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02/07/1994 - 4909� A , ,: ;� � ,�-� _'. OFFICIAL CITY COUNCIL AGENDA COUNCIL MEETING FEBRUARY 7, 1994 / . . � . � . ��y:q t . . � . �. �'a�:; :W�• r / � anror Frooi.�r FRIDLEY CITY COUNCIL MEETING ATTENDENCE SHEET Monday, February 7r 1994 7:30 P.M. PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN PRINT NAME (CLEARLY) ADDRESS -,� .� ; � i" �� `e- � 7 � � � � ' � �" 5� i �� S �° r � �. �> � � �-�� '� �, �Z��l� %�'�� /� ��„�� % �� - � �.� .� ,�-�. �� : � ,�, � �� ;� � � � � �v,2kib�� 'J�LUnk� � .��C��-� /��"�%�„� ST� �� C��c%� ��; � L� `tk c��-�. L-4 � ITEM NUMBER � '� _ FRIDLEY CITY COUNCIL F�p�°F F�BRUARY 7, 1994 � PLEDGE OF ALLEGIANCE: � ,, � � PROCLAMATION: Child Passenger Safety Awareness Week February 13 - 19, 1994 APPROVAL OF MINUTES: City Council Meeting of January 18, 1994 ADOPTION OF AGENDA: FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 7, 1994 Page 2 PUBLIC HEARING: Ordinance Amending Chapter 205 of the Fridley City Code, Entitled "Zoning," and Chapter 211, Entitled "Subdivision," to Amend the Public Hearing Notification Radius . . . . . . . . . . . . . . . . . . . . . . 1 - 1 C Ordinance Amending Chapter 2 and Section 4.04 of the Fridley City Charter (City Council Organization, and Nominations and Special Elections) . . . . . . . . . . . . . . 2 - 2J Ordinance Amending Chapter 4 of the Fridley City Charter (Nominations and Elections) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 - 3D [�ElN �USINESS: Appointment: City Employee . . . . . . . . . . . . . . . . . . . . . 4 Resolution Approving and Authorizing Signing an Agreement Establishing Working Conditions, Wages and Hours of Police Officers of the City of Fridley Police Department for the Year 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 - 5W FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 7, 1994 Page 3 NEW BUSINESS (CONTINUED� Resolution In Support of a Renewal Application for a Minnesota Lawful Gambling Premise Permit to Knights of Columbus, Fridley . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 - 6A Resolution in Support of a Minnesota Lawful Gambling Application for Authorization for Exemption From Lawful Gambling License to the Church of St. William . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 - 7B Establish a Public Hearing for February 22, 1994, for Jang-Won Restaurant for an On-Sale Beer Liquor License . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Waive Temporary Sign Permit Fee and Deposit for the Minnesota Multiple Sclerosis Society . . . . . . . . . . . . . . . . . . . . . . . . 9 - 9D Resolution Approving Plat, P.S. #93-02, Shorewood Plaza Revised (Generally Located at the Intersection of Highway 65 and East Moore Lake Drive) . . . . . . . . . . . . . . . . . . . . . . 10 - 101 �. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 7, 1994 Page 4 NEW BUSINESS �CONTINUED�: First Reading of an Ordinance Under Section 12.07 of the City Charter to Vacate Streets and Aileys and to Amend Appendix C of the City Code (Vacation Request, SAV #93-03, by the City of Fridley) . . . . . . . . . . . . . . . . . . . . Receive the Minutes of the Planning Commission Meeting of January 12, 1994: ..........11-11C ........... 12-12Y A. Special Use Permit Request, SP #93-1.8, by Julie Brunner, . - , ` .to.Allaw:Accessor�.:Buildin�� . � . - : �O##ier� t�ian:.th,e First Acc.essory �. ��. . . . . , . . . . : �ui�lding; :!Qver�240:.Squar� � � � . F t G I ee , eneral y Located at � � 7235 East River Road N.E. . . . . . . . . . . . 12J - 12L . . ` .•.�. . ..�. : .12Q,-12V. : � A_ Establish a Public Hearing for February 22, 1994, for an Ordinance Recodifying the Fridley City Code, Chapter 205, Entitled "Zoning," by Adding 205.27 (0-4 Wetland District) and Renumbering Official Tit1e and Summary 205.28 . . ................ 12L-12M 12W - 12Y FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 7, 1994 Page 5 NEW BUSINESS (CONTINUED� Receive Items from the Appeals Commission Meeting of January 11, 1994: ...................................... 13-13EE A. Variance Request, VAR #93-35, by Samir Awaijane, Sam's Auto Body, to Reduce the Rear Yard Setback from 25 Feet to 10.5 Feet; to Reduce the Setback from a Residential District from 50 Feet to 35 Feet, all to Allow the Construction of a Storage Shed at 7570 Highway 65 N.E. . . . . . . . . . . . . . . . . . . . . . . . . . 13 - 13L B. Variance Request, VAR #93-36, by United Stores, to Reduce the Front Yard Setback from 35 Feet to 0 Feet; to Reduce the Hardsurface Setback from the Public Right-of-Way from 20 Feet to 10 Feet, all to Allow the Construction of an Addition at 785 - 53rd Avenue N.E. ............................ 13M -13EE Approve Amendment to Comprehensive Sign Plan for Rice Creek Business Center, Generally Located at 7120 University Avenue N.E. . . . . . . . . . . . . . . . . . . . . . . . . . . 14 - 14C FRIDLEY CiTY COUNCiL MEETiNG OF FEBRUARY 7, 1994 Page 6 NEW BUSINESS (CONTINUED): Reallocate the 1989 Community Development Block Grant Human Service Funds . . . . . . . . . . . . . . . . 15 Approve the 1994 Community Development Block Grant Application . . . . . . . . . . . . . . . . . . . . . . . . . 16 - 16H Receive Bids and Award Contract fior the Locke Lake Dam Restoration Project No. 211 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 - 17B Approve Change Order No. 2 for the 63rd Avenue Booster Station Project No.25C� .._.� ............................... 18-18B Resolution Ordering Advertisement for Bids; Removal and Replacement of Miscellaneous Concrete Curb, Gutter and Sidewalk - 1994 Project No.262 .................................... 19-19A FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 7, 1994 Page 7 William J. Nee Mayor Fridiey. MN ♦ �hild {�assenger �afety �Awareness �ee� �ebkuaKy 13 to 19, 1994 �W9�exe.as w�oto�. UeB�icQe c�asB�es aae tRe �uw�bex oke cause o{� de.atR o�- cB�iQdxe,� oUe,� tRe ac�e o� six wwKtRs ik t�ie Ukite,d States; aKd �1n�6�exeas wwtie tRa� 600 eR.iQdxeK i� JV�iK�esota ukde�. t9�e a�e o{� {�it7e yeaxs oP,�i urexe {2ie2ed iK wtotoh. Ve.�icQe cKasRes i� 1992; aKd �1-J�e�.eas wtoton c�e�iC�,e C�asB�es a�e t�e �eadiac� tnauw�a-ne�ated cause o� spikae Cotid ixju�y, epi�epsy a�d w�e�lta� ttetandatio� i� t9�e UKite.d States; a�+d �W9�e�eas aQe 50 states akd tRe�istxiet o{� C;o�uw�bia Rave e,�aete.d �aws KequixiKc� tRe use o{� c9�iQd passe��ex p�otectioK syste.�s; a�d �lRexe.as Katio�wide Studies eStiwtCtte tRat 25 peACe.ut o� eR�ed sa�e.ty se.ats a�e se��ous�y w�isused; aKcl �WRexeas �eseaneR s�o�rs t�at �,Re� used co��ectey, e�� ed passe.��en p�otect�o� deu�ces aAe 70 pehCe,�t e(�(�e.Ctilie i�1 p�ette�ttiK� deat� a�d 67 pence�tt e��eCtil7e ia phet7e�ti�C� SeAiouS ikjuRy; .No�,�T��o� 8� rr�so��V� t�at r, ��ee�a�J..N�., Mayo� o� t�� ty o� ��de� ��y p�o��a�►� ��uany � - lg: �hild �assenger Rwareness �ee� iK tRe �,'ity o�- �nideey_ B� ��Uf21-�l�1212�SOL�V�D tRat �nidee.y citize�s ane u�ged to buc{��etRew�se�ues a�d t�e�n c��edne� �� du�[�� t�is �e.e� a�d t�e �t��e yea�. �rR�ee dniu��. ��W1TJl(�SS 9�(d�l �l2�0�, I Rac�e set wty �a�d akd eaused tRese.ae o�- tRe C�ty o� �RidQe,� to be a{�{�ixed tB�is seveutR day o�- �eb�uaKy, 1994. William J. Nee, Mayor THT MINtJTEB OF THB FRIDLBY CITY COtJNCIL MEBTINC� OF JANUARY 18, 1994 0 I J THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF JANUARY 18, 1994 The Regular Meeting of the Fridley City Council was called to order at 7:35 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL• MEMBERS PRESENT: Mayor Nee, Councilwoman Jorgenson, Councilman Billings, and Councilman Schneider MEMBERS ABSENT: None APPROVAL OF MINUTES: COUNCIL MEETING, JANUARY 3, 1994: MOTION by Councilman Schneider to approve the minutes as presented. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: PARKING PROBLEM AT MOORE LAKE APARTMENTS: Mr. David St.ewart, owner of the Moore Lake Apartments, stated that he was here this evening regarding the parking problem at Moore Lake Apartments. He stated that there are 64 apartments at this complex and less than ninety parking spaces, which does not accommodate all the tenants. He stated that this causes substantial problems for the tenants as well as the on-site managers. He stated that the tenants cannot have visitors because there is no place to park. He stated that he wished to request the Council to lift the parking ban on Lynde Drive to ease some of these parking problems. Mr. Stewart stated that he would like to know how to proceed to get this matter on the agenda, as it is an emergency situation. He stated that they are involved in an improvement project for the apartment complex, and the apartments are one hundred percent occupied. He felt that if the problem was not resolved, they would be losing good tenants. Mr. Stewart stated that he met last summer with members of City staff, Barb Dacy and Steve Barg, as well as the owner of the property immediately behind the apartment complex to discuss acquiring this property; however, that did not materialize. He FRIDLEY CITY COUNCIL MEETING OF JANUARY 18 1994 PAGE 2 stated that the cost to upgrade this property is insurmountable, as it would need to be filled. He stated that since that time, they have been busy with the rehabilitation of the complex, and nothing further has been done in regard to the parking issue. H� stated that he had asked about acquiring the single family lot behind the apartment complex, but the information he received was that it was designated for a single family home, and it would not be available. He stated that he would like to explore this possibility. Councilman Schneider asked if the parking improvements could be considered part of the rehabilitation program in the City. Mr. Burns, City Manager, stated that it may be possible that tax increment financing could be used to solve the parking problem, but more study would be needed. Mr. Burns stated that he believed that staff's interpretation of the meetings with Mr. Stewart was that the owners were not interested in purchasing any property until their remodeling was completed. Councilwoman Jorgenson asked Mr. Stewart if the parking restrictions were lifted on Lynde Drive, would property be purchased to expand the parking? Mr. Stewart stated that he realizes there needs to be a solution to the parking problem. He felt that� the owners were ready to commit to working with staff and neighboring landowners to try to solve this problem; however, there certainly are some economic limitations. Councilwoman Jorgenson asked if �here was a fire designated lane. Mr. Burns stated that he understands there is no fire lane on Lynde Drive in the area they wish to use for additional parking. Councilwoman Jorgenson stated that the improvements at this apartment complex have been noticed by the neighborhood, and they are flourishing under the on-site manager's direction. Mr. Stewart stated that if the parking ban is removed, it would allow time to work with the City to solve this problem. He stated that he felt the issue could be resolved. Councilman Schneider felt that perhaps parking could be allowed on the street until May l, 1994, with the understanding that staff and the owners will work diligently to find alternative solutions. Mr. Stewart stated that he would work with staff to solve the problem. If parking was allowed on the street until May 1, 1994, it would be satisfactory with him. FRIDLEY CITY COUNCIL MEETING OF JANUARY 18 1994 PAGE 3 Mayor Nee stated that if there is no objection, a motion would be made at the end of the meeting to suspend taking action on Mr. Stewart's request. 1. RECEIVE THE STATEMENT OF CANVASS FROM THE JANUARY 11 1994 WARD 3 SPECIAL ELECTION: MOTION by Councilman Schneider to receive the Statement of Canvass from the January 11, 1994 Ward 3 Special Election. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mayor Nee stated that this special election for the Ward 3 Council seat was won by Ann Bolkcom who received 203 of the 551 votes. ADMINISTRATION OF OATH OF OFFICE TO ELECTED OFFICIAL: Mr. Champa, City Clerk, administered the Oath of Office to the newly elected official, Ann Bolkcom. Councilwoman Bolkcom thanked her husband, Harry, her campaign manager, Wayne Jones, all her supporters, and her volunteer workers. She stated that she has a lot to learn, and she is looking forward to working with the Council. PUBLIC HEARINGS: 2. PUBLIC HEARING ON 1994 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ALLOCATION: MOTION by Councilwoman Jorgenson to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee deciared the motion carried unanimously and the public hearing opened at 8:08 p.m. Mr. Grant Fernelius, Housing Coordinator, stated that this public hearing is to consider activities to be funded by the Community Development Block Grant Program. He stated that the County has indicated that the City should receive the same allocation as last year or about $134,400. He stated it is proposed that the funds be used as follows: $2,500 for the Senior Outreach Program; $2,500 for the Senior Home Companion Program; $25,000 for Human Services; $103,400 for Housing Rehabilitation; and $1,000 for the County's administration fee. Mr. Fernelius stated that it is recommended that Council consider public comments at this public hearing. The actual funding application will be submitted at the Council meeting o.n February 7, 1994. Councilman Billings stated that $3,034 needs to reallocated from the 1989 CDBG funds. He stated that it would be his suggestion that these funds be used for the Senior Outreach Worker in the City, making a total of $5,534 available for the Senior Outreach Worker. FRIDLEY CITY COUNCIL MEETING OF JANUARY 18 1994 PAGE 4 Ms. Hendricks, Coordinator of Senior Programs for the County and Ms. Weidmann, Senior Outreach Worker for Fridley, were present to answer any questions. No other persons in the audience spoke regarding the proposed allocation of the 1994 Community Development Block Grant Funds. MOTION by Councilman Schneider to close the public hearing. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:12 p.m. OLD BUSINESS: 3. 1994 CITY COUNCIL APPOINTMENTS TO VARIOUS AGENCIES: AND LIST OF COMMISSION MEMBERS WHOSE TERMS EXPIRE APRIL 1 1994 AND JUNE 9, 1994 (TABLED JANUARY 3, 1994): MAYOR PRO TEM• MOTION by Councilwoman Jorgenson to nominate Councilman Schneider for Mayor Pro Tem. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the mot�ion carried unanimously. ANOKA COUNTY LAW ENFQRCEMENT COUNCIL: Councilwoman Jorgenson stated that she has been the representative to the Anoka County Law Enforcement Council; however, she has a conflict with the day of ineetings and would rather not be appointed as the Representative. Instead, she would be willing to serve as the Alternate. She stated that she spoke with Councilman Schneider to see if he would be willing to serve as the Representative, and this is agreeable with him. MOTION by Councilwoman Jorgenson to nominate Councilman Schneider as Representative to the Anoka County Law Enforcement Council. There being no further nominations, the nominations were closed by Mayor Nee, and a unanimous ballot was cast for Councilman Schneider to serve as Representative to the Anoka County Law Enforcement Council. MOTION by Councilman Schneider to nominate Councilwoman Jorgenson as Alternate to the Anoka County Law Enforcement Council. There being no further nominations, the nominations were closed by Mayor Nee, and a unanimous ballot was cast for Councilwoman Jorgenson to serve as Alternate to the Anoka County Law Enforcement Council. SU$URBAN RATE AUTHORITY: MOTION by Councilwoman Jorgenson to appoint John Flora, Public Works Director, as Representative and Scott Erickson, Assistant FRIDLEY CITY COUNCIL MEETING OF JANUARY 18 1994 PAGE 5 Public Works Director, as Alternate to the Suburban Rate Authority. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ASSOCIATION OF METROPOLITAN MUNICIPALITIES: MOTION by Councilman Schneider to nominate Councilwoman Jorgenson as Delegate to the Association of Metropolitan Municipalities. There being no further nominations, the nominations were closed by Mayor Nee, and a unanimous ballot was cast for Councilwoman Jorgenson to serve as Delegate to the Association of Metropolitan Municipalities. MOTION by Councilman Schneider to nominate Councilwoman Bolkcom as Alternate to the Association of Metropolitan Municipalities. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. SCHOOL DISTRICT NOS. 13 AND 14: MOTION by Councilwoman Jorgenson to nominate Councilwoman Bolkcom as Representative to School District Nos. 13 and 14. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to nominate Councilman Billings as Alternate to School District Nos. 13 and 14. There being no further nominations, the nominations were closed by Mayor Nee, and a unanimous ballot was cast for Councilman Billings to serve as Alternate to School District Nos. 13 and 14. SCHOOL DISTRICT NO. 16: MOTION by Councilman Schneider to nominate Councilman Billings as Representative to School District No. 16. There being no further nominations, the nominations were closed by Mayor Nee, and a unanimous ballot was cast for Councilman Billings to serve as Representative to School District No. 16. MOTION by Councilman Billings to nominate Councilman Schneider as Alternate to School District No. 16. There being no further nominations, the nominations were closed by Mayor Nee, and a unanimous ballot was cast for Councilman Schneider to serve as Alternate to School District No. 16. LEAGUE OF MINNESOTA CITIES: MOTION by Councilman Schneider to nominate Councilman Billings as Representative to the League of Minnesota Cities. FRIDLEY CITY COUNCIL MEETING OF JANUARY 18, 1994 PAGE 6 There being no further nominations, the nominations were closed by Mayor Nee, and a unanimous ballot was cast for Councilman Billings to serve as Representative to the League of Minnesota Cities. MOTION by Councilman Schneider to nominate Councilwoman Jorgenson as Alternate to the League of Minnesota Cities. There being no further nominations, the nominations were closed by Mayor Nee, and a unanimous ballot was cast for Councilwoman Jorgenson to serve as Alternate to the League of Minnesota Cities. NORTH METRO CONVENTION & VISITORS BUREAU: MOTION by Councilwoman Jorgenson to nominate William Hunt, Assistant to the City Manager, to serve as the City's representative to the North Metro Convention and Visitors Bureau. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilwoman Jorgenson to table the Commission appointments, and to request staff to contact the members to determine if they are interested in reappointment, and submit information on attendance at Commission meetings this past year. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 4. AWARD CONTRACT FOR THE 64TH AVENUE STORM SEWER PROJECT NO. 260: (TABLED JANUARY 3, 1994): Mayor Nee removed this item from the table. Mr. Flora, Public Works Director, stated that the Council received the bids for this project at their January 3, 1994 meeting. He stated that the low bidder was Bonine Excavating, Inc. at $111,611.82. He stated that the total cost for this project is $172,715.82, which includes $19,000 for design and $41,904 for the storm sewer pipe installed on 64th Avenue. Mr. Flora stated that 41 properties will be assessed $1,000 each for a total of $41,000, and the County has agreed to participate in the storm water project in the amount of $23,285. He stated that this leaves $108,430.82 to be funded by the City. Mr. Flora stated that this project is an attempt to satisfy some of the drainage problems of this area and should alleviate the normal reoccurring rainfall complaints. He recommended that Council award the contract for this project to the low bidder, Bonine Excavating, Inc. at $111,611.82. Councilman Schneider stated that.since the original estimated cost to the City for this project was $67,000 and the cost is now $108,000, he asked if any projects currently planned would be in jeopardy. FRIDLEY CITY COUNCIL MEETING OF JANUARY 18 1994 PAGE 7 Mr. Flora stated that based on residual projects from 1993 and the projects from 1994 through 1996, there would be a positive balance for the improvements contemplated for these years. Councilwoman Jorgenson asked if the difference in cost was for the storm sewer pipe. Mr. Flora stated that the cost of the pipe was more than anticipated, but by re-advertising for bids five percent of the unit cost of the materials was saved. Councilman Schneider stated that he felt this project needed to be done, but his concern is that it would be unfair to elimin�te other projects form the long range plan to cover this additional cost. He stated that he is more comfortable if the City can proceed with these other projects with contingency funding within the storm water fund. Mr. Flora stated that there are funds within the storm water fund to cover this project and others that were planned over the next three years which still have a positive balance. Mr. Burns, City Manager, stated that this project does bring the balance in the storm water fund fairly low, as revenues for this fund are about $134,000 per year. He stated that there would not be a lot of revenue to keep doing projects of this magnitude. He stated that this is a non-budgeted item, but there are some contingency funds. MOTION by Councilman Schneider to award the contract for the 64th Avenue Storm Sewer Project No. 260 to the low bidder, Bonine Excavating, Inc., in the amount of $111,611.82. Seconded by Councilwoman Jorgenson. Councilman Billings stated that if this project proceeds, $108,000 will be taken out of the Five Year Capital Improvement Plan which was a contingency for increased costs for proposed proj ects in this plan. He stated that one project in particular, Stonybrook Creek, could cost a considerable amount of money. He stated that Council should be prepared for the fact that the projects in the Five Year Capital Improvement Plan may come in over budget, and funds may have to be transferred from the General Fund. He stated that it is his understanding that Council does not want to eliminate any projects in the Five Year Capital Improvement Plan for the sake of this project. Councilman Schneider stated that it would not be his intent to use other funds, but perhaps this may have to be done. Mayor Nee indicated that his feelings were the same as Councilman Schneider's. Councilman Billings stated that he wanted to make sure the Council is cognizant of the fact that there are a number of projects that have been proposed for many years if project is brought through the FRIDLEY CITY COUNCIL MEETING OF JANUARY 18 1994 PAGE 8 "back door," so to speak, he is very concerned other residents may have to put up with water in their back yards for a number of years. He stated that if he hears Councilman Schneider and Mayor Nee clearly, that is not their intent, as they would support transferring funds into this storm water fund. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. Mr. Joe Nelson stated that on behalf of the neighborhood, he appreciates Council's action to proceed with this project. 5. RESOLUTION NO. 9-1994 DESIGNATING.OFFICIAL NEWSPAPER FOR THE YEAR 1994 (TABLED JANUARY 3, 1994): Mayor Nee removed this item from the table. Mr. Pribyl, Finance Director, stated that he has contacted ABC Newspapers regarding expanding their coverage in the City. He stated that they have advised that they have no plans to expand into Fridley and, based on that information, this resolution is presented to designate Focus News as the primary newspaper and the Star Tribune as the City's second newspaper. Councilman Billings stated that in the last issue of Focus News, it was stated that Focus News is the only newspaper to qualify as the City's official newspaper and not the Star Tribune. Mr. Pribyl stated that staff researched this, and he did not know where Focus News found that they are the only newspaper that would be allowed as the official newspaper.' He stated that any newspaper with general circulation can be the official newspaper for. publications of the City. Councilman Billings stated that he moved to table this item at the last Council meeting and requested staff to determine if another publication was interested in serving Fridley. He stated that he received a call from the editor of Focus News, and he chose not to. return that call because of a quote which may go into Focus News. He stated that there was information in Focus News regarding the election in Ward 3 which indicated that all the voters in the City were allowed to vote. This was confusing for many of the residents, as only the voters in Ward 3 could vote in this special election. Councilman Billings stated that it seems Focus News articles.have been more sensationalistic rather than presenting the facts. He stated that it is a situation where the current editorial staff feels they are trying to create the news rather than reporting the news. He stated that he does not like it when a newspaper presents information that makes it seem like this Council is non-responsive to the voters of the City. He stated that he resents the fact that it is the only newspaper in the City with reasonable rates for the City's publishing,.and he regrets he has to be part of a newspaper that sensationalizes the news. FRIDLEY CITY COUNCIL MEETING OF JANUARY 18 1994 PAGE 9 Councilman Billings stated that an example was when Mr. Paquin was in to speak with the Council regarding a problem in his neighborhood. He stated that Focus News in their next issue had a picture of the home of the resident who was creating the problem. He stated that since this article has appeared, this resident feels the City is out to get him and is now not cooperative. He stated that another example was when the Council was considering the abatement ordinance, and there was a picture of someone's home. The residents were offended that they were the center of news of the abatement hearing. Councilman Billings stated that Doug Erickson was a good reporter and presented the facts. He stated that he also enjoyed Ross Daly's column. It is amazing how a change of an editor can change the perspective of a news organization. Mr. Meade, editor of Focus News, stated to Councilman Billings that if he had a problem to call him. He stated that the City has a newsletter and can put what they want in the newsletter. He stated that if it wasn't for the article he did on the nuisance ordinance, the City would not have had anyone at the meeting. He stated that he writes the stories as he sees them. Mr. Meade stated that he called Councilman Billings because he wanted to talk to him personally. He stated that he feels he is a good editor. If anyone has a problem, they should talk to him about it. He stated that he has heard nothing from any of the City staff. He stated that Councilman Billings has his opinion as to what a newspaper should be, and he has his opinion but keeps it to himself. He stated that he does not like sensational articles. Mr. Meade stated that the first priority in selecting a newspaper is that it has to have an office based in Fridley. He stated that if anyone has a problem they should call and talk to him about it. Councilman Billings stated that he did not contact Mr. Meade, as he feared what the quote would be in the newspaper after a conversation with him. He stated that there have been numerous articles in Focus News where the facts were not correct. Councilman Billings stated that if Mr. Meade can honestly say there was no intent of the box article to indicate he was wrong in tabling this issue, he apologizes. He stated that this is where he chooses to make his statements. He does not consider himself wrong in responding to the questions and facts before the Council. Mayor Nee stated that the item before the Council is an advertising issue. There is a strict line that should be drawn between the editorial group and advertising group. He stated that he does not agree with the statement that the newspaper chosen by the City has to have an office in Fridley. MOTION by Councilwoman Jorgenson to adopt Resolution No. 9-1994. Seconded by Councilman Schneider. Upon a voice vote, Councilwoman Jorgenson, Councilman Schneider, Mayor Nee, and Councilwoman FRIDLEY CITY COUNCIL MEETING OF JANUARY 18 1994 PAGE 10 Bolkcom voted in favor of the motion. Councilman Billings voted against the motion. Mayor Nee declared the motion carried. Mr. Richard Roberts, publisher of Focus News, thanked the Council for their vote. He stated that he felt he needed to respond. He stated that they are not a sensationalist paper. He stated that they are trying very hard to build readership so that the items before the Council are read by the people. He stated he feels that Focus News does a very good job in finding the interesting items that happen at Council meetings and bringing them forward so that the people who don't view the Council meetings on television or come to the meetings know what is happening. He stated that everything that happens at Council meetings is not newsworthy. He stated that you have to be careful when news organizations are called sensationalists. He stated that he takes it very personally when people are disgruntled with Focus News, and he has worked three long years to get the newspaper where it is now. He stated that he would welcome talking to Councilman Billings, as there has not been a person he has not learned from, and the door is open. He stated-that, hopefully, they can become better, and the Council also become better because of them. 6. RESCHEDULE PUBLIC HEARING DATE ON ORDINANCE AMENDING CHAPTER 2 AND SECTION 4.04 OF THE FRIDLEY CITY CHARTER: MOTION by Councilman Schneider to reschedule this public hearing for February 7, 1994. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7. RESCHEDULE PUBLIC HEARING DATE ON ORDINANCE AMENDING CHAPTER 4 OF THE FRIDLEY CITY CHARTER: MOTION by Councilman Schneider to reschedule this public hearing for February 7, 1994. