07/11/1994 - 4923'
cinor
FRlDLEY
FRIDLEY CITY COUNCIL MEETING
ATTENDEN SHEET
Monday, Ju 11, 1994
7:30 .M.
PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN
,PRINT NAME (CLEARLY) ADDRESS
ITEM
NUMBER
,� .
a" L/ i.. ��J P � f G' ��, ✓
�� ,
q r f ,
� ,k � l G /` �G .{?j c; / / /�C. /�.�%.l — (�. J /
� �+ ' , ' . `� ,'
. ��% .l � ,<
� � �"�- �I � d ._
�-
�
���� ` � ' 1,�� �f1L L�� % U S � � t1 �� � � �l.�c�
� �c,U I r�n« �c� I {�a�do��. l�Y �
� .n � ,
,�-.r f�' - � �' �� .,'I/� /
,
��}�z.ii'� 7 �7 %�; c � � -.eJ '
�. �l7 .lI o � �i�l� � vt �I1� l � � �!�%� �-l�sl t� ✓� �.� %
�' �f �, � \�.(�i,' % C � C �{1�n �r /� cL � .
i
� � �W�}-Ti��r / �'o N ,� �c�� � /�
� "�-tct��i ��5��.�.� v � y l,G
z....��-�..� : .
c . ,
�� > ,- �
� � 5 ,-> � 1 ,,� � � i� -�6A
> � �,� l� N�s �,� � i y �� - .,� . E� ,� ;�.
� ��� �P� 1�� " �� �i i� � t .�' �N6 � d=v �., J'�.
; ) , S (� � � f
� �- � - �! �. � "
,
� � �. L � r ��J � �� � 3 " o ' `� A ✓ ��� �7- �
�
�
�,,of . FRIDLEY CITY COUNCIL MEETING OF
' FRIDLEY . .
' . JULY ii, 1994
. . PLEDGE OF ALLEGIANCE: . � � . � . .. .
PROCLAMATION:
Recreation & Parks Month - July, 1994 �
APPROVAL OF MINUTES:
City �ouncil Meeting of June� 20, 1994 � �
ADOPTION OF AGENDA:
OPEN FORUM, VISiTORS:
(Consideration of Items not on Agenda - 15 Minutes)
Update - Sheriff Kenneth G. Wilkinson
' PUBLIC HEARING:
Ordinance Amending Chapter 2 and
Section 4.04 of the Fridley City
Charter ........................................ 1-1f
i,r, •
��✓X,^d!� '
�q�
4., [
f ; '�
FRIDLEY CiTY COUNCIL MEETING OF JULY 11, 1994
OLD BUSINESS:
Appointment to Human -Resources . . � . �
Cornmission (Tabted March 21; 1994) � � . . . . . . . . . . . . . : . . . . : 2 .
Page 2
Receive Items from.the Planning .
Commission Meeting af June 1, 1994
(Tabied June 20; 1994): � . � . . . . . . . . . . . . . . . . . . . �. : � � 3 - 3M.
A.. Special Use Permit Request, ...
SP #94-03; by Gordon Hedlund, � "
to Allow Construction in the
CRP-2 District (Flood Fringe),
Generally Located on the South .
Side of Buffalo Street East
of Riverview Terrace
and,
B. Special Use Permit Request,
SP #94-04, by Gordon Hedlund,
to Allow Construction in the
CRP-2 District (Flood Fringe),
Generally Located on the South
Side of Cheryl Street West vf
Broad Avenue
and,
C. Special Use Permit Request,
SP #94-05, by Gordon Hedlund,
to Allow Construction in the
CRP-2 District (Ffood Fringe),
Generally Located on the North
Side of Dover Street West of
Broad Avenue
�
�:: . �
� �
�,.
� ��
F:�-,
;.
FRIDLEY CITY COUNCIL MEETlNG OF JULY 11, i994 Page 3
OLD BUSINESS (CONTINUED�:
Receive an Item from the Appeals
Commission Meeting of June 7, 1994
(Tabled June 20, 1994): . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 - 4M
A. Variance Request, VAR #94-06,
by Miller Funeral Home, to
Increase the Amount of
Free-Standing Signage from
80 Square Feet to 98 Square
Feet to Allow the Construction
of a Free-Standing Sign,
Generally Located at 6210
Highway 65 N.E.
Second Reading of an Ordinance Approving
a Rezoning Request, ZOA #94-01, by
Scott Lund of Rite-Way Mobile Home
Repair, to Rezone Property from C-3,
General Shopping Center District, to
M-1, Light Industrial, Generally
Located on Highway 65 South of Fireside
Drive and North of 73 1/2 Avenue . . . . . . . . . . . . . . . . . . . . . 5 - 5B
Second Reading of an Ordinance Approving
a Vacation Request, SAV #94-0� , by
Scott Lund and Alvan Schrader, 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
............... 6-6B
FRIDLEY CITY COUNCIL MEETING OF JULY 11, 1994 Page 4-���
OLD BUSINESS {CONTINUED):
Second Reading of an Ordinance Approving
a Zoning Text Amendment, ZTA #94-01, by
William Turner, to Recodify the Fridley
City Code, Chapter 205, Entitled "Zoning,"
by Amending Sections 205.03, 205.14.1.B,
205.14.1.C, 205.15.1.B, and 205.15.1.0 . . . . . . . . . . . . . . . . . 7 - 7H
v
Second Reading of an Ordinance Repealing
Chapter 220 of the Fridley City Code
and Adopting a New Chapter Entitled
"Residential Rental Property
Maintenance and Licensing Code" . . . . . . . . . . . . . . . . . . . . 8 - 8PP
Reconsideration of Action Taken on
Variance Request, VAR #94-08, by
Wayne Dahl ............................................. 8A
NEW BUSINESS:
Motion to Approve Ordinance Regarding
Official Title and Summary Repealing
Chapter 220 of the Fridley City Code
and Adopting a New Chapter Entitled
"Residential Rental Property Maintenance
and Licensing Code" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 - 9B
FRIDLEY CITY COUNCIL MEETING OF JULY 11, 1994
NEW BUSINESS (CONTINUED�
Page 5
Receive the Minutes of the Pianning
Commission Meeting of June 29, 1994: . . . . �. . . . . . . . . . . . . .10 - 10EE
A. Authorize Environmental Assessment
Worksheet far a Plat Request, .
P.S. #94-05, by Keith Eibensteiner , . .
for Biltmore Construction �of New
Brighton, Inc., to Subdivide
Property into Nine New Single
Fam'ily Lots, Generally Located. in
the Southeast Corner of the �
Totino-Grace High �School Property � , �
at 1�354. Gardena Avenue.N:E. . . . . . . . . . . . 10 . _- 10X
.....:........ 10DD-10EE
Resolution Approving Plat, P.S. #94-03,
by Dayton-Hudson Corporation, Target
Northern Distribution Center 3rd Addition,
Generally Located at 1090 - 73rd Avenue
N.E. ........................................... 11-11F
Approve Agreement for Residential
Recycling Program between the County
of Anoka and the City of Fridley . . . . . . . . . . . . . . . . . . . . . . . 12 - 12E
Approve Addendum No. 1 to License
Agreement for Access to the
TAXSYS System between the County
of Anoka and the City of Fridley . . . . . . . . . . . . . . . . . . . . . . . 13 - 13E
FRIDLEY CITY COUNCIL MEETING OF JULY 11, 1994
Page 6
NEW BUSINESS (CONTINUED�
Approve Anima� .Control �ontract . �
between the City of Fridley and � � � . . � � .
Skyline Veterina .ry Hospital . . . . . . . . . : . � . . . . . :. .� . . . . . . . .14 - 14D
ResoEution Recommending Approval of
the Transfer of Control of Countryside
Investments, lnc. and Nortel Cable
Corporation . . . : : . . . . . : : . : . .� . . . . . . . . . . . �. . . . . 15 .._ .15J
Resolution Authorizing the Approval
of a Grant Contract with the State
of Minnesota to Build an Off-Road
Bikeway Along Central Avenue with
Funding from the Minnesota Cooperative
Grants Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 - 16A
Approve Restated Joint Powers
Agreement Regarding Six Cities
Watershed Management Organization . . . . . . . . . . . . . . . . . . 17 - 17R
_�
��
FRIDLEY CITY COUNCIL MEETING OF JULY 11, 1994 Page 7
NEW BUSINESS (CONTINUED� .
Receive Bids and.Awar.d Contract � . � �
for Kerry Lane .Street Irr�prouement � � _
Project No. � ST. 1994� - 12 . . . . . . . . . . . . . . . . . . . . . •� - • . . . 18 - 18C
Resolution Authorizing Preparation .
of Plans.and Specificatians and . .
Advertisement for Bids for the . _ _
52nd Avenue Floodway/Clover Pond ` �
Diversion Project . . ... . . �. . . . . � . . . . . . . . . . . . . . . . . . . . . . . 19 - 19b
Approve Contribution to the Business
Landfill Coalition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 - 20B
Approve Agreement for Participation
in Urban Corps Program between the
City of Minneapolis and the City
of Fridley . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 - 21 C
Informal Status Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
FRIDLEY CITY COUNCIL MEETING OF JULY 11, 1994 Page 8
NEW BUSIIdESS (CONTINUED�
Appointment: City Employee . . . . . . . . . . . . . . . . . . . . . . . . 23
Ciaims......................................... 24
Licenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 - 25D
Estimates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 - 26A
ADJOURN:
�lliam j. Nee
Mayor
�-
Fridley, MN
� .
. .Recreation & Parks Monih : � . . . . . ..�
July, 1994
WHEREAS, physical recreazion and meaningful leisure exper�ences contribute to physical and mental
well-being czs well as the overall quality of life; and
WHEREAS, commr�nity recreation and leisure opponur�i.ties crea.te socially beneficial corinections .
bet�veen and a.m.ong i.ndi,vi.du,a.ls, groups, a.nd commiini.ti.es; a.nd
WHEREAS, parks a�ul recreaxion services provide preventative healtlz 6enefits, support more productive
workforces, enhance tlie desireability of locations for business and families, and stimulate tourism
revenues to i�acrease a total community economic development model; and
WH�REAS, the provision of parks and open spaces are both an investment and insurance plan for our
collective quality of life; and
A/HEREAS, tlie recrea,tion and park professio�a lias made a committmenz to provide year-long
recreation fa.cilities and park resources which benefit our great community;
NOI� THEREFORE, I�illiam J. Nee, Mayor of the City of Fridley do hereby proclaim the month
of.luly, 1994 to be
Recreation & Parks Month
in Fridley, Rli.nnesotd a.nd cal,l upon all Fridley resideats to join in this nat.i.oa-�uide celebration bringing recognition
to all the benefi.ts derived frona all tlie public and private recreat.ion and park resources at the local level.
IN WITNESS iX�HEREOF, I laave set my hand and caused the
seal of tlze City of Fridley to be a�xed this I 1 th day of July
1994.
VVilliam J. Nce, Mayor
THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COIINCIL OF
JUNE 2Q, 1994
The.Regular Meeting of the Fridley City Council was called to order
�� at 7:03 p.m. �by Mayor. Nee. � � �
PLEDGE OF ALLEGIANCE:
Mayor Nee led the Council and audience in the Pledge of Allegiance
to the Flag.
ROLL CALL•
MEMBERS PRESENT: Mayor Nee, Cou�cilwoman Jorgenson, Councilman
Billings, Councilm�n Schneider, and Council-
woman Bolkcom
MEMBERS ABSENT: None
Mayor Nee stated that the Council has an unusually long agenda this
evening, and the meeting is expected to go well into the early
morning hours. He stated that the starting time for this meeting
was, therefore, moved to 7:00 p.m. rather than 7:30 p.m.
Mr. Burns, City Manager, stated that
and the required legal postings were
change in the time for the meeting.
PROCLAMATION•
the newspaper was notified,
completed to announce the
MINNESOTA SPECIAL OLYMPICS DAY - JULY 9, 1994:
Mr. Burns, City Manager, read a proclamation which proclaimed
July 9, 1994 as Minnesota Special Olympics Day in the City of
Fridley. Mayor Nee issued the proclamation and encouraged all
citizens to attend the Minnesota Special Olympics softball games
on July 9 at Community Park.
APPROVAL OF MINUTES:
COUNCIL MEETING, JUNE 6, 1994:
MOTION by Councilwoman Jorgenson to approve the minutes as
presented. Seconded by Councilwoman Bolkcom. Upon a voice vote,
all voting aye, Mayor Nee declared the motion carried unanimously.
ADOPTION OF AGENDA:
Councilman Schneider stated that he wished to add to the agenda the
receipt of a petition regarding copper sulfate treatments at Moore
Lake.
FRIDLEY CITY COIINCIL MEETING OF JUNE 20, 1994 PAGE 2
Councilman Billings suggested that the Open Forum
� .meet�ing be held a£ter 7:3fl p.�.
��MOTION by Councilman Schneider to�adopt the�agenda
amendments. Seconded by Councilwoman Jorgenson�.
vote, all voting aye, Mayor Nee declared the
�nanimously, .. .
OPEN FORUM, VISITORS:
portion of the
with the above
Upon a voice
motion carried
There. was no response from the audience under this item of
business.
PUBLIC HEARING•
1. CONTINUED PUBLIC HEARING ON PROPOSED TRANSFER OF CONTROL OF
CATV OPERATIONS IN FRIDLEY:
Mayor Nee stated that this public hearing has been continued from
the May 16, 1994 Council meeting. He stated that the City of
Fridley has joined with the cities of Bloomington and St. Louis
Park for a legal analysis of this transfer.
Mr. Clyde Moravetz, Cable Coordinator for the City, introduced
Mr. Brian Grogan, the attorney representing the cities involved in
this cable transfer; Mr. Gerry Kazma and Mr. Mark Hammerstrom from
Nortel Cable; and Ms. Kim Roden, representing Paragon Cabie.
Mr. Grogan, the attorney for the cities of Fridley, Bloomington,
and St. Louis Park, stated that he reviewed the proposed cable
transfer in order to determine if it met legal, technical, and
financial qualifications. He stated that the only change locally
is that Nortel Cable will now be doing business as Paragon Cable.
He stated that Nortel Cable is the current grantee to provide cable
services, and it is a limited partnership owned by Countryside
Cable and Nortel. He stated that Countryside Cable and Amzak is
being purchased by KBLCOM, which is held by Houston Industries,
Inc.
Mr. Grogan stated that after a review of this proposed transfer,
he does not find any legal grounds to deny the transfer. He stated
that as to the technical qualifications, KBLCOM operates systems
nationally and in the southwest suburbs of M�nneapolis. He stated
that they have local and national expertise in operating cable
systems. Mr. Grogan stated that as to the financial qualifications
of the company, he analyzed KBLCOM, Inc. and the amount of capital
they can obtain. He stated that a summary of their financial
qualifications is contained in the report to Council. He stated
that they are financially qualified and have significant resources
available through their parent company, Houston Industries.
FRIDLEY CITY COIINCIL MEETING OF JIINE 20, 1994 PAGE 3
Mr. Grogan stated that in regard to the company's operating
- philoso.phy, he co�tacted municipal official� regarding this
��. company's performance and their response to custome� service. He
= stated.that� all replies were very positive, and the�� emphasized
public service as a strength. He stated that bas�ed on the entire
review, he would recommend the City approve the transfer, as there
are no reasonable grounds. to deny it. .
Mr. Moravetz stated that the Cable Television Conimission has
reviewed the same report that Council has received; and they voted
unanimously to recommend approval of the transfer.
Councilman Billings asked Ms. Roden, Director of Public Affairs for
Paragon Cable, how many acquisitions Paragon has made over the
years.
Ms. Roden stated that this is a unique acquisition, as it is a
change of control, and Nortel will continue to exist but will do
business as Paragon Cable. She stated that KBLCOM.itself is the
old Rogers Cab1e System, and all Rogers! systems were purchased by
KBLCOM. She stated that KBLCOM also has cable systems in Texas and
California. .
Councilman Billings asked if KBLCOM has asked for concessions in
any of the acquisitions.
Ms. Roden stated that to her knowledge, they have n�ot asked for
concessions in Minnesota. She stated that she really did not know
if there were concessions in other states, but she could research
that issue.
Councilman Billings asked if Paragon Cable anticipated any requests
for changes in the franchise agreement in the next one year to f ive
years.
Ms. Roden stated that it .is Paragon's intent to fulfill the
franchise agreement for the next one year to five years. She
stated that after this time, depending on federal or state
regulations, she could not predict if they would request any
changes.
Councilman Billings stated that the franchise agreement in Fridley
provides that the cable company repair equipment for the Channel
33 communications workshop. He asked if Paragon intended to comply
with this obligation.
Ms. Roden stated that Paragon would comply with this obligation if
it is in the franchise agreement.
No other persons spoke regarding this proposed transfer of cable
operations in Fridley.
FRIDLEY CITY COIINCIL MEETTNG OF JUNE 20, 1994 PAGE 4
MOTION by Councilman Schneider to close the public hearing. �
Secor�ded by. Councilman Billings. Upon a voice vot�, all voting .
�aye,. Mayor.. Nee declared the motion ca.rried unanimously and the� .:
public �hearing �closed at 7:25 p:m. � . � � � � �
Mr. Grogan stated that the statute requires that once the public
hearing is closed, action must_be,taken within thirty days to
either approval or disapprove the transfer of the franchise.
Mayor Nee stated that Council normally does not take action at the
same meeting the public hearing is held, and this item will be on
the Council agenda at the next regular meeting on July 11.
NEW BUSINESS•
2. �DISCUSSYON REGARDING �CENTRAL AVENUE BICYCLE PATH:
CounciTman Schneider stated that two neighborhood meetings were
held relative to the proposed plan for a bicycle path on Old
Central Avenue. He stated that it is proposed that this path be
located on the west side of the street. Residents made arguments
regarding their preference for this path to be on the east side of
the street. He stated that after the neighborhood meetings,
residents were advised they would be notified before bids were
authorized. He stated that the purpose of this meeting, therefore,
is to receive public input before the City advertises for bids.
Mr. Flora, Public Works Director, stated that testimony regarding
this proposed bicycle path was received at meetings held on
April 11 and April 26, 1994. He stated that as a result of these
hearings, various City staff inembers met to discuss the input. He
stated it was felt that the west side of the street faould�be the
best location for the bicycle path, as it was a straight line and
would better connect the regional system to the City's system.
Mr. Flora stated that locating the bicycle path on the west side
of the street would reduce the number of street crossings, impact
thirteen driveways north of Mississippi Street, and involve some
earth moving and landscaping. He stated that there are some trees
and lilac bushes that would be affected. He stated that they would
try to save some of the trees, however, a retaining wall would have
to be built on two properties.
Mr. Flora stated that if the bicycle path was located on the east
side of the street, there would be better visibility because of the
street lights, less earth moving, only ten driveways would be
affected, but it would also involve two street crossings and have
an adverse impact on businesses at Mississippi Street and Old
Central Avenue.
Councilman Schneider stated that since the neighborhood meetings
the commercial property at Old Central Avenue and Mississippi
FRIDLEY CITY COUNCIL MEETING OF JUNE 20 1994 PAGE 5
Street is for sale. He stated that if the City could acquire the
property, which was a long term goal,. that. would elimi�ate the
concerns relative to the east�s�de.. � ��
Ms. Dacy, Community Development Director, stated that there are two
lots on the northeast corner of Old Central Avenue and Mississippi
Street. That bus.iness operates at a ze�o lot line, and oniy.one
of the lots is for sale.
Mr. Gregg Hinz, 6600-04 Central Avenue, felt that bids should be
received for locating the bicycle path on either side of the
street. He felt that the east side would be a better location for
the bicycle path, as there would be less impact to the residents,
better terrain, and more lighting.
Mr. Terry Martinson, 6568 and 6572 Central Avenue, stated that
locating the bicycle path on the west side of the street would mean
losing about twelve trees and 100 feet of hedge, as well as a need
for a retaining wall on two properties. He felt that the driveway
situation is extremely bad on the west side, and traffic hours
going south on Old Central Avenue between 3:00 p.m. and 5:30 p.m.
affect the west side of this street. Mr. Martinson stated that if
the bicycle path was on_ the east side of the street, trees would
not need to be removed. He stated that as far as a problem with
the businesses on the east side, this is the place where the
children ride their bikes. He stated that at the neighborhoocl
meetings, the consensus was that no one really wanted the bicycle
path, but if it had to go somewhere, they would prefer it on the
east side. He stated that it would be safer to locate the path on
the east side, and that is where the population comes from that
would use it. He stated that if it was on the east side, it would
avoid destroying trees and hedges. He felt that cost should also
be a consideration.
Mr. Tom Moore, 6580 Central Avenue, stated that he would agree with
Mr. Martinson's comments. He stated that there is a very steep
slope on the west side of Old Central. He stated that it is
difficult to exit their driveway. A bicycle path would make it
even more difficult, as they would have to back into the bikeway.
He questioned.why the residents were not notified when planning
began in the 1970's for the bikeway.
Councilman Schneider stated that articles were published in the
newspaper asking for volunteers to serve on the bikeway/walkway
committee.
Mr. Moore stated that there are concerns about the increasing crime
rate. If a bicycle path was constructed close to his front yard,
it would be less secure for his property. He stated that he has
also watched children trying to cross Mississippi Street and Old
Central Avenue. In heavy traffic, it just cannot be done.
FRIDLEY CITY COIINCIL MEETING OF JIINE 20 1994 PAGE 6
Councilman 5chneider stated that there are a.lot of bicyclists on
Old �Central Avenue, and he feit it would be safer for them to be
on a. bikeway rather than ori� the� str.eet�: �� �� �. ' �
Mr. Dean Saba, 6325 Van Buren Street, stated that he was a member
of the bikeway committee. There was a person who lived on C11d
Central Avenue that was on the committee but .who not actiye.ly
involved. He stated that they advertised for members and.tried
everything they could to get input_from cit.izens. Mr. Saba�stated.
that he attended state bicycle conferences and found a need to
provide safe biking. He stated that the City needs to provide safe
bike routes to schools and recreation areas. The current on-road
bike trails really are not safe. He stated that off-the-road
bicycle trails are needed, as it is an issue of transportation as
well as safety. He stated that he bikes on Mississippi Street and
has never had a problem with the driveways.. He �st�ted that there
are many adults who wish to bike to work. He urged the City to
consider safety as the number one priority.
Councilman Schneider asked what criteria staff considered in
deciding to construct the bicycle path on the west side of Old
Central Avenue.
Mr. Flora stated that in reviewing the pros for the west side, it
has a straight alignment and provides a regional connection to the
east/west. He stated that there are less street crossings as
opposed to the east side. He stated that with the commercial
development on the east side of the street there is a conflict with
vehicles going in and out of the businesses.
Mr. Burns, City Manager, stated that there are additional costs on
the west side, but he questioned if it is a difficult engineering
issue.
Mr. Flora stated that it would just involve removing some dirt and
installing a retaining wall, which would not be a problem. He felt
that on the residential property they would probably not have to
remove the larger trees. Possibly five to ten trees may be
affected. He stated that south of Mississippi Street there is very
little impact.
Councilman Billings stated that in recent years, the Metropolitan
Council, the Regional Transit Board, and almost every planning
agency in the state has been talking about alternative means of
transportation. He stated that about two years ago a new advisory
committee on bicycles was created, as there is an ever increasing
popularity of bicycling by adults. He stated that bicycling is
becoming a more popular means of transportation and is something
the City needs to address. He stated that he is very supportive
of the bikeway system, as he felt there may be an increasing need
in the years ahead.
FRIDLEY CITY COUNCIL MEETING OF JIINE 20 1994 PAGE 7
Councilman Billings stated that this proposed bikeway will be
.located on county right-of-way.. Wherever possible, trees.will be
: left a�nd��landscap�ng,replaced.� He stated:that whether the bikeway
� is locat�?d or► �he east or west side o�f tlie street, � it was iinportant �
to provide safe areas for bicycling. �
Councilwoman Jorgenson felt that having the bikeway on the east
side of the street would be safer because of the lighting. There
are also fewer obstacles from 69th Avenue to Mississippi Street
except a few commercial establishments. She felt that the people
that would use the bikeway the most would be on the east side of
the street. She stated that she would prefer the bikeway be on the
east side down to Mississippi Street and then cross over to the
west'side. '
Councilman Schneider felt that the eommercial businesses on the
east side of Old Central create a dangerous situation, as there are
cars parked along this area and persons biking may have to go into
the street to avoid the vehicles. He stated that this is the
reason he would prefer the bikeway on the west side of the street,
and he feels that safety has to be the primary cons�deration.
Couneilman Billings felt that people tend to take the shortest
route, and he did not feel they would cross back and forth across
a street just to ride on the bicycle path. He felt that this is
another factor to consider and, in providing safe bicycle access,
it should be kept as simple as possible.
Mayor Nee stated that whichever side of the street the bicycle path
is located, the store at Old Central Avenue and Mississippi Street
is a destination for residents. He stated that they can use the
neighborhood bike path between 66th Avenue and Mississippi Street,
but this proposed bicycle path is to move people north and south
and to connect to the east/west trail systems. He felt that for
the long term, the straight alignment is the best and safest
approach.
Mr. Scott Lund, President of the Fridley Business Owners, stated
that if a bicycle path is constructed along the east side of the
street, it would eliminate the parking for those businesses facing
Old Central Avenue. He stated that it is a no win situation
whether it is located on the east or west side, as the setbacks are
close to the street.
Mr. Hinz stated that he would agree that residents are parking
close to the street; however, the bike path would take away some
of the parking.
