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05/02/1994 - 4918' CITYOF FRIDLfY FRIDLEY CITY COUNCTL MEETING , ATTENDENCE SHEET I`�onday , May 2 , 1994 7:30 P.M. PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN PRINT NAME (CLEARLY) ADDRESS �-° t/!-= w � � ' t��'c� !�e U��V 3 C4.� �� cti�t. ' � �,� 5 S �'✓% ,t,� '/� � / � ; - . �/ ' o� � ITEM NUMBER FRIDLEY CITY COUNCIL MEETING OF MAY 2, 1994 OLD BUSINESS: Variance Request, VAR #94-01, by Donald Egerer for Uno-Ven Company, to lncrease the Maximum Square Footage of a Sign from 80 Square Feet to 227 Square Feet, Generally Located at 5695 Hackmann Avenue N.E. (fabled April 18, 1994) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 - 1 W NEW BUSINESS: Appointment: City Employee . . . . . . . . . . . . . . . . . . . . . . . . 2 First Reading of an Ordinance Repealing Chapter 107 of the Fridley City Code in its Entirety and Adopting a New Chapter 107 Entitled "Fire Department" ..................................... 3-3D Receive the Minutes of the Planning Commission Meeting of Apri) 20, 1994: . . . . . . . . . , . . . . . . . 4 - 4T A. Special Use Permit Request, SP #94-02, by Friendly Chevrolet, to Allow Agencies Selling or Displaying New and/or Used Vehicfes or Boats Generally Located at 7011 University Avenue N.E. . . . . . . . . . . . . . . . . . . . ................... 4 - 4E 41 - 4S Page 2 FRIDLEY CITY COUNCIL MEETING OF MAY 2, 1994 � NEW BUS{NESS (CONTINUED): Receive the Minutes of the Planning Commission Meeting of April 20, 1994 (Continued): B. Establish a Public Hearing for May 16� 1994, for a Vacation Request, SAV #94-01, by Scott Lund, to Vacate a 15 Foot Drainage and Utility Easement, Generally Located on Highway 65 South of Fireside Drive and North of 73 1/2 Avenue N.E. . . . . . . . . . . . . . . . ..........•--.. 4E - 4F 4T Establish a Public Hearing for June 6, 1994, for an Ordinance Amending Chapter 2 and Section 4:04 of the Fridley City Charter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 - 51 Establish a Public Hearing for May 16, 1994, for the CATV Transfer of Ownership . . . . . . . . : . . . . . 6 - 6B Approve a Joint Powers Agreement Between the Cities of Fridley and Mounds View for the Reconstruction of Stinson Boulevard/Pleasant View Drive . . . . . . . . . . . . . . . . . . . . . . . . 7 - 7C Page 3 FRIDLEY CITY COUNCIL MEETING OF MAY 2, 1994 NEW BUSINESS (C4NTINUED� Approve Change Order No. 1 for the 1.5 MG Storage Tank Project No. 212 . . . . . . . . . . . . . . . . . . 8 - 8E Receive Bids and Award Contract for Street Improvement Project No. ST. 1994 - 10 {Sealcoat) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 - 9B Receive Bids and Award Contract for Fire Apparatus Contract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Page 4 Resolution Ordering Preliminary Plans, Specifications and Estimates of Costs Thereof: Concrete Street Repair - North and South Innsbruck Area Project No. ST. 1994 - 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 - 11 D Resolution Ordering Improvement, Final Plans and Specifications and Estimates of Costs Thereof: Concrete Street Repair - North and South Innsbruck Area Project No. ST. 1994 - 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 FRIDLEY CITY COUNCIL MEETING OF MAY 2, 1994 NEW BUSINESS �CONTINUED): Resolution Ordering Improvement and Approval of Plans and Ordering Advertisement for Bids: Concrete Street Repair - North and South Innsbruck Area Project No. ST.1994-7 ..................................... 13 Page 5 Resolution Changing the Name of the Little League Fields to "Ray Thompson Little League Fields" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 - 14A Resolution Authorizing the Entering of a Grant Contract with the Board of Government Innovation and Cooperation for Providing a Regional Senior Citizen Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 - 151 Informal Status Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 FRIDLEY CITY COUNCIL MEETING OF MAY 2, 1994 NEW BUSINESS: Claims......................................... 17 Page 6 Licenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 - 18G ADJOURN: ♦ � TH$ MINOTES OF THE HOARD OF R1�VIEA MELTIN(3 OF APRIL 18. 1994 The City Council met as the Board of Review and the meeting was called to order by Mayor Nee at 7:34 p.m. Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. �LEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBER PRESENT: Mayor Nee, Councilwoman Jorgenson, Councilman Schneider, and Councilwoman Bolkcom MEMBERS ABSENT: None Mayor Nee stated that he has a problem with his voice and asked that Mayor Pro Tem Schneider conduct the meeting. Mayor Pro Tem Schneider stated that the Council will conduct two meetings this evening, the Board of Review and the Regular City Council meeting. He stated that the purpose of the Board of Review - meeting is to hear from.residents who wish to appeal the assessed value placed on their property. Mr. Leon Madsen, Assessor, stated that the Board of Review meeting is held annually to allow residents the opportunity to speak regarding the 1994 values placed on their properties for taxes payable in 1995. He stated that the Board of Review can either re-affirm the value or increase or decrea5e the value. He stated that those property owners not satisfied with the ruiing of the Board of Review can further appeal to the County Board of Equalization which will be meeting on June 17, 1994. Mr. Madsen stated that he has spoken with a number of residents and answered questions on the values of their properties. He stated, however, that there are two appeals which the Council should consider this evening. � MR. LEVI PHILLIPS, 1632 RICE CREEK ROAD: Mr. Madsen stated that the first appeal is from Mr. Levi Phillips, 1632 Rice Creek Road. He stated that this property has a value of $44,900, and it is recommended that the value be re-affirmed. He stated that Mr. Phillips sent a letter to the County Assessor's Office which was forwarded to the City. . BOARD OF REVIEW MBETING OF APRIL 18. 1994 PAGE 2 Mr. Madsen stated that he determined the value using several methods. He stated that one method was to consider the entire parcel with the structure and land as one entity. He stated that the structure on the property is 20 feet by 20 feet. Tt was built in 1949 and is in poor condition. He stated that the value of both the structure and the land is $44,900. He stated that another method used to determine value was based on two sites for a value of $46,000. Mayor Pro Tem Schneider stated that if there was not a structure on this parcel, the land value itself would exceed the value of $44,900, which has been placed on this property. Mr. Phillips was not present at this meeting. MOTION by Councilman Billings to receive the letter from Mr. Phillips. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. MOTION by Councilwoman Jorgenson to re-affirm the value placed on Mr. Phillips' property at 1632 Rice Creek Road at $44,900. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. MR. MCGINNITY, OWNER OF PROPERTY AT 124 LONGFELLOW STREET: Mr. Madsen stated that Mr. McGinnity, 7783 Tyler Street, Spring Lake Park, has voiced his concern about the value of $75,400 placed on property he owns at 124 Longfellow Street. He stated that this property is located immediately adj acent to the railroad tracks and across the tracks from Park Construction. He stated that this is a unique situation, and he would like additional time to review the value placed on the property. Mr. Madsen stated that he has spoken with Mr. McGinnity and advised him that this could be handled in several ways; to either continue this meeting or, if there are no other cases, there would be no continuation of thei Board, and Mr. McGinnity would have the right to appeal to the County Board of Equalization. He stated that Mr. McGinnity was satisfied that this value would be reviewed. MOTION by Councilman Billings to re-affirm the value placed on this property at 124 Longfellow Street at $75,400. Seconded by Council- woman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. No other persons were present to protest the values placed on their property. BOARD OF REVISW MEETING OF APRIL 18. 1994 PAGE 3 MOTION by Councilwoman Jorgenson to adjourn the meeting of the Board of Review. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously and the meeting adjourned at 7:45 p.m. Respectfully submitted, Carole Haddad William J. Nee Recording Secretary Mayor THE MINIITES OF THE REGIILAR MEETING OF THE FRIDLEY CITY COIINCIL OF APRIL 18, 1994 Mayor Pro Tem Schneider called the Regular Meeting of the Fridley City Council to order at 7:45 p.m., after the Council met as the Board of Review. MEMBERS PRESENT: MEMBERS ABSENT: APPROVAL 0F MXNUTES: Mayor Nee, Councilwoman Jorgenson, Councilman Billings, Mayor Pro Tem Schneider, and Councilwoman Bolkcom None �COUNCIL�MEETING.�APRIL 4, 1994: MOTION by Councilman Billings to approve the minutes as presented. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilwoman Jorqenson to Seconded by Councilwoman Bolkcom. aye, Mayor Pro Tem Schneider unanimously. OPEN FORUM, VISITORS: adopt the agenda as submitted. Upon a voice vote, all voting declared the motion carried Mr. David Sallman, Public Safety Director, introduced new employees of the Police Department. He stated that Liz Chevalier was hired to fill the vacancy of Crime Prevention Specialist. He stated that she previously worked for the City in the same position and has a BS Degree from the University of Minnesota and a certificate in social work. Mr. Sallman also introduced four new Police Officers, Jon Burnham, Dan Douglas, Greg Salo and �eff Smith. He stated that Jon Burnham was raised in New Hope, received his AA degree from North Hennepin Community College, and was previously employ.ed at United Parcel Services. Mr. Sallman stated that Dan Douglas was raised in Byron, Minnesota, received his AA degree in law enforcement from Rochester Community College, and was previously employed in Iowa as a police officer. Mr. Sallman stated that Greg Salo was raised in Fridley and attended Coon Rapids High School. He stated that Greg received his AA degree from Anoka Ramsey Community College and was a former Community Service Officer at Fridley and a Deputy with Hennepin County. Mr. Sallman stated that Jeff Smith was raised in St. Paul and attended Cretin High School, received his AA degree from Lakewood Community College, and was previously employed by the Minnesota Zoo. FRIDLEY CITY COIINCIL_MEETING OF APRIL 18, 1994 PAGE 2 The City Council welcomed these new employees to the City. OPEN FORUM, VISITORS• Mr. Clarence Theisen, 111 63rd Way, voiced several concerns. He stated that his home was broken into several years ago even though he had notified the Police Department that he would be away. He stated that over a year ago, Police Department personnel followed him to his home after leaving the liquor store. He stated that. this was reported to liquor store personnel, but nothing was�ever done. He stated that he was aZso concerned with people not observing traffic signals. . Councilwoman Jorgenson adyised Mr. Theisen that it would have been helpful if these 'items had been brought to the Council's attention sooner so that they could have been checked. Councilman Schneider asked Mr. Theisen to forward his concerns, in writing, to the Council. At that time they would be reviewed. PUBLIC HEARINGS: � 2. PUBLIC HEARING ON AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE CHAPTER 506 ENTITLED °VEHICLE PARKING " BY AMENDING SECTION 506.13 "PARKING IN RESIDENTIAL DISTRICTS•" MOTION by Councilman Billings to waive the reading of the public hearing notice and open the public hearing. Seconded by Council- woman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously and the public hearing opened at 7:55 p.m. Mayor Pro Tem Schneider stated that this public hearing is on a proposed ordinance amendment. He stated that the purpose of this hearing is to receive input from the public and hear arguments for or against this proposed amendment. He stated that no action would be taken this evening on the proposed ordinance amendment. Mayor Pro Tem Schneider stated that staff would present a report on this amendment, with an opportunity for the Council to ask questions after staff's presentation. He stated that this issue would then be open for the public to ask any questions and then comments for or against the proposed ordinance amendment would be heard. MOTION by Councilman Billings to receive a letter From Arnie Ostlund, 1453 64th Avenue, dated April 4, 1994. Seconded by Councilwoman Jargenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. MOTION by Councilwoman Jorgenson to receive letters from David Vant, 7555 Van Buren Street, dated April 12, 1994; Dennis and FRIDLEY CITY COLTNCIL MEETING OF APRIL 18. 1994 PAGE 3 Kathleen Webber, 1371 75th Avenue, dated April 10, 1994; and Mervin Herrmann, 278 Mercury Drive, dated April 18, 1994. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. Ms. Dacy, Community Development Director, stated that six to ten times per year staff receives complaints about large vehicles on private property. She stated that these complaints relate to noise, size and conflict with the single family areas. She stated that most of these vehicles have a diesel engine, and there are noise and odors associated with these engines. She stated that sometimes there is a visual obstruction because of the size of the vehicle, which may take up an entire driveway. She stated that some of the vehicles may be used as an illegal home occupation. Ms. Dacy stated that this proposed amendment is to Chapter 506 of the City Code and contains a variety of issues regarding safety. She stated that Section 506.13 contains language that prohibits parking of vehicles over 12,000 pounds on the street. She stated that some communities prohibit parking not only on the street, but private property. In some cities, there may be a 10,000 pound limit. Ms. Dacy also stated that currently there is no language within Section 506.13 of the Code that addresses parking of large vehicles on private properties in residential districts. Ms. Dacy stated that the relevant definitions for terms used in the vehicle parking code are set forth at the beginning of Chapter 506 of the City Code. She stated that these definitions are important to this issue since only those vehicles identified by the definitions are subject to the requirements of Section 506.13. She stated that the definitions reference state statues which define the vehicles. Ms. Dacy then reviewed the statutory defin�tions of a mobile home, house trailer, tractor, truck, semitrailer, and bus. Ms. Dacy stated that the intent of the proposed ordinance is to prohibit vehicles over 12,000 pounds of weight on private property, and the other portion of the ordinance would limit residents to storing one vehicle on the property if its licensed gross vehicle weight is between 3,001 and 12,000 pounds. She stated that it has been determined that the 3,000 pound limit is too low, and this minimum should be increased to 6,001 pounds. Ms. Dacy stated that some of the owners of larger trucks felt they should be grandfathered in, and that this proposed ordinance should not apply to them. She stated that the City Attorney has reviewed this issue, and the grandfather clause applies only to zoning code provisions. Ms. Dacy stated that this proposed ordinance amendment was not intended to include recreational vehicles. She stated that the ordinance could possibly be interpreted to read that recreational vehicles are covered by this amendment due to the manner in which FRIDLEY CITY COIINCIL MBETING OF APRIL 18, 1994 PAG$ 4 the statute defines the terms. She stated that recreational vehicles could be excluded from the proposed ordinance amendment by eliminating house trailers and mobile homes from the list of defined vehicles or adding other language to exclude such vehicles from the parking restriction on private properties. Ms. Dacy stated that there was a concern about the reference to the weight of vehicles and if recreational vehicTes over 12,000 pounds would be allowed to be parked on private property. She stated that the .point to be discussed is if the weight restriction should apply to residential propert.ies. � Councilman Billings�.questioned if' there were onl:y. six to ten �complaints per year, how the issue got to this point. He asked how many complaints were for vehicles over 12;000 pounds in weight. Ms. Dacy stated that there were two specific property complaints that generated staff research, and this was brought to the Council's attention. She stated that the majority of the complaints pertained to the larger trucks. Mr. Barg, Code Enforcement Officer, stated that the number of complaints is an estimate since na record of these calls exists unless the complainant alleges the vehicle to be unlicensed and/or inoperable. He stated that if the vehicle is licensed and operable, there is no further action, as the vehicle is in compliance with the current code. Ms. Lynn Gasparro, 1604 Briardale Road, asked if boats and trailers were included in this ordinance. Ms. Dacy stated that boats and trailers are not included. Mr. Quentin Freeburg, 301 Rice Creek Terrace, stated that there were a number of churches that maintain buses on their properties, and he asked if they would be affected by this ordinance amendment. Ms. Dacy stated that churches would be subject to this proposed amendment because there is reference to residential property. Mr. Freeburg asked what was meant by visual obstruction. Ms. Dacy stated that if there are several large trucks parked in a driveway, there is visual obstruction for neighbors who cannot see to back out of their driveways. Mr. Freeburg asked if there was not some other way to handle these complaints. Ms. Dacy stated an ordinance that could possibly apply would be the junk vehicle ordinance; however, if the owner makes sure the vehicle is in an operable condition, it is not a junk vehicle. FRIDLEY CITY COIINCIL MEETING OF APRIL 18 1994 PAGE 5 She stated that the other ordinance that may apply would be an amendment to the home occupation ordinance on what types of vehicle activity would be allowed on the property. Mr. Ed Thayer, 6526 Clover Place, stated that there is no question this ordinance would include recreational vehicles, as they weigh over 12,000 pounds. Ms. Dacy stated that the intent was not to include recreational vehicles. If this is the way it is interpreted, the wording should be changed. Mr. Lee `Swit.zer,. � 587.0 7th �Street,_ asked if he and a trailer., in violation of the proposed ordinance if he had a dump truck and the trailer is an E classification. He stated that the two had to go together. Ms. Dacy stated that this would have to be clarified in the ordinance. Mayor Pro Tem Schneider stated that the way it is now worded, he would be in violation. Mr. James Dawson, 6360 Van Buren Street, stated that he just purchased a recreational vehicle that weighs 15,000 pounds. He stated that if he had to store it, the cost would be between $75 to $100 per month. Mr. Warren Paulson, 6881 Highway 65, stated that he is the owner af the Budget Host Motel, and his property and the Insurance Mart and Knights of Columbus Hall are zoned residential. He stated that if this ordinance is adopted, he would need a special use permit in order to remain in business. Ms. Dacy stated, in essence, that these properties are commercial even though they have an R-3 zoning. She stated that to apply this ordinance to these particular properties would not be appropriate. Mr. Dave Sinigaglio, 4875 3rd Street, commented about the road restrictions in the City. Mr. Maynard Edson, 5190 Buchanan Street, stated that 12,000 pounds is not much �eight, and he felt it is very restrictive. He felt that if the minimum was changed from 3,000 pounds to 6,000 pounds, the license classifications would also need to be changed. Mr. Dick Thomasson, 7498 Jackson Street, stated that he has a recreational vehicle, but if he is restricted to 12,000 pounds, he would be in violation of this proposed ordinance. Mr. Henry Zimmer, 4021 California Street, asked if a tool van would be covered under this proposed ordinance. FRIDLEY CITY COIINCIL MEETINa OF APRIL 18. 1994 PAGE 6 Mayor Pro Tem Schneider stated that as the ordinance is written, vans are not included. Mr. Theisen, 111 63rd Avenue, stated that he has a pickup which weighs 8,100 pounds and a 35 foot fifth wheel trailer which is a D classification and weighs no more than 9,000 pounds. He wanted to know if he could park these in his driveway. Mayor Pro Tem Schneider stated that as the proposed ordinance is written, he could not. Ms. Agnes Mihal.ow, 5411.Madison Street, stated that with only tc�to complaints received by the City, this certainly has opened a:'can of worms," and she.felt it did not need to be done. Mr. Don Gonko, 1361 75th Avenue, voiced his concern about trucks parked in the driveway at 1371 75th Avenue. He stated that these trucks are started every morning between 5:30 a.m. and 7:30 a.m., and the noise from the diesel engines vibrates his whole house. He stated that one family in the area has to use fans in their bedrooms due to the noise. He stated that he did not like these commercial trucks in the neighborhood. He also said that he cannot see to the end of the block. Mr. Gonko played a cassette tape of what he hears every morning when the trucks are started. He stated that he did not say anything when there was only one truck, but now there are two. He wondered if there would be more in the future. Mr. Gonko presented a petition for removal of these trucks from the neighborhood. MOTION by Councilwoman Jorgenson to receive Petition No. 2. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. Mr. Quentin Freeburg, 301 Rice Creek Terrace, felt that there were not a lot of complaints about commercial vehicles. Possibly these could be handled by a less restrictive means and the City could leave the ordinance as it now exists. Mayor Pro Tem Schneider stated that the existing ordinances do not provide the tools to address these issues. Mr. Willard Kastensen, 1541 Rice Creek Road, stated that in his neighborhood, a neighbor starts his truck at 5:00 a.m. and lets it warm up 15 to 20 minutes. He felt that commercial trucks should not be tolerated in a residential area. He stated that one of the vehicles in question has not been moved for years, and it creates an eyesore and devalues property. He stated that at any time, his neighbor can bring in af�y type of truck even though it blocks his view. Mr. Kastensen spoke in favor of the ordinance. FRIDL�Y CITY COTTNCIL MEETING OF APRIL 18, 1994 PAGE 7 Mr. Darrell Cedarholm, 1551 Rice Creek Road, stated that he strongly supports the proposed ordinance. He stated that he has lived in Fridley for seventeen years and knew there were large trucks in his neighborhood when he purchased his property. He incorrectly assumed Fridley had an ordinance to prohibit the commercial vehicles in a residential area. He stated that the size of the vehicles can be very intimidating, and they create noise and air pollution. Mr. Cedarholm stated that at one time the situation was so bad that the Police Department was called. When they came into the house, their eyes burned. He stated that safety is another issue, as Rice Creek Road is a residential collector street. He felt that a person should not be able to operate a large trucking business in a resiciential area, and he did not understand why surrounding communities had ordinances protecting their residents but Fridley did not. Mr. James Sommers, 6221 6th Street, stated that he has lived in Fridley for thirty years. Most of the time has had a camper but never a complaint. He felt that most of the campers are in people's back yards and out of sight. He felt that the issue of campers and large commercial trucks should be separated. Ms. Dolores Kastensen, 1541 Rice Creek Road, presented a petition in favor of this proposed ordinance. MOTION by Councilwoman Jorgenson to receive Petition No. 3. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. Ms. Kastensen stated that the City allows the privilege of industrial vehicles to park on residential proper�y and streets. She stated that this is abuse, which results in air pollution and disruption of lifestyle. She stated that she must keep her windows closed due to the pollution from the diesel engines of the commercial vehicles parked on her neighbor's property. She stated that this also devalues property and creates a stigma by allowing parking of those vehicles in a residential area. She stated that the taxes she pays are for residential living, not for industrial living. Ms. Kastensen stated that some truck operators feel this proposed ordinance may mean a change for them. She stated that in the name of progress or betterment of the community, everyone has to make changes. She stated that the majority of the residents in her neighborhood expressed the need for this ordinance, and it would be in the best interests of the home owners. She requested that the Council pass this ordinance to make properties better and to keep up property values. Mr. Jim Bates, 6211 6th Street, felt that large commercial vehicles and recreational vehicles should be two separate issues. He FRIDLEY CITY COIINCIL MEETING OF APRIL 18, 1994 PAQE 8 suggested that recreational vehicles be eliminated from this proposed ordinance. Mr. Jim Ring, 1500 Rice Creek Road, felt that two issues are involved. He stated that from talking with people, the majority of people against this ordinance are against it because it includes recreational vehicles and campers. He stated that recreational vehicles have not been the source of complaints. He stated that commercial vehicles are a totally separate issue. Mr. Ring stated that the commercial vehicles in his area have been there for some time. He stated that the reality is that people abuse rights and privileges. An individual is powerless to do anything about it and looks to the City for enforcement. Mr. Bill Camp, 6280 University Avenue, stated that he would like recreational vehicles eliminated from this proposed ordinance. He felt that it was important that two vehicles be allowed, rather than just one, in order to accommodate visitors. He stated that he would be in favor of the ordinance amendment, if the issue of recreational vehicles was eliminated. Mr. Gene Engelbrecht, 6800 Madison Street, stated that he would be in favor of this proposed ordinance, if the following wording was added: "Factory manufactured vehicles intended for recreational use shall be exempt from this ordinance." Ms. Cindy Kummrow, 4632 2nd Street, stated that sometimes motor homes and recreational vehicles are unsightly. She stated that limiting access to public streets is one thing, but she questioned limiting access to private property. She felt that a person's livelihood had to be taken into consideration, as they may need to park a commercial truck on their private driveway. Mr. Bob Miller, 6293 Jackson Street, stated that he can appreciate some of the complaints about large commercial vehicles. He stated that he has a 12,000 pound vehicle, and the Council might wish to consider not allowing dual tandem vehicles, as these engines are very loud.. Mr. Miller stated that his truck has been in the neighborhood for 22 years. His son has a vehicle which weighs more but is smaller in size. He stated that to store his vehicle would cost him about $6,000 a year, and that is a lot of money for a small business. Mr. 5t�ven Thill, 7603 Meadowmoor Drive, stated that he felt this proposed ordinance invaded his,privacy as a property owner and takes away his right to park a recreational vehicle on his land. He asked that the commercial trucks be separated from the recreational vehicles and that any reference to recreational vehicles be removed form the ordinance. He stated that he would support the ordinance if recreational vehicles were not included. FRIDLEY CITY COIINCIL MBETING OF APRIL 18, 1994 PAGE 9 Mr. Ed Thayer, 6526 Clover Place, stated that he would support the proposed ordinance if recreational vehicles are not included in the ordinance. Mr. Tom Moore, 6580 Central Avenue, stated that he felt the industrial trucks and recreational vehicles are separate issues. He stated that it seems a person has to make a living. Placing land values and aesthetics above a person's right to make a living was not right. He stated that he was not .in favor of the ordinance. � Mr. Walter Luekow, 161 64-1/2 Way,. stated that he has had.recrea.