter snow is piled up against the fence and obstructs the visibility of the businesses from University Avenue. � � It is a psychological barrier creating an image of inaccessibility to the businesses on the other side of the fence. It is unsightly, collects trash and leads to a poor impression of Fridley.; and , WHEREAS, the response to a survey requesting the opinion of Fridley n residents and persons doing business in the area near the fence was mixed with forty-two (42) in favor of taking the fence down and eleven (11) in favor of leaving it up; and WHEREAS, this fence is the property of the State of Minnesota; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley that the Minnesota Department of Transportation be requested to review the request for the removal of the fence in - question, to conduct whatever public hearings or further investigation it deems necessary, and to take appropriate action. YES NO Councilmember, Ward 1, Steven Bil'lings Councilmember, Ward 2, Dennis Schneider Councilmember, Ward 3, Edward Fitzpatrick Councilmember-at-Large Nancy J. Jorgenson Mayor William J. Nee PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1993. ATTEST: WILLIAM A. CHAMPA - CITY CLERK i � WILLIAM J::...�NEE - MAYOR NOV 0 2 i992 �tiV CHq� O �� Fr(dley Plaza Office Building, Sulte 102, 6401 Untversfty Ave. N.E, Fridley, Minnesota 55432 o,� ■ G�u coM M�Q Phone: 5T1-9781 October 27, 1992 Dear Honorable Mayor Nee and City Council Members: The Fridley Chamber of Commerce Board of Directors would like to inform the Frid�ey City Councii that we endorse a proposal to remave the fence boYdering thz east side of Jniversity Avenue be�ween Interstat� 054 ana �i:.ssiss?p}�� Avenue. i � �5 Llic �iicxuw�7' ° s�flsi�ia�i i�a .si::ppori �re iJU= 1:lC�..''iS 447i?P_Y' � S requesting the reMOVaZ. of ::ie �e;�ca. T}i�_ iea5or:s for our position include: l. Each winter �now is piled tz�Z agai:�si 4he fe::ce and obstructs the visibility ci the basir_esses from University Avenue. 2. It is a psychological barz�ier creating an image of inaccessibility to the businesses on t5e other side of the fence. � 3. It is ur.sightiv, coilects trash and leads to a poor impressior, of rridley. �. The Minnesota De�artraent of Transportation has given the ciLy permission to r�:.��nove the fence. In July, 19�2 business owners oi i�iocn Plaza approaahed the Chamber's Government Re.Iation� Committee to ask the Chamber to support their position to rer.-�ove the f°1?G2. The Committee then forwarded their recom;nendat�on t� ��e Chamber Boar.cl of Directors. The Board decided to senci t}re Council a letter da�ed August 3, 1992 r;�tifying you thaz �ne Chamber wou�d �.>z ex�loring �-he issue and w�a w�u1d r�rward our decision after further investigation and discussia^. Since that time we have discussed the i�sue with the business community, city staff and chamber members, and therefore believe it would be in the best ir_±erest o� 4he business owners and the city to rertove t:�e fenee. Since � y, - . .1r�-.� Ruth Mueller "`° President Board of Directors �_�J � �rl: �dheeldon Chair Government Rel�tions Committee 0 F R I D L E Y M E M O R A N D U M TO: WILLIAM W. BURNS, CITY MANAGER WILLYAM C. HUNT, ASSISTANT TO THE CITY MANAGER FROM: JAMES B. FROEHLE, PUBLIC INFORMATION SPECIALIST DATE: JANUARY 15, 1993 RE: UNIVERSITY AVENUE FENCE ... TO REMOVE OR NOT? Approximately 200 notices seeking opinions from residents and businesses located on the east and west sides of University Avenue regarding the fence separating University Avenue and the Frontage Road were mailed on November 25th. I have received 28 responses: 16 want the fence taken down 11 want the fence to stay up 1 had no opinion Also, a petition signed by 31 people from 28 businesses stating that they want the fence to come down was submitted on December 7. Someone from 5 of the businesses who signed the petition also called me. All but four of the opinions were from people who live on the east side of University. Of those calling from the west side, three wanted both sides of the fence to come down, one had no opinion. Two businessmen said that bushes along the fence should also be removed. One businessman volunteered to help take the fence down. Most of the people who want the fence to stay, were very adamant and said that they would start a petition of their own to keep the fence. However, their petition has not been received. The people who want the fence to stay are especially concerned about the - safety of small children. Some of the people who want to�keep the fence want the portion from 57th to 61st to stay but are less concerned about the portion in front of Moon Plaza. Vie Ruff, Director of the Fridley Medical Clinic, Karen Besch, and Loretta Larson; want to be kept apprised of further discussions. Jim Golden of Sign Language who started the business petition also wants to be kept apprised of further discussions. Attachments - The raw responses including who responded, who did not, which ones were undeliverable, wha:<_said take it .d��aza:,:�and who wants to keep it up. - A list of those who want the fence taken down and a list of those who want it kept up. - A copy of petition #22 signed by the businesses. - A copy of the letter sent��November 25, 1992 � � � � > Q � � � � � > ._ � � y— � 4� � Cn � � ca W � � � � � � � � � � Cn C6 > O � 4� � � U � � � .-. � � � U ._ Q � Z3 � � � 0 •� � .� � � ZO O � � a� > c� � a� � o � � � � � � � � � ca � `o �r- o E— 0 c� �t v � � � a� � � � � � "� � �' a� � �3 . _ �,�,._, c� O � v� o w � .� � w , �� M O� � .--� N .� N w <.�� - �._ : __ CITY OF FRIDY,EY �......� -- -- _ CATV ADVISORY COMMISSION MEETING, JANQARY 28, 1993 ..................»....,....................................................................................................................,........................................,........... CALL TO ORDER• Chairperson Stouffer called the January 28, Z993, CATV Advisory Commi.ssion meeting to order at 7:08 p.m. ROLL CALL• Members Present: Members Absent: Others Present: Ralph Stouffer, Robert Scott, Duane Peterson, Paul Kaspszak Burt Weaver Clyde Moravetz, City of Fridley Mark Hammerstroin, Nortel Cab1e APPROVAL OF OCTOBER 28, 199�, CATV ADVISORY COMMISSION MINUTES: MOTION by Mr. Peterson, seconded by Mr. Kaspszak, to approve the October 28, 1992, CATV Advisbry Commission minutes as written. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON STOIIFFER DECLARED THE MOTION CARRIED IINANIMOIISLY. • APPROVAL OF AGENDA: Mr. Moravetz added the following item under "Other Business": $60,000 Access Equipment Check to be Submitted by Nortel in March I993 as Required in the Franahise MOTION by Mr. Scott, seconded by- Mr. Kaspszak, to approve the agenda as amended. � , I. NORTEL CABLE REPORTS: A. Q Receive 4th Quarter 1992 Franchise Fee Payment Mr. Moravetz stated this is basically the same format as in the past. Annual Subscriber Survey Mr. Hammerstrom stated the Subscriber Surveys have been mailed out with the monthly billing.�= �Tli�.:;yellow surveys are to be mailed back to the marketing company, "Our � �-�-; - CATV ADVISOR� COMMISSION MEETING, JANUARY 27 . 1993 <PAGL 2 ri-x-�:- :- Solution Marketing", and the blue surveys are to be mailed back to Nortel. C. Update on Proof-of-Performance Testing as Required.by FCC Mr. Hammerstrom stated the FCC rules have changed somewhat. Prior to this point, the FCC required the cable companies to do annual proof of performance testing � which means that they demonstrate that they meet the FCC required technical specifications at several points in the system. During deregulation, the cable companies were not required to submit these. However, now the FCC specifications have become a little tougher, and the cable companies are required to submit them semi-annually r and keep the proof of performance testing information on file. He stated Mr. Moravetz has asked for a copy and as soon as they are finished, they will forward a copy to the City. Mr. Hammerstrom stated they finished the measurements that day, and they exceed well beyond the FCC recommended specifications.and exceed the City's specifications by a wide�margin as well. These measurements are always taken at the extremities of the system. MOTION by Mr. Kaspszak, seconded by Mr. Peterson, to receive the 4th Quarter 1992 Franchise Fee Payment, and the updates on the Annual Subscriber Survey and Proof- of-Performance Testing from Mr. Hammerstrom. • UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON STOIIFFER DECLARED THE MOTION CARRIED IINANIMOQ3LY. - -- II. (E.T.C.) FRIDLEY COMMt7NICATIONS WORKSHOP: ' A. December Director's Report . B. 4th Quarter 1992 Director's Report (including Financial) C. 1992 Year to End Director's Report (includinq Financial) D. 1992 4th Quarter Statistics . E. 1992 Year-to-End Statistics Summary F. List of 1992 E.T.C. 33 Produced Programs MOTYON by Mr. Scott, seconded by Mr. Peterson, to receive the reports listed above. 5A CATV ADVISORY COMMISSION MEETING. JANUARY 27. 1993 PAGB 3 IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPBR80N BTOQFFER DECLARgD THE MOTION CARRIED IINANIMOIISLY. Mr. Kaspszak stated the Wi11ie Awards are comi:ng up on Saturday, February 13, 1993. Mr. Kaspszak stated that, equipment-wise, it seems that the equipment is needing to be replaced because it is deteriorating. Mr. Moravetz stated the equipment is being repaired by Nortel as needed. At the last Board meeting, the staff did not indicate any real problems. As �ar as he could tell, Nortel is doing a good job. Mr. Hammerstrom stated the actual requests for repair are really quite infrequent. III. BUDGET• A. 1992 Through November plus Expenditure Codes 0 Mr. Moravetz stated this is information requested by Mr. Weaver at the October 28, 1992, meeting. B. 1994 Budget Discussion Mr. Moravetz stated the City staff begins working on the 1994 budget in the spring. This item was put on the agenda to start the Commission members thinking about any recommendations they would like to make to the Council tor the 1994 budget. - - Mr. Stouffer stated he would like to reiterate the recommendation made by the Commission to the Council last year for the 1993 budget. The Commission members agreed with Mr. Stouffer. MOTION by Mr. Kaspszak, seconded by Mr. Peterson, to incorporate the following 1994 budget requests with the staff recommendations: ' Transportation - $ 980.00 Dues and Subscriptions - $ 600.00 Conferences and School - $ 1,690.00 Payments_to.Access Corp. -. $40,000.00 The requests being the same amounts as .requested by the CATV Advisory Commission for the 1993 budget. : CATV ADVISORY COMMISSION MEETING, JANUARY 27;"��1993`' PAGL�4 IIPON A VOICE VOTE� ALL VOTING AYE, CHAIRPERSON STOIIFFER DECLARED THE MOTION CARRIED IINANIMOIISLY. IV. FRANCHISE EVALUATION DISCUSSION: Mr. Moravetz stated that, according to the Franchise Agreement, every five years the Franchise is to be either formally or informally evaluated. The City of Bloomington did it informally a couple of years ago. Mr. Moravetz stated the Franchise does not�mandate how this evaluation should be handled. It can be handled by staff, or by the Commission. There have been customer complaints, but he believed these have all been resolved satisfactorily. Mr. Moravetz stated that in the Franchise, it says the evaluation must take place within 30 days of the five year anniversary of the ordinance. He could submit a report of suggested ideas to the Commission for their input ancl action. Mr. Scott suggested that staff sit down with the appropriate people at Nortel to review the Franchise and prepare a report for the Commission. Mr. Hammerstrom stated he and Mr. Moravetz can go over the Franchise point by point to see, in a relative sense, how Nortel has lived up to the terms of the Franchise. Mr. Moravetz stated he wiZl then present this report to the Commission at the April 19.93 meeting. MOTION by Mr. Scott, seconded by Mr. Peterson, to direct City staff to meet with Mr. Hammerstrom or a �`epresentative from Nortel Cable to review and discuss the Franchise and submit a report to the Commission at its April 1993 meeting. QPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON STOQFFER DECLARED THE MOTION CARRIED IINANIMOIISLY. � V. OTHER BUSINESS: A. $60,000 Access Equipment Check to be Submitted by Nortel Mr. Moravetz stated this is $60,000 that Nortel will submit to the City in March as required in the Franchise. Discussion followed to make a motion to direct staff to formulate a resolution establish•ir�� tt�hhat the money is to be used entirely by the Access Corporation for equipment. 5C _ CATV ADVISORY COMMISSION MEETING, JANUARY 27. 1993 PAGE 5 _ Mr. Stouffer stated he would like the motion to also reflect that this is not a new idea, that the Commission is reiterating what has been done in the past. MOTION by Mr. Kaspszak, seconded by Mr. Peterson, to direct City staff to formulate a resolution establishing that the City would be the "keeper" of the money and would pay or reimburse the public access entity for equipment purchased for the public access channel. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON STOIIFFER DECLARED THE MOTION CARRIED IINANIMOIISLY. Mr. Stouffer stated he has been a member of the Commission for a fair amount of tizne, and he would like to entertain a motion commending Mr. Moravetz for all the work he has done on behalf of the Commission. MOTION by Mr. Peterson, seconded by Mr. Kaspszak, to commend Mr. Moravetz for all his years of service as staff liaison to the CATV Advisory Commission. OPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON 8TOIIFFER DECLARED THE MOTION CARRIED IINANIMOIISLY. ADJOURNMENT- MOTION by Mr. Scott, seconded by Mr. Peterson, to adjourn the meeting. Upon a voice vote, all voting aye, Chairperson Stouffer declared the motion carried and the January 27, 1993, CATV Advisory Commission meeting adjourned at 7:46 p.m. Respectfully submitted, C.� L e Saba Recording Secretary 5D 0 CITY OF FRIDL�:i" PLANNING COMMISSION MEETING, FLBRIIARY 10� 1993 J wIMtiMNtiMti�YNMMIMMMMw�NMMM�MMw�NMNNNNwnNNMMMtiM�MNwnw�M�N.Y�YMArMMMNIr�MNM.YrNMM CALL TO ORDER• Chairperson Newman called the February 10, 1993, Planning Commission meeting to order at 7:30 p.m. ROLL CALL• Members Present: Dave Newman, Dave Kondrick, Sue Sherek, Dean Saba, Diane Savage, Brad Sielaff, Connie Modig Members Absent: None Others Present: Barbara Dacy, Community Development Directar Michele McPherson, Planning Assistant Mike Schroer, Bob's Produce Ranch ELECTION OF VICE-CHAIRPERSON: Chairperson Newman declared the nomir�ations open for the office of vice-chairperson of the Planning Commission. Mr. Saba nominated Dave Kondrick for Vice-Chairperson of the Planning Commission. ' Mr. Kondrick stated he would be willing to continue serving as Vice-Chairperson. Hearing no other nominations, Chairperson Newman declared the nominations closed. MOTION by Mr. Saba, seconded by Mr. Kondrick, to cast a unanimous ballot for Dave Kondrick for the office of Vice-Chairperson of the Planning Commission. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED IINANIMOIISLY. APPROVAL OF DECEMBER 16, 1992 PLANNING COMMISSION MINUTES• MOTION by Ms. Sherek, seconded by Mr. Sielaff, to approve the December 16, 1992, Planning Commission minutes as written. -, , , ...�, •��;�.- _ _ ,:�. IIPON A VOICE VOTE, AI,L VOTING AYE, C$AIRPERSON NEWMAN DECLARED THE MOTION CARRIED IINANIMOIISLY. l'J .1 r PLANNING COMMISSION MEETING. FEBRIIARY 10 1993 �AGE 2'" -`'`' 1. PUBLIC HEA�tING: An amendment tv the Fridley City Code Chapter 205, entitled "Zoning" by amending Section 205.04.04.I, to: A. Adopt by reference Best Management Practices B. Require submission of a grading and drainage plan C. Require submission of a conservation plan and schedule D. Establish standards for control of storm water run-off E. Require "as-built" drawings and maintenance agreements MOTION by Mr. Kondrick, seconded by Ms. Savage, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CH.AIRPERSON NEWMAN DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 7:34 P.M. Ms. McPherson stated that in 1988, the Metropolitan Council amended their Water Resources Development Plan of the Metropolitan bevelopment and Investment Framework. As part of that, the Metropolitan Council directed Metropolitan Council staff to prepare an implementation strategy to improve overall water quality in the metropolitan region by reducing non-point source pollution. This directive was then passed on to local municipalities for comprehensive plan update. Ms. McPherson stated that in 1992, City staff was notified that the irletropolitan Council. had been working on attempting to implement their strategies to reduce non-point source pollution and were using as a basis the Environmental Protection Agency's � and Minnesota Pollutior� Control Agency's joint project for the . Minnesota River. This is a project to attempt to reduce the non- point source pollution along the Minnesota River in an attempt to reduce the pollution loads in the Minnesota River. Ms. McPherson stated that as a result of that ongoing study, local municipalities have.been mandated to do three things: (1) to adopt design standards for storm water ponds and to reduce pollution loading in surface water runoff; (2) to adopt Best Management Practices; and (3) to adopt the Department ,of Natural Resources' (DNR) Shoreland Ordinance. Ms. McPherson stated City staff is working on the Shoreland Ordinance. However, the DNR has indicated that_Fridley is not a �� .3�igh priority city° as it is 85� developed, ��and m�fi� .cr� ��ts -°"� �� shoreland property is already developed with residential � development. There is no pressure from the DNR for �'ridley to adopt a shoreland ordinance. Fridley is, however, working to adopt a shoreland ordinance which is modified to meet the City's needs. � • �, •1 PLANNINC� COMMISSION MEET'TNG. FEBRIIARY 10, 1993 PAGS 3 Ms. McPherson stated the first ordinance amendment is for the Zoning Code which is Chapter 205. In Chapter 205, there is a subsection entitled "Building Site" which talks-about requiring building permits and various other development standards For development of property within the City. Staff is proposing to amend that chapter by adding language which basically does five things: l. Adopting by reference the Minnesota Pollution Control Agency's reference book entitled, "Protecting Water QuaZity in Urban Areas, Best Management Practices for Minnesota". 2. It requires the submission of a grading and drainage plan in conjunction with a building or land alteration permit. 3. It requires the submission of a conservation plan and schedule. 4. It establishes standards for control of storm water runoff. - 5. It requires as-built surveys of the detention facili�ties orice they are constructed and also requires the execution and recording of maintenance agreements. Ms. McPherson stated the Environmental Quality and Energy Commission has reviewed the proposed ordinance amendment and made comments to staff. In December 1992, the Planning Commission reviewed this ordinance preliminarily and made some comments at that time. � Mr. Newman asked what revision has been incorporated in the maintenance agreement. � Ms. McPherson stated staff has drafted the maintenance agreement. Tt describes the area where the pond is to be located on the property. It sets forth standards for maintenance and also has a notification requirement. If the City inspects or receives a complaint and inspects the pond, and the pond is not being maintained to the standards set forth in the agreement, the City can notify the property owner; and, if the situation is not rectified, the City can come in, do the maintenance, and assess the property owner for the expense incurred by the City. Mr. Newman stated that normally there is a requirement for a �° security deposit by th.