Councilman Schneider stated that there is support for a bikeway on
Old Central Avenue, and the Council is concerned about minimizing
impact to the residents. He thanked everyone for attending and
for their input. He stated that staff would be given .further
FRIDLEY CITY COUNCIL MEETING OF JUNE 20, 1994 PAGE 8
direction from the Council on this issue at the next regular
meeting of the Counc�l on July 11.
MOTION by Couneilman Schneider to close this�'informal discussion
on the Central Avenue bicycle path. Seconded by Councilwoman
Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the
motion carried unanimously and the discussion closed at 8:47 p.m.
PUBLIC HEARINGS (CONTINUED,�:
3. PUBLIC HEARING ON REZONING REQUEST, ZOA #94-02, BY FORREST
HARSTAD OF TWIN CITY TOWNHOMES, TO REZONE PROPERTY FROM R-1,
SINGLE FAMILY DWELLING, TO R-3, GENERAL MULTIPLE FAMILY
DWELLING TO ALLOW THE CONSTRUCTION OF 46 TOWNHOMES GENERALLY
LOCATED AT 971 HILLWIND ROAD N.E.
AND
VACATION REQUEST, SAV #94-02, BY FORREST HARSTAD OF TWIN CITY
TOWNHOMES TO VACATE A PORTION OF PROPERTY GENERALLY LOCATED
AT 971 HILLWIND ROAD N.E.
AND
PLAT REQUEST, P.S. #94-04, BY FORREST HARSTAD OF TWIN CITY
TOWNHOMES TO REPLAT PROPERTY GENERP,LLY LOCATED AT
971 HILLWIND ROAD N.E.:
MOTION by Councilman Schneider to waive the reading of the public
hearing notices and open the public hearing. Seconded by
Councilman Billings. Upon a voi�e vote, all voting aye, Mayor Nee
declared the motion carried unanimously and the public hearing
opened at 8:48 p.m.
Ms. Dacy, Community Development Director, stated that this first
request is for a rezoning of property generally located east of
Hillwind Road, north of I-694, and west of Fillmore Street. She
stated that the request is to rezone approximately 1.67 acres from
R-1 to R-3. She stated that the purpose of the rezoning is to
extend the R-3 zoning district to allow construction of 41 condo-
minium units and a 5 unit building is proposed on the west side of
the site.
Ms. Dacy stated that the Planning Commission reviewed this request
as to whether or not the development plan meets the R-3 require-
ments. She stated that the plan meets the density requirements and
other requirements of the R-3 district except for a variance on
Fillmore Street for the front yard setback and a variance to the
driveway widths that serve the condominiums. Ms. Dacy stated that
the Planning Commission found this rezoning to be compatible with
the existing uses and recommended approval subject to approval of
the vacation and plat requests.
Ms. Dacy stated that the vacation request is to vacate a portion
of the Hillwind Road right-of-way consisting of approximately one-
half acre. She stated that this property was obtained by the City
FRIDLEY CITY COUNCIL MEETING OF JUNE 20, 1994 PAGE 9
as a turnback from the state. She stated that if this v�cation is
approved, the.City would have to deed this.piece of property to the
� .petitioner and pass an ordinance declar�ng it excess... She.st�ated _
. tha�.the Planning Commission recommended approval of the vacation �
subject to approvaZ of the plat request and recommended that this
parcel be combined with the property to be developed.
Ms. Dacy stated that the plat request was for former Lots 6, 7, and
8, and the vacation of �Iillwind Road to be combined into proposed
Lot 1 with the dividing line along the middle of the wetland to
create an outlot.� She stated that because this property is zoned
R-3, the Planning Commission was concerned with the development of
the outlot; there-fore, the plat was amended to include a five unit
condominium proposed for the west of part of the wetland Lot 1 and
41 units to the east. The plat is for one lot now instead of two.
Ms. Dacy stated that the proposed condominium units would be served
by 24 foot private driveways, and both sides of the driveways would
be signed "no parking." She stated that there is direct access to
four of the eight unit buildings on Fillmore Street.
Ms. Dacy stated that condominium units normally generate five daily
trips; therefore, this development zaould generate about 240 trips
per day. She stated that there was a traffic count completed. 345
trips were counted at Regis Lane, and 630 trips were counted going
north on Fillmore Street. She stated that the traffic capacity of
a low volume residential street is approximately one thausand daily
trips, She stated that the proposed traific to be generated would
not exceed that capacity on Fillmore Street.
Ms. Dacy stated that during the site plan review staff evaluated
three options for another access to the property. She stated that
to extend the driveway in the southwest corner to Hillwind Road is
not practical because of the steep slope. She stated that staff
is reluctant to recommend another option to create a driveway over
the existing wetland because of the requirements of the new Wetland
Conservation Act. She stated that as far as a driveway onto Lot 9,
the petitioner does not own this lot.
Ms. Dacy stated that the petitioner requested that land be
dedicated in lieu of a park dedication fee. She stated that the
Parks and Recreation Commission recommended that Council not accept
land in lieu of the fee.
Ms. Dacy stated that the Planning Commission recommended approval
of this plat subject to nineteen stipulations found in the
Council's agenda. She stated that the City Attorney is reviewing
the condominium documents. Any corrections or stipulations would
be included.
Councilman Schneider asked the zoning of the property immediately
to the north and south. Ms. Dacy stated that the zoning is R-1 and
R-2.
FRTDLEY CITY COUNCIL MEETING OF JUNE 20 1994 PAGE 10
Councilman Schneider asked how many units would be located on the
� . R-1� portiori. . .
Ms..Dacy stated that�two 8-unit buildings•would be located on this �
portion of the property.
� Councilman Schneider asked if .there are�any requirements� for a..�
buf�fer between the residentia�l zones: Ms. Dac� stated.that there
we.re none if only co�nmercial property is invoived. She stat�d that
staff worked with the petitioner for increased landscaping along
the southeast lot.line.
Councilwom�n Jorgenson asked about the screening requirements
between R-1 and R-3. Ms. Dacy stated that there is a screening
reguirement if.there is a parking lot adjacent to the R-1. _
Councilwoman Jorgenson stated that in order for residents to access
this development they will have to use several residential streets
in the area. She asked if any other traffic counts were available
for some of these streets that may be affected.
Ms: Dacy stated that on Hathaway Lane the count was 1,360 trips,
and the count was 3,485 trips on Polk Street.
Councilwoman Jorgenson stated that the traffic on Hathaway Lane and
Polk Street already exeeeds the recommended traffic capacity for
a residential street.
Councilman Schneider asked about the City's legal requiremen.t and
if it cannot provide a sufficient amount of access.
Mr. Herrick, City Attorney, stated that if the existing street
system is not adequate, the City would have some obligation to
update it. He stated that the property owners have the right to
develop the property, and the courts would not look kindly that
they could not develop because the streets are not adequate.
Councilwoman Jorgenson stated that in order to alleviate the
traffic situation it would be necessary to have a ramp off I-694
onto Matterhorn Drive, and that would not happen.
Councilman Billings stated that to have a ramp onto Matterhorn
Drive would only move traffic from Polk Street to Matterhorn Drive.
He stated that there are already 2,900 vehicles per day on Matter-
horn Drive and 3,400 on Gardena Avenue. These are feeder streets,
but it is not always possible to meet the guidelines for traffic
capacity.
Councilwoman Jorgenson stated that the whole area has a major
traffic problem, and the City does not have any alternatives at
this time.
FRIDLEY CITY COUNCIL MEETING OF JUNE 20 1994 PAGE 11
Councilman Billings stated that there is more traffic on these
.. streets than i�.ty.pical.for.a quiet.residential neighborhood, but
he did not think t�e •tar�ffic in the area is a. major problem... -
Councilman Schneider stated that unless the CounciZ is prepared to
place a moratorium on development of this property, the traffic
situation will always be there. He stated that it really comes.
down to the density and the need to have a viable development�with
a minimum density in order to handle the traffic.
Councilwoman Jorgenson stated that on the R-2 property di�ectly to
the north of this proposed development all the. windows face
direct�y toward the eight unit complex. She felt that to have
additional screening for these properties, as well as for the
residents of the complex, would be helgful.
Mr. Forrest Harstad, owner of Twin City Townhomes, stated that he
is here to answer any questions from Council and. to address some
of the concerns raised at the Planning Commission meeting.
Councilman Schneider stated that having visited other developments
by Twin City Townhomes, he felt that this was one of the finest
proposals he has seen as far as construction. He stated that he
does have a concern with the density. He stated that the eight
unit is bounded by R-1 zoning to the south and R-2 to. the north.
He stated that he would be more comfortable if that building were
four units or if Mr. Harstad acquired the property on either side.
He stated that it seems to violate the City' s commitment to the
zoning code to have R-3, R-2, and R-l.
Mr. Harstad responded that, unfortunately, the way it is zoned
today and the intent of the zoning is an attempt to buffer a very
high density. He stated that Mr. Frank's home is the oldest in the
area, and if it were possible to purchase the duplex and Mr.
Frank's home, he would pursue it. He stated that Mr. Frank and he
have had many conversations regarding the price, and Mr. Frank
could sell his property for more tfian he can pay for it. He stated
that to purchase the property and then tear it down is not viable.
He stated that as far as the duplex to the north, it is logical to
have a duplex on this property.
Mr. Harstad stated that in regard to the density, they have studied
what could be constructed without asking for any rezoning or
variance. He stated that the key, however, for this project is
having enough density to make it viable. He stated that he could
not eliminate buildings in order to make it a viable project at
today's market and prices.
Councilman Billings stated that there are two parts to the density;
the number of units, and the size of the site. He stated that
there is another piece of property, Lot 9, immediately to the
south. He stated that if Lot 9 was purchased from the�county and
FRIDLEY CITY COIINCIL MEETING OF JUNE 20 1994 PAGE 12.
added to the development, it would increase the density. He stated
that he wrote a memorandum to Council on th�s matter and
Mr. Harstad shouLd have received�a copy. '.
Mr. Harstad stated that he did receive a copy of the memorandum,
and his response is that the density becomes a function of the
number of units per acre. He stated that this parcel is 3/4 of an
acre, and he questioned if they could add 3/4 more density. He
stated that the piece of land happens to be a steep hill and is not
worth the amount of money the county wants for it. He stated that
to build on that property is prohibitive from a construction
viewpoint. He stated that he would not object to purchasing this
parcel if he could plat a duplex lot on the northwest corner in
exchange. He also stated that possibly the City could purchase
this lot for less money and this would place it on the tax rolls.
Councilman Billings stated that the City's cost to pur�hase this
land would be the same as what Mr. Harstad would have to pay, or
$8,300. He stated that the additional green space would have
little or no impact on the value of the townhomes and would not
really not affect the amount of taxes that could be collected.
Mr. Harstad stated that the option of adding units in exchange for
adding additional acreage would come from the west side and north
end of the wetland. He stated that the area could conceivably
handle additional units; however, the soil is so poor that it is
cost prohibitive.
Mr. Harstad stated that in regard to the park dedication fee, the
Parks and Recreation Commission made it clear they did not want the
land and wanted the dedication fee.
Councilwoman Jargenson stated that she received two teiephone calls
from residents indicating that they would not attend the meeting
this evening, as they felt they were in a take it or leave it
situation. She stated that there are a number of persons not here
this evening because they felt they have no choice, as it was
pointed out at the Planning Commission meeting that considerably
more units could be built on this land.
Mr. Harstad stated that the reason for bringing this up was the
fact that an apartment complex could be built without going through
the public hearing and, frankly, he felt this would be a better
development. He stated that if he came across that this was a take
it or leave it situation, he apologized because it was not his
intention to do so.
Ms. Valerie Rolstad, 1100 Lynde Drive, stated that her concerns are
that there is just one entrance to the complex, the traffic impact,
and the safety of the children going from the townhomes to the
park. She stated that she felt this was a take it or leave it
situation and the neighborhood either would get this development
or an apartment complex.
FRIDLEY CITY COUNCIL MEETING OF JUNE 20 1994 PAGE 13
Councilman Schneider asked Ms. Rolstad if increasing the density
by eight.units and an additional access provided on.Hillwind Road
�aould.satisfy her.concerns. � . ... . � �
Ms. Rolstad stated that she would feel better�if there was another
access on Hillwind Road.
. CounciT�onan Schneider questioned if there would. be the. same.
requirements for access .if an .eighty or ninety unit apartment
complex was constructed.
Ms. Dacy stated that the�e is no code requirement, but staff would
make a strong statement regardin�g access, as this would double the
amount of units proposed in this development.
.
Mr.�Mick Nor.gren, 1161 Regis Lane, stated that his concerri is the
traffic. He stated that with the school and people coming from the
apartment comglexes, it seems that adding more density,would only
add to the problem. He stated that he did not think that access
onto Hill.wind Road would do any.good because a person cannot get
onto Central Avenue. He recommended that Council deny this
proposal.
Councilman Schneider asked Mr. Norgren what he could foresee on
that property that would not create a traffic problem.
Mr. Norgren stated that he felt there should be single family homes
on Fillmore Street and possibly a complex on the R-3 property.
Mr. Bob Marty, 1140 Regis Lane, stated that he agrees with
Ms. Rolstad's and Mr. Norgren's comments. He asked if Lot 9 was
purchased by the developer, would a road onto Hillwind Road be
possible.
Ms. Dacy stated that staff has calculated the slope of the hill
but has not done an engineering analysis.
Mr. Marty stated that there are a lot of neighbors that did not
come to the meeting because they felt they were in a take it or
leave it situation. He stated that he is opposed to the increased
traffic and would like to see something done with the road system
in that area to create a better exit out of the neighborhood.
Councilman Schneider stated that a point he would like to make is
that if a developer submits a project that meets the R-3 zoning
requirements he does not have to come before the Council.
Mr. Marty stated that if there is only one entry and exit, all the
traffic will not go out onto Polk Street. He stated that traffic
would also be increased on their street.
Ms. Mary Lawrence, 5562 Fillmore Street, stated that she is con-
cerned about the school with all the traffic. She stated that it
is difficult to get out of the area on Polk Street so she uses
Regis Lane. She stated that with the increased traffic, the school
FRIDLEY CITY COIINCIL MEETING OF JUNE 20 1994 PAGE 14
will have to install a fence to protect the children on the play-
ground, as they do not.look when they cross the street..
Councilman Schneider asked Ms. Lawrence what she would like to see
on this property.
Ms. Lawrence stated that she is planning to sell, but she is
shocked they are proposing townhomes.
Mr. Harstad stated that he did not blame anyone for being concerned
about traffic. He �e1t that once the land was developed it may
actually slow down traffic, and the single access should not be
eonsidered a negative point. He stated that this would work like
a cul-de-sac, the neighbors would be policing their own street, and
this ter�ds to make for slower traffic. He felt that the residents
would be happier with townhomes rather than an apartment complex.
Mr. Harstad stated that he has worked with a number of cities over
the years, and Barb Dacy and Michele McPherson really deserve a lot
of credit. He stated that they�were very careful to make sure all
problems and concerns were on the table, and they have been more
than candid and very professional.
Councilwoman Jorgenson stated that part of the problem is the
intersection of Fillmore Street and Regis Lane. She stated that
this seems to be a very dangerous corner, and she asked if there
were any plans to improve this area to straighten.out that curve.
Mr. Flora, Public Works Director, stated that there are no plans,
and the driveway entrance into the proposed development is at the
flat spot of the hill. He stated that there is a good line of
sight at that particular location.
Councilwoman Jorgenson stated that there is a tendency for ice
buildup where the hill flattens out. She asked if there is
something that could be done to alleviate this problem.
Mr. Flora stated that possibly more salt could be used to eliminate
the ice.
Councilman Schneider stated that he would encourage those that did
not attend the meeting to call any of the Councilmembers with any
points they would like to make which were not expressed at the
Planning Commission meeting. He stated that he honestly believes
this is the best proposal he has seen for this property. He stated
that someone could develop this R-3 property without rezoning and
it may be less desirable than this proposal. He stated that there
is nothing that ties the rezoning to this particular proposal, and
he would want to be sure there is assurance that the development
would proceed if the rezoning is approved.
Ms. Dacy stated that the second and final reading of the rezoning
ordinance would not be held until the City is assured that the
FRIDLEY CITY COUNCIL MEETING OF JUNE 20 1994 PAGE 15
project would proceed. She stated that the rezoning would also be
conditioned on the vacation and plat approvals. �
� - � . � . . • . _
MOTION by Councilm-an S.chneider to close the public hear�ing on
Rezoning Request, ZOA #94-02. Seconded by Councilwoman Jorgenson.
Upon a voice vote, all voting aye, Mayor Nee declared the motion
carried unanimously and the public hearing closed at 10:00 p.m.
MOTION by Councilman Schneider to close the public hear:ing on
Vacation Request, SAV #94-02. Seconded by Councilwoman Jorgenson.
Upon a voice vote, all voting aye, Mayor Nee declared the motion
carried unanimously and the public hearing closed at 10:00 p.m.
MOTION by Councilman Schneider to close the public hearing on Plat
Request, P.S. #94-04. Seconded by Councilwoman Jorgenson. Upor�
a voice vot�, aTl voting aye, Mayor Nee declared the motion carried
unanimously and the public hearing closed at 10:00 p.m.
OLD BUSINESS•
4. RECEIVE AN ITEM FROM THE APPEALS COMMISSION MEETING OF M(AY 24 ,
1994•
A. VARIANCE RE4UEST, VAR #94-05, BY CHRIS RODGERS, TO REDUCE THE
FRONT YARD SETBACK FROM 35 FEET T0 22.4 FEET TO ALL��W THE
CONSTRUCTION OF AN ADDITION, GENERALLY LOCATED AT 60!50 6TH
STREET N.E. (TABLED JUNE 6, 1994):
Mayor Nee removed this item from the table.
Ms. Dacy, Community Development Director, stated that the peti-
tioner, Mr. Rodgers, is requesting a variance from the front yard
setback from 35 feet to 22.4 feet in order to add a 10 f�oot by
22 foot addition to the front of his home for purposes of expanding
the kitchen area and entrance.
Ms. Dacy stated that at the last Council meeting, Council requested
information regarding the properties on the east side of the street
and setback� of other homes in the area. She stated that the�re are
three homes that are not within the 35 foot setback; two are at
28 feet and one is at 30 feet. She stated that Counci_L also
requested information on setbacks on West Moore Lake Drive, which
has been supplied.
Councilman Billings asked if variances were granted for the homes
on 6th Street that do not meet the 35 foot setback or if they were
non-conforming uses. Ms. Dacy stated that they were: non-
conforming.
Councilman Billings asked about the setbacks for homes o�n West
Moore Lake Drive.
FRIDLEY CITY COUNCIL MEETING OF JUNE 20 1994 PAGE 16
Ms. Dacy stated that these setbacks were at 30.2 feet and
34.7 feet. ��
l�ir. Rodgers, the petitioner, stated that his home was re-built in
1965 after the tornado. He stated that the kitchen and the dining
room are too small, and it is not feasible to move the kitchen to
the south or west, as it would either interfere with the sheetroek
in the basement or with the plumbing iines.
Mr. Rodgers stated that he is proposing a 10 foot by 22 foot
addition, and there �s 45 feet from the �ront of.the street to his
home. He stated that because the addition would be in the center
of the property, it would minimally affect the line of sight of
adjacent properties.
Mr. Rodgers stated that the Appeals Commission recommended denial
of the variance, as they did not want to set a precedent for the
block. He stated that there are several homes on his block that
do not meet the 35 foot setback. He felt that the precedent has
already been set for the neighborhood and, unfortunately, it has
been set illegally. He stated that all the neighbors approve,of
this variance and have voiced no objections.
Mr. Rodgers presented data on front yard variances granted by the
City from 1986 to 1993, which indicated that 22.4 feet was about
the mean. He felt that his request was not out of line in view of
the other variances that have been granted.
Councilman Schneider stated that the most severe variance on that
street is 28 feet.
Councilwoman Jorgenson stated that Mr. Rodgers had some very nice
plans for his kitchen, and she understands the point that others
have proceeded illegally. She felt, however, that there were
alternatives to minimize the setback in the front yard and still
achieve what he wished with the addition.
Councilman Billings stated that with a five foot variance,
Mr. Rodgers would have a 13 foot by 15 foot kitchen and dining room
combination.
MOTION by Councilman Billings
#94-05, to reduce the front yard
for property at 6050 6th Street.
Upon a voice vote, Councilman
Councilman Schneider, and Mayor
motion. Councilwoman Jorgenson
Nee declared the motion carried
RECESS•
to grant Variance Request, VAR
setback from 35 feet to 22.4 feet
Seconded by Councilwoman Bolkcom.
Billings, Councilwoman Bolkcom,
Nee voted in favor of the
voted against the motion. Mayor
by a 4 to 1 vote.
Mayor Nee called a recess at 10:25 p.m.
FRIDLEY CITY COUNCIL MEETING OF JUNE 20 1994 PAGE 17
RECONVENED•
Mayor Nee reconvened the m�eting.�at 10:40 p.m. � Al'1 members. of the �
�Council w�re present. � � : . �
NEW BUSINESS (CONTINUED):
5. RESOLUTION NO. 49-199.4 IN SUPPORT OF AN APPLICA�'ION FOR A
MIATNESOTA LAWFUL GAMBLING PREMISE PERMIT TO TOTINO-GRACE HfGH
SCHOOL:
� MOTION by�Councilman Sc1`ineider to adopt Resolution No. 49-1994. �
Seconded by.Councilwomari Jorgenson. Upon a voice vote, all voting
aye, Mayo� Nee declared the motion �carried unanimously.
6. FIR3T READING��OF AN ORDINANCE REPEALING CHAPTER:220 OF THE
FRIDLEY CITY CODE AND ADOPTTNG A NEW CHAPTER ENTITLED
- "RESIDENTIAL RENTAL PROPERTY MAINTENANCE AND LICENSING CODE:"
Ms. Dacy, Community Development Director, stated that the purpose
of this amendment to revise the rental code, Chapter 220, is to:
(1) updat,e and modernize minimum standards for rental dwellings;
(2) establish a routine, systematic inspection schedule so that
1,000 units are inspected every year; (3) increase license fees to
cover a portion of the inspection service; (4) implement one part
of the City's comprehensive housing program which includes rehabi-
litation programs; scattered acquisition program; ordinance amend-
ments for nuisance abatement, housing, maintenance and re�tal
licensing; establishing an owner/landlord coalition; and (5) to be
as equally aggressive as other cities with rental inspection
programs.
Ms. Dacy stated that this process was initiated six to eight months
ago and ordinances from sixteen cities were reviewed. She stated
that cities with systematic inspection programs were contacted in
order to develop a proposed ordinance. She stated that draft
ordinances were reviewed with the owner/landlord coalition and
public hearings were held before the Council. She stated that the
proposed ordinance was also sent to the apartment owners for
comment.
Ms. Dacy stated that staff received four letters and six telephone
calls regarding this proposed ordinance amendment. The Council
also received three more letters from Norma Rust, Lynn Hansen, and
Ed Kaspszak.
MOTION by Councilman Schneider to receive the letters from Norma
Rust, Lynn Hansen, and Ed Kaspszak. Seconded by Councilman
Billings. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
FRIDLEY CITY COUNCIL MEETING OF JIINE 20. 1994 PAGE 18
Ms. Dacy stated that some of the changes recommended by staff to
. the draft ordinance ar�•to elarify the definition o€ maximum oceu-.
. pancy; change.the tenant.behavior portion to perjmit th� Council to �
� revoke a license for a unit; change the license revocation fee; �
identify an agent for emergency repairs; inspection notices so that
owners are given adequate time and a reasonable hour when these
inspections are to be �onducted; deletior� of an occupanCy-regist.er;
procedures for failure of.an owner to obtain a license; changes
regarding ventilation requirements; and changes on complaints.in
reference to the 24 hour issue. She stated that the ordinance is
�lear that there is no r.equirement to complete repairs within a 24
hour period.
Ms. Dacy reviewed the proposed rental housing license fees, which
would be $25.00. for one unit; $50.0:0 for two units; $75.00 for
three units; $100:00 for four units; and $100.00 plus $5�.00 for
each additional unit for five or more units. She stated.that this
fee schedule would raise approximately fifty percent of the cost
to administer the program.
Ms. Karen Walders, Lang-Nelson Associates, stated that her company
owns and operates fifty units in Fridley. She stated that the fees
have increased 165 percent but rents have not increased accor-
dingly. She requested that Council phase in the increase in fees
so that rents can catch up with the increased fee structure.
Ms. Walders stated that she would like to propose the establishment
of a hearing board consisting of an equal number of City staff and
landlords that would make recommendations for revocation. She
stated that she felt this ordinance places the total responsibility
on the owner for actions of the tenants; however, this responsi-
bility is not shared by the tenants. She stated that as far as
revocation of a license, the ordinance refers to three violations;
however, the HRA contracts allow for four offenses prior to an
owner being able to terminate a contract.
Ms. Walders stated that most of the housing stock in Fridley is
smaller units. The fee structure hurts these owners the most, as
they can least afford the increase.
Councilwoman Bolkcom pointed out that just because there are
problems in an apartment complex, it does not necessarily mean a
license would be revoked. She stated that if an owner is not
taking action to correct the problems, the license could then be
revoked.
Councilman Schneider asked what would constitute a violation.
Lt. Herb Zimmerman, Fridley Police Department, stated that there
are a number of violations outlined in the ordinance. He stated
that if there is a reported incident, the Police Department would
investigate.