- �tio�al veh.icles for twenty years.:'He stated �hat�he has a�motor�� home parked in his side yard, and this is not a problem for �the neighbors. He stated that he cam sympathize with people who have trucks roaring beside their homes. He stated that he would be in favor of the ordinance if recreational vehicles were excluded from this proposed.ordinance. Mr. David Locker, 5664 Jackson Street, stated that he has a 26 foot motor home, a 30 foot travel trailer, and a 21 foot boat. He felt that the Council does have to address the issue of the large commercial vehicles, but that recreational vehicles should be excluded. Mr. Edwin Meaney, 6520 Able Street, stated that they have just bought a 19,000 pound motor home, and they have not had any complaints from the neighbors. He stated that he would like more freedom. He stated that he does not appreciate the large commercial vehicles, garbage vehicles, or sirens, but some things are necessary. He stated that there are people who have to make a living with their trucks. He stated that nothing is perfect, including noise control, and laws now on the books should be enforced but no more are needed. Ms. Nancy Hartwig, 4921 3rd Street, stated that this ordinance would hurt truck drivers. She agreed that the recreational vehicles should be separated from this ordinance, as it is a different issue. She stated that truckers make everyone's lives and jobs easier. She stated that in 1994, there will be legislation for commercial vehicles, as currently there are no standards for diesel engines. She stated that semitrailer operators have to meet stringent standards. Ms. Hartwig stated that there were four occasions where police officers were dispatched to her hame to remove trucks on the street. She stated that they are permitted to load and unload their trucks and then they must be moved. She stated that they do everything possible to comply with the ordinances. She felt that everyone has to learn to be a little tolerant of each other. Mr. Lee Erdahl, 248 Liberty Street, felt that the ordinance needed to define trucks versus recreational vehicles. He stated that most FRIDLEY CITY COIINCIL ME$TING OF APRIL 18. 1994 PAGS 10 of the recreational vehicles are in the D classification. Mr. Bob Schewe, 1153 Mississippi Street, stated that he has driven truck for 35 years. He stated that he does not let his truck run when it is not necessary. He stated that he plugs his truck in when he starts it, and it does not cause a lot of smoke. He stated that if he parked the truck on a commercial property, it would be vandalized. He felt that what brought this issue to light was the dump trucks that had not been moved in years. Mr. Schewe felt that trucks should be allowed in.a residential area and possibly have restrictions about how long they could run and the length of time they could be parked. Councilman Schneider asked � Mr.. Scfiewe what .he . felt would �be a reasonable period o€ time for trucks to be parked at any one time. Mr. Schewe stated that three days would be adequate, but this may be different for other truckers depending on their schedules. Mr. Larry Petry, 6700 Channel Road, stated that he would like to use his property as he wishes rather than the City telling him how he can use his property. Ms. Elsie Hanscom, 6000 Stinson Blvd., stated that their tow vehicle is a one ton pickup with an E license. She asked if recreational vehicles are excluded from this proposed ordinance, if this would exclude their pickup. Mayor Pro Tem Schneider stated that the input received this evening is that anything that is recreational in nature be excluded from this proposed ordinance. He stated that the Council would take all the comments into consideration, and he suspected there would be changes in this proposed ordinance amendment. Ms. Donna Tigner, 6370 Monroe Street, stated that she owns a recreational vehicle and has to stand up for the right to protect private property if it is not an eyesore for the community. She stated that the large gravel trucks should be removed or painted. She stated that her parents drive a diesel one ton pickup. If they were to visit,.she did not know where they could park. Mr. Rich Olson, 1660 Mississippi Street, felt that the whole ordinance is ridiculous. He stated that he has lived in Fridley for 47 years, and vehicles all make the same amount of noise. He stated that the City is trying to tell someone they do not have the right to park these vehicles on their property. He stated that he has lived near the railroad tracks and become adjusted to the noise over a period of time. He felt that in situations where there are complaints, generally, the people themselves are having a disagreement with others in the neighborhood. He stated that it is not the vehicles as much as it is two parties against each other. FRIDLEY CITY COIINCIL MEETING OF APRIL 18, 1994 PAGB 11 Ms. Janet Langer, representing her father, Lester Chies who resides at 1530 Rice Creek Road, stated that her father owns the dump trucks that have caused these problems. She stated that when they moved to this neighborhood, there were probably only four or five residents in the area. She stated that she did not believe that the trucks devalue property, and she submitted a letter from a licensed realtor, Mr. Art Ohotto, which indicated "that if the trucks have any affect now, which they may or may not, then they had to have the same affect when residents bought their property." He.stated that if the trucks did not affect the value then,.they should not affect it now. � Ms: Langer asked why her father'S trucks would not��be �grand-: fathered, as she uriderstood this was�the case with Fantasy Hous�. Mr. Herrick, City Attorney, stated that the question with Fantasy House was if the ordinance applied to the type of business they were conducting, and the court stated that it did not. Ms. Langer stated that the neighbors at one time did have goats and they were grandfathered. Mr. Chies stated that Rice Creek Road is a County road and is busy 24 hours a day, so there is noise. He stated that between 3:30 p.m. and 5:30 p.m. you cannot back onto that road. Mr. Chies stated that he has not used the truck in four years, but there may come a time when he needs the vehicle. Ms. Langer stated that her father needed a second vehicle to drive. Mayor Pro Tem asked if there was not some compromise that could be worked out with the neighbors. He stated that the City is going through a lot of discussion and hearings for a handful of problems. Ms. Langer stated that if someone is making a living driving a truck, this should not be taken from him. Mr. Chies stated that he leaves between 5:30 a.m. and 6:00 a.m. and does not try to wake anyone. He stated that you need enough time to pump the air up and get out of the driveway. He stated that he should be told if he is making noise, and he would try to keep it down. Ms. Langer stated that she has lived at 1530 Rice Creek Road for over twenty years, and no one made any comments. She stated that all of a sudden there was a lawsuit, and they went to court and ' won. She stated that no one took the time to listen to what they had to say. MOTION by Councilwoman Jorgenson to receive the letter dated April 14, 1994 from realtor, Arthur Ohotto, regarding truck parking FRIDLEY CITY COIINCIL MEETING OF APRIL 18, 1994 PAGE 12 on property at 1530 Rice Creek Road. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Wally Froehle, 508 67th Avenue, stated that he has lived in Fridley 31 years and owned a travel trailer for 25 years. He felt that people keep their recreational vehicles better looking and cleaner than some of the homes and yards in Fridley. He felt that the recreational vehicles and trucks are two different issues,�and that the.re should be some restrictions on the large commercial trucks. - . .. Mr.�Warren Paulson, owner of the Buidget Host Motel on Highway 65, stated that he has truckers who stay at h�s motel, and he asked his options for h�is property. Mr. Herrick, City Attorney, stated that the options would be to rezone the property or another solution. If this ordinance is adopted, language could be included that would apply to Mr. Paulson's situation. Mayor Pro Tem Schneider stated that the City does not intend to inhibit Mr. Paulson's business. Mr. Douglas Juenemann, 6280 7th Street, stated that he has a 30 foot travel trailer that he has had in storage. He felt that if it was left on the street for only a few days out of the year, it would not hurt anyone's property value. He stated that if recreational vehicles were eliminated from this proposed ordinance, he would be in favor of it. Mr. Curt Barsness, 6581 Central Avenue, felt that people with larger trucks should have some consideration. He felt that if they are good citizens, they should have the opportunity to park their vehicles with their neighbors' blessings. He felt that to pas� an ordinance with no recall does not make much sense. Mr. Lee Switzer, 5870 7th Street, stated that he owns a recrea- tional vehicle, has a 3/4 ton pickup, and will probably purchase a one ton pickup, but he could not do this under the provisions of the proposed ordinance. He felt that there is too much government control now, and several years from now it will be tightened further. He stated that he is not in favor of the ordinance period because he sees some danger in where it is heading. He felt that if there is a particular issue, it should be addressed and leave the rest of the property owners to their private property. Mr. Dean Bliss, 5212 Fillmore Street, stated that he currently owns a 9,000 pound recreational vehicle and would not like to see any weight restrictions on these vehicles. He stated that he would like recreational vehicles specifically excluded from this proposed ordinance. FRIDLEY CITY COIINCIL MBETING OF APRIL 18 1994 PAG$ 13 Mr. David Vant, 7555 Van Buren Street, stated that he submitted a letter which the Council received at the beginning of the meeting. He stated that he runs a business out of his home and parks his trucks at a mini-storage facility. He stated that when a truck runs late, they will sometimes park it in the driveway overnight. He stated that he would hate for this ordinance to be adopted. He stated that people are not going to operate a terminal out of their homes unless a trucker does not have any other option. He stated that he definitely would not want recreational vehicles included in this proposed Qrdinance, and.he would like everyone to be able to keep their personal freedoms. Mr: Ben'.Baxter; 19I Rice Creek Terrace,. stated� that he wouid suggest that the ordinance�be revised to exclude church buses and private school buses parked on church property. He stated he is concerned that the ordinance is much too broad, and�church buses should not be included in the ordinance. Mr. James Dahl, 1520 Rice Creek Road, stated that he has lived at this address for eight years. He stated that the dump trucks were at his neighbor's before he purchased his home, and he either had to accept them or buy another home. He stated that his home has not decreased in value, but actually has increased. He stated that the problem comes down to being neighborly. He stated that if someone has a problem, they should tell the person. Mr. Dahl stated that he has known Mr. Chies for many years. He knows Mr. Chies has a lot of respect for neighbors, and the last thing he would want to do is pollute their air. He stated that he would like to see the neighbors work this out, as it is a personal issue. Mr. Jennifer Webber, 1371 75th Avenue, representing her father, stated that no one had complained about the trucks being parked in their driveway until now. She stated that when they received a call that the trucks were noisy, they were quickly started and gone from the property. She stated that they have invested a lot of money in the trucks and would like to keep them at their home to make sure they are not vandalized. Mr. Webber, 1371 75th Avenue, stated that once he became aware that the noise was bothering his neighbor, the trucks are only run there five minutes at the maximum. He stated that both the trucks are new, are washed every week, and are no eyesore. He stated that a police officer has checked the noise, and they are not over the noise limits. Mr. Arnie Ostlund, 1453 64th Avenue, stated that he has been parking his truck in his driveway for seventeen years and did not think there has been any complaints. He stated that the truck is visible mostly from the front of his driveway. He felt that people have to try and get along with each other. He stated that most of the recreational vehicle owners indicated they were in favor of the ordinance once they felt that recreational vehicles would not be FRIDLEY CITY COIINCIL MEETING OF APRIL 18. 1994 PAa$ 14 included. He stated more than his truck. needed, as there are Mr. Don Gonko, 1361 facts regarding the neighbor's driveway. that some of the recreational vehicles weigh He felt that the proposed ordinance was not only a handful of problems. 75th Avenue, submitted newspaper articles and two commercial diesel trucks parked on his MOTION by Councilwoman Jorgenson to receive the documents submitted by Mr. Gonko, which states the facts as he perceives them. Seconded by Councilwoman Bolkcom. Upon a voice vote, all votin.g aye, Mayor Pro Tem Schneider declared the motion carried unan3mously. � Mr. Dick Lund, 6836 Monroe Street, stated that he purchased a tandem trailer in 1976. He has since sold it and purchased a travel trailer. He stated that he called the City to d'etermine if there were any restrictions. Since it had to be parked on concrete, he paid $800 to install a concrete pad. He stated that the City is now telling him that he cannot park the trailer on his property. Councilman Billings stated that he came to this public hearing unable to support the ordinance amendment as written and has not heard anything this evening that changed his point of view. He stated that he shares some of the comments that were made and Mr. Dahl's comments about being neighborly. He stated that in most cases, everyone wants to be good neighbors, and he did not think the citizens of Fridley want to upset their neighbors. Councilman Billings stated that six to ten complaints a year are received on commercial vehicles, and five or six complaints are received on recreational vehicles. He stated that when the City gets involved and lets residents know their neighbors are upset, in most cases, people will probably take care of the problem. He stated that he honestly does not think this is a big problem in the City to the point where it has to be regulated, and he could not support such an ordinance. No other persons in the audience spoke regarding this proposed ordinance amendment. MOTION by Cour,cilman Schneider to close the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously and the public hearing closed at 10:58 p.m. Mayor Pro Tem Schneider stated that this issue would be deliberated by the Council. The residents would be notified when action would be taken if they have signed the attendance form or filled out a card to speak at this public hearing. He thanked everyone for attending and conducting themselves well, as this was an emotional issue. FRIDLEY CITY COIINCIL MEETING OF APRIL 18 1994 PAGE`15 RECESS• Mayor Pro Tem Schneider called at recess at 11:00 p.m. RECONVENED• Mayor Pro Tem Schneider reconvened the meeting at 11:10 p.m. Al1 Council members were present. 3. PUBLIC HEARING ON TWO PRELIMINARY PLAT REOUESTS, P.S. #94-02 (NORTHCO BUSINESS PARK 5TH ADDITION) AND P.S. #94-03 (TARGET NORTHERN DISTRIBUTION CENTER 3RD ADDITION), BY FRIDLEY BUSINESS CENTER PARTNERSHIP AND DAYTON HUDSON CORPORATION TO. REPLAT PROPERTY LOCATED WITHIN THE PLATS OF NORTHCO BUSINESS CENTER 4TH ADDITION AND TARGET NORTHERN DISTRIBUTION CENTER ADDITION FOR PURPOSES OF LAND AC4UISITION, GENERALLY LOCATED AT 500 73RD AVENUE N.E. AND 1090 73RD AVENUE N.E.: MOTION by Councilman Billings to waive the reading of the public hearing notice and open the public hearing. Seconded by Council- woman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously and the public hearing opened at 11:10 p.m. Ms. Dacy, Community Development Director, stated that the peti- tioners, Fridley Business Center Partnership and Dayton Hudson Corporation, request that the properties located at 500 73rd Avenue and 1090 73rd Avenue be replatted. She stated that the purpose of the replat is to add �15 feet to the Target Northern Distribution Center to allow a possible future truck parking area expansion, as well as a possible building expansion, and to also add .9 acres to the Kwik File property to meet district requirements and allow for possible future expansion. Ms. Dacy stated that the Planning Commission recommended approval of the two plats subject to various stipulations. She stated that some of the major issues involved the relocation of the bikeway/ walkway, the use of the access onto 73rd Avenue which can be used by Target only on an emergency basis, and a concern about the wetlands on the property. Councilman Billings asked if Target had a special use permit for outdoor storage. Ms. Dacy stated that there was a special use permit in 1989, prior to the change in industrial districts, the ordinance amendment, and clarification of outdoor screening requirements. She stated that because the ordinance amendment was adopted after the special use permit, staff is interpreting that the new ordinance applies. Councilman Billings stated that the residents in Melody Manor to the north were very concerned about screening and access to 73rd Avenue when the original plats were being considered. FRIDLEY CITY COIINCIL MEETING OF APRIL 18, 1994 PAGE 16 Ms. Dacy stated that there was concern regarding screening and whether trucks would be coming out the entrance near Jackson Street. She stated that one of the stipulations is for a landscaping plan which consists of a 100 foot vegetative buffer adjacent to 73rd Avenue. Councilman Billings stated that he is apprehensive about an additianal access on 73rd Avenue, as truck traffic should be kept to a minimum. Mr. Tom Bonneville, representing Target Stores Real Estate Department; stated that this access would be maintained as an emergency access,�and T.arget will use the same acEess they haye been using all these years.� He stated that at this time, Target. is attempting to add land to their property so they can expand when the need arises. Councilman Billings asked if Target would be willing to add to the stipulations that the other access on the Northco Addition onto 73rd Avenue would only be for emergencies. Mr. Bonneville stated that he did not have a problem with this being listed as an emergency entrance. He stated that it probably would be locked most of the time. No other persons in the audience spoke regarding these plats. MOTION by Councilman Billings to close the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously and the public hearing closed at 11:28 p.m. NEW BUSINESS• 4. VARIANCE REQUEST. VAR #94-01, BY DONALD EGERER FOR UNO-VEN COMPANY TO INCREASE THE MAXIMUM SQUARE FOOTAGE OF A SIGN FROM 80 SQUARE FEET TO 227 S UARE FEET, GENERALLY LOCATED AT 5695 HACKMANN AVENUE N.E.: Ms. Dacy, Community Development Director, stated that the petitioner was not present at this meeting. MOTION by Councilman Billings to table this item to the May 2, 1994 Council meeting. Seconded by Mayor Nee. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 5. RESOLUTION NO. 26-1994 IN SUPPORT OF A RENEWAL APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT TO THE CHURCH OF THE IMMACULATE CONCEPTION: MOTION by Councilwoman Jorgenson to adopt Resolution No. 26-1994. Seconded by Councilman Billings. Upon a voice vote, all voting FRIDLEY CITY COONCIL MEETING OF APRIL 18. 1994 PAGE 17 aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 6. RESOLUTION NO. 27-1994 APPROVING PLANS AND REOUESTING ANOKA COUNTY TO PROCEED WITH IMPROVEMENTS ON EAST RIVER ROAD FORM HARTMAN CIRCLE TO GLEN CREEK ROAD S.P. 02-601-36 (CITY STREET IMPROVEMENT PROJECT NO. ST. 1994-3): Mr. Flora, Public Works Director, stated that Anoka County has prepared plans and submitted a project for funding for the improvement of East River Road from Hartman Circle to.Glen Creek Road. He stated that the County requires the City to approve the plans and specifications and execute a joint powers agreement. He stated that the plans have been reviewed, and they are consistent with the proposed improvement of East River Road with medians and signalization. Mr. Flora stated that if Council does not wish to include the red brick in the medians, the joint powers agreement should be amended to delete this item. MOTION by Councilwoman Bolkcom to adopt Resolution No. 27-1994. Seconded by Mayor Nee. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 7. APPROVE JOINT POWERS AGREEMENT FOR THE IMPROVEMENT OF COUNTY STATE AID HIGHWAY NO. 1(EAST RIVER ROAD) FROM HARTMAN CIRCLE TO GLEN CREEK ROAD. PROJECT NO. SP 02-601-36: MOTION by Councilwoman Bolkcom to approve the Joint Powers Agreement with Anoka County for the improvement of County State Aid Highway No. 1(East River Road) from Hartman Circle to Glen Creek Road, Project No. SP 02-601-36. Seconded by Councilman Billings. MOTION by Councilwoman Bolkcom to amend the Joint Powers Agreement for Project No. SP 02-601-36 by deleting the red brick from this project, which is shown in the agreement under Item III, B-4a and renaming b, c, and d. Further, that the amount for concrete stone paving be eliminated from this agreement, as shown under Item III, B-11 in the amount of $69,870.00. Seconded by Councilwoman Jorgenson. Councilman Billings stated that the City has made a considerable investment in red brick paving for the medians to identify the City, and he would be opposed to the motion to delete this from the project. Councilwoman Bolkcom stated that there are a lot of problems with weeds when the red brick is used. Personally, she did not feel it is worth the cost. UPON A VOICE VOTE TAKEN ON THE AMENDMENT TO THE MOTION, Council- woman Bolkcom, Councilwoman Jorgenson, Mayor Nee, and Mayor Pro Tem FRIDLEY CITY COIINCIL MEETING OF APRIL 18. 1994 PAGE 18 Schneider voted in favor of the motion. Councilman Billings voted against the motion. Mayor Pro Tem Schneider declared the motion carried. UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, Councilwoman Bolkcom, Councilwoman Jorgenson, Mayor Nee, and Mayor Pro Tem Schneider voted in favor of the motion. Councilman Billings voted against the motion. Mayor Pro Tem Schneider declared the motion carried. 8. RESOLUTION NO. 28-1994 AUTHORIZING MUNICIPAL STATE AID FUNDS TO COUNTY STATE AID HIGHWAY (C.S.A.H.) EAST RIVER ROAD - HARTMAN CIRCLE TO GLEN CREEK ROAD (S.P. 02-601-26) (S.A.P. 127-020-13): , MOTION by Councilwoman Bolkcom to adopt Resolution No. 28-1994. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 9. RESOLUTION NO. 29-1994 ORDERING IMPROVEMENT, APPROVAL OF PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS: STREET IMPROVEMENT PROJECT NO. ST. 1994-11 (SLURRY SEAL): MOTION by Councilwoman Jorgenson to adopt Resolution No. 29-1994. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 10. RESOLUTION NO. 30-1994 AUTHORIZING THE CITY OF FRIDLEY TO ENTER INTO AN AGREEMENT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR THE REIMBURSEMENT OF TUITION COSTS FOR THE STATE MANDATED TECHNICAL CERTIFICATION PROGRAM (AGREEMENT NO. 70102): MOTION by CounciZman Billings to adopt Resolution No. 30-1994. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 11. APPROVE CHANGE ORDER NO. 1 OF THE MISCELLANEOUS CONCRETE CURB, GUTTER AND SIDEWALK PROJECT NO. 262: Mr. Flora, Public Works Director, stated that this change order would delete the concrete apron in front of the Fire Department garage. Councilman Billings asked if the cost would be less in 1995 and wondered if there was any real reason to delete it. Mr. Flora stated that the cost would probably be about the same. Mayor Pro Tem Schneider stated that he thought this cost would be included in the Five-Year Capital Improvement Plan. FRIDLEY CITY COIINCIL MEETING OF APRIL 18. 