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS• 8. APPOINTMENTS: CITY EMPLOYEES: Mr. Burns, City Manager, stated that the first appointment is a promotional appointment for Mary Smith as Appraiser for the City. He stated that Ms. Smith was hired in August, 1987 as a part-time Special Assessment/Utility Billing Clerk and became an Assessment Clerk in January, 1990. He stated that she successfully completed course work and was awarded the Certified Minnesota Assessor Designation. In January, 1992 she became an Assessment Clerk/ Appraiser Assistant. Mr. Burns stated that he was pleased to recommend Mary Smith for appointment as Appraiser for the City. FRIDLEY CITY COUNCIL MEETING OF JANUARY 18 1994 PAGE 11 Mr. Burns stated that the next appointment is Gregory Salo as Patrol Officer. He stated that Mr. Salo has lived in Fridley all his life and attended public schools in Fridley. He stated that Greg attended Anoka-Ramsey Community College and North Hennepin Community College and completed the police officer skills component at Alexandria Technical Institute. Mr. Burns stated that Greg has been a volunteer and paid employee for the City at Springbrook Nature Center and a Community Service Officer for the Police Department. He stated that he also worked as a security officer at Northtown Mall and has been involved with the Fridley Police Explorer Post since 1989. He is currently an associate advisor to the post. Mr. Burns stated that he was pleased to recommend Greg Salo for appointment as Patrol Officer. Mr. Burns stated that the final appointment is Jeffrey Smith as Patrol Officer. He stated that Mr. Smith was raised in St. Paul and attended private schools. He stated that he received his AA degree from Lakewood Community College and completed the police officer skills component at Alexandria Technical Institute. He stated that Jeff worked for the Minnesota Zoological Gardens and also worked part-time for American Security, United Parcel, and Host International. Mr. Burns stated that he was pleased to recommend Jeff Smith for appointment as Patrol Officer. � MOTION by Councilwoman Jorgenson to concur with the following appointments by the City Manager: Name Mary Smith Gregory Salo Jeffrey Smith Position Appraiser Non- Exempt Patrol Officer Non- Exempt Patrol Officer Non- Exempt Starting Salarv Si�.Ss per hour $3,047.20 per month $2,121.00 per year (1993 rate) $2,121.00 (1993 rate) Starting Date Jan. 1, 1994 Jan. 19, 1994 Jan. 19, 1994 Replaces Jeffrey Nienaber Todd Mitchell New Hire Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETING OF JANUARY 18 1994 PAGE 12 8A. PRESENTATION BY COUNTY COMMISSIONER JAMES KORDIAK RE: WASTE MANAGEMENT FEES• Anoka County Commissioner James Kordiak stated that he was here this evening to discuss the service fee which will appear on the property tax statements in 1994. He stated that about three years ago a$3 million garbage facility was constructed, and additional funds were expended to update the burning facility. He stated that this is a state-of-the-art facility which was mandated by the State Legislature and provides one of the fastest methods to handle the waste. Commissioner Kordiak stated that this facility was operating very successfully for three years; however, there has been a problem in the past year or so. He stated that all of Anoka County's waste is hauled to this facility at Elk River and is funded by the charges for dumping waste at the plant. He stated that recently haulers prefer to haul their waste to another state, as it is less costly, and this has had a serious effect on the County's facility. He stated that because it is necessary to continue operations at this plant, the County had to look for a solution and, therefore, are adding a service fee to the property tax statements. Mr. Tinklenberg, Deputy County Administrator, reviewed the costs for property owners in Anoka County. He presented a chart showing that owners of single family homes would pay $36.09 per year; mobile home park owners would pay $28.87 per pad, and apartment complex owner.s would pay $23.46 per apartment. He stated that non- residential categories are based on values as follows: $25,000- $200,000, $79.97 per year; $200,001-$500,000, $259.72 per year; $500,001-$1,000,000, $584.21 per year, and over $1,000,000, $2,047.71 per year. Commissioner Kordiak stated that the County would be reviewing the rates in the months ahead, as this is a new system for the County. He stated that he believed this is a good solution, and the end result is that the hauler will be saving $28 for every ton of waste hauled to the plant. He stated that the hauler should be able to pass this saving on to the homeowner. He stated that a little over half of the funding for this facility would come from the haulers, 34 percent of the funds would come from the property owners, and the balance from other sources. Mr. Tinklenberg stated that the County Board made the decision that the users of the system would pay for it. He felt that every one of the County Commissioners would prefer the system remain as it is now, but with the court decisions that haulers could haul their waste to other states, the County has no other alternative than to find other methods of funding. Councilman Schneider stated that it would seem it would be more expensive to load garbage on a truck and haul it away, but apparently, this is not the case. He asked why it was less costly to haul garbage to other states. FRIDLEY CITY COUNCIL MEETING OF JANUARY 18, 1994 PAGE 13 Commissioner Kordiak stated that landfill rates out of state are about $24 per ton. The County is charging $49, so it is affordable to haul the garbage out of state. He stated that in Wisconsin, for example, the waste is dumped in a hole but at Anoka County it is disposed of in an environmental fashion. Mr. Tinklenberg stated that if this facility was closed it would cost each property owner between $50 and $75 per year to pay for the empty facility. Commissioner Kordiak stated that because of the laws passed by the legislature, waste cannot be dumped into the ground. He felt that with the fee, the County should be able to keep the waste in the State. Councilwoman Jorgenson stated that she was happy to report that her hauler has decreased his fees. Councilman Billings asked if any action was necessary by the Council or if this was being presented as information only. Commissioner Kordiak stated that this is for information, and it is anticipated that the County will inform all taxpayers of this fee. 9. RECEIVE BIDS AND AWARD SERVICE CONTRACT FOR STREET SWEEPING: AND RECEIVE BIDS AND AWARD SERVICE CONTRACT FOR TREE AND STUMP REMOVAL: MOTION by Councilwoman Jorgenson to receive the following proposals for Street Sweeping: BIDDER Allied Blacktop Clean Sweep BID $59.75 per hour (labor and equipment) � $69.50 per hour (labor and equipment) Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Flora, Public Works Director, stated that two proposals were submitted for the City's annual street sweeping. He stated that the low bid was from Allied Blacktop at $59.75 per hour. MOTION by Councilman Schneider to authorize execution of the contract with Allied Blacktop for street sweeping services at $59.75 per hour. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETING OF JANUARY 18, 1994 PAGE 14 MOTION by Councilman Schneider to receive the following proposals for Tree and Stump Removal: BIDDER• Outside Services Bluemel's Tree Service Ceres Tree Service Outside Services Bluemel's Tree Service Ceres Tree Service outside Services Bluemel's Tree Service Ceres Tree Service COST• $ 30.00 $ 35.00 $ 38.88 $ 40.00 $ 50.00 $ 58.32 $ 60.00 $ 65.00 $ 81.00 Outside Services $ 80.00 Bluemel's Tree Service $ 85.00 Ceres Tree Service $106.92 Outside Services $100.00 Bluemel's Tree Service $105.00 Ceres Tree Service $136.08 Outside Services Bluemel's Tree Service Ceres Tree Service outside Services Bluemel's Tree Service Ceres Tree Service Outside Services Bluemel's Tree Service Ceres Tree Service Outside Services Bluemel's Tree Service Ceres Tree Service Outside Services Bluemel's Tree Service Ceres Tree Service $130.00 $i3o.00 $168.48 $160.00 $155.00 $198.72 $195.00 $190.00 $237.60 $ 30.00 $ 30.00 $ 31.20 TREE DIAMETER; 0 - 5.9" 6 - 7.9" 8 - 9.9" 10 - 11.9" 12 - 13.9" 14 - 15.9" 16 - 17.9" 18 to 19.9" Per 2" over 20" $ 3.00/1" diameter (stumps) $ 2.50/1" diameter (Stumps) $ 3.00/1" diameter (Stumps) Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Flora, Public Works Director, stated that three proposals were received for the City's annual tree and stump removal. He stated that Outside Services of Anoka was the low bidder. MOTION by Councilman Schneider to authorize execution of the contract for tree and stump removal services with Outside Services,. the low bidder. Seconded by Councilwoman Jorgenson. Upon a voice FRIDLEY CITY COUNCIL MEETING OF JANUARY 18 1994 PAGE 15 vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. RECEIVE BIDS AND AWARD CONTRACT FQR WELL REPAIR PROJECT NO. 264, WELLS NO. 1 AND 8: Mr. Flora, Public Works Director, stated that five bids were received for this well repair project. He stated that the low bidder for Well No. 1 was Mark Traut Wells, Inc. at $21,975, and the low bidder for Well No. 8 was Bergerson Caswell at $15,450. MOTION by Councilwoman Jorgenson to receive the following bids for Well Repair Project No. 264, Wells No. 1 and 8: WELL NO. 1: BIDDER• Mark Traut Wells St. Cloud, MN 56301 Layne Minnesota Minneapolis, MN 55418 Bergerson Caswell Maple Plain, MN 55359 Keys Well Drilling St. Paul, MN 55104 E.H. Renner & Sons Elk River, MN 55330 WELL NO. 8: BIDDER: Bergerson Caswell Maple Plain, MN 55359 Layne Minnesota Minneapolis, MN 55418 Mark Traut Wells St. Cloud, MN 56301 Keys Well Drilling St. Paul, MN 55104 E.H. Renner & Sons Elk River, MN 55330 TOTAL BID: $21,975.00 $23,679.00 $23,722.00 $24,245.00 $29,932.82 TOTAL BID• $15,450.00 $17,901.00 $18,104.50 $21,175.00 $23,306.00 5econded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETING OF JANUARY 18, 1994 PAGE_16 MOTION by Councilman Schneider to award the contract for the repair of Well No. 1 to the low bidder, Mark Traut Wells, in the amount of $21,975.00. Seconded by Councilman BiZlings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MoTION by Councilwoman Jorgenson to award the contract for the repair of Well No. 8 to the low bidder, Bergerson Caswell, in the amount of $15,450.00. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11. RECEIVE BIDS AND AWARD CONTRACT FOR SANITARY SEWER REPAIR PROJECT NO. 263• MOTION by Councilman Schneider to receive the following bids for Sanitary Sewer Repair Project No. 263: BIDDER BASE BID ALT. BID Insituform Central, Inc. $39,894.40 $32,899.00 TOTAL BID $72,793.40 Visu-Sewer Clean & Seal, Inc. $45,172.00 $31,396.00 $76,568.00 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 the base bid was for relining the sanitary sewer line on 61st Avenue where it crosses under University Avenue and the alternate bid was added for relining the section of sanitary sewer line on 61st Avenue between 6th and 7th Streets. He stated that funding for the base project is budgeted in the Five Year Capital Improvement Sanitary Sewer` Fund for $65, 000, and the alternate project is for 1996 at $60, 000. He stated that an additional $7,934.40 would need to be allocated this year in order to line both sections of the sanitary sewer line. Mr. Flora stated that it is recommended that the bid be awarded to the low bidder, Insituform Central, Inc. , for both the base and the alternate bids. Councilman Billings stated that the allocation proposed for this repair is $125,000, and the bid was $72,793.40. He stated that, as he understands, if the Council authorizes the additional $7,934.40, the savings would be the difference of this amount and the amount of $60,000 projected for 1996. MOTION by Councilman Billings to award the contract for the Sanitary Sewer Repair Project No. 263 to the low bidder, Insituform Central, Inc. in the amount of $39,894.40 for the base bid and $32,899.00 for the alternate bid for a total bid of $72,793.40. Seconded by Councilwoman Jorqenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETING OF JANUARY 18 1994 PAGE 17 MOTION by Councilman Billings to authorize an additional $7,934.40 to be allocated for expenditures in 1994 that from the Sanitary Sewer Fund. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Pribyl, Finance Director, stated that this action actually amends the Five Year Capital Improvement Program by having some of the work proposed for 1996 done in 1994. 12. RESOLUTION NO. 10-1994 ORDERING IMPROVEMENT, APPROVAL OF PLANS AND ORDERING ADVERTISEMENT FOR BIDS FOR CORRIDOR MAINTENANCE PROJECT NO. 266• MOTION by Councilman Billings to adopt Resolution No. 10-1994. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13. RESOLUTION NO. 11-1994 APPROVING THE SPECIFICATIONS AND ORDERING THE ADVERTISEMENT FOR BIDS FOR FIRE DEPARTMENT ENGINE COMPANY (CLASS A PUMPER): MOTION by Councilman Schneider to adopt Resolution No. 11-1994. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 14. INFORMAL STATUS REPORTS: Mr. Burns, City Manager, stated that there were no informal status reports. 15. CLAIMS• MOTION by Councilman Billings to authorize payment of Claim Nos. 53435 through 53738. Seconded by Councilman Schneider. 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 Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 17. ESTIMATES• MOTION by Councilman Schneider to approve the estimates as submitted: Barna, Guzy & Steffen, Ltd. 400 Northtown Financial Plaza 200 Coon Rapids Boulevard Coon Rapids, MN 55433 FRIDLEY CITY COUNCIL MEETING OF JANUARY 18 1994 PAGE 18 Statement for Services Rendered as City Attorney for the Month of December, 1993 . . . . . . . . . . . . . . $ 3,839.55 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 November, 1993. . . . . . . . . . . .$11,985.15 Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 18. PARKING - LYNDE DRIVE (MOORE LAKE APARTMENTS): MOTION by Councilman Schneider to suspend the rules to allow a motion regarding parking on Lynde Drive. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to authorize parking on the north side of Lynde Drive until May 1, 1994, with the condition that the owners and/or managers of Moore Lake Apartments work with City staff to develop an alternative solution to the parking problems without relying on on-street parking. Further, that staff submit a written report on this progress to Council by March 15, 1994. Seconded by Councilwoman Jorgenson. Councilman Billings asked what has changed now that Council should authorize parking on Lynde Drive. He stated that there obviously was a good reason for not allowing parking on the street. Councilman Schneider stated that the reason for the motion is that the owners have made a substantial investment in the property to create a better neighborhood. He stated that he is sympathetic that the owners will not be able to retain the tenants if there is not parking. He stated he trusts that Mr. Stewart is willing to work on a solution to this problem. Councilman Billings stated that because he is unable to reconstruct the circumstances that parking was not allowed on Lynde Drive, he would be willing to support the motion for temporary remaval of the "no parking" signs. He stated that once May 1 comes, he will be much more concerned with whether or not parking is allowed on Lynde Drive. Councilman Schneider stated that he shares Councilman Billings concern. If May 1, 1994 comes and the situation is exactly where it is today, then Mr. Stewart has a problem. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETING OF JANUARY 18 1994 PAGE 19 Mr. Stewart stated that he has spoken with the Fire Chief, Mr. McKusick, and will keep the parking space open in front of each entrance to Lynde Drive. Mr. McKusick, Fire Chief, stated that his concern is access for fire and emergency vehicles. He stated that he would work with Mr. Stewart on this issue. Councilman Schneider stated that the issue of a fire lane was raised earlier in the discussion. Mr. Burns stated that he understood there was no fire lane. Mr. McKusick stated that the reason there are no fire lanes was because no parking was allowed on the street, and if this changes, it also changes the emergency access situation. He stated that Mr. Stewart did assure that spaces would be open for emergency vehicles. Councilman Billings stated that he would request that the Public Works Department and Fire Department work together to leave signs in the areas that are essential for fire and emergency access. Councilwoman Jorgenson stated that she wanted to make sure there is good access to the buildings for emergency services. ADJOURNMENT• MOTION by Councilwoman Jorgenson to adjourn the meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of January.l8, 1994 adjourned at 9:53 p.m. Respectfully submitted, Carole Haddad William J. Nee Secretary to the City Council Mayor r � � I Community Development Department PL�!►NNING DIVISION City of Fridley DATE: February 2, 1994 To: William Burns, City Manager � T � FROM: SUBJECT: Barbara Dacy, Community Development Director Public Hearing on Proposed Ordinance Amendment to Expand Public Hearing Notification Radius The Planning Commission recommends approval of the attached ordinance to expand the public hearing notification radius on all development applications to 350 feet. The purpose of the amendment is to be consistent with state statute requirements on public hearing notices and to also advise a larger portion of the neighborhood about development applications. Listed below are the proposed changes for each type of application: 1. 2. 3. 4e Special use permit - 200 feet to 350 feet Variance - 200 feet to 350 feet Plat - 300 feet to 350 feet Lot split - 200 feet to 350 feet Using one notification radius will also simplify staff procedures in processing development applications. The zoning ordinance already stipulates a 350 foot radius for rezoning applications, therefore, no change is needed for this type of application. The street and alley vacation applications are not affected by this ordinance, since the,vacation procedures are outlined in Section 12.07 of the City Charter. We will simply increase the notification radius to 350 feet for vacations in order to be consistent with the remainder of the appiications. Because no specific dimensions are identified in Section 12.07 of the City Charter, no changes to the Charter are necessary. Recommendation Staff recommends that the City Council conduct a public hearing. First reading of the ordinance will be scheduled for the February 22, 1994 meeting. BD/dn M-94-48 ORDINANCE NO. ORDINANCE AMENDING CHAPTER 205 OF THE FRIDLEY CITY CODE, ENTITLED "ZONING��, AND CIiAPTER 211, ENTITLED "SUBDIVISION", TO AMEND THE PUBLIC HEARING NOTIFICATION RADIUS The Council of the City of Fridley does ordain as follows: 205.05. ADMINISTRATION AND ENFORCEMENT 4. SPECIAL USE PERMIT E. Action by the Planning Commission. (1) Notices shall be mailed to all owners of property within �-98 350 feet of the parcel included in the request not less than ten (10) days nor more than thirty (30) days prior to the hearing. Failure of a property owner to receive notice shall not invalidate any such proceedings as set forth within this Chapter. 5. VARIANCES C. Recommendations by Appeals Commission. tdithin thirty (30) days after filing an appeal from an administrative order or determination, or request for variance from City Code provisions, the Appeals Commission shall hold a public hearing thereon and shall hear such persons as want to be heard. Notice of such hearing shall be mailed not less than ten (10) days before the date of hearing to the person or persons who file the appeals, and to all adjacent property owners within a�-9-9 350 foot distance of the requested variance location. Within a reasonable time, after the hearing, the Appeals Commission shali make its recommendations or approvals subject to conditions of the Fridley City Code and forward a copy of such recommendation or approval to the City Council through the Planning Commission. 211.04. SUBDIVISIONS l. Lot Split. B. Review (1) The proposed lot split shall be informally heard by the Planning Commission. Notices shall be mailed to all owners of property within 350 feet of the parcel included in the request, not less than ten �10) days nor more than thirty (30) days prior to � r=' Page 2 - Ordinance No. the hearina. Failure of a property owner to receive notice shall not invalidate any such proceedinqs as set forth within this chapter. �€� e�--�e�rs-�-�e-��g-��- � � = 3 ��as-a� j-��^ � � , � r � � � , � , , , �c=��—cic-ce�i`'s16�irS � ��ira-6�k== ��rc2-�tir—aceii�ca i �6 �%�—��—E6�c iz^c r�E'-��iE�--c?� i�6�o, .• �-Q-�vri �i 6ir' �a�t-�re� s-�-�trl�re-�-e �-� s a�� r-e� : � After considerina such things as adjacent land use, traffic patterns, zoning regulations, future development, plans for parks, bikeway,/walkways, street extensions, and other criteria deemed pertinent, the Planninq Commission shall recommend to the City Council either approval, with or without stipulations, or disapproval. -(-�} �) After review and recommendation by the Planninq Commission, the application for lot split shall be informally heard by the City Council. The City C__ouncil shall approve or disapprove the request for the lot split within sixty (60) days. 2. Plat and Registered Land Survey Process. C. Steps (3) Action on Preliminary Plat by Planning Commission (b) Not less than ten (10) days before the date of a meeting of the Planning Commission, for consideration of a preliminary plat, the City shall do the following: ((1)) Notify by United States mail the subdivider and the property owners of the property within }'�~�^^ '��•^'~�^�' -�3�} three hundred fifty (350) feet adjoining the land within the plat of the time and place of such hearing. : Page 3 - Ordinance No. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1994. ATTEST: WILLIAM A. CHAMPA - CITY CLERK First Reading: Second Reading: Publication: �C WILLIAM J. NEE - MAYOR � _ C�� F FRiDLE.Y MEMORANDUM Municipal Center 6431 University Avenue Northeast Fridley, Minnesota 55432 (612) 572-3507 FAX: (612) 571-1287 MEMO TO: WILLIAM W. BURNS; CITY MANAGER Wiltiam C. Hunt Assistant to the City Manager FROM: WILLIAM C. HUNT, ASSISTANT TO TiiE CITY SUBJECT: DATE: , � MANAGER � ��: . PUBLIC HEARING ON AMENDMENTS TO FRIDLEY CITY CHARTER, CHAPTER 2 AND SECTION 4.04 FEBRUARY 3, 1994 At its meeting of November 29, 1993, the Fridley Charter Commission voted to approve the attached amendments to Chapter 2 and Section 4.04 of the City Charter and to recommend them to the Fridley City Council for enactment by ordinance. At its meeting of January 18, 1994, the Fridley City Council set a public hearing for its meeting of February 7, 1994. The required notices were published in the Focus News on January 25, 1994, and February 1, 1994. Accordingly, it is in order that the public hearing be held before the City Council at its meeting of February 7, 1994. Since amendments to this chapter have been submitted to the Council on several different occasions taith additional changes each time and since the proposed amendments involve a considerable reorganization of Chapter 2, I��ish to summarize the main changes being proposed. Some of these comments are also contained in bold type tace interspersed in the body of the text. I will list items by sections in the proposed amended version. 2.01.01 2.01.04 Clarifies the source of the "Council-Manager" plan of government. Expands the ability of the Council to require production of non-documentary evidence such as electronic data. 2.02.02- Deletes language which was required for the transition 2.02.04 to elections in even numbered years and links the election of Mayor and Councilmember-at-large to presidential election years and of Ward Councilmembers to gubernatorial election years. 2.02.05 2.03 Changes slightly and clarifies when terms of office begin and end. The previous section 2.06 was one long paragraph. This has been broken up into subsections for greater clarity. - ---- ---------- ___ -- _ _ : �---- a Memorandum to William W. Burns Public Hearing on Amendments to Fridley City Charter Chapter 2 and Section 4.04 February 3, 1994 Page Two 2.03.01 Corrects the title of the Mayor pro tem and specifies that the appointment is only for the temporary absence or disability of the Mayor. 2.03.05 Clarifies that the Mayor's duty is not an on-going, annual duty, but rather something done when necessary at the direction of the Council. This avoids a potential conflict with section 2.01.02 which prohibits the City Council from attempting to perform administrative duties other than through the City Manager. 2. 03 . Q6 Revised to allow the Mayor to take control in time of emergency without first having to seek Council approval. 2.04.01 Deletes obsolete references to the original City Charter. 2.04.02 Changes for clarity which do not affect the substance of the section being amended. 2.04.04 Changes made to accommodate the very complicated and frequently changing state legislation and case law regarding redistricting of wards and precincts. Eliminates the penalty against the Council for failure to redistrict in a timely fashion after the decennial census. 2.05 Clarifies the disqualifications of Councilmembers from being employed by the City in other capacities. 2.06.01 Makes failure to attend eight consecutive regular meetings of the Council a reason for declaration of a vacancy similar to moving out of the ward or the City. Also states a time frame of thirty days from the event in question for the declaration of a vacancy. 2.06.02 Provides for a special electiori to fill a vacancy declared to occur in approximately the first three and a half years of a four year term. of office, that is before filin�s for the next election of the office in question are closed. Changes the window from 45 to 60 days to 30 to 65 days. The current state requirement of having absentee ballots available one month before the election, the requiremerits of notice, and the amendment requiring at least eight consecutive working days for filing for office might make it difficult or impossible to hold a Tuesday election within 60 clays. 2A Memorandum to William W. Burns Public Hearing on Amendments to Fridley City Charter Chapter 2 and Section 4.04 February 3, 1994 Page Three 2.b6.03 Allows for a primary election prior to a special election to fill a vacancy if more than two candidates file. 2.06.04 Requires the Council to appoint a non-candidate if the vacancy occurs after filings are closed but before October 1 of the fourth year of the term. 2.06.05 Provides for the winner of the general election to assume office immediately if the vacancy occurs on or after October 1 of the fourth year of the term. 2.06.06 Provides for the Councilmember-at-Large to serve as Mayor during a vacancy in that office. 2.06.07 & Provides for restoration of the Council in case the 2.06.08 membership of tr:� Council is reduced to two or less, for example in the case o� a catastrophe or multiple resignations. 2.07 Deletes obsolete language from the original charter. 4.04 Clarifies the fact that special elections to fill a vacancy on the Council are governed by section 2.06. Attachments c: Charter Commissioners � 0 Public Hearing Before the City Counail Notice is hereby given that there will be a Public Hearing of the Fridley City Council at the Fridley Municipal Center, 6431 University Avenue N.E. on Monday, February 7, 1994 at 7:30 p.m. for the purpose of consideration of the following: ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 2 AND SECTION 4.04 OF THE FRIDLEY CITY CHARTER The City Council of the City of Fridley does hereby ordain as follows: That the following sections of the Fridley City Charter be amended as follows: CHAPTER 2 rv....N�f �.,.....f....:�..V.s��,wf:T�l CITY COUNCIL ORGANIZATION Section 2.01 COUNCIL-MANAGER PLAN IMPLEMENTATION l. The form of government established by this Charter shall be known as the "Council-Manager Plan.-" pursuant to Minnesota Statutes. COMMENT: CLARIFIES THE SOURCE OF THE "COUNCIL-MANAGER PLAN." 2. Al1 discretionary powers of the City, both legislative and executive, shall vest in and be exercised by the City Council. It shall have complete control over the City administration, but shall exercise this control exclusively through the City Manager and shall not itself attempt to perform any administrative �te�l� duties. .Pre��'e'i�� : n� n r'� T r� n c� 3. The Council shall �se-�€-�e��e�-�� perform the duties and exercise the powers of all 3-eea� Citv boards and commissions except as ��zr otherwise provided by statute or bv this charter. It may, �� -, by ordinance create commissions with advisory powers to investigate any subject of interest to the municipality. 4. The Council shall have power to make investigations into the City's affairs, to subpoena witnesses, administer oaths, and ZC compel the production of books, papers and other a��••—��M� evidence. The Council may at any time provide for an examination or audit of the accounts of any office or department of the City government, or it may cause to be made any survey or research study of any problem affecting the City or its inhabitants. Each such investigation shall be authorized by resolution of the Council. COMMENT: MOVED FROM PRESENT SECTION 2.08.01. EXPANDS THE ABILITY OF THE COUNCIL TO REQUIRE PRODUCTION OF NONDOCUMENTARY EVIDENCE. 5. Any member of the Council may request in writing any specific information relating to any department via the City Manager. The City Manager shall respond in writing within a reasonable period of time. (Ref. Ord. 592) COMMENT: MOVED FROM PRESENT SECTION 2.08.02. 6. Except for the purpose of inquiry, the Council and its members shall deal with and control the administrative services solely through the City Manager, and neither the Council nor any member thereof shall give orders to any of the subordinates of the City Manager, either publicly or privately. COMMENT: MOVED FROM PRESENT SECTION 2.09 Section 2.�3-02. ELECTIVE OFFICERS 1. The Council shall be composed of a Mayor and four (4) Councilmembers ��:ho shall be eligible voters. 2. The Mayor shall be elected at large -€a� in each United States presidential election year to a , e�ee��z � term of four (4) years. �3. One (1) Councilmember shall be elected at large in each United States presidential election year to . ' �ee�e��—�e�-h e—e € €-�c e---e � e-�ee�e�€e-� a term of four ( 4) years . 3:4. Three (3) Councilmembers shall be elected �n�-�;Ts e-� �� in each Minnesota gubernatorial election year from three (3) separate Wards of The City, , • � ti.. • ,-,�.. .. ,�+- �. , , , �. �r�-ci cnTs--cnu-�cei�-szz,srrA 2D . ' . . _�� flo-.-miTre-Ee��Fi cTnireiCtpers-Tr-9�%�iV-ai-e�s-�'�e . , •-• ,� *••• � �-�i• -•�rr�'n c e�-ee�e�n�� , ea-��€e�--�?�—ez t�i-e . �e-�9e�s-e�-s-e�-e�eel-�e e� €�c es-e-€-�e�e��re� e�-€-e-�+�Fa�a�a �e�e��e� e�€e� :�-�-3r-�a�� --e�-�e � �d-€$��t-e�� t o t e rm s of four (4) years each, , e��e�e i-��e� e�Te�-F�M�='�s'� ��-� e-��e�e�--€e��=�a-�= COMMENTS: SECTIONS 2.03.04 AND 2.03.05 MOVED TO NEW SECTION 2.04. �5. The term of Mayor and of each Councilmember shall begin on the first e�€rcl-�-H�tS�ES� day -� �� -��'-'� of January following their election to office and shall end on December 31 of the last year of the term. The incumbent mav remain in office until �-e� a successor has been duly �-ee-�e�-aTT�� qualified and accepts the office. The first order of business at the first official Council meeting in each January that follows an election year shall be the swearing in of the newly elected members of the Council. COMMENT: CHANGES THE TIMES WHEN TERMS BEGIN AND END. 6. The Council shall be the judge of the election of its members. COMMENT: SECTIONS 2.03.07 AND 2.03.08 MOVED TO NEW SECTION 2.04. SECTION 2.04 MOVED TO NEW SECTION 2.05. SECTION 2.05 MOVED TO NEW SECTION 2.06. Section 2.9603 THE MAYOR l. The Mayor shall be the presiding officer of the Council, except that a mayor pro tem shall be chosen from the remainina Councilmembers to h�'�' �� serve at the pleasure of the Council, who shall act as Mayor in case of the Mayor's temporary disability or absence from the City. COMMENT: CORRECTS THE TITLE OF THE MAYOR PRO TEM AND SPECIFIES TFiAT THE APPOINTMENT IS ONLY FOR THE TEMPORARY ABSENCE OR DISABILITY OF THE MAYOR. 