FRIDLEY CITY COUNCIL MEETING OF JUNE 20 1994 PAGE 19
Ms. Dacy stated that the intent is for the owner to work with the
PoliEe Depar.tment .and.,.� �as � long as the owner is .coop�rating, there.
shoald z�ot be a problem.� . - , ' � . � .
Ms. Walders stated that if there is a violation that the HRA
considered a minor nuisance and an unlawful detainer was filed on
the third comp�ai,nt,�the HRA would not accegt i�t and would not.go
to court.
Ms. Dacy stated that it is only when an owner completely ignores
a problem that there is an optiQn for Council to conduct a
revocation hearing.
Mayor Nee stated that he would certainly hope Council would listen
to reality_ from any owner, and he would expect .the police would
hold the tenant responsible.
Ms. Walders stated that she was concerned about the intent of the
ordinance.
Mr. Johnny Miller stated that he has been in business in Fridley
since 1959.. He stated that it did not matter how a person runs
their business, they are going to have some problems with tenants.
He stated that he objects to the owner being held responsible for
the tenant and the need for informing the Police Department what
he is doing about the problem.
Mr. Miller stated that an owner does not put up with bad tenants
and stay in business. He stated that he did not like to be held
responsible for the actions of his tenants, which may be someone
he does not even know. He stated that a lot of tenants have guests
who are unknown ta him, and he did not want to be responsible for
them.
Mr. Miller stated that he liked the basic idea of the ordinance to
keep up the standards, but he cannot take responsibility for
actions of others.
Councilman Schneider asked Mr. Miller if his primary objection was
the language relative to the guests.
Mr. Miller stated that he would not be responsible for filing
letters with the Police Department.
Councilman Schneider stated that the intent is to make it in the
owners' interest to screen their tenants so they do not become a
problem.
Mr. MiZler pointed out that he could lose his license if there are
several violations.
FRIDLEY CITY COUNCIL MEETING OF JUNE 20, 1994 PAGE 20
. Mr. Herrick, City Attorney,� stated that if there was a.violation
. and someone �committed an� dffense., .ti�e owner i�5 notified. If there
� is another offense�, another notiCe is sent to the owner. �He stated
that it is hoped that by that time,�the�owner will make ar� effort
to correct the si:tuation. He stated that the City is concerned
about those owners who do not cooperate and who do not run a good
ope�atio.�: � � . � �
Mr. Miller sta�t�d he und�erstands �hat, but this does not change
his mind.
Ms. Norma Rust statecl that she has no problem with the revocation
portion of the ordinance. She stated that she is concerned about
the process to get a license reinstated and the fee involved. She
stated,that.this.would mean an owner would be paying the:fe,e twice
in order to have a license reinstated.
Councilman Schneider stated that there are costs involved if the
City has to conduct a hearing. He stated that the object o� the
license fee is to cover the cost of staff time for inspection and
procedural hearings.
Ms. Rust stated that there is also a cost to the landlord because
of the loss of rents. She felt that this section of the ordinance
needed to be reviewed.
Mr. Brad North, 195 Satellite Lane, stated that he manages
buildings in Fridley. The fee is almost tripling, which is a
hardship. He felt that it is the owner and landlords responsi-
bility to manage and to keep a building clean and well run, but he
felt to make them be policemen was unfair. He s�ated that they do
not want problem tenants anymore than the City does.
Mayor Nee stated that he understands the pol ice and property owners
will work together when there is a problem.
Lt. Zimmerman stated that the police would be the ones enforcing
the law and would issue citations or make an arrest if it is
necessary.
Mayor Nee felt that the ordinance is not as severe as some may
understand it.
Ms. Dacy stated that the Police Department will attempt to enforce
this ordinance as consistently as possible. She stated that the
ordinance is structured to provide the owner an opportunity to
participate in this process.
Mr. Ron Dody, Minnesota Multi-Housing Association, stated that they
operate in nine cities that have similar ordinances. He congratu-
lated Council and staff for drafting the ordinance. He stated that
it is much better than most of the ones he has seen.
FRIDLEY CITY COUNCIL MESTING OF JUNE 20, 1994 PAGE 21
Mr. Dody stated that as far as the conduct_issne, this should be
moved to Section.220.08 under joint responsibilities of occupants
and bwneY�s.' He stated that nuisances are�already identified�unde�r
tfiis. section of the ordinance, and•this would ber�efit the landlords
�if they have to go to court._ �
Ms. Dacy stated that in reviewing ordinances of other cities, they
did not take this approach. She stated that if there is another.
community that has that langtiage in an ordinance, staff would be
happy to�review it. She stated that: the City has tak�n the�
position that the owner is ultimately responsible.
Councilman Schneider asked the benefit of moving_this_language to
another section. �
Mr.. Dody.stated;i� is hoped that if there i� a problem, the Police ..
Department would look to �the occupant or tenant rather than the
owner..
Councilman Schneider stated that is the position the Police
Department would take anyway.
Mr. Herrick stated that he did not have a problem with Mr. Dody's
suggestion, as he felt it is a joint responsibility. He stated
that if there is a violation, the City will look to the tenant to
correct this activity. He stated that, ultimately, the City will
look to the landlord if the problem is not corrected. He stated
that there would be a hearing before any license would be revoked.
Mr. Dody felt that it would be beneficial if the coalition could
receive monthly reports of incidents reported.
Lt. Zimmerman stated that reports are available for any owners or
landlords. He stated that, however, they have to abide by the data
privacy act, so some portions may not be released.
Mr. Herrick stated that the ordinance states that the landlord
would be notified when there are incidents or violations of the
ordinance.
Mr. Dody felt that there should be clarification on over-current
protection devices, as found on Page 13 of the ordinance, that
these are not a surge protector.
Mr. Dody stated that he would also like some board to review the
revocation of licenses and to phase in the fee schedule over a four
year period. He felt that if the Council really wanted to protect
the City, the ordinance should pertain to all housing and not just
multiple housing units.
Mr. Lynn Hansen stated that he had submitted a letter outlining his
concerns. He stated that he is concerned about being responsible
FRIDLEY CITY COUNCIL MEETING OF JUNE 20, 1994 PAGE 22
for people he does not know. He stated that most owners are
responsibie, and the problem�.is that they-. do. not know their
tenants' guests.. � � � �� ' .
Mr. Steve Johnson, Minnesota Multi-Housing Association, stated that
his concerns were the issues of tenant behavior, establishment of
a review board, an$ gradual phasing in of the fee structure, as the
increase is very extreme. He also feit that single family homes
should come under this inspection code.
Mr. Robert Duff stated that he owns a double bungalow ir�•Erid,l.ey,. .
and he felt that the fee was too high.
Ms. Dacy stated that a re-inspection fee is only charged after the
second inspection..
Councilman Schneider stated that on. Page 3, Item 11, Dwelling, One-�
Family, the words "or more" should be eliminated.
Councilman Schneider questioned snow and ice removal, as shown on
Page 12, and wondered if this was required of single family home
owners.
Ms. Dacy stated that she is not aware of a reguirement for single
family home owners, but this is probably for four or more units.
Councilman Schneider asked if a person rents his home for several
months, if they would have to abide by this ordinance.
Ms. Dacy stated that this ordinance does not define a time period.
If a dwelling is rented, a license should be obtained.
Councilman Schneider asked if a non-resident owner needed to be
defined.
Ms. Dacy stated that staff's interpretation is that the owner does
not live on the premises.
Councilwoman Jorgenson stated that Item 5 on Page 15 refers to
minimum water heating standards, and there probably should be
reference to maximum water heating standards in order to prevent
scalding.
Councilman Schneider stated that he would not be opposed to the
suggestions of phasing in the fee schedule.
Councilman Billings stated that the City would already be subsi-
dizing this program at fifty percent. He stated that the City
could begin inspecting every unit immediately and charge the total
cost to the properties.
FRIDLEY CITX COUNCIL MEETING OF JUNE 20, �994 PAGE 23
Councilwoman Jorgenson stated that the fee schedule has .already
been reduced from what was originally proposed. She also stated
that she_really did not want to make any cha�ges in the ordinance
related to the conduct issue. .
MOTION by Councilman Schneider to waive the readirig and approve the
ordinance on first reading. Seconded by Councilman Billings. Upon
a voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
7. FIRST READING OF AN ORDINANCE APPROVING A REZONING REQUEST,
ZOA #94-01 BY SCOTT LUND OF RITE-WAY MOBILE HOME REPAIR, TO
REZONE PROPERTY FROM C-3 GENERAL SAOPPING CENTER DISTRICT,
TO M-1 LIGHT INDUSTRIAL GENERALLY LOCATED ON HIGHWAY 65
SOUTH OF FIRESIDE DRIVE AND NORTH OF 73 ll2 AVENUE:
Ms. Dacy, Community Development Director, stated that this is a
request to� rezone 1.4 acres from C-3 to M-1 in order to allow
construction of an office/warehouse building for Rite-Way Mobile
Home Repair.
MOTION by Councilman Schneider to waive the reading and approve the
ordinance on first reading. Seconded by Councilwoman Jorgenson.
Upon a voice vote, all voting aye, Mayor Nee declared the motion
carried unanimously.
8. FIRST READING OF AN ORDINANCE APPROVING A VACATION REQUEST,
SAV #94-01 BY SCOTT LUND AND ALVAN SCHRADER 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:
Ms. Dacy, Community Development Director, stated that this is a
request to vacate a 15 foot drainage and utility easement on
Mr. Lund's and Mr. Schrader's property. She stated that staff inet
with the petitioner and his consulting engineer and reviewed the
drainage issues. She stated that they are preparing revised
calculations to determine if the fifteen foot swale and pond
proposed on Mr. Lund's property can accommodate the runoff. She
stated that this information has not yet been received, but it is
recommended that Council proceed with the first reading of this
ordinance. The second reading would not be held until there are
assurances,that the drainage can be handled.
MOTION by Councilman Schneider to waive the reading and approve the
ordinance on first reading. Seconded by Councilwoman Jorgenson.
Upon a voice vote, all voting aye, Mayor Nee declared the motion
carried unanimously.
9. RESOLUTION NO 50-1994 APPROVING PLAT P.S. #94-01, CENTRAL
VIEW MANOR THIRD ADDITION BY SCOTT LUND OF RITE-WAY MOBILE
HOME REPAIR GENERALLY LOCATED ON HIGHWAY 65 SOUTH OF FIRESIDE
DRIVE AND NORTH OF 73 ll2 AVENUE:
MOTION by Councilman Schneider to adopt Resolution No. 50-1994 with
the following stipulations, attached to the resolution as Exhibit
FRIDLEY CITY COUNCIL MEETING OF JUNE 20, 1994 PAGE 24
A: (1) the peti-tioner shall submit a revised site plan prior to
the issuance of a building permit .showing a 5 foot hardsurface
setback along the we.st � side of the building: (2) the petiti.oner �
shall provide additional screening through planting of seven, �6
foot high coniferous trees along the north property line; (3) the
petitioner shall construct a.minimum 6 foot high screening fence
along. the west property li.ne. The: screening fence�shall be
constructed of chain link and contain metal siats; (4) outdoor
storage sha11 be permitted i�f the following conditions are met: (a)
the outdoor storage shall occur on a hardsurface; (b) the materials
to.. be stored shal:l. be_ ;less than 15 . feet in height;. (c) the :
materials to be stored shall not be seen from the public right-of-
way; and (d) the petitioner shall install a gate with slats
parallel to the rear line of the building; (5) the petitioner shall
submit an� amended landsGape: plan-:prior to the��.issuance of. a
building permit with the following changes: (a) underground
irrigation shall be provided; (b) the dimensions of the.existing
trees to be saved shall be indicated on the plan to calculate
credit for existing trees; and (c) four additional 6 foot high
coniferous trees shall be added to comply with t�e ordinance. The
7 coniferous trees shall be planted along the north property line
for additional screening from the residential district to the
north; (6) the petitioner shall submit a revised grading and
drainage plan complying with Scott Erickson's memorandum dated June
8, 1994 prior to the issuance of a building permit; (7) if the
fence adjacent to the mobile home park is removed, the petitioner
shall install a minimum 6 foot high screening fence with slats
along the north lot li.ne; (8) a park dedication fee of $1,394.28
shall be paid at the issuance of the building permit; and (9) this
plat approval is contingent on final approval of Vacation Request,
SAV #94-01. Seconded by Councilwoman Jorgenson. Upon a voice
vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
10. FIRST READING OF AN ORDINANCE APPROVING A ZONING TEXT
AMENDMENT, ZTA #94-01, BY WILLIAM TURNER, TO RECODIFY THE
FRIDLEY CITY CODE, CHAPTER 205, ENTITLED "ZONING " BY AMENDING
SECTIONS 205.03. 205.14.1.B, 205.14.1.C, 205.15.1.B AND
205.15.1.C•
MOTION by Councilwoman Bolkcom to waive the reading and approve the
ordinance on first reading. Seconded by Councilman Schneider.
Councilman Billings stated that Item g throughout this ordinance
implies that the Anoka County Health Department and the Minnesota
Department of Agriculture are the only agencies involved in the
licensing.
MoTION by Councilman Billings to amend Item g throughout this
ordinance, as follows: "Prior to conducting sales activities, a
license shall be obtained from all appropriate agencies, including
but not limited to the, Anoka County Health Department, Minnesota
FRIDLEY CITY COIINCIL MEETING OF JIINE 20, 1994 PAGE 25
.Department of Agriculture, and t�e City� of Fridley :in accordance
. .with the . requiremer�ts of� �Chapter� 32 of �� the . Fridley City Gode.'!
. � Seco�ded by. Cou�►cilwoit�an � Jorgenson. Upon a.�oicc� v,ote, .all voting.
aye, Mayor Nee declared the motion�carried unanimously. �
UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and
Mayor Nee deelared the motio.n.carried unanimously.. �
11. RECEIVE. AN • ITEM � FROM. THE MINUTE5 OF THE BLANIaTING COMMISSION
MEETING OF MAY 4, 1994:
A. SPECiAL �USE �FERMIZ'. 'SP .�#94-06, BY� WILI,IAM TURNER, TO ALLOW
SEASONAL DAILY OUTDOOR SALES OF FOOD (MINI �DOUGHNUTS),
GENERALLY LOCATED AT�8450 UNIVERSITY AVENUE N.E. (WAL-MART
STORE)•
MOTION .by Councilman Billings, to grant Special Use Permit,
SP #94-06, with the�fo�Zowing stipulations: (1) daily sales of mini
doughnuts shall begin on April 1 and end on October 31 of each
year. The sales shall be conducted or�.Fridays, Saturdays, and
Sundays; (2) the petitioner shall submit documentation to the Fire
Marshall regarding the fire extinguishing syste� for the deep fat
fryer; (3) the petitioner shall obtain a license as required in
Chapter 32 of the City Code and comply with the seven standards of
the proposed ordinance amendment including obtaining any required
approvals from the Anoka County Health Department and the Minnesota
Department of AgricuZture. The petitioner shall abide by the stip-
ulations imposed by the Anoka County Health Department and the
Minnesota Department of Agriculture; and (4) this special use
permit is for the daily sales of mini doughnuts only; additional
sales shall obtain the appropriate licenses or special use permits
as governed by the proposed ordinance amendment. Extensions to the
sale period shall be approved by the City Council. Seconded by
Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
12. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF
JUNE 1, 1994•
A. SPECIAL USE PERMIT RE4UEST, SP #94-03, BY GORDON HEDLUND, TO
ALLOW CONSTRUCTION IN THE CRP-2 DISTRICT (FLOOD FRINGE),
GENERALLY LOCATED ON THE SOUTH SIDE OF BUFFAIA STREET EAST OF
RIVERVIEW TERRACE:
Ms. Dacy, Community Development Director, stated that Mr. Hedlund
has applied for several special use permits to allow construction
in the flood fringe district. She stated that this first special
use permit is for the site on the southeast corner of Buffalo
Street and Riverview Terrace.
Ms. Dacy stated that these requests have been reviewed twice by the
Planning Commission. At the second meeting, the Commission
FRIDLE_Y__C_ITY COUNCIL MEETING OF JUNE 20, 1994 PAGE 26
reviewed engineering plans and received testimony from the
neighborhood. She�.stated that the concern on the Buffalo Street
site was the accuraey of the survey.
Ms. Dacy stated that she has contacted the surveyor, and he has
stated that, traditionally, the county markers are not used in
preparation of the survey. She stated that the surveyor used other
documents on record and found monuments on existing lots, which
were used in preparing the survey. She stated that there was an
issue whether the easement the City obtained should be calculated
as part of th� lot area. The City Attorney has affirmed that it
can be counted as part of the lot area. Ms. Dacy stated that the
Planning Commission and the homeowners in the area identified a
number of concerns regarding sewer backups and runoff on the
property.
Ms. Dacy stated that the Planning Commission recommended approval
of this special use permit subject to twelve stipulations.
Ms. Dacy reported that Mr. Hedlund was leaving the building and did
not care if the special use permits were approved or not.
Ms. Darlene Brady, 641 Buffalo Street, stated that she lives across
the street from this site and i� representing many persons who
could not attend because of the late hour. She submitted a
petition from the residents directly affecied by the propased
construction on these three sites.
MOTION by Councilwoman Bolkcom to receive Petition No. 5-1994
requesting denial of Special Use Permits, SP #94-03, SP #94-04,
and SP #94-05. 5econded by Councilman Schneider. Upon a voice
vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
Ms. Brady stated that the neighboring residents' concerns are the
unusual building practices and fill; the advisability of adding new
homes due to the threat of the Coon Rapids dam; sewer backups in
the area, and a determination of how many homes have this problem
before adding new homes which would compound the existing problem;
storm sewer runoff problems caused by drainage from these new
homes; the lot area which they believe is only 7,200 square feet
and not 7,500 square feet; and the unusual building practices of
raising the homes.
Ms. Brady asked the Council not to rush into a decision on these
three special use permit requests, which could have major adverse
effects on their neighborhood.
Mayor Nee asked if Council could consider the statement by
Mr. Hedlund as a withdrawal of his request for the special use
permits.
FRIDLEY CITY COUNCIL MEETING OF JUNE 20 1994 PAGE 27
Mr. Herrick, City Attorney, stated that i.f Council is going to deny
the special use permits, it has to be done on the basis of fact.
He stated that �Council. could table the items and request
Mr. Hedlund to appear at a future meeting. He stated that he would
not consider Mr. Hedlund's statement as a request for withdrawal.
Councilman Billings stated that if Council denied the special use
permits without proper grounds, it may not be unlikely that
Mr. Hedlund would commence litigation because the Council was being
arbitrary and capricious. He felt that there had to be a finding
of fact that the special use permits are not warranted because they
have a negative impact on the health, safety, and welfare of the
public.
Counci].man Bill,ings asked if it is normal grocedure to include
street easements in calculation of the lot area.
Ms. Dacy stated that if it is an easement, it is included in the
calculation of the lot area.
Councilwoman Bolkcom stated that part of the confusion of the
neighborhood is that Mr. Hedlund is trying to buy their land. She
stated that there are some problems with flooding and sewer
backups. She questioned if constructing these homes would add to
the problems.
Councilwoman Jorgenson stated that one issue that she is concerned
about is the Coon Rapids dam. She stated that it has some
structural flaws and needs replacement. She stated that the area
where Mr. Hedlund wishes to construct the homes could possibly
flood.
Ms. Brady stated that there have been newspaper articles about the
dam and the lack of funding for repairs or replacement.
Mr. Herrick stated that there is an ordinance stating that an owner
can build on these lots if certain criteria are met. He stated
that if the City does not want construction on these lots, the
ordinance should not be in effect. He stated that as long as the
ordinance is in effect, the owner is entitled to a special use
permit unless the City can show it would violate the health,
safety, and welfare of the community or the people in the area.
He stated that if that is the case, the facts have to be determined
that substantiate this claim.
Councilwoman Jorgenson felt that further information was needed on
the structural problems of the Coon Rapids dam and the impact on
the City's flood fringe district, should be obtained from the Army
Corps of Engineers.
Ms. Brady stated that over two years ago the Army Corps of
Engineers gave a maximum life of five years for the dam.
FRIDLEY CITY COUNCIL MEETING OF JUNE 20, 1994 PAGE 28
Ms. Brady stated that Mr. Hedlund's drainage proposal is to direct
water to the southeast corner of Riverview Terrace which is
directly.in.front of her garaqe. She stated that she already has
stand�ng water there when it rains. With the raising of the lot
to construct the new home, it will drain on her property.
Mr. Malvern Thompson, 6212 Hillside Drive, Edina, stated that his
son owns property next to Mr. Hedlund, and the survey report is not
correct. He stated that there is a stake that has been there for
22 years, and this was not used in the survey.
Ms. Dacy stated that she talked to the surveyor after the Planning
Commission meeting. He verified that he found the monuments on
the lot next door, and he would be happy to meet with the owners.
Ms. Marjorie Nason, 614 Cheryl Street, stated that her home is the
lowest in the area, and they have had sewer backups nine times.
She felt that with raising the lots, there would not be any
uniformity in the neighborhood.
Mr. Clark Nason, 614 Cheryl Street, stated that the cost in damages
to his home from the sewer backups is over $3, 000 not including the
$600 deductible. He stated that he did not think the neighbor-
hood's request not to have any new construction was outrageous.
He stated that they have a water problem in their area, and
drainage comes all the way from Coon Rapids.
Mr. Herrick asked if there was any evidence to suggest that con-
struction of these new homes would make the sewer problem worse.
He stated that it may be better for the City to improve the sewer
system rather than deny construction of the homes.
MOTION by Councilwoman Jorgenson to table this item to the July 11
Council meeting. Seconded by Councilman Schneider. Upon a voice
vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
B. SPECIAL USE PERMIT REQUEST, SP #94-04, BY GORDON HEDLUND TO
ALLOW CONSTRUCTION IN THE CRP-2 DISTRICT (FLOOD FRINGE)
GENERALLY LOCATED ON THE SOUTH SIDE OF CHERYL STREET WEST OF
BROAD AVENUE•
MOTION by Councilwoman Jorgenson to table this item to the July 11
Council meeting. Seconded by Councilwoman Bolkcom. Upon a voice
vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
C. SPECIAL USE PERMIT REQUEST, SP #94-05, BY GORDON HEDLUND TO
ALLOW CONSTRUCTION IN THE CRP-2 DISTRICT (FLOOD FRINGE)
GENERALLY LOCATED ON THE NORTH SIDE OF DOVER STREET WEST OF
BROAD AVENUE•
MOTION by Councilwoman Jorgenson to table this item to the July 11
Council meeting. Seconded by Councilman Schneider. Upon a voice
FRIDLEY CITY COUNCIL MEETING OF JUNE 20. 1994 PAGE 29
vote, all voting aye, Mayor Nee declared the motion carried
unanimous�,y. � . � � :
MOTION by Councilman Schneider to receive the minutes of the
Planning Commission Meeting of June 1, 1994. Seconded by Council-
woman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee
decl.ared the motion carried unanimrsusly. �
I.3. RECEIVE �AN ITEM FROM THE MINUTES OF THE P'LANNING CONIlKISSION
MEETING OF MAY 18, 1994:
A. RESOLUTION NO. 51-I994 DENYING A WETLAND REPLACEMENT PLAN
WR #94-01, BY PAUL HARSTAD, PER SECTION 205.27 OF THE FRIDLEY
CITY CODE, TO ALLOW FILLING OF A WETLAND FOR CONSTRUCTION OF
A SINGLE FAMILY DWELLING GENERALLY LQCA�'ED AT 54�0 EAST
DANUBE ROAD N.E.: �
Ms. McPhersbn, Planning Assistant, stated that the petitioner is
proposing to fill approximately 2, 800 square feet of Type 4 wetland.
located on this site and in an R-1 zoning district. She stated
that the petitioner created 1,900 sguare feet of the same type
wetland on Lot 6 and an additional 600 square feet on the parcel
north or Lot 5(5490 East Danube Road).
Ms. McPherson stated that the Planning Commission recommended
denial of this request based on the following three facts: (1) a
feasible and prudent alternative exists which avoids impact to the
wetland; (2) The proposed replacement ratio is less than the 2:1
ratio required by Section 205.27.10.D; and (3) the petitioner
failed to submit the information required by the statute and local
ordinances.
Ms. McPherson stated that at the hearing before the Planning
Commission, several neighbors discussed the improper filling of
Lot 5. She stated that staff has begun a preliminary investigation
using aerial photographs which determined that new fill was placed
on the lot in 1989. Some additional fill occurred on Lot 6 prior
to 1993. She stated that the City's consultant is attempting,to
locate additional photos to determine what fill occurred after
1986.
Ms. McPherson stated that staff recommends that Council adopt the
resolution which states the reason for denial of the wetland
replacement plan.
Ms. McPherson stated that the petitioner believes that Exemption
24 from the state statute applies in this case. She then quoted
this section.
Ms. McPherson stated that staff has made a determination that this
exemption does not apply. She stated the original plat was
completed and finalized prior to the July 1, 1986 date outlined in
FRIDLEY CITY COUNCIL MEETING OF JIINE 20, 1994 PAGE 30
Exemption 24. She stated that during the plat approval process,.
the wetland issue was not addressed and areas of fill not clearly
indicated on the plat. She stated.that while the City issued a
land alteration permit in 1986, a building.permit was not.issued,
and the filling did not occur to the extent the permit allowed.
Councilman Schneider asked if additional filling occurred after
1986.