1994 PAGE 19 MOTION by Councilwoman Jorgenson to authorize Change Order No. 1 to the Miscellaneous Concrete Curb, Gutter and Sidewalk Project No. 262 with Schmidt Curb Company for a deletion of $22,000.00 from the original contract. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 12. APPROVE DRAFT LETTER TO NORTEL CABLE TELEVISION AND PARAGON CABLE-MINNESOTA: AND APPROVE JOINT AND COOPERATIVE AGREEMENT BETWEEN THE CITIES OF FRIDLEY, BLOOMINGTON, AND ST. LOUIS PARK REGARDING THE REQUESTED TRANSFER OF OWNERSHIP FROM NORTEL CABLE TO PARAGON CABLE-MINNESOTA (KBLCOM INCORPORATED): Mr. Flora, Public Works Director, stated that Paragon Cable is proposing to purchase Nortel Cable which services the cities of Fridley, Bloomington and St. Louis Park. He stated that the cities will enlist legal counsel and/or other professional services to assist in the overall review process. Mr. Flora stated it is requested that the Council approve this draft letter to Nortel Cable and the Joint and Cooperative Agreement between the other two cities for retention of a consultant to review the legal, technical, and financial qualifications of Paragon Cable. MOTION by Mayor Nee to approve the draft letter to Nortel Cable Television. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. MOTION by Mayor Nee to approve the Joint and Cooperative Agreement with the cities of Bloomington and St. Louis Park for the retention of a consultant. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 13. RESOLUTION NO. 31-1994 DECLARING APRIL 21 1994 AS CITY UNITY DAY- Mr. Burns, City Manager, stated that the League of Minnesota Cities is planning a walk to the State Capitol on April 21, 1994 to impress upon the state legislators the need for certain actions that are in the best interests of Minnesota cities. He stated that this resolution would add the Council's support for a state-wide legislative effort. MOTION by Councilman Billings to adopt Resolution No. 31-1994. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. FRIDLEY CITY COIINCIL MEETINQ OF APRIL 18, 1994 PAGE 20 14. INFORMAL STATUS REPORTS: RENTAL LICENSING ORDINANCE: Ms. Dacy, Community Development Director, stated that the next step for the rental licensing ordinance is for staff to draft a letter to every owner who receives a license to summarize some of the changes to the proposed ordinance. She stated that each owner will be mailed a copy of the proposed ordinance and be advised to review the ordinance and submit any comments in writing by June 1. Ms. Dacy stated th�t staff will then provide a report to the Council so that any changes. could be made. : Ms, Dacy.stated that staff wished to notify the owners of the existing . fee and the propos�eci fee. She stated that :if the fee schedule is adopted as proposed at the public hearing, the owners would have several months' advance notice to plan for the increase before their license renewal. Mayor Nee asked how the ordinance addresses the frequency of disturbances. Ms. Dacy stated that it has been clarified that if a hearing is conducted for a license revocation, this would pertain only to that unit and not the building in its entirety. She stated that there were also some other minor adjustments to this section of the ordinance. Mayor Nee stated that there seems to be an emotional problem with the responsibility of the landlords reporting the names of tenants. He asked if it was needed for other purposes other than dealing with the behavior issue. Ms. Dacy stated that this was mostly for the tenant behavior. Councilwoman Jorgenson asked if there was not a need to maintain an occupancy list for emergency purposes. Mr. Dacy stated that the owners are responsible for identifying themselves or an agent to contact for emergency purposes. Mayor Nee asked if an occupancy list was needed in order for the ordinance to be workable. Ms. Dacy stated that the only reason the roster would be required is if the Police Department needed it for investigation. She stated that she would be happy to check into this further and provide additional information. Mayor Nee stated that it seemed the residents were emotional on this issue, and it was not clear to him why the City would need that information except to determine what units caused problems. FRIDL$Y CITY COIINCIL MEETING OF APRIL 18, 1994 PAGE 21 15. CLAIMS• MOTION by Councilman Billings to authorize payment of Claim Nos. 54978 through 55252. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 16. LICENSES• MOTION by Councilman Billings to approve the licenses as submitted and as on file in the License �Clerk's Office. Seconded by Councilwoman Jorgenson. Upon a voice.vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 17. ESTIMATES• MOTION by Councilwoman Jorgenson to approve the estimates as submitted: 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 March, 1994 . . . . . . . . . . . . . . . $ 7, 637.71 Bonine Excavating, Inc. 12669 Meadowvale Road Elk River, MN 55330 64th Avenue Storm Sewer Project No. 260 Estimate No. 2 . . . . . . . . . . . . . . . $47, 514. 40 Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. ADJOURNMENT• MOTION by Councilwoman Jorgenson to adjourn the meeting. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of April 18, 1994 adjourned at 11:55 p.m. Respectfully submitted, Carole Haddad William J. Nee Secretary to the City Council Mayor � _ � Community Development Department PLANNING DIVISION City of Fridley DATE: April 28, 1994 To: William Burns, City Manager ��, � FROM: SUBJECT: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Variance Request, VAR #94-01, by Donald Egerer for The Uno-Ven Company, 5695 Hackmann Avenue N.E. The Appeals Commission reviewed the request to increase the maximum size of free-standing signs from 80 square feet to 227 square feet at its March 29, 1994, meeting. The variance request is necessary because Uno-Ven wants to replace one of the two existing free- standing signs with a 114 square foot sign. When added to the sign area of the round "76" emblem sign, the total free-standing sign area for the two signs exceeds the 80 square foot maximum. The Commission voted unanimously to recommend denial of the request to the City Council. The amount of square footage requested was calculated based on information submitted by the petitioner on March 22, 1994. Subsequent information submitted by the petitioner on March 29, 1994, indicated that the variance request should actually read "to increase the maximum size of a sign from 80 square feet to 227 square feet". The Appeals Commission minutes indicate 239 square feet. The reduction in the variance request is due to a miscalculation by the petitioner of the area of the existing 12 foot diameter round "76" pylon sign. Staff inet with the petitioner on April 11, 1994, to review the variance request and to propose alternatives. The petitioner has chosen not to pursue any of the alternatives which would reduce the amount of variance requested. As the four conditions outlined in Section 214.21 of the Sign Code have not been niet and as there is no stated hardship by the petitioner, staff recommends that the City Council deny the variance request. MM:ls M-94-203 REQUEST Permit Number Applican; Proposed Request , Location SITE DATA Size Density Present Zoning Present Land Use(s) Adjacent Zoning Adjacent Land Use(s) Utilities Park Dedication Watershed District ANALYSIS Financial I mplications Conformance to the ' Comprehensive Plan Compatibility with Adjacent Zoning and Uses Environmental � Consid�rations � RECOMMENDATION I Staff Appeals Commission Planning Commission Authar MM� ls S TAFF REP 4 RT Community Development Department Appeals Commission Date March 29, 1994 Planning Commission Date _ City Council Date April 18, 1994 Mav 2, 1994 VAR ��94-01 Donald Egerer for The Uno-Ven Company To increase the maximum square footage of a sign from 80 square feet to 2a7 square feet 5695 Hackmann Avenue N.E. 49,300 square feet approximately C-1, Local Business Retail R-1, Single Family, to the north & east; R-3, General Multiple Family Dwelling, to the south Residential Rice Creek Denial Denial a �, ;: / ,�:, 32 ,� r �;�. , w v, c,aa,v�HH j , ✓ � . � . 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I-- T��—I � -��o-///111 : � � .,, ., r ' rWOOD * COURT_ ' ;SU F I LL�T �i � ��_,,.._ �, �f N A(�1 Y �p r " .r'�, ,� .:y ' r; ..) � � � � SUBDIVISION ' � �: :�, � � • ": ' qU ' �U� MO.�< I �� 9 • ,; �� 4 r" SKYWO00 LANE 'TM-•. �I�� • : SKYWOOD LR f:� ' r.:._RG-•.,�i'r� U �:. ° D I IO/ .� :� � N0. 94 �: r �.4. � ;, � ��s,' -'g � � ,i ,, � � ° �,� LL , o� � ° � , �-�--f � ' �-_ �, . ,. . � . __ � � .� ,. — ---._ _ — — _ , ,.�._.r � _ ,. � ,�7 ,. -�.�, x _.� , �� • ...... -- - . ,o . �, a.. -r �� . . ` 'z . � — , � .. ^•_ ...x . �a { .�` _-i__�{'___"!�� — , �r- . � FY T _ __ _ ' ' —53R4T—AV£M11�----i S �� T_ _ -r-- ��c � �� �_� � � � (��l ,. . � , , u �. �34� LOCATlON MAP ��-��rstate R-1 ONE �F4MILY DWG�S R-2 TWO F<MILY DWG�S R-J GEN. MULT�P�E DWG'S R-< MOBILE HOME GARK P oUffllC FA�ILIilES C'1 tOCAL !tU51M1E55 C-1 f.F�Nf��.�l HUS�NFSi �-�i ';cncn.,, s��c�,riHc C-W � r:t HI ��.,� O� �.. � C� VAR �i94-01 Donald Eeerer LIGHT INOUSTNIA4 . MEAVYIHDUSTflIAL �LqNNEO UNIT OEV. MYOE PARK NEIGHBORHO00 REOEVEIOAMEH� DISTRICI l:(:EEK 8 qIVER VRESERVaTIpN cmncni nne.� Z�■_�NG ii�AP Staff Report VAR #94-01, 5695 Haclanann Avenue, The Uno-Ven Company Page 1 A. STATED HARDSHIP: None stated. B: ADMINISTRATIVE STAFF REVIEW: Request The petitioner requests that a variance be granted to increase the maximum square footage of a free-standing sign from 80 square feet to 227 square feet. The petitioner proposes to install a 114 square foot gas price sign to replace the existing 50 square foot free-standing sign. When added to the other existing sign. on the property, the total free-standing sign area is 227 square feet. The request is for 5695 Hackmann Avenue N.E. Site Located on the property is a single story, masonry building used as a convenience store, gas pumps, and canopy. The property is located at the corner of Hackmann Avenue and. Hillwind Road. The property is zoned C-1, Local Business. There is R-1, Single Family Dwelling, zoning to the north and east, and R-3, General Multiple Dwelling, zoning to the south. Analysis Section 214.11.o2.B Fridley Sign Code.requires a maximum size of 80 sq. ft. in area per development for free-standing signs. Public purpose served by this requirement is to control visual pollution by eliminating large and excessive signage. The petitioner is replacing the existing signage on the site. Currently located on the property are: l. One 12 foot wide "76" high-rise sign of 113 square feet 2. Two 3 ft. x 30 ft. seif-serve signs located on the gas canopy 3. One 5 ft. x 10 ft. free-standing price sign 4. One 4 ft. x 5 ft. readerboard located on the building � Staff Report VAR #94-01, Page 2 5. 5695 Hackmann Avenue, The Uno-Ven Company 30 in. x 25 ft. signs spanning the posts of the gas. canopy The total amount of existing free-standing signage is 163 square feet (#1 and #3). The petitioner is proposing to remove the existing canopy signs and replace them with three, 3-foot round "76" emblem signs (#2). The variance request is proposed because the petitioner wants to install a 114 square foot free-standing gas price sign (replacing #3). This sign is proposed to be 27 feet tall. It will have to be reduced to 25 feet as required by the ordinance. The existing 12 foot round high-rise sign would remain (#1). A variance was denied in 1983 to increase the 50 square foot price sign by 18 feet by adding a readerboard (Council minutes attached). Prior to granting a variance from the provisions of the Sign Code, four conditions must be met. These four conditions are outlined in Section 214.21.02 of the Sign Code and are as follows: A. That there are exceptional or extraordinary circumstances applicable to the property or to the intended use that do not apply generally to other property in the same vicinity and district. The subject parcel is a commercial property located on a corner lot. The subject parcel has good visibility from the public right-of-way and does not have any unusual characteristics when compared to other gas station sites in the area. Currently on the property are two free-standing signs. The 12 foot round "76" sign is 113 square feet in size and approximately 55 feet tall. This sign, while only displaying the company logo, is clearly recognizable by the public as that of a gas company. The second sign is the 50 square foot price sign. B. That the variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and district, but which is denied the property in question. 1E Staff Report VAR #94-01, 5695 Haclanann Avenue, The Uno-Ven Company Page 3 The subject parcel currently has 163 square feet of free- standing signage which is 83 square feet in excess of the maximum amount. Denying the variance would not deprive the owner of a"substantial property right". There are several options the petitioner could pursue. The petitioner has the alternative of increasing the wall signage on the property to provide the information necessary to the general public. The petitioner could also eliminate some of the signage on the proposed pylon sign. Eighteen square feet of readerboard could be removed from the pylon sign, thereby reducing the amount of variance to 209 square feet. A readerboard exists on the building; therefore, the readerboard on the pylon sign would be redundant. Another option is to remove the "76" sign and retain one 80 square foot free-standing sign as is typical for gas stations. (Total Mart on Highway 65 is a comparable site.) Denial of the variance does not deny the petitioner an opportunity to have signage on the property. C. That the strict application of the Chapter would constitute an unnecessary hardship. Strict application of the Chapter would not constitute an unnecessary hardship. The petitioner may continue to use the existing 163 square feet of signage or 80 square feet as permitted by code if both pylon signs were to be removed. D. That the granting of the variance would not be materially detrimental to the public health, safety, or general welfare, or detrimental to the property in the vicinity or district in which the property is located. Granting the variance would increase the amount of free- standing signage by approximately 64 square feet. The purpose of the Sign Code is to attempt to limit the amount of visual clutter and pollution caused by excessive signage. Granting the variance would, therefore, be contrary to the spirit and intent of the code. Recommendation Staff finds that the four conditions outlined above for granting a variance have not been met. Therefore, staff recommends that the Appeals Commission recommend denial of the variance request to the City Council. 1F Staff Report VAR #94-01, 5695 Hackmann Avenue, The Uno-Ven Company Page 4 If the Commission chooses to grant the variance, the following. conditions should apply: l. The variance shall remain in effect until: a. The sign is altered in any way except for routine maintenance and changing messaqes which makes the sign less in compliance with the requirements of the Chapter than it was before the alterations. b. The supporting structure of the sign is replaced or remodeled. c. The face of the sign is replaced or remodeled. d. The sign becomes dilapidated or damaged and the cost of bringing it into compliance is more than 500 of the value of said sign, at which time all the sign and its structure be removed. e. Notwithstanding subparagraph a above, upon change of the name of the business being displayed on the sign. 2. The proposed pylon sign of 113 square feet shall be reduced to a maximum height of 25 feet. Appeals Commission Action The Appeals Commission voted unanimously to recommend denial of the request to the City Council. Please note that the Appeals Commission minutes will reflect the sign variance to 239 square feet. The petitioner clarified the area of the existing "76" sign and determined that the variance is to 227 square feet of total free-standing signage. Staff inet with the petitioner on Monday, April 11, 1994, to outline the various options the petitioner could pursue. The petitioner chose not to change the request. City Council Recommendation Staff recommends that the City Council concur with the Appeals Commission action. 1G v ,�a . �,° ��a ��� s � VAR ��94-01 Donald Egerer Hackman Avenue r- AREA OF T /�REMOVE EXIST. p 111.04' � ��IGN & FDN. CON7RACTOR 70 ' ' b'ERIFY EXISTING � ' , / `";' ,, ' SIGN LOCATION � .. ��g- � `- � �` 'XI$TI � �oe� 'PY Otv'::IGN � ;, :',� � 5� S(�. _ ,�,' ';:'~ // • . �`. , bposed 114 ' � �� lon sia /" �,�' I,CONCRETF^FILLEO/ �NSTALL NEW '�76� �� J � p�pE g pERS 48" DIA SIGN RFMOVE -� � 2'-8��x33' ,./��I EW DISPEh5ER5 _ _ � EXT l�SI0N5 �" W� CRIND -- �--�-. � (TYP 4 PlACES) �I . "� EXISTING 7 .� `� FUELING ISLANDS ..:'L • � . ' . �. �?' 49 (TYP.� �ano �,� �, pY1 ' , : � DASHEO LINE IS � � LINE OF EXISTING >� Q� CANOPY ABOVE '� �,�_- ._. ��+�.�� ...r� 2-EXI TING �` '�" ��+ kl�t�a��'�3' UNDERGROUND • 7ANK . FILL PIPE ;� � , (.O �'; ,� �;��.� \_ ` ., ... .:� .. 7;.p�_.:. ��'; �:. .;�... :. , ��:.: �.:.. . .�: , °`•�i` . ...._ :_: .:� ..... ��; �. . � :.::� .i. ,:. -:e. _:.. :.:. ��O�"T�1.1� �' , I.D�t S�� � 113 sq. ft. •IN57ALl NEW 33'-6 x 52' : .063 ALUM FA .. BLUE-WHITE-c �bECA'.JA'bdl.'V � INSTALL NEW BUIIOWG fA5C1A. 10't x 16't x 24�H .063 ALUM FASCIA WITH "BtUE-WH17E-ORANGE-�'✓HITE" /. , GRA?HICS PAINT EXTERIOR OF BLG. � - GRAY PMS-407 ---- _.— ^ .— —�_ _, -x— —r— --x T .— —'-- - ,--,--.--- exisT. � I WOODEN / FENCE-� N - '� � SITE PLAN VAR ��94-01 Donald Egerer � � _6'-0" (COOE 6PYS) w w ( 8�-0� (CODE &PYS) � � � I O ��� �4 'v � � � � v �� 44 �� �� r�- ,� r� , A .�.�,� 4 BC �I� CODE 6-PYS CODE 8-PYS 76 D.F. Illum. Twin Pole Pylon Sign This twin pole double faced illuminated sign is avail- able in two sizes, 6' wide 27'3" high, and 8' wide 34"6" high. The custom panel may be used for self serve mart, ca� wash, or any special copy to fit local need. Product, serve panels, letters, and number fonts wiih changer arm are included. Alternate illuminated 1' x 6' credit cards sign may be ordered. Faces are hinged on one side only. Atl zip change copy 11 CUSTOM PANEL I °` FuII . . — ALTERNATE CREDIT CAROS SIGN � �� 76 D.F. Iilum. Twin Pole Pylon Sign Code Size Description 6-PYS 6" x 27'3" Complete Sign 6676-PYS 6" x 6" 76 Logo 4872-PYS 4' x 6' Custom Panel 6072-PYS 5' x 6' 4-Products Price Sign 63-PYS 3' x 6" 3-Line Reader Board 8-PYS 8" x 34"6" Complete Sign 9696-PYS 8' x 8" 76 Logo 7296-PYS 6" x 8" Custom Panel 8496-PYS 7' x 8' 4-Product Price Sign 4896-PYS 4' x 8' 3-Line Reader Board 61-PY5 1' x 6' Alternate credit cards sign, Am. Express, Visa, MasterCard and Discover cards provided � VAR ��94-01 Donald Egerer If rv e e e Cade 330S/S 76 Self Serve Code 319S/S uNOCa�76 Code 216 76 Self Serve Code 214S/S Code 216S/S Signs for Retail Facilities facilities can be distinctly identified by a specially constructed canopy over the island and control kiosk. Special signs are provided as a part of the design motif. These signs are mounted on two sides of the canopy and kiosk, facing traffic in each direction. Conversions use the same ID pole signs and other signs appropriate from the Self Serve sign list. How- ever, instead of canopy and kiosk signs, Code 214S/S is used on the building over the closed front bay doors. Existing Code 216 Unocal logotype signs remain on the building. Sign specifications are contained in the Sign Draw- ing Section of this manual. If additional information is needed, contact your Divi- sion Engineer. Code Size 330S/S 29'6" x 3' 207-N 8' x 16" 319S/S 18' 10" x 3' 214S/S 12' x 2' 216S/S 16' x 2' 216 16" x 2' UNOCAL�� Code 207-N DescriptionJApplication Illuminated Self Serve, single-faced sign for canopy Non-illuminated logotype sign for kiosk Illuminated Self Serve, single-faced sign for canopy end use. Mounted over closed bay doors (Illuminated) Self Serve (Illuminated) Remains on building (Illuminated) R& M Division Sign & ldentification Manual 1 J February, 1988 IDS-11 VAR ��94-01 Donald Egercr � �S v3�u rr� �`���'�- ?�9� Iq�� The UNO-VEN Company ��b:r Products ,E�.. PROPOSED SiGNAGE CHANGES 5695 Hackmann Ave. N.E. Fridley, MN 55432 =" 747 Shepard Road St. Paul, MN 55102 Telephone: (612) 224-2024 We propose to eliminate 355 square feet of existing signage and install 128 square feet of new signage, effectively reducing total signage by 227 square feet. EXISTtNG SIGNS 1- 12' Diameter Pylon Sign 1- 5'X10' Pylon Price Sign 1 - 4'XS' Reader Board (Bldg.) 2 - 3'X30' Canopy Signs 2 - 30"X25' Island Spanners TOTAL SIGNS TO BE ELIMINATED 1- 5'X10' Pylon Price Sign 2 - 3'X30' Canopy Signs 2 - 30"X25' Island Spanners TOTAL PROPOSED SIGNS 1- 6'X19' Twin Pole Pylon 2 - 36" Diameter "76" I.D. TOTAL NET REDUCTION RESULTING TOTA1. SIGNAGE 1L �'3' sq. ft. SQ sq. ft. 20 sq. ft. 180 sq. ft. 125 sq. ft. 488 sq. ft. 54 sq. ft. 180 sq. ft. 125 sq. ft. 355 sq. ft. 114 sq. ft. 14 sq. ft. 128 sq. ft. 227 sq. ft. 261 sq. ft. � � '�' r�a��. ,.x� ���� , ., g��.�i.� i... ���:����.• President DLE Inc, 5921 FremontAvenue South, Minneapolis, Minnesota 55419 612-866-8210 612-869-1670 February 22, 1994 City af Fridley 6431 University Ave. N.E. Fridley, Minnesota Subject: The UNO-VEN Property 5695 Hackman Ave. N.E. The prqperty owner wishes to up grade their facility to meet their carporate image. The items invalved are the canopy end the signing as �ollows: Canapy: Remove the 3 shingie mansard fasc.ia on all 4 eievatians of the canopy and the z-3' X 30" 76 Self Serve signs on the North and South Pascia elevations. Tnstall vertical c�nopy fascia with their carporate colors - Blue/White/Orange/White. Instell 2- 3' round 76 emblem signs an the North and West elevations �f the canopy fascia. Signing: Flemove the existing 4' X 8' 3 product price sign and the z- 3' X 30' 76 Sel� Serve from the canopy. Install 1- Code 6PYS sign in place of the existing price sign. Drawing of Code 6PYS sign attached. �f= Existing Signs: ��= 1- 12' 76 Hi-Rise sign: 126 Sq. Ft. ';= 2- 3' X 30' 76 self ServP signs on canopy: 180 Sq. Ft. �,= 1- 4' X 8' Price Sign 32 Sq. Ft. 1- 4' X S' reader Board on building: 20 Sq. Ft. Total Existing:358 Sq. Ft. �= To be removed. Praposed Signs: ,= 1 - cade 6PYS sign: �= 3-- 3r Round 76 emblem signs: �s��.:�+:� 1- 4' X 5' Reader Board: t:v,�>>�.�`=� 1 -12' Rau�d Hi-Rise sign: .� New signs. Construcuon • Remodeling • Maintenance • Equipment Specializing in Commercial & Petroleum-Related Projects ♦� 1 113 Sq. Ft. 24 Sq. Ft. 20 Sq. Ft. 126 Sq. Ft. Total Proposed:283 Sq. Ft. ��.1�. . ,��._� ��. � 1)��_ � ' : •�N !� ' 4 �.�� )�� : � : «.. C � `_� �1.; ' �y�: `.� � �� u. , : ►I�. � �. �4 y, •'1 � « � Mr. Flora, Public Works Director, stated the petitioner owns four lots totaling 160 feet of lot area and the request is to split off Lot 12 and the westerly 30 feet of Lot 13 so that Lots 12 and 13 will become a 70 foot lot. He stated the new lot created by the lot split does meet all the requirements of the oode, and the Planning Carmission has recomnended approval of the lot split. Mr. Flora stated no park fee has been paid at this time. MOTION by Council.man Fitzpatrick to concur with the recom¢nendation of the Planning Conmission and grant lot split request, L. S. #83-02. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. M4?u ��L�y Q''_�_ ��y� �\ 1! �t�4�?. • 4e •: !_ � _� �.�1 : ?� ��-7� �� � M: _ i y.i ,� _ �,�11� � .: : �� �� _ � c! • : �i� - - � : �I� ,. �, :'. � � � i «��M i,�\ � ���� � +� �\ �A � �� 1l�� i \' Mr. Flora, Public Works Director, stated this request is to increase the - maxuntan square footage of a free standi.ng sign by adding a 3 x 6 foot section to the bottam of an existing 50 square foot sign. Mr. Flora stated there are two existing free standing pylon signs on this Union Oil Canrpany property. One sign was erected in 1970 and is a 12 foot diameter circle that is 113 square feet in area and the second sign was erected in 1977 and is a 50 square foot gas price sign. Mr. Flora stated the existing signs were erected under the old ordinance and with gas pricing com�petition today, the petitioners stated they mist have a way of advertising their products effectively. Mr. Flora stated the Ap�eals Catmission felt the hardship was self-imposed, as they have changed the use of the 50 square foot sign, and, therefore, reconmended denial of the variance. MOTION by Councilman Schneider to concur with the �manimous reco�nnendation of the Appeals Canmision and deny this variance request by Union Oil Company. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion cazried unanimously. !��_��. :.a� ��-� �� ��«�_s y�!- -�t1 �: i�_ ���! � • � �+��± 7� � �!� �. �1� �_ • 1� �I�: M� � l��t _ �! .y _ • �e �. �. �+� � Mr. Flora, Public Works Director, stated this property is located on the northeast corner of Mississippi Street and Highway 47 (University Avenue). He stated the request is to increase the maximum square footage of a free standing sign fram the 80 square feet permitted by the code to 150 square fe�t. Mr. Flora stated there is an existing 5 x 15 foot pylon sign at this intersection which is used by 10,000 Auto Parts, however, Tile Factory�0utlet felt additional signage was needed due to poor visibility of the store itself. 1N CITY OF FRIDLEY APPEALB COMMISSION MEETING, MARCH 29, 1994 ____________________________________________________________�____ CALL TO ORDER: Chairperson Savage called the March 29, 1994, Appeals Commission meeting to order at 7:30 p.m. � ROLL CALL• Members Present: Diane Savage, Kenneth Vos, Cathy Smith, Carol Beaulieu . Members Absent: Larry Kuechle Others Present: Michele McPherson, Planning Assistant John Dobrient, The Uno-Ven Company Robert Gilstead, 930 Hackmann Avenue N.E. APPROVAL OF JANUARY 11 1994 APPEALS COMMISSION MINUTES; MOTION by Ms. Beaulieu, seconded by Ms. Smith, to approve the January 11, 1994, Appeals Commission minutes as written. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED IINANIMOIISLY. CONSIDERATION OF VARIANCE REOUEST VAR #94-01 BY THE UNO VEN COMPANY (5695 HACKMANN AVENUE N E)• Per Section 214.11.02.B of the Fridley Sign Code, to increase the maximum square footage of a free-standing sign from 80 square feet to 239 square feet to allow the installation of a new sign, on: Parcel A: That part of Lot 1 except the north 10 feet thereof, Auditor's Subdivision No. 25, Anoka County, Minnesota, described as follows: Beginning at a point which is the intersection of the south line of Hackmann Avenue as platted and the easterly line of Central Avenue N.E.; thence easterly along said south line of Hackmann Avenue, 101.39 feet to a point of intersection with a line parallel with and distant 130 feet west as measured along the north line of said Lot l, of a line described as follows: Beginning at a point on the north line of said Auditor's Subdivision No. 25 distant 492.5 feet east of the northwest 10 APPEALS COMMISSION MEETING. MARCH 29, 1994 PAGB 2 corner thereof; thence south, a distance of 308.2 feet point on a line parallel with and 160 feet north of the southerly line of said Lot l, which point is 437.44 distant east from the center line of Central Avenue N.E., there terminating; to a most feet and Thence south, along said parallel line 285.11 feet to a point on a line parallel with and 160 feet north of the most southerly line of said Lot 1, which point is 249.62 feet east from the easterly right-of-way line of U.S. Trunk Highway No. 65; thence west parallel with the most southerly line of said Lot 1, a distance of 249.62 feet to the easterly right-of-way line of U.S. Trunk Highway No. 65; thence northerly along said easterly right-of-way to its intersection with the easterly line of Central Avenue N.E.; thence continue in a northerly direction along said easterly line to the point of beginning. Parcel B: The westerly 10 feet of the easterly 130 feet of that part of Lot 1, Auditor's Subdivision No. 25; lying south of the south line of Hacl❑nann Avenue as shown by the recorded plat of Parkview Manor 2nd Addition on file and of record in the Office of the Register of Deeds in and for Anoka County, Minnesota, which part is described as follows, to-wit: Beginning at a point on the north line of said Auditor's Subdivision No. 25, distant 221.7 feet east of the northwest corner thereof, which point is also on the center line of Central Avenue; thence east on said north line a distance of 270.8 feet; thence south a distance of 308.2 feet to a point on a line parallel with and 160 feet north of the most southerly line of said Lot l, which point is 437.44 fee� distant east from the centerline of Central Avenue; thence west along a line parallel with and 160 feet north of the most southerly line of said Lot 1, 437.44 feet to the centerline of Central Avenue; thence northeasterly along said centerline to the point of beginning. Excepting the northerly 10 feet thereof. Torrens property: Parcel A- Certificate No. 42717 and Parcel B - Certificate No. 42293. Subject to the following permitted encumbrances: l. 2. 3. Lien for general taxes and special assessments, not yet due and payable Reserve of sewer easement created by Torrens Document Number 32366 Highway easement in favor of the State of Minnesota together with the right to erect certain temporary snow 1P APPEALS COMMISSION ME$TING MARCH 29 1994 PAGE 3 fences as evidenced in document dated June 2, 1933, and filed June 27, 1933, as Torrens Document NuYnber 774 and document Dated June 13, 1960, and filed September 23, 1960, as Torrens Document Number 33798. Interest assigned by State to City of Fridley by document dated December 16, 1981, and filed December 28, 1981, as Torrens Document Number 119460. 4. Permanent utility and street easement granted by Union Oil Company of California to City of Fridley by document dated June 3, 1987, and filed June 24, 1987, as Torrens Document Number 164663. 5. Matters which would be disclosed by an accurate survey. MOTION by Ms. Smith, seconded by Ms. Beaulieu, 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 AND THE PIIBLIC HEARING OPEN AT 7:32 P.M. Ms. McPherson stated the property is located at the intersection of Hackmann Avenue, Central Avenue, and Hillwind Road. Located on the property are a single story masonry building which is used as a convenience store, gas pumps, and a canopy. The property is zoned C-1, Local Business. The property to the east is zoned R-1, Single Family Dwelling. The property to the south is zoned R-3, General Multiple Dweiling. Ms. McPherson stated the petitioner is proposing to redo a number of the signs on the property to upgrade the image of the signage. There are several types of signs, both wall signs and free-standing signs, on the property. The signs currently located on the property are: l. One 12 foot�wide, 50 foot high, "76" high rise sign of 113 square feet, located in the southwest corner of the property. 2. One 50 square foot price sign located at the corner of the property 3. Two 3 ft. x 30 ft. self-serve signs located on the gas canopy 4. One 4 ft. x 5 ft. readerboard located on the building 5. 30 in. x 25 ft. signs spanning the posts of the gas canopy Ms. McPherson stated the total square footage of the free-standing signs is 163. 1 Q APPEALS COMMISSION MEETING MARCH 29 1994 PAGE 4 Ms. M�Pherson stated the petitioner is proposing to replace the existing 50 square foot free-standing sign with a sign.that would be 113 square feet and would be a double pylon sign with the "76" emblem, Self-Serve Mart, gas pricing, and a readerboard at the bottom. This particular sign is proposed at a height of 27 feet. If a variance is granted, the sign will need to be reduced to 25 feet as that is the maximum height of a free-standing sign in all zoning districts. Ms. McPherson stated that in 1983, the City denied a variance to increase the current 50 foot free-standing sign by 18 feet in order to add a readerboard. Ms. McPherson stated that prior to granting a variance from the provisions of the Sign Code, there are four conditions which must be met by the petitioner. These four conditions are outlined in Section 214.21.02 of the Sign Code: A. That there are exceptional or extraordinary circumstances applicable to the property or to the intended use that do not apply generally to other property in the same vicinity and district. The property is a commercial property located on a corner lot. The property has good visibility from the public rights-of- way and does not have any unusual characteristics when compared to other gas stations (the Total Mart station at 53rd Avenue and Central Avenue is a comparable site). Currently on the property are two free-standing signs, the 12 foot round "76" sign which is 113 square feet in size and approximately 55 feet tall. This sign, while only displaying the company logo, is clearly recognizable by the public as that of a gas company logo. The second sign is the 50 square foot price sign. B. That the variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and district, but which is denied the property in question. The property currently has 163 square feet of free-standing signage. While the petitioner is attempting to reduce the overall signage on the property by reducing the amount of wall signage, the petitioner is actually increasing the amount of free-standing signage. The petitioner has the alternative of. increasing the wall signage on the property, thereby increasing the amount of information necessary for the general public. The petitioner could also eliminate some of the signage on the proposed free-standing sign. For instance, the readerboard located on the free-standing sign could be 1R APPEAL3 COMMISSION MEETING MARC$ 2g 1gg4 PAGE 5 eliminated as there is a readerboard on the building. This would reduce the overall variance down to 221 square feet. Another option is to remove the existing "76" free-standing sign and install an 80 square foot free-standing. Denial of the variance does not deny the petitioner an opportunity to have signage on the property. C. That the strict application of the Chapter would constitute an unnecessary hardship. Strict application of the Chapter would not constitute an unnecessary hardship. The petitioner may continue to use the existing 163 square feet of signage or 80 square feet as permitted by code if both pylon signs were removed and one sign of 80 square feet was installed. D. That the granting of the variance would not be materially detrimental to'the public health, safety, or general welfare, or detrimental to the property in the vicinity or district in which the property is located. Granting the variance would increase the amount of free- standing signage by approximately 76 square feet. The purpose of the Sign Code is to attempt to limit the amount of visual clutter and pollution caused by excessive signage. Granting the variance would, therefore, be contrary to the spirit and intent of the code. Ms. McPherson stated that staff has found that the petitioner has not met the four conditions outlined for granting a variance and recommends that the Appeals Commission recommend denial of the variance request to the City Council. If the Commission chooses to grant the variance, the following conditions should apply: 1. The variance shall remain in effect until: a. The sign is altered in any way except for routine maintenance and changing messages which makes the sign less in compliance with the requirements of the Chapter than it was before the alterations. b. The supporting structure of the sign is replaced or remodeled. c. The face of the sign is replaced or remodeled. d. The sign becomes dilapidated or damaged and the cost of bringing it into compliance is more than 50% of the value of said sign, at which time all the sign and its structure be removed. �� APPEALS COMMISSION MEETING MARCH 29 1994 PAGE 6 e. Notwithstanding subparagraph a above, upon change of the name of the business being displayed on the sign. 2. The proposed pylon sign of 113 square feet shall be reduced to a maximum height of 25 feet. Ms. Savage asked if the existing "76" free-standing sign was installed before the current Sign Code. Ms. McPherson stated that is correct. The original six foot diameter "Pure Oil" circle sign was installed in 1959. In 1970, the six foot diameter circle sign was changed from "Pure Oil" to "76". Later in 1970, that was increased to a 12 foot diameter circle. A permit was issued for the additional 50 foot free- standing sign in 1977 just prior to the City adopting the current Sign Code. Mr. John Dobrient, The Uno-Ven Company, stated they have no hardship as far as identification. They are looking at the overall image of the signs at this location and are trying to reduce the visual clutter. He submitted information which indicated the existing signs, signs to be eliminated, proposed signs, net reduction, and resulting total signage: EXISTING SIGNS 1- 12 ft. diameter pylon sign 1- 5 ft. x 10 ft. pylon price sign 1- 4 ft. x 5 ft. readerboard (on building) 2- 3 ft. x 360 ft. canopy signs 2- 30 in. x 25 ft. isiand spanners SIGNS TO BE ELIMINATED 1- 5 ft. x 10 ft. pylon price sign 2- 3 ft. x 30 ft. canopy signs 2- 30 in. x 25 ft. island spanners PROPOSED SIGNS 1- 6 ft. x 19 ft. twin pole pylon 2- 36 ft. diameter "76" I.D. NET REDUCTION RESULTING TOTAL SIGNAGE 1T 113 sq. ft. 50 sq. ft. 29 sq. ft. 180 sq. ft. 125 sq. ft. 488 sq. ft. 50 sq. ft. 180 sq. ft. 125 sct. ft. 355 sq. ft. 114 sq. ft. 14 sq. ft. 128 sq. ft. 227 sq. ft. 261 sq. ft. APPEAL3 COMMISSION MSETING MARCB 2g lgg4 PAGE 7 Mr. Dobrient stated that, in essence, they are going from 488 square feet of signage to 261 square feet if the new free-standing pylon sign is approved. They would be reducing a lot of the existing signage while improving the overall look of the location and reducing the visual clutter. Mr. Dobrient stated that if the readerboard is approved on the pylon sign, they would be willing to remove the readerboard on the building, so that would be reducing an additional 20 square feet of signage. Ms. Savage stated that if the variance is denied and the petitioner is required to have just one 80 square foot free-standing sign which is allowed by code, what would the petitioner do? Mr. Dobrient stated they would not remove the highway sign and would just leave the signage as is. Right now every 76 gas station looks different, and their goal is to have a unified look for all 76 stations. Mr. Dobrient stated they usually put up 8 foot wide signs, but the one proposed for Fridley is a smaller sign at 6 foot wide. This is their smallest standard sign, and a smailer pylon sign is not an option for them. Ms. Savage stated the Sign Code provides for 80 square feet, and other gas stations are reguired to stay at 80 square feet. If the Commission recommends approval of the petitioner's request, then they would have to allow other gas stations in Fridley to increase the square footage of their signage. Mr. Dobrient stated he understood that. However, in this case, they are actually reducing the overall signage. Dr. Vos stated that regarding just the free-standing signage, if the petitioner eliminated the readerboard from the free-standing sign, that would reduce the square footage to 96 square feet. Dr. Vos stated this is a difficult request in the sense that the petitioner is removing a lot of clutter on the property and reducing some signage. Where the difficulty comes in is that the ordinance talks about the limitation on free-standing signs, but is fairly liberal for wall signage.. Ms. Savage stated she thought the building looks good with the existing wall signage. What she does not think looks good are the free-standing signs. This gas station is very visible because of its unique location. Mr. Dobrient stated they believe the image of the property will be improved by removing the clutter, the canopy signs and the island spanners. They are really trying to get an improved look for the �U APPEALS COMMISSION MEETING. MARCH 29, 1994 PAGE 8 property and a unified look for the 76 stations. They believe the image of the property will be improved by reducing the clutter. Mr. Robert Gilstead, 930 Hackmann Avenue N.E. , stated that he Iives directly east of the station. He stated he believed the proposed free-standing sign will look nice. He stated that what he sees from his house are the canopy signs and island spanners, and he would be in favor of removing those signs. Ms. McPherson stated that since the signs are modular in design, another option to further reduce the size of the pylon sign is to remove the 4 ft. by 6 ft. "Self Serve Mart" panel sign. Then, the rest of the sign could slide up, further reducing the size of the pylon sign by another 26 square feet. The "Self Serve Mart" could be placed on the canopy. Since this is largely a neighborhood- oriented business, most of the people in the neighborhood are well aware of the services this business provides. Ms. McPherson stated that in reading the sign company's brochure, it states that: "Local ordinances do supercede all 76 sign requirements." So, there appears to be some flexibility within the company to reduce the size of the sign. Mr. Dobrient stated the panel is a custom-made panel, and anything can be put in that panel. The "Self Serve Mart" is just an example. He agreed that they could choose not to put that panel in. Dr. Vos stated that if the "Self Serve Mart" panel was removed and the readerboard was removed, that would leave the "76" logo and the gas prices totalling 72 square feet. Ms. McPherson stated that with the option just presented, that would change the variance from 80 square feet to 185 square feet. That would include the 72 square foot sign as proposed by Dr. Vos and the 113 square foot free-standing sign, which is a 22 square foot increase over what is currently on the site. MOTION by Dr. Vos, seconded by Ms. Beaulieu, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:05 P.M. Ms. Savage stated she did not see how the Commission can recommend approval of this variance when the four conditions outlined �n the Sign Code are not being met. This is not a situation where there is a competing gas station. ,7ust by its unique location, the property is very visible. She stated she would recommend denial of the variance. She would hope that the petitioner could work with staff to redesign the signage to fit within the requirements of the Sign Code. �V APPEAL3 COMMISSION MEETING, MARCH 29, 1994 PAGE 9 Ms. Smith stated she agreed. She appreciated the fact that the petitioner is trying to clean up the signage and improve the property. However, she found it difficult to approve a sign variance request which is three times what the Sign Code allows. There is no hardship, and if the Commission recommends approval of this variance, it makes it very difficult to deny variances for larger signs for other gas stations in the same situation. Ms. Beaulieu stated she agreed. �In 1983, the City denied a variance to increase the signage. If anything, the ideals of smaller signs have gotten stronger since that time. The petitioner agreed that there is no hardship. If the Council wants to change the Sign Code to consider overall signage (wall signage and free- standing signage), then the Commission can consider that. However�, the variance request from 80 square feet to 239 square feet is too excessive, and she would vote to recommend denial. Dr. Vos stated he would have to recommend denial of the request as it has been presented. Personally, he would like to see the free- standing price sign replaced with a nicer looking sign, but that is aesthetics, not necessarily part of the variance request. He did believe there is some possibility of getting the proposed free- standing sign reduced to a more manageable size and getting rid of some of the clutter. MOTION by Ms. Smith, seconded by Ms. Beaulieu, to recommend to City Council denial of variance request, VAR #94-01, by The Uno-Ven Company, per Section 214.11.02.B of the Fridley Sign Code, to increase the maximum square footage of a free-standing sign from 80 square feet to 239 square feet to allow the installation of a new sign, at 5695 Hackmann Avenue N.E. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOIISLY. Ms. McPherson stated the City Council will review this request and make a final decision on April 18, 1994. ADJOURNMENT• MOTION by Ms. Smith, seconded Upon a voice vote, all voting motion carried and the March adjourned at 7:20 p.m. Respectfully s bmitted, G�c,e Lyn Saba Recording Secretary by Dr. Vos, to adjourn the meeting. aye, Chairperson Savage declared the 29, 1994, Appeals Commission meeting 1W 2 MEMO TO: FROM: DATE: INTEROFFICE MEMORANDUM WILLIAM W. BURNS, CITY MANAGER � �� CHUCK MCKUSICK, CHIEF L'� April 28, 1994 SUBJECT: CITY ORDINANCE CHAPTER 107 Fire Department staff recommends revisio� of Chapter �07 "FIRE DEPARTMENT", in order to update the organization description of the department. Specific revisions per section are: 107.01 107.02 107.03 107.04 CREATION: The specific services now offered by the Department are iden#i�ed. PERSONNEL: The current employment classification of department membership is used. ADMINISTRATION: The current position responsibilities for Fire Chiefi are listed. DEPARTMENT OFFICERS: The authority of the Deputy Fire Chief is defined and the role of Fire Marshall is specified. Sections in the current ordinance deleted from the revision are: 107.04 TRAINING: Requirement to appoint an Assistant Chief as training officer. � 107.08 FORFEITURE OF MEMBERSHIP: All standards for continued employment, including training requirements, are covered by the City's Affirmative Action Guidelines and the fire department's "Policies and Procedures Manual". i 07.09 107.09 �07.11 RELIEF ASSOCIATION: Membership in the pension program is controlled by Minnesota Statutes and the Relief Association's by-laws. PUBLIC OFFICE: Holding public office is a subject better dealt with in another Chapter. PROHIBITION: The intentional giving of a false alarm, interfering with the fire department, or refusing a reasonable order of the Fire Chief, are covered by Minnesota Statutes. 3 AN ORDINANCE FRIDLEY CITY A NEW CHAPTEF ORDINANCE REPEALING CHAPTER 107 OF THE CODE IN ITS ENTIRETY AND ADOPTING ; 107 ENTITLED ��FIRE DEPARTMENT�� THE CITY COUNCIL OF THE CITY OF FRIDLEY DOES ORDAIN AS FOLLOWS: Chapter 107 of the Fridley City Code is repealed in its entirety and replaced by a new Chapter 107. FIRE DEPARTMENT which reads as follows: 107.01. CREATION The City hereby establishes a fire department for the purpose of providing to the community fire suppression, rescue, emergency medical, and hazardous materials response emergency services. In addition, the fire department shall provide arson investigation, public education, inspection, and administrative support services. 107.02 PERSQNNEL The fire department's personnel shall consist of fu11 time and part time permanent ("Paid on Call") employees, whose duties, training and competencies shall.be established by the Fire Chief in accordance with applicable laws,_ regulations, and City requirements. The fire department is authorized to maintain a staffing level of not more than 40 personnel, and is required to maintain a staffing level of not less than 25 personnel. 107.03 ADMINISTRATION The fire department shall be organized and directed by a Fire Chief appointed by the City Manager and confirmed by the City Council. The Fire Chief is responsible for all services provided by the department, as well as personnel training, recordkeeping, equipment, facilities, administering contracts to which the department is a party, and representation of the fire department in professional, civic and governmental organizations. The Fire Chief is authorized to delegate administrative and operations responsibilities to other personnel within the department, consistent with efficient operations and effective use of the department's resources. 107.04 DEPARTMENT OFFICERS There shall be a Deputy Fire Chief who shall assume the responsibilities and authority of the Fire Chief during the Fire Chief's absence. The Deputy Chief is also the City's designated 3A Fire Marshall who is responsible for enforcing the City's fire prevention ordinances, investigating the cause and origin of fires, and administering the department's inspection programs. The department is authorized to have additional officers as deemed necessary for the effective and efficient administration of the department's services. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1994. ATTEST: WILLIAM A. CHAMPA - CITY CLERK 1st Reading: 2nd Reading: Publication: ordinance.107 � WILLIAM J. NEE - MAYOR �.�f'lQ�"1 Cc� �4C�G �CGj S<°G7�OrlS �a r/� 6 /'ecf cl r a ��a / � y 5 107. FIRE DEPAR�3QT (Ref. 31, 695) 107.01. Qt�'�TI�i There is established in the City of Fridley a Fire Department o�nsisting of paid and volunteer members. The officezs of th DeFartn�ent may consist of, but are not limited ta, a Chief, Dep y Chief, one (1) or more Assistant Chiefs and three (3) or re Capta.ins. 2Yiere shall be not less than twenty-f ive (25) an not more than forty {40) firefighters. 107.02. F�tE a.i�F T�e Q1ief shall have control over all of the fire figh ' g apFaratus and shall be ultimately responsible for its care d condition; shall assume command and responsibility for a f' e when on the scene; shall supervise investigation and dete ination of fire cause; shall supervise the training and di cipline of Fire De�xirtrnPnt personnel; and shall enforce f ire evention laws and safety regulations. 107.03. FII2E PR��1 The Fire Departsnent shall provide f: accordance with Q�apter 108. � 107.04. ZItAIlJII� prevention services in �e Qiief shall app�oint an Assi t Qzief as Training Officer who shall guide and work with the ptains in the instruction of the firef ighters in improved ethods of f iref ighting and f ire prevention. Ij { ; a�r;/�. �e Qzief shail keep ' canvenient form a completed record of all fires. S�ch record hall include the time af the alatm, location of the fire, cause af e fire, if lcnown, type of building, name of owner and te�ant purpose for which occupied, value of building and contents, s of the department responding to the alarm, and such other ' rmation as the �ief may c3eesn advisable or as may be required fr m time to time by the Council or State Insurance 1�1.06. � . (�tFATDOiN � FIRE t�3IF.F' 107.06 D�tfl'Y CE�F' In e a�ence or disability of the Chief , the Deputy Chief shall ne orm all the ftmctions and exercise all af the authority of the- � 3C �- a •� �• • � � ; ��� ;1�. s x- •• �- 1�'7-1 1 1 1 I:r 1' :r' r' � �' Zhe Deputy Qzief, Assistant �iefs, and Firef ighters shall be no less than eightepn (18) nor more than sixty-five (65) years of e, and able-bodied. Each candidate for probationary f iref ighter ust satisfy certain mini.m�n jab related requirenents of height, ight, education, and any otizez job-related qualifications pass a satisfactory physical examinatio�. 107.08. FORF'ETIURE OF I�"�FR�? Ail manbers of the Departrnent shall attend a' of twenty-f our (24) practice drills per year. Failure to o so may forfeit manbership in the Departrnent. 107.09. REGffi'' AS.SOCIAZt11 Zhe members and officers of the F' e Department shall organize thenselves into a Firef ighters Rel ' Association. (R�ef . 31) 107.10. P[�LIC OFF'ZCE Offioers of the Fire as City officials in Depart�ment of f iaes a 1�%.�. it who have been elected and qualified shall i�nediately resign their Fire �ors shall be selected. It shall be awful for any person to give or make, or cause to be given or e, an alana or f ire without probable cause, or to neglect o refuse to obey any reasonable order of the Chief, or af f icer charge at a f ire or to interf ere with the Fire Departrnent in th dischazge of its duties. Any violation of this section is a mis meanor and is subject to all penalties provided for such v' lations under the provisions of (i�apter 901 of this Code. e 3D 107.11 I �M��11�i .%�� �1. . ��. � . s- ia �• �• -�•i�• �a x �s • P[ID�LIC OFFICE i*;,�: �: �+M!�,.I '4 I07-2 CITY OF FRIDLBY PLANNING COMMISSION MEETING, APRIL 20, 1994 ____________________________________________________�________�___ CALL TO ORDER• Chairperson Newman called the April 20, 1994; Planning Commission meeting to order at 7:30 p.m. ROLL CALL• � Members Present: Dave Newman, Dave Kondrick, Dean Saba, . LeRoy Oquist Members Absent: Connie Modig, Diane Savage, Brad Sielaff Others Present: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Roger Moody, Friendly Chevrolet Scott Lund, 6251 Central Avenue N.E. APPROVAL OF MARCH 23, I994 PLANNING COMMISSION MINUTES•. MOTION by Mr. Saba, seconded.by Mr. Kondrick, to approve the March 23, 1994, Planning Commission minutes as written., IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED TSE MOTION CARRIED IINANIMOIISLY. 1. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT SP #94-02, BY FRIENDLY CHEVROLET: Per Section 205.14.01.C.