2. The Mayor shall vote as a member of the Council. 3. The Mayor shall exercise all powers and perform all duties conferred and imposed by this Charter, the ordinances of the City and the laws of the State. 4. The Mayor shall be recognized as the official head of the City for all ceremonial purposes, by the courts for the purpose of serving civil process, and by the Governor for the purposes of martial law. 2E COMMENT: THE FOLLOWING SENTENCE IN 2.06 MOVED TO NEW 2.01.07. 5. At the direction of the Council �the Mayor shall study the operations of the City government and shall report to the Council any neglect, dereliction of duty, or waste on the part of any officer or department of the City. 6. In time of public danger or emergency the Mayor may, ••�'�'� �� e��'-s �e-r�-se�� take command of the police, maintain order and enforce the law. Council consent shall be obtained when practicable. COMMENT: REVISED TO ALLOW MAYOR TO TAKE CONTROL IN TIME OF EMERGENCY WITHOUT FIRST HAVING TO SEEK COUNCIL APPROVAL. Section 2.04 WARD COUNCILMEMBERS l. The City is divided into three (3) separate election Wards desianated as `�'z�T Ward l, Ward 2, and Ward 3. ._ . . COMMENT: REVISED FROM PRESENT SECTION 2.03.04 2. �e A Ward Councilmember ��e�a^� y�' must be a resident of such ward. --� '�'��-��` ��-e�-�e-a-�d�ac a-�-e�-�-�--t�re-a� €�-e-e-e-€-Ee�-�-e� e�-b �€r�� s-� � , . If the j>>ard Councilmember ceases to be a resident of the ward, then that office shall be declared vacant. However, a change in ward boundaries during the term of office shall not disqualifY the Councilmember from completing the term. COMMENT: REVISED FROM PRESENT SECTION 2.03.05. 3. The boundaries of the three (3 from time to time by ordinances and based on the findings of t redetermined are such that the not deviate by more than three of the three (3).wards. ) wards shall be duly adopted by he Council that redetermined the Council, the wards so population of any ward shall percent (3%) from the average COMMENT: MOVED FROM PRESENT SECTION 2.03.07 2F 4. After each decennial census of the United States, the Council shall redetermine ward boundaries. This redetermination of ward boundaries shall be accomplished within the deadlines established by Minnesota law. If no deadlines are established by law, then redistricting must be completed no less than one hundred (100) days prior to the legally determined date of the municipal primary of the year ending in the digit two ( 2);-a�� •�z -iZi'"c-��-, van �_ �.• "• � � c "' � � � 9 a'6 9-9-zirciz-=t-cnra-ir�i`��.r6�i-3�r . If further redistricting is necessary, as determined by the Gouncil, the adoption of the new boundaries shall be prohibited during the time period from ninety (90) days before a primary election up to and includinq the dav of the general election in the same year. Any prohibitions stated in the Minnesota state statutes pertaininq to the adoption of the new boundaries shall also apply. COMMENT: MOVED FROM PRESENT SECTION 2.03.08 Section 2.8� 05. DISQUALIFICATION FOR APPOINTIVE OFFICE No incumbent member of the Council shall be appointed acting or permanent City Manager, nor shall any member hold any other paid municipal office or employment under the City; and no former member shall be appointed�to any paid office or employment under the City until one (1) year after leavina office. . COMMENT: THIS CLARIFIES THE DISQUALIFICATIONS OF CITY COUNCILMEMBERS FROM BEING EMPLOYED By THE CITY. Section 2.9-�06 VACA�ICIES IN THE COUNCIL l. A vacancy in the Council shall be deemed to exist in case of the failure of any person elected thereto to qualify on or before the date of the second regular meeting of the new Council, or by reason of the death, resignation, removal from office, removal from the City, removal of a�-aard councilmember from that ward, continuous absence from the City for more than three (3) months, or conviction of a felony of any such person whether before or after their qualification, or by reason of the failure of any councilmember to attend eight (8) consecutive regular meetings of the Council. In each such case, within thirtv (30) days the Council shall by resolution declare s�-e-l� a vacancy to exist_ �,T�s'��'��-�=r�. (Ref. Ord. ) 2. If a vacancy is declared to occur before filings for the next election of the office in question are closed, the Council shall call a special election to be held not less than €e��- } thirty (30) days nor more than sixty-five (6965) days from the time such vacancy is declared. The Council shall designate a period of eiciht (8) to twelve (12Z 2G consecutive workinc�days for the pur�ose of filina nomination petitions in accordance with Section 4.06. (Ref. Ord. ) 3. In the case of a special election to fill the vacancy, �e�e 9� �n '�r�e--�e—g��e��r-e�n ��s�n�t�e�--e-€--=a�etes--s'-�� -ee3�e�n-��Tn�—the procedure provided in Section 4.03, Primary Elections, and Section 4.04, Special Elections, shall be followed except for the schedulinq of election dates, which must be within the time frame specified here. The winner of said election shall be qualified and take office immediately upon certification by the board of canvass and shall fill the unexpired term. (Ref. Ord. 857, Ord. ) ._ - -z - . ._ . . . 4. If the vacancy is declared to occur in the fourth year of the term of office after filings for the office in question are closed, but before October 1, the Council sha11 appoint jwithin thirtv (30) days of the vacancv declaration1 by ma'ority vote a qualified citizen, who has not filed for any municipal office in the general election in question. The appointee shall assume the office immediately and complete the unexpired term. (Ref. Ord. ) 5. If the vacancy is declared to occur on or after October l of the fourth year of the term, the winner of the general election shall be qualified and take office immediately. If the winner of the qeneral election cannot take office due to reasons indicated in Section 2.06.01 above the Council shall declare a vacancy and order a special election as provided for in Sections 2.06.02 and 2.06.03 above. The person so elected shall serve out any of the remainder of the unexpired term as well as the full four year term. (Ref. Ord. ) 6. If the Mayor's position is declared vacant, the Councilmember- at-Larqe shall serve as Mayor until the vacancy is filled. (Ref. Ord. ) 7. If at any time the membership of the Council is reduced to less than three (3) members, the City Manaqer shall order a special election after the manner provided in Sections 2H 2.06.02, and 2.06.03 above to brina the membership of the council up to five (5). (Ref. Special Election 3/25/75, Ord. 776, Ord. 857, Ord. ) 8. If the position of City Manager is vacant, the City Clerk shall order such an election. If the position of City Clerk is also vacant, the Chief Judge of District Court of the State of Minnesota within whose iurisdiction the corporate offices of the City of Fridley lie shall order such an election. (Ref. Ord. ) Section 2.07 SALARIES AND EXPENSES The Mayor and each Councilmember shall receive e�ae��-�e�� reasonable remuneration or salary, the annual amount and payment of which shall be prescribed by ordinance duly adopted on or before November lst of the year preceding payment of the same. TT...��r��Ts= , When authorized by the Council, its members shall be remunerated for their reasonable expenses incurred in connection with the City's business. The City Manager and all subordinate officers and employees of the CIty shall receive such reasonable compensation as may be fixed by the Council. COMMENT: SECTION 2.08 MOVED TO NEW SECTIONS 2.01.04 AND 2.01.05. COMMENT: SECTION 2.09 MOVED TO NEW SECTION 2.01.06 CHAPTER 4.. NOMINATIONS AND ELECTIONS Section 4.04 SPECIAL ELECTIONS. The Council may by resolution order a special election, fix the time of holding the same, and provide all means for holding such special election, provided that three (3) weeks' published notice shall be given of said special election. The procedure at such elections shall conform as nearly as possible to that herein provided for other municipal elections. Special elections for vacancies in the City Council shall be held in accordance with the provisions of Section 2.06. (Ref. Ord. _ ) Any questions related to this item may be referred to the Fridley City Manager's Office at 571-3450. Hearing impaired persons planning to attend who need an interpreter or other person with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than February l, 1994. 2� Fridley Focus January 25, 1994 February 1, 1994 2J � _ C�N OF FRIDLEY 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. BURNS, CITY MANAGER � �� FROM: WILLIAM C. HUNT, ASSISTANT TO THE CITY MANAGER %f�;�/�� ; �. SUBJECT: PUBLIC HEARING ON AMENDMENTS TO CHAPTER 4 OF THE FRIDLEY CITY CHARTER .. DATE: FEBRUARY 3� 1994 At its meeting of September 27, 1993, the Fridley Charter Commission ap�roved the attached amendments to Chapter 4, NOMTNATIONS AND ELECTIONS, of the Fridley City Charter and recommended them to the Fridley City Council_.for enactment by ordinance. On January 18, 1994, the City Council set a public hearing for its meeting of February 7, 1994, and notice has been published in the Focus News on January 25 and February 1, 1994. Accordingly it is in order to hold the public hearing before the City Council at its meeting of February 7, 1994. The proposed changes are listed below by section. 4.02 4.03 4.06 4.07 4.08 Eliminates obsolete language. Eliminates obsolete language, and deletes confusing. reference to "regular" municipal elections in a section on primary elections. Clarifies some language and raises filing fee from $5.00 to $10.00. Clarifies some language in the nomination petition. Eliminates redundant language and breaks up lengthy sentence. Enclosure c: Charter Commissioners Public Hearing Before the City Council Notice is hereby qiven that there will be a Public Hearinq of the Fridley City Council at the Fridley Municipal Center, 6431 University Avenue N.E. on Monday, February 7, 1994 at 7:30 p.m. for the purpose of consideration of the following: ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 4 OF THE FRIDLEY CITY CHARTER s The City Council of the City of Fridley does hereby ordain as follows: That the following sections of the Fridley City Charter be amended as follc��.�s: CHAPTER 4 NOMINATIONS AND ELECTIONS Section 4.01. GENERAL ELECTION LAWS TO APPLY. Except as hereinafter provided, the general laws of the State of Minnesota pertaining to registration of eligible voters and the conduct of primary and general elections shall apply for all municipal elections of such officers as are specified in this Charter. The Council shall, through ordinances duly adopted in compliance with such state laws and this Charter, adopt suitable and necessary regulations for the conduct of such elections. (Ref. Ord. 857) Section 4.02. REGULAR MUNICIPAL ELECTIONS. Regular municipal elections shall be held on the first Tuesday after the first Monday in November, at such place or places as the City Council may designate by resolution. '^^�-''��Regular municipal elections shall be held every even numbered year. The Council.may divide the City into as many voting precincts as it may from time to time deem necessary. Each ward shall constitute at least one (1) voting precinct and no precinct shall be in more than one (1) ward. At least fifteen (15) days' notice shall be given by the City Clerk of the time and places of holding such election, and of the officers to be elected, by posting a notice thereof in at least one (1) public place in each voting precinct and by p�ublishing a notice thereof at least once in the official newspaper of the City, but failure to give such notice shall not invalidate such election. (Ref. Ord. 919, Ord. ) � Section 4.03. PRIMARY ELECTIONS. On the first Tuesday after the second Monday in September there shall be a primary election for the selection of two (2) nominees for each elective office at the regular municipal election, unless only two (2) nominees file for each elective office. , Primary municipal elections shall be held every even numbered year, if necessarv. (Ref. Special Election 4/12/60, Ord. 592, Ord. 919, Ord. ) Section 4.04. SPECIAL ELECTIONS. The Council may by resolution order a special election, fix the time of holding the same, and provide all means for holding such special election, provided that three (3) weeks' published notice shall be given of said special election. The procedure at such elections shall conform as nearly as possible to that herein provided for other municipal elections. Section 4.05. JUDGES OF ELECTION. The Council shall at least twenty-five (25) days before each municipal election appoint two (2) registered voters of each voting precinct to be judges of elections therein and one (1) registered voter of the same precinct to be head judge of election, or as many �ore or less as may be determined by the Council. No person signing or circulating a petition of nomination of candidate for election to office or any member of a committee petitioning for a referendum or recall shall be eligible to serve as a judge of such election. (Ref. Ord. 592, Ord. 873) Section 4.06. NOMINATIONS BY PETITION. The mode of nomination of all elective officers provided for by this Charter shall be by petition. The name of any eligible voter of the City shall be printed upon the ballot whenever a petition as hereinafter prescribed shall have been filed in that person's behalf with the City Clerk. Such petition shall be signed by at least ten (10) registered voters qualified to vote for the office in question. No elector shall sign '-��e--}�t��e��f-�ree�—te—p��r�e�-��t-�i�e more than one petition for any office for which there is an election. Should such a case occur, the signature shall be void as to the petition or petitions last filed. Al1 nomination petitions shall be filed with the City Clerk in accordance with Minnesota State Statutes. Each petition, when presented, must be accompanied by a��e ten dollar ($�.��10.00) filing fee. (Ref. Special Election 4/12/60, General Election 11/3/64, Ord. 825, Ord. 857, Ord. 921, Ord. ) Section 4.07. NOMINATION PETITIONS. The signatures to the nomination petition need not all be appended to one (1) paper, but to each separate paper there shall be attached an affidavit of the circulator thereof stating the number of signers of such paper and that each signature appended thereto : was made in the circulator's presence and is the genuine signature of the person whose name it purports to be. With each signature shall be stated the place of residence of the signer, giving the street and number or other description sufficient to identify the same. The nominee shall indicate by an endorsement upon the petition acceptance of the office if elected thereto. The form of the nomination petition shall be substantially as follows: NOMINATION PETITION We, the undersigned, registered voters of the City of Fridley, hereby nominate . . . , whose residence is . . . . , for the office of ...., to be voted for at the election to be held on the . . . . day of . . . . . , 19 . . ; and we individually certify that we are registered voters and that we have not signed ��r�other nomination petitions of candidates for this office-�� -�e-�e-�s�e�s-�e-�e-e�-ec�e�--t-}3�z�o . Name Street and Number . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - • • • • • • • . - . • . . . . . . , being duly sworn, deposes and says, "I am the circulator of the foregoing petition paper containing signatures and that the signatures appended thereto were made in my presence and are the genuine signatures of the persons whose names they purport to be." . . . . . . . . . . . . . . . . . Subscribed and sworn to before me this ..... day of ..... , 19 . . This petition, if found insufficient by the City Clerk, shall be returned to . . . . . . , at Number . . . . . . . Street. I hereby indicate my willingness to accept the office of .... if duly elected thereto. (Ref. Ord. 857, Ord. ) Section 4.08. CANVASS OF ELECTIONS AND TAKING OF OFFICE. The Council shall meet and canvass the election returns within seven (7) calendar days after any regular or special elections, �e� shall make full declaration of the results� and file a statement thereof with the City Clerk,-_ �-gSaid statement shall be made a part of the minutes. This statement shall include: (a) the total number of good ballots cast; (b) the total number of spoiled or defective ballots; (c) the vote for each candidate, with a declaration of those who are elected; (d) a true copy of the ballots used; (e) the names of the judges of election; and (f) such other information as may seem pertinent. The City Clerk shall forthwith notify all persons elected of the fact of their election, and the persons elected shall take office at the time provided for by Section 3.01, upon taking, subscribing and filing with the City Clerk the required oath of office. (Ref. Ord. 592, Ord. ) 3C Any questions related to this item may be referred to the Fridley City Manager's Office at 571-3450. Hearing impaired persons planning to attend who need an interpreter or other person with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than February 1, 1994. Fridley Focus January 25, 1994 February l, 1994 3D 0 �� _ C[TYOF FRIDLEY� MEMORANDUM Municipal Center 6431 University Avenue Northeast Fridtey, Minnesota 55432 (612) 572-3507 FAX: (612) 571-1287 MEMO TO: WILLIAM W. BURNS, CITY MANAGER �j William C. Hunt Assistant to the City Manager FROM: WILLIAM C. HUNT, ASSISTANT TO THE CITY MANAGER ��G��,�` % SUBJECT: 1994 POLICE CONTRACT DATE: FEBRUARY 3, 1994 Attached is the labor agreement and accompanying resolution setting forth terms and conditions of employment for police officers in 1994. The following changes to the 1993 Police Contract have been incorporated into the 1994 Police Contract; l. Roman numerals changed to arabic numbers throughout. Words written in ALL CAPS changed to upper and lower case, e.g. EMPLOYER to Employer. Also, changes required renumbering of some articles. 2. Article 1. Reference to date of agreement deleted. Date is contained in Article 35 just before the signatures. 3. Article 2.1. Correction of reference to MN Statutes. 4. Article 7.4. Addition of Step 2a, a provision for voluntary mediation of grievances prior to arbitration. 5. Article 7.4 Step 3. Added reference to new Step 2a. Added "as amended" after reference to the Public Employment Labor Relations Act of 1971. Changed "Public Employment Relations Board" which no longer exists to "Bureau of Mediation Services" which has taken over the functions of PERB relative to the labor agreement. 6. Article 7.7 Choice of Remedy. Deleted. Courts have ruled that an employee's choice of legal remedies for the resolution of a grievance cannot be restricted by a labor agreement. - 7. : Article 9.6. The second sentence is copied from Article 26.2 and remains in that section as well for greater clarity. Article 9.7. This language is transferred from Article 24.1 for greater clarity. 9. Article 10.5. Added "unless otherwise required by law." 10. Article 17.1. The Employer's contribution toward insurance is raised from $295 per month to $315 per month for employees choosing family coverage in 1994. 11. Article 17.2. Date changed to 1994. 12. Article 17.4. New section added on group term life insurance with base coverage of $25,000.00. 13. Article 22. Wages in 1994 are converted from monthly to hourly with a three percent increase over 1993 with the following understanding not written into the contract: [It is understood by the Parties that if Employees hired on a full-time basis are not scheduled for a minimum of 2080 hours in a year, the Employer will not reduce the Employee�s wages to reflect the hours they worked. If, however, the yearly work hours are in excess of the 2080 hours, the Employee will be paid their hourly rate for any and all hours worked in excess of the 2080 hours.] 14. Article 23.3. Typographical changes" "The City of fridley" changed to "Employer;" "Officers and Patrolmen" changed to "Employees." 15. Article 24. transferred to Article 9.7 for greater clarity. Subsequent articles renumbered. 16. Article 26.2. Altered slightly to clarify that patrol officers would be paid at the overtime rate for work done on an actual holiday rather than on the day the holiday is observed (Monday or Friday) in some cases. 17. Articles 31.3 and 31.4. Changed to gender neutral language. 18. Article 32. Language added to clarify that Investigators who are not paid overtime under the contract are eligible for overtime pay under the federal Fair Labor Standards Act. 19. Article 35. Dates are changed. I request that you present this contract to the City Council for '' consideration at their meeting of February 7, 1994 with the recommendation for approval. WCH/jb c: David Sallman, Public Safety Director Gary Lenzmeier, Deputy Public Safety Director Susan Irber, Personnel Coordinator Cyrus F. Smythe, Labor Relations 5A RESOLUTION NO. - 1994 A RESOLUTION APPROVING AND AUTHORIZING SIGNING AN AGREEMENT ESTABLISHING WORRING CONDITIONS, WAGES AND HOURS OF POLICE OFFICERS OF THE CITY OF FRIDLEY POLICE DEPARTMENT FOR THE YEAR 1994 WHEREAS, the Law Enforcement Labor Services, Inc. as bargaining representative of the Police Officers of the City of Fridley, has presented to the City of Fridley various requests relating to the working conditions, wages and hours of Police Officers of the Police Department of the City of Fridley; and WHEREAS, the Ci.ty of Fridley has presented various requests to the � Union and to the employe_es relating to working conditions, wages and hours of Police Officers of the Police Department of the City of Fridley; and ti�THEREAS, representatives of the Union and the City ha��e met and negotiated regarding the requests of the Union and the City; and WHEREAS, agreement has now been reached between the representatives of the two parties on the proposed changes in the existing contract between the City and the Union; � NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves said Agreement and that �i:e rlayor and the City r:a:�:age� �re hereby authorized to execute the attached Agreement (Exhibit "A") relating to �:�orking conditions, �:�ages and hours of Polic� Officnrs of the City of Fridley. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1��. ��JILLItiI�1 J. NEE - MAYOR ATTEST: WILLIAM A. CHAMPA - CITY CLERK y �i EXHIBIT "A" LABOR AGREEMENT .• . BETWEEN THE CITY OF FRIDLEY AND LAW ENFORCEMENT LABOR SERVICES, INC. LOCAL NO. 119 1994 5c LABOR AGREEMENT BETWEEN THE CITY OF FRIDLEY AND LAW ENFORCEMENT LABOR SERVICES, INC. LOCAL NO. 119 1994 TABLE OF CONTENTS ARTICLE PAGE l. Purpose of Agreement . . . . . . . . . . . . . . . . . 1 2. Recognition . . . . . . . . . . . . . . . . . . . . . 1 3. Definitions . . . . . . . . . . . . . . . . . . . . . 1 4. Employer Security . . . . . . . . . . . . . . . . . . 3 5. Employer Authority . . . . . . . . . . . . . . . . . . 3 6. Union Security . . . . . . . . . . . . . . . . . . . . 3 7. Employee Rights - Grievance Procedure . . . . . . . . 4 8. � Savings Clause . . . . . . . . . . . . . . . . . . . . 6 9. Seniority . . . . . . . . . . . . . . . . . . . . . 6 10. Discipline . . . . . . . . . . . . . . . . . . . . . . 7 11. Constitutional Protection . . . . . . . . . . . . . . 8 12. Work Schedules . . . . . . . . . . . . . . . . . . . . 8 13. Overtime . . . . . . . . . . . . . . . . . . . . . . . 8 14. Court Time . . . . . . . . . . . . . . . . . . . . _ 9 15 . Ca 11 Back Time . . . . . . . . . . . . . . . . . . . . 9 16. Working out of Classification . . . . . . . . . . . . 9 17. Insurance . . . . . . . . . . . . . . . . . . . . . . 9 18. Standby Pay . . . . . . . . . . . . . . . . . . . . . 10 5D TABLE OF CONTENTS (Continued) ARTICLE PAGE 19. Uniforms . . . . . . . . . . . . . . . . . . . . . . . 10 20. P.O.S.T. Training . . . . . . . . . . . . . . . . . . 10 21. Longevity and Educational Incentive . . . . . . . . . 10 22. Wage Rates . . . . . . . . . . . . . . . . . . . . . . 11 23. Legal Defense . . . . . . . . . . . . . . . . . . . 12 24. Probationary Periods . . . . . . . . . . . . . . . . . 12 25. Annual Leave . . . . . . .. . . . . . .. . . . . . . . 12 26. Holidays . . . . . . . . . . . . . . . . . . . . . . . 14 27. Short Term Disability . . . . . . . . . . . . . . . . 14 28. Funeral Pay . . . . . . . . . . . . . . . . . . . . . 15 2 9 . Jury Pay . . . . . . . . . . . . . . . . . . . . . . . 15 30. Compensatory Time . . . . . . . . . . . . . . . . . . 15 31. Employee Education Program . . . . . . . . . . . . . . 16 32. Pay for Investigators or Detectives . . . . . . . . . 17 33. BMS Case No. H5-PN-486-A, Issue 8 . . . . . . . . . . 17 34 _ Waiver . . . . . . . . . . . . . . . . . . . . . . . . 17 35. Duration . . . . . . . . . . . . . . . . . . . . . . . 17 5E LABOR AGREEMENT BETWEEN CITY OF FRIDLEY AND LAW ENFORCEMENT LABOR SERVICES, INC. LOCAL NO. 119 Article 1. Purpose of Agreement This Agreement is entered into between the City of Fridley, hereinafter called the Employer, and Law Enforcement Labor Services, Inc., hereinafter called the Union. It is the intent and purpose of this Agreement to: 1.1 Establish procedures for the resolution of disputes concerning this Agreement's interpretation and/or application; and 1.2 Place in written form the parties' agreement upon terms and conditions of employment for the duration of this Agreement. Article 2. Recognition 2.1 The Employer recognizes the Union as the exclusive representative, under i-linnesota Statutes, Section 17;n.03, subdivision 8, for all police personnel in the following job classifications: l. Police Officer 2. Police Corporal 2.2 In the event the Employer and the Union are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. Article 3. Definitions 3.1 Union Law Enforcement Labor Services, Inc. 3.2 Union Member A member of the Law Enforcement Labor Services, Inc. 3.3 Employee A member of the exclusively recognized bargaining unit. 1 5F 3.4 Department The Fridley Police Department. 3.5 Employer The City of Fridley. 3.6 Chief The Public Safety Director of the Fridley Police Department. 3.7 Union Officer Officer elected or appointed by the Law Enforcement Labor Services, Inc. � 3.8 Investigator/Detective , An employee specifically assigned or classified by the Employer to the job. classification and/or job position of Investigator/Detective. 3.9 Overtime Work performed.at the express authorization of the Employer in excess of the Employee's scheduled shift. 3.10 Scheduled Shift A consecutive work period including rest breaks and a lunch break. 3.11 Rest Breaks Periods during the scheduled shift during which the Employee remains on continual duty and is responsible for assigned duties. 3.12 Lunch Break A period during the scheduled shift during which the Employee remains on continual duty and is responsible for assigned duties. 3.13 Strike Concerted action in failing to report for duty, the willful absence from one's position, the stoppage of work, slow-down, or abstinence in whole or in part from the full, faithful and proper performance of the duties of employment for the purposes of inducing, influencing or coercing a change in the conditions or compensation or the rights, privileges or obliqations of employment. 5� Article 4. Employer Security The Union agrees tha� during the life of this Agreement that the Union 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 5. Employer Authority 5.1 The Employer 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 periorm 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 6. Union Security 6.1 The Employer shall deduct authorize such a deduction cover monthly Union dues. directed by the Union. from the wages of employees who in writing an amount necessary to Such monies shall be remitted as 6.2 The Union may designate employees from the bargaining unit to act as a ste:-:ard and an alternate and shall inform the Emp� oyer in 4��ritinq ef such choice and chanqes in th� posit? on o� s�e��,�ard and/or ait�r:7ate. 6.3 The Employer shall make space available on the employee bulletin board for posting Union notice(s) and announcement(s). 6_�': The Union agrees to indemnify and hold the Employer harmless � against any and all claims, suits, orders, or judgments brought or issued against the Employer as a result of any action taken or not tak�n by the Employer under the provisions of this ArticJ_e. Article 7. Employee Rights - Grievance Procedure 7.1 Definition of a Grievance A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and canditions of this Agreement. 5�-i 7.2 Union Representatives The Employer will recognize Representatives designated �y the Union as the grievance representatives of the bargaining unit having the duties and responsibilitzes established by this Article. The Union shall notify the Employer in writing of the names of such Union Representatives and of their successors when so designated as provided by Section 6.2 of this Agreement. 7.3 Processinc� 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 the job duties and responsibilities of the Employees and shall therefore be accomplished during normal working hours only wh.en consistent with such,Employee duties and responsibilities. �The aggrieved Employee and a 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 norma3 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 brogra-.s of the Employer. 7.4 Procedure Grievances, as defined by Section 7.I, shall be resolved in conformance with the fo�lowing procedure: Step l. An Employee claiming a�.�io� atio:-: concerning the interpretation or application o� `-.' � - _-_��..._..= �:^a1? , ..i�.._.. �..�:;`_ -o:�� (21) calendar days after sucn all�ged violation has occurred, present such grievance to t:�e Employee's supervisor as designated by the Employer. The Employer-designated representa�ive will discuss and give an answer to such Step 1 grievance within ten (10) cal�ndar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writina, setti::� forth the nature of the grievance, the facts on ,�rhich it is based, the provision or provisions of the Agreer�ant a�legedly violated, the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days after �h� Employ�r-designated representative's final answer in Step l. Any grievance not appealed in wri.ting to Step 2 by th� Union :�jithin tan (10) calendar 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 re�resentative. The Employer-designated representative shall 4 51 give the Union the Employer's answer 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 within ten (10) calendar days following the Employer - designated representative's final answer in Step 2. Any grievance not appealed in writing to Step 3 by the Union within ten (10) calendar days shall be considered waived. Step 2a. If the grievance is not resolved at Step 2 of the grievance procedure, the parties, by mutual agreement, may submit the matter to mediation with the Bureau of Mediation Services. Submitting the grievance to mediation preserves timeliness for Step 3 of the grievance procedure. Any grievance not appealed in writing to Step 3 by the Union within ten (10) calendar days of inediation shall be conside.red waived. � Step 3. A grievance unresolved .in Step 2 or Step 2a and appealed to Step 3 by the Union shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971 as amended. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Bureau of Mediation Services. 7.5 Arbitrator's Authoritv a. The arbitrator shall have no right to arer.d, modify, nullify, ignore, add to, or subtract from the terms and conditions of this Agreement. The arbi�rator shall consid�r and decid� onl�� the �p;�ciLic issu-�; �;.;:�t,�i��;�i in writing by the Employer and the Union, and shall have no authority to make a decision on any other issue 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 la::�s, rules, or regulations having the force and effect of iaL�:. The arbitrator's decision shall be submitted in :ariting c�,�ithin thirty (30) days following close of the hearir:g or the submission of briefs by ttle parties, .,�hicllever be later, unless the parties agree to an extension. `Phe 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 and 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 S 5J 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. 7.6 Waiver If a grievance is not presented within the time 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 written agreement of the Employer and the Union in each step. Article 8. Savings Clause This Agreement is subject to the lac-,s of the United States, the State of Minnesota and the City of Fridley. 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 judgment or decree no appeal-has been taken within the time provided, such provisions--shall be voided. All other L��'OV1S10I1S Of t??1S ACjY'G��rl°Tlt S�`lc � 1 C�.'1�1i1'1C' 171 f�l l f.�rC� c7!� effect. The voided provision may be renegotiated at the. written request of either party. Article 9. Seniority 9.1 Seniority shall be determined by the employee's length of continuous employment with the Police Department and posted in an appropriate location. Seniority rosters may be maintained by the Chief on the basis of tim� in grade and time within specific classifications. 9_2 During the probationary period, a ne�rly hired or rehired employee may be discharged at the sole discretion of the Employer. During the probationary period a�romoted or reassigned emplayee may be replaced in his previous position at the sole discretion of the Employer. 9.3 A reduction of work force will be accomplished on the basis of seniority. Employees shall be recalled from layoff on the basis of seniority. An employee on layoff shall have an opportunity to return to work within two years of ttie time of his layoff before any new employee is hired. 6 5K 9.4 Senior employees will be given preference with regard to transfer, job classification assignments and promotions when the job-relevant qualifications of empioyees are equal. 9.5 Senior qualified employees shall be given shift assignments preference after eighteen (18) months of continuous full-time employment. 9.6 One continuous scheduled annual leave period shall be selected on the basis of seniority until May lst of each calendar year. After May lst, scheduled annual leave shall be on a first come first served basis. 9.7 Employees shall lose their Seniority for the following reasons: a: Discharge, if not reversed; . b. Resignation; c. Unexcused failure to return to work after expiration of a vacation or formal leave of absence. Events beyond the control of the employee which prevent the employee from returning to work will not cause loss of seniority; d. Retirement. Article 10. Discipline 10.1 The Employer will discipline employees for just cause only. Discipline will be in o.ne or more of the foilotiaing forms: a. oral reprimand; b. c:rritten reprimand; c. suspension; d. demotion; or e. discharge. 10.2 Suspensions, demotions and discharges will be in written form. 10.3 Written reprimands, notices of suspension, and notices of discharge which are to become part of an employee's personnel file shall be read and acknowledged by signature of the employee. Employees and the Union will receive a copy of such reprimands and/or notices. 10.4 Employees may examine their own individual personnel files at reasonable times under the direct supervision of the Employer. 10.5 Discharges will be preceded by a five (5) day suspension without pay unless otherwise required by law. 7 5L 10.6 Employees will not be questioned concerning an investigation of disciplinary action unless the employee has been given an opportunity to have a UNION representative present at such questioning. 10.7 Grievances relating to this Article shall be initiated by the Union in Step 2 of the grievance procedure under Article VII. Article il. Constitutional Protection Employees shall have th.e rights granted to all citizens by the United States and Minnesota State Constitutions. Article 12. Work Schedules 12.1 The normal work year is an average forty (40) hour work week for iull time employees to be accounted for by each employee through: � � a. hours worked on assigned shifts; b. holidays; c. assigned training; d. authorized leave time. 12.2 Holidays and authorized leave time is to be calculated on the basis of the actual length of time of the assigned shifts. 12.3 Nothi�g contained in this or any other Article shall be interpreted to be a guarantee of a minimum or maximum number of hours the Employer may assign employees. Article 13. Overtime 13.1 Employees �•rill b� compensat�d at one and one-half (1-1/2) times the employee's regular base pay rate for hours worked in excess of the employee's regularly scheduled shift. Changes of shifts do not qualify an employee for overtime under this Article. 13.2 Overtime will be distributed as equally as practicable. 13.3 Overtime refused by employees will for record purposes under Article 13.2 be considered as unpaid overtime worked. 13.4 For the purpose of computing overtime compensation overtime hours worked shall not be pyramided, compou.nded or paid twice for the same hours worked_ 13.5 Overtime will be calculated to the nearest fifteen (15) minutes. 0 5M 13.6 Employees have the obligatibn to work overtime or call backs if requested by the Employer unless unusual circumstances prevent the employee from so working. Article 14. Court Time An employee who is required to appear in Court during his scheduled off-duty time shall receive a minimum of three (3) hours' pay at one and one-half (1-1/2) times the employee's base pay rate. An extension or early report to a regularly scheduled shift for Court appearance does not qualify the employee for the three (3) hour minimum. Article 15. Call Back Time An employee who is called to duty during the employee's scheduled off-duty time shall receive a minimum of.two (2) hours' pay at one and one-half (1-1/2) times the employee's base pay rate. An extension or early report to a regularly scheduled shift for duty does not qualify the employee for the two (2) hour minimum. Article 16. Working out of Classification Employees assigned by the Employer to assume the full responsibilities and authority of a higher job classification shall receive the salary schedule of the higher classification for the duration of the assignment. Article 17. Insurance 17.1 The Employer will contribute up to a maximum of three hundr2d fifteen dollars ($315.00) per month per employee toward ;lealth, life and 1_ong-term disability insurance, in accordanc� with the Employer's flexible benefit plan, for employees choosing family coverage for calendar year 1994. 17.2 The Employer will contribute up to a maximum of two hundred five dollars ($205.00) per month per employee toward health, life and long-term disability insurance, in accordance with the Employer's flexible benefit plan, for employees choosing single coverage for calendar year 1994. 17.3 By mutual agreement each employee may use up to fifteen dollars ($15.00) per month of health insurance dollars in 17.1 and 17.2 for group dental insurance offered through the city, in accordance with the Employer's flexible benefit plan. 17.4 The Employer will provide group term life insurance with a maximum of $25,000 per Employee and additional accidental death anc� disability insurance with a maximum of $25,000 per Employee. Provided that the total City cost for all insurance premiums does not exceed the amount set forth in this Article. E :+1►� Article 18. Standby Pay Employees required by the Employer to standby shall be paid for such standby time at the rate of one hour's pay for each hour on standby. Article 19. Uniforms • The Employer shall provide required uniform and equipment items. Article 20. P.O.S.T. Training The City shall assign training at City expense for Police Officers to complete 48 hours of P.O.S.T. Board approved education during each three year licensing period. Article 21. Longevity and Educ�tional I�centive . Effective July l, 1978, the following terms and conditions are effective, except that employees hired after January 1, 1987, shall not be eligible for educational incentive. 21.1 After four (4). yea�s of continuo�s employment each employee shall choose to be paid three percent (30) of the employee's base rate or supplementary pay based on educational credits as outlined in 21.6 of this Article. 21.2 After eight (8) years of continuous employment each employee shall choose to be paid supplementary pay of f ive percent .{ 5 0) of the employee's base rate or supple:�entarv pay based on educational credits as outlined in 21.0 of this Article. 21.3 After t::�elve (12) years of continuous employment each employee sha' 1�_.00se to be paid supp«^�;,t�~•_� _,� -.._ ��.�en p�rc�n� (70) of the employee's base rate or supplementary pay based on educational credits as outlined in 21.6 of this Article. 21.4 After sixteen (16) years of continuous employment each employee shall choose to be paid supplementary pay of nine percent (9 0) of the employee's base rate or supplementary pay based on educational credits as ou`lined i:� 21.6 of this Article. 21.5 Employees may choose supplementary pay either for length of service or for educational credi�s no �or� cften than once every t�;elve ( 12 ) months. 21_6 Supplementary pay based on educational credits will be paid to employees after twelve (12) months of continuous employment at the rate of: 10 50 Educational Credits stated in terms of college quarter credits 45 - 89 90 - 134 135 - 179 180 or more Percentage Pay increment 3% 0 5% a 7% 0 9% 0 Not all courses are to be eligible for credit. Courses receiving qualifying credits must be job related. (Thus, a 4 year degree is not automatically 180 credits -- or a 2 year certificate is not automatically 90 credits.) Job-related courses plus those formally required to enter such courses shall be counted. �If Principles of Psychology (8 credits) is required before taking Psychology.of Police Work (3 credits), completion of these courses would yield a total of 11 qualifying credits, C.E.U.'s (Continuing Education Units) in job-related seminars, short courses, institutes, etc. shall also be counted. The Employer shall determine tahich courses are job related. Disputes are grievable based on the criteria outlined in the award of Minnesota Bureau of Mediation Services Case No. 78-PN-370-A. Article 22. Waqe Rates 22 . 1 �:ze following nourl�l- caage rates will apply zcr 199 '� : Start. . . . . . . _�}er Six P�Ton}hs _ :-.Lter One Year . _ �,fter Two Years. . After Three Years. . . $12.61 . . 513.�7 . . $1�.50 . . $17.43 . . $19.36 22.2 �::�ployees classified or assigned by the Employer to the rollo��ing job classifications or positions will receive one �undred thirty dollars ($130.00) per month or one hundred �t:irty dollars ($130.00) pro-rated for less than a full month �r7 addition to their regular u✓age rate: Investigator (detective) School Liaison Officer Juvenile Officer Dog Handler Paramedic 22.3 Employees classified by the Employer to the follocaing job classification will receive one hundred eighty dollars 11 5P ($180.00) per month or one hundred eiqhty dollars ($180.00) pro-rated for less than a full month in addition to their regular wage rate: Corporal Article 23. Legal Defense 23.1 Employees involved in litigation because of proven negligence, or non-observance, or non-observance of laws, or of a personal nature, may not receive legal defense by the municipality. 23.2 Any employee who is charged with a traffic violation, ordinance viola�ion or criminal offense arising from acts performed within the scope of his employment, when such act is p�rformed in good faith and under direct order of his supervisor, shall be reimbursed for attorney's €�ees and cburt costs actually incurred by such employee in defending against such charge. 23.3 Employer will provide protection for all Employees against false arrest charges. Article 24. Probationary Periods All newly hired or rehired employees will serve a twelve (12) months probationary period: Article 25. Annual Leave 25.1 Each Employee shall be entitled to annual leave away from employment with pay. Annual leave may be used for scheduled or emergency abser.ces from employ�?ent. Annual leave pay shall be computed at tne regular rate or pa�� to which such an employee is entitled; provided, however, that the amount of any compensation shall be reduced by the payment received by the employee fron 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 received compensation. 25.2 Seniority shall apply on scheduled annual leave up to May lst of each year. After May lst, scheduled annual leave shall be on a first come, first serve basis. 25.3 A beginning employee shall accrue annual leave at the rate of eighteen (18) days per year for the first seven (7) years (84 successive months). An employee who has worked seven (7j years (84 successive months) shall accrue annual leave at the rate of twenty-four (24) days per year, beginning with the 12 5Q eighty-fifth (85th) month of successive employment. An employee who has worked fifteen (15) years (180 successive months) 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 hour regular work week. The actual amount credited to an employee in any given pay period shall be pro-rated according to �he 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. 25.4 For an employee hired on or after January 1, 1984: 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 five days of accumulated annual leave for cash. 25.5 For an employee hired before January l, 1984: Vacation accrued but unused as of December 31, 1983, shall be converted to annual leave at the rate of one (1) day annual leave for one (1) day of vacation. Accrued but unused si;t: leave as of December 31, 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 each full month of employment up to a maximum of two hundred forty (240) hours. The total amount of annual leave credited to the employee's balance as of January l, 1984, shall be equal to accrued but unused vacation plus accrued but unused sick leave converted according to the formula above 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 13 5R amount shall be the maximum total accumulation (cap) for that employee 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 will 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. 25.6 Upon separation from employment with the City, an employee will be paid one (1) day's salary for each day of accrued annual leave remaining in the employee's balance: Article 26. Holidays 26.1 Employees will receive eleven (11) holidays. 26.2 In addition to the eleven (11) holidays, Employees assigned to the Patrol Division shall be paid at one and one-half (1-1/2) times their base rate of pay for all hours worked on the actual holiday between the hours of midnight and midnight. Article 27. Short Term Disability 27.1 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 :�:orking day on �•�hich the employee is absent due to a physician-certified illness or inj.ury 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 employee 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, ��hichever 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 of short term disability benefit by the City to an employee shall not exceed ninety 14 5S (90) working days for any single illness or injury, regardless of the number and spacing of episodes. The annual leave balance of an employee receiving short term disability benefit shall not be reduced, nor shall such employee accrue annual leave during that period. 27.2 Before any short term disability payments are made k�y the City to an employee, the City may request and is erititled to receive a certificate signed by a competent physici�in or other medical attendant certifying to the fact that t:he entire absence was, in fact, due to the illness or inju�ry 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 term disability benefit. Such exami.nation may be made on behalf of the City by any compete�nt person designated� by the City when the City deems the same to be reasonably neces�ary to verify the illness or injury claimed. 27.3 If an employee hired before January 1, 1984, ha:� received payments under the injury-on-duty provisions of' previous contracts, the number of days for which payment was received will be deducted fron the number of days of eligibility for coverage under short term disability for that same injury. Article 28. Funeral Pay Funeral leave will be granted to full time employees up to a maximum of three days. Funeral leave is granted in case of deaths occurring in the immediate family. For this pur�ose imr,lediate family is consid.ered to be a spouse, child, parent, grandparent, brother or sister, nother-in-laca and fa�her-in-la�•�. Article 29. Jury Pay It shall be understood and agreed that the City shall pay all regular full time employees serving on ar.y jury the ��ifference in salary betc•�een jury pay and the employee's regular salary or pay while in such service. Article 30. Compensatory Time Management reserves the right to approve compensatory time in lieu of overtime pay. Com�ensatory time shall not be accumulated in e};cess of twenty-four (24) hours, and must be used within the calendar year in which it was accu�nulated as determined by the employer. Article 31. Employee Education Program 31.1 The City will pay certain expenses for certain education courses based on the following criteria. 15 5T a. The training course must have relevance to the employees' present or anticipated career responsibilities. Attendance shall be at a City approved institution. The course must be approved by the Department Manager. b. Financial assistance will be extended only to courses offered by an accredited institution. This includes vocational schools, Minnesota School of Business, etc. 31.2 Programs Financial Policy Financial assistance will be extended to cover only the cost of tuition. Charges for books, student union membership, student health coverage and other charges for which the student receives some item or services other than actual instruction will not be paid. The City will pay 50% of the cost of tuition in advance of the employee's actual participation in the course and the employee shall pay 50% of the cost. Upon successful completion of the course, an employee will be required to present to his.Department Head a certification of satisfactory work. Satisfactory work is def ined as follo.as : a. In courses issuing � letter qrade, a C or abc�.-e �s required. b. In courses issuing a numerical grade, 70% or above is required. �,. In courses not issu�r� a grade, a certification From. the instructor that the student satisfactorily participated in the activities of the course is required. 3l. � Ii ttZe Employee satis�� :coLily cc:npie�e� t':ie �,u�s�, _1�.� Employee will be reimbursed for the additional fifty percent (50%) of the tuition cost for which the Employee obligated himself or herself in the approved application. If the Employee fails to satisfactorily complete the course, the Employee will not be reimbursed_ 31_: The program will not reimburse the Employee for the hours the Employee spends in class, only for the tuition. 31.� Fxpenses for which the F.mployee is compensated uizder some other educational or ass istance proq rZm, such a; ttz� G 1 i� i_ 1 1, will not be covered. 3 L 6 `I'he City will not pay tuition or other costs for those courses which are used to make the Employee eligible for additional salary. 16 5l! Article 32. Pay for Investigators or Detectives Employees receiving the one hundred thirty dollars ($130.00) per month differeniial pay shall not be eligible for the overtime provisions of the contract applicable to Police Officers, but they shall be eligible to receive overtime at time and one-half the Employee's regular base rate of pay if the Employee is assigned by the Emplayer to work in excess of 159 hours in a 26 day work period. Article 33. BMS Case No. 85-PN-486-A, Issue 8 The City shall establish a minimum of two months between each shift change in the rotation. Article 3•4. Waiver 34.1 Any and .all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this Agreement, are hereby superseded. 34.2 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 this 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 contemplation of either or both of the parties at the time this contract was negotiated or executed. Article 35. Duration This Agreement shall be effective as of January l, 1994, and shall remain in full force and effect through the thirty-first day of December, 1994. In witness whereof, the parties hereto have executed this Agreement on this 7th day of February, 1994. 17 5V FOR CITY OF FRIDLEY William J. Nee, Mayor William W. Burns, City Manager FOR LAW ENFORCEMENT LABOR SERVICES, INC. Thomas Skelly, Business Agent Kurt Morse, Steward I hereby recommend approval of this agreement. William C. Hunt, Assistant to the City Manager David H. Sallman, Public Safety Director m 5W CITY OF FRIDLEY M E M O R A N D II M �(�. \� TO: WILLIAM W. BURNS, CITY MANAGER � FROM: RICHARD D. PRIBYL� FINANCE DIRECTOR WILLIAM A. CHAMPA, CITY CLERK SUBJECT: MINNESOTA LAWFUL GAMBLING PREMISE PERMIT RENEWAL APPLICATION FOR RNIGHTS OF COLIIMBIIS FRIDLEY DATE: FEBRUARY 2� 1994 Attached is a resolution approving the renewal application for a Minnesota Lawful Gambling Premise Permit for Knights of Columbus Fridley located at 6831 Highway 65 Northeast. The Minnesota Gambling Control Board requires the adoption of a resolution approving or denying this premise permit renewal application. These applications expire every two years. � RESOLUTION N0. - 1994 RESOLUTION IN SUPPORT OF A RENEWAL APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT TO KNIGHTS OF COLUMBUS FRIDLEY WHEREAS, the City of Fridley has been served with a copy of a Renewal Application for a Minnesota Lawful Gambling Premise Permit for Knights of Columbus Fridley; and WHEREAS, the location of the Premise Permit is for Knights of Columbus, 6831 Highway 65 Northeast; and WHEREAS, the City of Fridley has not found any reason to restrict the location for the charitable gambling operation. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley approves the Minnesota Lawful Gambling Premise Permit to Knights of Columbus Fridley. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1994. ATTEST: WILLIAM A. CHAMPA - CITY CLERK � ► WILLIAM J. NEE - MAYOR CITY OF FRIDLEY MEMORANDOM ��. TO: WILLIAM W. BURNS, CITY MANAGER � FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR WILLIAM A. CHAMPA, CITY CLERK SUBJECT: ST. WILLIAM'S CHARITABLE GAMBLING DATE: FEBRUARY 3, 1�94 Attached is a resolution in support af a lawful gambling application for the Church of St. William. St. Williams plans to hold their annual "Family Fun Night" on April 17, 1994. This one night event will include bingo, raffles and pull tabs. �� RESOLUTION N0. - 1994 RESOLUTION IN SUPPORT OF A MINNESOTA LAWFUL GAMBLING APPLICATION FOR AUTHORIZATION FOR EXEMPTION FROM LAWFUL GAMBLING LICENSE TO THE CHURCH OF ST. WILLIAM WHEREAS, the City of Fridley has been served with a copy of a Minnesota Lawful Gambling Application for Exemption from Lawful Gambling License for the Church of St. William; and WHEREAS, the City of Fridley has not found any reason to restrict the location for the charitable gambling operation. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley approves the Minnesota Lawful Gambling Application for Exemption from Lawful Gambling-License for the Church of St. William for bingo, raffles and pull-tabs to be held April 17, 1994. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF FEBRUARY, 1994. ATTEST: WILLIAM A. CHAMPA - CITY CLERK 7A WILLIAM J. NEE - MAYOR CIiY O� 'r=,�il�._. , G431 UNI�'�fZSiTY AVENUE tiOr;iHtAST FRIDLEY, MN 55432 (612)5713450 License # APPL(CATION FOR A LAWFUL GAMBLING PERMlT AND IAWFUL GAMBLING LIQUOR ON-SALE ENDORSEMENT SUPPLEMENTAL FORM TO THE STATE OF MINNESOTA'S APPLICATION FO TO THE C(TY COUNCIL OF FRIDLEY, MINNESOTA The underslgned hereby makes apppcation for a charitable gambiing permit or a charitable gambli orsem accordanc� Chapter 30 of the City Code of Fridley. � _�( j%/��` ` �' �-�.-� G �''' � . , Fee: $ 25:00 Garnbiing Permi o�: �� l�% � $300.00 Liquor Gambting Endorsement �„«,�t ��: � .a" � `=' � Expires: April 30, 19;-� � r� �P��;«, � a�� :.� Name of app(ican� �'fii-1 � �' �f �r ..� % lt � � ! i !�� '9.9/1 Y ,%i� /%�'�/� �ti (CHARITABLE ORGANIZATION OR LJQUOR ONSALE ESTABUSHMENn Business address: t� / 1�- �`-=iF- j-%� 1% /� C i t/'i :)`C i '` '� '"`' ' �' -y J`� ,� L "J C'i � ; Business phone number. ,� %�- �-(f �� C Please attached to this application a list of Char�table Organizatio�'s curreM active members, nemes end eddresses. Date Charitabte Organ�zation was establ'�shed: /!' � =� PLEASE ATTACH A COPY OF THE LEASE AGREEMENT WITH CHARITABLE OGANIZATION. .'� / _._ � '` , �. , J /, - J _i` �' .' • � , `\ / � �:1✓/ .:" 'A' /�'. ` ; - - ._. - �- ' �`/"%.v��.il.�-w^ / ; __ - i SIGNATURE OF APPLICANT PLFJaSE NOTE: Section 11.11: The penalty for late payment of all I'�censes and permit fees as shown in Section 11.10 of the City Code shall t of the amount of the fee 'rf recaived from 1 to 7 days late. If tfie payment is received more than 7 days after R is due, tt�e penalty shall be 50°h fee. If payment is not received 30 days after She due date the business MUST disconti�ue operation. FOR CITY USE ONLY: ^ ` / PUBLIC SAFETY DIRECTOR By: Approved: � f Denied: FIRE INSPECTOR By: Approved: Denied: C1TY COUNCIL• Approved: 9/91 . Denled: Date: °* J l Date: Date: CITY OF Ft�IDLEY MEMORANDOM ��. TO: WILLIAM W. BURNS, CITY MANAGER �. FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR WILLIAM A. CHAMPA, CITY CLERK SUBJECT: ESTABLISH A PUBLIC HEARING FOR JANG-WON RESTAURANT F4R AN ON-SALE BEER LIQUOR LICENSE DATE: FEBRUARY 2, 1994 Jang-Won Restaurant, 6440 University Avenue Northeast, is applying for an On-Sale Beer License. Pursuant to Chapter 602 Section .05 of the Fridiey City Code, we are required to hold a public hearing before issuing this license. As a result, we would like to establish a public hearing for Jang-Won Restaurant on February 22, 1994. The Police Department has approved this license after performing an investigation on Soeng Ho Jang. : � _ � . Community Development Department PLANNING DIVISION City of Fridley DATE: February 3, 1994 ��. TO: William Burns, City Manager � FROM: SUBJECT: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Request by Minnesota Multip�.e Sclerosis Society to Waive Temporary Sign Permit�Fee and Deposit We have received a request from the Minnesota Multiple Sclerosis to waive the temporary sign permit fee and deposit to allow them to display a banner promoting the Super Cities Walk. The Super Cities Walk raises funds to fight Multiple Sclerosis. The banner is 4' x 8', and is proposed to be displayed at the SuperAmerica located at 7299 Highway 65 N.E, The banner does have the word "SuperAmerica" on it; however, it is not the primary focus of the banner. The Multiple Sclerosis Society is the applicant, not SuperAmerica. The Multiple Sclerosis Society is a non-profit organization. The banner is proposed to be displayed only for one, two week period from March 13 - 26, 1994. The Multiple Sclerosis Society has displayed banners at SuperAmerica in the previous three years, however, this is the first year that they have requested that the fee and deposit be waived. In past years, the Multiple Sclerosis Society, not SuperAmerica, has been responsibie for the fees. The City Council has waived the fee and deposit requirement for the Bloodmobile at Fridley United Methodist Church. Section 214.15.D of the Sign Code permits the City Council to waive the fee requirements for non-profits. Staff recommends that the City Council grant the request to waive the temporary sign permit fee and deposit. MM/dn M-94-05 MINNESOTA MULTIPLE SCLEROSIS SOCIETY 2344 Nicollct Avcnue Suite 280 Minncapolis, Minnesota 55404-3381 612-870-15(Kl or 1-800-582-5296 (both Voice & TDD) FAX: 612-870-0265 December 29, 1993 City of Fridley Attn: Michelle 6431 University Ave. NE Fridley, MN 55432 Attn: Members of the City Council This year, the Multiple Sclerosis Society will again be doing the SUPER CITIES WALK� to raise funds to fight multiple sclerosis. We will be hanging banners at Metro area SuperAmerica stores to promote this event and would like to hang a banner at the store there in Fridley. We would request that the council please waive the permit fee and the deposit as we are a non-profit organization. We have enclosed a completed application, a drawing of the banner, and a copy of our mission statement. Please contact me at (612) 870-1500 with any questions or in regard to any fees. Thank you for your help in the fight against MS. Sincerely, C_ � -� ` C�-. -� �, ��, t � �' `..� .�-�-y��-'iF Tammy Sathre Customer Service ba/6389DE Rerrtenzber t�,s j,�t your tvill. yH Applicant: Address: ; Citv/Zin%I' Sign Erector: Name/Business: Address: %� Citv/Ziv/Teleph CITY OF FRIDLEY TEMPORARY SIGN PERMIT APPLICATION one: �.�C c'�� c � -� G%�_ ) �. ��' � �-�-k'• Period of Temporar�Sign DisplaY: Erection: �,,.� Expiration: � (14 days maximum Proposed Sig�n Location: Address: � ! � ' l' Zoning: I�escription of SiQn: � � ( ) Balloon ( ) Porta-Pa el ( �Banner ( ) Other Length � Height � Square Footage Buildin� Characteristics: ( ) Multi-Tenant Building {� ) Free-Standing Building �i :. '.f i_ � i, � v ., .... .► C,j i: :.� The undersigned hereby makes application for a temporary sian permit for the work herein specified, aQreeing to do all work in strict accordance with the City of Fridley ordinances and rulings and hereby declares that aII the facts and representatives stated in this application are true and correct. � � � `'t "7 � !l JC ) f � `�� ' :' � ``. Date � Applicant (please print) l� ��x ��y = :1 r � � 1 ) � i I 1 U «. �;: � Date ' Owner (please print) Date City Sign Code Enforcement FOR OFFiCE USE ONLY: Previous Permits Granted this Year: Yes, Permit No. No_ Temporarv Si�n Permit I�Tumber: SI Fees: Under 40 square feet in area -$ 24.00 Receipt:. Over 40 square feet in area -$ 60.00 Receipt:. * Deposit - �200.00 Receipt: * THE DEPOSIT WILL BE CASHED BY THE CITY. The deposit will be refunded if the temporary sign is removed by noon of the next business day after the temporary sign permit expires. THERE WILL BE A 2-3 WEEK WAIT AFTER EXPIRATION PRIOR TO APPLICANT RECEIVING REFUND. 