Ms. McPherson stated that in reviewing the 1989 aerial phatos,
there is a clear demarcation from the old fill and new fill. She
stated that staff .is in.the process:of checking the amount of fill
placed there in 1986, so the amount of new fill observed in 1989
photographs can be calculated. She stated that the south edge of
Lot 6 was filled between 1989 and 1993.
Councilman Schneider asked the City Attorney if he felt the City
had a valid case under Exemption 24.
Mr. Herrick, City Attorney, stated that he felt the information
given by staff is defensible but a good argument can be made that
this exemption does not apply. He stated that, however, this is
a new statute, and he could not predict the outcome. He stated
that he agreed with staff's recommendations and did not believe the
applicant met the requirements of the state statute, as he admitted
when this issue was before the Planning Commission.
Mr. Paul Harstad, the petitioner, stated that City staff has done
an outstanding job and has been very thoro.ugh in following through
with the state's requirements. He stated that their proposal does
not meet the 2:1 replacement ratio, but there is no more room to
mitigate unless they tear down trees on the property.
Mr. Harstad stated that in reqard to Exemption 24, the fact that
these lots were not developed prior to 1986 is irrelevant, and they
are not being allowed to develop them because of a state law. He
stated that there were fifteen lots that were exempt from assess-
ments. They were considered unbuildable, and these are two of the
lots. He asked the status of the other thirteen lots.
Ms. McPherson stated that of the fifteen lots, four are vacant, and
the remaining eleven were built on. She stated of these eleven
lots, all but two were developed between 1975 and 1979.
Mr. Harstad stated that it appears there are a number of facts that
indicate the lots are buildable. He stated that one of those facts
is that, in 1986, they acquired a permit to fill both Lots 5 and
6 and at that time, chose to fill Lot 5 to make it buildable. He
stated that due to economic reasons, they chose not to build on
that lot. He stated that there are clearly issues of drainage, and
the impact the filling caused to the adjacent property owners.
Mr. Harstad stated that Council will either have to approve or deny
FRIDLEY CITY COIINCIL MEETING OF JIINE 20, 1994 PAGE 31
this request. If it is denied, Mr. Harstad said that his intent
�is to a�pear before the state. He stated that they will move ahead
and test th:e constitutionality of the��Wetland Conserva'tion Act.
Councilman .Scfineider asked Mr, Harstad to address the filling other
than in 1986.
Mr. Harstad stated that £rom 1988 to 1992 he was out�of the state
going to school. He did inquire about the filling, and no one in
his office honestly knows about it. He stated that Lot 5 was
already corrected, and there was no reason to place more fill on
that site� He stated.that as for Lot 6, it wauld have bee� foolish
to add more fill when the sub-soil was not corrected. He stated
that he is not taking re�ponsibility for the fill dumped on that
site. He stated it is unfortunate that it happened, but it is
particularly u�fortunate that a neighbor saw t�ucks from his
company filling that site. He stated that they paid a sub-
contracto� to .do some grading. The fill was probably. dumped at the
site but not with their permission.
Mr. Bob Horeck, 5505 West Danube Road, stated that he is one. of
about thirty neighboring residents who have been at the last
several meetings on this issue. He stated that there are some
major problems for several of the neighbors if the wetland is
filled. He stated that prior to 1991 or 1992, they did not have
any flooding. He stated that fill was placed on the site in 1986,
and that the filling was reasonable and graded.
Mr. Horeck stated, however, that in 1992, about 300 cubic yards to
400 cubic yards of fill was dumped. Since that time, neighbors are
getting flooded. He stated that in his area, the water is roughly
two feet higher. He stated that the filling between 1989 and 1993
happened to both lots. He stated that it was Harstad's trucks that
dumped the fill, and he felt it should be removed at Harstad's
expense.
Mr. Dault, stated that he is a neighbor to
the water table has risen. He stated tha
been destroyed by the filling done in 1991
should be done about it. He stated that
this time was four feet below their bacl
within two feet. He stated that in heavy
to their back door.
Mr. Horeck, and he said
- their back yards have
and 1992 and something
the water table before
. yards, and now it is
rains, water is almost
Mr. Burns, City Manager, asked the impact of water in their back
yards prior to 1993.
Mr. Dault stated that this has only been a problem since the
illegal filling.
Ms. Burg, 5557 East Danube Road, stated that since the lots were
filled, she has had a constant wet wall in her basement. She
FRIDLEY CITY COIINCIL MEETING OF JIINE 20, 1994 PAGE 32
stated that if more fill is added the problem will only get worse.
She stated that.when she inquired about.the il.legal dumping, she
was t�hreate�ed and told if she did not get off the.property she was
going to be hurt. .
Mr. Harstad stated that he did not know whose trucks dumped the
fill, as Harstad .does not own dump trucks. He stated that it is
not clear tha��if two Y�omes were built on these lots it Would
adversely affect the drainage. He stated that if they increase the
wetland, it would probably improve the drainage substantially.
MOTIOI�7 by Councilman. Sc�neider to adopt Resolution .No. 51-1.994.
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
Mr...Herrick stated that if the.facts show.,there was :�1_legai.
filling, the City has options of taking either civil or criminal
action under.the state statute or under the rules and requlations
of the watershed district.or local ordinances. He stated that he
does not have enough information to.show if there were any viola-
tions, and staff is currently working om this issue.
14. RECEIVE AN ITEM FROM THE APPEALS COMMISSION MEETING OF MAY 24
1994•
A. VARIANCE REQUEST, VAR #94-04, BY PAUL HARSTAD, TO REDUCE THE
FRONT YARD SETBACK FROM 35 FEET TO 20 FEET IN ORDER TO
MINIMIZE WETLAND IMPACT AND ALLOW THE CONSTRUCTION OF A SINGLE
FAMILY HOME GENERALLY LOCATED AT 5470 EAST DANUBE ROAD N E.
AND TO REDUCE THE FRONT YARD SETBACK FROM 35 FEET TO 25 FEET
TO MINIMIZE WETLAND IMPACT AND ALLOW THE CONSTRUCTION OF A
SINGLE FAMILY HOME, GENERALLY LOCATED AT 5490 EAST DANUBE ROAD
N.E.
Ms. McPherson, Planning Assistant, stated that these are variances
to reduce the setbacks on two lots to minimize the wetland impact
and allow construction of single family homes. She stated that the
Appeals Commission recommended denial of these variances.
Councilman Schneider stated that the Appeals Commission and staff
are recommending denial of the variances. Based on the denial of
the Wetland Replacement Plan, WR #94-01, it would make sense to
table any action on these variances, until such time as there is
a final determination as to whether staff's position on the
wetlands is upheld.
Ms. McPherson stated that Council can table this item. The
petitioner could also construct a smaller home which meets the
setback requirements and the 0-4 regulations of the Wetland
Conservation Act.
Mr. Herrick, City Attorney, stated that the proper action might be
to table this request, as he felt actian on the variances would be
premature without knowing the outcome of the denial of the wetland
replacement plan.
FRIDLEY CITY COUNCIL MEETING OF JONE 20, 1994 PAGE 33
Mr. Harstad, the petitioner, stated that a.smaller home could be
constructed,_ as .mentioned� by .1Ks:� 1�fcPherson. ' He . did r�ot .�feel
adjacent�property owners would wan�t�that siz�e home in the.area.
Ms. Burg, 5557 East Danube Road, stated that the reason the
variances are being requested is to give a better argument for
bringing in the .f i�ll . She . stated ti�at .th,ere is � not a single home
built on East Danube Road that has.a varianae.
Mr. Dault stated that the road curves at these lots. If the vari-
ances..are granted., it will appear the homes are on the edge.of the
street. He stated that one of the criteria for a variance is a
hardship. Everyone in this neighborhood was told that these lots
were unbuildable and declared wetlands. He stated that there is
no hardship in this case. ..
MOTION by Councilman Schneider to table action on this variance
request and to bring back this item to the Council, after final
- action on the appeal of the denial of the wetland replacement plan,
WR #94-01. Seconded by Couhcilwoman 3orgenson. Upon a voice vote,
all voting aye,.Mayor Nee declared the motion carried unanimously.
15. RECEIVE AN ITEM FROM THE MINUTES OF THE PLANNING COMMISSION
MEETING OF JUNE 1, 1994 (CONTINUED):
D. SPECIAL USE PERMIT SP #94-07, BY AMOCO OIL COMPANY, TO ALLOW
THE EXPANSION OF AN AUTOMOBTLE SERVICE STATION GENERALLY
LOCATED AT 5311 UNIVERSITY AVENUE N.E.:
MOTION by Councilman Billings to grant Special Use Permit, SP
#94-07, with the following stipulations: (1) Variance Request, VAR
#94-03 shall be approved; (2) two pipe bollards shall be installed
at the southeast and northeast corners of the addition in lieu of
the five foot separation; (3) the addition shall be painted to
match the existing structure: (4) equipment noise shall not exceed
the maximum decibels established in Chapter 124 of the City Code;
(5) the outdoor storage of materials adjacent to the north lot line
shall be discontinued: (6) no parking shall be permitted adjacent
to the rear of the building or the addition and the area shall be
posted "no parking"; and (7) the dumpster shall be screened from
public view. Seconded by Councilwoman Bolkcom. Upon a voice vote,
all voting aye, Mayor Nee declared the motion carried unanimously.
16. RECEIVE AN ITEM FROM THE APPEALS COMMIS�ION MEETING OF MAY 24,
1994 (CONTINUED):
B. VARIANCE REQIIEST VAR #94-03, BY AMOCO OIL COMPANY. TO REDUCE
THE SETBACK FROM AN ADJACENT RESIDENTIAL DISTRICT FROM 50 FEET
T0 19 FEET AND TO REDUCE THE HARD SURFACE SETBACK_FROM 5 FEET
TO 0 FEET TO ALLOW THE EXPANSION OF AN AUTOMOBILE SERVICE
STATION, GENERALLY LOCATED AT 5311 UNIVERSITY AVENUE N.E.:
MOTION by Councilman Billings to grant Variance Request, VAR
#94-03, to reduce the setback from an adjacent residential district
from 50 feet to 19 feet and to reduce the hard surface setback from
FRIDLEY CITY COUNCIL MEETING OF JUNE 20, 1994 PAGE 3�
5 feet to O feet, with the following stipulations: (1) Special Use
Permit, SP #94-07, shall be approved; (2) a five foot hard surface
separatio� �hal-1.-be provided a�ound the addition,.except £or. the
installation.of�concrete bollards at the northeast and southeast
corner� of the addition; (3) the addition shall be painted to match
the existing structure; (4j equipment noise shall not exceed the
maximum decibels established in Chapter 124 of the City Code; (5)
the outdoor storage of materials adjacent to the north lot line
shall be discontinued; (6) no parking shall be permitted adjacent
to the rear of the building or the addition; and the area shall be
posted "no parking;" and (7) the dumpster shall be screened from
public.view. Secanded by Councilw.oman Jorgenson. Upon a voice.
vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
1Z. RECEIVE.ITEMS FROM THE APPEALS COMMISSION MEETING OF JUNE 7,
1994•
A. VARIANCE REQUEST VAR #94-06, BY MILLER FUNERAL HOME, TO
INCREASE THE AMOUNT OF FREE-STANDING SIGNAGE FROM 80 SQUARE
FEET TO 98 S UARE FEET TO ALLOW THE CONSTRUCTION OF A FREE-
STANDING SIGN GENERALLY LOCATED AT 6210 HIGHWAY 65 N.E.:
MOTION by Councilman Schneider to table this item to the next
Council meeting on July 11, 1994. Seconded by Councilwoman
Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
B. VARIANCE REQUEST VAR #94-07, BY HOLIDAY COMPANIES, TO ALLOW
THE CONSTRUCTION OF LOADING DOCKS FACING THE PUBLIC RIGHT-OF-
WAY GENERALLY LOCATED AT 250 57TH AVENUE N.E.:
Ms. McPherson, Planning Assistant, stated that this is a request
for a variance to allow construction of loading docks facing the
public right-of-way. She stated that the petitioner submitted a
letter in response to the stipulations, which indicated they are
willing to comply with stipulations one through five, but could not
commit to converting the parking lot adjacent to I-694 to green
space and landscaping.
Councilwoman Jorgenson stated that there are several other areas
in the parking. lot to the north of the building that need patching,
and she was concerned about the overall appearance of the entire
parking area. She also felt that the outside appearance of the
building was becoming less attractive.
Mr. Dean Nikont, representing Holiday Companies, stated that he did
not know the status for maintenance on the parking lot. He stated
that they certainly wanted the property to have a good appearance;
and there is a lot of work being done inside the store. He stated
that re-striping and general cleanup is done on an annual basis,
and they have a landscaping plane
FRIDLEY CITY COIINGIL MEETING OF JIINE 20. 1994 PAGE 35
Councilwoman Bol•kcom stated that she is alsa concerned about the
outside appearance Qf the store. .• _
�MOTION by Councilwoman Bolkcom to concur with the recommendation
of the Appeals Commission and grant Variance Request, VAR #94-07,
with the following stipulations: (1) the pavement in the access
area immediately around the loading docks shall be strengthened;
(2) the loading dock on the south wall shall be screened by
creating a planting.bed as drawn on the landscape plan. The
planting bed shall include the following materials: (a) 7-6' Black
Hills Spruce planted 15 feet on. center; (b) two groups of 5-2''
caliper Hackberry planted 15 feet on center; (c) 5-2-1/2" caliper
Autumn Purple Ash�planted 50 feet on center. The planting bed
shall be edged by a six inch concrete curb and shall be sodded and
irrigated. These materials shall be installed by October 1, 1994;
(3) the petitioner sha1Z submit a phased improvement plan indica-
ting the time.schedule for improyement of the pavement, repair of
the fence, and additional landscaping along the south and east
property lines by July 15, 1994; (4) the petitioner shall submit
a bond to cover the cost of the autdoor improvements for Stipula-
tion Numbers 2 and 3 by July 15, 1994. The bond will be held by
the City until all-the improvements are completed; and (5) a direc-
tional signage and pavement marking plan should be submitted by
July 15, 1994, to define loading dock access/areas. Signage and
paving marking shall be completed by August l, 1994. Seconded by
Councilman Schneider.
MOTION by Councilman Billings to amend the above motion by adding
Stipulation No. 6 as follows: (6) petitioner shall submit a plan
for general maintenance of the parking areas on the east and north
sides of the building prior to July 15, 1994. Seconded by Council-
woman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and
Mayor Nee declared the motion carried unanimously.
C. VARIANCE REQUEST VAR #94-08 BY WAYNE DAHL, TO REDUCE THE
SETBACK FROM THE TOP OF THE BLUFFLINE OVERLOOKING THE
MISSISSIPPI RIVER FROM 40 FEET TO 1.5 FEET. AND TO ALLOW AN
ACCESSORY STRUCTURE IN THE FRONT YARD, ALL TO ALLOW THE
CONSTRUCTION OF AN 8 FOOT BY 15 FOOT STORAGE SHED, GENERALLY
LOCATED AT 177 HARTMAN CIRCLE N.E.:
Ms. McPherson, Planning Assistant, stated that this is a request
for a variance to reduce the setback from the top of the bluff line
overlooking the Mississippi River from 40 feet to 1.5 feet and to
al.low the construction of an accessory structure in the front yard.
She stated that the Appeals Commission recommended denial of this
request. She stated that there was testimony given at the Commis-
sion meeting from a number of surrounding property owners who were
opposed to this variance.
FRIDLEY CITY COIINCIL MEETING OF JIINE 20, 1994 PAGE_36
Mr..Nea1 Hayford.,.'173 Hartman Circle, stated that he was strongly
opposed to this variance. He stated that.the storage shed shou���
' not b+e biti�l�t°..rn�:�he.�f��on� �yard.'.� He stafied that ��f it is.�mo�ed away
" ' . � �frorii th.e .propert� line .to� meet. the five� €oot setback.�requirement, �
it would be visible to those across the river and canoeists and
boaters. He stated that the petitioner has one of the largest lots
in..the area, there is plenty of room to construct.this shed, and.
he felt there is no�hardship. He stated that there were neighbors
� � who were at the meeting but leit -due to the �late hour. He su3�-
�� mitted a� memorandum to the Council� tiated June 20� -from�- proper�y�
owners at 170 and 185 Hartman Circle in opposition to this
.. varia�nce . :. . . . . , .
MOTION by Councilman Schneider to receive the memo dated June 20,
1994 from the-property owners at 370 and 185 Hartman Circle in
opposition to �thi�s va.riance.. .. Se�onded .by ..Councilwoman. Bplkcom.,
Ugon a voice vote, all voting aye, Mayor Nee declared tYie motion`
carried unanimous�y.. _ . � . . , . . : .
Dr. Dahl, the petitioner, stated that this structure is a small
storage`shed, 8 feet by i5�fee�t�. He stated that he is requesting
the variance because he has no.other a�ternative. He stated that
the structure will be completely screened and totally�inv.isible.
He felt that the location he chose is the most discreet.
Dr. Dahl presented photographs of accessory buildings along the
Mississippi River, which are visible to boaters. He stated that
the DNR has a different definition of bluff line. He presented.a
letter from Mr. Hovey, Hydrologist, with the DNR. Mr. Hovey
indicated in his letter that the DNR has not typically considered
storage sheds as structures requiring setbacks if they are without
foundations, no grading is required for their placement, and they
are 200 square feet or less in size.
Dr. Dahl stated that if the storage shed was placed on the east
side of his home, it definitely would be very visible from the
street and would be about 120 feet from his existing driveway. He
stated that this would make it less accessible and would be
directly in front of his neighbor's kitchen window. He stated that
if it was located in back of the home, it would also require a
variance from the bluff line.
Dr. Dahl stated that he wanted to construct a larger storage shed
five years ago, but there was opposition. He stated that he has
spoken with several neighbors, and they do not have any problems
with it. He stated that the odd shape of his lot does not allow
him to place the shed elsewhere on the property.
Mayor Nee stated that he felt eighty percent of the residents who
live on the river will have a need for a variance. He stated that
the DNR agrees that if the goals of the critical area are met, they
would consider supporting a variance if it is approved by the City.
FRIDLEY CITY GOUNCIL MEETING OF JUNE 20, 1994 PAGE 37
He stated that this definitely is an odd lot, and there is nothing
that could be built behind the home.
Mayor Nee stated that the petitioner pointed out that he felt the
variance should be granted on the basis that the shape of the lot
is unique and because the home is set so far back on the property.
He stated that if the home was set back 35 feet, then this struc-
ture could be placed in the back yard.
Ms. Connie Lane, 173 Hartman Circle, stated that she is concerned
about the DNR regulations. She felt that variances along the river
should not be given for.storage sheds. She stated that she has no
objections to Mr. Dahl having a storage shed, but it does not need
to be next to her lot or on the bluff line. She stated that the
lot is large, and there is no problem with space to construct this
storage shed. � .
Mayor Nee asked-Ms. Lane if the structure was screened, if this
would be satisfactory.
Ms, Lane stated that her biggest objection is that it is along the
river and within the bluff line setback.
Mayor Nee stated that he noticed that someone has cut down a lot
of trees on Ms. Lane's lot, and that sort of thing is what the DNR
will enforce. He stated that up and down the river there will be
residents that have some conflict with the critical areas. He
stated that those living along the river should be concerned that
they are not penalized by having this designation on their
property. He felt that the key issue was if this shed was in a
visible spot. He felt that it is not.
Dr. DahZ stated that there is no way the storage shed can be placed
in the rear yard, as there is a thirty degree incline.
MOTION by Councilwoman Bolkcom to concur with the recommendation
of the Appeals Commission and deny Variance Request, VAR #94-08.
Seconded by Councilman Schneider. Upon a roll call vote, Council-
woman Bolkcom, Councilman Schneider, and Councilman Billings voted
in favor of the motion. Mayor Nee and Councilwoman Jorgenson voted
against the motion. Mayor Nee declared the motion carried by a
three to two vote.
18. RECEIVE BIDS AND AWARD CONTRACT FOR CONCRETE STREET REPAIR -
NORTHISOUTH INNSBRUCK AREA, PROJECT NO. ST. 1994-7:_
Mr. Flora, Public Works Director, stated that five bids were
received for this improvement project, and Progressive Contractors,
Inc. was the low bidder at $253,400. He stated that it is
recommended that the contract be award to them.
FRIDLEY CITY COIINCIL MEETING OF JUNE 20 1994
PAGE 38.
MOTION by Councilman Schneider to , receiue� -the . fol.lcswing bids for� �
co�cr.ete :street� repair., �noxtl��'so�th.:.Innsbiruck area; �Project No.
ST. 1994=7:� ' . .
Bidder
PCI, �nc.
8736 Zachary Lane
Oss�o,.MN.55369
Arcon Construction
P.O. Box 57
Mora, MN 55051
Thomas & Sons
13925 Northdale Blvd.
Rogers, MN 55374
Advanced Concrete, Inc.
1143 Riverwood Drive
Burnsville, MN 55337
Total bid
. �$253, 40'0
$349,900
$356,190.
$389,400
Div 3-5-7 Specialties
7670 Hwy 65 N.E.
Fridley, MN 55432 $510,975
Seconded by Councilman Billings. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
Councilman Schneider stated that this is a maintenance improvement,
and there would be no cost assessed to the property owners.
MOTION by Councilman Schneider to award the contract for Street
Improvement Project, ST. 1994-7 to the low bidder, Progressive
Contractors, Inc. in the amount of $253,400. Seconded by Council-
woman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
Mr. Flora stated that staff has published an article in the Focus
News and will submit letters to the affected property owners when
this work is done in their area.
19. RESOLUTION NO. 52-1994 ORDERING IMPROVEMENT AND ADVERTISEMENT
FOR BIDS FOR THE COMMONS PARK SHELTER PROJECT NO. 267:
Mr. Kirk, Director of Recreation and Natural Resources, stated that
this shelter at Commons Park is in the 1994 Capital Improvement
Plan. He stated that it would be similar to the one at Flannery
Park but a little larger. He stated that it would contain rest-
rooms and an open space area that can be utilized for the summer
playground programs, as well as used for a number of after school
programs. He stated that there would also be an open picnic
shelter adjacent.
FRIDLEY CITY COIINCIL MEETING OF JUNE 20, 1994 PAGE 39
MOTION by Councilman Billings to adopt Resolution No. 52-1994.
Second�ed by Councilman S�hneider. Upon�a voice�vote,. ali,yoting
aye, Mayor Nee declared the�motion carried.unanimously.
20. INFORMAL STATUS REPORTS:
Mr. Burns, City Manager, stated that there were no informal status
reports. .
21. CLAIMS•
MOTION by Councilman Schneider to authorize payment of Claim Nos.
56013 through 56318. Seconded by Councilwoman Jorgenson. Upon a
voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously. . .
22. LICENSES•
MOTION by Councilman Billings to approve the license as submitted
and as on file in the License Cle�k's Offiee. Seconded by Council-
man Schneider. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
23. ESTIMATES•
MOTION by Councilwoman Jorgenson to approve the estimates as
submitted:
Bonine Excavating, Inc.
12669 Meadowvale Road
Elk River, MN 55330
64th Avenue Storm Water Improvement
Project No. 260
FINAL ESTIMATE . . . . . . . . . . . . . . . $12,662.74
Barna, Guzy & Steffen, Ltd.
400 Northtown Financial Plaza
200 Coon Rapids Blvd
Coon Rapids, MN 55433
Statement for Services Rendered
as City Attorney for the Month
of May, 1994 . . . . . . . . . . . . . . . . $ 3., 425. 52
Innovative Irrigation
10006 University Avenue N.W.
Coon Rapids, MN 55448
Corridor Maintenance
Project No. 266
Estimate No. 2 . . . . . . . . . . . . . . . $ 3, 192.95
FRIDLEY CITY COUNCIL MEETING OF JIINE 20, 1994 PAGE 40
Lunda Construction Co. �
, P.. O. Box �228 . , .
. � ; . L•ittli� .Ch'ute;" WI 5.4140-02��28 �` � �
Locke Lake Restoration
Project No. 211
Estimate No.. 1 . . . . . . . . . . . . . . $38,973.75
Automatic Systems Co., Inc.
P. O. BoX 120359� � .
St. Paul, MN 55112
Supervisory Control and Data
Acquisition System (SCADA)
Project No. 259 �
payment No. 3. . . . . . . . . .. $11,217..,60
�econded by Counail�aan:. Billings. .,Upon a. vo�.ce vo.te, all .voti.n� .
�aye, Mayor Nee �declared the motion carried ui�animously.
24. RECEIVE PETITION NO. 4-1994 �REGARDING COPPER SULFATE�
TREATMENTS AT MOORE LAKE:
MOTION by Councilman Schneider to receive Petition No. 4-1994.
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
ADJOURNMENT:
MOTION by Councilman Schneider to adjourn the meeting. Seconded
by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously and the Regular Meeting
of the Fridley City Council of June 20, 1994 adjourned at 3:14 a.m.
Respectfully submitted,
Carole Haddad William J. Nee
Secretary to the City Council Mayor
�
_
CIiY OF
FRIDLEY
MEMORANDUM
Municipal Center
6431 University Avenue Northeast
Fridley, Minnesota 55432
(612}'S72-3507 . . , '
FAX: (612) 571-1287 �
William C. Hunt
Assist�-�nt to the City Manager
. .��
�Memo � �c�: . Wii�i�am W�. : Burns, Gity Manaqer � � � � � �
From: Ailliam C. Hunt, Assistant to the City Manaqer �/ �
Subject: Public Hearing on Ordinance Ameridinq Chapter 2 and
Section 4.04 of the Fridley City Charter
Date.: June 22., 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 exp�edite presentation of these
amendments to the Council rather than wait for approval of the
minutes at their May 23, 1994 meeting.