(2) and (3) and per Section 205.12.02.B.(3) of the Fridley City Code, to allow agencies selling or displaying new and/or used vehicles, recreational vehicles, or boats on that part of the Southeast 1/4 of the Southwest 1/4 lying southerly of the northerly 50 feet thereof, lying northerl.y of the southerly 400 feet thereof, and lying westerly of the easterly 600 feet thereof, excluding that part taken for road, and subject to easements of record, generally located at 7011 University Avenue N.E. MOTION by Mr. Kondrick, seconded by Mr. Saba, to waive the reading of the public hearing notice and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 7:32 P.M. Ms. McPherson stated the subject property is located in the northeast corner of the intersection of 69th and University Avenues. The property is zoned P-Public. M-2, Heavy Industrial, 0 PLANNING COMMISSION MEETING, APRIL 20, 1994 PAGE 2 zoning is located to the north, and R-1, Single Family Dwelling, zoning is located to the south. Ms. McPherson stated the Planning Commission reviewed a similar request by Friendly Chevrolet in 1993 to conduct a used car sale on Labor Day, September 3, 4, and 6, 1993. At that time, the Commission recommended approval of the special use permit request with 11 stipulations. One stipulation was that the special use permit was to be reviewed by the Planning Commission prior to the next sale. The City Council concurred with the Planning Commission's action. Ms. McPherson stated staff reviewed the 1993 request with the Police Department. The Police Department reported that they did not receive any complaints from the Labor Day sale; however, they. did recommend that a traffic management person again•be required to direct traffic away from the neighborhood located south of 69th Avenue. Ms. McPherson stated staff has received telephone calls from residents expressing concerns about the sale. Ms. McPherson stated this new special use permit request is to allow two sales in 1994. The first sale would be held the weekend of May 6-7, 1994, and the second sale would be held again on Labor Day weekend, September 3 and 5, 1994. Ms. McPherson stated the automobiles are proposed to be located in the north parking 1ot of th�e site. Customer parking would be. located in front of Columbia Arena on the west side. Ms. McPherson stated the petitioner is proposing to block off the area for vehicle displays and reroute traffic within the site. A tent would be erected and portable toiiets would be provided, one would need to be handicapped accessible. The petitioner is also proposing to have 24 hour security on site. Ms. McPherson stated that pending any testimony from the neighborhood, staff is recommending that the Planning Commission recommend approval of this request with the same 11 stipulations that were approved for the 1993 request: l. The vehicle sales will occur no more than once per year for no more than three days over the Labor Day weekend. 2. The use of streamers, pennants, and flags is prohibited. 3. The petitioner shall comply with the temporary sign ordinance for all temporary signs on the property. � � PLANNING COMMI83ION MEETING. APRIL 20, 1994 PAGE 3 4. The petitioner shall obtain a temporary building permit and shall comply with Article 32 of the Uniform Fire Code. 5. Portable toilets shall be handicapped accessible. 6. The petitioner shall provide a traffic management person to properly control traffic on site and to prevent problems occurring on 69th Avenue at the University Avenue frontage road and to direct unnecessary traffic away from the residential neighborhood. 7. The participating dealerships shall apply for and receive the appropriate City licenses. 8. There shall be no test driving of cars in the residential neighborhood located south of 69th Avenue and in Locke Park. 9. Barricades shall be placed at the entrance to the neighborhood on 69th Avenue and on 71st Avenue. The barricade at 69th Avenue shall include a sign with the language "residential area - no exit". 10. The cars for the sale shall be street operable and shall not be excessively leaking fluid. 11. The special use permit shall be reviewed by the Planning Commission prior to the next sale. . Mr. Newman stated stipulation #1 will have to be amended to reflect the two sales. Ms. McPherson stated that staff's intent was to recommend approval of the two sales in May and September. Stipulation #1 was amended as follows: The vehicle sales shall occur no more than twice per year for no more than three days for each occurrence on May 6-7, 1994, and over the Labor Day weekend. Mr. Roger Moody, President of Friendly Chevrolet, stated that there are four dealerships involved in the sale. He stated they had the sale last year and really did not have any problems. They received no complaints from the Police Department or from the residents, and they expect no problems this year. Mr. Scott Lund stated he lives in the residential area directiy south of Columbia Arena. He stated he was at home over Labor Day weekend last year, and he was not even aware of the sale. � � PLANNING COMMI83ION MEETING APRIL 20 1994 PAGE 4 Mr. Moody stated they will not use any balloons or banners. There will be no microphones or loud music. He stated he has no objection to the 11 stipulations. MOTION by Mr. Kondrick, seconded by Mr. Saba, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE� CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:36 P.M. Mr. Saba stated he drove by Columbia Arena during the sale last year, and he did not see any negative impact on the surrounding neighborhood. MOTION by Mr. Saba, seconded by Mr, Oquist, to recommend to City Council approval of Special Use Permit, SP #94-02, by Friendly Chevrolet, per Section 205.14.O1.C.(2) and (3) and per Section 205.12.02.B.(3) of the Fridley City Code, to allow agencies selling or displaying new and/or used vehicles, recreational vehicles, or boats on that part of the Southeast 1/4 of the Southwest 1/4 lying southerly of the northerly 50 feet thereof, lying northerly of the - southerly 400 feet thereof, and lying westerly of the easterly 600 feet thereof, excluding that part taken for road, and subject to easements of record, generally located at 7011 University Avenue N.E. with the following stipulations: l. The vehicle sales shall occur no more than twice per year for no more than three days for each occurrence on May 6-7, 1994, and over the Labor Day weekend. 2. The use of streamers, pennants, and flags is prohibited. 3. The petitioner shall comply with the temporary sign ordinance for all temporary signs on the property. 4. The petitioner shall obtain a temporary building permit and shall comply with Article 32 of the Uniform Fire Code. 5. Portable toilets shall be handicapped accessible. 6. The petitioner shall provide a traffic management person to properly control traffic on site and to prevent problems occurring on 69th Avenue at the University Avenue frontage road and to direct unnecessary traffic away from the residential neighborhood. 7. The participating dealerships shall apply for and receive the appropriate City licenses. 4C PLANNING COMMISSION MEETING, APRIL 20, 1994 PAGE 5 8. There shall be no test driving of cars in the residential neighborhood located south of 69th Avenue and in Locke Park. 9. Barricades shall be placed at the entrance to the neighborhood on 69th Avenue and on 71st Avenue. The barricade at 69th Avenue shall include a sign with the language "residential area - no exit". 10. 11. The cars for the sale shall be street operable and shall not be excessively leaking fluid. The special use permit shall be reviewed by the Planning Commission prior to the next sale. Mr. Kondrick stated that if they approve these two sales this year, how soon before the petitioner or another dealership is requesting three sales, then four sales, etc.? Some thought should be given to the frequency of these kind of sales. He has some concern about this and wants to make sure that the City keeps some type of control over these kinds of sales. Ms. McPherson stated that, typically, for single type commercial uses, general outdoor sales on a routine basis are not permitted with the exception of the SuperAmericas who are allowed, as part of their special use permit, to have merchandise on the sidewalks directly in front of their buildings. Otherwise, all other outdoor-type sale uses; for instance, the automobile, RV, and boat dealerships are all special uses in the commercial districts, so it would be up to the City, based on the Commission's recommendation, to set the parameters and guide-lines for these types of sales. Mr. Newman stated that as he understood the current ordinance, different people could have leases for the Columbia Arena parking lot each weekend during the summer, and the City could, theoretically, be dealing with a different special use permit for each weekend. Ms. McPherson stated that is true; but, again, through the special use permit process, it is up to the City to determine whether it is in the City's best interest to have these types of sales. Mr. Newman stated they also have to be careful not to overreact; because if these things do start to occur, it would be difficult for the City to say that one dealership can have a sale; but another dealership cannot have a sale because one sale has already been held. As Mr. Kondrick said, they will have to keep an eye on this. � � PLANNING COMMISSION MEETING, APRIL 20, 1994 PAGE 6 Ms. McPherson stated that on May 4, 1994, the Planning Commission will be considering an ordinance change to allow the outdoor sale of food within commercial districts. This may be an opportune time to consider amending other portions of the Zoning Code to address these concerns., Mr. Newman stated he did not want his comments to negatively reflect on this particular special use permit request to the City Council. UPON A VOICE VOTE� ALL VOTING AYE� C$AIRPERSON NEWMAN DECLARED THE MOTION CARRIED IINANIMOIISLY. Ms. McPherson stated this special use permit request will go to City Council on May 2, 1994. 2. VACATION REQUEST: SAV #94-01, BY SCOTT LUND: To vacate the Easterly 179.57 feet of a 15 foot drainage and utility easement lying adjacent to and nvrth of the.south lot line of Lot 3, Block 1, Central View Manor 2nd Addition, generally located on Highway 65 south of Fireside Drive and north of 73 1/2 Avenue N.E. Ms. McPherson stated the original informal hearing notice indicated that only the easterly 179.57 feet of the drainage easement was to be vacated. However, in a conversation with the adjacent property owner to the west, Alvin Schrader, Mr. Schrader agreed that he would also be interested in vacating the easement on his property so this is actually going to be a joint vacation request between Mr. Lund and Mr. Schrader. Ms. McPherson stated the Planning Commission recently reviewed a plat request and a rezoning request for this particular area to allow the petitioner to construct a 13,000 square foot industrial building on the property. However, the building encroaches into a drainage and utility easement. There are no utilities currently located within this easement area, and additional drainage and utility easements have been dedicated along the west, north, and easterly lot lines af this particular parcel which would adequately handle the storm water. The petitioner would not need the easement for the location of utilities to service the building, and the City does not have a need for this particular easement. Ms. McPherson stated the property owner to the west, Mr. Schrader, is interested in developing the remaining lots with a large single use. It would be likely that any structure would aiso encroach into the drainage and utility easement; therefore, it is recommended that the easement be vacated. Also, the City does not have any utilities in the westerly portion of the easement, and storm water would be controlled on site by a grading and drainage plan which would be required of that developer. 4E PLANNING COMMISSION MEETING, APRIL 20, 1994 PAGE 7 Ms. McPherson stated staff recommended that the Planning Commission recommend approval of this vacation request with one stipulation: The rezoning request, ZOA #94-01, and plat request, P.S. #94-01, shall be approved. MOTION by Mr. Oquist, seconded by Mr. Saba, to recommend to City Council approval of vacation request, SAV #94-01, by Scott Lund, to vacate the Easterly 179.57 feet of a 15 foot drainage and utility easement lying adjacent to and north of the south lot line of Lot 3, Block l, Central View Manor 2nd Addition, generally located on Highway 65 south of Fireside Drive and north of 73 1/2 Avenue N.E. with the following stipulation: 1. The rezoning request, ZOA #94-01, and plat request, P.S. #94-01, shall be approved. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED IINANIMOII3LY. Ms. McPherson stated that at its May 2, 1994, Yneeting, the Council will establish a public hearing for this request on May 16, 1994. 3. RECEIVE MARCH 10 1994 HUMAN RESOURCES COMMISSION MINUTES: MOTION by Mr. Oquist, seconded by Mr. Kondrick, to receive the March 10, 1994, Human Resources Commission minutes. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED IINANIMOUSLY. 4. RECEIVE MARCH 14, T994, PARKS & RECREATION COMMISSION MINUTES: MOTION by Mr. Kondrick, seconded by Mr. Saba, to receive the March 14, 1994, Parks & Recreation Commission minutes. UPON A VOICE VOTE, ALL VOTING AYE� CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED IINANIMOIISLY. Mr. Kondrick stated that, as the Commission members were probably aware, the Commission recently lost one of its valued members, John Gargaro. Mr. Gargaro will be mourned and missed, not only by the City, but also by the members of the Parks & Recreation Commission. 5. RECEIVE MARCH 15, 1994, ENVIRONMENTAL 4UALITY & ENERGY COMMISSION MINUTES: MOTION by Mr. Saba, seconded by Mr. Oquist, to receive the March 15, 1994, Environmental Quality & Energy Commission minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED IINANIMOUSLY. 4F PLANNING COMMISSION MEETING, APRIL 20, 1994 PAGB $ 6. RECEIVE MARCH 17, 1994, HOUSING & REDEVELOPMENT AUTHORITY MINUTES• MOTION by Mr. Kondrick, seconded by Mr. Oquist, to receive the March 17, 1994, Housing & Redevelopment Authority minutes. IIPON A VOICS VOTE, ALL VOTING AYB, CHAIRPERSON NSWMAN DECLARED THE MOTION CARRIED IINANIMOIISLY. 7. RECEIVE MARCH 29, 1994,.APPEALS COMMISSION MINUTES• MOTION by Mr. Saba, seconded by Mr. Kondrick, to receive the March 29, 1994, Appeals Commission minutes. UPON A VOICE VOTE, ALL VOTING AYE� CHAIRPERSON NSWMAN DLCLARED THE MOTION CARRIED IINANIMOIISI,Y. 8. OTHER BUSINESS: a. Update on Lake Pointe and Southwest Quadrant Lake Pointe Ms. Dacy stated a new advertising brochure has been developed by the consultant for the Lake Pointe property. Staff is in the process of putting together inserts that will be inserted into the right flap of the brochure which will focus on employment, demographic information, school information, tax information, testimonial quotes from members of major industries, etc. Ms. Dacy stated the consultant will develop a list of the top companies in the metro area and Minnesota and will do a direct mailing of these advertising brochures. They have yet to decide on what type of followup will be conducted. Ms. Dacy stated that the brochure was displayed at the Commercial Real Estate Exhibition on Wednesday, April 13. The HRA will soon be installing signs on the property which advertise "Corporate Office Park Far Sale". Ms. Dacy stated they will begin advertising the Lake Pointe site more in major business magazines such as Corporate Report, Minnesota Ventures, Nlinnesota Real Estate Journal, etc. Mr. Kondrick stated that staff might want to consider putting an article in the Focus News and Minneapolis Star & Tribune to not only advertise the site, but also to let people know why it is a good thing that the Fridley Housing & Redevelop- ment Authority purchased back the site and what development on the property is going to mean for the City of Fridley. 4G PLANNING COMMIS3ION MEETING, APRIL 20, 1994 PAGE 9 Ms. Dacy stated Mr. Kondrick has a good point, and staff will discuss it. Southwest Quadrant . Ms. Dacy stated the HRA has authorized staff to interview a number of housing developers to look at housing options. The Council and HRA want staff to investigate some type of mixed use proposal with retail on the first floor of a multi-story building with condos or apartments on the remaining stories. Staff is also evaluating whether or not the existing apartments to the south can be rehabbed and incorporated somehow into a project. b. Planning Depart�ent Ms. Dacy stated that because of the new found emphasis on housing and some of the other planning issues, the City Council has authorized the City Manager to discuss adding more staff to the Planning Department. They will soon be advertising to fill the vacant Planning Coordinator position and also for an intern on a part-time basis for the next 3-4 months. ADJOURNMENT• MOTION by Mr. Kondrick, seconded by Mr. Oquist, to adjourn the meeting. Upon a voice vote, all voting aye, Chairperson Newman declared the motion carried and the April 20, 1994, Planning Commission meeting adjourned at 8:15 p.m. Respectfully submitted, . � -�-�% Ly Saba � Recording Secretary � � _ � I Community Development Department PLANNING DIVISION City of Fridley DATE: April 25, 1994 � TO: William Burns, City Manager �/� FROM: SUBJECT: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Special Use Permit Request, SP #94-02, by Friendly Chevrolet The special use permit request is to permit the temporary sale of used.motor vehicles twice in 1994. The request is by Friendly Chevrolet for the Columbia Arena property located at 7011 University Avenue N.E. The Planning Commission conducted a public hearing regarding the request at its April 20, 1994 meeting. The Commission voted unanimously to recommend approval of the request to the City Council with the following stipulations: 1. 2. 3. 4. 5. The vehicle sales shall occur no more than twice per year for no more than three days for each ocaurrence; on May 6, 7, and the Labor Day weekend. The use of streamers, pennants, and flags is prohibited. The petitioner shall comply with the temporary sign ordinance for all temporary signs on the property. The petitioner shall obtain a temporary building permit and shall comply with Article 32 of the Uniform Fire Code. Portable toilets shall be handicapped accessible. 6. The petitioner shall provide a traffic management person to properly control traffic on-site and to prevent problems occurring on 69th Avenue at the University Avenue frontage road, and to direct unnecessary traffic away from the residential neighborhood. 7. The participating dealerships shall apply for and receive the appropriate City licenses. Friendly Chevrolet; SP #94-02 April 25, 1994 Page 2 8. There shall be no test driving of cars in the residential neighborhood located south of 69th Avenue and in Locke Park. 9. Barricades shall be placed at the entrance to the neighborhood on 69th Avenue and on 71st Avenue. The barricade at 69th Avenue shall include a sign with the language "residential area - no exit". 10. The cars for the sale shall be street operable and shall not be excessively leaking fluid. 11. The special use permit shall be reviewed by the Planning Commission prior to the next sale. Staff had received several phone calls from area residents regarding the request, however, no residents testified at the public hearing. Staff recommends that the City Council concur with the Planning Commission action, pending testimony from the neighborhood. MM/dn M-94-226 4J � REQUEST Permit Number ' Applicant , Proposed Request Location SITE DATA Size Density Present Zoning Present Land Use(s) Adjacent Zoning Adjacent Cand Use(s) Utilities Park Dedication Watershed District ANALYSIS j Financial Implications ' Conformance to the Comprehensive Plan Compatibility with Adjacent Zoning and Uses Environmental Consid2rations RECOMI��NDATi01�1 Staff Appeals Commission Planning Commission Author rlrt/dn S TAFF REP O RT Community Development Department Appeals Commission Date Planning Commission Date : April 20, 1994 _ City Council Date � May 2, 1994 SP 4�94-02 Friendly Chevrolet To allow used motor vehicle sales. 7011 University Avenue N.E. 480,000 square feet (11 acres) P, Public Facilities Public P, Public Facilities to the East; M-2, Heavy Industrial to the North; R-I, Single Family Dwelling to the South Park (East); Industrial (North); Residential (South) Rice Creek Approval with stipulations Approval with stipulations SP ��9ls-02 Friendly Chevrolet S l/2 SEC. // �%�O, R. 2, C/TY OF FR/OLEY � 3� �� � \ � L � L � �� CENT� R L � t � �� „�—T� ` � --`�--- � Ne1'•4•:•}•w t15a-47 SEC.// �-- ��'- � . 2�� w I, �,. �'YG'1'hlA'w �✓.N w^l^�I'•�4'JA'�-IK 0 NM'cli.%4'H j 4e.c-.� ;"°�+-. 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' _ _ _' " _' _' ' _' _ _ _ " _ _ _- _ - _ _ _ _ ✓..u.... sLZr . ��, : � _ _ T '_ � � r ,.• �..... �_ - , �', - - - - � � � - --� _� � _._L J /.l i J : Q ' JM_� I_ " _ . . _ C`' _ '__.' `r-. " �! Fl..'r:"i ;. "'9�0�1- N: J y tC - � l�f [ �: �! Q�{ , ' ~�� ` • ��y: ;� `.. �J �i ;� Z � C COlUMBtA ARENA � �•' � �`� �!'rD: N �� } V ! ! .•' C..� TRACT._ a " � - s = I: O ` � � C-. .x '. ---_ � _ I S � ^ .r Y �" �IZ�__ �, . 1 . .. _ _ _ . � .� . µ� : -� :y" . r � Ir �'� • : � _. _ i •• • � '''t R i a � x _ I�< • � '�� i a; � , I ;' in iN,�i� � , � ;� � � Cl `��"'�� ij �..-r I ; M I °` ' � ' a r.i*r=r- ,w : r l �< , ______.__'_"__"__ __"_.. .Lla.�. � � I � / 1 i q'I�_5e'W__- ..� __._ M�d ,.., Fr -�'_r.•�- % �" ''.e 69TH AVE. NE. � I � ' 33 34 /iJ •.ucl, �� .! F..sR :. I I i 1 �O CKE !u ;EFp) I . i I■ /�I COR�E}7 � / � SEC. // f \�� ' � 6 43 i , � : 4L �.�C����i� �A� '�: 0 z �. a 3 _ c� z Y z � � F- w � Q � � SP 4��4-02 Friendly Chevrolet j I j � 4T' `� ✓ J `� v f`���-�� _��.� -� -� � � ,� � r �� �, �� _ �,�`�� �., �� .�.� � ����� �. � �� � � �. , �� ; .,, � Staff Report SP #94-02, by Friendly Chevrolet Page 2 Request The petitioner requests that a special use permit be issued to allow the sale of used cars. The request is located at Columbia Area, 701i University Avenue N.E. Site The property is located in the northeast corner of the intersection of 69th and University Avenues. The property is zoned, P, Public Facilities. There is M-2, Heavy Industrial zoning to the north, and R-1, Single Family Dwelling zoning to the south. Background The Planning Commission reviewed a similar request (SP #93-13) by Friendly Chevrolet to conduct a used car sale on Labor Day, 1993 (September 3, 4, and 6). The Planning Commission recommended approval of the request with the following stipulations: 1. The vehicle sales will occur no more than once per year for no more than three days over the Labor Day weekend. 2. The use of streamers, pennants, and flags is prohibited. 3. The petitioner shall comply with the temporary sign ordinance for all temporary signs on the property. 4. The petitioner shall obtain a temporary building permit and shall comply with Article 32 of the Uniform Fire Code. 5. Portable toilets shall be handicapped accessible. 6. The petitioner shall provide a traffic management person to properly control traffic on-site and to prevent problems occurring on 69th Avenue at the University Avenue frontage road, and to direct unnecessary traffic away from the residential neighborhood. 7.:.. The participating dealerships shall apply for and receive the appropriate City licenses. 8. There shall be no test driving of cars in the residential neighborhood located south of 69th Avenue and in Locke Park. 4N Staff Report SP #94-02, by Friendly Chevrolet Page 3 9. Barricades shall be placed at the entrance to the neighborhood on 69th Avenue and on 71st Avenue. The barricade at 69th Avenue shall include a sign with the language "residential area - no exit". 10. 11. The cars for the sale shall be street operable and shall not be excessively leaking fluid. The special use permit shall be reviewed by the Planning Commission prior to the next sale. The City Council concurred with the Planning Commission recommendation. Staff reviewed the 1993 request with the Police Department. The Police Department did not receive any complaints from the 1993. Labor Day sale. They recommended, however, that a traffic management person again be required to direct traffic away from the neighborhood located south of 69th Avenue. Two residents have contacted staff regarding their concerns about the sale. Testimony regarding the previous sale may be heard at the upcoming meeting. Analysis The petitioner's new request is to allow two sales in 1994. The first sale will be held the weekend of May 6 and 7. The second sale to be held on Labor Day with the sales event to occur September 3 and 5, 1994. The automobiles are proposed to be located in the north parking lot of the site. The customer parking will be in front of the arena in the west parking lot. The area for the vehicle displays is proposed to be blocked off and traffic re-routed within the site. A staff person will direct traffic on-site. A tent will also be erected and portable toilets provided. As the public will not have access to the arena, portable toilets will need to be handicapped accessible. The petitioner is proposing to have 24 hour security. Recommendation Pending further testimony from the adjacent neighbors, staff recommends that the Planning Commission recommend approval of the special use permit request with the previously-approved stipulations from SP #93-13. i � Staff Report SP #94-02, by Friendly Chevrolet Page 4 Planning Commission Action The Planning Cammission voted unanimously to recommend approval of the request with one amended stipulation: 1. The vehicle sales will occur no more than twice per year for no more than three days for each occurrence on May 6, 7, and the Labor Day weekend. City Council Recommendation Staff recommends that the City Council concur with the Planning Commission action. � ■ CHL'V1?OL�'T/ GL'O, I1VC. I 7501 N. E. Hwy. 65 • Fridley, MN 55432 •(612) 78fi-6100 March 10, 1994 Ms. Barbara Dacy, AICP Community Development Director City of Fridley 6431 University Ave. NE Fridley, MN 55432 :�„ RE: Special Use Permit Dear Ms. Dacy: Enclosed please find our application for a Special Use Permit for used car sales to be held on May 6& 7 and September 3rd and 5th, 1994. Our sale promotional plans are identical to the sale that was held last Labor Day with the following exceptions: We are requesting two sale events; a) the first to be on May 6& 7, 1994 with the vehicles to be moved to the arena on Thursday May 5; b) the second to be held on Labor Day with the vehicles being moved to the lot on Friday September 2nd and the sales event on September 3rd and September 5th, 1994. The four dealerships taht will participate in the sales event will be the same, namely; Brookdale Chrysler - Plymouth Jeep Wilkens Dodge Minar Ford Friendly Chevrolet Geo Please give me a call if you require any additional information. Sincl, er.e�ly, "���`� �/ _ -'�'" ;�! L.