9B . �� _ � � � _ . � ~ � M �� f � � � ' � . � ' - � � �� a � � � • �. � S�' � _ CZJ � �+ 0 an G �c •. . : � � a r= =. o •-� — co .c a x u v m co .c ca .a �, tin v E aJ � o .� •� �+ � .: w 3 �+ i+ J n3 N ? ,.�., J .7 C •r-1 7, v� 'U :J � r— � :D ^ cJ � G �'J U �.` •ri :J VI bp � a u o c m .:. 1J t0 �.,�., L L "d .('. �a L -{�. V) • • +V � � � 41 f�+ N +� C U +� +� N aJ O � +-1 U Cl. � The riS Socie�y is a non-pro�i� orcz::��ation t'-�at hzs �ee.. es��blished �o address the problems e� AiS. Pi�SSION STF��^l�?\'T: T�� tr�pos� o= T:� rs7��.�soT� r;ULT�� sc��esls so�_�T� -s : �O PROViD� =30GF�n:S t-.2�TJ S;i��%IC=S h::IC : �Iv::i-.N:.: __... QJ?::..�__ O� L� �.�. � vZ _.�L_'tiJOl\J YY �O �.f:`i .� 1'1JL� r?�-�.� J'vL��G.�..� C� �C � UI\� ��s�� :c� To _ lr� �:_ c�:vs� o_ �r� cL�,� _ o� rsJ�_ _�� SC��ROSIS� ?�I�� TO �iDVO,^rF:T;,'. F.�C�SSi�_�I=Y _OsZ J�:,L �=::SO?�S. • � � _ � Community Development Department PLANNING DIVISION City of Fridley DATE: February 3, 1994 A � �S- TO: William Burns, City Manager R A� FROM: SUBJECT: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Resolution Approving Final Plat, P.S. #93-02,. Shorewood Plaza Revised The Planning Commission voted unanimously to recommend approval of the Shorewood Plaza Revised plat at its July 14, 1993 meeting. The City Council conducted a public hearing regarding the proposed plat at its September 27, 1993 meeting. Preparing the final plat has taken more time than usual because of the title work and the number of property owners involved in this request. The purpose of the plat was to correct curvature alignments in the East Moore Lake Drive right-of-way, dedicate new utility and drainage easements, and to include the parcel containing the Moore Lake Shopping Center. Approval of the plat will resolve long standing legal description and title problems. Recommendation Staff recommends that the City Council approve the attached resolution approving the final plat of Shorewood Plaza Revised. MM/dn M-93-720 RESOLUTION NO. - 1994 A RESOLUTION APPROVING PLAT, P.S. #93-02, SHOREWOOD PLAZA REVISED WHEREAS, the Planning Commission held a public hearing on the Plat, P.S. #93-02, on July 14, 1993, and recommended approval; and WHEREAS, the City Council also•conducted a public hearing on the proposed Plat at their September 27, 1993 Council meeting�and approved the Plat at their meeting; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley hereby approves the Plat, P.S. #93-02, Shorewood Plaza Revised, and authorizes the Mayor and City Manager to sign the Plat as prepared by Kurth Surveying, Inc. BE IT FURTHER RESOLVED that the petitioner is requested to record this Plat at Anoka County within six (6) months or said approval with become null and void. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1994. ATTEST: WILLIAM A. CHAMPA - CITY CLERK 1�A WILLIAM J. NEE - MAYOR 1 � J � W � � W � N J �.. � � w � Q � P.S. ��93-02 Shorewood Plaza Revised 1N31'If1NOq'O� vNONy'•, biN-Ofl-f1��3S '• � _ / bZ-Of_fl_�35 '7 101 '1.n0�J 3HIl 15v3-� _ H3NN0� b�� OS �•.,, �(7!- \�A1 LJ N' C� ^J� _ �14� �� 'iY�i11 �,;_j��-y"_"_"_"'_..�..�� R � �v l t 7 . O ��. . :.�.�:•' _,�69tr[ • B � r M'OYY ° H1f105, •• . n.aL.iO -o _ i 1 � � � I � ry I WO 'O = N � J� I. = W U ; I 1- y �W Iti w N ` IW I 1 _. �`��• — �,;� _ � ;:��,'.�� 7 y' T� �� "� � �~ � ,D q �.- ` u z . •sr � ( ZW � �aorr.,\— ..�Q. � p�• � �cm � r \ \ °�' , , ` � �. o \\ � (.__ __ \\ \ `�\ \ \ 1 � � � _ I �;� � cr_� woj,.I "� = wt �� y' � � iT!I a�i z W . ..' �. I ... rn r;:� •Q . � �� • U Q. 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Community Development Department PLANNING DIVISION City of Fridley DATE: February 3, 1994 � TO: William Burns, City Manager �� SUBJECTt Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant First Reading of an Ordinance Approving a Vacation Request, SAV #93-03, by the City of Fridley; Shorewood Plaza Plat The Planning Commission reviewed the vacation request at its August 11, 1993 meeting. The purpose of the vacation is to vacate all utility easements dedicated on the plat of Shorewood Plaza. New easements will be dedicated as part of the recording of Shorewood Plaza Revised. The Commission voted unanimously to recommend approval of the vacation request to the City-Council. The City Council conducted a public hearing regarding the request at its September 27, 1993 meeting. Staff recommends that the City Council conduct the first reading of the attached ordinance. MM/dn M-93-719 ORDINANCE NO. AN ORDINANCE UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE The City Council of the City of Fridley does hereby ordain as follows: SECTION 1. To vacate all easements as donated and dedicated to the public for drainage and utility purposes and as shown on the recorded plat of Shorewood Plaza, as corrected by Surveyor's Certificate files as Document No. 176792. All in Anoka County, Minnesota. This propert� is generally located.at the intersection of Highway 65 and East Moore Lake Drive, between Highway 65 and Central Avenue. Al1 lying in the South Half of Section 13, T-30, R- 24, City of Fridley, County of Anoka, Minnesota. Be and is hereby vacated. SECTION 2. The said vacation has been made in conformance with Minnesota Statutes and pursuant to Section 12.07 of the City Charter and Appendix C of the City Code shall be so amended. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1994. WILLIAM J. NEE - MAYOR ATTEST: WILLIAM A. CHAMPA, CITY CLERK Public Hearing: September 27, 1993 First Reading: Second Reading: Publication: ��a SAV ��93-03 City of Fridley /' / h.� ��.�.�•� , I I I " / � �y � � - s �s�•,,r. / • `.' �-- .rt v _.. \ ` / _�': � F. . `��,, . �' ' • -- �^�-..+... 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V�t M�IMWI t�wl �� . w..c...e• wo��cw. +o a«.c. cuna 1 � `/ �--� . r�wa w.v�.wr I NeW Water/Sewer/Drainage Easements CITY OF FRIDLEY PLANNING COMMI$SION MEETING, JANUARY 12, 1994 ______________��_______��_____�___________�__�_____��____________ CALL TO ORDER• Vice-Chairperson Kondrick called the January 12, 1994, Planning Commission meeting to order at 7:30 p.m. ROLL CALL• Members Present: Dave Kondrick, Dean Saba, Diane Savage, Brad Sielaff, LeRoy Oquist Members Absent: Dave Newman, Connie Modig others Present: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Dave Sallman, Director of Public Safety Greg Asproth, University Billiards Ty Wilson, University Billiards Sarah Gardner, 3300 Edinborough Way, Edina Julie Brunner, 7235 East River Road APPROVAL OF DECEMBER 22 1993 PLANNING COMMISSION MINUTES: MoTION by Mr. Oquist, seconded by Ms. Savage, to approve the December 22, 1993, Planning Commission minutes as written. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED UNANIMOUSLY. l. _�Tabled) CONSIDERATION OF A SPECIAL USE PERMIT SP #93-17, BY UNIVERSITY AVENUE BILLIARDS INC. Per Section 205.17.O1.C.(4) of the Fridley City Code, to allow an expansion of a commercial recreation use on Lots 4, 5, and 6, Block 1, Paco Industrial Park, except the North 35 feet of said Lot 4, generally located at 7178 University Avenue N.E. MOTION by Mr. Oquist, seconded by Ms. Savage, to remove SP #93-17 from the table and to continue the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. McPherson stated the Planning Commission reviewed this special use permit request at the December 22, 1993, meeting. The petitioner is proposing to add an approximately 6,000 square foot expansion onto the existing University Billiards space located at 7178 University Avenue N.E., which will bring the total square footage of the commercial recreation use to 13,792 square feet. The addition would allow the petitioner to add 16 pool tables, five 12 PLANNING COMMISSION MEETING, JANUARY 12, 1994 PAGE 2 arcade games, two dart games, an expansion to the existing kitchen, and the addition of a pro shop. Ms. McPherson stated that at the December 22, 1993, meeting, staff recommended that the Planning Commission recommend denial of this request due to the lack of adequate parking provided on the site. Ms. McPherson stated that at the request of the petitioner and the building owner, staff has re-evaluated the parking requirements. The original number of spaces was calculated based on 10 foot wide stalls which is the size required in commercial districts. xowever, an ordinance change in the last three years permits nine foot stalls on properties which are zoned industrial. In recalculating the number of spaces using nine foot stalls, there are 179 spaces available on site which are more than adequate to handle both the proposed expansion by University Billiards and the reoccupancy of the last remaining 6,000 square feet of leasable _ space. However, because of the winter conditions and the amount of snow, staff was unable to verify if the parking lot is currently striped at nine feet. Ms. McPherson stated staff has added stipulation number 8 which states: "As weather permits, the petitioner shall verify the parking stall width and restripe the parking lot if necessary. Ms. McPherson stated staff is still recommending the seven stipulations as presented at the December 22 meeting, The stipulations are as follows: l. The hours of operation shall be limited from 8:00 a.m. to 1:00 a.m. 2. No juveniles shall be allowed in the University Billiards without their parents after 9:30 p.m. 3. The petitioner shall provide adequate adult staff at all times with at least two adults on staff from 6:00 p.m. to closing on Fridays and Saturdays. 4. The petitioners shall patrol parking lot and manage its misuse. 5. No alcoholic beverages shall be served or allowed on the premises. 6. The development owner shall notify the City of future additions/expansions of vacant building space and shall accept limitations on occupancy of remaining vacant space should parking shortages result. The development owner shall agree in writing to accept this stipulation prior to the approval of the special use permit by the City Council. 12A PLANNING COMMISSION MEETING, JANIIARY 12, 1994 PAGE 3 7. The speci��l use permit shall be reviewed by the City Council or►e year from the date of approval or sooner if the City cletermines there is a management problem which requires �:urther restrictions or removal. 8. As weather permits, the petitioner shall verify the parking stall width and restripe the parking lot if necessary. Ms. McPherson stat.ed that at the December 22 meeting, the Commission spent a:Lot of time discussing the testimony provided by the Police Depart:ment. Public Safety Director Dave Sallman is at the meeting to restate the department's concerns regarding this request and to answe:r any questions the Commission may have. Director Sallman s,tated he would like to state the Police Department's positic�n on this special use permit request. When a situation affects the public safety and crime prevention of the City, they feel o:bligated to state that opinion. In this particular case, th�a strip mall in which University Billiards is located, along with U.S. Swim & Fitness, had twice as many crimes committed over the past year than the strip mall at East Moore Lake Commons. Director Sallman st:ated they selected East Moore Lake Commons because it is the c;losest in the City with a health club to make a comparison. WhE:n they met with the owners of University Billiards, the Police Department offered to use any strip mall they wished the Police DE�partment to use for crime comparisons. Director Sallman stated they are not saying that the owners of University Billiards run a bad business or do not do a good job. Calling the police on some of these issues shows that the owners have shown some res��onsibility to deal with the issues that occur within their building. The point he is trying to make is that other businesses do not have to do that. The Police Department has received complaints from other business owners saying that the Police Department is; not doing its job because of the damages that occur to vehicles ��arked outside their businesses in this strip mall. Director Sallman sl=ated the question could be asked: Should University Billiard:� be held responsible for the conduct of what occurs around them? That is a decision the Commission will have to make. In the Pc>lice Department's opinion, if it was not for University Billiard:� being at that location and being open almost 24 hours per day, ttiis would not be an issue. Director Sallman stated that regarding juveniles, there is a requirement that juveniles be off the street at 9:30 p.m. The owners of Universit�� Billiards allow juveniles of a certain age to stay until 10:00 p.m. and another age to stay until 12:00 p.m. f2B PLANNING COMMISSION MEETING JANUARY 12 1994 PAGE 4 Director Sallman stated that even though the business does not have a liquor license and drinking is not allowed, it might as well have a liquor license because there is drinking in the parking lots. The only alcohol offenses that the Police Department can enforce on private property are DUI's or under age drinking. Director Sallman stated that even if all juveniles (under age 18) are asked to leave University Billiards by midnight, there are a number of juveniles, aged 18-21, who have still been drinking. That is not the concern of the owners, but it is against the law. Ms. Savage stated that stipulation #1 states that the hours of operation would be limited from 8:00 a.m. to 1:00 a.m., and stipulation #2 states that no juveniles shall be allowed in University Billiards without their parents after 9:30 p.m. Did Director Sallman believe these two stipulations would help? Director Sallman stated that if the Commission recommends approval of this special use permit, the Police Department would like those restrictions added. Juveniles are responsible for some of the problems going on at this location. Mr. Sielaff asked when is the most frequent calls for service. Director Sallman stated about 39% of the calls for service occur after 1:00 a.m. A lot of people do not know when the actual crime is committed and report the crimes when they are discovered. The calls for service include lockouts, medicals, etc. Mr. Oquist stated that at the last Planning Commission meeting, there was also some discussion about U.S. Swim & Fitness being open 24 hours a day. It wasn't clear to him whether some of the crime issues were related to the billiards business or to the health club. Director Sallman stated it is the Police Department's opinion that the crime is related to the billiards business. As stated earlier, 39 0 of the calls for service to the billiards operation occur after 1:00 a.m. In comparison, 15% of the calls for service to the health club occur after 1:00 a.m. The health club is not a comparable business, and there is a much smaller number of people at the health club between 1:00 - 8:00 a.m. Mr. Saba asked if a police officer ever goes into University Billiards. Director Sallman stated police officers do walk through University Billiards as time permits. Mr. Kondrick stated that at the last Planning Commission meeting, the Commission members had brought up the fact that more lighting might be a deterrent to crime in the parking lot. Did Director Sallman think that more lighting would be a deterrent and would prevent some of the crime that is happening to adjacent businesses? 12C PLANNING COMMISBION MEETING. JANUARY 12. 1994 PAGE 5 Director Sallman si:ated it is reasonable to assume that more lighting would cut ciown some of the crime activity. Mr. Kondrick asked if the Police Department believed it is important for Unive��sity Billiards to close at 1:00 a.m. Director Sallman st��ted that the bars must close at 1:00 a.m. He does not see much. difference between a bar and University Billiards, with the. exception that minors can be at University Billiards because tr�ey do not have a liquor license. The City has control over establishments with liquor licenses when there are reports of underage� drinking, etc., and they do not have that control with University Billiards. That is the Police Department's reason for the 1:O�D a.m. closing time. He believed a 1ot of University Billiard:�' business after 1:00 a.m. is post bar rush. Mr. Greg Asproth, co-owner of University Billiards, stated there are a lot of things, that Director Sallman said that he does not agree with, and thez•e are some things that he does agree with. He did agree that if their business was not there, there would be less crime in this area. Making them look like they have all underage drinkers and things going on almost on a regular condoned basis is very far from the truth. He stated they fight tooth and nail to run the cleanest esi�ablishment they can. It is nearly impossible for the owners of tY:�is kind of business to control everything that goes on in the parking lot. Over the last two year period, they have had over 300,OCi0 customers. The percentage of crime compared to those 300,000 pe<�pZe is relatively low. Mr. Asproth stated t:hat he and his partner, Ty Wilson, do not like �o see juveniles drinking. They patrol the parking lot regularly, and aZl employees are instructed to ask juveniles to leave immediately if thE�y are drinking, or they call the Police Department which tr�ey have been encouraged to do. If they are limited to the 1:.00 a.m. closing time, it won't stop the teenage drinking. The teen�igers will just go somewhere else to drink. It will just change the crime rates to other places and maybe these other places will not do as good a job as they do to control the problems. Mr. Asproth stated that when University Billiards expanded their business before, they did have stipulations which they followed. They have made a point to watch the parking lot tighter and tighter, because th�:y agree that is where the biggest problem is. Mr. Asproth stated �their business is a good, healthy business. A lot of the 150,000 c:ustomers per year are from Fridley. There are people who work nigi-�ts who come in and play, and those people would not be able to play if the City puts on these limitations. Mr. Asproth stated t:he parking lot is full every night. They don't feel they can hand].e very many more cars than what they already have, but they neeci more room in the building for more tables. 12D PLANNING COMMISSION MEETING, JANUARY 12, 1994 PAGE 5 Their goal with the expansion is to better serve the customers they have now. They have a waiting list almost any night of the week. Customers wait 2-3 hours to get a table. If they are required to close at 1:00 a.m., many of their customers would not be able to play and their competing businesses would thrive. Right now, University Billiards is the biggest and the best at wYiat they do. Ms. Savage stated she could not recommend approval of the special use permit if the petitioners are not in agreement with the stipulations recommended by staff. Mr. Asproth stated they want to follow every law and rule to make their business successful, but they cannot afford to expand if they are required to abide by some of these stipulations. Every other billiard room in the Twin Cities area is open at a minimum until 4:00 a.m.; the maximum is all night. There are 8-10 billiard rooms in the Twin Cities area. Mr. Saba asked if the petitioners have done any studies about added security. Mr. Asproth stated they have the option to put in more lighting. They could also do more security, especially on weekends. He called their leasing company about getting estimates on lighting. The leasing company wanted to know how many lights and how many candle watts per light. He stated it is difficult to know what they want and what the City would �equire. However, they would be happy to add more lighting. Mr. Saba asked if the petitioners allow drinking in the parkinq lot. Mr. Asproth stated they do not tolerate any drinking. When they see someone drinking, that person is kicked out permanently. They have a long list of people who have been asked not to come back. Mr. Kondrick stated he believed that lighting is part of the answer to the crime problem at this location. They have to either find some way to prevent so many police calls to this location, or they are going to have to enforce a closing of 1:00 a.m. Mr. Asproth stated that if the City wants to stop all crime, then all the bars should be closed and no liquor licenses issued. He stated that it sounds like the Police Department is coming to their place very night, but that is not the case. There are a lot of combined offenses by certain people. They cannot deny that there is crime out there, but they cannot control it all. They just do the best they can to control it. The majority of the people they attract are good people and are going to suffer because of the few bad people who make the business look bad. He would invite every Commission member to visit their business. 12E PLANNING COMMIS3ION MEETING, JANIIARY 12, 1994 PAGE 7 Mr. Oquist asked i:E Director Sallman had talked to any of the people from other communities that have billiard rooms about whether they are ex��eriencing problems. Director Sailman sta�ted that they have checked with the City of Eik River. Because the City of Elk River was also experiencing crime problems, it restricted the hours to 1:00 a.m. Coon Rapids Billiards is having more problems inside than Fridley has and wou2d like to do somethinc� about it. Director Sallman st;ated he believed it is true that University Billiards is the best run billiard room in the Twin Cities. The owners are honest arid sincere in saying that they do as good a job as they are capable of doing. The Police Department's concern is based on past histoz-y. The problems are still there; and if there is an expansion, tY:�e Police Department sees an expansion of the problems that are already. there. Mr. Asproth is right about the fact that the Police Department is not there every night. Ms. Savage asked Mr. Asproth's position on stipulation #2 stating that no juveniles sY�all be allowed in University Billiards without their parents after 9:30 p.m. Mr. Asproth stated i.t is a hard issue. They have a lot of 17 year- olds who come in with their girlfriends after a football game. With this restriction, they would have to sit at the door and monitor and tell th��se teenagers they cannot come in anymore. It is an issue they cari deal with, but by not allowing them in, it is sending these teenagers to another billiard room that is not run as well as theirs is. They follow the curfew law which is no loitering or loafing any time after 9:30 p.m., and they are even stricter than the City's curfew law. They card and do not allow minors, 17 years o:Ld and younger, into the establishment after midnight. At lO:Oo p.m., they ask all minors, 16 years old and younger, to leave. Mr. Ty Wilson, co-o�aner of University Billiards, stated when they researched the busir.�ess before opening, they decided that the nicer and classier place they had, the less chance they would have of attracting the undE:sirable people. They spared no expense in making their place nice and first class. With the expansion, besides putting in a restaurant and pro shop, they also plan to spend a considerable amount on maintenance, new carpeting, etc. This will make the place even nicer and less comfortable for the undesirable people �than when they first opened. Mr. Wilson stated th.at as far as the parking lot issue, he believed a vast majority of �the problems stem from thefts in their parking lot, and most of ttiese thefts occur after 1:00 a.m. But, after 1:00 a.m., there are not many cars in public parking lots, other than University Bil:Liards, restaurants, etc. He believed if they light up the parkin�� lot more, it would vastly he.lp the problem. 12F PLANNING COMMISSION MEETING, JANUARY 12, 1994 PAGE 8 Mr. Wilson stated a majority of their business is before 1:00 a.m. than after 1:00 a.m. However, if people are going to leave their houses at 10:00 p.m. to play pool and they know there is a waiting list of at least an hour, with a closing time of 1:00 a.m., they will go somewhere else that has a later closing time. People who come later anticipate playing until 2:00-3:00 a.m. Closing at 1:00 a.m. would hurt their business tremendously. Mr. Wilson stated they are very opposed to alcohol drinking. They have common sense rules that must be followed. Most people do obey the rules, and they make examples of the people who do not obey the rules. Some very good customers have been kicked out forever. This sends the message that certain things will not be tolerated. Mr. Wilson stated he understands the City's problem about crime.. They run the most successful billiard room in the state. One of the reasons it is so successful is because he and Mr. Asproth are there every night to see what is going on and to enforce the rules. Their goal was to open up the nicest, non-alcoholic, billiard room in the whole State of Minnesota. They are successful because their place is a safe, clean, fun place to play pool. To put these stipulations on them would put a stranglehold on their business. Mr. Kondrick asked when University Billiards closes. Mr. Wilson stated they have no restrictive hours now. They generally stay open until 5:00 a.m. on weekdays and 7:00 a.m. on weekends. Mr. Sielaff referred to stipulation tt7 which states: "The special use permit shall be reviewed by the City Council one year from the date of approval or sooner if the City determines there is a management problem which requires further restrictions or removal." He asked the petitioners if they could live up to that stipulation. Mr. Asproth stated he believed they can. They would not agree to tha� stipulation if they did not feel confident that they could abide by it. Mr. Saba stated that at the last Planning Commission meeting, the petitioners mentioned the possibility of a video camera aimed at the parking lot. Is this a possibility for added security? Mr. Wilson stated they have discussed the possibility of a video camera, not only for the parking lot, but also inside the building itself. Mr. Oquist asked if there is any possible compromise on the closing time. Mr. Wilson stated that is difficult. The customers who come in at 12:00 or 1:00 a.m. want the option to play until 4:00 - 6:00 a.m. 12G PLANNING COMMISSION MEETING. JANUARY 12, 1994 PAGE 9 Mr. Asproth stated the majority of the crime-related activities appear to be happening during University Billiards' busiest hours which are 10:00 - 2:00 a.m. So, a closing time of 1:00 a.m. is not going to solve thos�e problems. Director Sallman st�ated that it is probably true that most of the problems are going to occur during the time when University Billiards is its btisiest. The Police Department's issue is not what goes on insid�e the business; the owners do a fine job of running the business. The problem is it is a place to hang out. He stated he beliE:ved the Police Department has been kind by limiting the scope ��f its study to the mall rather than expanding it to the whole grid area and comparing it to another industrial grid. MoTION by Mr. Sielai:f, seconded by Mr. Oquist, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPER30N RONDRICR DECLARED THE MOTION CARRIED AND THE PIIBLIC IiEARING CLOSED AT 8:50 P.M. Mr. Kondrick stated that at the last Planning Commission meeting, the Commission members had discussed the issue of more lighting, and he wished the p��titioners had done more to show that lighting might be part of th�� answer to these problems. Mr. Oquist stated He sees the hours seems to be after a good business. they could add more lighting as a stipulation. a" the real issue. A fair amount of the business 1:00 a.m. It sounds like the owners try to run Mr. Saba stated the owners do run a good buszness. The problem is that the business is drawing the wrong element, and limiting the hours might not be the answer to this type of situation. The element is going to be there any time between 10:00 p.m. and 1:00 a.m, and after. Ms. Savage stated she only sees more problems if the business is allowed to expand. More lighting might help, but people still commit crimes when lights are on. She did not believe the petitioners would ac�ree to any compromise regarding the hours. No one is saying that the owners are not doing a good job, but that is irrelevant. When you have a place that stays open almost all night where a lot of people can congregate, that is a built-in situation for probl��ms. Mr. Sielaff stated lhe sees stipulation #7 regarding the review of the special use per�mit as the key. The owners have said they are willing to assume the risk of that stipulation. The owners have a lot to lose if things do not improve. It certainly gives the owners an incentive to do whatever they can to help eliminate the crime that is happe�ning now. 12H PLANNiNG COMMI38ION MEETING, JANIIARY 12. 1994 PAGE 10 Ms. Savage stated she does not see anything special about this business that it should be allowed to stay open later than 1:00 a.m. Mr. Saba stated that he agreed with Mr. Sielaff, but Director Sallman's concern is that this type of business draws a bad element. At the last Commission meeting, the Commission asked for a study to be done on security and lighting. He stated he was disappointed that the petitioners had not done any kind of study for the staff and Commissioners to review. He had hoped the Commission would have some data on security measures that can be taken to reduce crime. He would had a difficult time recommending approval of this special use permit request without enforcing some restriction on the hours, even though he is not convinced that is going to solve the problem. Ms. Savage stated it is not necessarily a"criminal element" that is committing these crimes. There are kids who are o.k. kids most of the time, but they are going through a period in their lives and when they get together late at night, they can cause problems. Mr. Oquist stated this is a place for people to hang out. He agreed with Ms. Savage that they are not necessarily talking about a criminal element. Limiting the hours (stipulation #1) will negatively affect the business and will stop the expansion, but it will not solve the problems that are happening now. He would like to see the Commission delete stipulation #1, add a stipulation regarding security, and strengthen stipulation #7 regarding the review of the special use permit. Mr. Saba stated he would also like a stipulation added about security and lighting and to strengthen stipulation #7 as much as possible, possibly with a review after six months, after one year, and annually after that. Ms. Savage stated that sounds like they are pinning their hopes on security and lighting. She believed that with the expansion and the same hours of operation, there would just be more problems. She believed there should still be some limitation on the hours. MOTION by Mr. Oquist, seconded by Mr. Sielaff, to approve special use permit, SP 93-17, by University Billiards, Inc., per Section 205.17.O1.C.(4) of the Fridley City Code, to allow an expansion of a commercial recreation use on Lots 4, 5, and 6, Block 1, Paco Industrial Park, except the North 35 feet of said Lot 4, generally located at 7178 University Avenue N.E., with the following stipulations: l. No juveniles shall be allowed in the University Billiards without their parents after 9:30 p.m. 2. The petitioner shall provide adequate adult staff at all times with at least two adults on staff from 6:00 p.m. to closing on Fridays and 5aturdays. 