�„ ct�,ueloper. -�- •�- Ms. McPherson stated that is not required with the maintenance agreement, but typically the City does require a performance bond • : PLANNING COMMISSION MEBTING: FEBRIIAR�"`�a. 1993 PAG$ 4 for all outdoor improvements that•is usually held for a certain amount of time. Ms. Sherek asked if there are�any standards set forth in this ordinance regarding fencing the detention ponds. Ms. McPherson stated she is not aware of any standards regarding fencing, but she could review that with the Engineering Department. Ms. Sherek stated she believed it is very important to require fencing around detention ponds for safety reasons. Mr. Newman stated that in a previous�conversation with Ms. McPherson, he expressed concern about how Chapter 205 could impact the single family lot or the addition to� a single family home since the language is such that it involves any building. Ms. McPherson had discussed the possibility of incorporating language from Chapter 208, Paragraph 3, to exclude structures that are single family homes or for additions that are less than 9, 000 square feet. Could Ms. McPherson elaborate�on that? Ms. McPherson stated that right now the proposed language in Chapter 205 requires that a grading and drainage plan be submitted in conjunction with a building or land alteration permit. While the City may always re�quire a land alteratian permit, it may be appropriate in all cases to require an extensive grading and drainage plan for certain types of project. Ms. McPherson stated that in Chapter 208 there are exemptions from submitting a conservation plan, and those exemptions include minor land disturbances, construction or installation of utiiities, preparation for single family residences built on single lots, and for commercial or industrial uses where the disturbance of the land area is less than 9, 000 square feet which would potentially include a small addition to an existing business plus some improvement to the parking lot. � Ms. McPherson stated that one thing discussed by Mr. Newman and staff was possibly including that type of language as an exception in Chapter 205. She has not had an opportunity to review that with the Engineering Department, but she believed it would be a logical inclusion. Mr. Sielaff stated he would be a little concerned because it would really be site dependent. There needs to be some discretion to determine this on a site-by-site basis. Chapter 208 talks about an 18� slope, and he would_ be a little bit concerned about the slope or �°other situa�ions ��- -��-��- �� Ms. McPherson stated that in Chapter 208, Section D, there is language that allows the City to require a plan even though it falls under the exemption. She be�ieved they could word the �� .1 PLANNING COMMISSION MEETING, FEBRIIARY 10, 1993 PAGE'�5°� exemption for Chapter 205 in a similar manner so that if the City has an environmental concern and feels that it would adversely impact adjacent properties, the City could require that a grading and drainage pl.an be submitted. MOTION by Ms. Sherek, seconded by Mr. Kondrick, to close the public hearing. QPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED TH$ MOTION CARRIED AND THE PIIBLIC HBARING CLOSED AT 7:50 P.M. . Mr. Sielaff stated that with the amendment as suggested by staff to incorporate the language on the exemptions in Chapter 208 into Chapter 205 alleviates his concerns. Ms. Sherek stated that she believed fencing should be required but fencing is probably covered in the Best Management Practices. MOTION by Mr. Sielaff, seconded by Ms. Modig, to recommend to City Council approval of an amendment to the Fridley City Code Chapter 205 entitled "Zoning", and to direct staff to include the exemptions in Section 208 into Chapter 205. IIPON A VOICE VOTE, ALL VOTING AY1�, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED IINANIMOIISLY. 2. PUBLIC HEARING: An amendment to the Fridley City Code Chapter 208, entitled "Erosion Control", to: A. Eliminate soil erosion when possible B. Establish standards and specifications for conservation practices and planning activities which eliminate or minimize so.il erosion and sedimentation � - MOTION by Mr. Kondrick, seconded by Ms. Savage, to op�n the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 8:00 P.M. Ms. McPherson stated that the proposed Chapter 208 amendment would create a new chapter in the City Code entitled "Erosion Control". This chapter establishes the City's position and intent to eliminate soil erosion whenever possible and, when that elimination is not feasible, to have activities which minimize the amount of soil erosion in conjunction with the development with the City. It sets forth a variety'of definitions. It again adopts several� technical guides by reference, �ncludirig`"` �a�optin+g the -••�s�::� Management Practices developed by the Minnesota Pollution Control Agency. • � .J PL�iNING COMMISSION MEETINQ. FBBRIIARY 10, 1993 PAG$ 6��`"� ' Ms. McPherson stated it still requires the submission of a conservation plan which again is related to the various development activities and, as discussed earlier, has certain exemptions for certain types of activities. It sets forth specific standards and specific activities which need to be addressed in a conservation plan and requires the establishment of a timetable by which those types of activities need to occur. Ms. McPherson stated it sets a plan review schedule and proposes to designate someone to review plans. It also specifically calls out certain design standards and, while they are minimums, the City may require more design standards which are included in the Best Management Practices handbook. It requires a security over and above the typical performance bond. Right now they do require a performance bond which covers all outdoor improvements-- landscaping, blacktopping, curbing, irrigation, etc. This would be a separate security over and above that particular performance bond, and that particular security would only apply to the conservation and its related components. Mr. Newman stated his concern with a performance bond is that it is very difficult to get a performance.bond these days. Requiring a performance bond, letter of credit, or certificate of deposit would add a significant cost to the improvements. In his personal opinion, he is not sure a 100% letter of credit or 100� performance bond is necessary. What they want to do is encourage people to improve their properties, and the City has to be careful that it doesn't make it so costly that people cannot afford to make those improvements. Ms. McPherson stated t$at the City's typical performance bond (not including what is talked about in conjunction with the conservation plan) for outdoor improvements is 3� of the construction value. So, the City's policy is not 100% coverage; it is only a percentage of the entire value of the project. That includes not only the landscaping and outdoor improvements, but also includes the value of the building, etc. This particular security would only cover what it would cost to install the detention pond, sedimentation basin, etc. She should probably discuss this with the Engineering Department to see what kind of costs they are talking about for the developer. Instead of requiring a 100� in bond for the imprvvement, it might be more appropriate to change the performance bond to 5a and have it cover the conservation plan as well. Ms. McPherson stated the section on "Securities" needs to be clarified. It reads two ways. The first part reads that it going to follow another section of °�m��- -tpime �git requires 100� of the associated improvements. the ordinance, and then at the same cost of the cons�rvation; plan� a�d �'�� Mr. Saba stated that maybe the performance bond can just be enough to cover the erosion control measures as opposed to a certain fee. 6E I f .� PLANNING COMMISSION MEETING,"FEBRIIARY 10, 1993 PAGE 7 They are not asking for the amount of money for security to cover the cost of the entire improvements--just the cost of the erosion control measures. The language should be very specific. Ms. McPherson stated staff can amend the languaqe to reflect that. Mr. Kondrick agreed. They should just be addressing conservation methods and policies, not anything else. Mr. Newman stated his only concern is that they not increase the amount of the performance bond. There are already some safeguards in place. Ms. McPherson stated it might be appropriate to also amend that particular section of the ordinance that talks about performance bonds to specifically call out conservation practices as outlined in a required conservation plan as one of the included items to be covered by the performance bond. Mr. Kondrick stated that this seems to be an area of concern, and maybe staff can revise the language in Section 208.07. Securities. Ms. Sherek agreed. The performance bond language really needs to be addressed. MOTION by Mr. K�pndrick, seconded by Ms. Sherek, to close the public hearing. IIPON A VOICE VOTS, ALL�oOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED UNANIMOIISLY. MOTION by Mr. Kondrick, seconded by Ms. Modig, to table discussion on an amendment to Fridley City Code Chapter 208 entitled "Erosion Control" to the next meeting in order for staff to make further modifications as discussed by the Planning Commission. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED IINANIMOIISLY. 3. CONSIDERATION OF A VACATION REOUEST, SAV #92-03, BY BOB'S PRODUCE RANCH- To vacate the•north 50 feet except the west 209.7 feet of Lot 1, Block 1, East Ranch Estates First Addition according to the plat of record on file in the office of the County Recorder, Anoka County, Minnesota, and the.north 10 feet of Lot 1, Block 1, East Ranch Estates First Addition according to the plat of record and on file in the office of the County Recorder, Anoka ''r` Coun�y, �'='Minnesota. E�e��.11y located at 7620 University � Avenue N.E. Mr. Newman stated that because of a conflict of interest, he would not participate in the discussion and would abstain from voting on �F .., , PLANNING COMMI88ION MEETING. FLBRIIARY 1O;'"541993- PAGB 8 this issue and asked Vice-Chairperson Kondrick to conduct this portion of the meeting. Ms . McPherson stated this property is located north .of Osborne Road and west of the West University Avenue Service Driv,e. The property is currently zoned C-3, General Shopping Center District. The request is to vacate two easements. The first easement is a 10 foot sanitary sewer easement which runs adjacent to what was originally the north lot line of Lot 1, Block 1, East Ranch Estates lst Addition. The City does.not have any utilities located within this easement. The City's utilities are located directly north of the subject easement within the Metropolitan Waste Control's 33 foot easement. Ms. McPherson stated the various utility companies have reviewed this request and have stated that they do not have any utilities within this easement. So, there is really no purpose for this easement. Ms. McPherson stated the purpose for vacating the easement of the proposed addition to Bob's Produce is because it encroaches into. the easement. The City has executed an easement encroachment agreement which has given the petitioner permission to encroach into the easement in order to start construction during the vacation process. Ms. McPherson stated the second easement is a 50 foot road easement which extends from the West University Avenue Service Drive approximately midway into the parcel. At one time, the City had foreseen the possibility of 77th Avenue being connected in an east/west direction. However, the City did approve� a vacation request to vacate that portion of 77th Avenue at the west end of the development parcel. The middle portion was never dedicated to - the City, so there is really no purpose for this particular street and utility easement. Al1 the utility easements have reviewed this request in conjunction with the road easement, and they have no utilities or concerns or questions regarding the vacation. Ms. McPherson stated staff is recommending that the Planning 'Commission recommend approval of the vacation to the Ci.ty Council. MOTION by Mr. Saba, seconded by Ms. Modig, to recommend to City Council approval of vacation request, SAV #92-03, by Bob's Produce Ranch, to vacate the north 50 feet except the west 209.7 feet of Lot l, Block 1, East Ranch Estates First Addition according to the plat of record on file in the office of the County Recorder, Anoka County, Minnesota, and the north 10 feet of Lot l, Block l, East Ranch Estates First Addition aaccarding�...to�,�he plat of record. and on file in the office of the County Recorder, Anoka County, Minnesota. Generally located at 7620 University Avenue N.E. 6G .1 ."'. ` PLANNING COMMISSION MEBTING. FEBRIIARY 10. -1993 PAG$ 9"`:'.x= " IIPON A VOICT VOTE, CHAIRPERSON NfBWMAN ABBTAINING,.VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRI$D. 4. RECEIVE THE NOVEMBER 2 1992 PARKS AND RECREATION COMMISSION MINUTES: MOTION by Mr. Kondrick, seconded by Mr. Saba, to receive the November 2, 1992, Parks & Recreation Commission minutes. IIPON A VOICE VOTE, ALL VOTING AY$, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED IINANIMOIISLY. 5. RECEIVE THE UECEMBER 10 1992 JOINT HOUSING & REDEVELOPMENT AUTHORITY/CITY COUNCIL MINUTES: MOTION by Mr. Kondrick, seconded by Ms. Modig, to receive the December 10, 1992, Joint Housing & Redevelopment/City Council minutes. QPON A VOICS �TOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED IINANIMOQSLY. 6. RECEIVE THE DECEMBER 15, 1992, ENVIRONMENTAL QUALITY AND ENERGY COMMISSION MINUTES: MOTION by Mr. Sielaff, seconded by Mr. Saba, to receive the December 15, 1992, Environmental Quality and Energy Commission minutes. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEAMAN DECLARED THE MOTION CARRIED IINANIMOIISLY. 7. RECEIVE THE DECEMBER 15. 1992, APPEALS COMMISSION MINUTES: � - MOTION by Ms. Savage, seconded by Mr. Kondrick, to receive the December 15, 1992, Appeals Commission minutes. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED IINANIMOIISLY. 8. RECEIVE THE JANUARY 4. 1993, PARKS AND RECREATION COMMISSION MINUTES� MOTION by Mr. Kondrick, seconded by Mr. Saba, to receive the January 4, 1993, Parks and Recreation Commission minutes. IIPON A VOICE VOTl3, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED IINANIMOIISLY. r. - -_.. �• .f PLANNING COM�I��SSION MEETING, FBBROARY 10, 1993 PAGE 10 9. RECEIVE THE JANUARY 7, 1993, HUMAN RFSOURCES COMMISSION MINUTES: MOTION by Ms. Sherek, seconded by Mr. Kondrick, to receive the January 7, 1993, Human Resources Commission minutes. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NSWMAN DECLARED THE MOTION CARRIED IINANIMOIISLY. 10. RECEIVE THE JANUARY 12 1993 APPEALS COMMISSION MINUTES: MOTION by Ms. Savage, seconded by Mr. Kondrick, to receive the January 12, 1993, Appeals Commission minutes. IIPON A VOICE VOTEy ALL VOTING AYE, CHAIRPEIt30N NEWMAN DECLARED�THE MOTION CARRIED IINANIMOIISLY. 11. RECEIVE THE JANUARY 19, 1993, ENVIRONMENTAL OUALITY AND ENERGY COMMISSION MINUTES: MOTION by Mr. Sielaff, seconded by Mr. Saba, to receive the January 19, 1993, Environmental Quality and Energy Commission minutes. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED IINANIMOIISLY. 12. RECEIVE FEBRUARY 2. 1993, APPEALS COMMISSION MINUTES� MOTION by Ms. Savage, seconded by Mr. Saba, to receive the February 2, 1993, Appeals Commission minutes. IIPON A VOICL VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED IINANIMOIISLY. � - - ADJOURNMENT• MOTION by Ms. Sherek, seconded by Mr. Saba, to adjourn the meeting. Upon a voice vote, all voting aye, Chairperson Newman declared the motion carried and the February 10, 1993, Planning Commission adjourned at 8:30 p.m. Respectfully s bmitted, Ly e Saba Recording Secretary �' r � � . DATE: TO• FROM: SUBJECT: Community Development Department PLANNING DIVISION City of Fridley February 18, 1993 � William Burns, City Manager�� Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Establish Public Hearing for a Vacation Request, SAV #92-03, by Bob's Produce Ranch; 7620 University Avenue N.E. Attached please find the above-referenced staff report. The City Charter requires the City Council to conduct a public hearing for all vacation requests. Staff recommends that the City Council establish March 15, 1993 as the date of the public hearing for the attached request. MM/dn M-93-64 r C7' STAFF REI'ORT � Com�nunity Development Department Appeals Commission Date Planning CommissiOn Date : February ]0, 1993 City Council Date : February 22, 1993 REQUEST Permit Number Applicant Proposed Request Location SITE DATA Size Density Present Zoning Present Land Use(s) Adjacent Zoning Adjacent Land Use(s) Utilities Park Dedication Watershed District ANALYSIS Financial I mpiications Conformance to the Comprehensive Plan Compatibility with Adjacent Zoning and Uses Environmental Considerations RECOMMENDATION Staff Appeals Commission Planning Commission Author 1�M/dn SAV ��92-03 Mike/Bob Schroer To vacate street and utility easements 7620 University Avenue N.E. 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Qt� � // 1 Iti��ol ��ttol (A/tooJ � W i j � � ( • M io : i '�1 `� /U � t� �� } --i � � �1 �� .tr � I , . ��,�> > W � �. �,�; � E O r ; � nroc: n � tn ��3 � s' s . � N,� � „ . — '�=•,•� 7a rN aorEntu� � K E �:s r � �� CL/s00I e 'Y^ � � � . . � w � � 1 N G•f � - _�.s.__�� -�.f 7, l � {„ ,Z� � i�. 7 � . 6L LOCATIQN MAP L . � •'� � � �•e� �� '� J�M�1 >:� �:• � � � . /° , � ��.�`�s �� ` = ' �p�� , .-v.. r.�J - .�� .?�i. �s 6'e3 / 1„ ^>-r`." � r''.., . ?�. �'. `i-�, � d��j�`� . 41'<�.,''.�,,> T ,� � ' �"��' � �t� l '- J �� ,. ° i � �3'E.,. _..� •1: �l \ I I \ [!`i t�/ I!� : Staff Report SAV #92-03, by Page 2 Request Bob's Produce Ranch The petitioner requests that two easements be vacated: 1. 2. A ten foot sanitary sewer easement. A 50 foot street and utility easement. These are located on Lot 1, Block 1, East Ranch Estates 4th Addition. Vacation of these easements will•prevent encroachment by the addition to the Bob's Produce Ranch facility located at 7620 University Avenue N.E. Analysis The sanitary sewer easement was originally dedicated as part of Lot l, Block 1, East Ranch Estates 1st Addition. There are no City utilities located within the sanitary sewer easement. The easement is parallel to the north lot line of what once was Lot 1, Block l, East Ranch Estates lst Addition. As the property has been replatted, the easement now runs through the middle of the development parcel. A Metropolitan Waste Gontrol Commission sanitary sewer easement is located directly north of the subject easements and the City has utilities located there. The subject sanitary sewer easement is redundant and unnecessary. The 50 foot street and utility easement was dedicated as part of East Ranch Estates 3rd Addition. It appears that the intent of the easement dedication was to connect 77th Avenue N.E. to the west through the development parcel. The City recently vacated a portion of 77th Avenue N.E. on the west side; therefore, maintaining the .50 foot street and utility easement would not be logical. The street system in the area provides adequate access to the subject parcel and adjacent parcels, therefore, maintaining the 50 foot street and utility easement is not necessary. The utility companies have reviewed the request and have no objection to it. The City has retained appropriate easements for the utiiities in the area. Recommendation Staff recommends that the Planning Commission recommend�approval of the vacation request, SAV #92-03, to the City Council as the subject easements are not needed. Planning Commission Action , , „ � .- -�„:: The Planning Commission voted unanimously to recommend approval of the request to the City Council. City Council Recommendation Staff recommends that the City Council concur with the Planning Commission action. 6N i � ' � I i � I I : .. ,-I a w E"'' �! -1-+ W� i i= �� r. i �^ (, � .! !i; f� : ;, w � � �� j..3 � .i �3 r s�' w , � � ;� �=i �� l ,3� x Q � =33 �3s Ri ,�„i "�! a � � � � � i f g .: • .: .� � ^ � � �� 3� �i �� :i r'ri � w u . a . . � ] � 9 . � � . : � .: r^ 3 �g y^.° !�� SS 333 �..•rr . V � °i3 l °i:3 `ib S��i �L.� r � �� !i �ii� D: � s�j 3 !1 °� 3 3� $� � ' � �' � �� A � p� a� � � 3 �� f� . `� 5 31� d, 3# 5 C � E �( �. I � . 8 � ' � I - -. . .- --- _ i � SAV 4692-03 x Mike/Bob Schroer • = � . a � r� � i �' (� � � f: ii� 8: . . �� '� ' �' � � 3�� 1�j � � :3 � ; � 9 �� Y2 ' i �y� � . . �� ` �� oQ �$3 E �� E� . d � H j) W i �� I � � � ; �� 3 � , �� N� ' ....a N . . �. W ' —..�._.____.—._.— � �-- -- -- -- ��–x—�• ` ^ _ '� , , . I Lb � M..Y..,� �� _. �'"" � N � . ' � ' �. �. 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A �.�' ; ��+}�! „� �� r ��; �YTIIviE PHONE 5;7/ Il �LL_ Y �: � �' %� �':� :'k � p,}"'�.€S"`� �� DAi� /alaa �� 1. �� ,: .t E `t� :4�g,�� Yr �:.y '� r �. �'��ki � ,�;• � �,uN ; ' k �, ,.. � �� # , ��,; �� 3Y - .1: ', � . . . .. .� i�TIME PHONE " �w' �; � . , _:. ; � ; ; "; �y � �; �. �,� �-� ,'t;�� DATE i�%' 30° y��;� pY �r�.u�rk�kt,a.is ,,;'. .'i'; • � 1...,::�K"'i.. , . .. A �' ,i . ... / L�/ C� . _ Community Development Department PLANNING �IVISION City of Fridley. DATE : February 12 , 19 9 3 ,q� TO: William Burns, City Manager�,�,v FROM: SIIBJECT: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant� Variance Request, VAR #92-28, by Menards, Inc., 5350 Central Avenue N.E. Attached please find the above referenced staff repart. The petitioner is requesting a variance to allow the continuation of. a variance granted prior to 1977 which would allow the remodeling of an existing sign. The subject parcel was granted a variance in 1974 to increase the size �of a free-standing sign. The request was approved to allow a sign of 180 square feet. .The existing sign is 215.25 square feet, 57 of which is a message center. The proposed sign is 189.91 square feet, 57 of which is the existing message � center. The Appeals Commission reviewed the request and•voted unanimously to recommend denial of the request to the City Council. The. petitioner has revised the request to propose a smaller identification sign which will reduce the total sign area to T7_6 square feet. The petitioner, by eliminating the 57 square foot message center portion of,the sign, could substantially reduce the size of the sign, bringing it closer to the area of the Embers and Ground Round signs which were granted variances to the Sign Code from 80 square feet to 120 square feet. Staff recommends that the City Council deny the variance request as proposed. MM:ls M-93-66 � �� _.._ _ s.�.,. dy-� .._... _,. ,........ S TAFF REP O RT � Ca�mmunity Development Department Appeals Commission Date Fe}�ruazy 2, 1993 Planning Commission Date City Council Date Fd�ruary 22, 1993 REQUEST I Permit Number i Applicant Proposed Request Location SITE DATA Size Density Present Zoning Present Land Use(s) Adjacent . Zoning Adjacent Land Use(s) Utilities Park Dedication Watershed District ANAL�'SIS Financial lmplications Conformance to the Gomprehensive Plan Compatibility with Adjacent i Zoning and Uses ! Environmental Considerat+ons i RECOMMENDATION i Staff ° Appeals Commissian Planning Commission Author �/ls VAR #9 2-2 8 " N�nards, Inc. 