- � `% � � % � ----_ Roger/J. Moody President �'�� � � 4 � FRIDLEY CITY COIINCIL MEETING OF AIIGIIST 16, 1993 PAGE 6 Dr. LeMay stated that the interior walls would be triple insulated. If there are any complaints, he would be happ.y to try and resolve this issue. J MOTION by Councilwoman Jorgenson grant Special Use Permit, SP #93-12, with the following ipulations: (1) general site clean-up, including repairing t fence, removin,g weeds located in the shrub beds, in the area adjacent to the fence and in the parking lot, addition of ew rock to the shrub beds, and the pruning of trees and shr s, shall be completed by June 1, 1994; and (2) this special u permit shall be reviewed by the Planning Commission in twelve onths regarding noise and odor. Seconded by Councilman Schneide . Upon a voice vote, all voting aye, Mayor Nee declared the mot' n carried unanimously. B. SPECIAL USE PERMIT, SP #93-13, BY FRIENDLY CHEVROLET GEO, INC., TO ALLOW AGENCIES TO SELL OR DISPLAY NEW AND/OR USED VEHICLES, RECREATIONAL VEHICLES OR BOATS, GENERALLY LOCATED AT 7011 UNIVERSITY AVENUE N.E.: Mayor Nee stated that Councilman Billings attended the Planning Commission meeting where this item was discussed. Councilman Billings sent a letter to the residents of Holiday Hills concerning the request. He stated that Councilman Billings indicated he would support this request for a special use permit. Ms. Dacy, Community Development Director, stated that this proposed outdoor sale of vehicles would be held at the Columbia Arena,.and a special use permit is required. She stated that the sale would be held on September 3, 4 and 6 over the Labor Day weekend, but there would be no Sunday sales. She stated that Friendly Chevrolet would provide a staff person for traffic control, and they would construct a tent and provide portable Satellites on the premises. Ms. Dacy stated that the Planning Commission recommended approval of this special use permit with eleven stipulations as found in the Council's agenda. She stated that the Council has approved a similar request for Sam's Club. Ms. Dacy stated that one of the stipulations requires a barricade to be placed at the entrance to the neighborhood on 69th Avenue and on 71st Avenue and that the barricade at 69th Avenue include a sign that this is a residential area with no exit. Mayor Nee asked how residents would access their homes. Ms. Dacy stated that the person in charge of the traffic control could advise persons that there would be no test driving of vehicles, and the barricade could be strategically placed to allow access for local traffic. Councilwoman Jorgenson asked where the test driving of the vehicles would take place. She also wondered if this traffic would enter Melody Manor. 4f� FRIDLEY CITY COIINCIL MEETING OF AIIGIIST 16. 1993 PAGE 7 Ms. Dacy stated she assumes that 69th Avenue would be used to exit onto University Avenue, or 73rd Avenue could be used to go east to Central Avenue or west to University Avenue rather than north into Melody Manor. Councilman Schneider asked if there is an estimate on how many persons would attend this sale. Mr. Ronald Stelter, representing Friendly Chevrolet, stated it is expected that several hundred people would attend. Councilwoman Jorgenson stated that she attended the sale sponsored by Sam's Club. There were a lot of people, but the traffic was very controlled. Councilwoman Jorgenson stated that one of the stipulations was.that the cars for the sale be street operable and not be leaking fluid excessively. She asked if this may be a problem. Mr. Stelter stated triat at the Planning Commission meeting the question was raised if this sale would involve junk vehicles. He. stated that.this would not be the case, and.the vehicles would not be leaking fluid. He stated that they hope to have three hundred to four hundred cars from four different manufacturers. They would be moving them on this site beginning the Friday before Labor Day. MOTION by Councilman Schneider to grant Special Use Permit, SP #93-13, with the following stipulations: (1) the vehicle sales will occur no more than once per year for no more than three days over the Labor Day weekend; (2) the use of streamers, pennants, and flags is prohibited; (3) the petitioner shall comply with the temporary sign ordinance for all temporary signs on the property; (4) the petitioner shall obtain a temporary building permit and shall comply with Article 32 of the Uniform Fire Code; (5) the portable toilets shall be handicapped accessible; (6) the petitioner shall provide a traffic management person to properly control traffic on site and to prevent problems occurring on 69th Avenue, the University Avenue frontage road, and to direct unnecessary traffic away from the residential neighborhood; (7).the participating dealerships shall apply for and receive the appropriate City licenses; (8) there shall be no.test driving of cars in the residential neighborhood located south of 69th Avenue and in Locke Park; (9) barricades shall be placed at the entrance to the neighborhood on 69th Avenue and on 71st Avenue. The barricade at 69th Avenue shall include a sign with the language "Residential Area, No Exit"; (10) the cars for the sale shall be street operable and shall not be excessively leaking fluid; and (11) the special use permit shall be reviewed by the Planning Commission prior to the next sale. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �� r _ � Community Development Department PLANNING DIVISION City of Fridley DATE: April 28, 1994 TO: William Burns, City Manager ��, � FROM: SUBJECT: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Establish Public Hearing for a Vacation Request, SAV #94-01, by Scott Lund The Planning Commission conducted an informal hearing regarding vacation request, SAV #94-01, by Scott Lund. The request is to vacate a 15 foot drainage and utility easement located in the middle of Scott Lund's development parcel and extending west through Alvan Schrader's vacant parcel. The properties are located north of 73 1/2 Avenue between the East Highway 65 Service Road and Skip's Central Auto Parts. A1van Schrader has also agreed to participate in the vacation request to vacate the portion of the easement Iocated on his vacant parcel. The City Code requires the for all vacation requests. establish May 16, 1994 as MM/dn M-94-225 Council to conduct a public hearing Staff recommends the City Council the date of the public hearing. � _ CI�iYOF FRtDLEY 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 1�Iemo to: william w. Burns Cit Mana er �� . . Y 9 � From: Subject: Date: William C. Hunt, Assistant to the City Manaqer,��'�%� /� Public Hearinq on Ordinance Amendinq Chapter 2 and Section 4.04 of the Fridley City Charter April 27, 1994 At the April 25, 1994 meeting of the Fridley Home Rule Charter Commission the attached amendments to Chapter 2 and Section 4.04 of the Fridley City Charter were approved by the Charter Commission and recommended to the City Council for enactment by ordinance. The Charter Commission also voted to expedite presentation of these amendments to the Council rather than wait for approval of the minutes at their May 23, 1994 meeting. On behalf of the Charter Commission I request that you present these amendments to the Fridley City Council at their meeting of May 2, 1994 with the recommendation of setting a public hearing before the Council on June 6, 1994. These amendments have been submitted to the Council on several occasions in the past. The current proposal is the same as the previous one with the exception that the present language in the first sentence of Section 2.05.01 (new Section 2.06.01) has been restored. The previously proposed amendment which would have made "failure of any Councilmember to attend eight (8) consecutive regular meetings of the Council" grounds for declaration of a vacancy has been withdrawn. Since the proposed amendments involve a considerable reorganization of Chapter 2 I have summarized them below listing items by sections in the proposed amended version. Some of these comments also appear in bold type face interspersed in the body of the text. 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. Memorandum to William W. Burns Public Hearing on Amendments to Fridley City Charter Chapter 2 and Section 4.04 April 27, 1994 Page Two 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 Changes slightly and clarifies when terms of office begin and end. 2.03 The previous section 2.06 was one long paragraph. This has been broken up into subsections for greater clarity. 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.OZ.02 which prohibits the City Council from attempting to perform administrative duties other than through the City Manager. 2.03.06 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 r.edistricting 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 Provides a time frame of thirty days from the event in � question for the declaration of a vacancy. 2.06.02 Provides for a special election 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 filings for the next election of the office in Memorandum to William W. Burns Public Hearing on Amendments to Fridley City Charter Chapter 2 and Section 4.04 April 27, 1994 Page Three 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 requirements 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 days. 2.06.03 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 the Council is reduced to two or less, for example in the case of 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 e 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 follawing sections of the Fridley City Charter be amended as follows: CHAPTER 2 . ..... . . CITY COUNCIL ORGANIZATION Section 2.01 COUNCIL-MANAGER PLAN IMPLEMENTATION 1. The form of government established by this Charter shall be known as the "Council-Manager Plan.—" pursuant to Minnesota. Statutes. COMMENT: CLARIFIES THE SOIIRCE OF THE ��COIINCIL-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 � duties. 1�115 i l R��L1.L��_��! �Z _ l� 3. The Council shall izse�€—l�e�n��� perform the duties and exercise the powers of all �� Citv boards and commissions except as �� otherwise provided by statute or by this charter. It may�re�e=a�e� ; 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 compel the production of books, papers and other � 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 COONCIL TO REQIIIRE PRODIICTION OF NONDOCIIMENTARY EVIDENCE. 5C 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 2.9-�02. ELECTIVE OFFICERS 1. The Council shall be composed of a Mayor and four (4) Councilmembers who shall be eligible voters. 2. The Mayor shall be elected at large €e� in each United States presidential election year to a�i� e�-�l�.�ee-E-3; �P�"=; pi�:�n, t i-li o f i�.9�Z�ei°--�9—�9 G�E�-E�"cz�_'^_�—'*_-�}-�`� 9'" "ra 'ur'rA G��@i`—�r ��--A�i�i�e--{�-}—'���9. �@iiG�3�i� --- j-�-= j'cu'"�s, €��—��i��i�e��='!''; �i�ia9�ii--@-�-@�E�—�9 LL.. ..ar; ,.._ ..a term of Four (4) years. �3. One (1) Councilmember shall be elected at large in each United States presidential election year to �e-- -�---- e; �h�pp "` :-. �ea�s e�ee��-t���Te�i-�t s�ei�e�e�.� , -�'�`�'?—?aEffi3 iii3-ii� 6���m�-uzi�3'' "zazri'r�n �—�vir9 'z-u2r�`' a"" �A�}��="�_=m =--=r9-�'9�tI�-rhite3l�ci-irc�-�e�gE-�9-3�35 . � �-ee�ee�-����re-e�€�.te-��n�-l�te� e�-a-��g � �'� � , , '� � �l�e�e�-€e� a term of four (4) years. 3:4. Three (3) Councilmembers shall be elected =v��ns9—e` ''�� -�3 ___ ��.... in each Minnesota aubernatorial election year from three (3) separate Wards of The City,--�-ts �����-���� ��e��; e�ce��-t�i��=��rs�-Ee�e��r�e��--€e���--AFc�� i�i3�ci�irs5 ^—�iur�ei'—s�zr,�e? '�lt •,•• : , ••• �"�-9-�--�Ei�Rt—�i`�---�A S E�@-� ---c-�li'a .,. i.. .. �� i,... t a,. �.. a 3�� °v�r''r@--�'e'ii�3'�3@'cnm�l..ii�--r��rl�.. wT.. � �...,, a wT...� 9s... i�c � . C6iitiii�ii2-�Ii��i4—�iE�j��?-?^ �� 9 Ei .� r}�--� � �re--}�e�9e�s e�e��ee�-�e-�€�re�es e °r��e-�e� e�€e �r;:� a�� �e�e�e�e�e�--i�F��-3 s`���'���-�-leezee�-€e�� to terms of four (4) years each, ���..., .� i ti. .. i. �., i.. ... i a� a. i,. .. .., a r:,. @ii`' vur-cazv-1Q'E��'� i =__� r==__=_ ____ __� __ ____ _____- @�E@iiiT��-�ih�2�r�u'"r��9`' "'zzzr%rnl?z'r�����9�i---��vrisi--v r 5D COMMENT3s BECTIONB 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€#�e�ia3��ii�ess day � i'-� -�-�`� of January following their election to office and shall end on December 31 of the until �re� a successor has been duly -' ����a --a '-�� qualified and acceQts 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: 3ECTIONB 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 TiiE MAYOR 1. The Mayor shall be the presiding officer of the Council, except that a. c==='_a=-'- mayor pro tem shall be chosen from the remaining Councilmembers to '--' -' �"' --� 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 THAT THE APPOINTMENT IS ONLY FOR THE TEMPORARY ABSENCE OR DISABILITY OF THL 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. COMMENT: THE FOLLOWING $ENTENCE 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�e�L�--ee�rse�r� take command of the police, maintain order and enforce the law. Council consent shall be obtained when practicable. 5E COMMENT: REVISED TO ALLOW MAYOR TO TARE CONTROL IN TIME OF EMERGENCY WITiiOUT FIRST HAVING TO SEER COIINCIL APPROVAL. Section 2.04 WARD COUNCILMEMBERS 1. The City is divided into three (3) separate election Wards desiQnated as `�'�T Ward 1, Ward 2, and Ward 3. zrs9iz=re'�--P�9�—ir -E�i---��-���e�3 9�-��'�� �s��-r�e-� . COMMENT: REVIBED FROM PRESENT SECTION 2.03.04 2. Y�e A Ward Councilmember e-�ee���e-. ��a must be a. resident of such ward. C n ' l L...... F........ ..L. 9�i��E3�9 lI2-�i@-e�-�-E@-9r�v'ui�'s-sia� �Ei�tl--9�9�i��9'" "auzi--ire�—�-t9 s�g a��t�i�-��s. If the Ward 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) wards shall be redetermined from time to time by ordinances duly adopted by the Council, and based on the findings of the Council that the wards so redetermined are such that the population of any ward shall not deviate by more than three percent (3�) from the average of the three (3) wards. COMMENT: MOVED FROM PRESENT 3ECTION 2.03.07 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)�� lc a. i.. r. •� �.. i i c •� a �.. i.. • s. • �.. ._ i i r��-�varr�r- �9�r�9tT�iTCr�r�ittarresu-�rvi�rrzrrr ���6i`�$l��-tt'%t�-i�-�i�l°�9 6? �ti. _ .._a... �_ = a _� . _ ..a�.� �.r....=.....,� - i - i . If further redistrictinq is necessary, as determined by the Council, the adoption of the J�F new boundaries shall be_prohibited during the time period from ninetv (90) davs before a primary election up to and includinq_ the dav of the general election in the same year Anv prohibitions stated in the Minnesota state statutes pertainin.g to the adoption of the new boundaries shall also apply. COMMENT: MOVED FROM PRESENT SECTION 2.03.08 Section 2.9-4� 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 leavin� office. COMMENT: THIS CLARIFIES THE DISQUALIFICATIONS OF CITY COiTNCILMEMBERB FROM BEING EMPLOYED BY THE CITY. Section 2.9rs06 VACANCIES IN THE COUNCIL 1. 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 ward 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 without good cause to perform any of the duties of inembership in the Council for a period of three (3) months. In each such case, within thirty (30Z days the Council shall by resolution declare s� a vacancy to exist_ �e�s��" °�M'-'�--"-'�. (Ref. Ord. ) 2. If a vacancy is declared to occur before filinqs 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 (6�965) days from the time such vacancy is declared. The Council shall desianate a period of eight L) to twelve L2) consecutive workinct days for the purt�ose of filing nomination petitions in accordance with Section 4.06. (Ref. Ord. ) 3. In the case of a special election to fill the vacancy, �e�e e=€—�°vi�9 5'"�—p�e-=�e��re�'�-;�n��—the procedure provided in Section 4.03, Primar,y Elections and Section 4.04, Special Elections, shall be followed except for the scheduling 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 5G by the board of canvass and shall fill the unexpired term. (Ref. Ord. 857, Ord. ) � _---- '� Te--nte�ei°s�ri�-e �t�.. „- , �eel��e�s , � � � uriia iri Hivus—�r�z-�-e "�ugpe-i "zr��—�au�i�teii�l—�t �e �s-�e-TCrss �-��--s�zc �e� e��rl�-t6 f 6u�- f 4-}��i�-9�eke�--9-`--i '�rliig � w;-.�� �L„ j „ . T r t-�-i�t��---�a�=n—�i°e--€e�---e13�€e� , �.. • , , ,.. } ��... ..�....�.�...... s3�93i�RtEm.--'vrizr—u@—�9—��i�-gEuz�a-i �%zrr �3 - �-�tE—'�E1�9—i7i'T�3ii�—�l�E��--�iE-9� � . � . � . 4. If the vacancv 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 shall appoint jwithin thirty (30) days of the vacancy declaration] by majority vote a qualified citizen, who has not filed for anv 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 1 of the fourth vear of the term, the winner of the general election shall be qualified and take office immediately. If 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-Large 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 L3) members, the City Manager shall order a special election after the manner provided in Sections 2.06.02, and 2.06.03 above to bring 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 Citv Manaqer 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 jurisdiction the corporate offices of the City of Fridley lie shall order such an election. (Ref. Ord. ) �i� Section 2.07 SALARIES AND EXPENSES The Mayor and each Councilmember shall receive reasonable remuneration or salary, the annual amount and payment of which shall be prescribed by ordinance duly adopted on or before November 1st of the year preceding payment of the same. a~}��neT�9z . ' . . �e�e�e ��ne�=���t-�� ��--�age-e f r,�; �.a _�, _ 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: SEC.TION 2.08 MOVED TO NEW SECTIONS 2.01.04 AND 2.01.05. COMMENTs 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. ) 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 First Reading: February 22, 1994 Second Reading: 51 TO: FROM: DATE: SUBJECT: ME MORANDUM William W. Burns, City Manager �I� � John G. Flora�Public Wo�ics Director Cj��Clyde V. Moravetz, CAN Administrator May 2, 1994 Public Hearing for the CAN Transfer of Ownership PW94131 The Fridley Cable Television Commission, at their April 27, 1994 meeting, recommended a public hearing be set for May 16 before the C'ity Council. The hearing is to solicit public comments regarding the proposed cable television transfer of ownershiP. A May 16 date for the public hearing will allow for an anticipated 'calendar of events' which will comply with Federal and/or State time tables established for a transfer of ownership. (See attached process/timeline dated April 25.) The public hearing of May 16 should be continued to June 20. A report will be completed by June 10 to be reviewed by the CATV Commission at a special scheduled m.eeting on June 13. A commission recommendation will come out of that meeting for the June 20 City Council Meeting. We recommend the City Council set the public hearing for May 16, 1994. CVM/JGF:cz � �� �� ..i M' D! • � � : : � ;!' . . . �1 � y�, +!, • a.. -• • : :! •�. .• : ' � ' ' • :� �: C•� • �� Fridlev - initia�. :reply - order pul�lic hearing - publish notiice oE publa.c h��aring - joint infarmatYOn session by 4/29/99 5/Z/94 5/2/94 - 5/6/99 5/3/94 7:30 p.m. - public heari.ng 5/16/94 - recive Moss & Barnett r6pOrt -- cable commission meeting - public hearing (con�,) - final city council meeting 6/10/94 6rx���4 6/20/94 7/1$/94 staff determine public hearing da�e council order pub2ic hearing staff no�ice between i0-14 days prior to hearing counCil/staff in�orm�tianal commissioners meeting s� St . �,oui s Park counGil �ake �estimony continue hearing until 6/20/�4 N/A cammissian counCil CounCil • � reGOmmendations of Moss & Barnett recommenda�ion tv Cauncil c�.ose purilic heaxing may take aGtion on trans�er must tak� action on transfer at this meeting NOTICE OF PUBLIC HEARING PROPOSED TRANSFER OF CABLE TELEVISION SYSTEM The City of Fridley, Minnesota, will hold a public hearing on Monday, May 16, 1994, at 7:30 pm, in the City Council Chambers of the Municipal Center to consider issues regarding the proposed transfer of the Cable Television Franchise and system from Nortel Cable Associates, L.P. to KBLCOM Incorporated. The Municipal Center is located at 6431 University Ave NE, Fridley, MN. Any person may speak to the City concerning the proposed transfer at the time of the public hearing. Any person may submit written comments by addressing those comments to the Cable Television Administrator, Clyde Moravetz. Any person who wishes to speak at the public hearing is requested to contact the CAN Administra#or prior to the public hearing or to sign up to speak at the public hearing on a list which will be available in the City Council Chambers immediately prior to the hearing. The City Cable Television Administrators telephone number is 572-3554. Dated this 2nd day of May, 1994. CITY OF FRIDLEY, MINNESOTA FOCUS PUBLICATION: May 3, 1994 May 10, 1994 � �7 En,ineerinc Sewer walE r P2!ks ,°itreCtS fJ'amtena�cc ME MORANDUM TO: �iliam W. Burns, City Manager �` � , � FROM: John G. Flora,�Public Works Director DATE: May 2, 1994 SUBJECT: Mounds vew Joint Powers Agreement PW94-130 The cities of Mounds View and Fridley have been working together to upgrade Stinson Boulevard/Pleasant �ew Drive. We have received a petition from the residents to construct the street 38 feet wide, parking both sides and to assess for concrete curb and gutter not-to-exceed $8 per front foot. We have held a public hearing on the improvement project. The attached Joint Powers Agreement outlines the participation and process for completion of the project. The total cost for the project is estimated at $254,000. Ramsey County will be contributing $94,000, consisting of $42,000 for design and inspection and $52,000 for construction costs. This leaves $160,000 to be split equally between the two cities, oc $80,000 each. This street will be constructed to MSAS standards and will provide for storm water improvements which initially will continue in Fridley but will ultimately be diverted into the Mounds View Comprehensive Storm Water Plan when it is initiated. Request the City Council authorize the Mayor and City Manager to enter into the Joint Powers Agreement so that we may initiate the advertisement and construction process for completion this summer. JGF:cz Attachment � � �"r.� JOINT POWERS AGREEMENT FOR THE RECONSTRUCTION OF STINSON BOULEVARD/PLEASANT VIEW DRIVE This agreement is made and entered into this day of , 1994 by and between the City of Fridley, 6431 University Avenue NE, Fridley, MN 55432, and the City of Mounds �ew, 2401 Highway 10, Mounds View, MN 55112. WITNESSETH WHEREAS, the parties to this agreement desire to jointly reconstruct the road on their boundary lines known as Stinson Boulevard/Pleasan# �ew Drive, between 73rd Avenue/County Road H and Osborne Road/County Road I, including but not limited to, the widening of the street to 38 feet to allow parking on either side, construction of concrete curb and gutter and necessary improvements herein collectively referred to as the Project, and WHEREAS, Ramsey County Public Works is willing to design, construction inspect, stripe and contribute $52,000 to the project, and WHEREAS, the parties agree that it is in their best interest that the cost of said Project after Ramsey County's contribution sha11 be shared equally by the City of Mounds �ew and the City of Fridley, and WHEREAS, said work is designed by the Ramsey County Public Works Department and approved by the Minnesota State Aid Office. NOW THEREFORE, it is mutually stipulated and agreed: 1. Purpose: a. The cities have joined together for the purpose of improving the road on their boundaries in conjunction with the expansion and reconstruction of Stinson Boulevard/Pleasant View Drive between 73rd Avenue/County Road H and Osborne Road/County Road l. b. The plans and specifications for the Project have been prepared by the Ramsey County Public Works Department and submitted to the Minnesota State Aid Office for approval. c. In order to facilitate the construction and reduce the cost associated, the City of Fridley is designated the acting agency for the execution of the Project. 2. Method a. The Ramsey County Public Works Department shall provide the plans and specifications for the reconstruction of the designated road in conformance with the State Aid Office requirements. Ramsey County Public Works Department shall also be responsible for construction staking, inspection and testing associated with the Project. -1- 7A b. The City of Mounds Uew will, in the implementation of their storm water system, connect to and accept the project flow at the 75th/Bronson Avenue intersection. c. The City of Fridley shall advertise the project, receive the bids and award the project to the lowest responsible bidder and §hall inspect and pay the contract estimates. d. The City of Mounds View will receive a notice of the contract award and contract completion. Upon notice of the contract completion, the City of Mounds Vew will remit to the City of Fridley $52,000 plus one-half (�/2) of the final construction cost less $52,000. 3. Costs a. The City of Fridley will be responsible for reviewing the construction estimates and paying all costs associated with the Project contract. b. The City of Mounds Vew shall be responsible for the $52,000 County construction contribution plus one half of the remaining final construction costs. c. The City of Mounds Vew shall reimburse the City of Fridley for their portion of the actual costs within 30 days of final completion notice. 