12! PLANNING COMMISSION MEETING, JANUARY 12, 1994 PAGE 11 3. 4. The petit:ioners shall patrol parking lot and manage its misuse. No aZcohoRic beverages shall be served or allowed on the premises. 5. The devel�pment owner shall notify the City of future additions,iexpansions of vacant building space and shall accept limitations on occupancy of remaining vacant space should par:king shortages result. The development owner shall agrEae in writing to accept this stipulation prior to the approval of the special use permit by the City Council. 6. The special use permit shall be reviewed by the City Council every six months for the first two years and annually thereafter. 7. As weathe:r permits, the petitioner shall verify the parking stall width and restripe the parking lot if necessary. 8. A security, lighting, and surveillance plan shall be submitted prior to consideration by City Council. UPON A VOICE VOTE, SAVAGE VOTING NAY, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED. Ms. Savage stated she would like more information from the Police Department on the types of calls and types of crime to be submitted to the Council. Th:is might be useful information for the Council to see if there is <�n increase in calls during the later hours. Ms. McPherson stateci this item will go to City Council on February 7, 1994. MOTION by Mr. Saba, seconded by Ms. Savage, to move item #3 to the second item on the <�genda. UPON A VOICE VOTE„ ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED IINANIMOUSLY. 2. PUBLIC HEARING: CONSIDERF,TION OF A SPECIAL USE PERMIT. SP #93-18, BY JUL:CE BRUNNER: Per Section 205-.07.O1.C. (1) of the Fridley City Code, to allow accessory buil�3ings other than the first accessory building over 240 squarE: feet on the south half of Lot 5 and all of Lot 6, Block l, Hillcrest, generally located at 7235 East River Road N.E. MOTION by Mr. Saba, seconded by Mr. Sielaff, to open the public hearing. 12J PLANNING COMMI33ION MEETING, JANUARY 12. 1994 PAGE 12 UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 9:30 P.M. Ms. McPherson stated the property is zoned R-1, Single Family Dwelling, as are all the surrounding parcels. Granting the special use permit will allow a 15 ft. by 22 ft. detached garage to continue to exist on the property. Currently, a new single family dwelling unit and attached two-car garage are being constructed on the property. The original dwelling was damaged by fire in 1990 and was removed; however, the original detached garage was not damaged by the fire so it remains on the property. The petitioner is proposing to use the accessory structure for the storage of wood, bicycles, garden equipment, etc. They will re-side and reshingle the detached structure to match the new dwelling. Ms. McPherson stated that the granting of the special.use permit does not adversely impact the lot coverage, and the accessory structure meets the setback requirements. As the petitioner does not plan to use the accessory structure for vehicle storage, a hard surface driveway is not required. Ms. McPherson stated staff recommends that the Commission recommend approval of the special use permit with one stipulation: 1. The structure shall be resided and shingled to match the new dwelling. Mr. Kondrick suggested that a time limit be put on the re-siding and reshingling of the structure. Six months seems like a reasonable timeframe. The petitioner had no objection with that addition to the stipulation. MOTION by Mr. Sielaff, seconded by Mr. Saba, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR DECLARED TIiE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 9:40 P.M. MOTION by Mr. Saba, seconded by Mr. Sielaff, to recommend to City Council approval of special use permit, SP #93-18, by Julie brunner, per Section 205.07.01.C.(1) of the Fridley City Code, to allow accessory buildings other than the first accessory building over 240 square feet on the south half of Lot 5 and all of Lot 6, Block 1, Hillcrest, generally located at 7235 East River Road N.E., with the following stipulation: 1. The structure shall be resided and reshingled to match the new dwelling by September l, 1994. 12K PLANNING COMMISSION MEETING, JANUARY 12, 1994 PAGE 13 UPON A VOICE VOTEr ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED IINANIMOIISLY. Ms, McPherson stated this item will go to City Council on February 7, 1994. . 3. _(TABLED) CONSIDERATION OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CC)DE, CHAPTER 205, ENTITLED "ZONING" BY ADDING 205.27 (0-4 WETLAND DISTRICT): MOTION by Ms. Savag�e, seconded by Mr. Oquist, to remove the item from the table and c:ontinue the public hearing. UPON A VOICE VOTEr ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED IINANIMOIISLY. Ms.. McPherson statEd that since the December 8, 1994, Plarinipg Commission meeting, staff has made several revisions to the proposed ordinance. Staff inet with the Environmental Quality & Energy Commission mF:mbers who had questions regarding compensation and wetland values. � Ms. McPherson stated staff also has developed administrative and public review processes for the sequencing requirements. Under the ordinance and state law, the petitioner has to go through a series of sets to prove he/she has attempted to avoid, minimize, rectify, and/or recluce or eliminate impacts to wetlands before applying for repl��cement plan. For those four sequencing guidelines, staff w;ill be making administrative determinations to the petitioners. Ms. McPherson statecl staff will administratively approve exemption certificates based ��n the exemption stated in the Act and in the ordinance. Staff ��aould utilize the skills of a consultant to review questions rec�arding staff's decision prior to notifying the applicant. Ms. McPherson stated that for replacement plans, staff has proposed a public review proc:ess similar to the special use permit process. The replacement plan review process has a tight timeline established by state law. A decision must be made and the applicant notified approximately 70 days from the receipt of an application. Staff proposed and the City Council concurred that the Planning Commis:�ion would conduct a public hearing which will allow an opportunity for public comment and testimony. The Planning Commissiori would make a recommendation to the City Council, and the C'ity Council would pass a resolution either approving or denyirig the replacement plan. The City can also approve replacement plans with conditions similar to a special use. Ms. McPherson statecl the Environmental Quality & Energy Commission requested an update on the owners' meetings held in early December, and that update wa�� included in the Planning Commission agenda. These informational meetings went well. 12L PLANNING COMMIS3ION MEETING, JANUARY 12, 1994 PAGE 14 Ms. McPherson stated staff also learned of a change in administrative responsibility. Earlier, staff had talked about the fact that the City would be giving up administrative responsibility to the Rice Creek Watershed District. That is no longer the case, and the City will be retaining administrative responsibility for the entire City. Ms. McPherson stated the Environmental Quality & Energy Commission has inquired about compensation. In speaking with the City's consultant, current compensation rates under the Act amount to 50% of the"average agricultural land value of the City. The City does not have any agricultural land, so staff called the County. The County's average agricultural land value is $1,729 per acre. She spoke with Gregg Herrick, Assistant City Attorney, about the issue of compensation should the City pass a no-touch ordinance. Mr. Herrick said that because the ordinance would be more restrictive than the state ordinance and would not allow a property owner any type of process circumvent that, if it would result in a total taking of the property, the City would be responsible for any compensation. The Environmental Quality & Energy Commission agreed that the process staff is recommending the City adopt, which is to adopt the state statute, is a good thing and agreed to pass it onto the Planning Commission. Ms. McPherson stated at the request of the Environmental Quality & Energy Commission, staff wiil mention in the ordinance that banking is an opportunity for replacement. Mr. Sielaff stated the only issue he had brought up at the Environmental Quality & Energy Commission was to use the City's technical consultant on the Technical Review Board. His concern was that a consultant who the City hires is making a decision as part of the Technical Evaluation Panel. The consultant should be there for advice and not to have a vote. Ms. McPherson stated she did not think they had actually resolved the issue of whether the consultant would actually sit on the Technical Evaluation Panel in lieu of the city engineer. It is staff's intent to use the consultant to assist them with information, answer questions, and give advice. MOTION by Mr. Saba, seconded by Ms. Savage, to recommend to City Council approval of an ordinance recodifying the Fridley City Code, Chapter 205, Entitled "Zoning", by adding 205.27 (0-4 Wetland District), with the addition of a section on banking. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED UNANIMOUSLY. ��►�11 PLANNING COMMISSION MEETING, JANUARY 12, 1994 PAGE 15 4. RECEIVE THE DECEMBER 16, 1993, HOUSING & REDEVELOPMENT AUTHORITY MINU`I'ES : MOTION by Mr. Oquist, seconded by Mr. Sielaff, to receive the December 16, 1993, :Housing & Redevelopment Authority minutes. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED IINANIMOIISLY. 5. RECEIVE DECEMBER 9, 1993, HUMAN RESOURCES COMMISSION MINUTES• MOTION by Mr. Oquist:, seconded by Mr. Saba, to receive the December 9, 1993, Human Resources Commission minutes. UPON A VOICE oOTE, ALL VOTING AYE� VICE-CSAIRPERSON KONDRICR DECLARED THE MOTION CARRIED IINANIMOIISLY. ADJOURNMENT: MOTION by Mr. Oquist, seconded by Ms. Savage, to adjourn the meeting. Upon a voice vote, all voting aye, Vice-Chairperson Kondrick declared t=he motion carried and the January 12, 1994, Planning Commission meeting adjourned at 9:55 p.m. Res ectfully su itted, �1� Lyn Saba Rec'rding Secretary � 12N r �► � J Community Development Department PLANNING DIVISION City of Fridley DATE: February 3, 1994 �� . To: William Burns, City Manager � �•� SUBJECT: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Special Use Permit, SP #93-18, by Julie Brunner; 7235 East River Road N.E. The Planning Commission reviewed the request to allow second accessory structures over 240 square feet at its January 12, 1994 meeting. The Commission voted unanimously to recommend approval of the request to the City Council with one stipulation: 1. The structure shall be resided and shingled to match the new dwelling by August 1, 1993. Staff recommends that the City Council concur with the Planning Commission action. MM/dn M-94-30 120 REQUEST Permit Number Appiicant Proposed Request Location SITE DATA Size Density Preser�t Zoning Present Land Use(s) Adjacent Zoning Adjacent Land Use(s) Utilities Park Dedication Watershe� District ANALYS�S Financial Implications Conformance to the Comprehensive Plan Compatibility with Adjacent Zoning and Uses , Environmental Consid2rations I� RECOMMENDATION I Staff Appeals Commission Planning Commission Author �/dn S TAFF REPORT C'ommunity Development Department � Appeals Commission Date Planning Commission Date : January 12 , 1994 _ City Council Date : February 7, I 994 SP ��93-18 Julie Brunner To allow a second accessory structure over 240 square feet 7235 East River Road N.E. 22,125 square feet .51 acres R-I, Single Family Dwelling Residential R-1, Single Family Dwelling on all sides Residential on all sides Approval with stipulations Approval with stipulations ' �� C/TY I I � � V � \ \ — J �� — J � \ � . � i� � � S �./ �' / 1. � � OF FR/DLEY � � ,. � _ �. �,. �. �� SP �k93-18 Julie Brunner :� 41 E //4 i ;-�--�- - — J :. �.� ��11%'1 . � r:./s; .�-�� ''1'�,� 1' � ,1 . 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I � R-1 ONE FANILY DWG'S ❑ M-1 LIGNT INDUSTN1111 ❑ ( M-2 NE�VYINDUSTNIAL R-3 TWO F�MILY DWG'S ❑ � ■ N-7 GEN. MUITIP�E DWC'S � VUD VLANNED UNIT OEV. � R-� MOBIIE NOME VpNK ❑ S-1 MYDE PANK NEIOMBONMOOO ❑ 1 P PUBIIC FnCIL1T1E5 O 5-2 NEDEVELOPMENT DISTPICT 0 f � GIRL S C-t LOCAL 9USINE55 ❑ O-1 CREEK 8 PIVER PRESERVRTION � C-2 GENERqI BUSINESS � O-2 CRITICIIL AREA Q • C-] GENEP�L SMOPVING � �AMP LOC' C-NI GENER4l O:FI�E ❑ VqC�TEO STREETS rJ / � ZONING MAP Staff Report SP #93-18, by Julie Brunner Page 2 Request The petitioner requests that a special use permit be issued to allow a second accessory structure over 240 square feet. The request is for Lot 6 and the south half of Lot 5, Block 1, Hillcrest Addition, the same being 7235 East River Road N.E. Site The subject parcel is located between East River Road and the Burlington Northern railroad tracks. Located on the parcel is a new single family dwelling unit wit'h an attached two-car garage. The property is zoned R-1, Single Family Dwelling as are all surrounding parcels. Analysis Granting the special use permit would allow a 15' x 22' detached garage to continue to exist on the property. The original dwelling located on the property was destroyed by fire in 1990. The garage, which was constructed in 1959, was not damaged by the fire. The City issued a wrecking permit on September 13, 1990 to remove the remains of the dwelling. On November 22, 1993, the City issued a permit to construct a new dwelling on the subject parcel. At that time, the petitioners were informed that if the existing garage was to remain, a special use permit would need to be granted. The petitioners propose to use the accessory structure for storage of wood, bicycles, garden equipment, etc. The petitioners propose to reside and shingle the garage to match the new dwelling. Granting the special use permit �rould not adversely impact the lot coverage. The accessory structure meets the setback requirements. As the structure will not be used for vehicle storage, a hardsurface driveway is not required. Recommendation The accessory structure does not impose an adverse impact to the subject parcel or surrounding parcels. Staff recommends that the Planning Commission recommend approval of the request to the City Council with one stipulation: 1. The structure shall be resided and shingled to match the new dwelling. 12S Staff Report SP #93-18, by Julie Brunner Page 3 Planning Commission Action The Planning Commission voted unanimously to recommend approval to the City Council with the stipulation as amended: 1. The structure shall be resided and shingled to match the new dwelling by August 1, 1993. City Council Recommendation Staff recommends that the City Council concur with the Planning Commission action. 12T � ; _ �� J� 3� W 0. 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'�Y� r � O I Community Development Department PLANNING DIVISION City of Fridley � DATE: February 3, 1994 � To: William Burns, City Manager �� FROM: SUBJECT: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Establish Public Hearing for O-4, Wetland Overlay District The Planning Commission voted unanimously �o recommend approval of the proposed O-4, Wetland Overlay District to the City Counc;.il at its January 12, 1994 meeting. Staff recommends that the City Council establish February 22, 1994 as the date of the public � hearing. MM/dn M-94-52 i � � Community Development Department PLANNING DIVISION City of Fridley DATE: February 4, 1994 TO: ! ='William Burns, City Manager �� FROM: SUBJECT: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Summary of Major Features of the Proposed Wetland Overlay District (O-4) To follow is a summary of the major provisions of the proposed Wetland Overlay District. A full copy of the ordinance has been submitted in the City Council information packet. As required by the 1991 Wetland Conservation Act, the City, as the responsible local government unit, must administer the provisions of the 1991 Act. It is proposed that the O-4 district be created in the City's zoning ordinance to provide for regulatzon of land development in and around wetlands. 1. The purpose and intent of the praposed ordinance is to establish Iand use controls to protect wetland resources. ? . "_'�ie O— _ ':..��St��C� �:ill ��, 1� ��..C: c�.� i ��:"�� _�S CO::�c°..? ni.^.� wetlands, either identified in the Westwood Engineering Delineation and Evaluation study or by site-specific delineations prepared by property owners. 3. The City will be responsible for determining whether or not development within a wetland overlay district is an "exempt" activity, or is subject to the "sequencing" g�idelines of the overlay district. 4. The sequencing determination means that the City must determine whether any feasible or prudent alternatives are available that would avoid impacts to the wetlands. If the impact is unavoidable, a replacement plan will be required. 5. If a replacement plan is required, the ordinance provides for a review process by the Planning Commission and the City Council. 12X Summary of Major Features; O-4, Overlay District February 4� 1994 Page 2 6. The ordinance repeats the exempt activities as specified under the 1991 Act. For example, activities that result in the draining or filling of less than 400 square feet of wetlands is exempt. 7. The ordinance requires an extensive list of information that must be provided in order to evaluate the replacement plans. 8. The ordinance also identifies evaluation criteria to assist the Planning Commission and the City Council to evaluate wetland functions and values proposed in the replacement plan. 9. The ordinance provides for procedures for developers to report annually on the progress of activity authorized by the City in wetland areas. The City is also responsible for inspecting the project when it is completed. The.ordinance � also provides a procedure for the Cit�,� to follow if the City determines that the.repiacement plan has not been constructed.�?roperly. - - .. � 10. The ordinance provides for a process to appeal the City's decision regarding an exemption, a replacement plan, or a no-loss determination. Essentially, the appeal must be made - to the: Soard .�o� Water -and: So-il �. R�soure.es .. An appeai_ from - � the Board d.ecisio�i,:may. be :taken: to �he :Sta�e:.Court of . - 'Appealsr . � r� , ,� r :�i-94 -63 12Y r � � I Community Development Department PLANNING DIVISION City of Fridley DATE: February 1, 1994 � TO: William Burns, City Manager�� FROM: SUBJECT: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Variance Request, VAR #93-35, by Samir Awaijane, Sam's Auto Body, 7570 Highway 65 N.E. The Appeals Commission reviewed the request to reduce the rear yard setback from 25 feet to 10.5 feet and to reduce the setback from a residential district from 50 feet to 35 feet at its January 11, 1994, meeting. The Appeals Commission voted unanimously to recommend approval of the request to the City Council with the following stipulations: 1. 2. MM:ls M-94-24 The petitioner shall submit three sets of building plans including structural and foundation details as required by the Building Inspection Division. The petitioner shall apply for and receive.a building permit for the structure including payment of all permit fees and penalties. � REQUEST Permit Number Applicant Proposed Request Location SITE DATA I Size Density Present Zoning Present Land Use(s) Adjacent Zoning Adjacent Land Use(s) Utilities Park Dedication Watershed District ' ANALYSIS Financial Implications Conformance to the Comprehensive Plan Compatibility with Adjacent Zoning and Uses Environmental Consid�rations I RECOMMENDATION Staff Appeals Commission Planning Commission Author MM:ls S TAFF REP 4 RT Community Development Department Appeals Commission Daee January 11, 1994 Planning Commission Date . City Council Date Feb ruary 7, 19 9 4 VAR #93-35 Samir Awaijane, Sam's Auto Body To reduce the rear yard setback from 25 ft. to 10.5 ft & to reduce the setback from a residential district fr 50 ft. to 35 ft. 7570 Highway 65 N.E. � 48,000 sq. ft. j l.l acres M-1, Light Industrial Industrial M-1, Light Industrial to the N& W; R-4, Mobile Home Park, to the S Industrial to the N; Vacant to the W; Residential to the S Six Cities Approval with stipulations VAR �k93-35 Samir Awaijane N //2 SEC . ��TY o ;� � 5�� EA I 22 ( 2 I.�. �__ N/IC a � .. , . —� �v`r��-. $T. » .. . ..' SEC ' ' _ : .�. T^R^v�izi---,., L ; � `° �„ ° �;�,�� :c.a,�P Rr�;' � � .��e�� =p�,R; ,. .._ — -�CI7Y-It�ITS,°.�;-- �" , � z � � ' ` ," � ' �'" ,, .j � , � t s , i,: ',: .Z�: �� y :r , _' 3�.�� :� °` � z' 3 2 F{21 EY � �. �, ;" r ��; �AD IT ON �_'_,' '", o.. �; A DER ON �� i� i `�oo, � ... .... :��' i -'Ig :e 1.,'.�� ;_' . 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ADMINISTRATIVE STAFF REVIEW: Request The petitioner requests that two variances be granted: 1. To reduce the rear yard setback from 25 feet to 10.5 feet 2. To reduce the setback from a residential district from 50 feet to 35 feet. The request is for 7570 Highway 65 N.E. Site Located on the subject parcel are two single story masonry structures. The petitioner's business, Sam's Auto Body, is located in the rear structure. The property is zoned M-1, Light Industrial, as are the properties to the north and west. The property to the south is zoned R-4, Mobile Home Park. Analysis The petitioner is requesting the variances to allow the existence of a 15 ft. by 40 ft. storage structure. The structure is wood frame construction, lap sided with vinyl siding. It is shorter in height than the existing building. The petitioner constructed the structure without the appropriate building permits. (See memo from Gary Ford, Building/Mechanical Inspector dated January 5, 1994.) The storage structure is attached to the south wall of the existing building. The petitioner construCted the structure to deter vandals from damaging cars/car parts. Rear Yard Variance Section 205.17.03.D.(3) of the Fridley Zoning Code requires a rear yard depth of not less than 25 feet, with an additional one foot of rear yard depth for each four feet of building height over 35 feet. Public purpose served by this requirement is to provide adequate open space around industrial structures for aesthetic and fire-fighting purposes. 0 13D Staff Report VAR #93-35, 7570 Highway 65 N.E., Samir Awaijane Page 2 The storage structure is located 10.5 feet from the rear lot line. The existing building was constructed five feet from the lot line and, therefore, is nonconforming. The petitioner could relocate the storage structure so that it would be flush with the front edge of the existing building. This would reduce the variance request from 25 feet to 22.5 feet. In addition, the petitioner could reduce the length of the building to 37.5 feet which would eliminate the need for a variance. The existing building is nonconforming; if it was destroyed to more than 50� of the value, the petitioner would be required to reconstruct the building canforming with the setback requirements or apply for a new variance. Setbaak from Residential District Section 205.17.03.D.(4).(d) of the Fridley City Code requires that an industrial district shall be no closer than 50 feet to the boundary line of a residential district. Public purpose served by this requirement is to provide adequate open space around industrial structures for aesthetic and fire fighting purposes and to protect and preserve the character of adjoining neighborhoods. The existing building is located at the 50 foot setback from the residential district. The second building on the site is located approximately five feet from the residential district. The area in which the storage structure is located is currently an exterior storage area with an impervious surface for cars and car parts. The use of this area is not changing as a result of the storage building. It appears that the petitioner has attempted to reduce the size of the building to its minimal area. If the Commission chooses to recommend approval of this variance request as presented, staff recommends the following stipulations: 1. The petitioner shall submit three sets of building plans including structural and foundation details as required by the Building Inspection Division. 2. The petitioner shall apply for and receive a building permit for the structure including payment of all permit fees and penalties. Appeals Commission Action The Appeals Commission voted unanimously to recommend approval of the request to the City Council with the stipulations recommended by staff. 13� i � i � I � � � �, � VAR i�93-35 �`^��'Cl c(�� _� N _.� l: a 0 � J� F� .� a� , r:.� �; �� . � ,_ , . :� � .. � .� � � �� 13F SITE PLAN MEMO TO: MEMO FROM: MEMO DATE: REGARDING: �€Im�.^�N� II�dSP�CTION DIVISION MEMO Michele McPherson, Planning Assistant Gary Ford, Bldg/Mechanical Ins�ector January 5, 1994 Construction at 7570 Highway #65 NE On December 1, 1993, Tom Blazina and I went to Sams Auto Body, 757p Hwy 65 NE in. response to a telephone ca11 regarding work that was being done without a building permit. During this inspection we talked to one employee about any work being done and were told that they were not doing any work. Tom and myself walked through the building and didn't see any new construcrion. Later that da_y, Barb Dacy asked me what was going on at this adckess as the owner had called her to see why Tom and I had been there. The owner must have also told Barb about a shed he had built off the end of his shop. On December 7, 1993 Tom called Mr. Awaijane, owner of Sams Auto Body, and told him to stop work on the shed. That day Mr. Awaijane came into City Hail to apply for a building permit for the shed. On January 4, 1994 I went out to look at the shed ta see what changes in cvnstruction, if any, needed to be made to meet code_ 1. The building permit has not been issued for this structure. This is required by UBC sections 104, 302, 303 and 304. 2. The shed is attached to the existing shop which has frost footings and was designed only for i�S existing purpose. 3. The shed is not sitting on any kind of approved footing or foundatic�n. This is required by Sections 2907(a), 2907(e), and 2907(t) Minnesota State Amendments to the UBC. Therefore, Mr. Awaijane needs to submit to the City 3 sets of drawings showing the details of the construction including the foundation of the 40' x 15' shed, so that a plan check can be done to see if the shed meets the 1988 UBC. GRFJmh 13G CITY OF FRIDLEY APPEALS COMMISSION MEETING, JANUARY 11, 1994 ________�________________________________________________________ CALL TO ORDER• Chairperson Savage called the January 11, 1994, meeting to order at 8:00 P.M. ROLL CALL• Members Present: Members Absent: Others Present: Diane Savage, Larry Kuechle, Ken Vos, Cathy Smith Carol Beaulieu Michele McPherson, Plannirtg Assistant Samir Awaijane, 7570 Highway 65 N.E: Benjamin Rischall, United Surplus Stores APPROVAL OF NOVEMBER 23 1993 APPEALS COMMISSION MINUTES: MOTION by Mr. Kuechle, seconded by Ms. Smith, to approve the November 23, 1993, Appeals Commission minutes as written. UPON A VOICE VOTE� ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED IINANIMOUSLY. 1. CONSIDERATION OF VARIANCE REQUEST VAR #93-35, BY SAMIR AWAIJANE• Per Section 205.17.03.D.(3) of the Fridley Zoning Code, to reduce the rear yard setback from 25 feet to 10.5 feet; Per Section 205.17.03.D.(4) of the Fridley Zoning Code, to reduce the s�tback from a residential district from 50 feet to 35 feet; To allow the construction of a storage shed on that part of the East 46 acres of the West 1/2 of the Northwest 1/4 of Section 12, T-30, R-24, Anoka County, Minnesota, described as follows: Commencing at a point on the West line of said East 46 acre tract distant 623.5 feet South of the Northwest corner of said East 46 acre tract; tr.ence South along the West Iine ,_of said East 46 acre tract 161.3 feet; thence East parallel with the North line of said East 46 acre tract 538.98 feet, more or less, to the Westerly right-of-way line of State Highway No. 65; thence Northerly along said Westerly right- of-way line 161.63 feet, more or less, to the intersection of � a line drawn from the point of beginning and parallel with the North line of said East 46 acre tract; thence West parallel with the said North line 538.73 feet, more or less, to the 13H APPEALS COMMISSION MEETING, JANUARY 11, 1994 PAGE 2 point of beginning, the same being 7570 Highway 65 N.E., Fridley, Minnesota, 55432 (Sam's Auto Body). MOTION by Ms. Smith, seconded by Mr. Kuechle, to waive the reading of the public hearing notice and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PIIBLIC HEARING OPEN AT 8:32 P.M. Ms. McPherson stated the property is located on Highway 65 south of Osborne Road. The property is zoned M-1, Light Industrial. There is additional M-1 zoning to the north and west, and south of the property is the mobile home park, zoned R-4. Ms. McPherson stated that two single story masonry structures are located on the subject parcel. The first building is used for multi-tenant purposes and the second building is used for Sam's Au�o Body, the petitioner's business. Ms. McPherson stated the petitioner has constructed a 15 ft. by 40 ft. storage building adjacent to the south wall of the existing building. The purpose of the storage building is to attempt to reduce the vandalism to the various cars stored within the storage area. Ms. McPherson stated that west of the subject parcel is a vacant lot which is owned by the mobile home park and is used for storage of RVs, etc., by the residents of the mobile home park. Rear Yard Variance Ms. McPherson stated the first variance is to reduce the rear yard setback from 25 feet to 10.5 feet. The existing building is located approximately 5 feet from the rear lot line and is non- conforming. It is possible for the petitioner to move the storage building so it would be flush with the front of the existing building which would reduce the needed variance from 25 feet down to 22 1/2 feet. It is also possible that the petitioner could shorten the building to 37 1/2 feet which would then totally eliminate the need for a rear yard setback variance. Ms. McPherson stated that since the existing building is non- conforming, if it was ever damaged to more than 50% of the value, the petitioner would need to either reconstruct the building at the required setback or ask for a variance to reconstruct it at its current location. Setback from Residential District Ms. McPherson stated the second variance is to reduce the setback from a residential district from 50 feet to 35 feet. This variance is for the south wall of the storage structure. The existing building is located at the 50 foot setback; however, the other building is located approximately 10 feet from the lot line. The 131 APPEALS COMMISSION MEETING, JANOARY 11, 1994 PAGE 3 area in which the storage building is located is currently an existing storage area with a hard surface and is used for outdoor storage of vehicies and car parts. The use of the area is not changing substantially as a result of the storage building. It also appears that the petitioner has attempted to construct the smallest size building possible, thereby minimizing the amount of variance needed. Ms. McPherson stated that if the Commission recommends approval of this variance request, staff recommends two stipulations: 1. The petitioner shall submit three sets of building plans including structural and foundation details as required by the Building Inspection Division. 