'lb �llow a varianoe granted grior to 1977 to remain in effect t�o allav the reirodeling of an existing sign 5351 Gentral Avenue N.E. . 8.85 acres �3, General Shcipping Center District Retail C-3 to the S& W; �-3, General Multiple Family, and 1�1, Single Fami.ly, to the E Conarercial to the west;'& south; R�sidential to the east Si.x Cities Denial ; �K Denial ;. :�� ,, . VAR #92-28 Menards, Inc. 7B L4CATIQN MAP � C� Staff Report VAR #92-28, 5351 Central Avenue N.E. (Menards) �°�� :� Page 1 A. STATED HARDSHIP: See attached letter dated December 20, 1992, from Jones Sign Company. B. ADMINISTRATIVE STAFF REVIEW: Request The variance request variance granted prior allowing the remodeling for 5351 Central Avenue Site The property intersection is zoned C-3 properties to east are zone Multiple Fami Anal.ysis is to permit the continuance of a to 1977 to remain in effect while of an existing sign. The request is N.E., the Menards, Inc:, site. is located in the northeast quadrant of the of Central Avenue and 53rd Avenue. The property , General Shopping Center district, as are the the west and south. Adjacent properties to the d R-1, Single Family Dwelling, and R-3, General ly Dwelling. Section 214.2i.03.0 of the Sign Code states that all variances granted prior to November 21, 1977, unless otherwise specified by Council, remain in effect until the face of the sign is replaced or remodeled. Public purpose served by this requirement is to enable the City to enforce compliance with current sign code. Section 214.21.03.is intended to regulate signs granted prior to November 21, 1977. The existing sign is composed of a 158.25 square foot Menards identification sign and a 57 square foot message center sign. The total height of the existing sign is 33 feet 10 inches. The petitioner is proposing to replace the existing identification sign with a slightly smaller Menards identiFication sign. The new identification sign is 132.91 square feet in area. In 1974, Menards applied for a variance to the Sign Code to increase the size of a free-standing sign from 100 square feet to 200 square feet and to-• increase the--•max�m height of a free-standing sign from 25 feet to 40 feet. The Appeals Commission voted to recommend denial of the request to increase the square footage to the City Council. This was based on the fact that the ir�orease in sign area was due to the addition of a message center which was not included in the 7D Staff Report VAR #92-28, 5351 Central Avenue N.E. (Menards) Page 2 , . , cR ...ti^a.. public hearing•. The Appeals Commission voted to recommend approval of the variance to increase the height of the sign. The City Council reviewed the request and voted to approve the sign variance to increase the maximum size of the sign from 1.00 square feet to 147 square feet including the message center portion which was not to flash or change the message more once a day. In an additional meeting in 1974, the City Council reviewed the original sign variance request again to increase the size of the sign from 147 square feet to 180 square feet to allow the addition of a message center sign. The City Council approved the increase to 180 square feet. Prior to the granting of a variance from the literal provisions of Chapter 214, four conditions must be proved by the applicant. These conditions are outlined in Chapter 214.21.02 of the City Sign Code and are as follows: A. That there are exceptional or extraordinary circumstances applicable to the property or to the intended use that do not apply generally to other property in the same vicinity and district.. The property is,highly visible from I-694 and Central Avenue. The petitioner, Menards, has utilized the maximum amount of wall signage allowed by code to identify its facility. Adjacent properties in the area have attempted to substantially reduce the amount of signage on their properties. Specificaily, Embers Restaurant, directly west of the subject parcel, received a variance to allow the installation of a 120 square foot sign. The original Embers sign was in excess of 300 square feet. B. That the variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and district, but which is denied the property in question. Denial of the variance request does not eliminate the opportunity for signage on the property. It does, however, prevent the upgrade of the sign to a more modern sign. C. That the strict application of the Chapter would constitute an unnecessary hardship. Strict application of the Chapter does not prevent the petitioner from having signage. However, it does prevent 7E Staff Report VAR #92-28, 535Z Central �vtrenue N.E. {Menardsj Page 3 the petitioner from modernizing the existing sign. The petitioner has adequate signage on the walls, and the petitioner has the opportunity to bring the existing sign into conformance with the current City Code. D. That the granting of the variance would not be materially detrimental to the public health, safety, or general welfare, or detrimental to the property in the vicinity or district in which the property is located. The granting of the variance would continue to allow the nonconforming sign to remain nonconforming at a substantial size. Adjacent properties in the area have attempted to bring their signs closer in conformance with the Sign Code, or into conformance with the Sign Code. The petitioner has the opportunity at this time to bring the sign into conformance with the City Code. StaFf Recommendation As the petitioner is not attempting to bring the sign into conformance with the current code and has not met the four conditions required prior to the granting of the variance, staff recommends that the Appeals Commission recoinmend denial of the variance to the City Council. Appeals Commission Action The Appeals Commission voted unanimously to recommend denial of the request to the City Council. City Council Recommendation Staff recommends that the City Council concur with the Appeals Commission action. Staff UAdate The petitioner submitted revised drawings showing a reduction in the area of the identification sign from 132 square feet to 119 square feet. This reduces the total sign area to 176 square feet, under the 180 square feet that was granted by the original variance request. The petitioner could still substantially reduce the area of the �:sign by� elimina.ti�g the message center portian of the sign. This would bring the sign area to 132 square feet, closer to the 120 square feet granted for Embers and Ground Round. Staff recommends that the City Council deny the variance request as proposed. 7 F ' ;� � � �.�� '� '� �, ' �� — S/NCE 1910 — "JONES MADE SIGNS BEFORE HE COULD TALK" 810 Thornton St. S.E. • Suite 1204 Minneapolis, MN 55414 Phone (612) 339-3722 • FAX (612) 339-2285 February 11, 1993 Michelle McPherson City of Fridley 6431 University Ave. NE Fridley, MN 55432 Re: Menards, 5351 Central Ave. NE Dear Michelle: ThiS letter is to advise you of a change in our eariier request for extension of the existing variance affecting Menards. We propose to further reduce the square footage of the I.D. sign (119.25 sq.ft.). This, together with the exist- ing electronic message center (57 sq. ft.) would total 176.25 sq. ft., less than our original proposal and sig- nificantly less than the existing signage. Menards feels strongly about the positive effect message centers have on their business and hope to be able to update their old "Menard Cashway Lumber" with the new Menards sign while continuing to use the message center. Included here are revised shop drawings. I look forward to the council meeting of the 22nd. Thank you for our assistance Michelle, �y � ! Scott Egerer ,:,,. Wisconsin National � w.�f lndependent �� Associated i� �ndustrial Advertising Efectric Sign �1 I Advertisin�j Builders and � Fabrics Association Associatio� Council f �� Contractors, I�c. A s s o c i a t i o n � I I� � �� International -��-- - .. --J�--- ---- ...,� . _,..,..„:,........�. z6�-�N� � 8�-� n � i � � � IS ,- - -- � i - --- — — -- , ---1�*� , � � � !�; vv.. Pu��iNc —� �.�ER o�h�R� — D�i� A /F R�-�N sr�N DisPt.sY 5�'� %"=�'o�� 8 �' I� 4L "'�"r'`"`6,�,;,,�"" 4�. �y rn� �. : :., n��..te,.mti � � ��'�1/IGi�'U 1�L�vE�;t' 7H il �; � _..�� ,, �d�. VAR 4�92-28 Menards, Inc. -- qF f-Y.,oN St� DisP:.,o.�( 71 ELEVATION JOH ES S��K — SINCE 1910 — "JONES MADE S/GNS BEFORE HE COULD TALK" Wisconsin Advertising 711 Hinkle Dr. Green Bay, WI 54303 Association (414) 494-6740 FAX (414) 494-2313 December 28, 1992 City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 Attn: RE: Michelle, Community Development Department Menards - Variance 5351 Central Avenue Id. E. Desr Michelle, As you requested, enclosed is our completed appl.ication along with our check in the amount of covering the variance.review fee. Also enclosed size drawings, one 8 1/2" x 11" reduced drawing, and site plan oi property. ��.. ABC �� AS.fOCIATEOBIMOERS ANO(ONtRAC1CNR MIC. variance 5100. 00 are three full legal description, Michelle, the purpose of this request is not to increase the �xisting square footage or height of the existing pylon, but to up date their identification only, and to fall in line with their_present image. All other properties have been converted in the Minneapolis St. Pau•1 area as well as throughout the Midwest. I thank you and the variance committee for any favorable cansideration you may have for this request. Sincerely, . , Dennis R. Jones Sign DRK/dvk � Kn ppe Company, Inc. 7J . . . . . . ' . . � .-..: ,t;` � w� � . � . . � . .��; � S a ' � . . :.: �i f I CITY OF FRIDLEY 6431 UNIVERSITY AVENUE N.E. FRIDLEY, MN 55432 (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT VARIANCE APPLICATION FORM PROPERTY INFORMATION - site plan required for submittal; see attached Address: 5351 Central Avenue N.E. Property Identification Number (PIN) R24 20 24 33 0009 - 00462840 Legal description: See attached Lot 9& 11 Block TracdAddition Current zoning: Square footage/acreage 8.85 acres Reason for variance and hardship: Section of City Code: Have you operated a business in a city which required a business license? Yes No If yes, which ciry? If yes, what rype of business? Was that license ever denied or revoked? Yes No � FEE OWNER INFORMAT ON (as it appears on the property title) (ConCract Purchasers: Fee Owners must sign this form prior to processing) NAME Menards, Inc.. ADDRESS 4777 D�enard Drive Eau Cla' I 54703 DAYTIMEPHONE 715-876-5911 SIGNATURE _ . DATE 1--� _ � `'� PETITIONER INFORMATION NAME Jones Sign Company, Inc. ADDRESS 711 Hinkle Street � �3`) — 2�'1 ti2 Green Ba , WI 54303 DAYTIME PHONE 414-494-6740 . SIGNATU ` , � , `,� � DATE 12-28-92 Fee: $100.00 �$ 60.00 for residential properties Permit VAR # Receipt # Application received by: Scheduled Appeals Commission date: Scheduled City Council date: � 7K � REGULAR COUNCI! MEETING OF MAY 5, 1975 143 PAGE 21 Mr. Maxivell, Certified Mobile Homes, addressed the Council and asked if it would be possible to obtain a copyof the sign ordinance. He indicated they may wish to elimi- nate the large billboard and look into another type of sign. The City Attorney said as another alternative, they should look at the.possibility of using the large sign in different ma�ners. . Mr. Maxwell asked if it would be possible to install a sign where the letters could be changed to change the message such as the frostop sign. Mayor Nee directed the applicant to discuss tnis with the Bnard of Appeals UPON A VOICE VOTE, all voting aye, Nayor Nee declared the motion carried unanimously. CONSIDERATION OF A RE EST MENARD'S MBER TO INCORPORATE A MESSA6E C NTER INTO EIR EXISTING SIGN: 5_�r� Ua��% Mr. Lehan J. Ryan, Attorney from St. Paul, representing Menard's Lumber Company, addressed the Council and recalled the history of ihe consideration of the City i•n the installation of the �tenard's Sign. He indicated the request to be for the incorporation of the n�essage center at this time in order to advertise such things as a carpet sale. He said ,;here is cor�siderao.le discussion concerning the incorporation,of the message center and the t4er.ard's people had obtained many certificates relating to the safety factors considered in the denial of the original request. � Mr. Ryan said he had tried to locate as many sigrs such as this in the area and he had obtained statements from the local law�enforce�nent officials•regarding the sar"ety and traffic conditions relating to the use of the signs: He said he had also contacted the Nighway Department for statements. He indicated that he had a lett2r concerning the placement of the sign for North Central Airlines by tne airport from the State i'raffic Engi�eer. Ne also indicated that there had been a meeting with the City Public Works Director and staff and a presentation had been made. He said at tne zime of ihe presentation tne Menard's people had asked for a recomnendation from the staff concerning the installation of the proposed message center. He said this recommendation is on . Page 12 of the agenda. Mr. Ryan 'referred to.the material submitted to the Council and said he would briefly sumnarize the presentation. • Mr. Ryan again explained that they had received letters from various�officials in whicn they had commented concernir,g the installation of such signs within tne Twin City area. . �He referred the Council's attention to the letter received from the Highway Department and indicated that the official was somewhat'reiuctant to take a position on the sign ' because tnere ha� not been any studies made concerning this by the I�igh4�ay Oepartment. Ne explained that he had requested the letter on the official's ovm �udgment of the - - circumstances. He said this letter had been submitted to the Fridley City.Council. � Mr. Ryan referred to the portion of the presentation regarding the sign in West St. Paul v�ith such a n�essage center and said it is the same sign as the onE proposed in the Fridley carea. He said in every case, the comments were that the sign do�s not relate to any traffic safety. He again mentioned the North Central Airlin�s sign and said the Highway Depart�nent official said it may attract the traffic's attention, but does not relate to traffic safety. Mr. Ryan said the City Code prohibits an illuminated sign from changing. Ne said there is a technical presentation availabie to explain the concept of the proposed sign rmich would indicate that it would be permitted by the City's present ordinance. He said this is not a flashing sign, it is a changing sion. Mr. Ryan continued his presentation by referr.ing to the message center sign on P.obert Street in West St. Paul and sai.d the Lieutenant of ihe Police Oepartment said they had 1 � also been concerned about the installation of the sign in that area because of the traffic and now he has indicated that ihere.has�been no accidents reported because of the sign, but he had received good comnents°�ncerning its installation. Mr. Ryan also referred �' to the sign on the First National 3ank in Shakopee, td�nnesota, and said .the Chief o� Police has indicated that no accidents have been caused from this sign. He also i comnented that there is also a sign on West Lake Street which is a very busy street in � the City of Minneapolis and the traffic engineer gave a statement that there were no ; traffic accidents related to the sign. ' �' Mr. Ryan said there had been many accidents in the Twin City area, but not one could I be attributed to the installatio� of a m�ssage c��t�r sign. He said there are many �• distractions for traffic and they cannot be eliminated. � � � ' 7L � ; _ � : ; ; i : i l r ; .5 i ; S F ! �. ;; : .� i : i' ; '� �� r3 �' �. +i �:� �� 144 `1 REGULAR COUNCIL MEETING OF MAY 5, 1975 PAGE 22 Mr. Ryan said he had met the chaltenge presented by the Fridley City Council and come back with the information that the sign is not a hazard and requested permission to turn on the message center portion of the sign. He adc�d all will agree that the sign is attractive. Mr. Ryan pointed out that the Manager of Menard's, Mr. Larry Menard, was present at the meeting as wel7 as Mr. Ralph Carpenter of American Sign Indicator Company. ' , Councilman Fitzpatrick asked if there was some reason that this consideration had not gone to the Board of Appeals. The Public Works Director said this was because the petitioner wanted to come before the Council. Councilman Starwalt said he did not at.any time feel that the traffic safety was the sole reason that the message center was not approved by the Council. He said the City's ordinance prohibits this type of use. i � s E. � Mr. Ryan said Menard's was not trying to circumvent any administrative procedures, but they had been at the Board of Appeals and all of the information had been give to the staff to allow them the time to review it. He said they had gone to the Board of Appeals at the original request and the staff had not objected to them coming straight.to . the Council for this. consideration. Mr. Ryan said the Council had indicated that they could come back the next year and he added, t:►is is said with a full degree of confidence. _ The City Manager referred to the Memo in the agenda from the Public Works Oirector and said the staff had made a determination that the request would not be allowed by the City Ordinances. He said if the Council thinks it should be allowed, this �annot be done by variance, they vrould have to change the ordinance. Councilman Breider said he felt this was a different situation and he recalled that at the original consideration, he had complained loudly. He said presently he had no hangups on the sign. He said this type of sign may be better than the type where the letters are changed. He thought th�t this may be allowed on a trial basis for the period of from two to three months. He said the Board of Appeals could be asked to review the matter and if it is acceptable to the community, the Council could review the ordinance. � The City Attorney said he honestly did not think this was �vhat the ordinance was addressi.ng itself to when it was written. He thought this type of sign was intended � to be permitted or there would not be the ex.ception in the mention of the time and � temperature signs. The City Attorney said the Council should determine whether they want to permit this type of sign in the City, and if so, amend the ordinance. The City Attorney said he !•�ould go along with the thinking of Councilman Breider that this should be allowed and reviewed for a short trial period, and if it is feasible to have ' ' them continue use of the.message center, the ordinance should be amended. ' � .\ � . The City Manager said the staff had recortmended against allowing the sign to operate. He said he was only stating the alternatives. Cou�cilman Fitzpatrick said he would go along with the City Manager and thought that this sign is precluded by the ordinance. He said it would seem to him that the sign was ' not distracting his attention, the sign would not be doing any good either. He said this sign is located at an interstate interchange. Mr. Ryan said all types of other signs attract attention also and it is questionable if this is dangerous. He said the documentation presented to the Council indicates that this sign would not be a detriment to the health, welfare and safety of the community. Councilman Starwalt said he did not think the sign would enhance �he safety of the community. He said he agreed with Councilman Fitzpatrick that this is not the location for this type of sign. He said he did not care what the State people had said. The Public Mlorks Director explained that he had gone'out to look at the signs listed within the presentation by Menard's. He indicated that he felt that he was being distracted by the moving message cneters and especially the sign on Lake Street. He said he had to slow down and almost stop te wait for the sign to change to read the message. Mr. Ryan said slowing down is not all that bad. He mentioned that the West �St. Paul lieutenant is happy with the sign. Mr. Raiph Carpenter said some flash on and off, and this one would just move in the message mode portion. The City Attorney asked which type of operation would be used if the Council would approve the s e center i� this sign. Mr. Carpenter said the sign company reconmends the on ar��type. �� ,',; i ' • � � . I �i "..'