On June 6, 1994 the Fridley City Council set a public hearing for
these amendments to take place on July 11, 1994. Notice of the
public hearing will be published on June 28, and July 5, 1994.
Accordingly, it would be in order for the Fridley City Council to
hold a public hearing on these amendments at their meeting of
July 11, 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
Pubiic Hearing on Amendments to Fridley City Charter
Chapter 2 and Sect"ion 4.04
June 22, 1994� �
Page Two
2:02.02- Deletes language which was requireci�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 beqin
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 Niayor pro tem and specifies
that the appointment is only for the temporary absence
or disability of the Mayor.
2.03.05 Clarifies that the Mayor's duty is not an on-going,
annual duty, but rather something done when necessary at
the direction of the Council. This avoids a potential
conflict with section 2.01.02 which prohibits the City
Council from attempting to perform administrative duties
other than through the City Manager.
2.03.06 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 redistricting of wards and precincts.
Eliminates the penalty against the Council for failure
to redistrict in a timely fashion after the decennial
census.
2.05 Clarifies the disqualifications of Councilmembers from
being employed by the City in other capacities.
2.06.01 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 Se�tion 4.04
June 23, 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�.ba�lots ava'ilable one month before the
electio�, the requi.remerits•of�riotice, and the�amendmerit
requiring at�least eight consecutive working days for
filing for office might make it difficult or impossible
to hold a Tuesday electipn 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 bef�re �
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 Councii 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
ORDINANCE NO.
AN ORDINAN.CE AMENDIATG CHAPTER 2 AND SECTION.�4.04
� . ' '. •. . .. OF •THE.:FRIDLEY GITY CHARTER . �
�. The City Council�o� th� �ity of._Fridley� does �hereby. ordain as �
follows: � � .
That the following sections of the Fridley City Charter be amended �.
as fol3ows: . .. - . � �
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: CLARIFIEB� THE SOURCE OF THE •�COUNCIL-MANAG��R PLAN.��
2. All 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 perPorm any
administrative �� duties.
..
3. The Council shall �se3�-����s�� perform the duties and
exercise the powers of all �ee�� City boards and commissions
except as n�-� otherwise provided bv statute or by this
charter. It may;��e�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 shali be
authorized by resolution of the Council.
COMMENT: MOVED FROM PRESENT SECTION 2.08.01. EXPANDS THE ABILITY
OF THE COIINCIL TO REQOIRE PRODUCTION OF NONDOCUMENTARY
EVIDENCE.
1�
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) � .�- �, .
�COMMENZ': MOVED FROM PRESENT SECTION 2.08:02. ..
�6. Except for the purpose of inquiry, _the Council and its members
shall deal wi,th and control the administrative services solely
. throuqh... the .City Manager, . and neither the Counci� . no,r . ai�y ...
member ther�of shall, give .orders to any of � the subordir�ates
of the City Manager, eit�er publicly or privately.
COMMENT: MODED FROM PRE'SENT SECTION 2.09
Section 2.83�02. ELECTIVE OFFICERS .
1. The Council shall be composed of a Mayor
Councilmemb�rs.who sha11 be.eligible voters.
and four �(4)
2. The Mayor shall be elected at large €e� in each United States
presidential election year to a���-er-t�i�ee--F3 ,
�; � � „ a w.., , ,�
�e��e�l���zs��e�-�e-�e-e-�e�e��-3��.r'�-s�pe €e�-t
�.- .s�e�rei�rg-�Te�
A�,�t�, �-,� ��,.�. � L�.
�_ j t-�e����ze-�e�se�-e�-e�e�e�r�€€t�e�
i�a�e=-sn�T�e-e�-e��e�€e�--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�m-e€-���ee-f-3}
. � .
-!-� -}-�ea�s-�e�ta i��� e€ �e�-a�re�s'� �n '�p e-e�e�rs���ea �- � �
t� s-E��e��e� e�--�t-�����e��—����i-�g
� '�'�i' . "�C�-�I�'�B�'c�i'���li'����Q_k���5'i_r r•^-=�T
�e�e�ed-�e-��e-e�€#�-�e-e€-Ee�e�i�e�e�-�t-�,��g�-s'��n '���
e�-e��e�€e� a term of four ( 4) years .
3-4 . Three ( 3) Councilmembers shall be elected fe����tt��t�ir�
�} �*?-��a _,�:: in each Minnesota gubernatorial election year
from three (3) separate Wards of The City,
�9�e-�eb��G e���'��iu��i•�• c • •.•,•'' „e�te�i��ttciiml.}i�€e=-- ::iTl^��'�c
�a ..... � i.. ; nti. ., �� cr9ti"'rsa's�n E--���6�T3'�iii�itt�9""'cr-r''su viTr� 6i-T�--�}-
'�-�'—G-�--��-���9-3-@rv-"'c � —c�irc�9r�'rai-r—nti'�—�Bir�iucr�a
��n� e�-€� T•�=-e�-�€e�-�a--e�re-(-�-}-�ea�-�e� �e e�}�-�i —�
�-�J o—zirE-�`9uir�iitEiii�Ei�9-�i26iH-�x�1�3��6 . ' a wT � -� i.. � � i...
��-E��a , n c i7 � � �t—�6i`—��t9--e-=---�iTe@-- f �Ty-�ai-T
. . �
Ee�rp��te�e�e�;:m-el-3-��c-�-ee�ee�--€e�-�-�e�nt to terms
of four (4) years each,
��`'�9�--�cu=-z''-.si�`��""'r�ai���86ii-E�-@�"�-� �n�vrrrcc
A f �+�e�m e� e�--re�a��e�-�s� -�-p e-e�-ee�ee�€e�--a-���nt-eT
fD
COMMENTB: SECTIONS 2.03.04 AND 2.03.05 MOVED TO NEW SECTION 2.04.
f�� '�he term of Mayor and of each Couneilmember shall begin on the
� first .�€r=??l h,���e�4 day '''�� '� -}`� of January following
their el�cti�ori to office and shall�end on December_�31 of the
� last year of the tezm. �The inct�mbent �may remain in . office
until �e� a successor has been duly -' ��L�a ��a ��� qualified
and accepts the office. The first order of business at the
first.of�icial Council meeting in each January that follows
� an �election year� shall be the swearing iri of the n�ewly elected
members of the Council.
COMMENT: CHANGES THE TIME3 WHEN TERMS BEGIN AND END.
6. The Council shall be the judge of the election of its memb.ers.
COMMENT: SECTIONS-.2.03.07 AND 2.03.08 MOVED TO NEW SECTION 2.04.
SECTION 2.04 MOVED.TO NEW SECTION 2.05.
' SECTiON 2.05 MOVED TO NEW SECT�ON 2.06.
Section 2.&603 THE MAYOR
1. The Mayor shall be the presiding officer of the Council,
except that a mayor pro tem shall be chosen from the
remaining Councilmembers to `��'a -°F��� 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 THE MAYOR.
2. The Mayor shall vote as a member of the Council.
3. The Mayor shall exercise all powers and perform all duties
conferred and imposed by this Charter, the ordinances of the
City and the laws of the State.
4. The Mayor shall be recognized as the official head of the City
for all ceremonial purposes, by the courts for the purpose of
serving civil process, and by the Governor for the purposes
of martial law.
COMMENT: THE FOLLOWING SENTENCE IN 2.06 MOVED TO NEW 2.01.07.
5. At the direction of the Council �the Mayor shall study the
operations of the City government and shall report to the
Council any neglect; dereliction of duty, or waste on the part
of any officer or department of the City.
6. In time of public danger or emergency the Mayor may, --"-� '-'��
�ea,=r�Ls ee�s�r� take command of the police, maintain order
and enforce the law. Council consent shall be obtained when
practicable.
1E
COMMENT: REVISED TO ALLOW MAYOR TO TARE CONTROL IN TIME OF
EMERGENCY WITHOUT FIR3T HAVING TO SEER COUNCIL APPROVAL.
Section 2.04 WARD COUNCILMEMBERS
1. The City. is divided into three
(3) separate election Wards designated as `�'�T Ward 1,
Ward 2, and Ward 3.
.
�9�i��-"c�i�e :zr
COMMENT: REVISED FROM PRESENT SECTION 2.03.04
2. �re A Ward Councilmember e-�e���—rr-e��� must be a
resident of such ward.
SL' "rizrrri�ra,9 @-u��:u@�iiE�-1-�3—�iE--����a2v��r�it�ri-vin�u�i
i
�� l^iT1 6'� 6-�-tEQ—�Fn "��rrs=!-�6�E�8 c�vu�rr��ii'cn u...... c.........
. 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 SECTION 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)��
' c i..i... r. • � ti. � i F.. • � � �}iG�r�rEi{tcci:ci�d'�t'@ir—:3r''r"'errs
ii —crac—c6uircr�`.}rr"a-i-x—LUiz�6 P�8 �6--c
'� ���e�e
. If further redistricting is
necessary, as determined by the Council, the adoption of the
�F
new boundaries shall be prohibited during the time period from
ninetv (90) davs before a primarv election up to and includinq
the dav of the aeneral election in the same year Any
p�ohibitions stated in the Minnesota state statutes pertainina
to the adoption of the new boundaries shall also apply
COMMENT: MOVED FROM PRESENT SECT�ON 2.03.08
Section 2.8,4 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 �n�;� �,� ta;
no
former member shall be appointed to any paid office or employment
under the City until one (1) vear after leaving office.
COMMENT: THIS CLARIFIES THE DISQUALIFICATIONS OF CITY
CO�TNCILMEMBERS FROM BEING EMPLOYED BY THE CITY.
Section 2.8rs06 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 regul.ar meeting of the new
Council, or by reason of the death, resignation, removal �rom
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 L30�
days the Council shall by resolution declare s�� a vacancy
to exist_ ��—s�-��€e�t-�i�t-rt�i. (Ref. Ord. )
2. If a vacancy is declared to occur before filings for the next
election of the office in question are closed, the Council
shall call a special election to be held not less than €e�-
thirty (30) days nor more than sixty-five (b-965)
days from the time such vacancy is declared. The Council
shall desianate a period of eiqht (8) to twelve 1121
consecutive workinq days for the purpose of filincr nomination
petitions in accordance with Section 4.06. (Ref. Ord. )
3. In the case of a special election to fill the vacancy, ��
7 � r y c c�}�t,--r"rizzim �-0-�—'a�9��9 s�-a�--p e—e�ee��e�--� e-��e�—t h e
procedure provided in Section 4.03, Primary Elections and
Section 4.04, Special Elections, shall be followed except for
the schedulina 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
1G
by the board of canvass and shall fill the unexpired term.
(Ref. Ord. 857, Ord. )
�-_ ' e-��e--�tre�e�s�--e�€-�k��Ee�re�--ts �ee�tree��e
. . ,
,
�g}9e-�i�e�r�s'���'��e--as �.., , .. .
. ,..
�6-i A�3R.�.... � � i� i;. �-�6-��t@--S .... L ;� i.. � i.. 2-9rr8i`�@9 c
- --- -- a - �.�. - _ -
4. If the vacancy is declared to occur in the fourth yea.r of the
term of office after filings for the office in_ uuestion are
closed, but before October 1, the Council shall appoint
[within thirty (30) days of the vacancy declaration] by
ma'oL rity vote a qualified citizen, who has not filed for any
municipal office in the general election in question. The
appointee shall assume the office immediately and complete the
unexpired term. (Ref, Ord. )
5. If the vacancy is declared to occur on or after October 1 of
the fourth vear of the term, the winner of the general
election shall be aualified and take office immediately. If
the winner of the general election cannot take office due to
reasons indicated in Section 2.06.01 above, the Council shall
declare a vacancy and order a special election as provided for
in Sections 2.06.02 and 2.06.03 above. The person so elected
shall serve out any of the remainder of the unexpired term as
well as the full four year term. (Ref. Ord. )
6. If the Mayor's position is declared uacant, 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 (3) 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 City Manager is vacant, the Citv 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. )
1H
�
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 b.e prescribed by ordinance duly. �adopted on or before November
1st of the ye�r preceding payment of the same. T'~Q,='�-z'��eTi-�t
�e}�e�-�e--P��--an�--��—�e� e-�-e�re
�`euire-i�—s'�..i 'rars-z-ei�P�v=e—s�e�—g-a-1-�t a �ei��t-�ei�--as—,ti-cx-e
When authorized by.the Co.uncik, its members. shail be remunerated
for their reasonable�_expenses incurred� in�corinection 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:
COMMENT:
SECTION 2.08 MOVED T(? NEW SECTION3 2.01.04 AND�2.01.05.
SECTION 2.09 MOVED TO NEW SECTION 2.01.06
Section 4.04
CHAPTER 4
NOMINATIONS AND ELECTIONS
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 Citv
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.
ATTEST:
WILLIAM A. CHAMPA - CITY �LERK
First Reading: February 22, 1994
Second Reading:
11
WILLIAM J. NEE - MAYOR
� _
_
�
Community Development D�epartment
PLANNING D�I�7IS�ON � . . .
� � City of Fridley � �
DATE: July 7, 1994 �
TO: Wil.liam Burns, City Manager �� .
FROM:
SUBJECT:
Barbara .Dacy, Comm�nity Development.Director
Michele McPherson, Planning Assistan�
Special Use Permit Requests by Gordon Hedlund;
��P #94-03, SP #94-04, and SP #94`05 � �
The City Council tabled the three special use permit requests for
Gordon Hedlund to allow construction in the Flood Fringe �
District. The City Council requested additional information
regarding the Coon Rapids Dam, the sanitary sewer system, and
storm water drainage. Staff has completed additional research
regarding the three areas of concern �nd offers the following
information.
Storm Water Runoff
Staff contacted the petitionar's engineer, Ulteig Engineers,
Inc., and requested that they calculate the amount of storm water
runoff from the proposed development based on a ten year storm
and a 100 year storm. Storm water volumes are calculated by
"acre feet", which is one foot of water covering an area 43,560
square feet, or 208' x 208'. The amount o.f runoff from a one
year storm is .002 acre feet.of water. From a 100 year storm,
the amount of storm water volume is .006 acre feet. In
engineering terms, this amount of runoff is small when compared
to storm water runoff from a commercial or industrial
development. Based on the plans submitted by the petitioner's
engineer, there should be no impact on adjacent properties.
If an adjacent property owner believes that the subject property
is causing additional runoff on his/her property, resolution of
the problem is typically conducted through a civil procedure
initiated by the homeowner through the court system. If it can
be proven that the subject property has not been constructed to
the elevations as identified in the stipulations of the.special
use permit, the City would have the ability to enforce
compliance. If the owner refuses to comply, the ultimate
resolution would be to revoke the special use permit. The City
Attorney notes, however, that if the property is in compliance
Gordon Hedlund SUP Requests
July 7, I994
Page 2 .
with the special use permit conditions, resolution of drainage
issues between two properties is typically handled via a civil
procedure.
Sanitary Sewer System
Councilmember Bolkcom posed the question, "What recourse does the
City have with the developer should it be determined that the
homes have an adverse impact on the sanitary sewer?" Staff spoke
with City Attorney Virgil Herrick regardin�g this issue., Mr. .
Herrick stated that if complaints were received regarding the
sanitary sewer, the City would first need to investigate the
cause of the. problem. . If the problem is .determined .ta.,be .as a
result of the operatio_n of the system on the subject property, a
civil proceeding initiated by the affected property owner would
have to be completed. If the problem is determined to be as a
result of some type of action by the City, the City would have
the responsibility to correct the situation, Finally, if the
problem can be directly related to one of the stipulations of the
special use permit, the City would have the ability to require
compliance.
The current system within the Riverview Heights area is an eight
inch main which connects to a ten inch line on Riverview Terrace.
This line reverts to an eight inch line on 79th Avenue to the
Apex lift station. While the slopes are adequate, this line on
79th Avenue can be replaced with a ten inch line when that
section of the road is upgraded.
Coon Rapids Dam
Staff contacted the Minnesota Department of Resources regarding
the status and safety of the Coon Rapids Dam. Attached is their
response. If the dam was noi safe, the DNR woul.d have required
that the gates remain open to minimize the amount of water held
behind the dam. Repairs are proposed for 1995 and 1996 by the
Suburban Hennepin Regional Park District. It is proposed that
the dam be repaired to enhance the potential for future
development of hydropower at the site.
Dwelling Heiqht
The City Attorney proposed a stipulation addressing the concern
about the height of the dwelling. He recommended stipulating
that the height of the building could not exceed 30 feet as
measured from the existing elevation of the property as opposed
to the new elevation. This would limit the height of the
structures to 22-26 feet from the new elevation. It should be
noted, however, that the zoning code defines the height of the
3A
Gordon Hedlund SUP Requests
July 7, 1994
Page 3
building as follows: "The vertical distance measured from the �
average elevat'ion of a finished grade at the front of the �' �
building to the highest.point.in.the cas.e of a.flat roo.f, to the
deckline of a mansard roof, and to.the mean distance between �
eaves and' ridge of a gable, Yii�,' or g�mble �`roof:"� Wtiile the
maximum height of the building is to be limited to 3�0 feet, _it is
possible that measuring the height from the average elevation to
the peak of the roo-f would indicate a height taller tha� 30 feet
based on the definition of building height in the zoning code.
Recommendation
Staff recommends_that the City.Council.approve special.use permit
requests, SP #94-03, 5P �#94-04, and SP #94-05, with the � �
stipulations as attached for each individual request, and also
the following stipulation regarding the dwelling heights:
* The building height shall not exceed 30 feet as measured
from the existing elevation and complying with the �
definition of building height in Section 205.03.11 of the
Fridley Zoning Code.
MM/dn
M-94-369
:�
CHERYL STREET SEWER BACKUPS
DATE � aDDRESS CAUSE� � �� - AGTION ;
03/11/94 Rod line
12/30/93 �614 Cheryi Backflow pperation � � �
02/06/90 Rod line
1 �/_/89 Backflow installed 614 Cheryl
09/04/89 614 Cheryl Roots
64a Buffalo .
620 Dover.
03/24/89 614 Cheryl Roots
06/ /87 Emergency hook-up instaiied at
lift station
05/14/81 614 Cheryl Roots
620 Cheryl
620 Dover
/ /80 Lift station alarm installed
07/26/76 614 Cheryl Roots �
641 Cheryi
07/19/76 614 Chery) Sticks
06/18/73 614 Cheryl Power outage
04/16/73 614 Cheryl Power outage
Since 1989
Check lift station on 79th 3 times each week
Check manhole at Riverview Terrace and 79th 3 times each week
Check manhole at Riverview Terrace and Glencoe 3 times each week
3C
Stipulations for Special Use Permit, SP #94-03
Lots 12 and 13, Block Y, Riverview Heiqhts
Generally located on the south side of Buffalo street_
East of Riverview Terrace � �
� Gordon Hediund . ,
1. The petitioner shall.submit an elevation certif.ic�te in
addition to a verifying survey prior to the foundation being
capped, which shall verify that the minimum first floor
elevation is 824.
2. The petitioner shall flood-proof the garage in accordance
with current federal and state flood-proofing requirements
to a minimum of the 100 year flood elevation.
3. The fill placed on the,property shall extend a minimum of 15
feet from the proposed dwelling unit.
4. The builder shall grade the property to conform with the
engineering plan dated May 23, 1994.
5. The verifying survey shall confirm that the grading complies
with the plan dated May 23, 1994.
6. Rip-rap shall be placed at the end of the swale adjacent to
Buffalo Street.
7. Erosion control measures shall be installed along the west,
south, and east lot lines.
8. The petitioner shall submit retaining wall plans that have
been signed.by a structural engineer. The retaining wall
shall be constructed of concrete or stone.
9. The petitioner shall execute and record against the property
a hold harmless agreement releasing the City from liability
if damage occurs as a result of flooding.
10. The petitioner shall grant a 10 foot flood control, street,
utility, and drainage easement along the west lot line.
11. The grading and drainage plan shall indicate the number of
trees to be preserved.
12. The petitioner shall sign a Combination Form, combining the
property into one tax statement prior to building permit
issuance.
3D
Stipulations for Special Use Permit, SP #94-04
Lots 29, 30, and 31,.Block %, Riverview Heiqhts
� Generally �.ocated on _the �south .side of C3�ery1 �Street �
� � � West o.f Broad Avenue - � � �
� � • Gordon Hedl�und � � � . � ..
l. The petitioner shall submit an elevation certificate in �
,addition to..a verifying survey prior ta,t3�e f.oundation being
capped, which shall verify that the minimum first f1QOr
elevation is 823.9.
2. The petitioner shall flood-proof the garage in accordance
with current federal and state flood-proofing requirements
to a minimum of the 100 year flood el�evation.
3. The fill placed on the groperty�shall extend a minimum of 15
�eet from. the .propos.ed c�welling :unit. . :: . . .
4. The builder shall gra.de the property to conform with the
engineering plan dated May 23, 1994.
5. The verifying survey shall confirm that the grading complies
with the plan dated May 23, 1994. The retaining wall
indicated on the plan shall be constructed of concrete or
stone.
6. Erosion control measures shall be installed along the west,
south, and east lot lines.
7. The hold harmless agreement shall be amended to require the
property owner to maintain the stormwater catch basin and
pipe.
8. The petitioner shall execute and record against the property
a hold harmless agreement releasing the City from liability
if damage occurs as a result of flooding.
9. The grading and drainage plan shall indicate the number of
trees to be preserved.
10. The petitioner shall sign a Combination Form, combining the
property into one tax statement prior to building permit
issuance.
11. The dwelling shall be constructed in the location proposed
on the grading plan.
3E
stipulations for Special Use Permit, SP #94-05
Lots 13, 14, 15, and 16, B1ock V, Riverview Heiqhts
Generally located an the north..side Dover Street . �..
� West of Broad Avenue � � � .
��� . 6ordo� Hedlund' � � �
1. The petitioner shall submit an elevation certificate as:part .,
of a verifying sur�ey prior to the foundation being capped,
which shall �erify that the minimum first fToor elevation�is �
824.1.
2. The petitione� shall flood-proof the garage in accordanc�
with current federal and state flood-proofing requirements
to a minimum of the 100 year flood elevation..
3. The fill placed on.the property shall extend a minimum of 15 �
feet from the pr.oposed dwelling unit. . ,
4. The builder shall grade the property to conform with the
engineering plan dated May 23, 1994.
5. The verifying survey shall confirm that the grading complies
with the plan dated May 23, 1994. �
6. Erosion control measures shall be installed along the west,
south, and east lot lines.
7. The petitioner shall execute and record against the property
a hold harmless agreement releasing the City from liability
if damage occurs as a result of flooding.
8. The grading and drainage plan shall indicate the number of
trees to be preserved.
9. The petitioner shall sign a Combination Form, combining the
property into one tax statement prior to building permit
issuance.
3F
� ULT.EIG ENGINEERS, INC. PROJECT NO.� !"1`��S BY C�t4,-�1Q /yJ.p���, OATE �`� !"�I�
CONSULTING ENGINEERS �JV /J ��� �
F A H G O- M I N N E A P O L i S p�OJ. TITLE ��°� k H LO�SCHKD BY DATE
BISMARCK-MINOT
PRELIMINARY fFNAL
. � ucrE/G �•a�rur - - . . r� . . . - ' . �
. ITEM �Un oT� Cq �cu � U�i,ons � �SHEET� OF
_._ _. _ --.. • . _ - � --. _. _ . - .
�. � � �� l%s��v� � �iL: 55 . . :� � . . � . . . _ � -_ _:_ : ___ 4
. .
: �ot� HY�2Avz��,. C,���cv�AT(DNs w-17y �Tft� Fcuotiila/6t
_ . '_ � • _- _ .
� A��a�.: C��' �. __ .l� A � � �.. __����E _ N�»� � CcN) = �a .1����� _ _ � �
:� . � . : . . . . � __ . : . .: . _ . . _ _ . �� . .
. ..__ : . : . . .
� .�_s.....
T �� ..
- O, 3s � ._- --
� - r � � . � .
_ __ . ___ ,_ __. _._
__ ___
v 2 � �✓ an.e.. -%� �' Q.S ,�,�,�+ � t-� 4 ' _: _ . . . .'..
_ O ��� - _ . _ _ _
. = _ � ,_ . _. ._..
.._ _ ._—�uno �� %�u.to7�1� � �_
_ .
_ _ � _. _ _ K �, . �„„ o
• ., : . _ —.�.--
� _._._ _ -- . . ., _ j -.YY'_ _ S7'o�n . - - - ; . _.__. �.�.' yr ._S-ta.»t . _ _ - - i(3�.'��'��r� _.;__ioo -,Y,,� sJo�j -
., , . � . . . _ .
. �.7C l S7�lN_�i _ '.. __ _ - 4 :'. � � : . . �/•�_.: ' �- �. - . -/ .�7i . ' ` !
� � � _ _ _ , _ � � a _ _ _ : { � _ . i.r / __.__. • �
Co�Di71�N b a�� y
_ _ __ __ _._ _ _ ___._
P� o ��SEo
CoNDi��onl
O �L
,�
i�
_ .. �, 3 . . ,
___ _ _._._,
�Q//. �
l v . :',_ � r- � ' -. ._.�
_ _ _ _ . _ _ _. . _--
_ _._. _
_ _ D�:.����c� _ o. l "_ _ _ o. I _"___ _ _ __ _ _ _ __o �_� N _ ._- - -, ° ,_3 "'--
__. _ _ _ _ . - - _ .-
_ _ _ __ _ _ _ . __
_.