2. The petitioner shall apply for and receive a building permit for the structure including payment of all.permit fees and penalties. Ms. McPherson stated that in the agenda is a copy of a memo from Gary Ford, Building/Mechanical Inspector, which outlines the history prior to the variance request and which outlines three issues: l. � K� The building permit was not issued for this structure. The shed is attached to the existing building which has frost footings and was designed only for its existing purpose. The shed is not sitting on any kind of approved footing or foundation. Ms. Savage asked iF there was any opposition to this variance from the mobile home park. Ms. McPherson stated she has not received any calls. Mr. Samir Awaijane stated he is the owner of Sam's Auto Body. He stated he built the storage building because of a lot of vandalism. He stated he has an 8 foot high fence all around the prcperty. There is a tree in one corner where the kids would climb and jump over the fence into the storage area. At one time, he had over $5,000 in damage done to the vehicles. Then, he fixed it so the kids could not jump over the fence: After that, the kids started throwing rocks over the fence and busting car windows. He stated he has some valuable cars that need to be protected. Mr. Awaijane stated he started by just constructing a roof to protect the cars, but then he added the walls. When he found out he needed a building permit, he came in to apply for a permit. Mr. Awaijane stated that regarding the alternative suggested by staff to move the building forward, there is a gate there that 13J APPEALS COMMISSION MEETING. JANUARY 11, 1994 PAGE 4 opens to the inside. If the building was moved forward, he would not be able to get through the gate and turn into the storage area. Dr. Vos asked how many cars can be stored in the storage building. Mr. Awaijane stated he can get four cars into the storage building. Ms. Smith asked if Mr. Awaijane has any problem with the stipuiations recommended by staff. Mr. Awaijane stated he does not object to the stipulations. Mr. Awaijane stated he wanted to correct the staff report which states that the storage building is lap sided with masonite siding. He stated the building is sided with vinyl siding. He stated the building is very nice looking, and it is not visible from any public�right-of-way: � Mr. Awaijane stated the storage shed will only be used for the storage of his nice cars so they will not be vandalized. MOTION by Dr. Vos, seconded by Ms. Smith, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON 3AVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:15 P.M. Dr. Vos stated the existing building is already nonconforming. It does not seem like this storage building is going to violate the spirit of the code. There is not much room to construct a building on the south side, and the petitioner did stay away from the lot line and the storage building is not flush with the main building. He did not see any option of moving the building closer. He stated he would recommend approval of the variance request. Ms. Savage agreed. She believed the petitioner has demonstrated a hardship. Ms. Smith stated she would be uncomfortable with putting the building closer to a residential area; however, since the property to the west is used for storage and is not really residential, she would vote to recommend approval. MOTION by Dr. Vos, seconded by Mr. Kuechle, to recommend to City Council approval of variance request, VAR #93-25, by Samir Awaijane, per Section 205.17.03.D.(3) of the Fridley Zoning Code, to reduce the rear yard setback from 25 feet to 10.5 feet; per Section 205.17.03.D.(4) of the Fridley Zoning Code, to reduce the setback from a residential district from 50 feet to 35 feet; to allo'w the construction of a storage shed on that part of the East 46 acres of the West 1/2 of the Northwest 1/4 of Section 12, T-30, R-24, Anoka County, Minnesota, described as follows: Commencing at a point on the West line of said East 46 acre tract distant 623.5 feet South of the�Northwest corner of said East 46 acre 13K APPEAL3 COMMISSION MEETING, JANIIARY 11, 1994 PAGE 5 tract; thence South along the West line of said East 46 acre tract 161.3 feet; thence East parallel with the North line of said East 46 acre tract 538.98 feet, more or less, to the Westerly right-of- way line of State Highway No. 65; thence Northerly along said Westerly right-of-way line 161.63 feet, more or less, to the intersection of a line drawn from the point of beginning and parallel with the North line of said East 46 acre.tract; thence West parallel with the said North line 538.73 feet, more or less, to the point of beginning, the same being 7570 Highway 65 N.E., Fridley, Minnesota, 55432 (Sam's Auto Body), with the following stipulations: 1. The petitioner shall submit three sets of building plans including structural and foundation details as required by the Building Inspection Division. 2. . The petitioner .shal�l apply for and receive a building permit for�the structure including payment of all permit fees and penalties. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. McPherson stated this item will go to the City Council on February 7, 2994. 2. STORES• Per Section 205.15.03.C.{l) of the Fridley Zoning Code, to reduce the front yard setba;ck from 35 feet to 0 feet; Per Section 205.15.05.D.(5)`of the Fridley Zoning Code, to reduce the hard surface setback from the public right-of-way from 20 feet to 10 feet; ' To allow the construction of an addition on Lot 3, Block 1, Target Addition, the same being 785 - 53rd Avenue N,E. MOTION by Dr. Vos, seconded by Mr. Kuechle, to open the public hearing. UPON A VOICE VOTE� ALL VOTING AYE� CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PIIBLIC IiEARING OPEN AT 8:20 P.M. Ms. McPherson stated the property is located at the intersection of I-694 and Highway 65 adjacent to Target. The property is zoned C-3, General Shopping Center district. Ms.'McPherson stated the petitioner is proposing to construct a 3,000 square foot expansion for additional retail space along the west side of the building. 13L r � � � Community Development Department PLANNING DIVISION City of Fridley DATE: February 1, 1994 � TO: William Burns, City Manager �� FROM: SUBJECT: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Variance Request, VAR #93-36, by United Stores, 785�- 53rd Avenue N.E. The Appeals Commission reviewed the request to reduce the front yard setback from 35 feet to 0 feet and to reduce the parking setback from 20 feet to 2 feet at its January 11, 1994, meeting. The Appeals Commission voted unanimously to recommend approval of the request to the City Council with the following stipulations: 1. The petitioner shall submit a landscaping plan with the building permit application showing existing landscaping and additional parking lot screening along the westerly lot line. Parking lot screening may be achieved through a three foot berm or a hedge or a combination of the two. The landscaping plan shall also indicate three new trees to be planted along the westerly lot line. 2. The petitioner shall provide a grading and drainage plan and hydrologic calculations for review and approval by the Engineering Department with the building permit application. 3. 4. MM:ls M-94-25 The petitioner shall submit an erosion control plan with the building permit application. The addition shall be architecturally compatible with the existing building. C�I S TAFF REP O RT � Community Development Department Appeals Commission Date � January 11, 199 4 Planning Commission Date . City Council Date February 7, 1994 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 Implications Conformance to the Comprehensive Plan Compatibility with Adjacent Zoning and Uses Environmental Consid2rations �� RECOMMENDATION '' Staff Appeals Commission Planning Commission Author MM; ls VAR #93-36 Benjamin Rischali, United Stores To reduce the front yard setback from 35 ft. to 0 ft. & to reduce the parking setback from 20 ft. to 10 ft. 785 - 53rd Avenue N.E. 102,353 sq. ft. / 2.35 acres C-3, General Shopping Center District Retai 1/64arehouse C-3, General Shopping Center, to the W& S Retail to the W& S Six Cities Approval with stipula�ions '3, T. 30, R. 24 FR/OL E Y 42;' VAR #93-36 United Stores ;-- --- _------- i rH�S ;S n�( %e�r�t n ripN i)F RfCOkDS AS IIMtY APPF,aR iV lH( ANqKA COUNIY I(�I/IC�E$ Af�fCfi��(: iliF �RfA SMGWN I 1llli nH.4'n'I!JL li ; V 9t' (/5l i>'�.7vlY /(lR IRF�'FRFNCE �URPGSfS ANU !ME CUUN- IV iS NO� RfSVON5181E fOR ANY IN� ACCURAi�1E5 HEREIN CONlAINED. 53923 W Y Q 41 J WW �> > on , J U �J �.J . 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' ', a '� 2 ' i , i, � q� %{x��: LL A�; �p � ;!� - �2 , � =:Y " , Q � r � � .. � .��- ::r � I.E— :a.�.� -c - � "' x' � , j � " ,^ � .. gq � SE�CORNER 44 SE[ ?3 � 43; >., � - % __.,.... .. . �, ..,.,,,�.�. _ . _ _. ... .. . �3o LOCATl4N MAP AV t � �i � �28• � • �T 4 •z6 •s ! r 1 7 • � � .. �Q • S • �i � rl0• •�: • i • r! �e •n� i• A iii i;� �� YH. ,. VAR ��93-36 -- o - --- - N tc � .. rc If 14 7J I �!e y/B '� � ri �r .1 i7 ia � H 1 K!. rT f �� .. Z ir NUE N. . v �B ' t�i� �o ,� z Y 9 . . _ .. .. ,. ,a ,� ,. .e .� ri .e • ! + _ f 4 3 1 � _. . V e f — �:i:.: ..... .�.�.� 1 �l:.` : � :;_ ,: �.;:�. .;.; ,: �; �L:•: BR!DGEW�E'k DR1VC � — INTERSTAiE ` HIGNWAY N0. S94 - #=,�:?,; � ! ; � 186 . f i . . ,_ . �ci`�a�X � ��'� - � y; ,- , _1 � ',� - -._ , •. Q:� T - �HER� � : �� . � �. - �, .r •- • _ '_� . �vrr'� �� t • . co •r �� , a Fj L- ..: .� •` ��E � �ApO�� -� �• •' ' •- � _� -, �. �� - • - ,, 54 TH. AYENUE N_E. • • • ♦ � ;n y • ♦` '_ � c.. ! • �. a `- ' � • � � ° ��R�A C E �� - • .1 s_ � �y�p /� �/ a - - ' �' /Y(✓" � �Q U � '.c.- ♦ � ' - a� H rt.� ;a�'S,� . s .. v; �.�-----..�....�___. _... �-- -- ------ -- --- - - ANE 4 1 a � �� '/:�:�!:/:�:�.ti�Y .`,:'��-.: :l %'}"::t�'; •::+,% �� \. �: '� �� ...... .� -',•;=- -�: ;�'i`.�':�,:' :;:".•::::.--�r"}�+/ •�--� �! y�i:��', ';U,; _.... �1-� ��f7• /.".'.:�.'�:�%il�� i�i��•�r`. � �!`'��'��'i'�� , �� I � � � � � �� :�: � / �� / .�.�.'�.�.�_ . ♦��t ��' �♦ ♦��1�� ♦�� ' ►�N ♦��♦♦ • ��j�j�j��j�j�j�j j�j�' i .��.�.��'�i�i��i i� ' DISTRICT LEGEND N-1 ONE FAMILY DWG'S ❑ M-f tIGN71NDUS1RIAL ❑ F-Y TWO F�MILt DWO'S O M-I HE�VY INOUSiHIA� � R-J GEN. MULTIPLE OWG'S � VUD PL�NNEO UNIT DEY. O R-� MOBILE NOME V11RK ❑ 5-1 MYDE P�flK NEIGHBONHO00 ❑ P PUBLIC F�CItITIES O 5-2 PEDEYEIOPMENT OISTRICT � C-1 LOCRL BUS�NE55 � O-1 CREEN � pIVEP PRESENVIITION Q C-1 CENEN�L BUSINESS � O-2 CRITiC�I •RE• � C�J CENEH�I SNOVPING � C-N1 GENEN�I OFFICE ❑ V�CA�EU STNEE7S � � 3P ZONING MAP Staff Report VAR #93-36, 785 - 53rd Avenue N.E., United 5tores Page 1 A. STATED HARD5HIP: "Allow us to build a 3,000 sq. ft. addition onto our building." B. ADMINISTRATIVE STAFF REVIEW: Request The petitioner requests that two variances be granted: l. To reduce the front yard setback from 35 feet to 0 feet 2. To reduCe the parking setback from 20 feet to 10 feet The request is for 785 - 53rd Avenue N.E. S ite Located on the subject parcel is a single story masonry structure which is used as retail and warehouse space. The property is zoned C-3, General Shopping Center district. There is additional C-3, General Shopping Center, zoning to the west and south. The parcel abuts Highway 694 to the north. Analvsis The variance request, if granted would allow the construction of a 3,000 square foot addition to the westerly side of the existing structure. This expansion will be used for retail space. In 1986, the City Council granted a variance to reduce the � side yard setback from 80 feet to 10 feet along Highway 694. Front Yard Setback Section 205.15.03.C.(1) requires a front yard setback of not less than 35 feet from the public right-of-way. Public purpose served by this request is to provide adequate open space areas around commercial structures for aesthetic and fire-fighting purposes. The determination that this request is for a front yard variance is based on previous action/interpretation by staff and the City Council. The existing building is located 35 feet from the common lot line with Target. The sides abutting 13Q Staff Report VAR #93-36, 785 - 53rd Avenue N.E., United Stores Page 2 the Target lot line and Highway 694 were interpreted as the front yards. The petitioner is proposing a setback of zero feet. The expansion to the west does not result in adverse impacts to adjacent properties. There is 490 feet between Target and the proposed additian. Visibility is not impacted as a result of the addition. Approximately 33 feet of green space will be maintained between the proposed addition and the driving aisles. The proposed addition will not exceed the maximum lot coverage of 400. Parkinq Setback Section 205. 1�5.05.D. (5) .(a) requires that all parking and hard surface areas shall be no closer than 20 feet from any street right-of-way. Public purpose served by this requirement is to limit visual encroachment into neighboring sight lines and to allow for aesthetically pleasing open areas adjacent to public right- of-ways. As a result of the proposed expansion, an increase in the number of parking stalls provided wi1Z also be needed. The petitioner is proposing to expand the parking area to the west as well as to the south to accommodate the increased spaces. While, typically, the westerly property line should function as a side lot line requiring a parking setback of five feet. However, since previous staff defined the westerly lot line as a front lot line, staff has also used the front setback requirements of 20 feet for the parking area. The petitioner will be reducing this setback from 20 feet to 10 feet. However, reducing the setback would not have adverse impacts as there would be 43 feet of green space between the parking and driving aisles. The Zoning Code requires a review of the landscaping for expansions which result in an increase of four or more parking spaces. The petitioner will be required to submit a landscaping plan with the building permit application. The landscaping plan should indicate the existing landscaping, as well as ensuring adequate screening of the parking lot through a three foot hedge or berm along the westerly property line. The landscaping plan should also indicate the addition of three street trees along the westerly lot line. The Engineering Department has requested that the petitioner submit a grading and drainage plan indicating on-site ponding and hydrologic calculations. The petitioner will also be required to provide an erosion control plan. 13R Staff Report VAR #93-36, 785 - 53rd Avenue N.E., United Stores Page 3 If the Appeals Commission chooses to recommend approval of the variance request, staff recommends the following stipulations: 1. The petitioner shall submit a landscaping plan with the building permit application showing existing landscaping and additional parking lot screening along the westerly lot line. Parking lot screening may be achieved through a three foot berm or a hedge or a combination of the two. The landscaping plan shall also indicate three new trees to be planted along the westerly lot line. 2. The petitioner shall provide a grading and drainage plan and hydrologic calculations for review and approval by the Engineering Department with the building permit application. 3. The petitioner shall submit an erosion control plan with the building permit application. 4. The addition shall be architecturally compatible with the existing building. Appeals Commission Action The Appeals Commission voted unanimously to recommend approval of the request to the City Council with the stipulations recommended by staff. 13S 1\ VAR ��93-36 United Stores � � \\\ y/Gy wq y \\ �� \ \ , . .� \ - � " • �/.•9 �'9�2 \� , �'-,� . \; 3s .- B?�6 �RF \ �\ 9 ��^ \ 9S/. . 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'i , � , O� v EXISTING SQUARE FOOTAGE `7 Rq MA �� '_2 � . t�' "\. _e` $-�r 'Y 13TEXiSTiNG SITE PLAN VAR ��93-36 United Stores . , \ GuA/�/Mv56 — �z000 rf� /8, Z�o r� = �o = q. l¢ ". '� �i.`�A/L ///so � dG¢o l�=/SO = S�,�p �' rr \ � \\ �,1� � 78 �AR�itiG� s�c�a (�¢ o f r.cr+�Gff �v � u. se y�Gti � I�,vo�� niN� \ wq y � 7� Pt.QA: r�Q mis � �\ -Q. \ �� \ '� . J.9 ° -fl�2 \ � •�'�. ��?99s.. r��6��., �FF \ I \ �. �\ . J,f� \ C � � 900�� f� �.tCoB96o� . � i se`o_ � �,` ti�. � \ � ��ra�A�.., � r ��O ,�I - `;� D�,ir� �� . . ` � � � �F ^ \•� O � r �. , \ � • � 69 � � \ � 90 RA'yp C ��. . -� � 3 � . `? .o 6'i� �•� � . � . k < pq ,^y;l � - • . s` _ \ �60 ^ O�N �, . � x9 " � ,- - � . " J6 • 8 •. C �' //, � �`,_Pn�P ` \p O O� 908.2 � ` J`_ \ � �� Z, ._ . � S' � ,\ `� � / . �o'r� Z` --=, 9o�.e . r,o„f .•,.m.� -- -- -- „ _ -- 3�5=0 °t � N a � � 2 l9 Q � +� \\ EXISTING BUILDING 126 . v �� ( Building floor elevation = 897.0 ., � � C?� i -\ � o� � \ � O \ - /V�t,cJ/�ODi�l�hJ�/-'o,�S�D 1 � 3'C' -� ;'� 3000 �.t J =oi ^ tV Om �I N 1 F,O "l. —� I � � z v _I fl.� _ . /��c Nc• . 4 _ . . _ •. _ . . . .. •. ° • � �' -- j� • �3 ---- � -. /o /o' 7y�°. . I I/a" /�, �//f'Ew Prt v6 t� �P-eP,:� ��, � M, u. — _ � �(�� I � .- �.I o- i � iq i _:__ J � � i9 EXIS]7NG� PAVEO ,�:'TA��C' _ Y N� S I — - _ , , � EXIST�N(� {�VzF irvc� - sz sPP�Es - � i •- �a �: t.) � . - � - . � '� /5 :�Eccl PnP-K+NG - 78 %/'�es ��,r� � � 1 <� N, �) � PROPOSED SITE PLAN �o D O o � � �� OUTFITTERS FOR WORK & OUTDOORS ,* Corporote Offices S785 53rd Avenue No. � Fridley, MN 55421 (612 572-0031 Fax 612) 572-1003 12\9\93 City Planners Office 6431 University Ave. N.E. Fridley,Mn. 55432 Dear Sirs: United Stores seeks approval to add an addition onto its building in Fridley. Enclosed are detailed sketches of the proposed addition. Included are proposed changes in our parking lot to bring our parking capacity into compliance with Fridley ordinances. United Stores requires a variance to allow for the addition. We propose to bring the new structure out to our current lot line on the west. Certain circumstances should be considered in your consideration of this request. As our plan shows, there would still be 32.9 ft. of grass between the proposed new structure and the current access road. Our building is Iocated in the corner of the Target addition and posses no impingement on visibility or right of way to any other property owners. Construction of this addition would take place in latter 1994 or spring of 2995. Your consideration of this request will be greatly appreciated. Sincerely Yours,_� �, - ��,,i.._;� , __ _ - )--'�--_ � ,_ � '_ � � _� � � �� .. Benjamin Rischall President, United Stores 13V M1�.� . .. � .. a CITY OF FRIDLFY APPEALS COMAIISSION MEETI�dG, JUP�E 10, 19�36 � CALL TO ORDER: Chairperson Betzold ca7led the June 10, 1986, Appeals Commission meetinc� to order at 7:30 p.m. ROLL CALL: Members Present: Donald Betzold, Alex Barna, Jerry Sherek Fienbers Absent: Diane Savage Ott�ers Present: Darrel Clark, City of Fridley Benjamin Risehali, United Stores, Inc. Mr, and r1rs. Rod Brannon APPROVAL OF t9AY 13� 1986; APPEALS COf�1MISSION MINUTES: MO'_�'ION:BY llR. BARNA� SECONDED BY MR. SHEREK, TO APPROVE THE MAY Z3, 1986, APPEALS COIlMISSION MINUTES AS WRITTEN. UPON A VOICE VOTF., ALL VOTING AYE, CXAIRPERSON BETZOLD DECLARED THF, MOTION CARRIED UNANIMOUSLY. l. COI�SIDERATION OF A VARIANCE REQUEST, VARIANCE #86-12, PURSUANT T� CHAPTER F I EY CI Y DE E HE SIDE Y RD SE CK FROt1 80 E 0 10 FEET TO AILOW THE COWSTRUCTiOid OF ADDITIOtJAL WAREHOUSE SPACE OP� LOT 3, BLOCK 1, TARGEi ADDITIO�J, TNF SAt1F BEING 785 - 53RD AVE�JUE N F (Request by Ben�amin Risehall, Un�ted Stores, Inc., 785 - 53rd Avenue Pl.E. Fridley, Mn. 55421) 0 MOTION By MR. BARNA, SE�OIJDED BY MR. SHEREY,, TO OPEN 2'HE PUBLIC HF,ARING. UPON A VOICE VOTE, ALL VOTI�'IG AYE, CHAIRPERSON BETZOLD DF,CLARF.D THF, t1pTIOTJ CARRIED UNANIMOUSLY. MOTION BY MR. BARNA, SECONDED BY MR. SHEREK, TD 41AIVE THF, FORMAL READING OF THE ADMINISTRATIVE STAFF REPORT. UPON A VOICE VOTE, ALL VOTIPIG AYE, CHAIRPF.RSON BETZOLD DECLARED THE MOTION CARRIED UNANIMDUSLY, The Administrative Staff Report is as fo7loars: ADT1I�d�STRATIVE STAFF REP�RT 785 - 53rd Avenue fJ.E. A. PURLIC PURPOSF SERVED �Y REQUIREIIEP�T: Section 205.15.4C.2b requires the side yard that abuts a street of a corner lot to be not less than eighty (80) feet. 13W �:� . APPEALS COt1�1ISSI0N MEETING JUP�E 10 1986 PAGE 2 Public purpose served by this requirement is to provide adequate side yard setbacks and aesthetic open areas around commercial structures. B. STATED HARDSHIP: "We have a steep emba�kment at the east end of our property which makes it extremely expensive to build on that area." C. ADt1INISTP.ATIVE STAF�. REVIEIJ: This is a request�to varjr the setback between the 694 right-of-way adjacent to the exit ranp from east bound 694 to southbound I�ighway 65 from 80 feet to 10 feet (petitioner is United Stores). The proposed additian would be about 90 feet away from the •ramp iocation. The ramp is also at a considerably higher elevation. The use of the . building is for additional warehouse space. The only stipulation that staff requests is that the petitioner work with the City on the use of exterior wall finishes and landscapin�. Mr.-Clark s�tated the pet�tioner would also be going before the Planninq Corimission on June 18 for a special use permit on the percentage of more warehouse than retail in a commercial district. Mr. Clark showed the Commissio�ers sor:�e pictures �f the site, one taken from the ramp 7eading from I-694 down onto Highway 65. Mr. Betzold stated there are plans to not only widen 694 but to upgrade Nighway 65 north of 694. Was Staff aware of any plans for upgradinc� south of 694 on Highway 65? Mr. Clark stated that even if there were any plans, he did not think they wouid affect the exit ramp in any way. Mr. Risehall showed the Commissioners the plans of the proposed addition. He stated United Stores was a company that has been growing since it moved to Fridley about three years ago. Ne stated they no41 find it necessary to either add on to their existing building or find another location. They feel this addition will be adequate for at least the next 4-5 years. Mr. Risehall stated the reason they are asking for a variance to cor�e to 70 ft. from the property line was because the land irm�ediately to the east of their building was virtually �anusable in its present form, basically because the grade level was at the Central Ave. street level ��hich was about 15 ft. above their current grade level. They wouid run into a very steep embankment an� that made expansion extremely expensive in terms of excavation and retaining walls. They also felt that because of the way the property was laid out, the 13X :�:.�; _ APP.EALS_ C0�IMISSION MEETI��G, JUNE 10, 1986 PAGE 3 only thing they really came near was the freeway fence, and they are sub- stantially below the grade of the exit ramp. Qy building this way they feit they would be causing no significant problems to neighbors or oncominq traffic. Another reason for expanding to the north was because their current offices are in that portion of the building and they need to expand the offices also. Mr, Riseshall stated another reason for requesting the variance to 10 ft. was because they have looked at various prices to build the addition smaller. They found that the price per square foot becomes fairly prohibitive unless � tF��ey build a fairly good si2ed structure. Buildinc� within 1A ft. makes the addition feasible and gives them around 7,600 sq. ft. of additional space • wflich is sorely needed. � Mr. and Pirs. Rod Brannon, owners cf the car wash just to the south of the United Store, were at the meeting. They reviewed P�1r. Riseshall'��plans and stated they had no objection to the variance as requested, MOTION BY MR. BARNA, SECONDED BY MS.-SHEREK, TO CLOSE THE PIIBLIC HEARITIG. UPON A VOICE VOTE, ALL VOTIlIG AYE, CHAIRPERSON BETZOLD DECLAP,ED THE PUBLIC HEARING CIASED AT 7:45 P,M. . Mr. Barna stated he had no problem with the variance requesi. Ne stated the plan seened to be well thought out. Any expansion to the east would et;tail added costs. They cannot expand to the south because of needed paricing iot space. They cannot expand to the west because they would gain nothing and would need a variance there also. The expansion to the north seemed the most feasible and desirable. He ciid not believe beinq closer to the exit ranp fron 694 to Hiqhway 65 would make much difference. The blacktop at the closer area was still higher than the United Stores roof, P1r. Sherek stated the plan looked good, and he thought it was good to encourage growing and expanding businesses in Fridley. He would vote in favor of the variance. Mr. Betzold agreed also. He did not know if there was any reason why the State Highway �ept. should be aware of this proposed expansion, lie sugqested Staff contact the Highway Dept. before the variance and special use pere�it requests go to the City Council. Mr. Clarl: stated he would inform the State Nigh��ay Dept, by letter of this variance request. MOTION BY MR. BARlJA, SECOIJDED BY MR. SHEREK, TG RECOPiMEND TO CITY COi7NCIL APPROVAL OF VARIANCF. REQUEST, VARI�INCE #66-Z2, PIIRSIIANT TO CHAP?'ER 205 OF THE FRIDLEY CITY CODE TO REDUCE THE SIDE YARD SETBACK FROF4 80 FEE?' TO 10 FEET TO ALLOFI THE CONSTRUCTION OF ADDITIONAL WAREHO£TSE SPACE ON LOT 3� BIACK 1, TARGET ADDITIOIY, THE SAME BEING 785 - 53RD AVENUE N.E., WITH THE S?7PULATION THAT THE PETITIONER WORK WITH THE CI?'Y ON 2HE USE OF EXTERIOR WALL FINISNES AND LANDSCAPING. 13Y APPEALS COPIMISSIQP� �fFETIPaG, JUP�E 10. 1986 PAGE 4 UPON A VOICE VOTE, ALL VOTING AYF,, CHAIRPERSON BETZOLD DECLARE� THE MOTION CARRIED UNANIMOUSLY. Mr. Betzold stated this item would go to City Council on July 7. ADJOURP�MEP�T: MOTION BY MR. BARNA, SECOIJDED BY MR. SHEREK, TD ADJOURN THE MEETING. UPON A VOICE VOTE, ALL VOTIIJC AYE, CHAIRPERSON BETZOLD DECLARED THF. JUNE 10, 1986, APPEALS COPlMISSION MEETING ADJOURNED AT �7:50 P,M. � Respectfully su :itted, .� �' �- tMt. yn Saba Recording Secretary 13Z � ��.�.;� . APPEALS COMMISSION MEETING, JANUARY 11, 1994 PAGE 5 tract; thence South along the��West line of said East 46 acre tract 161.3 feet; thence East parall`�1 with the North line of said East 46 acre tract 538.98 feet, more� or less, to the Westerly right-of- way line of State Highway No. 65; thence Northerly along said Westerly right-of-way line 16 .63 feet, more or less, to the intersection of a line drawn from the point of beginning and parallel with the North line of;said East 46 acre tract; thence West parallel with the said North�;line 538.73 feet, more or less, to the point of beginning, the same being 7570 Highway 65 N.E., Fridley, Minnesota, 55432 (Sam's �uto Body), with the following stipulations: 1. The petitioner shall submi�t three sets of building pl�ans including structural and P undation details as required by the Building Inspection�Division. 2. The petitioner shall apply�for �and receive a building permit for the structure including payment:of all permit fees and penalties. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. McPherson stated this item will go to the City Council on February 7, 1994. 2. CONSIDERATION OF VARIANCE RE4UEST VAR #93-36 BY UNITED STORES• Per Section 205.15.03.C.(1) of the Fridley Zoning Code, to reduce the front yard setback from 35 feet to 0 feet; Per Section 205.15.05.D.(5) of the Fridley Zoning Code, to reduce the hard surface setback from the public right-of-way from 20 feet to 10 feet; To allow the construction of an addition on Lot 3, Block 1, Target Addition, the same being 785 - 53rd Avenue N.E. MOTION by Dr. Vos, seconded by Mr. Kuechle, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 8:20 P.M. Ms. McPherson stated the property is located at the intersection of I-694 and Highway 65 adjacent to Target. The property is zoned C-3, General Shopping Center district. Ms. McPherson stated the petitioner is proposing to construct a 3,000 square foot expansion for additionai retail space along the west side of the building. 13AA APPEALS COMMISSION MEETING, JANUARY 11, 1994 PAGE 6 Ms. McPherson stated that in 1986, the City Council approved a setback variance to reduce the side corner setback along the I-694 frontage from 80 feet to 10 feet. Front Yard Setback Ms. McPherson stated this request is somewhat unusual in the fact that previous staff made the interpretation that the property line adjacent to Target functions as a front yard. It was also agreed that opposed to the 80 foot setback required by the C-3, General Shopping Center district, requirements, only a 35 foot setback would be required. Therefore, the petitioner is requesting a front yard setback from 35 feet to 0 feet. Ms. McPherson stated the expansion to the west does not result in an adverse impact because there is adequate space between the United Store building and the Target Store to the west. There is approximately 490 feet between the two buildings. Visibility is not impacted as a result of the variance request. There will still be approximately 33 feet of green area between the proposed expansion and the driving aisles for Target. The expansion does not increase the lot coverage over 40%. Parking Setback Ms. McPherson stated the petitioner is requesting a parking setback from 20 feet to 10 feet. The need to expand the number of parking stalls is a result of the addition of retail space. Typically, staff would interpret this lot line as a side lot line as opposed to a front lot line; however, in order to be consistent with the previous staff's determination, current staff is requiring the 20 foot yard setback from the public right-of-way. Ms. McPhersan stated that reducing the setback to 10 feet does not create an adverse impact. There is approximately 43 feet of green area between the parking and driving aisles. Ms. McPherson stated she asked the petitioner why the parking stalls could not be added in the southeast corner of the site. The petitioner indicated that the topography changes such that it is not possible to put the parking spaces there, so the petitioner has analyzed the site and attempted to minimize the variance requested. Ms. McPherson stated the Zoning Code requires a review of the landscaping for building expansions which result in an increase of four or more parking spaces. The petitioner will be required to submit a landscaping plan with the building permit application. The landscaping plan should ensure that there is adequate screening of the parking area along the westerly property line. The Iandscaping plan should also indicate an addition of three street trees along the westerly lot line as a result of the building expansion. . . APPEALS COMMISSION MEETING, JANUARY 11, 1994 PAGE 7 Ms. McPherson stated the Engineering Department has requested that the petitioner submit a grading and drainage plan indicating on- site ponding and the hydrologic calculations. The petitioner will also be required to submit an erosion control plan. Ms. McPherson stated that if the Appeals Commission recommends approval of the variance request, staff recommends the following stipulation: l. The petitioner shall submit a landscaping plan with the building permit application showing existing landscaping and additional parking lot screening along the westerly lot line. Parking lot screening may be achieved through a three foot berm or a hedge or a combination of the two. The landscaping plan shall also indicate three new trees to be planted along the westerly lot line. 2. The petitioner shall provide a grading and drainage plan and hydrologic calculations for review and approval by the Engineering Department with the building permit application. 