. �� i � ( , , REGULAR COUNCIL tdEETING OF MAY 5, 1975 l45 PAGE 23 Councilman Fitzpatrick sai.d the signs do attract his attention and this does affect his safe driving. Ne said his objection would be that this location would be very bad for a flashing sign. Councilman Breider said he thought this would be moving message mode. Mayor Nee said he had some real�reservations on the proposal. MOTION by Councilman Starwal.t to deny the request for the operation of the message mode as requested by Menard's lumber. Seconded by Cou�cilman Fitzpatrick. Mr. Ryan asked if the Council intended to deny the use of the trial period. Mayor Nee indicated that the intersection would be rebuilt and at that time there may be some changes. He said the intersection is very complicated at thepresent time. Councilman Starwalt indicated that this change would not help in the consideration of the install- ation of the sign. UPON A VOICE VOTE, Mayor Nee voting aye, Councilwoman Kukowski voting aye, Councilman Breider voting nay, Councilman Sta nvalt voting aye, and Councilman Fitzpatrick voting aye, Mayor Nee declared the motion carried four to one. Mr. Ralph Carpenter asked if it would be possible for Menard's to cha�ge their r�essage once per hour rather thar the one time a day that is•currently being done. He said this orould not be flashing. Councilman Starwalt said hE felt any further consideration should go to the Board of Appeals. Councilman Fitzpatrick said the people would not drive by the bUSiness one time per hour. . Mr. Ryan explained that the item that is.o� sale in the morning may r.ot be on sale in the afternoon. He said this would be done according to the need. The City Manager said tnat at the time of the original request, the Council had indicated this could only be done one time per day. He suggested allowing the applicant more leeway rather than them coming back in a few days. He said this could be done as a part of the variances originally issued. He suggested that this be taken care of by the Council rather than starting the process all over again. • Councilman Starwalt said he was not against all signs, but he did not like the flashing signs. He said he did not think that the time and �•:temperature should be put on a message sign at this location. He said he did not think that it would be a safety hazard if the sign r�ould change every five minutes. He did mention that there are times that this would be bad for the safety at this location. Mayor Nee asked if it tiaould be feasible to grant the request for a change once an hour. He said this would not oother him. hfayor Nee referred to the sign on Snelling and Selby in St. Paul and said he had experience with this sign when he is driving in the area and he personally felt that this is a hazard because one must slow down and almost. stop in order to read the complete message. Mr. Ryan mentioned that this sign was listed within the presentation and the conment was that this sign was definitely not a hazard of any type. Councilman Fitzpatrick said the City Council is not against signs, in fa�t they have an ordinance to provide signs. He mentioned that signs�are not allowed in other areas. He mentioned he thought the proposal should go to the Board of Appeals since the Council's reaction a�as in support of their recomnendation. Mr. Ryan said goin9 all the way back to the Board of Appeals would not be an ansv�er to the applicants. MOTION by Councilman Breider to allow the once an hour change in the message on the Menard's Lumber sign. Seconded by Gouncilwoman Kukowski. Councilman Starwalt advised the applicant that he would not want them to come baek with additional requests in the future concerning this sign. Mr. Larry Neard addressed the Council and said they would like to be a part of the cortmunity and he suggested they display community messages on the sign if the Council wished this: Councilman 6reide.r said their point in denial would be that the sign would be flashing and they could-not buy this concept. UPON•A VOICE VOTE, all voting aye, Mayor Nee declared the motion carried unanimously. h1r. Dick Harris, Planning Commission Chairman, addressed the Council and stated that he was not surprised that the Council had bent the sign ordinance again, because it had been bent so much already. _ 7N � i i k� e ; .� i „�.-, ty : .r; �� s_ i i �E C, �: � 5� � , ; REGULAR GOUt;C1L bi�[Tltt:: OF QCTOfi[R 7, 197� CO��SID"tR/1TI0h OF A RE%U�iI�vG R �'iS 11-11, /tilD LOTC �3-3i , Fi ItJDUST,�.11+L ,,R��1S �(t1 �- 2-1��i.ii A SII�GLF f:�i•iILY Oi.ItLL'.i:�, (t`ir' L C�YEii„ITY ��t;A`�c� �Ei;'EE�( AF�D THE RP�I'tR0 0 TPJ;CI:S: P�tGc 9 EST, 7_0!1 ; 74-04, f3Y NL•f�RY F. MUHICH: TO .REZ�JNE 1:? � The Pubiic Works Director said it would be in order at this time �o set a Pub7ic Nearing. P10TION by Councilman Utter to set a Public Hear�ng for the Rezoning R�qu�st ZOR r7u-04, by lier.r•y F, t•1uh;ch fot• Nove:nber 18, 1�'/4. Seconded by Co:ancilman Nee. Upon a veice vo�e, all voting aye, PiaS�or Liebl declared the mot•ior cart•-ied unanimo�s�y. CO�iiDERATIOt�� 0� � REQ'1EST FOR F, �FECI�,!_ USE FERt�1IT, SP. �t74-14, SY t•'.ICH.4EL B. i. T� L'E Lll;.AitD ui? 7;i= sdtST r" �;�: �;ok � �� :��s ��ua�r �K ��r s �;;��;,� ; c5 r�: E.. The Pub�ic 4l�rl;s Dir•e�±or said this matt�r ��o�ld be ber'ore �he at�i�d�ng Standards- Desi�n Centrol Suhco:rriitL-ee on Occ.ob��• i5, anc; he vlould reco�,�:�en� fl7at �cne Cour�cil not take ac�icr� �ntil thei;^ reco::�nenc�a+.iens at•e ►rade. frayor Liebl said tne remaind�r of ihe meetir.g cencer;�ed gEi;erz� discussion ar�d wo�lld not requ?r� any Ccunc�i7 acti�n. ��10TI0?: by �cu�cilran Utter tc rece�ive th� tiinutes of i:he P;�nning Co�unission hieeting of Sepl:�ber 25, .1974. Secor•ded by Co;�r�ci];r:an Starwa7t. Upen a voi;;e vote, all v�iing aye, tbayor Liebi declared the ��:otian carri•ad unuf��mous�y. "- �Y COiJSIDERliTJ0;1 (1z A.�cc�:;rST TO IP!C�:EA�E �QUPRE F:+UTxGf..Oid htEP•!;�:vS'� CRSN!�!:1�' LU;1B�R �, COi�i'!.'�.'Y' Sii:t•i. REG:l�S7 6`l f;i�iE�IC!;;J Stv[t It:�if!�TOi;: �-"- --+--~'- �,.. F d !. t� fi •• - S' F d' ,t -� a �r,- � • hP � -, ., •� • � ., � i � i E i� . T'E Cll �� .fi:e� 1Cotl lC:l ii 1Cc+ OY'� �,uu. ,:SS� L_.011:�C1� d71C Sul ttl., 1 c:p. c:SEP.t� ative had ao�eared be4ci�e �he C�unci ; at a ra��er;t n�etio�g anG the request eias o; igir�lly for a r�esseye cer.ter ir;s�allaiion t;�at �•1a��id I;a,�e changing m�ssages. He explained that the origSnal sier, t;as 14i f2et :�;hich a�ould be higher. and r,arro;rer than the cr.e they ar2 ncar propesirg. He ex�?air�ed thai the sign t�azs nc'� sold to the Cempany at the time of the prev�ous ap��arance be�ore tho Co�nci] and the owner Mtanted i:he sign en th� ;;Jlens to r:;a�ch the ►vall sign, hz exp7ainecl that. this vt�ald ca�ll fer stretcl�ir�g cui the iden�i�ication porcion c�f the sign s]igh�ly. Ffe indica�ed t}ris ►rc,uld be placpd on thE exisiin� pylons. Cou>�cil�nai7 Starv;�lt said 'ne liad no �bject~nns, bu� he v�ou1� ]ike to esk a�e�n� �uestions. Ne ask�d if �nere �•rou�d be eneugh time ta submit this ii�rr b�fore ihe Bo�i-d uf Arpeals. h;e exr7ained �y L'neir �ppraval ai: th� present time, 1�2 felt t'r,ey YtnUiU ��e ci;°cumvent:n: �!�� Board of Ap�ea7s. �fhe Pu�lic i:orks fiirec�er said they i��ould be 0�,^.E•tltll9 {:IiF busi�iess in a couple of t;eaks. Co:incilr��ar� St�?r�•ra7i expr=�;�•d co��cern ovci� �pprcv;�:g i'riis type of ii.em a:�ihout prcvio�!s recor:�-r,enc:ation oP the Boar� o� appeaTs. P�r. CarpentEr said �vher they had appeared bet"ore the 6oa��d cf Appeais, they had asked for 2a0 spuarn fe�t �t�it'ri the installation of the ]arger message center. He said the :'o:�r� had a;,�roved t!�e Z00 square feet but had in�icated �hat this ti��ould � be �vi�hout the message center. +-�tayor Liei�l saio"'he rluuld like to be sure that tliey would not be instal]ing a flashing sign, F•�ayor Liebl said he believed the currently being proposed sign a;as nicer iookir,g than the one previously proposed. Ne said he thought tli� i:ie.�i!�ers of the Board of Appeals �rould also like Lfiis sign better. htOT101� by Councilman Starrralt to amend the var:ance .znd approve the sign for ' hlenard's Cash;aay Lwnber for 1S� squarc feet rath^r tt�ai; the previous7y app� oved 147 sy�!are reet on th� ide�tifice*ion portien of Lhe sign. Seconded 5y C�unciira-n Utter. Upon a voice vote, ail voting aye, hiayor Liebl ueclared the moi:;on carric� unanii�;ously. � �O 0 i 0 L �(��I k f , I?.L RCGULAR COUWCIL MEE7I��u OF OCTOu[R 7, 1974 PAGE 2 in order to get a hoi:el in the City cf (ridley, tf7° City of Fridley would need a goTf course, and he added, he cou7d be quoted on this statement. P1R. FRED LONTX, AMEPICA'� SIG��'DICATGR, RCQUEST FOR ADDITIONA� SQUP.RE FOOTkGE F Mr. Lontz introduced himself to the Council and said he would like to a:nend the variance that had beei� granted for the square footage for the Menard's L4mber Company from 147 to 180 feet. He pointed out in a dra�aing oF the two proposed signs that the neta one is a little longer than the first one pro�osed. . Mayor Liebl asked if there a:ere any problems concerning this variance. The City Manager said wne:i ihe peop]e a�ere before the Council previously, the,v ��eerz talking about an electronic control for the sign. He said it �dou7d be up to the Ceuncil if they a�anted to hear the people a little later that evening oi� ttiis request. I�e said if the Cout�cil would �:�ant to, they could hear this mattei� at a la�e:� date. Mr. Lontz indicated that the store v�ould be opening soon z.nd they tivouid 7ike to take care of this matte�- as soon as possil,le. Mayor Lie bl indicated that this item would be discussed_later in the meeting. /MR. DENNIS SCN;4EI�JEF,, 6790 HERRICK C irCERP�IP:G OPEf1 hiE L TY ATTCi:i•lEYy VIRGIL Mr. Schneider addressed the Council and said he had noted t'?at th�. l�tter that had been sent to th� Ci�y Attorney vlas not 7isted as an agerda ite� under the communications seciicn of the Agendu. He said this let�er had be2n sent �a hir. Vergil Her•rick, Cit�� Attorney, on September 25, 7974, with car�on copies to tne members of the Council and Planning Gommission. Mayur Liebl i»dicate� t�:at.the City Attorney v�ould•give the Council an opiriiun on this letter at the Council meeting two.t•�eeks fro;a the present meetin�. t1R. JIM LUND, .REQJEST FOR ADDITIGt1AL 3UILDING P�P,F•1ITS: Mr. Lund add�^essed t�e Council and inciicated that he had originally asked for five building permits"��rhen his plat ha�+ been approved. He furti�er exp7ained that there had bee� a delay in the filing of the plat due to thE State ovrnirg the �roperty. He requested that the Co��n�il approve the issuar,�e of five additional builciing permits at this i:ime because of the lat�ness o� t{�e seascn. Mr. Lund said he had taken care of _ a71 of the necessary requira��e�ts such as the bonct ar,d park requirer�eni:s. He again agreed that na one �•�ould occupy the homes uni:il the plat is filed. . . The Public t�iorks �irector indica�ed tha�r there tvould ue no probiens �vith tl�,e issuance of +l�e five additienai building permits if the houses are not eccupied. Pir. Sobi�ch felt it would be arprc}:i•iate to issue the additional five bui;uing permits. t4ayor Liebl said this is in th�e Second Ward ar�d calleo on h�r. Star��alt to present his views. , Councilman Stararalt �s�:ed �•+Ir� the��e had bee� a delay in the fiiing uf th� piat a:�c� Mr. Lund �xplained ther? �ti°as a oelay because of the at�rnership by the State. NOTIOh by Councilr�an Starvialt that vrith this explanatiun, he +aould euthoi�ize �he approval.of the issuan� of tFe five additiona7 building Fermits urith th� s*ipulatior� that the houses r,ot be occupied as per the previous agreement. Seconded by Councilman Lltter. Upon a voice vote, all voting aye, 14ayor Liebl declared the motion carried unanimously. ' OLD BUSItvESS: COP�SIDERP.TIOTd OF POSS?BLITY OF ESTAE3LISHIP;G A tdATIOl�IRL GUARD HR�M1ORY IN TFIE CTTY OF F�Tf; EY: � h1ayor Liebl said tf�e 4yenda did supply ii�forma.tion on the 1lrmory proposa7 to date. lle further sta�ed tha± all Civic and Scrv�ice ory;:nizutions had Leen sc��t a letter and asked to s4bmit the:r fe�i�ngs to i:he Ceancil on this p:^oposal. t•ta,yor Liebl sai<I Le feii. ti�e proposa'. t•ro�� d fail if it �•�crn voted on at tFe present ir,.^otin3, H� inrlicate' he did nni. cne��' ou�icil�aan Grcider v:nuid vote tor this � f � : ; j REGULAR CG�ALILyMEETING OFySEP7EMBER 9,w1�974 PAGE 9 `� ;`n/ RECEIVING THE MINUTES OF THE BOARD OF APPEALS MEETING OF AUGUST 27, 1974: IV\ �Y -' A REQUEST FOR VARIANCES OF: SECiION 214.053, 2, FRIDLE.Y SIGN ORDIP;ANCE, TO INCR ;� �HE MAXIMUM SiZE_0_F A FREE STANDING SIGN Ih A C-2S ZONING DISTRICT FROM 100 SQUA EET TO 200 SOUARE FEET, AND, TO INCREASE THE MAXIMUP+I HEIGHT OF A FREE S7ANDING HYtIVUt, tHU �LAlKt, 4115(:UIVSlIV. ): The Public Works Director explained that the Board of Appeals was concerned about the message center portion of the sign and the blinking type of lights. He added, this may cause a traffic problem in this area. Mr. Sobiech said the Board had recanmended denial of the request to increase the square footage of the sign from 100 square feet to 200 square feet based on the message center, but recortxnended approval of the portion of the request for the increase in height of the sign from 25 feet to 40 feet. Mr. Sobiech said this would be an additional four feet over the sign that is currently standing. Mr. Leon Ryan, Attorney from St. Paui, addressed the Council and said he was representing Menard's Lumber. Mr. Ryan presented a colored drawing of the proposed sign to the Council and stated he believed the propesed sign to be more attractive than the sign from the previous business on the premisis. He explained that the Spart an store had been empty for some years and they planned to occupy this ar�a. Mr. Ryan continued to explain that the Menards's Lumber people planned to begin business at the location on November 1, 1974. He further ex p7ained th� the � sign had been contracted to be instal7ed on September l5th. Mr. R an ointed out to the Counci7 that the ro osed si n i�s not a blinkin si n, it is a c angin si n. Ne sai t e app icant a gone efore t e Boar of ppea s wi � ree reques s and the first,allowing the height from 25 feet to 40 feet, - did not seem to be a problem. He said th�is proposed sic�n would use the ,�ame standar.ds as the old �artan sign. He said another request was that the sign be increased . from 100 square feet to 200 square feet and th�s had been recommended to be denied because of the concern about the illuminated siqn. He said the reason this had been brought before the Counci7 was because when the current ordinance was taken from the State ordinances, this type of sign was not.deve7oped and therefore would not apply to the ordinances. He continued with the background information and „ history of this type of sign. Mr. Ralph Carpenter, District Sales Manager for American Sign Indicator Corporation, addressed the Council and said the size requirement had been changed to 35.6 feet - or the same height as the existing s.ign. He passed out samples of the type of message that would be placed on the proposed sign and gave examples of this type of inessage on a console display. Mr. Carpenter proceeded to show a fi7m presentation to the Council. Councilman Utter said there are traffic prob7ems in this area and especially around 4:00 P.M. and 5:00 P.M., there is a considerable amount of traffic in this area. Mr. Ryan said the same type of sign is being used on Nighway #494 by North Central Air�ines. Ne added this would be by Thunderbird Motel north of the highway. Councilman Utter said there are no stop signs in this area on the south side of town. He indicated•it would be possible for the people on Central Avenue to be looking at the message center and have the stop sign change and cause an accident. Councilman Utter asked how the Highway Department felt about this proposal. Councilman Starwalt asked the representatives present how they would feel about approval of the sign if the message would not be _changed m�pre than one time a�,a,y r��>; Ne asked what their clients position would be in this case. .' Mr. Ryan said he did not believe Menards's would buy the sign if this was to be stipulated. � The City Manager said if the Counci] wou]d like to further consider this matter, this would be possible, this should not be done lightly. He said in traveling through the area suburbs, there are no signs visible from the highway going through Brooklyn Center and Fridley has a substantial amoun�t of signs. He said he would not object to a message if essage would stay the same and not change. He said this would have a g��mpact and this sliould be studied. 12 U � �'. , 12V The City Manager said there should be more study on this matter before a decision � is made. He said it would be possible to approve the top portion of ihe sign and not the message center portion of the sign. He stated 80,000 vehicles go through. i this area. IMr. Ryan asked if it would be meaningful for the Council to receive letters from I the various communities stating the signs such as this have not caused any hazards in their areas. , � , Councilman Utter said he did not think any other area could compare with this in � that this area has severe traffic problems. Mr. Ryan said the Company has picked this parcel of property because of the amount of traffic in the area. Counciiman Starwa]t said if the sign would not.change, he could liVe with the sign. He commented that if the applicant would feel that the who7e sign be approved including the message center, he would have to disapprove. � � Mr. Ryan said this roduct was not on the market when the ordinance was drawn. d this tvpe of si9n was in existance when Fridley adopted Councilman Utter asked if the top portion of the sign wou7� be within the City Code. He asked if the height would be the only-problem. The Public Works Director said the only problem would be in the height of the sign, it is ov.er the 25 feet maximum height. MOTION by Councilman Starwalt to approve the sign for 36 feet or the requested 35 feet eight inches, but with no flastmq messaqe center, the message tvould be solid and not change„more than once a day and that the square footage of the sign be approved from 100 square feet to 147 square feet. Seconded by Council- man Utter. Upon a voice vote, all voting aye, Councilman Breider d.eclared the motion carried. � � MOTION by Councilman Utter to receive the minutes of the Board of Appea7s meeting August 27, 1974. Seconded by Councilman.Starwa7t. Unon a voice vote, a71 voting � ` aye, Councilman Breider declared the moti�on carried. i _ � RECEIVING THE BIDS AND AWARDING CONTRACT FQR STORM SE41ER IMPROVEMENT PROJECT #113 . � ernS OPFtVED SEPTEt4BER 6. 1974 : - NAME Peter Lametti Const. Co. Northern Contracting Co. Barbarossa & Sons, Inc. Dawson Const., Inc. C. S. McCrossan, Inc. Nodland Associates, Inc. ICamar Inc. BASE BID . $ .195,677.75 196,117.55 202,332.70 223,O13.00 234,644.40 275,798.00 383,384.00 ALTERNATE BIO $ 197,671.15 798,311.55 197,730.70 . 228,013.00 229,644.40 270,798.00 403,384.00 MOTION�by Councilman Utter"to receive the aforementioned bids. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Councilman 8reider declared the motion carried unanimously. The Public Works Director advised the Council that the low bid was r.eceived by Peter Lametti in the base bid amount of $195,671.15 and with the addition of the lift station with an alternate bid of $197,671.15. He said he wouid reco�ranend that the alternate bid in the amount of $197,671.15 be approved by the Council. He explained that this lift station, the Smith and Loveless, is an additional $2,000, but he believed that the City would save money ' e longrun on maintenance. Councilman Breider.asked what th e esti te or the project from the Engineering Il�nartmc�nt ha�i hoan Tha Pi,hli� Wnrkc Director said $225,000.00 Ij- .... •� . . . . . . . . . . . TH� MINUTES OF THE BOA�OF APPEALS SUBCOMMITTE� MEETI'NC��„.•' AUGUST 27, 1974 The meeting was called to order by Chairman Drigans at 7:40 P.M. MEMBERS PRESENT: Drigans,.Crowder, Plemel M�MBERS ABSENT: Gabel� Wahlberg OTHERS PRESENT: Howard Mattson, Engineering Aide MOTION by Plemel, seconded by Crowder, to approve the minutes of the July 23, 1974 meeting as written. Upon a voice vote, there being no nays, the motion carried. 1. A REQUEST FOR VARIANCES OF: SECTION 214.053, 2, FRIDLEY SIGN ORDINANC.E, 'I'O II�CRL:ASE THL MI�xIbiUM SIZE OL' 11 FREE STAidllING SIGN ILJ A C-2S ZONiNG DISTRICT FROM 100 SQU�RE F�ET TO 200 SQDARF. FE�T, AND, TO INCREASE TFiE MAXI?�SUM HEIGHT OF A R2�EE STANDING SIGL� FROM 25 FET'T TO 40 FEET, TO ALLOW THE ERECTION OF A • FREE STAIQCING SIGN TO BF. LOCATED ON LOTa 9 AND 11, AUDiTOR`S SUBDIVISION #94, THE SAI1� BL',ING 5351 CEtJ1^RAL AVENUE N.E. � FR.IDLEY� MXD?NESOT�1. (R�GUES�J.' BY NiI:NARD`S CASHWAY LUMBER, 3221 MOOI3 AV�NiJE, EAU CLAZRE, ��ISCOY3SIN.) MOTIGN by Crowder, seconded by �l_emel, to waive reading the public hearing no}�ice. Upon a voice vote, there being no nays, th� motion carried. Mr. Frederick J. Lontz, American Sign Indicator Corporation, was pr�sent to present the request. Mr. Lontz stated he was representing Dienard`s Luraber Co. who is moving into the o1d Spartan store. � Chairman Drigans asked what the hardship is that they need this large of a siqn. Mr. Lontz stated that the sign is divided into two parts.; thc top part beinc7 96 square feet and spelling out °Dlenards" and the boL-tom part will have a message center on it. Mr. Lontz said the identification sign will be interior. lit and will have a dark background with light green letters. The sign:caill be double faced. He said the message center will be showing advert?sir.g nessagES. Chairman Drigans said that is where a problem comesin because the Code does not allow flashing signs or-message change signs that ehange quic}:ly except for signs like the on� that Twin City Federal has showing the time and temperature. Mr, Lontz asked if it U�ould be allawed if they incorpor.ated the time and .