4. Ownership and Maintenance Improvements The cities shall retain ownership of the improvement project from their portion of the street centerline. Each city shall be responsible for operation, maintenance and eontrol of their portion of the Project. 5. Disbursement ot Funds: AII funds disbursed by the cities per this agreement shall be disbursed per the methods provided by 1aw. 6. Contracts and Purchases All contracts let and purchases made pursuant to this agreement shall be made by the City of Fridley in conformance with State laws. 7. Strict Accountabilitv: A strict accountability for all funds, receipts and disbursements shall be made upon request by either party. 8. Affirmative Action: In accordance with the StateAid AffirmativeAction Policy against discrimination, no person shall be illegally excluded from full time employment rights in, be denied the benefits of, or be otherwise subjected to discrimination in the program which is the subject of this agreement on -2- 76 the basis of race, creed, color, sex, marital status, public assistance status, age, disability or national origin. 9. Notice For purpose of delivery ot any notices thereunder, the notice shall be effective if delivered to the City Clerk, City of Fridley, 6431 University Avenue NE, Fridley, MN 55432, on behalf of the City of Fridley, and the City Clerk, City of Mounds View, 2401 Highway 10, Mounds �ew, MN 55112, on behalf ofi the City of Mounds �ew. 10. Indemnification The cities mutually agree to indemnify and hold harmless each other from any claims, losses, costs, expenses or damages resulting from acts or omissions of the respective officers, agents or employees relating to activity concluded by either party under this agreement. 11. Entire aqreement requirement of Writinq: It is understood and agreed that the entire agreement of the parties as contained herein and that this agreement supersedes all oral agreements and all negotiations between the parties relating to the subject matter thereof as well as any previous agreement presently in effect between the parties relating to the subject matter thereof. Any alterations, variations or modifications to the provisions of this agreement shall be valid only when they have been produced in writing and duly signed by the parties herein. IN WITNESS HEREOF, the parties of this agreement have fiereto set their hands on the dates written below. CITY OF FRIDLEY ,: William J. Nee Mayor :� Date CITY OF MOUNDS VIEW : Jerome W. Linke Mayor : William J. Burns Date Samantha Orduno City Manager City Administrator -3- %C Date Date EnC�^ec'r�ll^. SeWef V:d:Cr P2'k.s Str�;�t5 �v ain;e^.acc� ME MORANDUM TO: William W. Burns, City Manager �� PW94133 � FROM: John G. Flora,�ublic Works Director � DATE: May 2, 1994 SUBJECT: Change Order No. 1 to 1.5 MG Storage Tank Project No. 212 We have completed the final inspection of the 1.5 MG water tank which was contracted with Rainbow, Inc. We had originally estimated in the contract a hazards waste disposal cost of $30,000 predicated upon the assumption that the lead paint from the sandblasting of the tank would require special handling. Testing of the residual sand during the cleaning process indicated that it was able to be handled as an industrial waste at a disposal cost of $8,168.91. In the contract, we also expecienced a deduct of $16.81 based upon the materials used. Request the City Council approve Change Order No. 1 for the 1.5 MG Water Improvement Project No. 212 for an amount of $8,152.04. JGF:cz Attachment : _� . �. . . CITY OF FRIDLEY ENGINEERING DEPARTMENT 6431 UNIVERSITY AVENUE NE FRIDLEY, MN 55432 Apri126, 1994 Rainbow, Inc. 7324 - 36th Avenue North Minneapolis, MN 55427 SUBJECT: CHANGE ORDER #1 (FINAL) COMMONS PARK WATER TOWER REFURBISHING PROJECT NO. 212 Gentlemen: You are hereby ordered, authorized, and instructed to modify your contract for the Commons Park Water Tower Refurbishing Project Na 212 by adding and deleting the following work: :�� Y•► It�111 Additions to Altitude Valve Vault (See attached documentation) Additional Cost of Waste Disposal (See attached documentation) Total Additions � •► Item Credit for Unidentified Repairs (See attached documentation) Total Deletions Net Change In Contract Amount: II � .n► •:� i Original Contract Amount Contract Additions - Change Order No. 1(Final) REVISED CONTRACT AMOUNT :' su� �i $1,343_00 . .� . . + $9,511.91 $1, 359. 87 - $1,359.87 + $8,152.04 $376, 667.00 R,1� $384,819.04 Rainbow, Inc. Page 2 Change Order #1 (Final) April 26, 1994 Submitted and approved by John G. Flora, Public Works Director, on the 2nd day of May, 1992. _� �� � � �li ed by Approved and accepted this Approved and accepted this Approved and accepted this day of day of day of .. -� > ��� ;:�� _ J . Flora, P.E. irector of Public Works 1994, by HNTB CORPORATION 1994, by RAINBOW, INC. Clark B. Anderson, Controller , 1994, by William J. Nee, Mayor William W. Burns, City Manager BASE BID �- The 24-inch diameter watermain that feeds the Commons Park Water Tower was approximately 11 feet deep rather than the expected 7 feet deep. This necessitated an additional 4 feet of access riser. Also an air release valve and an extemal sensing line were added to the altitude valve vault to improve the sensitivity of the altitude valve. The cost of these additional items was $1,343. � .-� -.� :-�. The firm of AEC Engineers and Designers inspected the Commons Park Water Tower. �'he plans and specifications for the water tower refurbishing were developed based on AEC's recommendations. AEC inspected the water tower in poor light conditions and in an uncleaned condition. Very often, required repairs are missed during the initial inspection because of the poor light conditions and the fact that the water tower has not been cleaned and sandblasted. In anticiparion that additional reqnired repairs would be identified after the water tower was cleaned and sandblasted, the base bid included an allowance of 500 pounds of steel, 100 hours of welding, and 100 hours of grinding to complete the additional required repairs that were not identified during the initial inspection by AEC. Rainbow, Inc. bid the allowance items as follows: •.•►• SrP�t 500 lbs. @ $2.50/lb W .ldin 100 hours @ $55.00/hr (;n� 100 hours @ $55.00/hr $1,250 5,500 1.1 Total Allowance for Unidentified Repa.irs $12,250 Rainbow, Inc. has submitted documentation for the steel, welding, and grinding that were used to make the unidentified repairs. To reduce the cost of making the additional required repairs that were identified after the water tower was cleaned and sandblasted, some of the seams along steel plates were sealed with an 8C 900/009-2501.apr epoxy seam sealer in lieu of seal welding. Rainbow, Inc. has also submitted documentadon of the cost for seam sealing using an epoxy seam sealer. A summary of the costs for maldng the unidentified repairs appears below: •• Steel at invoice amount W .idinu 88 hours @ $55.00/hr C;n� 40 hours @ $55.00/hr Seam S aling, 6201inear feet @ $4.50/l.f. Total Cost of Maldng Unidentified Repairs $ 1,060.13 � :� � �� 2,200.00 ' 1 1.1 $10,890.13 Because the allowance amount of $12,250 exceeds the cost of $10,890.13 for completing this portion of the work, a credit of $1,359.87 resulted. �� �� . . The cost of the work completed under the base bid can now be summarized below: Bid Price Additional Cost of Altitude Valve Vault Credit for Unidentified Repairs Final Amount $376,667.00 + 1,343.00 -1,359 R7 $376,650.13 From this summary, it can be determined that the work under the base bid was completed for slightly less than the bid price_ WASTE DISPOSAL The project specifications required that the spent sand/paint residue stockpile be sampled and tested fvr heavy metals prior to disposal. If the testing results concluded that the spent sand/paint residue could be disposed of as solid waste, the cost of waste disposal was part of the base bid price. An alternate bid was also taken for disposal of the spent sand/paint residue as a hazardous waste. Rainbow, Inc. bid an additional $30,000 for disposal as a hazardous waste. The testing that was conducted determined the lead concentration exceeded the 2.5 milligram per liter limit 900/009-2501.apr � D that would allow it to be placed in a landfill permitted to take non-industrial waste. However, between the time the project specifications were written and the time the waste was disposed of, Browning Ferris Industries (BFn Medina Landfill received a permit to accept industrial waste with lead concentrations of up to 5 milligrams per liter. Because the maximum concentration of lead in the spent sand/paint residue was found to be only 4.3 milligrams per liter, the spent sand/paint residue was disposed of in BFI's Medina Landfill. Because disposal charges are higher at an industrial waste landfill, Rainbow, Inc. is entided to additional compensation for disposal of the spent sand/paint residue at the Medina Landfill. Rainbow, Inc. has submitted documentation that 110.54 tons of waste were disposed of. The disposal cost in the Medina Landfill was $98.90 per ton. Rainbow has requested that they be reimbursed for the disposal cost in excess of the allowance included in their bid ($25.00/ton) for disposal of the waste in a non-industrial waste landfill. This results in an additional amount of $8,171.12 as determined below: � �.� � 110.54 tons @ $98.90/ton a u� � � : � 110.54 tons @ $25.00/ton e e Additional Amount $10,932.41 . 1 $ 8,168.91 Rainbow, Inc. disposed of the waste in accordance with Minnesota Pollution Control Agency pollution control requirements. In doing so, they incurred additional costs. Although an additional $8.168.91 is a significant sum, it is almost $22,000 less than the bid amount for disposal of the waste as a hazardous waste. If BFI's Medina Landfill had not been permitted to accept waste with lead concentrations of up to 5 milligrams per liter, the City of Fridley would. have incurred an additional cost of almost $22,0(}0 for disposing of the waste as a'Hazardous waste. CHANGE ORDER SUMMARY The net cost of Change Order No. 1(Final) is summarized below: Base Bid Credit Extra Cost of Waste Disposal Net Additional Cost : 9ooioo9-?SO�.e�� . .. . .. . . $8,152.04 En,�neenng Sewer water Ipaiks 'Sveets !td.aintenance MEMORANDUM TO: William W. Burns, City Manager ��° � � FROM: John G. Flora, Public Works Director Scott Erickson, Asst Public Works Director��. DATE: May 2, 1994 PW94136 SUBJECT: Award of Street Improvement Project No. ST. 199410 (Sealcoat) On April 26, 1994, we opened the bids for Street Improvement Project No. ST. 199410 (Sealcoat). Five potential bidders received the plans and. specifications and finro (2) bids were received. The low bidder was Asphalt Surface Technologies Corporation (ASTECH), with a total bid of $246,165.41. Based upon the results of the sealcoat testing that was performed by MnDOT and the Metro area cities in 1993, we had incorporated a modified aggregate specification into this year's sealcoat project. At the same time, we had the contractor provide us with a cost to use the standard aggregate specification that has been used in the past. The base bid by ASTECH of $246,165.41 included the use o# the modified aggregate. The alternate bid provided by ASTECH reflecting the use of the standard aggregate specification was for $186,358.04, or a deduct of $59,807.37. MnDOT has notified us that they are willing to contribute $5;000 toward the use of the modified aggregate in order to evaluate its effectiveness. Based upon the substantial increase in cost in using the modifed aggregate, we recommend that the City Council award the Street Improvement Project No. ST. 199410 (Sealcoat) to Asphalt Surface Technologies Corporation for $191,358.04. This includes $186,358.04 for the standard aggregate sealcoat and $5,000 to be applied toward the use of the modified sealcoat aggregate which will be refunded to the City by MnD�T. SE/JGF:cz Attachment � �� �� fPoDCEY BID FOR PROPOSAI.S 1994 STREET lMPROVEMENT PROJECT NO. ST. 199410 (SEALCOA� TUESDAY, APRIL 26, 1994, 10:00 A.M. > , :. ;. ;. , , ALTERNATE ' ; ;Pl�.f�NHC3LDER ' Bt� B01�1tJ T"Cafi�E� BtD BI� Astech Corporation 5% $246,165.41 $186,358.04 POBox1025 St Cloud MN 56302 Allied Blacktop 5% $257,297.71 $188,946.43 10503 89th Avenue Maple Grove MN 55369 Bituminous Paving inc No Bid POBox6 Ortonvilie MN 55428 Bituminous Roadways No bid 2825 Cedar Ave S Minneapolis MN 55407 Caldwel! 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'.i 1 . � R '�~_ 1 '� ���I. ) - _' l. s ` �.�, *� /�� _�_! �`_ - %�� �_` � r� _L �e _- -, _ � _i ` :ZT°��, - _ . .-_. - , � _ =--='�--� , r _ —'�_ � _�/ . --� J Jl� �' 4' :. _--=----'`� _�__ ',' - � P � 1- �--1 I.. _ �rl( - .� `_ _ i!` —. 'i �- �' . i ;�=;�� p� — .._. - ��. _,, �: x. _ , �,�_ � ' � . _ _ �� ''� ..�. F..� - !-'�^� �_ _ —_: . ---....... I� . " �� ��- __ - "'- .. ..3 c.. .... _- - � '-- - � l r- c_ - - � � . _ -�1�:;� - =__ _ =- = = .i.I � , .. � �_ _ - , - - - -- _-= _ _- 6 � �� G ' j� � ___ _ _ _ �, 1� �_l� . =-:_ -- _ _ — : �_. -- "'� a-.'`. . c: - �,LJ'��' i��: �- .- . --- - �- - °'_= ==' - . �"L�•\� � -� �-- " __ _ _•_ _... _ -_ = __ .- � - K Q -;�^�=•:J: ,�'r%�/ �� ' -_ -_ _ - .. __ - _ _--- _.. _ � -_. .. :>;>r. _,(, , _;-_�__ _= _-- =_-_ -=- : _=- - __. _ �.y.�... ; �p = i: ; �� _ _ _= = = == - ==- - =- _ = __= .... =- - _ :�:�L'�;� ' ��,'�_ -__ = --: .. �:_ - -- °_ ___ 9 r---= `!•�'{�; _ . STREET MAP-CITY OF �- . --�-� � �-�,•� = -- .. ' FRIDLEY _ ,- - , � � - - - _ .... _ . .-...- -_ : _- - � � � - - _-.._..... - l + �r_ . V ' , .. ."—____'_'__"____ MEMO TO: FROM: DATE: SUBJECT: WILLIAM W. BURNS, CITY MANAGER ��� �1 CHUCK MCKUSICK, CHIEF� APRIL 18, 1994 RESOLUTION FOR BID RECEIPT AND AWARD OF FIRE APPARATUS CONTRACT The Fire Department received two bid proposals for the manufacture and delivery of a Class A fire engine in response to our advertisements: General Safety Equipment Corporation Pierce Fire Apparatus $279,515 $297,648 Staff has reviewed and evaluated each bidder's written proposal. The General Safety proposal meets all essential contract specifications; the Pierce proposal fails to meet specifications. Accordingly, staff recommends acceptance of the General Safety proposal. LL,J E(1 j�^,CLi.'j,^, �Sewer �'::�'er INa�ks iSt�eets ���fa,ntena^ce ME MORANDUM TO: William W. Burns, City Manager .�� ti � FROM: John G. Flora,� Public Works Director Scott Erickson, Asst Public Works Director� DATE: May 2, 1994 PW94138 SUBJECT: Resolutions for Concrete Street Repair - North and South Innsbruck Area, Street Improvement Project No. ST. 19947 The North and South Innsbruck Concrete Street Repair Project includes the removal and replacement of deteriorated concrete panels, traffic control and restoration of the concrete streets in this area. We have estimated that approximately 5,200 square yards of concrete streets are in need of repair at various locations in these neighbofioods. The first resolution orders the preliminary plans, specifications and project estimates. The second resolution orders the improvement, the final plans and specifications and cost estimates. The final resolution orders the improvement and approval of plans and specifications and orders the advertisement for bids. There are no assessments for this project. Recommend the City Council adopt the resolutions ordering the preliminary plans, specifications and project, the final plans and specifications and ordering the improvement anci approval of the plans-and specification and advertisement for bids for the Concrete Street Repair Project No. ST. 19947. SE/JGF:cz Attachments i1 � �� NOTICE TO BIDDERS CONCRETE STREET REPAIR — INNSBRUCK AREA PROJECT NO. ST. 1994 — 7 Sealed bids will be received and publicly opened by the City of Fridley, Anoka County, Minnesota, at the office of the Public Works Director, 6431 University Avenue N.E., Fridley, Minnesota 55432 (Tel. 571-3450) on Thursday, 2nd day of June, 1994, at 10:00 am. 5, 200 SY 1,000 LF 1,750 LF Remove and Replace Concrete Pavement 1 /3 Depth Saw Cut Full Depth Saw Cut All in accordance with plans and specifications prepared by John G. Flora, P.E., Public Works Director, Fridley City Hall, 6431 University Avenue, N.E., Fridley, MN, 55432 (Tel. 571-3450). Plans and specifications may be examined at the office of the Public Works Director and copies may be obtained for the Contractor's individual use by applying to the Public Works Director and depositing with the Public Works Director $25.00 for each set. The deposit will be refunded to each bidder submitting a bona fide bid upon return of the documents in good condition within ten (10) days from the bid opening date. Bids must be made on the basis of cash payment for work, and accompanied by a cash deposit, certified check (on a responsible bank in the State of Minnesota) or a bidder's bond made payable without condition to the City of Fridley, Minnesota, in an amount of not less than five (5%) per cent of the total amount of the bid. The City Council reserues the right to reject any and all bids and to waive any informalities in any bids received without expfanation. No bid may be withdrawn for a period of sixty (60) days. By order of the City Council of the City of Fridley, Minnesota. Dated this 2nd day of May, 1994. Published: Fridley Focus May 10, 1994 May 17, 1994 May 24, 1994 John G. Flora, P.E. PUBLIC WORKS DIRECTOR Construction Bulletin May 13, 1994 May 20, 1994 May 27, 1994 11A 7 � • ' . ...�.. .... .. . i� . ..�' �.� —' � _ . .' � -. ._... �" ' ' _... . Y.^..'!�l. Si:l�Ol � ; �"'�.�� -. .`..= .....-.-_ -__ � ` :x$iF�C"S ___ OlSi7CTS `� r�� fl} _ l..- .' -1 A �i � , '. . _... � .. { __ I \ _� x;: _1,.._.� � . � � ;i '--' - _ _ �' = - � - - - � �}` .. � �Y , _ _ ' y. • _ _ , ` - _ _ _ - ��`�� ��',4� '� '� �+I ._. -� j� �;'' - � -- - i � - - . 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I �^t'. � o_`.- i -_ _" _ __" _ _ _ - Q��;1`..--- i - ���,� jj = - -" .. . -- _ _ _ �::` r�T1,� = -_-_ � __� _ __ ° o- ' �' il = . . a � '- _ ' �' '-- T�. i ; - = _ _ _ �, ' �:'� . + _l lL � _ _' = _ _ _ _ _' _ -,�.- -� � _ ,1.:,��: --..- -.. _ = __ -- = _. : __ `, ° ,L��,,:'; V' � _= __'-�� -I - = _- _ �__: � ��� ^ - _ -- = _ _ ; � � �.T�y��� �,y. = i _ __ _ ___ _ '_'•_ _ ^�-. . . _" _"' .- - _ ;0 -��� ;�;, � __::�_:� �= _- = =_ - == = __ - ' � ���=��' '�'_ = ==-_ - ��= _= �=:� - ===--..= _== -�_.- I =r�; :'d`�'�---l-�^f..iJ• ___.�.. _ _ : .. _.. .. _ .. __ _ ' . � = ,��ii� �� --' - `�:. :. -_' .:: :a..`:�.: . ._:;i,� � �TREET MAP-CITY OF __ _ �' ' FRIDLEY --- _- p -- - - _ _ __. . .-:... _._ �. - —_ _ __= ___: -.�--,. .. . � . __ _ s R�TE i I / of F�idiey ate of Minnesota Beginning Balance(Estimated) Revenues Funds Avaifable Proiects Ending Baiance 82gir�ning Balance Rc,V@f1U°S Funds Available Projects UNAUDITED 5 YEAR CAPITAL IMPROVEMENT PLAN DRAFT BUDGET 1995 Streets Capital Improvements 1994 Interesi Income Minnesota State Aid — Construction Grant Total Revenues Carryove� from previous year: Sealcoating Ove�lay 1993 Street Reeonstn�ction Project University Avenue Bikeways Opticom 81 st/83rd East River Road Upgrade — Phase Ill New Projects: 1994 Sealcoat Program 1994 Street Reconstruction Project —Stinson Boulevard Upgrade —Kerry Lane Replaceme�t -Co�crete Street Repair —Central Avenue Bike Path —UniversityAvenue Bike Path Main Street Signals at Wal—Mart — County Road 5(EVP) Signals at Unity Hospital & Osborne (EVP) Signal Improvements Total Projects 1995 Interest Income Minnesota State Aid — Construction Total Revenues 1995 Overlay Program 1995 Sealcoat Program 1995 Street Reconstruction Project Signal (E1/P) lmprovements Total Projects 11C $7,108,634 284,345 600,000 1 10,000 994,345 8,102,979 100,000 263,000 209,000 t 25,000 30,000 275,000 224,000 1 10,000 75,000 250,000 65,000 so,000 sso,000 1 10,000 40,000 i 1,000 24,000 1,°71,000 �6.131.979 Sfi,13 �,979 2� �.279 cS�.OGJ r • - 279 ' 7,C"',?`:3 90,000 140,000 500,000 36,000 766,000 RFSO?�TPIaId 1�. - 1994 •I:r��• 1 •; • •I�::i1• � ' •1�1 1 U r• y • :rN�" N• •1 � I� :r� � r� � • ' •�. Y:15i•Jy• " •�i �1'1 •�:rl '1:+1• • �' • '.IY: • I� �-�'1 Y: � I ��1:i'J M' • 'I�I� • •,• ? • 1�W, �ORE, BS IT RE�OLVED by the City Cauncil of the City of F�idley as follaws: 1. That it ap�ears in the interests of the City and of the property awr�ers affec.-ted that there be constxucted c�ert+ain imprave�n�ents to-wit: Street im�rwe9ments, inclwding conGrete panel remaval ar�d replace�nent, traffic control aryd restorati�, grading, stabilized base, � hot�mix bitiuninaus mat, concrete curb and gutter, sidewalks, stornm sewer system, landscaping and othex facilities as follcyws: Reconstruction Concrete repair of North ar�d South Innsbruck area That the work irYVOlved in said improvements listed abave shall hereafter be designated as: a"i,�'�.�—� •i:� •�:�• � �• •1•��: • i� ; � � �: � i tiy:�•�1 N• • •�:,�� •, • :r • 2. That the Public Works Director, Jahn G. Flora, City Hall, Fridley, I�Mi, is hereby authorized and direct:ed to draw the prel�minary plans and specifications and to tabulate the results of this est�mates of the costs of said i�rav�nents, includi.rig every it�n of c�ost frotn inaeption to c�anpletion and all fees and expenses iricurYed (or to be incurred) in oonnection. there�aith, or the financing thereof, and to make a preliminary rep�rt of hi.s findings stating therein whether said impravements are feasible and whether they can best be made as pr�p�ed, or in oonnection with same othex in�ravexnerits (and the estimated oost as rec�mierxled) , includirig also a description of the lands or area as may reoeive b�x�efits therefrcan and as may be . Pro� to be assessed. 3. Zhat said preliminary report of the Public Works Direcr:or sha11 be furnished to the City Council. PASSID AI�ID ADOPI�D BY TI� CITY OOLAJCIL OF Z4� CITY OF FRIDLEY TfII3 21�ID IaAY OF 1�+iY, 1994. r_VMY�.`�IY�I�� WILLIAM A. (�IAMPA - CITY CLEf2K 11D WILLIAM J. NF� - MAYOR RE80LUrI�T 1�A. - 1994 •�� • 1 il� ••��,�i• � � �� •,� �� �:� � r• � i� •:rw�' v• •� ti �� � r• • ' •�. Y:I�I'J:r• •�� M•J' •�;ri •J�1' • �' • '� : I� : ��1 Y. � I ti. : M' • �I• ', • ? • W�S, Resolution No. — 1994 ordered the prel�m;narv plans, specifications and estimates of the costs thereof for the it�rovements in this pr�ject, arid Wt�REAB, there are no on this maintenance �rk ar�d a public hearing on the matter of the oonstruction is not required for this project, and �,5, the City Coiuicil has detenained a izeed to reaonstruct oertain streets to maintain them in a safe condition and at a re�sonable o�st. I�7NT T�ORE, BE IT RESOLVED, by the City Council of the City of �idley, Anoka County, Minnesota, as follaas: 1. That the follawing irnproveme.��ts proposecl by Council Resolution No. - 1994 are hereby ordered to be effected and cxmq�leted as soon as reasonably pbssible, to-wit: Street i�ravements, includirig ooncrete stxeet panel. re�moval. arri replaoe�nent, traffic control and restoration, grading, stabilized base, hot mix bitimiinou.s mat, concrete curb and 9uttex, s'torm s�wer system, landscaping, and other facilities. 2. 'I�at the �Torth and South Innsbruck concrete streets be irx�orporated in the 1994 Street Ittq�ravement Project No. ST. 1994-7: •�i �• • a+ •��• - �• • •� • • i� �� � r. � i ;.y:�•�� «• • •��+� 3. �at the work to be perfozmed tmder this proj ect may be perfonned urider one or more contracts as may be deemed advisable upc�n receipt of bids. 4. Zhat the Public Works Director, John G. Flora, City Hall, Fridley, Minnesota, is hereby designated as the �ginee,r for this i�ravement. He shall prepare final plans and specifications for the making of such imprwements. PASSID AI`ID ADOPI� BY Ti�: GZTY QOt�1CII, OF Z� CITY OF FRIDI�Y �3 2rID DAY OF 1�Y, 1994. ATI�STID: WILLIAM A. Q�MPA - CITY CL�'2K 12 WILLIAM J. NEE - MAYOR RESOLITrI�T PU. - 1994 A RE80LUiI�T ORD�ERIIaG A1�ID APP'1mV�L OF PI�iNS AI�ID ORDIItING F+OR BIDB: Q0�'PE SZ�tE�P REP1�iIR - 1�U1rI�i AI�ID 80UTIi Il�II�SBRLTCR Al2F� PRUTDGT I�A. ST. 1994 — 7 w�, Resolution No. — 1994 ordered the preliminary plans, specifications and estimates of the costs thereof for the im�rovements in this project, and Wf�3, a public hearing on this project i.s not required as no a�ts are anticipated, Wf�F�S, Resolution No. — 1994 ordered final plans and specifications and estimates for this improvement. NDW �ORE, BE IT RE90LVID, by the City Council of the City of FYidley, Anoka County, Minnesota as follcxas: 1. That the follawing iYt�ravements proposed by Council Resolution No. — 1994 are hereby ordered to be effected and canq�leted as soon as rea.sonably possible, to-wit: Street i�ravements, including concrete panel remaval and replacement, traffic control and restoration, grading, stabilized base, hot mix bitiuninous mat, concrete curb and gutter, sidewalks, stornm sewer system, lar�3scaping, ar�d other facilities located as follaws: �.'i'E S1�2EEr REPAIR - I�URTii ADID 80i1Tli II�Il�JCK AREA PIi�TEGT 1�. ST. 1994 — 7 Reconstruction Concrete panel replacement on portions of streets in the north and south sections of Innsbruck. That the work irivolved in said it�ravements listed abave shall hereafter be designated as: QO�CRE'I'E SI't2EET REPAIR - 1�URTH ArID 80UI�i Ir�SB�TGR AREA PRUTDGT PU. ST. 1994 — 7 2. The plans and specifications prepared by the Public Works Departmexlt for such i�ravements and each of them pursu,ant to the Council resolutions heretofore adopted, a copy of which plans and specifications are hereto attached and made a part thereof, are hereby apprwed and shall be filed with City Clerk. The Public Works Director shall acco�iirigly prepare and cause to be inserted in the official newspaper advertisemP.nts for bids upon the making of surh i�rovements under such appraved plans and specifications. The advertisement shall be published for (3) three wee.ks (at least 21 days), and shall specify the work to be done and will state the bids will be opened and considered in the Council c�ambers of the Fridley Municipal Center and that no bids will be considered unless sealed and filed with the Public Works Director and acco�anied by a cash deposit, bid bond, or certified check payable to the City for five percent (5%) of the amount of such bid. That the advextisement for bids for QONCREI'E STREEP REPAIR - I�URT�I 1�ID 90UTfi II�TCR AREA PRUTEC,T I�U. ST. 1994 — 7 shall be substantially in the standard form. PASSID A1�ID ADOPTID BY Tf� CITY QOIA�IL OF TF� CI.'1'iC OF FRIDLEY TI�S 2PID DAY OF MAY, 1994. A�SPED: WILLIAM J. NEE - MAYOR wzr�s� A. c��A - crrY cL� 13 � -- City of Fridley [�, Recreation & Natural Resource Department 6431 University Avenue NE, Fridley, Minnesota 55432 Phone # 612-572-3570 Fax # 612-571-1287 April 29, 1994 M� FR: William W. Burns �� City Manager � Jack Kirk �' Director RE: R.AY THOMPSON I1Tl'LE LEAGUE FIELDS Attached is a resolution to officially change the name of the Little League Fields to "Ray Thompson. Little League Fields". 