, o/u�hL � i��%LI?ti1C.L _�YoPoi� _US. _EX(ST/NG__ C4N.QlJ'tON _ .._
' _. _ _. _ __ _ .__. _ _. ___ ___
.
US;�__O !_� __ f� � _
n , o••�_ �- yv :._;5 Y•_ .STo/?rr,s,
__ 1` _ _
, ___ _. __ __ __.:
i, V = o., �" �l�" ��4A ��3 s6o sf �= 9o:g �- o, ooa
- .
-
u�t �. 5 _ � / _ c -. �cr.- ft_._. ....
�
- . _. __... . __ . _ _
__ _ _ .__ __
___ _._ _
. _ — ----
U S�h� __�,'��� �r°�"', _l��Y 5To�2 �
_ `_.. H'1 '.. "
_ __ _ _ _ ___.._
Z' - _ _ _.__. _ _.
• �o�FF = �o.�') �.. � 1gi.bc� = o. oo�-A�e.-�t
lo - .
_ _ _ __ _ _
� V s�� � O. 3�� ��or,., ( 4 a_ r,� S�C, v», � _
� __
_ _.__ .
.. _ _
3 Ua<f = n. 3-•- � a�a c,�. - D,006 A�.-{�-
100
_ _ _ _ _ .__. .
3G
Eng�nee�ing
Sewer
INater
ParkS
ISlreets
�MeinSenancc
� MEMORAl'�TDUM � -
TO: William W. Burns., Ciiy Manager � �. PW94209 � �
FROM: Jof�n G. Flora,� Public Works Director �
DATE:
SLJBJECT:
June 22, 1994
Hedlund Special Use Permit..: . . .
An issue associated �vith the Hedlund's Special Use Permit for the three properties� in the
Riverview Heights area is the sanitary sewer line. The entire sanitary sewer system is predicated
on an 8-inch line which is more then adequate to serve the area and the community. The
Riverview Heights system collects into a 10-inch line on Riverview Terrace and then runs east
on 79th to the Apex lift station where the sewage is lifted and runs south eventually for
connection into the Metropoiitan interceptor.
The resident at 614 Cheryl Street has recorded a total of nine sewer backups since 1973. Six
of these were the results ofi sticks or roots in the system and three were the result of a power
system outage at the Apex lift station. Since 1981 we have improved the alarm system and
controls at the Apex lift station. Because this is a low area, we have equipped the site to accept
auxiliary power during power outages and have a number of times placed our generator there
during storm events. This area is particularly affected by heavy storms due to the large amount
of trees in the area. As indicated to the Nason's, their residence has the lowest basement
in relationship to the Apex lift station. Accordingly, if any blockage occurs in that line, their
residence is the flrst that the blockage affects. 1n 1989, the City installed a back fiow preventor
on their service. This was initiated as an attempt to reduce any backup into their basement.
In 1993, The Nason's experienced a sewer backup as a result of the back flow preventor
working in the 1ine. VVhile the Apex line was blocked, the back flow preventor stopped any flow
into the residence, bu: they experienced a backup in their line as a r�sult of their own waste
water disposal.
JGF:cz
�
�'
��
�����__ .
STATE OF
U�JU�J����Q
DEPARTMENT OF NATURAL RES.OURCES
500 LAFAYETTE ROAD • ST. PAU�, MINNESOTA • 55155-40
ONR INFORMATION
(612) 296-6157 �
June 22, 1994
�. �Jahn �'lora, �� Public Works D�irector .
City�of Fridley �
6431 University Avenue NE
Fridley, MN 56432 �
� � Re: Coon R�pids Dam
Dear Mr. Flora:
., You called.seeking information`about the.status:and safety of. the.
Coon Rap'ids Dam. I�tajor repairs .are planned to be carried 'ou.t in
1995 and 1996 by the Suburban Hen�epin Regional Park District,
which owns the dam. The Park District has retained Stanley
Consultants, Inc. to prepare plans and specifications. The 1994
. legislation that appzopriated.state matching funds.for the project
directs that the repairs must be done in a manner that "enhances
the potential for future development of.hydropower at the site".
Therefore, the repairs will need to meet the standards of both the
Federal Energy Regulatory Commission and the DNR.
Although major repairs are needed, the dam foundation is considered
to be stable. If the DNR Division of Waters had determined that the
dam was not safe, it would have ordered the gates to be opened and
left open to minimize the amount of water held behind the dam,
until proper improvements were made.
You may have heard that the Park District closed the pedestrian
walkway in response to our concerns about the safety of the walkway
railings. The Park District has recently completed temporary
repairs in order to restore use of tne walkc•:ay. The walkway is
pianned to be entirely replaced as part of the upcoming repair
project.
If you need any additional information, please contact me, or Craig
Regalia, Dam Safety Engineer at 296-0525.
Sincerely, ���
.d�% �'�✓
Mel Sinn, Administrator
Surface Water & Hydrographics Section
cc: Craig Regalia, Dam Safety Engineer
Dale Homuth, Regional Hydrologist
AN EQUAL OPPQ�UNIT1' EMP�OYER
G' _ j�'Zy 3,.
� � `� �a �
-%'�:'r2? ' 2
�\� ','I ��r ; o -
�
o :tS 4 t
o� ° Iz
� � �.�
� W y ��
,
,\ M ,
� � e ��,
, ��>
� � o
� �i l
��o--
:Am��1
;' �o �o
'n s� -
,o �- �
S° -
23 s�
3� 3
� � -
�� � po-
(; � �_ �
SP r94-04
Gordon Hedlund
��
( '
'.�.a��►1��
��������i1o�'�
�
5�
\..
m
p�.
k��
�
�:
i�
��� _' •
i�S�- :.
�� .
1'�
/� � L G��! 30 ' '�3 T l' - ' � _ F" � �w��G V � YI
. � � ��?9 3� ` 4 3 � �30 3p .c v • 3M �
�3
?� � )9 7 ) � „ =� � � p 31 (i ,
y 1 r, j1 �o �ti� ;�� 3�i � ,.,s
1 � (9�) ! 14 � ?` �3s ) :;
� ,� �o � 1 "� =. ) o
I �e � 3' _ °'9 �L Q 3
O�� 5 �i� 1�1 ..� '�� 1� 8'9 ?� 3c II � 9�' ` 5 ' ~z k
� Q �0 30 _ s ',� � r :. ` 5 c � ( �5 4 3 1z „ .. . ..�
o ,��.r � � b..y 3, _-.7 _ �6 � ����� si
e � t� 2 � � `lq 5 - � � / � i`'J' o �
_�../AO �Z : ' W � � !0 � ' , �, V
: 7� � ��C�t M �0�3° , ` �� 1� , 8 � 6 5 !.. !� 30 ` �e „z� `�6 % 9 L �J6'
- � 9 �,� 3 E �� �� � � � �� ^2 ' 5��,
/[f) � 8� 'o . / � �� %, 9 '8 _ 9 ' I 3 ���
+�r`$ ri�y�� . �3 EJ ° � �• " ' � � � d ,9`�
� � - ��0�� A '� � ' G � � �� �� z J
,� ' 18 � � ( .� ^3 c .(n a c �• ' �
\ c. � `��9 0'f 1 � • � 1 � . �/� c :r
� ''�E �, + ..S : ' � .�'�, f> Z �l ; -" �s • `T . zs =' `y6
�s u �o � � �}. 3 0
�� !A � 7.6 ?� � o ti
/ 8 j0 ^ �4
13 i3 9 ?o r °, �, j�4 -
�,��n 12 e o� 3o c
p �`•p o e Lf ' „ �0 30 e `�( � B
� T � � .za�i .. z1 - f� �4 5 `.� _ .A
_ e�' s� � i 9� �;'i i � , s:�
` � � 3 �? R�9 q G�. _ rs ,
�� I 4 5�� 3� ��e - .� Yf+21
� \ � ' • � � ~./I �l0 9 .8 7 6 5 4 �•
A �.30 � V
s
N �
T �
�Raw.
,o�� N �� z � s- �
� � ��
� a.a 9 H � ii. ti ` . ��'.
._ � , r g � 5
�� ¢3) f 6 ' 3� O � �022 '` °2/:`` 30 ` �
� iif•� �t J1: SO y 3 : : ?0+ : .tNiZ'�• .
� 9 . i.
9 � �. ,� . .. ��a i9 � �a z
�1 -it�ft�� J _ Zr . . Ts , • 1� -
� � '°.� � 9 :�ZC • /7 �11� . < '
,� >> � ,d � •
� � l3 ' = ro,, , �„ �,, , ,� ; ; :==1{cJ
<� c �) ; � o , i,)/q : {�) ;
, \ Ff fl) '`, ' �' : `'4.
� 9 '
3J ' �..Q�A�r�iv �IQ F
-. ,,, .., z, � � � � SP �� 94 - 3
-,
� 2 �!1 � Gordon• - �-�ilund
T��' � y _1_ .�_i�_`-=—`---i._<_. Y � r
.o n
,� — ^� .
� ``�
I � ��
' <_ Q,
,; —, .
: - .N . '�'�.,, �'' �v � �., .
. : �d ,, �� � .
` ,,,
� - 1+[ � o . . . (1 O C� �..r -� C�'�,1 ' .. . � . • ` . . •
. . J !, .Z �' ^ �'� J 1 • ..
� � s- ' t� � c�„ . �} T� • ' �. .
o �
Cq '�- . m "' -� • � �� (f � •
� � �� " �� o � � , ct� �
' F S b �; 6 � , .^ � I^ � — �� .
x . O �
� � '/ �� J � �.._�__ .)Y_— Y'1�..� .�_ . , .
. • x �� b I'�;_-_ �'='x lb S �c• .� � •
' l' . . • • :._.� . • /o � X... • \ . '� : . . . . . ' '
� � �" _ - ' .
, 3 , � �,. l , �
;� �- . � � o � - _-- -_-
; �� — - — - , ,
�
� fr `
�� ��l ��� � �. �
.
s i• ° ° .
., . . • � � �', , �r� . �
� -' ' i
... � � � . . .
1� � O ___ ,------- -� � ' '_ . . .
.
. . ���" . � , . . i �
. . . -- -- . l . . . . . � .
tn� 5•s� _°t
' i �
� ► e�
� \ 1 I � 0 i J
( � ' _ � -f cJ Q rj • ('� �
A ! � _ . �Q �t'L � �' / .��j..(� A�, ,. .
nN1 � v ��s� '�/ �Q
v
0 ' � �" .
,
, o0
�a , _� �, � o , � � �-�' ,
—t- � � � � 7 '
._.- a , � �
� `�' cJr�°`s�� �) �
� � ►- , � � . �
O , /
� ` �
� r ` , �
� z
I /
� ; -� � , _
�1— ` � - �—,�, j-
t1 - �- -� 6 °` = , _ �i �
s— '"�'�%� �
� __ _ _ _ _ - — — -- — — �-' � =���
�� - --=
, .�
-- - - _ �r
(�l _. �� �- T �
� r
_ �o � �� ' ,-� � j�
� �-
:�: , - - �
p \ � .. i �.' \ ` c�'
� \` r '��' ' / 6� � �� �
� � ry � F � �� � '
� - - —_ 7,�� �� /; ..j`� :� �� .�\/) �
.� N �p r� / !. `t/ C` /��,�� '
�
.o , � I�j ' 4' / y� �i ��
r� �,j
^� � 'L� �' \.
\ ~ - - �0� ��
���. — � �., ��
� � �' , \� �'��
t; � ��
3K
�
0
�._
n,
y
� .
J � 2
0 j' �
J T ,.
MIN. �ow�:-�T F�R = 0L'�•`� 2J =-P!'.�t�oXsV C.�'`��Du'�.
����c�,��.` SP�,«� s� . � �ZO.o�t�Ro'osr.-O �T b1N,
" _—�j r. D2R\ (�t AV �'�
SP ��94-04
� � � ���� � Gordon Hedlund
� t�oPo��� -� � ZS
° C �--� � �� l� � � � ��. �
� _ . U .� __ _ � .
- � . . � 1 .. A7 � . . - .
��t� � v \n) .
� .,�< < (
��`� .� �;, a� � � C� `� , ��`'�
-� �\ � �i' . 7 _ t `- � ' - - --- - �O� ��� �'J: . •
d�'C'•jP�wwA1-"� (i' \� � .g ^ . � \� C��`.
�`'e. ' , ' `° � _P'' �
�b,S. � �`J T_ i `q _ h '►c,
---r— ia+
�� � \id . ' � � L1• .
�NO a::nc.� � ' � �1. \� . .
o.�'. c�c�AR- 4� .� . , •� Q . . . . .
1 '
in V � � ^ �`
I' e►, , d �P 7 ,' � t �
�. ,� 1-, , l , , IJ
, ,�, � , �
�` 8 r9. � �,_
� � a
\►� f� `1ox \bX � \ 1 �.
%a So ' � � �.i. � / i
� • � _ , � - - --� � � � J-�-�
��� i � yc.e.�3-e ti� � �
� � � � I ' i ./�� � r i �
� ( 2M y� �' �
,n _ ; ,z '� � �i 8 � . � .�:�
,�' � ✓ (-� / ��j�.��� � { '•` l
� QI "�x ' � �
�
� _ �a� . � \ .i P/�.p �
- 1� �
T �. J ' � /
a �z �
� � I � , Sd? 6�o��-$Z A �
� ^
v. I 1 • 19. y; ' 1, /�
� °� � i �i ' 1
�'\ �l , 5 � �� , + 1 � 81 5'
o �
,,�`�� � n �
i ° � �
o \ �
t 3 ' � \ -� - - I �J
� r ti 2� , � 1
�, 4' i = ` - Zz / � �
, 1�- - 2 �� � � ,.�1
r C N� CO �t�+C R,� ' 1
o.-,s• ovc �Z ut+C-�-,-� �y � ��� 7 I.>�.!
� � J �l1
t� f
[L_ 816.5 � � �• `�er.R. , �b' �� o,�o i �A� p o A
i
x-- �`N r�Jr �b
5�� r O
( Q � _y
Q�' � �:T�IN t�i Y�p' HA��1 ��r+K -�$N�E J / eP
`� w oo � Pe P� TOrP y� AU-= g,
CB vtl , r� �� Q—� i Z�
B EEH (VE S 1 v� q ..� • 0. c
(iRATE �1?`� � ��� �W 2ti �
R.£. 818.1 �1l � ��A� a��
'.E. �8'3.� .Engineer Plan
D 4 2.3�
��.�-,A� o� 3L ��oM
, „-., �q �,., i �.� Pv ?�vi=av��=w
��
-� 1� L, v L- v v r�l :'l L. U��d i� �
�
I 11EREBY CfR1tfT 7HAF Tk75 �URYEY. PLAI/ OR REPOflT
r�5 PNEPAliED bY 1:Y UK I�NDEN uY OIREGT SuRVERYISIOn
Ar� Tti�T I �Y A ptA.T IiEOfSTER D L�NO �VR�EYQR �EK
TFi�i--1.�5 Of 3T iE YI SOiA.
- � �
MINNESO A REGlSTRATION NO.Zaz�o
hU�c i �7 J ui< v t� i�rv . ��.�, . - � nv�� wv��v�w�.�. �
,ouz �EFfEdSON sT. „���94-05 BEARINGS AR£ ON AN
IULlMb1A Ittl(i�HTS. W�. S 1
io,z, �an-u7o9 F�x �oi2► ��o��n Aedlu�i��ED DAitJ1A
c auo �� = rxt'� �� M� SPoT C�.Gy.
P Ro� O� C,1� _�"
— _ �u ��.o � � �, S�,c �1�c.K
L-�������-� c�� : R���.o 0�5-��,��.�:
LM� � r�cns�v:.o ,.
B�:fILNMA'�1�' Top NvT NYp�A�T 1aT
. ��r�Q i, �oYC-R AV�. --� 01�i--=G1��4'rit,ih�.0�`1TJJv"Z
��cv•" �2+�.�`1 CNt,•v,�.-�z�� zv =Q�OPoS�:�C,o.►�lTt���.'..
�oo y � c�� F woo ;'� z3 ,1 ---� - D2��tt N�1C:
M�N • �Owi:`�T fi�ooe = �i2.�1•1
(uvE�-E sPA�-�� � 4 = �RoPa E�� V�tTlol�!
i ' � � � /�'y\'? k
`��� � . . . _ .
,
/.� �
��2a. � l
,�
� f.w � /
�' �
�'a/
:.znA 7 8 .�
� �
.� �3Zu��\ � �
J�
� I
I
� o Q
t `
1"
� � O
i � �
� � r
J
,--f---J,� � .�,
L, �- , �
'a� �' �,� /
�� �
$�� � G
U�
��
819.? � i
, a�y, S l�!
.�
Fo�J r1p '
`� �
.� r�\a 3 �
/
x
87U. 6
�.
1 ��..i
2 4 x
,
1 JO ��=>
_ ._._ �t � � �, ��� - -
�bZJ/
���'
l� � 4.. J
, , �
_ __��_
'� r ^ --- —
}r�io , - - -
" " ' • ,'J\�, /
� I /� /
i ' Z'JP c.K-82y,\
' ! � '
i � 30 " `��
i
� � � �
�
C� P .
�l , ��aQ.5:.a6-82i.�
�
0
0
��
9p,,
��r(
X
zo
'3'1
�tl
.�
Q�
� ?�> ; ,
rBLa �
0, 4 Fo++w v
x �
�
� '� 7 `J
�� ' � 82�. � .J
� x . z L.
��
od
' s'�
►o' ���
i- � y\
-1 ��i/ �
�`
.� _ Szu �
___; _fi
,
819.4
z
—_—' �_...��--. �
.�
oy n
�y Z `/
�� ��
�
LL�
O y (
,�,� O I
J '
819.7
/.%a��% �
�'�- T --- � �g
\ �'" � — ►
�- B1T � WR-PJ ��� 3�'(�V� ' �1�(/r/ •81 �'J
'� ---- �q , � � �'�'> � � r•c.
Engineer Ptan
��> �� �,� � �.
r C
3M - �= �., �, �,�; �����
� ��
r �►
�
_�
Community Development Department
� - PLANNING DIVXSION
. . City of FridIey
DATE: July 6� 1994. ..
TO: William Burns; City Manager ��
�
FROM: Barbara Dacy, Community Development�Director
Michele McPherson, Planning Assistant
sUBJECT: Variance Request, VAR #94-06, by Kim Miller,
6210 Highway 65 N:E. � . �
At its June.7, 1994, meeting, the Appeals Commission considered the
variance request to increase the maximum square footage of a sign
from 80 square feet to 98 square feet to allow the.installation of
a second sign 18 square feet in area. As the request does not meet
the four criteria outlined in Section 214.21.02 of the 5ign Code,
the Appeals Commission voted unanimously to recommend denial of the
request.
Staff recommends that the City Council concur with the Appeals
Commission action.
MM:ls
M-94-316
STAFF REPORT
Community Development Department
. Appcals Coiliniissian Datc � June . 7 , 1994. . : . � .
.. _ .Planning Cocti.►tiission Datc . . - � � �
City� Council Datc" . June 20; 1994 ; July I 1, 1994
� APPLICAT�ON �NUMBER:
♦ VAR #94-06.
PETITIONER•
♦ Kim Miller-, Miller Funeral.Home .
. . ° LOCATION•.�: . � . . . .
♦ 6210 Highway 65; northwest corner of the intersection of
Highway 65 and West Moore Lake Drive. The property is zoned
C-3, General SY�opping Center District.
RE4UEST• . . � . . .
♦ Increase the maximum square footage of a sign from 80 square
feet to 98 square feet to allow the installation of a second
sign.
The petitioner stated the following reason for the variance
and hardship: "Identificatian on property for customers"
BACRGROUND•
♦ The petitioner recently received a sign permit to install an
80 square foot identification sign on the Highway 65
frontage. This replaced an 80 square foot sign which was
originally installed in 1972. The petitioner requests the
variance in order to install an 18 square foot
parking/directional sign on the West Moore Lake Drive
frontage to replace�a 24 square foot sign which was
previously there. There is no record in the file of a
permit being issued for the 24 square foot sign. The
petitioner has removed the original 24 square foot sign.
ANALYSIS•
♦ Sectian 214.11.02.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 eliminatzng large and excessive signage.
. .
��
Staff Report
VAR #94-06, 6210 Highway 65 N.E.., by Kim Miller
Page 2
Prior to granting a variance from the provisions of the Sign
Code, four conditions must be met. These four conditions
are outlined in 5ection 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 corner lot with good visibility from
Highway 65. The parcel is not unique when compared to other
commercial properties located on corner lots in the City.
The petitioner has installed a sign which meets the code
requirements. While the purpose of the second sign is to
identify the parking area, the sign also includes the name
of the facility. The site is designed such that the parking
associated with the facility is easily identified. The
petitioner could install two, four square foot directional
signs identifying the parking area without obtaining a
permit.
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 petitioner has exercised his property right by
installing a sign to the maximum permitted by code. Denial
of the variance would not deny the petitioner this property
right. The petitioner could also relocate the existing sign
to the corner in order to utilize both street frontages.
C. That the strict application of the Chapter would
constitute an unnecessary hardship.
Denial of the variance would not constitute a hardship as
the petitioner has installed a sign as permitted by code.
D. That the granting of the variance would not be
materially detrimental to the public health,
safety, or general welfare, or detrimental to the
property in the vicinity or district in which the
property is located.
The purpose of the sign code is to limit the number and size
of signs in order to reduce visual pollution. Granting the
variance would be contrary to the spirit and intent of the
code.
, �
� Staff Report
� VAR #94=06, 6210 Highway 65 N.E., by Kim Miller
Page 3 � . .
� �- � RECOMMENDATION/STiPULATIONS.:.' � '� � � ��
I . _ : . .. •
♦ As the petitioner has not met the four criteria for granting
a.variance to the sign code, staff recommends that the
. . .
Appeals Comm�ssion.recommend.cien�al of t�ie re est.to the
,� . . . , .. . . �
. . � City�Council.
.
.. .
APPEALS COMMISSION ACTION
, .
� -
♦ The Appeals Commission voted unanimously to recommend denial
�� � of the_.variance request.to the City Council. .
. .
;
, . �CITY COIINCIL RECOMMENDATION . . �. �
.
.
' ���� Staff� recoinmends .�that` the City Cou�cil concur with the �
Appeals Commission action.
4C
_ � �.I
t (•
1/ /A RNER �
. �,�� L. L_
.;i ��F
>I
� ---- —
33
, �,
�
VAR ��94-06
Miller Funeral Home
S /��
���. �
��' C/TY OF �
�j,
�
� �E.
E
3-¢- i.°:�,,'�,�
lsi (n)
� (A :
�—.
4ACE
bu �
, ;
40� "'� %v,°� �; ` '�' _ ; .~ '
.j . , ro,;' .
:
-�.. ( Z i , r
� / .4:
a�� 7
SUR `
,:
8 \ 4�,�, +:
E '�
�� � , �� �p 3
, �0
� P
E Z
. ►�_��, P� A
5
�S ■
LOCATION MA�
VAR ��94-06
Miller Funeral Home
Q
• • I
, •
�
' � •1 ♦
� %� � t � � �1. i � �. ..
�. if�� � � !�
• -���cw �p�i.
,' �M����.�. � • •iii� ' �i
��1(L.rA�� - • ,
• .
� � s�r�..�� .
� �_ � wia��rw S
� ♦�'��►��r • +�-�-. S ma' w�w �
� � � � � �' �� �i' • •/.�1� � � � ■�n
� ' ♦ �► �► �► ♦
i��l • .��v��� �������f;�` •:.��
♦ .����• �: �
.... ♦�`►�� t; - �
� • �1~������ t �;� � � .d.�
��?�: .
► O��• -•
��•�
.`��.�=1L :� � �.�� ► , � � �'��������:
�� ��+• � �`��r�
���; �♦
♦�-��♦ �-•s>�� -
. � ►����♦ � • o<•��♦ .
• ������♦ ♦�•.���
� �� : . � s�' ,�������♦ v�.���♦ • i •- .
� �♦ ♦. . ♦a�������♦ • .,,•-..�♦
_.• ♦��������� • �..�.....� .
- � s.! ♦o�������♦ • ♦��•►-�-�v-. .�.�,,
�•�'ry ♦�������♦ ♦ •• •��♦ .�-
1 ♦���.'6'�� ♦��������; �.,�.►• -s�� . s ,> �i. .
�`,...�, ;!�!��������������, :.��r����:�.�_�.� � ,.
• .
�� ::"����� :
. ,. ,
• z :
• E%
�` ��,
,.. �
. �
_ — �-, .
_ 4.- '_ j''���
� ` F�.`��'�,f'G _ _.
N
T
+++++
++. ..
f < ,__�_
++:- �
+++:+
++.r+
f+...
+++++
s
�
1
" �� N� �, 2 �
i s ,o , e �
2 = AT E 9
,
3H/QLQS'� S � S;�L�e ,�o
. - _ � `-E'=arHE
/ � � �
� /�•%�,�' � � '
-_1_.. _.__ ' �. .. _._..