� _ te�nperature readinqs in with the advertising messages. Chaizman Drigans sa�d there is no need for one at this Iocation as Twin City Federal is just dokn t:ie street. Chairman Drigans stated that there have been quite a few accidents occur at this intersection so he �:as very concerned about adding a distractiny siyn to tl-ii� l.ocation. Mr. Lontz said his company just put one of these signs up in West 5t. Paul and they were also concerrLed with it being a traffic hazard. He sa�d their government asked his company to give them a list ef the customers who use �his type of sign so th�t tliey coulci wiite to the Chief of Police and Safety Council in each community to see if there are aiiy problems wi.th the traffic because of the siqns. I�2r. Lontz asked if this Board co�uld wani� to also do thi.s. Chairman Darigans answered that the letters could be preseiited to the Council if they were available at that i:ime. Mr. Crowder noted that the top portion of the sign co�l.d be Put up, as it is within the size requirement, witli just a vari.ance oiz i�he height as they are using the existinq poles. N,r. Lontz stated they scaled the poles as 36 feet high and are asking for another 4 feet for the sign. Mr. Crowder said there should b� n.o visi.bility problem at this location except from the south where there could be a problem because of the other signs� Mr. Lontz said the trees could create a problem in the future for visibility from the east. Chairman � � t.� �' The Minutes of the Boa� of A peals Sulicommittee Meeti��f August 27, 1974 Page 2 Drigans said he also could see no probl�n with visibilzty except from the south because of the other signs._ He said he could see no problem with the top portioi� of the sign. Mr. Crowder said that when the Ground Round Restaurant came in for a variance on their sign., it was an the size but not the height because of the land grade wnere their sign is located.: He added that the Ground Round sign-could be 40 feet high from the centerline of Central Avenue. Howard Mattson said the height of a sign is determined by how many feet above the centerline of the street it is, Mr, Lontz asked if in this case that meant Central Avenue or the freeway. Mr. Crowder stated that this part of the Code is a grey area in that it is not c].early defined. ' Chairman Drigans asked if any s.i.gns will be posted on the building. Mr, F�ontz said he thought there would be an identification sign on the building but his company has nothing to do with that s�gn. Mr. Crowder said for a wa�l sign they are allowed 15 percent of the ozall area for sigr� area and since it is a large bizilding, there should be.no variance rieeded on it, but he added i�he Board tries to tie alI the sign5 together. Chairman Drigans said the big problem that is remaining is the flashing or changing message center. He said the public hearing notice did not mention a variance for ereeting the messaqe center so thz Board cannot act on this reques�. Mr. Mattson asked how long a message would be on the ordinary. P�r. Lontz said on� or_ two words would appear at a time and the line could ilash 8 times. Mr. Lontz stated that he brought a film along that explains the message center and he Hlould like to show it to tl�e Board. The fiZm was shown to the Board. Mr, Lontz then explained Menard's are proposing to use the Mark 120 model where the message does not repeat (fast flash) or travel. 7'he time between the line change can be set anywhere from l to 15 seconds. He added the one line message center can be programed for 8 different messages that will keep repeating throughout the day. He said in order te change the progra.��n, _ the sign would have to be shut off and it could take from 30 seconds to l mznute to cl�an,�e the program. Ae added the unit has a lifetime gua?-antee �ahich incluc��s maintenance. CLairman Drigaris asked if the unit inside the store could be upgraded to a different model to include the repeat and traveling :nessage without changi7ig the outside sign. Mr. Lontz said this could be done. Chairman Drigans said the traific problem that he can see is that there is a residential street in this area, by Robc�rt Hall, and he was sur� these peopla egressing from this street would be trying to read this sign. I�lso the peop.le qoing into Target and the people on the service drive (coming sauth) tF�ould be trying to read it and he felt this tirould create traffic hazards. He'added the service road is rxot a straight road buL- has an "S" curve to it. Chairman° Drigans`'Yead which state; 214.037. General Section'�'14.037 and Section 214.038 of the Sign Ordinance Requireme�its 1. No sign shall contain any indecent or offensive pictu.re c�r wri�ten mattex. 2. No sign other tYian governmental signs sha.11 be erected or temporar.:.ly placed within any street or_public right of way or upori any public easement. 7T �, a The Minutes of the Bo� of Appeals Subcommittee Meeti��f �uc�ust 27, 1974 Paqe 3 3. A permit for a sign to be located within 50 feet of any street or highway regulat•ory or warning sign, ot any trafiic sign or signal, or af any crossroad or crosswalk, will be issued only if: �� a. The sign will not interfere with the ability of drivers and pedestrians to see any street or highway sign, or ariy traffic sign or signal, or any crossroad or crosswalk; and; b. The sign will not distract drivers nor�o�fer any confusion to any street or highway, sign, or any traffic sign or signaL 4. The issuance of a permit may also be subject to conditions in order to promote a more reasonable combination of signs and �o promote conformity wi�h the character and uses of adjoining property. The conditions will be subject to the discretion of the Building Inspection Department. 214.038 Illuminated Signs No illuminated siqn which changes in either color or intensity of light shall be permitted except one giving public service information such as time, date, tem��erature, weather, or similar information. The City Building Inspector in granting permits for illuminated signs shall sp�cify the hours during which the same may be kept'lighted when necessary to prevent the creation of a nuisance, There shall be no use of revolving beacans, zip flashers, or similar devices which cause any of the sources of light to chanqe in intensity, unless as noted above. Chairman Drigans added that this sign wou-ld have a change in light intensity, near a very heavily traveled intersection, and he felt the distractian would be i:here in that the people would be looking at the sign wondering what message would be next. After scaling the dimensions on the plot plan, it was determined that the sign would be 140 feet from the street right of e�ay. Chairman Drigans added that the distance from the signals is within the Code. Mr. Nattson stated that another problem would be created by allowing this sign and that would be that you allow one and then other stores will want the same thing. Chaiz-man Drigans said that Fridley has no major shopping centers but has a number of smaller centerso He said this would be opening the doors for the - oi�hex centers. I�e said he could see Target coming in to ask f.or a sign and saying why can't we h�ve one when there is one across the street. Mr. Lontz stai�ed they have these signs in the metropolitan area and as far_ as trey kno��:, the signs have llOti caused any problems. He added that the small shopping centers would not be running out to get these signs because they cost $45,000.. l�1r. Crowder stai�ed he felt it would be difficult if not tatall.y impossible to show a hardshi.p ror this type of sign. Mr. Lontz said �hat the Code allows a public service nlessage. He added �+�ho is to say whether it is a public service message or not. He asked if the public could save money by buying the advertised specials, isn't thai a public service messaqe. Mr. I.on'�z said on•the lead sale items, when adrertised in the paper, etc., by the time people get to the store, many times the item is sold oui:. He said with this sign, the lead sale items �uld be .adv,��.:i��d on the sign only, and then when they are sold out, the message could be changed. Mr. Lontz said that as far as this sign creating traffic hazards; just opening the store will be addinq traffic to the interseci:ion and possibly tliere will be more accidents. Iie said it is very hard to determine if a sign causes 7U . �-� �. The Minutes of the IIo�'of A eals Subcommittee Meeti of August 27, 1974 Pac�e 4 ~�„. accidents. Chairman Drigans asked if it wasn't the intent of the sign to draw the peoples attention to it while they are driving and be an eye catcher. Mr. I.or�t�-answered that it was. Mr. Lontz added the time and temperature sign has _ the same effect. Chairman Drigans agreed that it did but added that the people Ynow it doesn't change after they have read it once. Mr. Loni�z said this is not an.unpleasant sign. Chairman Drigans agreed that it is a well constructed sign with a nice appearance. Mr. Lontz asked if the Board would go along with the let�ers from the municipalities that have the signs, if the letters were to say that the sign was not a hazard. Chairman Drigans explained the Code states tha� the City feels the sign would be a hazard and therefore has prohibited these signs. He added there must be a general fee?ing tha� it does cause a distraction for a driver. Chairman Drigans asked Mr. Mattson if this sign had been discussed by the safety heads of the City and what their feelings were on this sign. Mr.•Mattson said he had only talked to r1r. Clark about it and his opinion was that it was in obvious con�lict with tlie Code. ' Chairman Drigans informed i:he Board that the variance for sign area wouZd include the message center. He said if the Board denied the sign area variance, it wou]_d au�omatically deny the message center, He inforined tir. Lontz that the reques� for the sign area could be withdrawn until the letters are obtained and corrected public hearing notices mai3ed out. .He said tnat if the Board den�.es the r�quest, and the Council agrees, the same request cannot come back to the Board for 6 raonths� Iie added that the Board coulc3 act on the two variances and mal:e a recor.tmendation o�z the message center so tize Council would know how th� Board feels, and depending on the opinion of the City Attorney, the Council could act on ail three variances� ' Mr. Lontz said he would li;.e the Board to act on the variances so that it could go before the Cvuncil. NOTIOTd by Czowder, seconde� by Plemel, to close the public hearing. Upon a voice voi-.e, there heing no nays, the motion carried. Mr. Plemel statec? he felt this request was going comple�ely against the Code. He saic� he ceri-.ainly is glad that the building is going to be occupied but the sign is going ovErboard on variances. MOTT_ON by Crowder, seconded by Plemel, to recommend to the City Council; denial of the ��ariance to incr�ase the sign area from 100 square feet to 2Q0 square feet, solcly on the fact that the size is based on the addition of a message center,that was not included in the public hearing, and, approval of the variance to increase L-1-ie sign heiglit from 25 feet to 40 feet, Chai.nnan Drigans said his feeling is that the Board has to look at the sa£ety factor. iie sai_d tliere ar� a lot of signs in this area and that merely an identification or location sign would serve the purpose. A VOT� UPON TI-I� t�iOTION, all voting aye, the motion carried. � � -�,ss�'�' -' �; � � The Minutes_ of the Bo of Appeals Subc�mmittee Meeti.� of August 27, 1974 ' Page 5 � - --- �.. Mr. Crowder said his recommendation to the City Council is that should the public � hearing have included�a variance for i:he flashing message center, it would have been his recommendation, because there is no basis for a hardship, to deny the request. Mr. Plemel agreed. Chairman Drigans stated the Board is unani.mous in the feeling that the message center would have been looked upon quite unfavorably'at fhis location. ADJOURNP-3ENT: The meeting was adjourned at 9:Z5 P.M. by Chaii-man Drigans. Respectfully submitted, � � C�;2: { a MARY HINTZ�� Secretary _r . . . . ...$� , �rt%. . . � � . �: _ �r.. _ CITY OF FRIDLEY ,�� a._ . _ -...a, _ .. � � . �4..� APPEAI,S COMMI88ION MEETING, FEBRIIARY 2� 1993 . ................. «.,......................................,. _.........................,...........,.................................................... ......... «.,................ CALL TO ORDER• Chairperson Savage called the February 2, 1993, Appeals Commission meeting to arder at 8:00 p.m. ROLL CALL' Members Present: Members Absent: Others Present: Diane Savage, Kenneth Vos, Carol Beaulieu, Cathy Smith � Larry Kuechle Michele McPherson, Planning Assistant Scott Eggerer, Jones Sign Company, Inc. APPROVAL OF JANUARY i2 1993 APPEALS COMMISSION MINUTES: MOTION by Ms. Smith, seconded by Ms. Beaulieu, to approve the February 2, 1993, Appeals Commission minutes as written. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGB DECLARED THE MOTION CARRIED IINANIMOIISLY. 1. 0 Per Section 214.21.03.0 of the Fridley Sign Code, to a1Zow a variance granted prior to November 21, 1977, to remain in effect when the face of the s�gn is replaced or remodeled, to allow the remodeling of the existing sign, on Lots 9 and 11, Auditor's Subdivision No. 94, the same being 5351 Cer�tral Avenue N.E., Fridley, Minnesota, 55432. MOTION by Ms. Beaulieu, seconded by Dr. Vos, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 8:01 P.M. Ms. McPherson stated this property is located in the northeast quadrant of the intersection of 53rd and Central Avenues. I-694 is directly to the north. The property is zoned C-3, General Shopping Center District. The property to the sout�. is al�� zoned.� ,�:.�,,, C-3 ; and the property to the east is zoned R-3 , Multiple Family � Dwelling, and R-1, Single Family Dwelling. 7 X '� � �IPP$ALS COMMISSION MESTING, FEBRIIARY 2. 1993 PAGL 2 Ms. McPherson stated the variance request is to allow. the continuation of a variance which was granted prior to 1977 which would allow similar square footage to exist after a sign has been replaced or remodeled. The existing sign is comprised of a 158.25 square foot Menards identification sign and a 57 square foot message center. The proposed sign would replace the existing identification sign with a more modern sign which is also sli.ghtly smaller at 132 square feet in area. Ms. McPherson stated that in 1974, Menards applied for a variance to the Sign code to increase the size of a free-standing sign from 100 square feet to 200 square feet and to increase the maximum height of a free-standing sign from 25 feet to 40 feet. At that time, the Appeals Commission recommended denial of the increase in square footage but recommended approval of the variance to increase the overall height of the sign. The City Council reviewed the request and approved a variance to increase the maximum s.ize of the sign from 100 square feet to 147 square feet. This 147 square feet was to include the message center portion of the sign. Ms. McPherson stated that later in 1974, the Council re-reviewed the variance request and approved an increase of the overall size of the sign to 180 square feet. There is no expl.anation in the file that indicates why there is a discrepancy between what was approved by the Council and the size of the existing sign. Ms. McPherson stated that in reviewing sign variances, there are four provisions in the Sign Code, Chapter 214, which must be pr�ved by the petitioner prior to the Appeals Commission and City Council approving a sign variance. These conditions are as follows: A. That there are exceptional or extraordinary circumstances applicable to the property or to the intended use that do not apply generally to other property in the same vicinity and district. Ms. McPherson stated the property itself is highly visible from I-694, and Menards has chosen to utilize the maximum amount of wall signage permitted by code to identify its facility. Other properties in the general area have attempted to reduce the amount of signage. The Embers Restaurant directly across Highway 65 from Menards reduced its size sign from in excess of 300 square feet to 120 square feet through a variance approved by the Council. B. That the variance is necessary for the preservation and _ .�x,�< �� -en�oyment of a substantial property right possesse,d by�� other property in the same vicinity and district, b�tt which is denied the property in question. 7Y APPEALS COMMISSION MEETING, FLBRDARY-2, 199�`�" "' PAG$ 3 Ms. McPherson stated that denial of the variance request would not eliminate signage on the property. It would, however, eliminate an upgrade to the existing sign to a more modern sign. C. That the strict application of the Chapter would constitute an unnecessary hardship. Ms. McPherson stated the strict application of the Chapter does not eliminate an opportunity for signage. The petitioner has adequate signage on the building identifying it as Menards. In addition, the petitioner has an opportunity at this time, if not to be totally in compliance with the current Code, to at least substantially reduce the existing signage on the site. � D. That the granting of the variance would not be materially detrimental to the public health, safety, or general welfare, or detrimental to the groperty in the vicinity or district in which the property is located. Ms. McPherson stated the granting of this variance would continue to allow th� nonconforming sign to remain nonconform- ing. The size of the exisiing sign is quite substantial in comparison to signs on adjacent properties. The petitioner ._� does have an opportunity at this time to at least attempt to bring the sign into conformance with the current code. Ms. McPherson stated that staff recommends tl�at the Appeals Commission recommend denial of the variance as the petitioner has not met the four conditions outlined in the Sign Code and that the petitioner is not making an attempt to reduce the size of the sign substantially. : " - Mr. Scott Eggerer stated he is the local representative for Jones Sign Company. Jones Sign Company installs all the Menards signs in the midwest. He stated that he cannot explain the discrepancy between the existing sign and the variance that was granted by the City as Jones Sign Company was not the installer at that time. Mr. Eggerer stated the real purpose for the variance request for the continuation of the variance is to change the identification or logo so it is consistent with aIl other Menards stores in the area. The logo on the existing sign, Menards Cashway Lumber, was a logo used back in the 1970's and is very out of date. The purpose is to eliminate the older image and replace it with a modern "Menards�' sign. In this effort, they are willir►g to reduce the overall height of the s�gn by <t.l�ree. fee�-�,�a�to reduce the size of the identification sign by a little over 25 square feet. They realize that does not conform to the existing variance of 180 square feet. If they had to reduce the sign to 180_ square feet, the identification sign would be no larger than 23 square feet; or 7 Z � �'APPEALS COMMISSION MEETING. FEBRIIARY 2, 1993 --``` - PAGE 4 they would have to consider removing the message center completel.y and putting all the 180 square feet into the identification sign. He did not believe Menards wants to lose the message center.' Mr. Eggerer stated that the Embers sign is 120 square feet, and that sign does not conform with the existing Sign Code. Menards is much larger.in size. It is his understanding that the existing sign can remain unless it is damaged and needs to be removed. 'Menards' option is to leave the existing sign as it is; but they want the sign to look better and they are willing to reduce the size and height of the sign at the same time. Ms. Smith stated that if the variance is denied, what will Menards do? Mr. Eggerer stated he did not know. He would have to relay that question to the home office. Ms. Smith asked what is Menards finding as far as square footage in other communities. Mr. Eggerer stated that the size of the new Menards sign in Golden Valley is much larger and higher than the one proposed for Fridley. However, that is an exception because of the limited visibility because of highway construction. That sign is over 50 feet in height. Ms. Beaulieu stated the petitioner is saying that the new proposed sign is smaller than the existing sign; however, the proposed sign (with the 57 square foot message center) is 189 square feet in area which is still more than the variance granted in 1974 by the Council for 180 square feet. So, the petitioner is really asking _ for more than a continuance of the existing variance; they are really asking for another variance. Ms. McPherson stated that if the City wanted to take a strict interpretation of the Code, then the answer is yes, because the total square footage granted in 1974 according to the City Council minutes was 180 square feet and the 180 square feet was to include the message center portion of the sign. Mr. Eggerer stated that he believed the Kelly Inn sign in the Skywood Mall seems much higher and larger than the proposed Menards' sign. He would like to know the dimensions of that sign. Ms. McPherson stated the Kelly Inn sign was granted a variance for height. It is higher than 25 feet, but the sign area does comply �� -°�� • wifih the 80 square foot code requirement. She stated she could ge�' �•�� ; the height information for the petitioner. MOTION by Ms. Smith, seconded by Ms. Beaulieu, to close the public hearing. 7AA -- APPEALS COMMISSION MESTING, FEBR�IIARY-2. 1993 PAGS 5 �-- IIPON A VOICE VOTE, ALL VOTING AYS, CHAIRPERSON BAVAGE DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING CLOSED AT 8:23 P.M. Ms.