3. The petitioner shall submit an erosion control plan with the building permit application. 4. The addition shall be architecturally compatible with the existing building. Mr. Benjamin Rischall, President of United Stores, stated the multi-purpose building houses a warehouse, corporate offices, and a small retail store. United Stores has enjoyed a nice growth in business at this location, and they need to expand the retail space to keep their camping gear out all season long. Right now, during the winter months, they are forced to pack all the camping gear away. With the expansion, it will allow them a camping presence in their store all year long. This is necessary because of the increased competition from other sporting good stores that are able to keep the presence of camping out all year around. Mr. Rischall stated that with the expansion, they will have a retail store of about 8,000 square feet. They will take part of the warehousing space away and convert that into retail, and the calculations for parking are part of that. Ms. Savage asked about the stipulations. Mr. Rischall stated he did not see a problem with any of the stipulations. Mr. Kuechle asked what happens to United Stores' legal status with the zero lot line. Mr. Rischall stated there is a restrictive covenant on their property that Target has to approve any addition to the building. 13CC APPEALS COMMISSION MEETING JANUARY 11 1994 PAGE 8 They have submitted a request to Target for approval of the expansion. There is a large grassy area between their property and Target, and most people will not even noti�e there is a change after the expansion. Ms. McPherson stated she did receive a telephone call from the President of Embers who was concerned about the visibility aspect of the request to the Embers Restaurant. Once she informed him that the expansion was occurring on the opposite side of the building from the Highway 65 right-of-way, he did not have any problem with the request. Mr. Kuechle stated he is a little concerned about what would happen if United Stores and Target had a dispute. If United Stores sold their building, what access rights would anyone have to go on Target property to maintain the building? Mr. Rischall stated that Target probably owns the strip of land in " front of the United Store. They maintain it and they sprinkle it. He stated �hey are fairly xemoved from Target, and they have a good business relationship with Target. MOTION by Mr. Kuechle, seconded by Ms. Smith, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SADAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:34 P.M. Mr. Kuechle stated he would recommend approval of both the variances as requested. There is less impact to the parking setback, because it is a less permanent kind of change. Because there is a lot of space to the west including the boulevard area, he believed the spirit of the code is being met. The Commissioners agreed. MOTION by Mr. Kuechle, seconded by Ms. Smith, to recommend to City Council approval of variance request, VAR #93-36, by United Stores, per Section 205.15.03.C.(1) of the Fridley Zoning Code, to reduce the front yard setback from 35 feet to 0 feet; per Section 205.15.05.D.(5) oE the Fridley Zoning Code, to reduce the hard surface setback from the public right-of-way from 20 feet to 10 feet; to allow the construction of an addition on Lot 3, Block l, Target Addition, the same being 785 - 53rd Avenue N. E. with the following stipulations: l. The petitioner shall submit a landscaping plan with the building permit application showing existing landscaping _ and additional parking lot screening along the westerly lot line. Parking lot screening may be achieved through a three foot berm or a hedge or a combination of the two. The landscaping plan shall also indicate three new trees to be planted along the westerly lot line. 13DD APPEALS COMMISSION MEETING, JANUARY 11, 1994 PAGE 9 2. The petitioner shall provide a grading and drainage plan and hydrologic calculations for review and approval by the Engineering Department with the building permit application. 3. The petitioner shall submit an erosion control plan with the building permit application. 4. The addition shall be architecturally compatible with the existing building. UPON A VOICE VOTE� ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED ONANIMOIISLY. Ms. McPherson.stated this item will go to City Council on February 7, 1994. 3. UPDATE ON PLANNING COMMISSION AND CITY COUNCIL ITEMS: Ms. McPherson stated the Commission had received a copy of a memo dated December 13, 1993, to the Council regarding a summary of the Appeals Commission's actions on 1993 variances. 4. OTHER BUSINESS: a. Discussion of Customer Service Survey Results Ms. McPherson stated the City Manager has directed all City departments to conduct customer service surveys for each of their program areas. The Community Development Department has developed customer service surveys for each of its program areas. With the assistance of the Planning Intern, the Planning Commission and Appeals Commission customer service surveys were mailed in October 1993. Approximately 95 surveys were mailed out with a return of about 45. Staff went back two years to 1992 and 1993 for the Planning Commission and Appeals Commission. Ms. McPherson stated that the survey was simple. Regarding the Appeals Commission, basically everyone who responded felt he/she was treated well by the Commission itself and that the meetings were conducted well. As far as weaknesses, the petitioners thought the process was too long. The issue of hardship seems to be a stickler for most people. Even though staff tries to explain the hardship issue, people don't always understand it. Ms. Savage stated that it sounds like the Commission needs something in writing explaininq the hardship as part of the ' application process. Ms. McPherson stated that would also be helpful to staff, because staff does not always have the opportunity to talk to 13EE r _ _ . Community Development Department PLANNING DIVISION City of Fridley DATE: February 3, 1994 �� . TO: William Burns, City Manager dj FROM: SUBJECT: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Amendment to Comprehensive Sign Plan for Rice Creek Business Center; 7120 University Avenue N.E. Brookstone Commercial Services has received a request from University Billiards to allow back-lit channel lettering for its wall signs. Brookstone proposes to amend the sign criteria to permit "channel lock letters" as an option to the 12 inch white injection molded acrylic dimensional letters. Channel lock letters allow for neon tubing to be installed behind the letter which reflects off of the facia of the building. No changes in the appearance would be identified except at night when the letters would be lit. To insure that the overall appearance would remain the same during the day, it should be stipulated that the letters are to match the remaining signs. The proposed amendment does not substantially deviate from the existing plan. Staff recommends that the City Council approve the amendment to the comprehensive sign plan for Rice Creek Business Center with the following stipulation: l. The channel lock (height, width, building). MM/dn M-�4-04 letters shall be the same dimension style) as the remaining letters on the RIC� CRESK HU8INL98 CEN'PSR 7120 IINIVER$�TY AVENUE NORTHEAB'I' �RIDL�Y� MiN�188dTA 55�'�2 BIGN CRITBRIA �.j Tenant �ignage shall be 12°f dimensianal le�ters, Helva�ica medium, wh.ite 3.njectian �nolded acrylic. 2) Letters shall s�ate the name of the buslnsss only. They will be mau,nt�d 8" abvva �he battam af the brick batad circling tha building. (Bottom of letters even with �op of the �owest ��urs►e oi brick.) Lettars �hall be aeri�ered within �.he tenants �r+�ntnge, but in no cae�� may they extend cloaar than 18" from e.ither side of the tenant� frontage. 3) All �ignag� shall be one lirie ori�y, witih the excep�ion af �enants whoaa frontaga includ�s a brick calumn extending to the roaf �.j.nes. These tenant� �hall ba perm.�tted two ox thres lines a$ r.�eeded to keep the �aessaqe wi�hin the brick band, with tbe k>o�tom line even with the single line names. Nv signage will. be permi�ted on the brick columng. 4) Yndividual nean �1luminated letters� af the same color and style taay be considered upan special request, as may ba h2�rdship cases that may be praven to exist. 5) Addre�� nu:�bers shaZl be 4" in s�ze, white vinyl, centered an �he entry door as par 7150. 6� FZ�ax ident.ification le�te�'s shaJ.7: be 6" white, lj8" thick, Helv�tica letters mounted sbove the loading doGk doars. R�ar entry doors may have white vinyl letters no� to excead 3" in �ize. No other signage wi�l ba permitted in the rear of the building. 7) Frvnt �ntry doors may have vinyl lettering, not exceeding 3" in size, in addition to, or in lieu of the 12" Xetters above the bay. Front window ar�a may h�ve nean signs �nr advertising and identitication purposes, providing �he araa used does 'not exceed 15� ot th� window area, and the �eon has protect�ve backing behind it. 8) Sct�led drawings oP propo�ed signat�e must be subrnitted ta Braokstone Real Estate Services and approved prior to in�tallation of signage. The Frid].ey Building xnspectar has been inst.ructed to issue sign permits anly when the application is accompanied by a signed approved drawinq fram Broakstone Real Es�ate Se�rviCes. 9) Ta aeais� �enants in prepaxing scaled drawings, the Landlord has retained a sign consultant. His name is Dick Walsh, 45b1� Third Street, Excelsior, Minnesata. (474-6943) He wilX also assist tenants in ob�aining acc�ptable siqnage. 14A RICE CR$EK BDSINESB CENT$R 7120 IINIVERBITY AVSNII$ NORTSEABT FRIDLBY♦ MINLi�8G1TA 55432 AMENDM�NT TO BIaNAaS CRITP3RIA 1} Ten�nts ha�•e the op�ion to usa "channel. lo�K letters" in place of tihe afoz-ementianed building signage (see claus� #1 in Sign Crite�ia). Th�se letters shall follcw the sam� ariteria a� original Tex�ant Siqnage. . �� a u�, � a �L � � � tn �C7 m � ... O � E m � a � '� � o O � ,� " a '�. O � a m -_c: .� �i � � t� � � .� J � w � Y` � � ■� u. � Z W C� Z� � t� C� �' � � .� M� t v C 4 � C C c• 4 � � � � � o. � � � � �c � � � � .� .0 �� 7 w t� .o '�C� Q � � � �. .t,, � � � � � � rd`- '� �, pQ � � •--� c ' � � r.� � � �� f � � z :� � � � �� . o + �4 � c r � � J Community Development Department PLANIVING DIVISION City of Fridley DATE: January 31, 1994 TO: William Burns Cit Mana er ��' , Y g � FROM: SUBJECT: Barbara Dacy, Community Development Director Steven Barg, Planning Assistant Reallocation of 1989 CDBG Human Service Funds. In 1989, Alexandra House received $3,500 in CDBG funds as part of the Human Service allocation. Since Alexandra House operates under a master agreement with Anoka County, the City of Fridley has no involvement with processing reimbursement requests for eligible expenses with this agency. Anoka County recently advised staff that $3,034 of this grant was not used and is available for reallocation. During the public hearing on the 1994 CDBG application at its January 18, 1994, regular meeting, the City Council expressed interest in reallocating these unused funds for the Senior Outreach Worker program. Recommendation Staff recommends that the Council reallocate $3,034 from the 1989 CDBG allocation to ACCAP to assist in funding the Senior Outreach Worker program. SB:ls M-94-17 � � � I Community Development Department PLANNING DIVISION City of Fridley DATE: February 4, 1994 �y � �. TO: William Burns, City Manager � FROM: SUBJECT: Barbara Dacy, Community Development Director Grant Fernelius, Housing Coordinator Consideration of 1994 Community Development Block Grant (CDBG) Application February 28, 1994 is the Anoka County deadline for the 1994 CDBG application. Please note the 1994 budget has been increased by $21,212 to a total of $155,612. Based on the City Council's priorities, we are recommending that the additional funds be allocated to the Housing Rehabilitation Program. Attached is a copy of the 1994 CDBG application, along with correspondence from Anoka County and a break-down of the total CDBG budget by community. Activity Anoka County Administration Housing Rehabilitation Human Service Grants Senior Home Companion Program Senior Outreach Program TOTAL Amount $ 1,000 $124,612 $ 25,000 $ 2,500 $ 2,500 $155,612 As you recall, unused funds ($3,034) from the 1989 program will be allocated to the Senior Outreach Program. The total amount for this program will be $5,534. Recommendation Staff recommends that the City Council approve the 1994 Community Development Block Grant application as presented. GF/dn M-94-62 CITY OF FRIDLEY 1994 COMMUNITY DEVELOPMENT BLOCK APPLICATION 16A 1994 CDBG PROPOSED FUNDING Activity Administration Fee Housing Rehabilitation Human Services Senior Home Companion Program Senior Outreach Worker . Amount $ 1,000 $124,612 $ 25,000 $ 2,500 $ 2,500 $155,612 HOUSING REHABILITATION CDBG PRQPOSAL FY 1994 City of Fridley i6C HOUSING REHABILITATION Project Overview The City of Fridley will offer this program to very low income Fridley residents for the purpose of maintaining and improving their homes. This program will be available to any Fridley homeowner who meets the criteria outlined below: 1. Has an adjusted gross income which falls within program limits based on family size. 2. Has less than $25,000 in assets. 3. Owns a single family home or duplex and occupies it as their principal residence. 4. Meets other program criteria as modified from time to time. � Assistance to qualified applicants will be provided in the form of a deferred-payment loan. Under current program guidelines, up to $11,000 may be awarded to individual recipients. The assistance must be repaid when the homeowner sells or no longer occupies the property. However, the award to be repaid depends upon how long the owner continues to occupy the home. CDBG Activitv This project will directly benefit low to moderate income families as defined under CFR 570.208 (a)(3) and 570.506 (b)(4). Funding Summary Administration . . . . . . . . . . . . . . . $ 12,461.00 Housing Rehabilitation Assistance . . . . . �112,151.00 $124,612.00 Pro�ect Duration This project shall be completed within 18 months of approval. Goals of the Pro�ect 1. To provide funds for low to moderate income households to correct health and safety code violations. 2. To improve the livability and appearance of residential neighborhoods. Project Contact Person Grant Fernelius, Housing Coordinator City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 16D PUBLIC AND HUMAN SERVICE FUNDING CDBG PROPOSAL FY 1994 City of Fridley 16E PUBLIC AND HUMAN SERVICE FUNDING Project Overview The City of Fridley in its effort to grovide 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 expenses, 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 Activity 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. This�project directly benefits low to moderate income families as defined under CFR 570.208 (a)(3) and 570.506 (b)(4). Funding Summary Human Service Grants. . . . . . . . . . . . $25,000.00 Senior Home Companion . . . . . . . . . . . $ 2,500.00 Senior Outreach Worker. . . . . . . . . . . S 2,500.00 $30,000.00 Project Duration The project for which CDBG monies are committed will be completed in 18 months of project approval. Goals of the Proiect 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. Project Contact Person Steven Barg, Planning Assistant City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 16F �_�„s*�,r,.��:,a.s-+�aa�:,�rrz.�azsrstsa+x .+,..+.. P�Kp Co`� . � M�NNE 5 �t' COUNTY OF ANOKA Urban Anoka Couniy Community Development Block Grant GOVERNMENT CENTER 2100 3rd Avenue • Anoka, Minnesota 55303-2489 •(612) 323-5709 January 31, 1994 Ms. Barbara Dacy, Pianning Coordinator City of Fridley 6431 University Avenue N.E. Fridley, Minnesota 55432 Re: r��ai i 9�4 �udget Dear Barbara: HUD has given us the final budget for the 1994 CDBG program. I have used those numbers and the formula (housing, population, and poverty based) to determine the amounts available to cities and target areas. Please use the attached figures to make whatever adjustments are possible in your 1994 application. I understand that some of the cities may have already deve(oped their applications with last year's budget as a guide. Hopefully, your public hearings inc�uded some options that could be taken should the final budget be above or below the estimate you were working with. !f not, please call me to discuss how to proceed. This is a good opportunity to remind you that the 1994 CDBG applications are due by February 28 and that calculations for public services, planning and slum/blight activities will take place then. I look forward to receiving all these new ideas! JOW:sw Enclosure Sincerely, r� � ( l f� ' �---_, -�-, __�__, JoAnn O. Wright Community Development Manager Affirmative Action I �quGal-Opportunity Employer � iOTAL THREE-YEA& - --- - -- --- ____ _ _ --- _ _ 1994 ALLOCATION 1993 - ----- -_ ____ - -- - ACTUAL ESTIBATE-FUTURE YEARS MAY VARY ACTUAL -- - _ AREA I 81,048,945 ____ -BLAINE -_ _ 8189,757 -----1_ ---�__9518,611 _ _-_ __ ___ 8164.427 COLUMBIA N�IGHTS 8239,120 1 8698,618 8229,749 FRIDLEY 8155,612 1 8424,412 9134,400 __ - ----- ANOKA _ _ _ _ 9173,756 -- --- 1-------- 8500,988 _ 8163,616 COON RAPIDS 8290,704 1 8842,460 8275,880 � AREA II 8215,654 = EAST BETHEL 845,721 2 8129,297 842,788 : �J LINO LAKES�_ _ ---- g38,701-- ------ 2- - 3107,569------- ___ _ $39,434 SPRING LAKE PARK 831,299 2 885,207 826,954 - 9kY4v�° 857,27u 2 8i58,51� . 850,618 -_ ___. _--- HAN LAKE _._____ __.__.942,657 ---- 2 --- -8121,263 _______ . _ 839,303 -- -- ------- ------ - - - _-_ _ - - _- _ -= AREA III AVAILABLfi 9127,133 . RAMSEY 934,859 3 995,b73 830,407 OAK GROVE $30,687 3 88G,145 827,729 - LINNOOD 819,110 3 $36,438 817,328 -- BORNS Si1,112 3 831,344 $10,116 --�---- COLUMBllS -._ -- 820,661 -- --- 3----- --^ 839,895 COL.TYP.USED 8 IN '93 819.234 = 1994/95 PROJECTS 9289,495 _ AREA IY AVAILABLE *+�+ $63,922 *•*note: there ras a 93/44 trade betWeen County _ _ and area III to a11oM Lexington Project ST. FRANCIS 829,465 4 882,831 926,683 - CENTERVILLE 87,888 4 822,570 37,341 1994/95 PROJECTS 81C�,401 _ CiTY TOTALS 91,418,38I 31,455,654 _ __ -- - -__ _. �CUNTY c435,0io � 9d82,3s6 **ii"vT"c--incnt" �'A� ��ii,iin ixADE BLiiiEE�i COiiNii AtiO AREA iT1 TOTAL 81,938,000 81,938,000 _ - ___ ------- - -----_ _ -- -------- ---- - - _ 81.938,000 _ There Mill be a deduction of 81,000 froo each coseunity __ _ _ _ . during each year of participation. The deduction Nill be made nhen the co.�unitp aub�ita ita application. - Exa�ple: If Hilltop elects to use a three year _ ._ __ _ _-, allocation of 929,533 durinq the 1993 progra� qear,the a�ount avai?able to the City Nill be 928,533. If the Citp chose to use 89,844 each of three ._.___ auccesaive years, the a�ount available to the City Mould be 88,844 _ each year for a total three year allocation of 826,533. - --- _ _ 16 .. TO: FROM: DATE: SUBJECT: Engmeer� ir_. Scwer uv,te� Parks Streets Maintenuncc MEMORANDUM William W. Burns, City Manager �1,. � � John G. Flora, Public Works Director February 7, 1994 Locke Lake Dam PW94-029 On Wednesday, January 26, 1994, we opened bids for the Locke Lake Dam Reconstruction Project No. 211. Ten bids were received. The low bidder was Lunda Construction from Black River Falls, WI, at a bid of $537,375.75. In addition to the construction costs, there is engineering costs for design and inspection of $70,000, for a total cost for the project at this time of $608,000. Cunently, we have a grant of $150,000 from the DNR and a commitment from Anoka County for $100,000, which leaves an amount of $358,000 to be funded. During our public hearings we had identified a total assessment for the project of $192,500. Based upon these figures, the City has a cost of $165,500, not including the interest to be paid on the $135,000 loan to the State at 6.55% interest. The County is cunently acquiring possession of the Sajady property north of the dam. As soon as the home is vacated, we will be able to coordinate with the cQntractor and initiate construction. Recommend the City Council receive the bids for the Locke Lake Dam Restoration Project No. 211 and award the contract to Lunda Construction for $537,375.75. JGF:cz �7 / , .. �.. � BID FOR PROPOSALS LOCKE LAKE DAM RESTORATION, PROJECT NO. 21 f WEDNESDAY, JANUARY 26, 1994, 11:00 A.M. ;: >;:::<;:>:>.:>:: : . ;;::::<...;:.::.. :.:;;::::: :.; :.;.: . ;: > .;: . :;>::>: : :: ;;:;•: :::: : :: ::;::;::::.::::: .::;::: P ,: ;:::>:::<:;:<::;»:::: : .. ::.: .: : .: :.:>;::;:: : >:: ..; ::.>:.;:..: .:.; <:>:.:. :.::.: . ; NHC�L.C��. ; :: > :�31:�? Bt1�ib.: <:>::::<:>::::::>:� ; T`�"t'A�. �IC� <:; :,: :::: . ,.;: :.�:;:: :;:::;::><<:>..:>:::>:;<:>:<:>::::::::.::: ; ; .:: :.:;;: : : .: : . :.: ;: ; : ::.:. ::::: .::::> . _ . CQMN1�t�ITS . ... .: : Lunda Construction Company 5% US Fidelity $537,375.75 620 Gebhardt Road Black River FaJis WI 54615 Park Construction Co 5% US Fidelity $556,558.58 7900 Beach St NE Minneapolis MN 55432 C S McCrossan Construction 5% Sea Port $558,441.57- P O Box 1240 Surety � Maple Grove MN 55369 Progressive Contractors Inc 5% General $593,794.00 8736 Zachary Lane Accident Osseo MN 55369 Blattner Constructors Miners 5% Fidelity $640,520.00 16733 County Road 9 Avon MN 56310 Carl Bolander & Sons 5% N. Fidelity $689,212.75 251 Starkey St St Paul MN 55i07 , Rice Lake Contracting Corp 5% US Fidelity $697,760.00 County Road 12 Deerwood MN 56444 Lametti & Sons inc 5% US Fidelity $706,785.00 16028 Forest Blvd No Hugo MN 55038 Division 7 Corporation 5% Granite $751,991.25 7670 Highway 65 NE Fridley MN 55432 Glenwood Bridge Inc 5% American Ins. $763,958.75 2260 N Lakeshore Drive Glenwood MN 556334 Becklin Brothers No Bid 3175 369th Ave NE Cambridge MN 550�8 17A LOCKE LAKE DAM RESTORATION, PROJECT NO. 211 Page 2 _ ; _ ;: >< ;:><;:::;:::> <»:<:: P�,ANHtJl�7ER ' �:I;D �4N�3 T�JJ7AL BlQ , , , , ;:: :: <. ::. >:;.<;:<:::. ;.:::.:: .; .:: .;.:..::. ..::;:; . , >: .... :. ::; � . . ..:. .:. . . ... .:. . ' :.::.:.>:... . �C�IV[M�1'J'1 S :::':::;:>'::'::<;: Edward Kraemer & Sons No Bid One Plainview Road Plain WI 53577 Ford Construction Co No Bid 1711 E Koehnen Circle Exceisior MN 55331 Johnson Brothers Corp No Bid 23577 MN Hwy 22 Litchfield MN 55355 Julian M Johnson Construction No Bid 10610 NE Nassau Street Blaine MN 55449 Lewis Engineering Company No Bid 4201 Norex Dr • Chaska MN 55318 Marcy Construction Co No Bid 2813 Bryant Ave So Minneapolis MN 55408 Philips & Company No Bid 8099 Baker Ave N Buffalo MN 55313 Redstone Construction No Bid Route 3, P O Box 218 Mora MN 55051 Shery1's Construction inc No Bid 1975 Parvey �ine Finlayson MN 55735 Veit & Company Inc No Bid 14000 Veit Place Ro ers MN 553749583 :� Ip�rks Streets ��,�ainfenancc ME MORAND�JM TO: William VV. Bums, City Manager �+! PW94-03$ ,�� FROM: John G. Flora,�Public Works Director DATE: February 7, 1994 SUBJECT: Change Order No. 2- 63rd Avenue Booster Station Project No. 250 We have received Change Order No. 2 to the 63rd Avenue Booster Station for installation of gas services to the building. This cost is for the extension of Minnegasco setvices from the intersection of Pierce and 63rd to the building in the amount of $740. This is an integral part of the project. The change order is required in order to identify the cost and obtain Army funding. Recommend the City Council approve Change Order No. 2 for the 63rd Avenue Booster Station Project No. 250 for the amount of $740. JGF:cz Attachment : � . �.. � � G'HANGE OR.DER (Instructions on reverse side) No. PROJECT: 63rd Avenue Flow Control and DATE OF ISSUANCE: J3nuary 24, 1994 Booster Station OWNER: City of Fridley (Name, Fridley, Minnesota OWNER's Project No. 250 Address) CONTRACTOR: Richmar Construction, Inc_ ENGINEER: 7776 Alden Way Maier Stewart and Associates, Inc. Fridley, MN 55432 1326 Energy Park Drive St. Paul, NIIV 55108 CONTRACT FOR: 63rd Avenue Flow Control and Booster Station ENGINEER's Project No. 685-004-30 You are directed to make the following changes in the Contract Documents. Description: See attached narrative. Purpose of Change Order: Attachments: (List documents supporting change) C�i�IGE IN CONTRACT PRICE: Original Contract Price $ 346.400 Previous Change Orders No. 1 to No. _�_ $ 960 Contracc Price prior to this Change Order $ 347,360 Net Increase of this Change Order $ 740 Contract Price with all approved Change Orders CHANGE IN CONTRACT TIME: Original Contzact Time March 1 1994 days or date Net change irom p�evious Change Orde�-s deys Contract Time Prior to this Change Or�ar March 1, 1994 days or dace Net Increase of this Change Order aeYs Contract Time with all approved Changa Orders $ 348. 100 � Niarcn 1 i 994 1� days or dace t'� RECOMNIFNDED : APPRO�D : AppROVED • !' $�>� � T��l�,�m 1� i\. �r1�i,��R . /L L�. \ ' - '': By �'\ ��,'' ��Q, ' Engineer Own2r Contract�r (� �/ ' __ - ` � � ' EJCDC No. 1910-8-B (1983 Edition) ___. ,._ I� ci8C-CO'�2.250 � vr1 685-(x14-30 NARRATIVE: Change Order No. 2 PROJEC'T: 63rd Avenue Booster Station City of Fridley Project No. 250 DATE: January 25, 1994 F1LE: 685-004-30 Change Order No. 2 is written due to the unanticipated cost of $740 associated with the recently installed natural gas service for the 63rd Avenue Booster Station. Minnegasco bases their service installation charges on the construction cost of the gas service and on the expected annual natural gas usage, i.e., the length of time it will take to recoup the service installation cost. Since the estimated annual gas usage for the booster station is low relative to the service instalTation cost, Minnegasco �billed $740 for the service installation. The Project Specifications state that the Contractor shall coordinate the gas service installation with Minnegasco. The Project Specifications do not obligate the Contractor to bear the cost of the natural gas service installation. The Contractor is directed, by Change Order No. 2, to bear the cost of the 63rd Avenue Booster Station natural gas service. Change Order No. 2 is therefore written to compensate the Contractor in the amount of $740. 685-COA2.250 685-004-30 1 �B En9�^een i^: Sewer 1Nater P�ikS Streets M:�in!en�rce MEMORANDUM TO: William W. Bums, City Manager �� FROM: John G. Flora,�'Public Works Director Scott Erickson, Asst Public Works Director�4 DATE: January 18, 1994 PW94-002 SUBJECT: Resolution for Miscellaneous Concrete Curb, Gutter and Sidewalk Project No. 262 Attached is the resolution ordering advertisement of bids for the 1994 Miscellaneous Concrete G�rb, Gutter and Sidewalk Project No. 262. This resolution is being provided for execution by the City as mandated by State law. This project covers the remedial sidewalk, curb repair and replacement in the City whether due to utility repairs or to driveway entrance permits. Recommend the City Council approve the resolution ordering advertisement of bids for the 1994 Miscellaneous Concrete Curb, Gutter and Sidewalk Project No. 262. SE/JGF:cz Attachment 19 r � •. ..► , RF,S90I�TI�1 I�U. - 1994 •�:�_ • 1 • •i•:�::,�• � � � � :�•� :i:,� i:� ' �t• : �� : •�:� • � i� '�:+1• •�,:r �:� •t� �: MW �:,� h� •�, �+•�� 1i: rll•�: rl 4:+�� '.' .,i� •.• '✓ � i�8 � ttle ooa�struction of oertain �i�ave�erits �.S de�ned to be �.n the irYtere�t of the City of FYidley and the pznperty aaners affec,.tec� thereby. Nl7W, �, ffi IT R'F,�LVED by the City �i1 of th�e City of Friclley, Anoka OcxuYty, Minnesata as follaws: , 1. Zhat the follaairyg ia��raveqner�ts prc�osed by C7auycil Resolutior�s are hernby ordered to be effectsd and �leted as required: R�ennoval ar�d replacement of misQellaneo�a.s concrete curb, gutter ar�d sidewalk. 2. The plans ar�d specifications prepat�ed by the Public Wbrks Direc�or for � improveraems are hereb�y a}�proved at�d shall be filed with the City Claxk. Th� Public Works Director shall a000zdirigly pre.��e and cause to be insexted in the official newspaper advertisements for bids upon the making of such imprave�ner�ts under such approved plans ar�d s�ecification.s. �he advertis�ts hall be published for three (3) w�eeks (at least 21 days), ar�d shall specify the woork to be done aryd will state that the bids will be �zed arid �ooa�sid� at 11:00 AM TOES�,Y, MAibCS 15, 1994, ar�d that no bids will be considered unless sealed ar�d filed with the Public Works Direc.�tor. 'Ii�at the advertisement for bids for RENriVAL AI�ID OF CURB, GUITEit At�ID S� PItU7EXT N�. 262 shall be substantially in the star�dard form. ti�+� • i� • �• • �� i� a •� �� s�� • � r:i� si • � • r� r:� : r: ► • • � �•i•� r• •a �f i �� « ►• �' • �� « �� . 19A WILLIAM J. NEE - MAYOR 20 21 22 _ � FOR CONCURRENCE BY THE CITY COUNCIL �AS sExvicEs Heating & Cooling Two Inc 9290 �achary Ln N Maple Grove MN 55369-4088 Steve Sinkie GENERAL CONTACTOR-RESIDENTIAL Cole Dale Construction (6907) 6452 Bluebird Cir Maple Grove MN 55369-6029 Da[e Cole Pacesetter Product�s of MN (2414) 1110 New Brighton Blvd Minneapolis MN 55413 HEATING Associated Mechanical Contractors Inc PO 237 Shakopee MN 55379-0237 Heating & Cooling Two Inc 9290 Zachary Ln N Mapie Grove MN 55369-4088 Northdand Mechanical Cnn�-actors 290Q Nevada Ave N New Hope MN 55427-2809 PLUMBIIYG Assc�ciated Mechanical Contractors Inc PO 237 Shakopee MN 55379-0237 Daas Plumbing Inc 3781 131 Ave NE Blaine MN 55449-6530 Klamm Mechanical Contractors 12409 Co Rd 11 Burnsvitle MI�f 55337-3195 Rite-Way Plumbing Inc 1612 Como Ave #104 St Paul MN 55108-2718 Dana Hamik Joseph Sand Steve Sinkie Richard Tieva J<�seph Sand Richard Daas Kobert Klamm Denny Sullivan 22A LICENSES GARY FORD Acting Bldg Ofcl STATE OF MINN Same GARY FORD �kcting Bidg Ofcl Same Same STATE 4F MINN Same Same Same S�riggs Plb� & Htg Co 124 Eva St St Paul MN 55107-1401 Wayne Plourde Same ZZB � _ FRIDLEY CITY COUNCIL Fi�ai°Y FEBRUARY 7, 1994 Barna, Guzy & Steffen, Ltd. 400 Northtown Financial Plaza 200 Coon Rapids Boulevard Coon Rapids, MN 55433 Statement for Services Rendered as City Attorney for the Month of December, 1993 . . . . . . . . . . . . . . . . . . . . . . $ 243.98 Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, MN 55432 Sta#ement for Services Rendered as City Prosecuting Attorney for the Month of December, 1993 . . . . . . . . . . . . . . . . . . $ 13,429.75 NewMech Companies, Inc. 1633 Eustis Street St. Paul, MN 55108 Locke Park Filter Plant Modification Project No. 240 Estimate No. 1 . . . . . . . . . . . . . . . . . . . . . . . . . $ 90,252.00 23