DISTRICT LEGEND
R-1 ONE FAMILY DWG�S ❑ M-1 LIGMT INDUSTq�AL LJ
q-2 TWO FAMILY DWG'S ❑ M-2 ME4VY INDUSTq1Al a
R-3 GEN. MULTIPIE OWG�S W PUD P�ANNED'UNIT pEV. Cr
R-a MOBILE NOME PARK ❑ 5-1 HYDE PAFN NEIGMBONH00� I�.1
P �UBLIC FAC�LITIES � S-2 NEDEVE�OVMENT D�STRiCi �
C-� IOCAL UUSINESS � O-t CREEN 8 HIVER PPESERVF'����
C-1 GENERIL BUSiNE55 � O-1 CNITIC>L AREA �-��
C-1 GFNE�A� $N01`P�NG t•'.�1 - ,
-- GENERA� OiFICE .._ 4cC4iC� SiHEi'ti :� -
E
ZONING 11�1�,P
- � _
- i� � _
�»---�---�3i, - - - '->r- - — = -- - - - —. .�.._ _ _ _<__.Y.� �. _
f'1 . ,. . . . . . . . .. � _ . . . . . . . � . . ' . . . . .
:i. � . .. . . __
- - � ' y"'- . . . . , . . .
- ' f'- . _ - � ._. . . - . . . . . . . .
.. e
r _
..
. ;
.; E .-« �.>_ e . ..
` M1
(,an F ; " _ ' s-ti ' - _ . " _
��Y�w►i�{_5�.�� £ r!!�r�►�-.�.1: ■.�� �. _�- !!�.. .Y� , .
� �
���r•
MILLER FUNERAL HOME
.�(�. a �v(c�L
6z�o cJV.� d{i9�Zway 65
�ttd�, d�l,�ne�sota. 5543z
�6r2J 571-1300 .
. � � : . � . ' ' ' '. . May 10 � 199.4 '
Request
For InstaZlation of new 3x6 ft. Neon Sign to Replace existing 4x6
Face Sign on West Moore Lake Drive side of building.New Sign in Front
of huilding, (just installed by DeMars Sigt�s) is Neon,Glass covered
As 3x6 sign would be. '
�I � Yurpose is Parking Lot ideztif�ca�ion anu direciion intu Farking Lo�
' �. � �as well buildYng'indentification if Traveling West Moore Lake Drive
from University to Central (see picture of old Sign) Proposed DeMars
' drawing of sign enclosed, installed on existing Empty pole as Shown
' . in ,Pictures.
�
i;
�rn � ��1` "-'"
4G
�
CITY OF FRIDLEY
APPEALS COMMISSION MEETING, JUNE 7, 1994
. CAL�L TO •ORDER': � .
Chairperson,.Savage called the June 7, 1994,_.A eals Commission
meeting to order.at 8:00 p.m. . �
ROLL'. CALL- . . . . .
Members Present:
Members Absent:
. Oth.ers Presexit:
Diane Savage,_Ken jy6s, Carol_�Beaulieu
Larry Kuechle,�athy Smith
. ..Miehele Mc e�son, Planning Assistant.
Scott Le old, Miller Funeral.._Home
� � Dean N' ont; � I�oliday� Companies ' . � �
Wayn ahl, 177 Hartman Circle
G1 ys Lox, 165 Hartman Circle
J n Hinsve.rk, 170 Hartman Circle
eal Hayford, 173 Hartman Circle
� Corinie. Lane, 173 Hartinan Circl�
Arlene Gjevre, 180 Hartman Circle
0
MOTIO by Ms. Beaulieu, seconded by Dr. Vos, to approve the May
24, 994, Appeals Commission minutes as written.
�PON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE
MOTION CARRIED IINANIMOUSLY.
1. CONSIDERATION OF VARIANCE REOUEST VAR #94-06 BY KIM J
MILLER-
Per Section 214.11.02.B of the Fridley Sign Code, to increase
the amount of free-standing signage from 80 square feet to 98
square feet to allow the construction of a free-standing sign
on Lots 3 and 4, Block l, Herwal's 2nd Addition, generally
located at 6210 Highway 65 N.E. (Miller Funeral Home)
MOTION by Dr. Vos, seconded by Ms. Beaulieu, to waive the reading
of the public hearing notice and open the public hear.ing.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE
MOTION CARRIED AND THE PLTBLIC HEARING OPEN AT 8:02 P.M.
Ms. McPherson stated the property is located at the northwest
corner of the intersection of Highway 65 and West Moore Lake Drive.
The property is zoned C-3, General 5hopping Center District. The
4H
APPEALS COMMISSION MEETING, JIINE 7, 1994 PAGE 2
property to the south (St. Philip's Lutheran Church) is zoned R-3,
General Multiple Dwelling.
Ms�. McPherson s�ated the petitioner recently.received a sign permit
to install an �80 square foot identification on the Highway 65
frontage. This sign replaced a previous sign which receiv.ed a
permit in 1972. The petitioner� is proposing to install a second
18 square foot sign (3 feet� by 6.feet) .on. th� West Moore Lake Dr.ive
� frontage : to�� rep.�a�e �the previous . 24 �'squar� fdot sign which was
� previously located on West Moore I�ake..Drive. That sign has been
removed. There is no record of a permit being issued for the
original .24 square foot .sign.. .
Ms .- McPherson � stated that prior to gr.anting a variance from the
provisions of the Sign Code, four conditions must be met.� These
four conditions are� outlined in Section 214.21.A2 of the Sign Code:
A.��.That there�ar� e�ceptional or�extraordinary cir�umstances
applicable to the property or to the intended use that
do not apply generally to other property in the same
vicinity and district.
Ms. McPhers.on stated �this commercial �property is located or► �a
corner lot with good visibility from Highway 65. The property is
not unique when compared to other commercial properties located on
corner lots in the City. The petitioner has already installed a
sign which meets the code requirements. While the purpose of the
second sign is to identify the parking area, the sign also includes
the name of the facility. The site is designed such that the
parking associated with the facility is easily identified. The
petitioner could install two, four square foot directional signs
identifying the parking area without obtaining a permit or
variance.
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.
Ms. McPherson stated that the petitioner has exercised his property
right by installing a sign to the maximum square footage permitted
by code, Denial of the variance would not deny the petitioner this
property right. The petitioner has the option to relocate the
existing sign at the corner in a diagonal position which would
utilize both street frontages.
C. That the strict application of the Chapter would
constitute an unnecessary hardship.
Ms. McPherson stated that denial of the variance would not
constitute a hardship as the petitioner has already installed a
sign as permitted by code.
41
APPEALS COMMISSION MEETING, JUNE 7, 1994 � PAGE 3
.. . �� � D.;. � Th�fi the. gY�anting of. the varian�e wQu�.d no�. be materially��• � ,
. . detrimentaZ .to • the - publ�i;c � health, safety; � or �gen�ral � ' . �
� ., welfare; or det�rimental to the proper�y in.the vicinity •
or district in which the:property is located. �
, Ms.. McEherson stated �:the, .purpose.; of: the,,sign code, is�,.to °Iimi� th�e
number and� size �of signs in order �.to reduce .visual �pi�llution.. �
Granting the variance would be�coritrary�to the spirit and intent ��
of the Sign Code: _
Ms. McPherson stated that since the petitioner has not met the.four.
� conditi.ons neces$ary far ��anting�a variance, staff recommends.the
Appeals Commission reeommend denial of this request.. � :
. Mr. Scott _ Le�c�r.old,. Mi�ler Fwneral Home., ::state.d he wouid like . to:
state�the iacts relevant to�the four conditions to show.why they
feel they should be granted this variance:
A. That there are exceptional or extraordinary circumstances
., applicable to the property or to the_intended.�se.that ..
do not� apply general'ly to other� �roperty in the �same
vicinity and district.
Mr. Lexvold stated they believe their business is a unique
business. People who come from out of town are not.familiar with
this area, and they need to find their building and parking as
easily . as possible. Their business is located on a lot that is
different from other businesses on similar lots. Their lot
extends along West Moore Lake Drive, and the parking is in back of
the building along West Moore Lake Drive that may not be seen from
Highway 65. Some people turn up the frontage road, because they
are not sure where the parking is located. He stated they are
trying to ease that situation by having this sign direct people to
the parking area.
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.
Mr. Lexvold stated Section 214.11.2.A of the Sign Code ailows one
sign per street frontage. They realize that Section 214.11.02.B
says that a maximum of 80 square feet of signage is allowed per
development, and they also realize they have used the 80 square
feet for their first sign. In trying to clean up the second sign
which they felt needed replacing, they found out they did not have
a variance for that sign_ They are now applying for that variance.
They feel the second sign does fit in, and they would like to be.
allowed one sign per street frontage. The Sign Code also requires
the maintenance of signs.. They were trying to stay within the Code.
by doing that with the replacement of their second sign but were
4J
APPEALS COMMISSION MEETING, JUNE 7. 1994 PAGE 4
unaware that they did not have a�,variance. Now, tney are trying
to rectify the situation_as�easily.as possible. ��
C. That the strict application of the Chapter would
constitute an unnecessary hardship.
Mr. Lexvold stated that due.to the unique nature of their business,
people come from other areas and are not familiar with Fridley and
the location of their business. They also have elderly people who
are a little confused and they sometimes have to come at night.
To be able to locate their parking easily is a great relief for the
elderly.
Mr. Lexvold stated the suggestion made by staff. that they try to
utilize the one 80 square foot sign and move it to the corn�r of
the lot is, from their point of view, out of the question because
it would be cost prohibitive. They would have to re-landscape,
move roeks, shrubs, and a boulder on the corner, and cut down trees
for visibility of the sign from both West Moore Lake Drive and
Highway 65. After going to the expense o� altering the entire
iandscaping to do that, they would end up with a sign that is meant
to be seen north and south effectively. It is not a sign that is
designed to be seen from all four directions.
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.
Mr. Lexvold stated they have had this other sign for 20+ years and
have never received any comments from customers that it was visual
pollution; only that it helps their customers find the parking
area. They believe that the safety and welfare of the public would
actually be aided by the sign. Most of the traffic to their
business is off Highway 65. If they can get those people to the
parking lot as quickly as possible, they can clear the Highway 65
intersection and try to avoid any traffic jams or accidents that
might occur in that area. They work hard and spend a lot of money
to keep the exterior of the business looking nice. They do not
want to be over-flowery or cause visual pollution; they just want
to help people locate their business and parking lot without
difficulty.
Ms. Savage stated staff has recommended that the petitioner could
install two, four square foot directional signs identifying the
parking area without obtaining a permit. What does the petitioner
think of that alternative?
Mr. Lexvold stated that when they were in the process of replacing
the second sign, they designed the new sign with the name of their
business on the sign, not realizing that there would be any
difficulty. They feel that putting signs farther down that just
4K
APPEALS COMMISSION MEETING, JUNE 7, 199� PAGE 5
say ''par�ing" is not going .to identify the building for people
_ coming. down Wes�..Moore Lak� Drive from the west. They feel�the
� �sign�as designed wi11 serve ti�eir purpose and the general�public's
�purpose better. It is a valid alternative, but they hope they can
keep the sign they have had designed. He believed the sign is
completed or is near completi.on. �
�. Dr. Vos asked if the�two, four square.foot`.directional signs could
be�illuminated. �
�Ms.�McPnersori�stated, yes, that�would be.�possible.
� MOTION by Dr. Vos, seconded by Ms..Bea�lieu�,�to.close the public.. �
hearing..
UPON A VOICE�VOTE,..ALI, VOTING AYE, CIiAIRPERSON.$AVAGE_,DECLARED.THE ..
.MOTION CARRIED AND.THE PU�BLIC.HEARING CLOSED AT 8:15 P.M.
Ms. Beaulieu stated she was impressed with Mr. Lexvold's
presentation and how he addressed each of the four conditions in
the Sign Code. She was impressed.with Mr. Lexvold's argument about.
elderly�people and their need to know where the�business and its
parking are located. However, she believed this need could be met
by the alternative of installing two, four square foot directional
signs. It is too bad if the sign has already been made, but the
sign company should have applied for a sign permit before making
the sign rather than afterwards. She did not believe this variance
request meets the-four conditions of the Sign Code, and she would
vote to recommend denial.
Dr. Vos stated he believed the directional signs might be more
helpful for the parking area than the one sign. He considered one
80 square foot sign on Highway 65 to be adequate and then have
directional signs for the parking. He did not see the need for.
another sign with the name, "Miller Funeral Home", on it. He
stated he, too, would recommend denial of the variance.
Ms. Savac�e stated she agreed with the staff report that the
property is very visible, and it has a very visible sign. She did
not feel there is that much difficulty in finding the parking area.
She also appreciated the fact that Mr. Lexvold had discussed the
four conditions. That is not normally done by the petitioner. The
problem with sign variance requests is that if the Appeals
Commission grants this request, then it sets a precedent for other
businesses to want additional signs. If they get a number of signs
exceeding the 80 square foot requirement, it does visually pollute
Fridley. The Appeals Commission is trying to limit that visual
pollution. She agreed with the other commissioners to recommend
denial of this variance.
4L
APPEALS COMMISSION MEETING, JUNE 7, 1994 PAGE 6
MOTION by Ms. Beaulieu, seconded by Dr. Vos, to recommend to �ity
Council denial of�variarice request, VAR �94-06; b� Kim S. Miller,.
per Section 2�14.11.02.�B of th� Fridley�Sign.Code, to increase the
amount of free-standing signage from 80 square feet to 98 square
feet to allow the construction of a free-standing s'ign on Lots 3
and 4, Block l, Herwal's 2nd Addition, generally .located at 6210
Highway 65 N.E. (Miller Funeral Home). �.
IIPON A VOICE VOTE, ALL•VOTING AYE, CIiAIRPERSON SAVAGE DECLARED THE
MOTION CARRIED IINANIMOUSLY.
Ms. McPherson stated this item will go to the City Council on June
20, 1,994. , . .
2.
0
COMPANIES•
Per Section 205.15.05. .(6).(A).of the Fridley Zoning Code,
to allow the constructi of_a Ioading dock.facing the public
right-of-way, on Lot l, lock 1, Holiday North lst Addition,
the same being 250 - 57t Avenue N.E. (Holiday Plus)
MOTION by Dr. Vos, seconded by
of the public hearing notice.
UPON A VOICE VOTE, ALL VOTING
MOTION CARRIED AND THE PIIBLIC
. Beaulieu, to waive the reading
CHAIRPERSON SAVAGE DECLARED THE
ING OPEN AT 8:20 P.M.
Ms. McPherson stated this proper�ky is located in the northwest
corner of the intersection of I-6�4 and University Avenue. The
property is zoned C-3, General Shopping Center District. The
property to the north is zoned C-2,�General Business.
Ms. McPherson stated the petitioner is proposing to install two
new loading docks, one in the southea t corner of the building and
the second on the east side of the bu lding where entry doors were
once located. A typical below grade 1 ading dock is located along
the west side of the building which�,is used for typical semi-
trailer truck deliveries. �.
Ms. McPherson stated the purpose of the i�ariance is to accommodate
a change in marketing strategy by Holiday Companies. A letter
dated May 31, 1994, from Holiday Companies, explaining the marketing
changes was included with the staff repo'�rt. As a result of the
marketing changes, three stores will be��;created within the one
building. The first store is the groceryl,part, the second store
is a sporting goods store located in the s�outheasterly corner oi
the building, and the third store is a pet foods and supply store.
Due to the different hours, staffing hours,� and procedures, each
of the two new stores need their own loadina�docks.
4M
[_% Community Development Department
U . �P�.�NG Drvls�oN ..� . � .
� � . City of �'ridiey � � � � . . .
DATE�: .. July 7,, 1994 � � -
TO: William Burns, City Manager ��11�.
FROM: . Barbara Dacy,, Community Development Directo�
Michele McPherson, Planning Assistant � �
SUBJECT: Second Reading of an Orclinance Appr.oving Rezoning
Requ2s��, ZOA #94-0�1, by 8cott �Lund of. Rite=Way �
Mobile Home Repair
The City Council held the first reading.of the attached ordinanCe
approving a change in zoning.districts from C=3, Gen.eral Shoppirig ��
Center district�to M-1, Light Industrial at its JunE 20, 1994
meeting. The request is generally located north of 73 1/2 Avenue
and east of Highway 65. The City Council conducted the public
hearing regarding the request at its April 4, 1994 meeting.
Staff recommends one stipulation as a condition of approval:
1. The plat request, P.S. #94-01, and vacation request, SAV
#94-01, shall be approved.
Staff recommends that the City Council approve the attached
ordinance for second reading.
MM/dn
M-94-356
ORDINANCE NO.
� . � ORDI.NAN�E� TO AMEND THE CITY CODE OF TI�E �CITY
' OF FRIDLEY,�MINNESOTA BY MAKING.A CHANGE IN
ZONING DISTRICTS �
� � � The Council o�� the City of` Fridley does ordairi as �follow�: � ` �
SECTION 1. Appendix D of the City Code of Fridley is amended
as hereinafter indicated. . . , .
Be and is hereby rezoned subject.to the
stipulation adopted at the City Council meeti.rig of
, � .-� : 1994. :
SECTION 2. TYre t�ract or area within the County�of Anoka and '
the City of Fridley and described as:
The East 180 feet of Lot 3, Block l, Central View
Manor 2nd Addition, generaily located on Highway.
65 south �of Fireside Drive and north of ?3 1/2
Avenue. �
Is hereby designated to be in the Zoned District
M-1, Light Industrial.
SECTION 3. That the Zoning Administrator is directed to
change the official zoning map to show said tract
or area to be rezoned from Zoned District C-3,
General Shopping Center to M-1, Light Industrial.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY
THIS DAY OF , 1994.
ATTEST:
WILLIAM A. CHAMPA - CITY CLERK
Public Hearing:
First Reading:
Second Reading:
Publication:
April 4, 1994
June 20, 1994
�
WILLIAM J. NEE - MAYOR
ZOA ��94-01
Scott Lund
N l/2 SEC. /2, T. 30,
C/T Y OF FR/OLEY
� 2
L22 I 2 ti.. — C
I , M t ER
-a��, SE; � 6@FJbITY- R@AB
�T .,�:.r,4FB-" , _ ' � .,. ,, y, .
�Vi�'i �"':LAMP RT�S�, e �s�;'m;V'.:.°� ;pBR � „ .. .GTY L.IMITS. _ ,,� �� M °� �. � � ,r�
tif � . � � ,r: , �,..� et - , '� .
i �'� C� � �� .�_•_� ._ �'f i+�' z s 4 5 d � a
`. 3 � �: t� `�= , 3` � FRIDLEY � I ,.; r ,, e � �n) (r) (.> ���u
i
I ` � � ,3` •
; rz 'AD /TliON � i �a :t A DER90N - a<R,,�.2z z- zo �9 °,a:
� f.,,,,,� _ . . _ . r> �: �
.. .. . � , �+�' . . � .:. � z5 c ..y', a ORIVE
i �,� �,: �'/ : ,
i i :e � j ,-s. . �ia�, s ,� . .b,� �n �r� 'i� i�
T��, .� ` ..N 4 :M�6 �/��° a U ro 9 �
..�v.1� e ,�,�v./ ( -_�'� y ' � ' ' (zTq; (�7) � a ,.
� � � � ' ' : ,, ,. ..,,. 5 : 1 ( Z' � : ry,� (+�„ � �o
; :'� .., a_ � I �l�`?B a ..._ - � r.. _,,, �� �
� u y � ` � DEVELOPMENT ' �z9 . � °'�� �*B`; -`' �' �Z
. � � � ,,; �a , u � � _- <�. ,
.�: � .
, � 2 i ° "3 ° ,w�' ?e� ` - 2 �,.�
VJ6a.. . �� n I f� � �- J• e .
M.M+6G� 6. e.. . . �.• n�.� .
._..n. �:�'. � . �
�t1
. i�,. Sj <:� � 6 3 I� 3�� 2 ::�ai.
� i [f(y .' ! �
. �I. o�R ir c.,�,�., � �� s`��. A�) (� . (N) (�);
� w'Jw. :I � �[14. � .' , e, l�) S t .' �
I �. r� �rea . n , �%� �� lS.�r� t�^ .�� 9.fi�` II (�l .
1 j.✓ .
I� I 'I. • •; yV• ` �, . "
il L71 � ,yZ.�, � �- ,,. ita�'"":�,y�`;,{"a�o1�`r'r`_'.`L�_
C0� Z` � Q ��.
N� � ' t
I' � ZI � . �; - /s;4' _ �,� _ �s (1 •�) Li�,
� ;� �'I r%'ra W` is��Y:"s� '3 cC�> s c
; � � _ Q _'—T' _' — T � �' .. --�
; i \�} -- - �1 s:sE !' 1 . /) I' F 1 ::' , � (i9 h) ` , rl�
I � �' S' (
-.,�o,
> _� ----1' ,N:nsw.O..�,.t., r.eo6eed I ` _` ' +
, I ' f .; � ^� 1 � � �.w S \ ��� �Q�I<
� � Y ...�o-/.� . � �. •� ' _ �
i � V .
.�, z ';r� (., r� ` N, n�°J* g C
� � i. r.� r,�, n,Y (,sw,• ivr> am �
, S
� FI � I " �
�, � ..
i � � =fIRESIOE , DRIVE =
, yl � . �.. _.� _ . I ••"`° �, Fr; �l :i.
r � i ..��, `f ` ' 3' z , �, ,
` �i u� �a -_ ., a 8.,.>.. �� ui ° ...r ' �
� r I > �.
� ��� � »s.i. �: _�r: a .....E a ' /� � '�e) /Z , �t ` iji
�I � J � • �f
. �I � ' .
� � �
Fz i WALNU �"' a' �' �'"
;Develo CENT�A EW� ` OR W ' � D T/ Nt
;�
� p �:.� J- � z� � A�� �o +, � .
, � - �� ,�.
, � �, _ - ��: :,: , r �, , , , ' 1 ... :��,
I � • �' 3 5) ;�) (�)��': :� �>I r) (iU �V�(Os��y ��, 17 -IN� /; a'°'�'',l
LL � a d ,O� / /I /i i} �� /. i , ''
�, i , i i ; o^ .- .h''• ";:,..:'.
', '', � ,�.. , � -�a,
� 731/2 AVE. N.E. . � t � � �~: -. �
�j �; ,"Z (sa .. ._ '' (v
; � ' G � �r � � r; - .- "•• ,w,,;,,��, -
I I`� -- -. � V, a;: � ��: b, I q: �� ��. ��; r� ;o� t��� �r) 0 4+'� � �x) i � l+'� W�� N'' w 2�n.o� E�,,.`;,',.,-.r
,-S :� 2 i s' S' F 7" F� ir iz ,.a' ;� �' ,� � ��.w�,
�.. � _ .y� 42 *9 I � 1 �.,d �— -- __ ��pl `9' �..,, rs�
.
' _ � .. ^ . . _- ' ' _—
. � . � . , . . _ _
�" _ i .-_�.__ `;,w,'`� —:_-_---_:_.v :" ` .° � �Ea 9ttNTY 9iATE-AtET t4t6F
v
- Vf------Nf. -- _ ._� _ .—.—______ ' -E
� �� � `CEN
I SEC. /II
�
�� ::2�; 13
�23�
5B LOCAiIC)N IVI,AP
�
=�
DATE:
TO:
FROM:
SUBJECT:
Com�nunity Develo�ment Department
� � PLANIV�N� �I)IVISION . � .
� � �� � � � City of FridTey � � . . .
Jul 7 1994
. . . .. �
Y . . � . �
William Burns, City Manager �`�' .
.Barbara Dacy, Community Development Director .
Michele McPherson, Planriing.Assistant� �
� Second Reading of an�Ordinance Approving a.
Vacation Rec�uest, SAV #94-01, � by Scott �-�,und- and .
Alvan Schrader �
The City Coun.cil conducted the first reading of the.attached .
ordinance . at its June 20, 19.94 meet-irig. The. peti�ioner's ���
engineer has submitted a revised grading and drainage plan
addressing the off-site drainage from the mobile home park to the
north and John Buzick's property to the east. The engineer has
proposed to install a pipe connecting the culvert from the mobile
home park to Mr. Lund's detention pond. The proposed pipe will
direct the runoff from the mobile home property. The stormwater
pond has been sized to accommodate the water from the proposed
development while allowing the pass-through of water from the
adjacent properties. A weir structure has been proposed to
control the amount of water leaving the site.
Scott Erickson, Assistant Public Works Director, has reviewed the
revised grading plan and has a few minor comments regarding
specific details of the plan. Items #1 and #3 of his letter were
included as stipulations with the plat request.
Staff recommends that the City Council approve the second and
final reading of the attached ordinance vacating a 15 foot
drainage and utility easement on Lot 3, Block l, Central View
Manor 2nd Addition with the following stipulation:
1. The petitioner shall comply with items #2, #4, and #5 of the
attached letter from Scott Erickson dated July 5, 1994.
MM/ dn
M-94-364
. � I
ORDINANCE NO.
AN ORDINANCE.UNDER SECTION 12.07 OF THE CITY - �
CHARTER TO VACATE STRE�TS AN� ALLEYS AND TO �••.
AMEND APPENDIX C OF THE CITY CODE
The City Council of the City of Fridley does hereby ordain as
follows:
SECTION 1. To vacate a 15 foot drainage and utility easement
lying adjacent to and north of the south lot line
of Lot 3, Block 1, Central View Manor 2nd Addition,
generally Iocated on Highway 65 south of Fireside
Drive and north of 73 1/2 Avenue.
Al1 lying in the North Half of Section 12, T-30, R-
24, City of Fridley, County of Anoka, Minnesota.
Be and is hereby vacated subject to the
stipulations adopted at the City Council meeting of
, 1994.