-Smith stated that she is usually inclined to sympathize with the business owner regarding signage. Unfortunately, in this case, she is inclined to believe that everyone knows where the Menards store is. It is very visible to the public, and there does not seem to be a problem with identification: Menards wants a new sign to change its image, but the present sign is stili in good shape and they can maintain the existing square footage if they keep that sign. She stated she would recommend denial of the variance. Ms. Savage agreed. She stated that unless they want to throw away the Sign Code, the City is-going to have to pay strict attention to it. They cannot take into consideration that one business is bigger than another and, therefore, the bigger business should have a bigger sign. In her travels around the metropolitan area, she has noticed that a lot of the Menards stores are in more rural-type areas because of the lumber yard part of the business, and code requirements are probably a iittle different for the more rural areas than in the city. She agreed that Menards is highly visible, and the business has plenty of signage now. Ms. Savage stated that the standards set for signs in the City have changed a lot since 1977. There was a lot less concern about visual pollution then than there is now. � As pointed out in the staff report, none of the four conditions set forth in Section 214.21.02 of the Sign Code has been met by the petitioner. She believed that granting this variance would send the wrong message to other business owners who would have every right to also want larger signs. Other businesses in the City have worked with the City and have made an attempt to reduce the size of their signs. - She stated she has no alternative but to recommend denial of this variance request. � Ms. Beaulieu stated she also agreed with Ms. Smith and Ms. Savacje. The petitioner has not met any of the four conditions in the Sign Code. If the Code requires 80 square feet, 189 square feet or even 180 square feet is just too far out of range. She, too, would recommend denial of the variance. Dr. Vos state that the square footage with the reader board and the identification sign is just too much. If the reader board came off and the identification was reduced closer to 80 square feet, he would be more supportive; but as the variance request exists, he would recommend denial of the variance. MOTION by Ms. Smith, seconded by Ms. Beaulieu, to recommend to City Council denial of variance request, VAR #92-28, by Jones Sign Company, Inc.; for Menards, per Section 214.21.03.0 of the Fridley Sign Code, to allow a variance granted prior to November 21, 1977, . � APPEALS COMMISSION MEETING. FEBRIIARYy:� 1993 PAGE 6 to remain in effect when the face of the sign is replaced or remod�led, to allow the remodeling of the existing sign, on Lots 9 and 11, Auditor's Subdivision No. 94, the sanie being 5351 Central Avenue N.E. IIPON A VOICE VOTB� ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THi; MOTION CARRIED IINANIMOIISLY. Ms. McPherson stated this item will go to.City Council on February 22; 1993. ADJOURNMENT• MOTION by Dr. Vos, seconded by Ms. Beaulieu, to adjourn the meeting. Upon a voice vote, all voting-aye, Chairperson Savage declared the motion carried and the February 2, 1993, Appeals Commission meeting adjourned at 8:30 p.m. Res ectfully s mitted, �� Ly e Saba Recording Secretary �� Q � Community Development Department PLA►NNING DIVISION City of Fridley DATE: February 19, 1993 (A'�. TO: William Burns, City Manager�, FROM: SUBJECT: Barbara Dacy, Community Development Director 1993 HOME Program Anoka County has access to approximately $310,000 of 1993 HOME funds. About $210, 000 is available to Anoka County cotnmunities for eligible projects. The attached application requests $70,000 of HOME Funds for a single family rehabilitation program similar to the program available through the Community Development Block Grant funds. Anoka County advised us that the older communities, Columbia Heights, Fridley, and Anoka, have all recently identified single family rehabilitation programs as a priority in their housing programs. Anoka County suggested that the cities work together to submit an application for HOME funds. I have conferred with the Community Development Directors at Anoka and Columbia Heights and we all agreed that each of us would request $70,000. The HOME program requires a local match of 20� of the HOME allocation. This means that the City or the HRA would he responsible for up to $3.4,000. Anoka County is suggesting that the HOME funds be coupled with an MHFA fix-up program and submit the MHFA loan amount as the local match. Anoka County seems to believe that the federal government will accept this approach. The federal government is clear, however, that CDBG funds cannot be used as the local match for a home rehabilitation project. At the joint HRA and City Council meeting on January 9, 1993, $50,000 of the proposed HRA housing budget was not allocated to a specific program. Staff recommends that $14,000 be reserved to serve as the HOME match. If we are able to use MHFA funds as a match, it is likely that the HRA may not incur these expenses. Unfortunately, the Department of Housing & Urban Development does not give communities_. a substantial amount of time to complete these applications. The County has asked communities to submit the attached application by February 26, 1993. We have not been able to review this matter with the Housing & Redevelopment Authority formally, but we are doing so an an informal basis. Anoka County 1993 HOME Program - February'19, 1993 Page 2 suggested that the program requirements of the Community Development Block Grant fund be used as a guide to allocating the HOME monies. This would ease administration and the program would be consistent across the communities. Each community, however, could stipulate where and how the funds could be distributed. Anoka County advises that it is best to target specific areas in the community. The application indicates that the City is in the process of identifying potential target areas. The City Council and HRA will be reviewing potential target areas and pre-screening processes in the very near future. Recommendation Staff recommends that the City Council authorize staff to submit the 1993 HOME program application as attached. BD/dn M-93-75 . � C'� 7. A. The By-Laws of the Fridley Housing & Redevelopment Authority are attached. . B. The Housing Coordinator, job description attached, will be responsible for administering the program; however, the�City may elect to have the ANoka County Community Action Program administer the program depending on other work assignments. A. Project sources: HOME $70,000 HRA match $14,000 $84,000 Project uses: Up to seven deferred grants for single family rehabilitation at $10,000 each. More houses may be eligible depending on the amount of improvements necessary. B . N/A C. N/A 9. In 1991, the City of Fridley conducted a citiz�n survey. One of the questions asked if the Fridley HRA should do more to provide low interest loans and grants for housing rehabilitation. Of the 1,006 respondents, 49.6� agreed and strongly agreed with a rehabilitation program (survey question attached). . � iii>i3i3i�ii3:#ii TO BE SUBMITTEO BY APPLICANT � HOME Program Project Application Program Year: 1993 1. Proiect Summa�. Briefiy describe your proposed project. Details wiil be explained eisewhere in this . appiication. � HOME funds are requested for implementation of a single family rehabilitation project similar in format to the Community Development Block Grant housing rehabilitation program. Using CDBG program requirements as a guide, rehabilitation deferred grants will be provided to income qualifying house- holds. 2. Proiect Location. Give legai description and street address. Attach a map with the location cieariy noted. The City is now in the process of determining potential target areas. Target areas,will comply with income guidelines as established by the HOME rules. 3. Ciienteie. Total number of Persons or Households Senred: x � Single Individuals X Small Family - 4 or less x Large Family - 5 or more Please describe any special characte�istics of clientele (i.e., persons with mental illness, persons with mental disabilities, persons with physical disabilities, etc.). All households with qualif�ciug:,incomes will be eligible. HOME-1 1/30/91 8 � �:i:i:i:r:i:i:i:i::b. �v,::u.:,..> ... .......::.i2T2i::`f2t24;3�4i�i,4i3.i7i2i:iitii:i.. i � � , �> 4. Prope�tv Characteristics. �' Totai number of units with bed�oom size: _ Single Room or Efficiency � - _26R �48R ^ 3 BR _ Other: Give Oesc�iption Housing Type: Single family, dupiex, fou�plex, etc. sin�ie family Total �umber of buildings _About seven units assuminQ $10,000 loan/household � P�oximity to: Public transportation Shopping Necessary public senrices � 5. Site Control. Summarize here and attach any evidence of ownership or commitment to purchase. Acquisition of property is not necessary. 6. Project Spansorship. AttaCh: See attached a. Description and articles of incorporation of sponsoring agency. b. Resumes of individuals who will be directly responsible ior the development and operation of this housing. 7. Financial Data. See attached a. Project Sources and Uses: Submit a detailed statement of anticipated project development costs and sources of funding. Specify the types and amounts of costs intended to be covered by each outside source and the form of assistance requested from HOME. b. �Funding commitments: Attach letters of commitment for any development or operational funding from sources other than HOME. c. Operations Statement: Complete the attached statement for each rental property. 8. Lon4-Term Affordabilitv. Explain how you will ensure that these units will remain af(o�dable to lowe� income persons fo� necessa .ry period (see attached regulations; for tequirementsj.- By providing deferred grants, the homeowner is encouraged to live in the property as long as possible. The rehabilitaCion grant is completely deferred after ten years. � D HOME-1 1 /30/91 / 9. Community Suppo�t. Attach any documentation of local community support for the p�oject. '` 10. ,; imaact on or from Other Proqrams Expiain how this project �elates to any other services or programs. The City is also using its Community Development Block Grant fund' allocation for a single family rehabilitation program. The HOME funds would supplement this effort. _ 11. Accessibilitv to Persons with Physical Handicaps Explain provisions for physical accessibility for employees and ciients, both currently and prospectively. Please be speci�c as to various possible disabilities. Municipal Center offices are fully accessible to persons with physical handicaps. These persons will also be eligible to apply if other program requirements are met. . 12. Contact Person: Name Barbara Dacy Address 6431 University Avenue N.E. Fridley, MN 55432 Telephone (612) 571-3450 13. SiAnature of Aae�cv Executive Signaiure Name Typed Title � HOME-1 1 J30/91 Rating Factors - -� t. Sponsor's successfui experience with iow incorrre-��ousing development and/or operations. 2. Meeting identified need pursuant to County's approved housing strategy. 3. Supporting or supported by other prog�ams (for instance, job training or .educational activities) where one will impact the success of the other. 4. Development cost per unit and per ciient served. 5. Financial support from othe� than HOME funds. 6. Site control. 7. Community support for the project. 8. Effect on the physical environment of the neighborhood. 9. Accessibility to public transportation, shopping and public services. 10. Degree of accessibility by those with physical handicaps. 11. Project feasibility, especialfy with regard to project readiness. NOME-1 8 � 1 /30/91 FRIDLEY HOUSING AND REDEVELOPMENT AUTHORITY , FRIDLEY, MINNESOTA � ARTICLE I: THE AUTHORITY Section 1: Name of the Authorit - he name of the Authority shall be Fridley Hou�ing . • and Redevelopment Authority, Fridley, Minnesota. Section 2: Powers �� The Authority shall be a public body corporate and � politic and shall have all the powers necessary or convenient to carry out the purpose of Minnesota Statutes 462.415 to 462.711. • Section 3: Membership The Authority shall consist of five commissioners, who shall be residents of the City of Fridley. Section 4 : Appointment, Approval ' The Commissioners of the Authority shall be appointed by the Mayor with approval by the City Council of Fridley�, Minnesota. Section 5 • Term � The Commissioners shall be initially appointed for terms of one, two, three, four and five years respectively. 7hereafter all comnissioners shall be appointed for five-year terms. Section 6: Vacanc Each vacancy in an unexpired term shall be filled in the same manner in whicfi the original appointment was made. � Section 7: Certificate of A ointment Commissioners shal hold office until their successors have been appointed and qualified. A certificate of - - appointment of each commissioner shall be filed with the City clerk and a certified copy thereof witfi the State housing commission. Section 8: Compensation Corrnnissioners shall be entitled to receive necessary expenses, including traveling expences, in the per- formance of their duties. Commissioners may be cam- pensated at a rate up to $25.00 per meeting in an aggregate amount not to exceed $1500.00 per year. ARTICLE II: OFFICERS _ Secti6n 1: Officers — = The officers of the Authoritv shall.a be a Chairmas� and, a Vice Chairman. � Section 2: Chairman � The Chairman shall preside at all meetings of the Authority at which he is present. -'8G 6 1. � �;, Section 3: Yice Chairnian Secretar The Yice Chairman shall perform the duties of the Chairn�an in his absence or incapacity, and/or because of resignation or death of the Chairman, until a new Chairnian is elected. = :. K' a Section 4: Terms of Officers � = All officers o the Authority shall be elected;:. a annually by the Authority and shall serve for the '� term of one year or until their successors are : elected and qualified. Section 5: Yacancies Should an office become vacant, the Authority shall elect a successor from its membership at a regular meeting, and s��ch election shall be for the unexpired term of said office. ARTICLE III: STAFF SERVICES " Section 1: Executive Director An Executive Director shall be appointed by the Authority, at such compensation, for such term and with such duties as the Authority shall determine by resolution. The Executive Director sMall perform, or have performed, such activities as the Authority shall from time to time, reasonably request, including the responsibility for the care and custody of all funds of the Authority and for the deposit thereof in the name of the Authority in such bank or banks as the Authority from time to time shall designate; for the keeping of regular books of accounts showing receipts and expenditures; fqr budget and budgeting actiVities, for keeping the records of the Ruthority � the keep- ing of the seal of.the Authority and to accept the service- pf process upon the Authority. Section 2: Additional Personnel The Authority may from time to time use such personnel and use the services of local puplic bodies as it deems necessary to exercise its powers, duties and functions as prescribed by law. ARTICLE IV: EXECUTION OF INSTRUMENTS Sectson 1: Execution of Investments All deeds, contracts, promissory notes, warrants and other instruments including checks issued by the Authority : shall be executed by the Executive Oirector only after authorization of such transactions by the Authority by resolution or other approved action. -2- 8H . �, ; � � 0 s ARTICLE V: MEETINGS Section 1: ReQUlar Meetings Regular meetings of the Authority shall be set by the Authority annually and shall``remain for that period of time unless changed by majority vote of the Authority at a regular scheduled meeting. ; -� . ' t- Section 2: Special Meetings Special meetings of the Authority may be held at any � time on at least a 24-hour written call of the Chair- man, or any two members of the Authority. Not��e shall be in writing, and state the time, place, and purpose of the meeting. Upon unanimous consent of all members, any of the provisions of this section may be waived. Section 3: Annual Meetir.g An annual meeting will be held the second Thursday of June at 7:30 p.m. for the purpose of electing officers of the Authority. The date of the annual meeting may be postponed to a date on or before the second Thursday of July upon a majority vote of the Comnissioners in office at any time take, at a regular meeting of the Authority. Section 4: uorum The powers of the Authority sfiall be vested in tfie corr�nissioners thereof in office at any one time; a majority of whom shall constitute a quorum for all purposes, but lessor number may adjourn a meeting from time to time until a quorum is obtained. Section 5: Manner of Voting The Chairman and all commissioners in attendance at every meeting of the Authority shall be entitled to vote. All motions and resolutions shall require an affirmative vote of a majority of the members of the Authority. A roll call on any question coming before the Authority must be taken up the demand of any one or more of the comnissioners. Section 6: Parliamentary Procedures Parliamentary Procedures at meetings of the Authority shall be governed by the last edition of Robert's Rules of Order. ARTICLE VI: FISCAL YEAR Sect---T 1� � �k , Section 2- d � �.. Fiscai Year The fiscal year of the Authority shall be from January 1` to December 31 of each year. Rnnual Report The Executive Oirector shall prepare an annual report to the Authority of Authority activities on or before the last day of February for the proceeding fiscal year. -3- 8� . �� :` L� Section 3: ARTICLE VII: Budget The Executive Director sha11 prepare an annual budget � for Authority approval prior to December 31 for the next fiscaT year. This budget shall layout antici�ated revenue and expenditures of the Authority for�the next fiscal year. � .. AMENDMFNTS Section 1: Amendmenfis The By-Laws of the Authority shall be amended only with the approval of at least a majority of the com- missioners in office at that time. =i s. � -4- Cha i rman V�ce Chairman � 0 ry ri. �i �—:..,... . . ., ._,� . . . :. . . . . . . . . .. .... , � CITI'OF FRiDLEY � � � � �C�(�C POSITION TITLE� REPORTS TO: POSiTION OBJECTIVE: . ._ . , .:, ,., .:. . .. .:. .. ..... .. .: :.:. ,, . . � ERSO NEL �I'�VISI N MANAGER� { , ; D�P P.�OO ]F:� HRA Housing Coordinator Director of Community Development To implement the housing programs of the Fridley Housing and Redevelopment Authority (HRA) . ESSENTIAL JOB FIINCTIONS: 1. Administers the Fridley HRA Housing 12ehabilitation program: � a. Prepares procedural manual(sj on �loan and inspection processes and requirements. � b. Prepares marketing information including press releases, correspondence, articles, and other items. c. Interviews, solicits, and negotiates contracts with program inspectors. d. Reviews rehabilitation application documents prior to distributing to banks or to the Anoka.County Community Action Program. e. Coordinates financial issues with the Finance Department. f. Prepares on-going reports for the Housing and Redevelopment Authority. 2. Oversees and administers the rental inspectio�n program. a. Interviews, solicits, and negotiates contracts with rental inspectors. b. Oversees implementation of HTE software system. c. Reviews Chapter 220 of the Fridley City Code regarding rental inspections and recommends revisions and other code improvements. d. Supervises contract inspectors and implements a quality control program where necessary. K 34. Administers scattered-site acquisition program. a. Reviews proposed sites with the HRA. � b. Negotiates with property owners. AFFIRMATIVE ACTION/EG�U��ilPPORTUNiTY EMPLOYER �_,... . Page 2 � c. Arranges for demolition, reconstruction, or rehabilitation of the structure. d. Arranges for closing documents and real estate transactions. 4. Prepares grant applications to state and federal agencies. a. Keeps current with state and federal housing programs. b. Prepares grant applications to state and federal agencies. c. Meets with state and federal staff when necessary. d. Establishes and maintains working relationships with housing providers, including Anoka County, non-profit housing providers, and other governmental agencies. 5. Assists the Director of Community Development. and the Executive Director of the HRA on redevelopment projects which involve housing. 6. Administers housing program budget. 7. Advises HRA on other housing programs and policies which further the goals as identified by the HRA. 8. Establishes evaluation mechanisms of housing programs and monitors housing program�impact. , 9. Supervises all contract inspectors and the rental inspection clerical staff. � � 10. Attends HRA meetings as necessary. OTHER JOB FIINCTIONS 1. Establishes and maintains ongoing work files. 2. Other duties as assigned. MINIMUM QUALIFICATIONS 1. Bachelor's degree in Planning, Urban and Regional Affairs, Municipal Administration, Housing, Finance or a related field. 2. A minimum of three gears experience in a housing and redevelopment authority; a local unit of government working directly with local, state, and federal housing programs; a p'rivate residential development company; or a financial institution working directly with housing programs. � 0 Page 3 � DESIRED UALIFICATZONS - 1. Working knowledge of local, state, and federal building and housing codes and programs. 2. Familiar with building materials and the components of residential structures. . 3. Familiar with cost estimating and specification writing. 