11ie Little League. Association opens their 1994 season on Monday, May 9th, and will recognize the new name at the pre-game ceremony. After talking with the Little League President, Mike Heintz, I will get back to you with more information regarding the opening night program. JK:sj 14 JK94-65 � RFSOLUTIOIV NO. - 1994 RESOLUTION CHANGING THE NAME OF TI� LiTTLE LEAGUE FIELDS TO R.AY THOMPSON LiT12E LEAGUE FIELDS WHEREAS, Ray Thompson loved baseball and voluntarily maintained the Little League Baseball Complex for many years in ihe late 1960's and through the 1970's; and WHEREAS, Mr. Thompson groomed, watered and prepared the fields for games and practices; and WHEREAS, the fields were recognized as being among the finest Little League fields in the state under Mr. Thompson's care; and WHEREAS, the Fridley Little Leagae Association had officially named the fields in honor of Ray Thompson when the Little League Association operated and maintained the fields on their own in the 1970's; and WHEREAS, extraordinary volunteers, such as_ Mr. Thompson, should be recognized for their efforts; and WHEREAS, the City of Fridley Parks & Recreation Commission has recommended to the City Council that the Little League Celds be renamed "Ray Thompson Little League Fields". NOW, THEREFORE, BE TT RESOLVED by the City Council of the City of Fridley officially name the City of Fridley Park at 5875 lefferson Street N.E. as "Ray Thompson Little League Fields'. PASSED AND ADOPTED BY THE C1TY COUNCIL OF THE CTTY OF FRIDLEY TH1S DAY OF , 1994. ATTEST: . � WILLIAM J. NEE, MAYOR � City of Fridley [� Recreation & Natural Resource Department 6431 University Avenue NE, Fridley, Minnesota 55432 Phone # 612-572-3570 Fa�c # 612-571-1287 April 29, 1994 TO: William W. Burnsj�� City Manager "` � RE: Jack Kirk �k- Director BOARD OF GOVERNMENT INNOVAI'ION & COOPERATION GIiAN'r The State of�Minnesota Board of Government Innovation & Cooperation has awarded the cities of Fridley, Mounds View, New Brighton, and Spring Lake Park a$75,000 grant towards the Regional Senior Center Project. The attached resolution needs to be passed and adopied by the Fridley City Council before the grant contract can be executed. The resolution authorizes and directs you to sign the contract so that it can be submitted to the State for the grant funds. Also attached is a copy of the grant contract the City will enter into with the State of Minnesota. . JK:sj 15 JK94-64 RESOLUTION NO. - 1994 RFSOLUTION AU'1�iOR�ZING 'THE ENTERIlYG OF A GRANr CON'IRACT Wl'I'H 'I��E BOARD OF GAVERNMENT II�NOVA'IION AND COOPERATION FOR PROVIDING A REGIONAL SEMOR CITIZEN PRUGRAM Grant contraci for providing a regional senior citizen program from the Board of Government Innovation and Cooperation (hereinafter Board) to City of Fridley (hereinafter Grantee) on behalf of the cities of Fridley, Mounds View, New Brighton, and Spring lake Park. WHEREAS, the cities of Fridley, Mounds View, New Brighton, and Spring Lake Paric have a need for a grant to provide comprehensive senior citizen programs and services operated out of a regional senior center facility; and WHEREAS, ihe Board has awarded the cities of Fridley, Mounds View, New Brighton, and Spring Lake Park a grant of $?5,000 in order to accomplish the Project; and WHEREAS, the Grantee is a local government unit organized under the taws of the State of Miruiesota; and WHEREAS. the Grantee understands that the Board will not reimburse the Grantee for any costs incurred for the Project prior to the date on which the grant contract is executed; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley that the Grantee . hereby authorizes and approves the execution of a grant contract with the Board for $?5,000 to accompiish the Project; and BE TT RESOLVED that the Grantee's City Manager is hereby authorized and directed to sign and submit a grant contract for the said grant funds. PASSED AND ADOPTED BY THE C1TY COUNCII. OF 1� CTTY OF FRIDLEY TI�S DAY OF . 1994. AITEST: WILLIAM J. NEE, MAYOR WILLIAM A. CHAMPA, CITY CLERK 15A JK94-59 Grant Contract No. 6100-24519-01 between the Board of Government Innovation and Cooperation and the City of Fridley STATE OF MINNESOTA GRANT CONTRACT THIS GRANT CONTRACT, which shall be interpreted pursuant to the laws of the State of Minnesota between the State of Minnesota, acting through its Board of Government Innovation and Cooperation (hereinafter BOARD), And: City of Fridley Address: 6431 University Avenue Fridley, Minnesota 55432 Soc. Sec. or MN Ta�c ID No.: 8030301 Federal Employer ID No. (if applicable): 41-6007700 (Notice to grantee: you are required by Minnesota Statutes, Section 270.66, to provide your social security number or Minnesota Tax identification number if you do business with the State of Minnesota. This information may be used in the enforce�nt of federal and state tax laws. Supplying these numbers could result in action to require you to file. state tax returns and pay delinquent state tax liabilities. This grant contract will not be approved unless these numbers are provided. These uumbers will be available to fcderal and state tax authorities and state personnel involved in the payment of state obligations.) on behalf of the Cities of Fridley; Mounds View, New Brighton, and Spring Lake Park (hereinafter GRANTEE), witnesseth that: WHEREAS, the BOARD, pursuant to Minnesota Statutes 465..80 is authorized to award Service Sharing grants; AND WHEREAS, the BOARD has awarded a Service 5haring grant to the GRANTEE; AND WHEREAS, the GRANTEE represents that it is duly yualified and willing to perform the duties set forth herein, NOW THEREFORE, it is agreed: L GRANTEE'S DUTIES. The GRANTEE, who is not a state employee, shall provide fully integrated senior citizen programs to the residents of the Cities of Fridley, Mounds View, New Brighton, and Spring Lake Park at a Regional Senior Center. As described in the Service Sharing Grant application submitted by the GRANTEE and hereby incorporated by reference, the GRANTEE shall: Page 1 of 8 15B Grant Corttract No. 6100-24519-01 between the Board of Governinent Innovation and Cooperatiorc and the City of Fridley A. By January 1, 1997, design a Regional Senior Center, acquire land on which to build a Regional Senior Center, construct a Regional Senior Center, furnish a Regiona.l Senior Center, and begin to deliver senior citizen programs at a Regional Senior Center. B. Prepare a written summary of the GRANTEE's activities in planning for and implementing fully integrated senior citizen programs for the residents of the Cities of Fridley, Mounds View, New Brighton, and Spring Lake Park at a Regional Senior Center. The written summary shall include: 1. A description of the process used to develop a plan for a Regionai Senior Center, including a list of the parties involved in the planning, a timeline for the planning process, and a description of the involvement of potential clients of the Regional Senior Center; 2. A copy of the Joint Powers Agreement developed for the Regional Senior Center; 3. A description of how the Regional Senior Center was built; including design, land acquisition, construction, and building furnishing; 4. An assessment of the GRANTEE's success in achieving fully integrated senior citizen programs at a Regional Senior Center; and 5. A description of the problems encountered in the development of the Regional Senior Center, a description of how the GRAI�TTEE addressed those problems, and ideas of how those problems could have been prevented. The written summary shall be submitted to the BOARD by April 1, 1997. II. CONSIDERATION AND TERMS OF PAYMENT. A. Consideration for all services performed and goods or materials supplied by the GRANTEE pursuant to this grant contract shall be paid by the BOARD as follows: 1. The total obligation of the BOARD for all compensation and reimbursements to the GRANTEE shall not exceed seventy-five thousand dollars ($75,000.00). 2. Reimbursement for travel and subsistence expenses actually and necessarily incurred by the GRAIVTEE's performance of the grant contract shall not exceed zero dollars ($0.00), provided that the GRANTEE shall be Page 2 of 8 15C Grant Contract No. 610�0-24519-01 between the Board of Govenunent Innovation and Cooperation and the City of Fridley reimbursed for travel and subsistence expenses in the same manner and in no greater amount than provided in the current "Commissioner's Plan" promulgated by the Commissioner of Employee Relations. The GRANTEE shall not be reimbursed for trave� and subsistence expenses incurred outside the State of Minnesota unless it has received prior written approval for such out-of-state travel from the BOARD. 3. Compensation shall be consistent with the Project Line Item Budget below. The GRANTEE shall not seek, nor shall the BOARD pay, compensation to the GRANTEE for any indirect, overhead, or administrative costs not otherwise included as an expense within the Project Line Item Budget. Project Line Item Budget The GRANTEE shall adhere to the following project budget in performing its duties and responsibilities as specified in this grant contract: Grant Grantee � Total Construction Costs $ Architectural and Engineering Costs Furnishings Construction Related Testing and Survey Costs Land Acquisition Costs Total 0 $1,927,149 $1,927,149 0 134,900 134,900 0 75,000 75,000 0 10,000 10,000 75.000 175.000 250.000 $75,000 $2,322,049 $2,397,049 Modifications of the "Grant" cofumn in the above line item budget of less than 10 percent of any line item are permitted without prior approvai by the BOARD, so long as notification of such modifications is made through the submitted quarterty expenditure reports. Provided, however, that the total obligation of the BOARD for all compensation and reimbursements to the GRANTEE shall not exceed seventy-five thousand dollars ($75,000.00). The GRANTEE may modify any line item in the "Grantee" column without notification to or approval by the BOARD. Page3of8 15D Grant Contract No. 6100-24519-01 between the Board of Government Innovation arad Cooperation and the City of Fridley B. TERMS OF PAYMENT l. A lump-sum payment of seventy-five thousand dollars ($75,000.00) shall be made by the BOARD promptly after this grant contract is executed. 2. The GRANTEE sha[I submit a quarterly financiai report listing expenditures for services performed under this grant contract. The GRAIVTEE shall maintain documentation of its expenditures through receipts, invoices, travel vouchers; and time sheets. Financial reports shall be submitted in a form prescribed by the BOARD. The GRANTEE agrees to provide the BOARD with iinancial reports that are due on the dates listed below: July 15, 1994 October 15, 1994 January 15, 1995 April 15, 1995 July 15, 1995 October 15, 1995 January 15, 1996 April 15, 1996 July 15, 1996 October 15, 1996 January 15, 1997 III. CONDITIONS OF PAYMENT. All services by the GRANTEE pursuant to this grant contract shall be performed to the satisfaction of the BOARD, as determined in the sole discretion of its authorized agent, and in accord with all applicable federal, state, and local law, ordinance, rule, or regulation. IV. TERM OF GRANT CONTRACT. This grant contract shall be effective on June 1, 1994, or upon such date as it is executed as to encumbrance by the Commissioner of Finance, whichever occurs later, and shall remain in effect, except for the requirements specified in this grant contract with completion dates that extend beyond the termination date specified in this sentence, until April 15, 1997, or until all obligations set forth in this grant contract have been satisfactorily fulfilled, whichever occurs first. A. The GRANTEE shall have ninety (90) days immediately foilowing the end of the grant contract period to liquidate all unpaid obligations related to the project Page 4 of 8 15E Grant Contract No. 6100-24519-01 between the Board of Government Innovation arad Cooperation and the Ciry of Fridley incurred prior to the end of the grant period and to submit a detailed accounting of these cumulative expenditures to the BOARD. B. The GRANTEE will return to the BOARD all funds provided by the BOARD that are not expended for allowable project costs within ninety (94) days following the end of the grant contract period. C. Should the BOARD find that the GRANTEE did not construct a regional senior citizen center facility according to the terms of this grant contract, the BOARD may require the GRANTEE to repay all or a portion of the grant contract monies. V. CANCELLATION. A. Upon the GRANTEE's failure to comply with any provision of this grant contcact, the BOARD may terminate this grant contract. The termination shall be effective upon the BOARD giving the GRANTEE written notice at its last known address. Should the GRANTEE fail to comply with the provisions of this grant contract, the GRANTEE shall refund to the BOARD all grant monies previously paid. B. The BOARD or the GRANTEE may cancel this grant contract at any time, with or without cause, upon thirty (30) days written notice to the other party, In the event of such cancellation, the GRANTEE shall be entitled to payment, determined on a pro rata ba.sis, for services satisfactorily performed. C. Should this grant contract be terminated prior to the scheduled date, the GRANTEE shall refund to the BOARD all remaining unexpended grant contract monies within forty-five (45) days of the date of effective termination. VI. BOARD'S AUTHORIZED AGENT. The BOARD's authorized agent for the purposes of administration of this grant contract is Pati Maier, Executive Director, or her successor in office. Such agent shall have the authority to accept the GRANTEE's services and if such services are accepted as satisfactory, shall so certify on each quarterly financiat report submitted pursuant to Section II, paragraph B. VII. ASSIGNMENT. The GRANTEE shall neither assign nor transfer any rights or obligations under this grant contract without the prior written consent of the BOARD. VIII. AMENDMENTS. Any amendments to this grant contract shall be in writing, and shall be executed by the same parties who executed the original grant contract or their successors in office. Page 5 of 8 15F Grant Contract No. 6100-24519-01 between the Board of Government lnrtovaZion and Cooperation and the Cityo uf Fridley IX. LIABILITY. The GRANTEE agrees to indemnify and save and hold the BOARD, its agents, and employees harmless from any and all claims or causes of action arising from the performance of this grant contract by the GRAIVTEE or the GRANTEE's agents or employees. This clause shall not be construed to bar any legal remedies the GRANTEE may have for the BOARD's failure to fu1fi11 its obligations pursuant to this grant contract. X. AUDIT REQUIREMENTS. The books, records, documents, and accounting procedures and practices of the GRANTEE relevant to this grant contract shall be subject to examination by the BOARD, the legislative auditor, and the state auditor. Records shall be sufficient to reflect all costs incurred in performance of this grant contract. The GRANTEE also agrees to make all its financial records to the grant contract available to the BOARD upon request during normal working hours and to provide, upon request, a copy of any report, completed by an independent auditor, to the BOARD. XL ACCESS TO DOCUMENTS. The BOARD shall have access to any reports, studies, photographs, negatives, videotapes, software, or other work products prepared by the GRANTEE in the performance of its obligations under this grant contract upon completion, termination, or cancellation of this grant contract. The GRAN'I'EE shall provide a copy of such materials to anyone who requests it at no cost other than the cost of preparing the copy. XIL WORKER'S COMPENSATION. In accordance with the provisions of 1Vlinnesota Statutes, Section 176.182, the GRANTEE has provided acceptable evidence of compliance with the worker's comperisation insurance coverage requirement of Minnesota. Statutes, Section 176.181, subdivision 2. XIII. ANTITRUST. The GRANTEE hereby assigns to the State of Minnesota any and all claims for overcharges as to goods and/or services provided in connection with this grant contract resulting from antitrust violations that arise under the antitrust laws of the United States and the antitrust laws of the State of Minnesota. XIV. VOTER REGISTRATION. The GRANTEE shall provide nonpartisan voter registration services and assistance, using forms provided by the BOARD, to employees of the GRANTEE and the public, as reyuired by Minnesota Statutes, Section 201.162. XV. USE OF GRANT CONTRACT F'LJNDING. The GRANTEE certifies that no funding provided under this grant contract will be used to support religious counseling or partisan political activity. � � � � � Page6of8 15G Grant Contract No. 6100-24519-01 between the Board of Government lnnovation and Cooperation and the City of Fridle�� XVI. OTHER PROVISIONS. A. The GRANTEE agrees to uti(ize competitive bidding and other procedures required by federal, state, and local laws, ordinances, or regulations governing purchasing and fiscal procedures. B. The GRANTEE agrees to provide the BOARD with grant contract status reports, which are due on the dates listed be(ow: July 15. 1994 October 15, 1994 Januar}� 15, 1995 April 1�, 1995 July 15, 1995 October 15, 1995 January 15, 1996 April 15, 1996 July 15, 1996 October 15, 1996 � January 15, 1997 C. The BOARD shall, during the course of this grant contract, evaluate the GRANTEE's progress towards the goals and objectives of the grant contract and compliance with any special conditions. The BOARD reserves the right to request additional information from the GRANTEE to carry out its evaluation. D. IF the GRANTEE decides to fulfill any of its obligations and duties under this grant contract through a subcontractor to be paid for by funds received under this grant contract, the GRANTEE shall not execute a contract with the subcontractor or otherwise enter into a binding agreement until it has first received written approval from the BOARD. The BOARD will respond to requests from the GRANTEE for authorization to subcontract within ten (10) working days of receiving the request. The GRANTEE's payment to the subcontractor shall be made within the time limits, subject to the interest penalty payments, and subject to all other provisions of Minnesota Statutes section 16A.1245. There are no further substantive provisions to this contract; the signatures of the authorized representatives of the parties to this grant contract who are executing it on their behaif appear on the next page. Page 7 of 8 15H Grant Contract No. 6100-24519-01 between the Board of Government Innovation and Cooperation and the Ciry of Fridley IN WIT'NESS WHEREOF, the parties have caused this grant contract to be duly executed, intending to be bound thereby. (1) GRANTEE: (3) ATTORNEY GENERAL: By: By: Title: Date: : Title: Date: (2) BOARD: By: Title: Date: Title: Date: (4) COMMISSIONER OF ADMINISTRATION By: Title: Date: (5) COMMISSIONER OF FINANCE By: Title: Date: Page 8 of 8 151 16 17 � ' FOR CONCURRENCE BY THE CITY COUNCIL CI7YOF FRIDLEY May 2, 1994 Page 2 PEDDLER'S(Interstate Commerce Solicitor) LICENSES Greenpeace A.M.Lealos . David Sallman 212 N. 3rd Ave. Public Safety Director Mpls. MN 55401 JUNK YARDS Fridley Auto Parts Same " 7300 Central Ave.N.E. Fridley, MN 55432 Sam's Auto Parts Barry Hoosline " 1240 73 2 Ave. N. E. Fridley, MN 55432 Skip's Central Same " Auto Parts 1201 732 Ave.N.E. Fridley, MN 55432 USED MOTOR Vf HICLE �� � � �� �� �� Brookdale Chrysler Barbara Dacy Wilkens Dodge Minar Ford Fr�dley Chevrolet Geo PEDDLER'S(Charitable) Fridley V.F.W. 1040 Osborne Rd. N.E. Fridley, MN 55432 Mer1e Sheffield Comm. Dev.Dir. �� �� �� �� �� �� �� �� �� David Sallman Pub7ic Safety Director Exempt $350.00 $350.00 $350.00 Already Approve �� � �� � �� � Exempt � � FOR CONCURRENCE BY THE CITY COUNCIL CIlYOF FRIDLEY May 2 , 1994 Type of License: By: BILLIARDS Sports Spree American Amus. 1001 E. Moore Lk.Dr. Fridley, MN 55432 CIGARETTE Avanti dba Total James P. Hill 6101 University Ave. N.E. Fridley, MN 55432 Avanti dba Total James P. Hill 5300 Central Ave.N.E. Fridley, MN 55421 ENTERTAINMENT Sports Spree American Amus. 1001 E. Moore Lk.Dr. Fridley, MN 55432 FOOD ESTABLISHA1ENT Avanti dba Total James P. Hill 5300 Central Ave. N.E. Fridley, MN 55421 Avanti dba Total " " 6101 University Ave.N.E. Fridley, MN 55421 Hardee's TNP Inc. 289 57th Ave.fV.E. Fridley, MN 55432 New Horizon Foods Nea� Horizon Foods Inc. 6499 University Ave.N.E. - Fridl�y, MN 55432 Old Country Buffet Buffets,Inc. 6540 University Ave.N.E. Fridley, MN 55432 MOTEL Budget Host Sunliner Inn WMRS �1ote1 Inc. 6881 Hwy. 65 N.E. Fridley, MN 55432 LICENSES Approved By: David Sallman Public Safety Director �� �� �� �� �� �� �� �� �� Richard Larson Fire Inspector Fees: $70.00 $12.00 $12.00 $85.00 $45.00 $45.00 $45.00 $45.00 $45.00 $195.0 FOR CONCURRENCE BY THE CITY COUNCIL Lino Lakes Blacktop 502 'Lilac Lino Lakes MlN 55014-1053 Minnesota Roadways Co l47 N Jonathan Blvd �{9 Chaska MN 55318-1399 ELECTRICAL Collisys (Callins Electric) 1209 Glenwood Ave Minneapolis MN 55405-1489 Donnelly Electric Inc 1126 Rice St 5t Paul MN 55117-4923 Fraenkel Electric Inc 3851 Central Ave NE Columbia Heights MN 55421-3980 Gunnar Electric Co Inc 79b0 Eden Prairie Rd Eden Prairie MN 55347-1157 Industrial Electric Co 600S9St Minneapolis MN 55404-I104 Prairie Electric Co Inc 6595 Edenvale Blvd #120 Eden Prairie MN 55346-2567 Premier Electrical Corp 3400 48 Ave N Minneapolis MN 55429-3927 EXCAVATING Carl Bolander & Sons Co 251 Starkey St St Paul MN 55107-0216 Betty Ramsden Jack Mueller , Richard Boe Edward Sobanski Morris Fraenkel Forrest Walters Gary Novak Ron Oswald Fred Jahnke Mary Patraw . . LICENSES JOHN PALACIO Chief Bidg Ofci Same STATE OF MINN Same Same Same Same Same Same JOHN PALACIO Chief Bldg Ofcl United Water & Sewer Co 11666 Wayzata Blvd Minnetonka MN 55305-2009 James Spetz GAS SERVICES Cedarview Heating & Cooling 19187 Main St NW Cedar MN 55011-9101 Bradley Gusk St Marie Sheet Metal Inc 7940 Spring Lake Park Rd Spring Lake Park MN 55432-2253 Paul St Marie Thompson Air Inc 5115 Hanson Ct Minneapolis MN 55429-3108 Floyd Thompson Fred Vogt & Co 3260 Gorham Ave St Louis Park MN 5542b-4189 Donald Bell GENERAL CONTRACTOR-COMMERCIAL All-Temp Distribution Co 5400 Main St NE Fridley MN 55421-1150 John Holman Bruggeman Jim Companies 420 E Co Rd D Little Canada MN 55117 Dalco Roofing & Sheet Metal Inc 15525 32 Ave N Plymouth MN 55447-1494 R J Ryan Construction Inc 6511 Cedar Ave S Minneapolis MN 55423-1842 Sheehy Construction Co Inc 360 W Larpenteur Ave St Paul MN 55113-6794 Steiner Deveiopment Inc 3b10 S Hwy 101 Wayzata MN 55391-3424 Jim Bruggeman Richard Trumble 3ohn Huenink Jim Schoenberger David Dista.d 18C Same GARY FORD Bldg/Mech Insp Same Same Same JOHN PALACIO Chief Bldg Ofcl Same Same Same Same Same GENERAL CONTACTOR-RESIDENTIAL Automatic Garage Door & Fireplace (1990) 220 77 Ave NE Fridley MN 55432-2598 Bud Van Hatten Berglund Builders Inc (2552) 114I7 Xenia Ave N Champlin MN 55316-2905 Bruggeman 1im Companies (5359) 420 E Co Rd D Little Canada MN 55117 Budget Exteriors Inc (6564) 8017 Ncoilet Ave S Bloomington MN 55420-1229 Carpentry By Korpi (2328) 10228 Sunrise Rd Harris MN 55032-3118 D & B Home Improvements (7773} 1568 Ballentyne Ln Spring Lake Park MN 55432-2178 Gittleman Construction Corp (NONE) 7900 Xences Ave S #1920 Bloomington MN 55431-1150 Gudmunsen Remodeling (2632) 1405 Silver Lake Rd New Brighton MN 55112-9301 Kevin Thius Jim Bruggeman Todd Shi?z Gary Korpi Dan Burns Sue Taylor Larry Gudmunsen Lundgren Bros Construction (1413) 935 E Wayzata Blvd Wayzata MN 55341- Scott Benge Midwest Restoration & Construction Inc (5267) 1121 80 Ave NE Minneapolis MN 55432-20Q0 Gary Wruck PTL Contracting (5294) 2526 Ferry St N Anoka MN 55303 Paul Leyendecker : �� STATE OF MINN Same Same Same Same Same Same Same Same Same Same Potvin Construction Co (5158) 7216 Candlewood Dr Brooklyn Park MN 55445-2503 Twin City Exteriors Co Inc 9060 Zachary Ln N #108 Maple Grove MN 55369-4083 United Siding Contractors (4057) 3409 109 Ave NW Coon Rapids MN 55433-3818 HEATING Cedarview Heating & Cooling 19187 Main St Cedar MN 55011-9101 Gilbert Mechanical Contr 4451 W 76 St Edina MN 55435-5111 Horwitz Inc 50()Q N Hwy 169 Minneapolis MN 55428-4043 Kalmes Mechanical Inc 15440 Silverod St NW Andover MN 55304-3037 St Marie Sheet Metal Inc 7940 Spring Lake Park Rd Spring Lake Park MN 55432-2253 Vogt Fred & Company 326Q Gorham Ave St Louis Park MN 55426-4189 MOBILE HOME INSTALLER Mobile Movers 525 105 Lane NW Coon Rapids MN 55448-4908 Northside Mobile Home Service 17739 Swailow St NW Andover MN 55304-1329 Thomas Potvin Steve Patnode Ieff Brozek Bradley Gusk P Dan Gilbert Larry Swanson Bruce Kalmes Paul St Marie Donald Bell Don Feltenstein Miles Lubrant 18E Same Same Same GARY FORD B1dglMech Insp Same Same Sarne Same 5ame STATE OF MINN Same PLUMBING Bowler Company 511 E Lake St Minneapolis MN 55408-2494 Culligan Soft Water Service Co 6030 Culligan Way , Minnetonka MN 55345-5993 Gilbert Mechanical Contractors Inc 4451 W 76 St Edina MN 55435-5111 Horwitz Inc 5000 N Hwy 169 Minneapolis MN 55428-4043 NewMech Companies Inc 1633 Eustis St Lauderdale MN 55108-1288 Peltier Plumbing 2Q78 68 St E Inver Grove Hgts MN 55075-2520 Tim's Qualiiry Plumbing Inc PO Box 292 Osseo MN 553b9-0292 SIGN ERECTOR Arrow Sign Co 18607 Hwy 65 NE Cedar MN 55011-9564 L.awrence Sign 945 Pierce Butler Rte St Paul MN 55104-1595 Nordquist Sign Co 312 W Lake St Minnea�lis MN 55408-3099 TRAILER Onan Corporation 1400 73rd Ave IVE Fridley MN 55432-3796 Robert Bowler John Packard P Dan Gilbert Richard O'Brien Jerry Poser Stephen Peltier Timothy Lindholm Kenneth Stewart Dan Ginkel Richard Norquist AT: 1400 73 Ave NE 18F STATE OF MINN Same Same Same Same Same Same JOHN PALACIO Chief Bldg Ofcl Same Same w�cxirrc Bolander Carl & Soas Co 251 Starkey St St Paul MN 55107-0216 Veit & Company Inc 14000 Veit Pl Rogers MN 55374-9306 Mary Patraw Don Rachel 18G JOHN PALACIO Chief Bldg Ofcl Same