4. Famiiiar with property acquisition and real estate procedures. 5. Oral and written communication skills. 6. Negotiation and mediation skills. 7. Familiar with tax increment financing. 8. Able to work independently. 9. Knowledge of eontracts and contract negotiations. 10. Familiar with grant application techniques and procedures. 11. Familiar with computer software and hardware. COMPENSATION AND BENEFITS: Seginning salary from $35,725 per year depending on qualifications. Benefits include insurance paid for employee by employer (life, health,-.workers'. compensation and .unemployment compensation); eighteen (18) days of annual leave per year, eleven (11j holidays per year; and employer's share of payments to Social Security and Public Employees Retirement Association. APPLICATION PROCEDORE: Submit application letter and resume along with City of Fridley�s application form. For application materials contact the City of Fridley, 6431 University Avenue N.E., Fridley, NIN 55432 (612) 572- 3504. Applications must be received or postmarked no later than Monday, March l, 1993. January 1993 Women and minorities are encouraged to apply The Fridley Housing and Redevelopment Authority and the City of Fridley will not��disc�iminate against or harass any empiQye�,or applicant for employment because of race, color, creed, religic�n, national origin, sex, disability, age, marital status, or status with regard to public assistance. ; I ti � � � Z 4 .0 4 H d � O Y av O- L M � Ci C E � � � � � M � L .G � � 1. d M L 1� O C �C M N7 O < O t � C � � � w � O N ✓ CI C � � d L a °° OC �C �C O m C C � m � � S 61 L � d T C U i � d t H . x x ac x ac x o� � � � � � O N M M �f M �t N M1 �t �O �f1 i � N � O �Y � � �f � N � � � 7 � u. � O � N N � N � � W � � '_ � p � aC � i O � W � �t �t �t x x it M � S� W pp� � N O Y1 M � CO N f� f0 M�f !� � � N � OC S � �t O ��O A� N M � P � M N � � � � Z � O �t N r � ►- OC � � � S � p � i w i � �p i! x M � P M M Cx0 N P � i~D i :' � : M� �� !� ��p � P � f� N i Z j j., i � O P � M N � O � � � � H � � i d � w � N b IA A O O� N� � f� �� m� i � �� O �O M �t �O f� N i � � � O � M � N i � � � i � � . i � � W � Y� O � M 4 N M �O O N M N Mxf N O i � N � � . . i � � � O O � O M M N � i � � � O - N �t � � i � W i pC � x x x � N i 2 � OC � M O� � 1� .- f� �! CO � f� �O N I� O� N � W • i oC � S � O� t� !� O 1� �O N W H � O M �t i � , O � � � i t7 � � O O O O 1� Wx W M iA � O � N� I .._.. � 2 � P O � t� � M N A � � � i J � W � O �f1 N � i J � OC � � � � .p �� i � ��pp O v� � P Cx0 � f� O d� � � � a7 � � � � CO O � P �� M CO ~�O N►� N . t O M N � � �- � � � � W � O O N O N O �! O � O � O �T O � �� O O O O O� O N � � t� � O �� N N V � W � � � OC � � �t � ?! ii �t �t X . N O GC .f O O O O O M O r- � O O O N H1 S� O � � � Y1 1A • � M 1- � O 1� N O � � x � � �� ( �O M M�. O P W � W � N O N N O� P > . ^ W � N O � - P P O � . t� ^ M1 • F- � m � � O �t �� N � p x � C9 � _ � � � � J . • Y � O O M O W O M O f� O ' P O m m J�y � � J � IA O . . �' � N � � - fa N • . 3 � _ < � O � �t � � � � O O O �O � N Yx1 W H O N N�O � oC� Z � ��O P M W t� V� M1 � < W O �t N � d = • � � � � x .Q � J J ' 1A � 4i � �t N N • � M M � �O �U i C7 00 � O P ��O M 1� c0 N 1� N � � � O � M N � N � � � �O O P aKD � O� Cx0 u1 M �t M P l� � eJ N � O O � CO � � M O� � O N U1 N • < O M N [a r- � . � � � � � . OC W 7 � N Z Z � W t O � W � K O �-' � < W Z < V/ ot \ > � (7 W C < � G � J W J Y CC (7 C[ (7 < � 2 (7 W Z ��'" 2 2 � � N O�L N OC OC 2 << � m N G < N G ; N 8N TO: FROM: CITY OF FRIDLEY M E M O R A N D O M �• WILLIAM W. BIIRNB� CITY MANAGER � �� RICHARD D. PRIBYL, FINANCE DIRECTOR WILLIAM A. CHAMPA, CITY CLERR SUBJECT: APPROVAL OF CIIRRENCY EXCHANGE FOR INT�L CIIRRENCY E%CHANGE DATE: FEBRUARY 18� 1993 On January 20, 1993 we received a request from the State of Minnesota asking for approval from Council to grant a currency exchange license to Int'1 Currency Exchange Inc which is located at 7893 East River Road. After speaking with the State of Minnesota and our Police Department, we determined that State Statutes Section 53A.05 requires the City to "give published notice of it's intention to consider the issue and shall solicit testimony from interested persons." If we do not approve or disapprove this request within 60 days of receipt of the application, concurrence is presumed. Since time is critical, we would like to publish a notice in the March 2 Fridley Focus and hold a public hearing at the March 15, 1993 Council Meeting. Please provide us with direction so that we may proceed with this matter. � Engineering Sewer Water Parks Streets Maintenance MEMORANDUM . TO: William W. Burns, City Manager hA' PW93-058 � �1` �ROM: John G. �lora,► Public Works Director DATE: February 16, 1993 SUB.IECT: Contract Recommendation for Well Repair Project No. 241 The 1993 Water Capital Improvement budget approved by the City Councii, identified $60,000 to repair weils 2, 6 and 7. The notice to bidders was advertised and the specifications and bid forms were sent out to five well contractors. Five bids were received and opened on Thursday, February 11, 1993 at 11:00 am. Mark Traut Wells, Inc., was the low bid for the three wells, for a grand total of $53,082 (see attached bid tabulation sheets). Mark Traut Well Company has received previous contracts with the City of Fridley and has completed these contracts in a professional and timely manner. Recommend the City Council receive the bids and award the Well Repair Project No. 241 to Mark Traut Well, Inc. fo� $25,155 (V1/ell No. 2), $15,157 (Wel! No. 6), and $12,770 (Well No. 7). BN/JG F: cz Attachment 10 � � F�DLEY BID FOR PROPOSALS REPAIR AND MAINTENANCE OF WELL NO. 2, PROJECT NO. 241 THURSDAY, FEBRUARY 11, 1992, 11:00 A.M. ;:::.:. ...:: >::; : : :;:.;:. : .::;.::::.::; :.;:;:.:>:.>:;:.;::.:. ::. :;:;: .>:.;:.;: : <::::::>::;::>:>::>:.;:.::- ;::.::.;;::::;::: ;�::;:.:.;.:>:;::.: :: >: ;:::::: :; .;:.:... ..... . ....... >::::<;::>::>::::: :: ... PL�►IUH.C3L��f�....::::>::;:::::::>>::>::>:::::<::::::::::'`'::'::::>:::::�11�:'� l�°<�>:::::>::::>::>: ::;::::::::':;:::;;TC��'A�::: LC�. >:>:?:" :::::::::>:'� MM 'i'S .; �::::::;:;:;:.:::: : :.::::::::::.:::. :.::::. :. :.: �::�.:::::::.:.:;::. �::: : ;>.:: «::.. 0.:. : :.. ��t :.:...... : :::: Mark Traut Welis 5% $25,155.00 151 72nd Ave Old Republic St Cloud MN 56301 Surety Bergerson Caswell 5% $27,003.00 5115 lndustrial UF8�C Maple Piain MN 55359 - E.H. Renner & Sons . 5°to $27,941.50 15688 Jarvis St Old Republic Elk River MN 55330 Surety Layne Minnesota 5% $29,492.00 3147 California Fidelity & Minneapolis MN 55418 Dep Company Keys Well Drilling 5% $33,959.00 413 N Lexington Parkway Am. Inst of St Paul MN 55104 , Architects/ Transamerica Premier Ins � �1 � BID FOR PROPOSALS REPAIR AND MAINTENANCE OF WELL NO. 6, PROJECT NO. 241 THURSDAY, FEBRUARY 11, 1992, 11:00 A.M. . :.. :::::::::::::: . ...::. ; :.:::::::::::>;::;:: . ..::: .:..:.:..; .:::.;::.: >' :::: ?:::: '''::::;::::> .::::> :::::::::::: :::::::::::::::::>::::>::::: ;: :: : :: ..:: < :>::>::::.: P�a�t�to�t�� :: :::::::::::::::::::::: r .:.:::::::::::::::::.:::. :::::::::. .:::::.. ...::...._................ ... .._....._ .._........:. :.:..:: :.:::::::::.: .: ,: :.. ...::. B.i7. Bf�ND::............ .............T�Tl�L::�I!I� ..: : ; >_ ::::_>:>C�MMENTS.::.: :.:::<. Mark Traut Weiis 5% $15,157.00 151 72nd Ave • Oid Republic St Cloud MN 56301 Surety Layne Minnesota 5% $16,785.00 3147 California Fidelity & Minneapolis, MN 55418 Dep Company E.H. Renner & Sons 5% $17,424.00 15688 Jarvis St Old Republic Elk River MN 55330 Surety Bergerson Caswell 5% � $18,658.00 � 5115 Industrial UF&C Maple Plain MN 55359 Keys Well Drilling 5% $19,416.00 413 N Lexington Parkway Transamerica St Paul MN 55104 Premier Ins. Comp � � BID FOR PROPOSALS REPAIR AND MAINTENANCE OF WELL NO. 7, PROJECT NO. 241 THURSDAY, FEBRUARY 11, 1992, 11:00 A.M. :. ;:..;::>:.:;::::::>::.;:::>:::<:>::::>::>::»:::;>::>:. :...::.;:: .:: ':,; .,C� `::;:;:>:;;<�';, T,�. :: :: »>.; >: <>; . <:>::::;::::>::::>::;::>::>::::>: . . . ::::::::::::::::::::::::::: P�►�r�Q�t�� :::::':::;:'.:;.::::; ::::::::�::::::�:::::::�i�:��::::�:::: :::::: ::....... �rt��a�:��t�.......:�::�::::....... ��. � . . Mark Traut Welis 5% $12,770.00 151 72nd Ave Old Republic St Cloud MN 56301 Surety Layne Minnesota 5% $13,580.00 3147 California Fidelity & Dept . Minneapolis MN 55418 Company E.H. Renner & Sons 5% $13,962.00 15688 Jarvis St Old Republic . Elk Rive� MN 55330 Surety Bergerson Caswel! %5 $15,333.00 5115 Industrial UF&C Maple Plain MN 55359 Keys Well Drilling 5% $18,629.00 413 N Lexington Parkway Transamerica St. Paul MN 55104 Premier Ins 10C Engineering Sewer Water Parks Streets Maintenance MEMORANDUM TO: Wiiliam W. Bums, City Manager ;�++ � PW93-048 �r � FROM: John G. Fiora,'Public Works Director DATE: �ebruary 9, 1993 SUBJECT: Engineering Seroices Contract — �ocke Paric Filter Pfant Refurbishing, Project No. 240 Based on the previous discussion concerning the Locke Park Filte� Plant Refurbishing, Project No. 240, scheduted for 1993, Maier Stewart and Associates, Inc. (MSA) have been retained by the City of Fridley to complete the design and engineering. We have received three copies of the contract from MSA to be signed by the City. The total for the engineering services is not to exceed $87,500. Recommend the City Council move to retain the services of MSA for the Locke Park Filter Plant Refurbishing, Project No. 240, for a cost not to exceed $87,500. BN/JGF:cz Attachment 11 / � CftYOf FRIDL.EII E�IIB� 3 ENGINEERING SERVICES LOCKE PLANT WA�'ER TREATMENT PLANT UPGRADE This supplement dated this day of , 1993, describes the engineering services to be provided to the City of Fridley, Anoka County, Minnesota hereinafter called "THE OWNER", and at: Maier Stewart & Associates, Inc., a Professional Engineering Corporation with offices 1959 Sloan Place St. Paul, Minnesota 55117 hereinafter called "THE ENGINEER". WHEREAS, this Supplement is attached to and shall be considered a part thereof of an Agreement for Engineering Services between THE OWNER and TI� ENGINEER dated , 1993. WHEREAS, this Supplement describes 1'HE ENGIIVEER's scope of work to provide professional services for the upgrade of the Locke Park Water Treatment Plant. IT IS AGREED BY and between the parties as follows: SECTION II THE ENGINEER, upon direction of TI� OWNER, agrees to perform the following Engineering Services: � A. General: THE ENGINEER shall serve as THE OWNER's professional representative in the planning, design, and general review of construction of the ,Project, and shall give consideration and advice to TI� OWNER during the performance of his services. B, Basic Services of THE ENGINEER: THE ENGINEER shall accomplish the following tasks which shall be considered to be basic services pursuant to this contract. psn-ZSO3.;,o 1_� A � 1. Preliminary Meeting _-- THE FNGINEER shall meet with TI-� OWNER's staff and discuss the various project elements. Include� in this review will be a discussion of the past performance of Locke Park Water Treatment Plant and wells #10 and �11. 2. Analysis of Options THE ENGINEER shall prepare for THE OWNER's staff his opinion as the most appropriate means of providing a sufficient water supply from the Locke Park Water Treatment Plant. These options may include providing variable frequency drives for wells #10 and #11, drilling a well (#14), replacing the plant's filter media and backwash system, integrating the well controls and filter � plant operating system to SCADA compatibility, u�grading the building's HVAC and the process piping and valving, and upgrading chemical addition facilities. THE ENGINEER will prepare a design memorandum discussing these analyses and will provide specific recommendations for TI� OV�NER's consideration. THE ENGINEER shall work with THE OWNER's staff ta review the design memorandum. 3. Plans and Spec�cations Based upon ZT� OWNER's review and itnput to the design memorandum, THE ENGINEER shall prepare for TF� OWNER's review a clear and concise set of construction plans and constraction documents describirig the upgrades to THE OWNER's water supply and treatment facilities_ Said work product shall be prepared with reference to the requirements of the Minnesota Department of Health and shall reflect generally accepted engineering practices. 4. Receipt of Proposals THE ENGINEER shall prepare advertisement for bids incorporating times and dates set forth by the City Council. 'I�-� ENGINEER shall furnish up to 15 sets of drawings (full- or half-size) and specifications, as directed by THE OWNER for the use of bidders in submitting proposals. THE ENGINEER shall assist THE OWNER in security praposals from bidders; in analy�ing such proposals, in maldng recommendations to City Council, and in preparing the construction contract for execution by the Contractor. 5. During Construction rsw-uas;.o THE FNGINEER shall provide general review of construcdon to check the Contractor's work for general compliance with the drawings and specifications and shall endeavor to protect THE OWNER against defects and deficiencies in the work of the Contractor, but TI� ENGIIJEER does not guarantee the Contractor's performance. THE FNGINEER's general review shall not include �1'� � I ��„_�;� furnishing a full-time resident Engineer, but shall include th�-; €o�lowing services: a. Additional Instruction: TI� ENGINEER shall issue such additional instructions to the Contractor as may be necessary to interpret the drawings and specifications or to illustrate changes required in the Contractor's work. b. Contractor's Submittals: THE ENGINEER shall check shop drawings, samples, equipment, approval data, and other data submitted by the Contractor for compliance with the drawings and specifications. c. Contractor's Requests for Payment: THE ENGINEER shall review the Contractor's request for progress payments, and based upon on-site observations, advise 'THE OWNER as to THE ENGINEER's opinion of the extent of the work completed in accordance with the terms of the Construction Contract and issue a Certificate for Payment in the amount owed the Contractor. The issuance �f Certificates for Payment shall constitute a declaration by THE ENGINEER to THE OV4�NER, based upon on-site observations, review, and data accompanying the request for payment, that the Contractor's work has progressed to the point indicated; that to the best of THE ENGINEER's knowledge, information, and belief, the quality of the Contractor's work is in accordance with the Construction Contract Documents (subject to subsequent tests and review required by the Construction Contract Documents, to correction of minor deviations from the Construction Contract Documents and to qualifications stated in th� Certificate for Payment); and that the Contractor is entitled to the amount stated. d. Visits to the Site: THE ENGINEER shall make periodic visits to the site to check the Contractor's work for general compliance with the Contract Documents and to determine the extent of work completed for checking of Contractor's requests for payment. e. Progress Meetings: THE ENGINEER shall meet periodically with the Public Works Director during the construction of the Project to discuss progress on the Project, change orders, or problems which may have developed. f. Special Performance Tests: THE ENGINEER or his agent sfiall witness and fully report the results of all performance tests required during the normal course of the Project. �.. ._ , �:. g. Final Acceptance: Upon completivn of all construction, THE ENGINEER shall arrange for final inspection of the Project. Inspection shall be made joindy by representatives of THE OWNER, T'HE ENGINEER, and the Contractor. Upon comple6on of inspection and correction of any noted deficiencies, THE FNGINEER shall certify his 1-�C � recommendation for acceptance to TI� OWNER givin� the date of final completion, date of substantial completion, and conhact completion date, liquidated damages where applicable, and his approval of the Contractor's final request for payment. THE FNGINEER shall not recommend approval of Contractor's final request for payment prior to receipt of assurance by the Contractor that all subcontractors, suppliers, and lien tiolders have been paid. h. Instruction to the City: THE ENGIl�IEER shall anrange for detailed instruction by the Contractor and manufacturer's representatives of TI� OWNER or its delegated representative in the proper operation and maintenance of the equipment furnished and installed for the Project. THE ENGINEER shall certify and transmit to THE OWNER two (2) copies of all necessary drawings and operation manuals for all equipment, as required by the project Drawings and Specifications. 6. Completion of Project a. Record Drawings: Record drawings shall be furnished to TF� OWNER within sixty (60) days after THE ENGINEER submits the Contractor's final payment to THE OWNER for processing. C. Extra Services of TIiE ENGINEER Extra services of THE ENGINEER shall include the following when authorized by THE OWNER: 1. Contract Documents: � Revisions to Drawings and Specifications previously approved by TI� OWNER. 2. Observation of materials testing by ENGINEER or his agent. 3. Assisting THE OWNER in arranging for continuation of the work should the Contractor default for any reason, and providing general review of construction over an extended period should the construction contract time be exceeded by more than 25 percent, not occasioned by fault of THE ENGINEER. 4. Work performed in connection with acquisition of easements beyond the drawing of the geometry on the plan sheets. S. Inspection prior to expiration of the guaranty period of the Project and preparation of a written report listing discrepancies between guaranties and performance when requested by THE OWNER. 6. Preparation of Assessment Roll and Assessment Hearing notices. 7. Provide extensive assistance in the utilization of any equipment (such as initial startup, testing, adjusting, and balancing), and training personnel for operation �_u«�;.a 1�1�D . . : �..�.:.�..�..�.-..�.,.-..�.. _ � .�. ..,... . ._ , . :., .. ... . ..' ' . . ....... . . . . .._..,.._ .>. . , , . .r. . ...>.�.w.>a.,. ....aN.S>_...w.. 1.. ....), ...... . . . .. w .......... ._.,..... . _.... . .. , , ,.. . ..: w.. ,� 1 „r�� • � . . . -�. . �'.' . .. . ��` . . . , . . ., and maintenance. " _ _ , 8. Providing services as an expert witness for THE OWNER in connection with litigation or other proccedings involving the Project. . 9. Special consultants may be utilized by THE ENGIlJF.ER when required by the complex or specialized nature of the Project and when authorized in writing by TF� OWNER. � . ' 10. Incorporation of the requirements of Americans �V'ith Disabilities Act or chlorine gas scrubbers into the project. � SECTION IV. PERIOD OF SERYICE THE ENGINEER's period of service for the tasks outlined in this Supplement .shall be as follows: � � Design Memorandum Through Detailed Design: 3 months following Notice to Proceed Solicitation . of Bids Through Record � Drawings: 12 � months fo}lowing_ OWI�ER's establishing bid date. . � SECTION V. COMPENSATION Maximum Compensation THE ENGINBER shall complete the work scope identified in this Supplement for an amount not to exceed Eighty-Seven Thousand Five Hundrerl Dollars ($87,500). Said amount shall include - subconsultants in the areas of electrical engineering, mechanical engineering, and architectural disciplines. �"��'�° 11� I. I � IN WITNFSS WI�REOF, the parties hereto have executed this Supplement the day and year first above written. CITY COUNCII,, CTTY OF FRIDLEY MAIER STEWART & ASSOCIATES, INC. ANOKA COUNTY, EZINNESOTA � � By: • By. - - Mayor Fresid�nt' . And: City Manager rs�-uar3,;m 1-1#-F � . And: G�;c;C'� Vice Pr nt E�gineering y Sewer � Y Water Q � � O Parks O 3 Streets VU Maintenance MEMORANDUM � TO: Wiliiam W. Burns, City Manager �� PW93-054 (� .� FROM: . John G. Flora; Public Works Director DATE: February 11, 1993 SUBJECT: 52nd Avenue Floodway and Clover Pond Dive�sion Project We have been informed that the Columbia Heights City Council supports Maier Stewart and Associates' (MSA) estimate of $150,000 for the 52nd Avenue Floodway and Clover Pond Diversion Project. The Joint Powers Agreement executed between the two cities required that both cities approve the advertising for bids and awarding of the contract. The attached resolution satisfies the requirement to prepare plans and specifications and advertise for bids, and will allow the Council to review the bids and to make final determination for constcuction of the project. Recommend the City Counci{ adopt the attached resolution authorizing the preparation of plans and specifications and advertisement for bids for the 52nd Avenue Floodway and Clover Pond Diversion Pro}ect. JGF:cz Attachment 12 cnYOF Fwo�r RE90I�TI'I�1 I�U. - 1993 �� i •� ;� • � w� �� • � ti � �� •� r v •�� u •.��•� -�� .• :N�. •• � u �� •.. ►• . i� N • �• ••� i. . � �•.: •� • •,• � Wf�E�S, the cities of Coliunbia Heights and Fridley in March, 1991 entered into a Joint Fawers Ac�ent to address the storm water improvements associated with the 52nd Avenue floodway arul Claver Fond diversion project, and WF�3, both cities agreed to retain the services of Maier Stewart and Associates, Inc. (M�) � P�I�'e P��n�Y Plans for the storm water impravements, and Wf�S, MSA had submitted a preliminary design report in Navember, 1991, and Wf�.S, MSA has revised their original report and submitted a proposal to complete the proposed 52rid Avenue Floodway and Clover Pbnd Diversion project at an estimated oost of $150,000, and W�, the cities of Coltmibia Heights and Fridley have agreed to share equally in this P�J�� WT�REAS, both City Councils resexve the right to award the contract for construction after bids have b�en received. NC7W, T�ORE, BE IT RESOLVED TI�,T, the City Council of the City of Fridley, Anoka County, Mi.nnesota, with the concurrence of the City Council of Caltm�bia Heights, authorize the preparation of final plans and specifications for the 52nd Avenue Floodway and CTaver Pond Diversion project by MSA, arxl BE IT FURTI�R RF,90LVID THI�T, after review and approval of the plans and specifications by the Directors of Public Works of both cities, that MSA is authorized to seek bids baseci upon the engineering plans and specifications, and BE IT FURTf�R RE.SOLVED Tl�,T, upon receipt and opening of the sealed bids, both Councils will reuiew the bids and shall give their appraval for the suooessful bidder and award of the contract. PASSID AND ADOPI�D BY Z� CITY OOUNCIL OF TI� CITY OF FRIDLEY Tl�S DAY OF , 1993. � WILLIAM A. C�i11MPA - CITY CI�2K WILLTAM J. NEE - MAYOR 12A TO: FROM: DATE: SUBJECT: Eng�iieenng Sewer Waler Parks Sireets Mainlen�nce MEMORANDUM William W. Burns, City Manager �1 - � ��J hn G. F1ora�Public Works Director yde V. Moravetz, Engineering Assistant February 8, 1993 PW93-049 Final MSAS System Revisions Relating to the 1993 Street Reconstruction Project, ST. 1993-1&Z � A public meeting was held on January 27 with property owners along Brookview Drive. Favorable comments were received and it appears that Brookview Drive from Mississippi Street to Rice Creek Terrace will be added to our 1993 Street Reconstruction project. The segment between 68th Avenueand Rice Creek Terrace is presently designated MSAS. ihe segment between Mississippi Street and 68th (0.25 mile) is a municipal street and should be designated MSAS in order to receive State Aid money for the entire street. As noted in our memo dated January 25, 1993, we plan to revoke as we add street segments to our MSAS system. The attached resolutions reflect a revocation of 0.50 mile and a new designation of 0.25 mile. Council approval and State Aid authorization of these resolutions will result in the following MSAS system totals. Existing MSAS Designations Proposed New MSAS Designation Proposed MSAS Revocation Maximum MSAS Allowed Proposed MSAS Designation Miles 25.11 +0.25 -0.50 25.21 24.86 These final MSAS system changes relating to our 19g3 Street Reconstruction Project results in 0.35 mile under our maximum aIlowed. � Reeommend Council approval of the attached resolutions at their February 22 meeting. CVM/JGF:cz � Attachments � 13 � RE�90I�I�T 1�U. - 1993 <._ .. �� •� �. �u i � _ v • n � � W�AS, it is evident to the City Council of the City of Fridley that the streets herein referei�ced shauld be revok,ed as Municipal State Aid 5treets under px•avisions of Minnesota Laws. NC7W, TI�'�REFORE, BE IT RE9oLVED by the City C7oRincil of the City of F�idley, County of Anoka, that the streets described as follaas, to wi.t: Control 5ection Segmexit Termini Miles 310 020 83rr1 Ave — Ashton Ave to 0.30 mile east .30 030 83rd Ave - 0.30 mile East to 0.50 mile East of B.N. Railroad (Main Street) .20 MSAS #310 TOTAL .50 TO'I'AL REVOI�D MSAS MILES .50 be and hereby are revoked as Municipal State Aid Streets of said City subject to the appraval of the Co�mnissioner of Minnesota Depart�nt of Transportation. BE IT FURTt�t RESOLVED, that the City Clerk is hereby authorized ar�cl directed to forward two (2) certified copies of this Resolution to the Ccmunissioner of the Minnesota De��nt of Transportation for his appraval of the revoca.tion of said Municipal State Aid Streets. PASSED AI�ID ADOPTID BY T!� CITY aOUNCIL OF TI� CITY OF FRIDLEY '�IIS 22PID I)AY OF F'ESRLTARY, 1993. ATI'EST: WTI�M A. C��AMPA - CITY CLERIC WILLIAM J. NEE - MAYOR 13A � . ._ . - _ ._ . . � ' �2 3 4 5 6 .`\ , �•� ��,. e. � , ...�.. �.. w .�.��. -- li ---��p"�� .�, ., CITY OF FRIDLEY � , ' ■ _ � � �� A ■ � � i . +n � � � � ' ' ANOKA COUNTY. MINNESOTA � ' � • � � VOTIFIG SCkiO( S��;; ° e j r*�' �+��-�Jci ��9 » j; �n Er..en msoewr�ox DISTRI�S a$�V 1 `�� l; �l a^AndP w?^^�i�yj - m.�<� ��i i�A.w� ' w . .�...a � �� fG: �..�J�j�� .a t? w�� ... �_�-�a , ` I ey, ' .j%5 � :i >>°9-�� : ..ao...r r�-7 � _ _J U\,�a�e V`:f� �'A j J ��l� j �y � ...u�i., u...� °: �i°;i nw .o.o.. „ n I v" ^ � A� a�a � � I sio: �'.',':'ij ' A `l° \ `��,� y:: �;�.,;�,,>>'�.. .... �.�.� « ..� .� «.�. _. » ` �., .,�� ,o^5a'� ,�:�'.M[ ��:.. - `. 7's � _- ">�' •=�a� - Ip �• n... !�_"="_-- �, .......�,..... .�� .� � - u 1•i;t-wa � I C�� -- M1� [Y�L�M�TION MI , • � � � 2 �� ^ �� 1 � � hMk'bN wwr� �, u i �� / 1 'J- � 4 a�.� w.w � ��1 / ' . . � 11W�IIW + . '� �/ C I 1 �' �p ' �� w`a .:,.::.��....,_. n.� �.� I�._ .r._� ��=. J .+�" : , ,� � �f Clf • • • �� ,• 3:: � ...�r.... 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A�^� �l [ P I � 4� �� I �7 I /g"�'SC'j'.y'ar 1 a� � °�y ��'+��,^..-,:�.'1�,� �4?^^^�,��- L � CCl•� _.:�� (�j {'` •i�•.;�� 'y �� - L` �� ._. � I � Q ��'•��i��:� �t{ . � / ��'� _y_ - �� nr��'i�;�� 1""tp)�� i�� 11'n�,.��. 2� _ .Mj .__ 1 � ; . �" <� / � � 'i i __ _. r.,�. �, ��. _ �. _ _ , ,, ,. �` � •� �-�(; �� ' � - � �,�,; - - - �-- � � � ,. _ _ . -c---`�� ,,., !` � _ , . p �- � _�� - -1 �,t �� • LJ � � „ > >:�� H 4�� _ ' - - _��`1 �. � . �� ' I� � � � i" L �"" 4 �. - RE80LUFIaQd PU. - 1993 �.��. .�,IN •;� a,c�v_ :_ y,��., _„i�i,� wr�_ _:�+v; v'_:_ �r =s+4;��+�4titi W�REP,S, it appears to the City C�uzcil of the City af Fridley that the street hereinafter described shauld be designated as a M�icipal State Aid Streets undex provisions of Mi.nnesota Iaws of 1967, Cri�aptex 162. rx�w, s�+o�, BE IT RESOLVED by the City oauicil of the City of Fridley, countY of Anoka, that the street d�scribed as follaws, to wit: Termini Miles Brookview Drive - Mississippi Street to 68th Avenue .25 �AL MSAS DESIC�TION RE7QiJEST .25 be arid hereby is established, located arid designated a Municipal State Aid Street of said City, subj ect to the approval of the Cart¢nissioner of Minnesota Dep�nent of Transportation. BE IT FU� RE�90LVED, that the City Clerk is hernby authorized and direct.ed to forward two (2) cPxtified copies of this Resolution to the Ccatuni.ssioner of Highways for his consideration, arid that upon his approval of the desiynation of said street that the same be constxucted, impraved, and maintained as a Municipal State Aid Street of the City of Fridley, to be rnnnbered and lmawn as a Municipal State Aid Street as establi.shed by the State-: PASSID AND ADOPTED BY T!� CITY UOUNCIL OF T� QTY OF FRIDLEY 'I�S 22I�ID UAY OF F'EBRtAsiRY, 1993. - r, My�.-� WILLIAM A. C�IAMPA - CITY CLERIZ 14 WILLSAM J. NEE - MAYOR �11II.S.A A `" � `� c � 2 � . _ f o \ B � • ti 2 ';� ,•` <�.. .. � �.. , ... _ t� ,�. � ].j��1 • p A� � � � S `' " V�� ;M' f, `y / n, •' •' �i w�7C•):� �• d1.�nw�f��'oJ. , `� a� �' awAne.dna.je'i� ;u\�� .�. �+se o�� ".a ^ '� � a, ..'. �+ v�i.si?: ��''i S a D� �.. `A ��J�^)-,�:�� a� � � �>> 3 :�:7'` J � 1 � � �'9 J J � n� '�).��).�7.�•., 'r v. »J �,� �� .'i �� pr ' iJ :)a� 7 � / C \''� �- \,� =� a: �r�. , � CITY OF FRIDLEY � ' ANO%A COIAITY. MINNESOTA � VOTING SCf'� — " `" ' '�""""°" DIS7RICTS DIS7RIC1 � ,..« �.,,.... .,..'", .. » "`- ' `"".�= � :.. � "" �-.-.. r- ...�..r. e..... N .a. w.e.. � ::m . � I s+o'. iaiu . n. n , n � «�..s: °..�.` •"e.w��..�.� �n�a �. � �' � ` � � .wo wr�� n. n !�'"� =�-" ' t�Mll 111-]�10 . q � �� C[K�N�f10Y . = wMk M�� .w«n r w . � MY W/ aiY. � � H - / lGCC I�r� hyr�� IMI 0. n Y. 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Yf � .� � ii��i7� I�,/r 4 �"�II _._ � ' �y C�`. (, � ' ;, _ _. ._ l •�^'^ ,,: 1 il i... _ �, . `� __ - p!�-: . � �� , � � 1 .. i~� • `�- - .� ' '-� . . ._- . � i.. �r'- - I� -t_ ' .�. .. . � ' ` 'yy f t�r� �:l_ . .�----�__ _� •- � ,� �. � a f �. -� ,�y , � f, _,�-�-�-----;'T " °°- - � �� _ ,.- � .. __.W{ �. '``�^�t '• 1 . . �\ . rT�-�..'`�'i`.-�_-"'- . � � �.-. . 5 . ., Engmee��n4 Sewe� waler Parks Slrects Mainten�nce MEMORANDUM - TO: � � - William W. Burns, City Manager � PW93 057 FROM: ,� ohn G. F1ora,�Public Works Director (��lyde V. Moravetz, Engineering Assistant � DATE: February 16, 1993 SUBJECT: Resolution Requesting a Variance from MN/DOT Rules and State Aid Operations to Allow Street Improvements with Less than b0 Feet Right-of- Way Width and Variances from Vertical and Horizontal Curve Standards The attached resolution requests certain variances from the Minnesota Department of Transportation rules for State Aid Operations. The variances affect streets that are included with our proposed 1993 street improvement program. Approval of these variances will allow the City to widen and unprove the streets in question with basically the same alignments and grades with complete State Aid participation in improvement costs. Request Council authorize the variance requests at their February 22 meeting. CVM/JGF:cz Attachment 15 � . i:�.. � RE90LUTI�T 1�U. - 1993 • � • •� • s� � a�. � . �. «. . .,� n i i�: • v• � �r• � •�� i� • � ti •. •.+v• �� •+� x • • v� � r. • • �v• •� �: • • ^ � � � �� •,• �+ ia� �: � •• r.:� � � .,►, „ n �: � i� •�� r •,• � �, i� r: � • • r• � c •.�, � �•� v• i� • � • •i v• a+ v� i� � -��: Wi�REAS, the City of Fridley desires to i�rove the follawitig streets: Stxeet Benjamin Street Benjamin Street Fillmore Street Cheri Iane j,imit,s 61st Ave to Rice Creek F�1 Ga�lena Ave to 61st Ave 53n�i Ave to Cheri In 53rd Ave to �i.11more St Variance Reguired Right-of�ray Crest arxl sag vertical curves Cre.st arxl sag vertical curves Cxest and sag vertical curves and horizontal cutives using Municipal State Aid Ftands; and WT�RE�S, the Minnesota Depart�nent of Transportation rules for State Aid operations, Chapters 8820.9935, 8820.9945 and 8820.2500 address the design speed in critical cuzve areas and the required 60 foot rightrof-way, respectively; and Wi�REAS, the streets in question were built to their existirig grade 'and rightrof way widths between 20 and 30 years ago and adjoinirig prop�xties have been totally developed• for aver 20 years; arid wt�REAS, the existing street right-of�aays, grades and aliqrnnents are totally functional to acconunodate prese.nt ar�d projected traffiC on the streets in question; and Wi�REAS, the City of FYidley believes there are other �elling reasons for maintaini.ng the exist9rig right--of�aay width, grades arxi aligrnnents without affectir�g safety or-traffic condit.ions . NOW,�T�'ORE, BE IT RE9oLVED TI�AT, the City of Fridl.ey, Mi�ota, does hereby request variances frain Minnesvta Department of Transportation rules for State Aid operations, C�apters 8820.9935, 8820.9945 and 8820.2500, to allaw for street impravements of the above mentioned streets with their e.�cisting rightrof-way widths and approximate same grades and alignments. PASSED AND ADOPTED BY Tf� CITY OOUNCIL OF THE CITY OF FRIDLEY TFIIS 22I�ID DAY (3F FEBRUARY, 1993. � [�Ji�i�i�e u �.rs ui• • YY N �+; .� WILLIAM J. N� - MAYOR 15A � � i � ; , ,_ � i V ~ / � 1 � ��_ M.S. A.S. �. S 02 �� i+J04E LsKE � ORIVE / s` � / ��' '7. 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'' � y � ` __ _ _ C. r �. 4k-r�:. � d;;W: = 1- - _ -�-��r ��,., Y�l' CIN —�_�� GRGiE Y! �. � ' GRCLE _� �C CI� lC M. ♦ r i _ _._. �.1 �-'``..`\+ ere..r �•'', � i 6I - ,� �.�,_�. . I I � � ,� ' NOflTN PANI( ; �_'. C 1. t-� �CN f' 1 I Z 1 1 l-� � • 1� 1� 1 1 I � � i , :- i � , � � � ' ��+ � . �_. � ; ,.�� + +� �-�-+'i--7 la u i i -� i �, � a -� .�' '_' �' MEG�S l�Nf , v�i�cr vier CNRI]TIAN LHURCN �� 1 `��__ —� _`�___ ___ _ � :� toupr a ' SM�W7OO l�M( !]�0 •VE S YG �? (-l�l �: l :1� Engineering Sewer Water Parks Streets Maintenance MEMORANDUM . TO: �Iliam W. Bums, City Manager� �i PW93-056 FROM: John G. Flora,�Pubiic Works Director DATE: February 16, 1993 SUBJECT: Metropolitan Waste Control Commission l�fitration/!n-flow Grant We have been informed of a program that the Metropolitan Waste Control Commission (MWCC) is initiating this year regarding in�itrationrn-flow projects. The grant consists of a$10,000 matching fund. The City currently is proposing to insituform line a portion of its 1b-in. corrugated metal sanitary sewer collector line. This project is estimated at $60,000 and could be considered for satisfaction of grant requirements. Accordingly, we are making application to the MWCC requesting a$10,000 grant for this project. Recommend the City Council approve the attached resolution authorizing grant application and identifying John G. Flora, Director of Public Works as the contact point for this grant. JGF:cz Attachment 16 / � Cf1YOF fiilDl�Y � a ,, :� 11�ETROPOLITAN WASTE CONTROI� COIVIlVIISSION OFFER OF MATCHING GR�NTB FOR INFILTRATION/INFLOW CONTROI, PROJECTB APPLICA�'ION FORM � - NOTICE TO APPLICANTS: Read the attached "Metropolitan W�iste Control .� Commission - Description�o� Offer oi Matchinq arants to Commuaities for Infiltration/Inflow Controls!� for gnidance on how this Grant Offer will be conducted. Prior to award of a qrant, the Applicant Communit�-must enter- � into an aqreement with the MWCC. The complete terms of the agreement will. be furnished to those Appliaants to whom a Grant Offer is made. ------------------------------------------------------------=------------ COMMUNITY NAME • Fridley Correspondence regarding this Applicaiion shouZd be mailed to: NAME: TITLE: STREET: CITY: ZIP: John G. Flora - � Director o ic or 6 31 Unlversity ve . GRANT AMOUNT REQUESTED FROM MWCC: $ 10,000.00 � (Enter a value up to $10,000.00. An equa� amount� is required to be contributed by the Community to be eligible for a Grant.) PROVIDE THE FOLLOAING ON BEPARATE 8HEET8 OF PAPER:� Describe the objective project is intended to interceptor sewers and s of the pr.oject. Hiqhliqht provide to the Metropolitan treatment plants. any benefits that the System of wastewater Provide a�complete description of the proposed project. Include a map showing the limits o� the project area and the wastewater collection system in the vicinity of the project. You may attach any.engineering reports� plans or other perti.nent documents that.provide useful background for�MWGC evaluation of the proposed project. � What is the proposed schedule for project completion, assuming a Grant is offered? If possible, identify key steps�and intermediate dates. Would the project be performed by contracted services br by City staff? Will a competitive bid process be required? John G. Flora � L��__ Print Name of Preparer , g ure of Preparer . Telephone Number: 572-3550 Title of Preparer: Dir of PW/CE Date of Application; _ _,_ � APPLICATIONS MUST BE POSTMARRED NO LATER�THAN MAY 1, 1993. AMONG PROJECTS EVALUATED BY THE MWCC TO BE OF SQUAL CLASS OF_PRIORITY, TiiE�PROJECT PRIORITY RANICING WILL 8E ASSIGNED BASED ON THE DATE THAT A COMPLETED APPLICATION WAS RECEIVED BY THE MWCC. ' GRANTS.fr 16A RESOLUPI�i 1�. - 1993 •ir� i � •� � � �.:• • � �:i- v� •; • • •1 i •,� •• v• ^►• _ •�; •,• •r i � _ �; � i' � � •�• •� � • H' �, the M�etY�olitan Waste Cantrol �aiunissiari (NbJCC) is irYVitirig �it3es to apply for qrants up to $10, 000 with City matching ocarnnitment for projects to reduce infiitration aryd in-flaw, ar�d WI�B, the City of Fridley has identified a cornx�ated metal pipe sanitary sewer oonnector line that has considerable gr� water infiltratioal due tA poor j oint connec.-tions, and �, the criteria for the Nb+70C grant focuses on p�ysical img�rovements to sanitary systems which produoe metYr�politan benefit thtro�ugti infiltration reduction, and Wt�REAS, the grant pr�ogram supports the �carnmanity�aide program for system i�ravements targetirig lang range project.s, arid W�S, the CitY Proposes to reline a portion of the 15-itx�h Q� sanitary connector line between 4th arxi 5th Street on 61st Avenue in the s�mamex �f 1993. I�NT� Tl�ORE, BE IT RESOLVED by the City �incil of the City of Fridley, Anoka County, Minnesota, that John G. Flora, Direct�or of Public Works is authorized to submit an application and serve as the City representative for the MWCC_matchir�g grant infiltration,/in-flaw oontrol project. PASSID ATID ADOPTID BY Ti� CITY E70UN�IL OF 'II� CITY .OF FRIDLEY Ti�S DIAY OF , 1993. :_�f��F WILLIAM A. Q��1MPA - CITY QERK � �� : 4 � u4 • � REDUCTION 0F'GROUND WATER INTO SANITARY SEWER� � � CMP COLLECTOR REUNING The City of Fridley proposes a physical improvement project to reline a section of its 37- year-old corrugated metal pipe (CMP) collector sewer line. The 2�h mile sewage collection line services approximately 1/9th of the City's 29,682 population. tt was installed in 1956, using asphalt coated CMP. Last year, the City televised the entire line to determine its structural strength and water tightness in an attempt to repair and/or correct ground water infiltration. The results of the investigation revealed a number of segments of the 8, 12 and 15 inch line had joint separation and ground water infiltration. A video tape of the sanitary sewer line inspection is available if requested. We have programmed the worst segment, a 335-foot section of the 15-inch CMP line between 4th and 5th Streets under 61 st Avenue for relining this summer. The line is over 20 feet deep and has deteriorated joints allowing water and sand infiltration. Relining the CMP with a structural Insituform liner will not only restore the strength of the co!lector line, but will also seal and prevent ground water infiltratior� into the sanitary sewer system. This relining effort maintains the City's infrastructure and also produces a benefit to the metropolitan area by reducing ground water infiltration and treatment. The proposed project is estimated at $60,000 and wilt provide immediate infltration removal and support the continued community-wide program of sewage collector line repair of the entire 13,000 foot CMP. Request MWCC I& I grant approval for the City's sanitary sewer connector line infiltration repair project by relining 335 feet of 37-year old, 15-inch CMP sewer tine at � an estimated cost of $60,000 this summer. 1sc 16D 17 GTl( FRlD FOR CONCURRENCE BY THE CiTY COUNCIL (;AS S�Rj%TCIES Vern's Service & Supply 15605 Hwy 65 NE � Ham Lake MN 55304 Ben Faber �rENE�l. CQNTR�CTOR-COMMERCi,�AL Ron Conrad Construction Co Inc (4846) 5913 Pleasant Ave Minneapolis MN 55419 Ronald Conrad SFNFR I, COI�'R�lCTOR-RESIDENTIAL Lloyd Larson Construct�on Inc (4009} 1025 Northdale Blvd Coon Rapids Mn 55448 Lloyd Larson Norsten Exteriors (NONEj 37 Territorial Rd NE � Blaine MN 55434 Lonnie Norsten PLIT� Mike Larson Plumbing 3341 Delta Ave Minnetonka MN 55305 Mike Larson Minnesota Mechanical of Mpis-St Paul Inc 727 Vancialia St St Paul MN 55114 George Fredericks Whelan Co inc 1620 W 98th St Bloomington MN 55431 Mike Whelan �IGN ERF.CTOR SignArt 2170 Dodd Rd Mendota Heights MN 55120 Kevin Snyder 19A LICENSEB Gary Ford BldglMech Insp CLYDE WILEY Bldg Insp CLYDE WILEY Bldg Insp CLYDE WILEY Bldg Insp STATE aF MINN Same Same ' CLYDE WILEY Bldg Insp 0 � � � �' FOR CONCURRENCE BY THE CITY COUNCIL p��' February 21, 1993 1'ype of License: B,� Approved By: TEMPORARY ON.SALE LiQUOR �� Totino-Grace High School Greg Balego William Champa 1350 Gardena Ave. City Clerk Fridley, MN 55432 . GAMBL�NG PERMIT ' LICENSES Church of St.Wi)liams Hel.en Palmer James P. Hill 6120 5th St.N.E. Bus. Adm. Public Safety Director Fridley, MN 55432 T.R. McCoy's Richard Wrobel ° " " " 7850 Universi'ty Ave.N.E. Fridley, MN 55432 � � �� 19 Fees: � $I20.00 $25.00 $300.00 . . . ... . .. . .�. . .v: . � . �. . .�.�t (�•�(� � s .♦ .� �.i.r. .�.. ..w. ., .....x. _ • _ FOR CONCURRENCE BY THE CITY COUNCIL ��' February 21, 1993 . Type of License: B,r��. ApproVed By: TEMPORARY ON.SALE LiQUOR '- � Totino-Grace High School Greg Balego William Champa 1350 Gardena Ave. City Clerk Fridley, MN 55432 . . GAMBL�NG PERMIT ' LICEN8E8 Church of St.Wi)liams Helen Palmer James P. Hill 6120 5th St.N.E. Bus. Adm. Public Safety Director Fridley, MN 55432 T.R. McCoy's Richard Wrobel " " " " 7850 Universi'ty Ave.N.E. Fridley, MN 55432 � 19 ' Fees: � $I20:00 $25.00 $300.00 � FOR CONCURRENCE BY THE CITY COUNCIL �A� S�RVICES Vern's Service & Supply 15505 Hwy 65 NE � Ham Lake MN 55304 Ben Faber �'rF��CQNTRACTQR-COM ,�tCIAL Ron Conrad Construction Co Inc (4846) 5913 Pleasant Ave Minneapolis MN 55419 Ronald Conrad (TENER�L GOl�'��T „ACTOR-RESII��ly�'IAL Lloyd I.arson Construction Inc (40Q9) 1025 Northdale Blvd Coon Rapids Mn 55448 Lloyd Larson Norsten Exteriors (NONE) 37 Territorial Rd NE � Blaine MN 55434 Lonnie Norsten �'L�j1V $ING , Mike iarson Plumbing 3341 Delta Ave Minnetonka MN 55305 Mike Larsan Minnesota Mechanical of Mpls-St Paul Inc 727 Vandalia St St Paul MN 55 i 14 George Fredericks Whelan Co Inc 162p W 98th St Bloomington MN 55431 Mike Whelan �IGN ERECTOR SignArt 2170 Dodd Rd Mendota Heights MN 55120 Kevin Snyder 19A � . <> ..,., ,�.�,�.,4,�..>.,c,.�.,. ,.,.�..,.�,�, LICENSEB Gary Ford BldglMech Insp CLYDE WILEY Bldg Insp CLYDE WII,EY Bldg Insp CLYDE WILEY Bldg Insp STATE Z�F MINN Same - Same CLYDE WILEY Bldg Insp 0 :* . �r ; ., � . k ,'�,�e � ��.#P..'�:�� . �, , . K C^ `+'�K.!�;. '� FOR CONCURRENCE BY THE CITY COIINCIL F��, FEBRUARY 22, 1993 Barna, Guzy & S#effen, Ltd. 400 Northtown Financial Plaza 200 Coon Rapids Boulevard Coon Rapids, MN 55433 .f ESTIMATES Statement for Services Rendered as City Attorney for the Month of January, 1993 . . . . . . . . . . . . . . . . . . . . . . $ 2,116.28 Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, MN 55432 Statement for Services Rendered as City Prosecuting Attorney for _. the Month of January, 1993 . . . . . . . . . . . . . . . $ 12,791.25 � O