SECTION 2. The said vacation has been made in conformance with
Minnesota Statutes and pursuant to Section 12.07 of
the City Charter and Appendix C of the City Code
shall be so amended.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF , 1994.
ATTEST:
WILLIAM A. CHAMPA, CITY CLERK
WILLIAM J. NEE - MAYOR
Public Hearing: May 16, 1994
First Reading: June 20, 1994
Second Reading:
Publication:
• �1
�
� C�� �F
. . FRIDL-EY � . . . .
1=RIDLEY MUNICIPAL CLNTER • 6431 UNIVERSITY AVE. N.E [�R(DLE1�. \l\ ii-1;3 •(b1�1 i71-��iU • F.AX (61?1 ti71-I�'!t7
. July�5, 1994
Mr. Ross Redmann
Comstock� & D�vis
1446 County Road J
Minneapolis fVIN �'S5432
. . . . . ,P�i1/944135
Subject: Rite-Way Mobile Home Repair Drainage and Grading Review
Dear Mr. Redmann:
� 1. A Hold Harmless Agreement will need to be executed with the property owner for the
construction of the storm pond and piping in the City right-of-way.
2.
3.
4.
5.
Provide a copy of the temporary grading easement from the property to the west.
A Storm Pond Agreement will need to be recorded with the property.
A concrete x-gutter should be installed at the driveway entrance.
Concrete curb and gutter should be 6612 type curbing.
Sincerely,
,;,
,-: ;
-� Scott Erickson
Assistant Public Works Director
SE:cz
.:
i
r �
�
i
Community Development Department
PLANNING DIVISION
City of Fridley
DATE: July 7, 1994
To: William Burns, City Manager f►
M� •
���
FROM: Barbara Dacy, Community Development Director
SUBJECT: Second and Final Reading of an Ordinance Approving
a Zoning Text Amendment, ZTA #94-01, to Al1ow
Seasonal Outdoor Food Sales, by William Turner
The proposed ordinance has been amended to reflect the change
requested by the City Council at the June 20, 1994 meeting
(Subsection g). Staff recommends that the City Council approve
the attached ordinance for second and final reading_and order its
publication.
BD/dn
M-94-373
ORDINANCE NO.
AN ORDINANCE RECODIFYING THE FRIDLEY CITY
CODE, CHAPTER 205, ENTITLED ��ZONING��, BY
AMENDING SECTIONS 205.03, 205.14.1.B,
� 205.14.1.C, 205.15.1.B, AND 205.15.1.0
The�City Council� csf the City �of Fridley does hereby ordain�as
follows:
205.03. DEFINITIONS
60. Seasonal Outdoor Food Sales
A food establishment wherein food is stored, prepared,
manufactured, processed, wrapped, canned, packed, bottled,
transported, distributed, or served from a trailer, vehicle, stand,
enclosure,, space, or area which is located outdoors ar�d not within
th�e � p�incipa3. or a.cces�sory str.ucture andyor �use on � the. .pro�gerty. �
Further, the food items are served and for sale on a temporary or
seasonal basis as defined below:
A. Special event sales are sales which occur for a minimum
of one (1) and a maximum of ten (10) consecutive days, no
more than two times per year.
B. Weekly sales are sales which occur for a minimum of one �
(1) and a maximum of three (3) consecutive days in one
week.
C. Daily sales are sales which occur for ten (10) or more �`
consecutive days.
Outdoor eating areas accessory to restaurants, as defined herein,
are not considered seasonal outdoor food sales.
205.14 C-2 GENERAL BIISINESS DISTRICT REGIII,ATIONS
l. USES PERMITTED
B. Accessory Uses.
The following are accessory uses in C-2 Districts:
(7) Weekly seasonal outdoor food sales occurring less
than three consecutive weeks subject to the
following standards:
(a) Sale area shall not exceed 200 square feet of
area.
7A
Page 2 - Ordinance No. �
i$)
(b)
(c)
Sale.area�.shall be loc�ted withiri 2A feet�of •
the �ajor.entrance of.the:�principal�building._'�-
Sale area shall not. be located within the 20
foot parking setback or in,the�public right-
o f -way . � . .
(d) Sale area shall not interfere with parking or
traffic patterns. _
(e) The pedestrian waiting area shall be clearly
defined, signed, and shall be protected and
separated fram vehicular traffic.
( f) Sale . equipment shall mee.t all app�. icable
�'. building, fire, and electrical.codes,� and.any �
requir.ements �.of�:tl�e,�Anoka County Health
`� - Department ��and � the.' Mint�esota Department of
Agriculture.
(g) Prior �o conducting sales activities,� a�
license shall be obtained from all appropriate
agencies, including, but not limited to, the
Anoka County Health Department, the Minnesota
Department of Agriculture, and the City of
Fridley, in accordance with the requirements
of Chapter 32 of the Fridley City Code.
(h) No more than two (2.) outdoor food
establishments shall be located on one
property during the same time frame.
Special event outdoor food sales subject to the
following standards:
(a)
(b)
Sale area shall not exceed 200 square feet of
area.
Sale area shall be located within 20 feet of
the major entrance of the principal building.
(c) Sale area shall not be located within the 20
foot parking setback or in the public right-
of-way.
(d) Sale area shall not interfere with parking or
traffic patterns.
(e) The pedestrian waiting area shall be clearly
defined, signed, and shall be protected and
separated from vehicular traffic.
:
� '. . • 1
Page 3 - Ordinance No.
(f) Sale equipment shall meet all applicable
building, fire, and electri�al codes, and any.
requirements of the Anoka County Health
Department and the Minnesota Department of
Agriculture.
(g) Prior to conducting sales activities, a
license shall be obtained from alZ appropriate
agencies, including, but not limited to, the
Anoka County Health Department, the Minnesota
Department of Agriculture, and the City of
Fridley, in accordance. with the requirements
of Chapter 32 of the Fridley City Code.
(h) No more than two (2) outdoor food
establishments shall be located on one
property during the same time frame.
C. Uses Permitted With A Special Use Permit.
The following are uses permitted with a Special Use Permit in
C-2 Districts:
(18) Daily seasonal outdoor food sales subject to the
following standards:
(a) Sale area shall not exceed 200 square feet of
area.
(b) Sale area shall be located within 20 feet of
the major entrance of the principal building.
(c) Sale area shall not be located within the 20
foot parking setback or in the public right-
of-way.
(d) Sale area shall not interfere with parking or
traffic patterns.
(e) The pedestrian waiting area shall be clearly
defined, signed, and shall be protected and
separated from vehicular traffic.
(f) Sale equipment shall meet all applicable
building, fire, and electrical codes, and any
requirements of the Anoka County Health
Department and the Minnesota Department of
Agriculture.
7C
Page 4 - Ordinance No.
�(g) Prior �to conducting sales activit'ies, a.. �
� � � ,license shall'be obtained from all appropriate
agencies�, including; .but .not limited to, the�
Anoka County iiealth Department, the Minnesota
Department of Agriculture, and the City of
Fridley, in accordance with the requirements.
of Chapter 32 of the Fridley City Code.
(h) No more than two (2) outdoor food
establishments shall be located on one �
property during the same time frame.
(19) Weekly seasonal outdoor food sales occurring for
more than three conse�utive weeks, subject to the
following standards;
(a) Sale area shall not exceed 200 square feet of
area.
(b) Sale area shall be loeated_within 2.0 feet of
the major entrance of the principal building.
(c) Sale area shall not be located within the 20
foot parking setback or in the public right-
of-way.
(d) Sale area shall not interfere with parking or
traffic patterns.
(e) The pedestrian waiting area shall be clearly
defined, signed, and shall be protected and
separated from vehicular traffic.
(f) Sale equipment shall meet all applicable
building, fire, and electrical codes, and any
requirements of the Anoka County Health
Department and the Minnesota Department of
Agriculture.
(g) Prior to conducting sales activities, a
license shall be obtained from all appropriate
agencies, including, but not limited to, the
Anoka County Health Department, the Minnesota
Department of Agriculture, and the City of
Fridley, in accordance with the requirements
of Chapter 32 of the Fridley City Code.
(h) No more than two (2) outdoor food
establishments shall be located on one
property during the same time frame.
7D
Page 5 - Ordinance No.
205.15 C�3 GENERAL SHOPPING CENTER DISTRiCT REGULATIONS �
�. � USES PERMITTED � � . � '� � '
B. Accessory Uses.
The following are accessory uses in C-3 Districts:
(6) Weekly seasonal outdoor food sales occurring less
than three consecutive weeks subject to the
following standards:
(a) Sale area shall not exceed 200 square feet of
area.
(bJ Sale area shall be located within 20 feet of
the major entrance of the principal buil�iing.
(c) Sale area shall not be located within the 20
foot parking setback or in the public right-
of-way.
(d) Sale area shall not interfere with parking or
traffic patterns.
(e) The pedestrian waiting area shall be clearly
defined, signed, and shall be protected and
separated from vehicular traffic.
(f) Sale equipment shall meet all applicable
building, fire, and electrical codes, and any.
requirements of the Anoka County Health
Department and the Minnesota Department of
Agriculture.
(g) Prior to conducting sales activities, a
license shall be obtained from all appropriate
agencies, including, but not limited to, the
Anoka County Health Department, the.Minnesota
Department of Agriculture, and the City of
Fridley, in accordance with the requirements
of Chapter 32 of the Fridley City Code.
(h) No more than two (2) outdoor food
establishments shall be located on one
property during the same time frame.
(7) Special event seasonal outdoor food sales subject
to the following standards:
7E
Page 6 - Ordinance No.
, � . ���,;(a). � Sale area shall not e�ceed 200 squ�re feet of
� � � . � � � . area.. . . - . • : . . '.
(b) Sale area shall�be located within '20 feet of
the major entrance of ttie principal building. �
� (c) Sale�area shall not be .located withiri the .20 �
� foot parking setback or in the publ�c right-
of-way.
(d.) Sale area shall not interfere.with parking or
� � . traffic patte-rns: .
(e) The pedestrian waiting area shall be �cZearly
defined, signed, and shall be protected and
separated from vehicu-lar traffic. ��
(f) Sale equipment shall meet all applicable
building, fire,.and electrical codes,�and any
requirements of the Anoka .County Health .
Department and the Minnesota �Department .of
Agriculture.
(g) Prior to conducting sales activities, a
license shall be obtained from all appropriate
agencies, including, but not limited to, the
Anoka County Health Department, the Minnesota
Department of Agriculture, and the City of
Fridley, in accordance with the requirements
of Chapter 32 of the Fridley City Code.
(h) No more than two (2) outdoor food
establishments shall be located on one
property during the same time frame.
C. Uses Permitted With A Special Use Permit.
The following are uses permitted with a Special Use Permit in
C-3 Districts:
(21) Daily seasonal outdoor food sales subject to the
following standards:
(a) Sale area shall not exceed 200 square feet of
area.
(b) Sale area shall be located within 20 feet of a
major entrance of the principal building.
7F
Page 7 - Ordinance No.
• � � � (c) � Sale �area shall not be. loCated� within the 20 � � �
. ' �. � �. . - foot �parl�ing setback or iri the :public� �ight-,
. oi-way. � . . . .
(d) Sale area shall not interfere with parking or
traffic patterns.
(e) The pedestrian waiting area shall be clearly
defined, signed, and shall be protected and
separated from vehicular traffic.
(f) Sale equipment shall meet all. applicable
building and fire codes, and any requirements
of the �,noka Courity Health.Department and the
Minnesota Department of Agriculture.
(g) Prior to conducting sales activities, a
license shall be obtained from all appropriate
agencies, including, but not limited to, the
Anoka County Health Department, the Minnesota
Department of Agr.iculture, and the City of
Fridley, in accordance with the requirements
of Chapter 32 of the Fridley City Code.
(h} No more than two {2) outdoor food
establishments shall be located on one
property during the same time frame.
(22) Weekly seasonal outdoor food sales occurring for
more than three consecutive weeks subject to th.e
following standards:
(a) Sale area shall not exceed 200 square feet of
area.
(b) Sale area shall be located within 20 feet of a
major entrance of the principal building.
(c) Sale area shall not be located within the 20
foot parking setback or in the public right-
of-way.
(d) Sale area shall not interfere with parking or
traffic patterns.
(e) The pedestrian waiting area shall be clearly
defined, signed, and shall be protected and
separated from vehicular traffic.
7G
Page 8 - Ordinance No.
(f) Sale equipment shall meet aZl applicable
buil�ing and fire codes, and any requirements
of the Anoka County Health Department and the
Minnesota Department of Agriculture.
(g) Prior to conducting sales activities, a
license shall be obtained from all appropriate
agencies, including, but not limited to, the
Anoka County Heaith Department, the Minnesota
Department of Agriculture, and the City of
Fridley, in accordance with the requirements
of Chapter 32 of the Fridley City Code.
(h) No more than two (2) outdoor food
establishments shall be located on one
property during the same time frame.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY �F FRTDLEY THIS
DAY OF , 1994.
WILLIAM J. NEE - MAYOR
ATTEST:
WILLIAM A. CHAMPA - CITY CLERK
Public Hearing: June 6, 1994
First Reading: June 20, 1994
Second Reading:
Publication:
7H
f �,� .
' � U.
..
.
� � ' DATE : '
TO.:
� FROM : �
, SUBJECT:
Community Development Department
: � P�Aiviv�ivG Drvls�oN . �
. � �. City of Fridley � � �
� July 7,. 19.94 � � . � � .
William Burns,. City i�Ianag.er �'AI . . �
Barbara.Dacy,. Community Development Director -
Second and Final Reading of an.Ordinance Repealing
Chapter 220 and Adopting a Residential Rental
Property .Maintenance and Licensing Code �
��Staff��has prepared the changes to the ordinance as clirected �by
the City Council.at the June 20, 1994 meeting. A description of
t�e �hanges is�attached.- Also attached is a�response to the�
correspondence from Steve Johnson, Director of Municipal Affairs,
from the Minnesota Multi-Housing Association. The letter refers
to another correspondence regarding the Moorhead city ordi.nance.
Staff recommends that the City Council approve the attached
ordinance for second and final reading. Please note that there
have been no changes made to the proposed fee schedule as has
been discussed through the hearing process. Should the City
Council decide to phase-in the fees, the City Council.should move
to amend the portion of the ordinance regarding Chapter 11 to
state the City Council's direction.
BD/dn
M-94-371
CHANGES FOR SSCOND AND FINAL READING OF CHAPTER 220
JULY 11, 1994
� � 1_: � DEFINITIONS�. Section �220:06�. � � . � • . �
A. The definitions were double-checked with the zoning ��
_ code for consistency. The.following were amended to be
. consistent with the z_on�ng code .'defir�it.ions:�
(1) Accessory�Building o� Use � � � �
2.
(2)
(3)
(4)
(5)
(6)
t�)
i8)
Buildinq.
Dwe7ling,�One Family
I7welling� Unit � ,
Story �
Structure
Use
Yard
B. One definition was added for a"Non-Resident Owner"
(see 220.06.33).
C. "Agent" was added to the definition of "Operator,
Manager, or Caretaker" (see 220.06.38).
JOINT RESPONSIBILITIES OF OCCUPANT5 AND OWNERS. Section
220.08.
A.
'.��
220.Q8.02 regarding "Pest Extermination" was moved to
220.10.09.E.
"Collection of Recyclables" was moved to its own
section at 220.17.
C. Staff reviewed the suggestion to move 220.14, "CONDUCT
ON LYCENSED PREMISES", to 220.08. Staff recommends
that 220.14 remain in its current position in the
ordinance. The suggestion was based on the notion that
the tenant has a responsibility to behave in accordance
with the law and not violate the specific statutes in
220.14.01. Instead of shifting the entire section,
staff prepared a single statement under 220.08 which
requires every owner, operator, and occupant to abide
by the provisions of Section 220.14. If a tenant or
occupant breaks the law, the Police Department will
conduct its usual procedures to prosecute.
: �
Changes for Second and Final Reading of Chapter 220 �
July 11, 1994
Page 2 . � . . . . . . - .. . .
3. MINIMUM STANDARDS FOR PRINCIPAL STRUCTURES, Section 220.10.
A. 220.10.O1.H, '�Snow and�Ice Removal",�has been amended.
�to require owners.of.multiple.�famiiy�d�ellings. �
containing twa or more�units to be responsible foz
maintaining all walks and drives on the premises.
B. 220.10.03; "Minimum Electrical Standards" has�beert �
amended to delete.the phrase "over-current protection
devices". "Safe.circuit breakers or_fuse�'� has been
inserted in its place. .
C. The C.ity Council suggested investigation of a maximum. .
water heating standard. The Minnesota Energy�Code ��
stipulates specific temperatures for different types of
activities (dishwashing, bathing, etc.). The minimum
temperature required by the ordinance is consistent
with the Energy Code for handwashi�g, shotaers, and ���
tubs. The Energy Code requires 140 degrees FaHrenheit
for laundry and dishwashing activities. A sentence has
been added to state that the temperatures must comply
but not exceed the temperatures identified in the
Energy Code for specific activities. Note that the
temperature will be measured at the point at which it
enters the basin. Dishwashers usually have an internal
heater which heats the water beyond 140 degrees
Fahrenheit. Aiso, current faucet and fixtures are
manufactured with anti-scalding devices. New water
heaters also have temperature cantrols to properly
gauge the lowest to highest acceptable temperature.
4. LICENSING, Section 220.13.
A. 220.13.09.B.(1) has been amended to include the "right
of legal representation" for "interested parties" in a
license revocation process.
..
RESPONSE TO LETTER FROM STEVE JOHNSON . .
MINNESOTA MULTI HOUSING ASSOCIATION
REGARDING MOORHEAD ORDII�ANCE -
� - ' � - bATED JULY 1., ' 1994 . - .. . � ' . . . . .
�� T. Staff canriot_ 'pred�ict �f � discrimination � complaints wil�l�
increase if Fridley owners Pile more:eviction and termina�ion
notices. Each case is evaluated by the State and HUD on.a .
case by .case basi.s.. .�ity staff w�ll :. cooperate%provide. �
iriformation rEgarding� a� c�se �'in � accordance" .with t�ie t�at�a �� �
� Privacy Act ar�d any other applicable.�state, federal, or� local �
laws. �
2. The Fridley ordinance requires posting of the license on the
premises and has requ�red such posting.$ince original adoption� �
of the ordinance. A violation of any part the ordinance
constitutes� a�.�.misdemeanor .(220.24) . To date�, staff ;:has, not �
experienced any problems with this provision of the ordinance.
It is unlikely that an.owner would not cooperate_in posting
the license.
3. The letter referred to a comment about the proposed Moorhead
fee schedule. Staff has no comment on this item. ��
4. The Fridley ordinance establishes a hearing process prior to
revocation of a license (220.13.09). This process provides
adequate due process for the owner.and tenant if necessary.
5. It has been traditionally accepted in municipal government
that rental property can be regulated to protect the health,
safety, and welfare of the occupants/tenants living on the
premises. The tenant does not have the ability to order
repairs for major systems serving the building such as
plumbing, heating, electrical systems, etc. That authority
rests with the owner or the designated operator, landlord, or
agent. As is the case with the Fridley ordinance, minimum
structural, utility, fire safety, and other standards are
established to insure proper ongoing maintenance. Likewise,
the owner also has the responsibility to insure a safe
environment for the welfare of the occupants/tenants. The
intent of the tenant behavior portion of the ordinance is to
insure that the owner is following through with the proper
procedures with problem situations. Tenants must also be
accountable for their behavior. The Police Department and the
City's Prosecutor's office will vigorously enforce the law and
cooperate with the owners as much as possible.
6. The Fridley ordinance requires a new owner to obtain a license
within five days of conveyance of the property. Failure to
properly file the transfer form may result in termination of
the license; however, there is no provision for a"cloud on
the title" (220.13.08).
7. The Fridley ordinance requires a"transfer fee" of $25 for a
�� �
Response to Mn MuZti Housing
pag� 2 . . .
new owner. It is true that the Cuty does not have a similar
fee for transfer of single famil.ty properties. Transfer fees
are common however with'business licenses required by the
City.
8. The Fridley ordinance does -require a hearing prior to
revocation of a license.
9. The primary responsibility to remove the tenant will be
through Court action initiated by the owner. If for some
reason the Court determines that the tenant cannot be evicted,
the license revocation for that unit may still be enforced by
requiring the owner to not renew the lease to the tenant. If
for some reason the owner wants to relet the unit to the
tenant, the City could consider the owner's action to be
contrary to the ordinance and revoke the license on the entire
buildirig. This.is obviously a hypotYietical_case and specific
details and facts may dictate different options or outcomes.
l0. There is no residency requirement to obtain a license;
however, a non-resident owner must identify an agent who can
make emergency repairs and is responsible for ongoing
maintenance ot the property (220.13.05).
: �
- - __ __-_ . .._ .. .. :. .
.
Post-!t'� brand tax transmi11,�1 memo: �671 Morp�e� ► .
a. ' — — — — - — From .
o. Co. e� /
� apt. �Y t ! ��Y . .
phOhe N �T������U� �
5� � �� . � �u��i ausi � .
1-ex N ^� �x M .. (�
. a. . . . . . . •
. . . � . . '. �aS5C��1�tIC)(1 _ .
.. .
. .
. . . � . .. ..�. ,_�.._. . : S�,rv;ng The Rer+rel Commonily
' orFicras ' • � • , . . .
CheL.ne� 01 tti0 6onrd
H�rry Y�ti� , ' ' -
BHaarde Enterprlsof � ' .: . �Uly. � � .1 ���
' � � '. � '- Vlcv O+��h • , . � . . . .. . . . . . . - . . . . . � . , � _ . � � . . . � . .: . . .
� Jahn .Appdd � . - . . . . � .
... ,�.,rtn,;.,.� s���n A�aynr Bill N.�c �
,,,� one�� � 219 J.��AII �'�rku�Ay NT
p,m ° a ra" . Fridlcy; MN 55a32
� Reaf EstF16 E UNies, Int: ' � . � . • � -
Pr�alaeot ,
� M�ry M. R�pp� � . �
NtinneaolA Mu�t� f4outlnQ h@ea . . . ' .
. 6ecrolnry . . ,
Rob Moub . , . . . ,. .
Tho E88C0 00 . ' ' • . - ' . '
�re�:u«� I)car 11�I�syor I`'cc:
� � � ' � B�rb� PluhbaQ . _ ' � . � � . . . - . . . . . . . .
9ieven 600ii NlaneOomen!. Inc � ,
PQa„�,hti,de�, 7'}�anl� you for taking the tirne to lisicn tc± c�ur c�ncerns rc�Arding thc
f*anM. nunli�*
����� aoyo�a��n, ��� rentF;l liccnse ordinance at thc reu:nt cou»ci] 1»ccting. I kr�ow yhu
a��ccTC�s had �t busy schec]uic so ��e agrre�iatc your time.
' Jw�ph F� 6ts�r . . . . . •.. .
8ree��� R�o�+erty Mnnepement :w , �
Cohnn� BroWn It haS TCCPiIltl}� eome t�� rny altention th�t thc le��lity of a sin�ilar �
`'�" P`o°°"�°° proposal, ( to havc an owncr res�os�sil�le for a tenat�ts bchavi�r) has
vt. c.�.w�
P�rk A���� �' weyZB'R heen cJuestiancci in thc city oi' Moorl�ead. 1 thought I wauld sl�are it
s.�ay �. aur�ne
fJowmen, Her(uAh 6 pu�e�+d Wlt.�l y4U . In particular, items ti 1,�}��,9 scem ia £it wiih the �jridlcy
TnomRf M- Fbtcher prppps�l. I thinl: yvtt can get il�e poitjt v�-iti�out the I��Ioarhe�+d �
� fioletuit MenFynmtrqt
a�v� Kw+,.� ordi►��nu;, �Ut 1�'�OliiC� j?T(lviCi(: ]1 lf y(>tl �V011�d jil�C.
Ku6}{6I ('/p{M�iy M�1fl8QORi0fYt
.. NF��y u�rrl�
K.nO:I LUmbAi Wc would bc ��illing io talk with anyonc fr��m the cit�� to �arark� aut �
P�t�lok L�mb �ari ua e thai �vould be: �cce ���blc t.a a!i ��utics . Cc���t�ct n�e if }��u
�epecy ManApement b. Devdi�prnaN � �s I �
p�no M. Nef�on havc ai�y t]ucstions.
�enp-Ne1�on AenoGlelei
6tl P�dlll� r
f4cMh�anA Flnancle� Co. 'j'���j� y()ll lOi 3�c�ur tsmc and considea atian.
Mlch�a� e. P�yfi
� GreF1 � Kkee Me�npomOm .
M�rY K�y P�Im�r Siti erely
t:'1104r Alel Estef� AA.nir�feuaticn '
i.5�flyi� Part01N
' i1,o F�tsnen �roi�p
Jo�eph Wei�
Wo:e'��'elopmtrn! C�rp. — i VC TU SOIl
� (13rQ� WICIIIIfman i>irector of'�vlunici��al Aff�tirs -
Yi'k BVPV�Y �'��-
,
cc. Coujlcil �z�cit�bers
I3�rl��rn l)�c�•
Miniiesoxa Multi Hotising Associatian • 8030 Uld C_'edar Ave. So. - Suit.e 202 • Bloamsngton, MN 55425-1215 •(612) SS4-8500
Fax (612) 85�-3810
8E
` �_+; c,l: •:�a i`=ai a F.1�:;��_ :1�,
:. ,.r�. , HN;pERAL S(K1riR&,1321ap8ER75 STI2EET,11{?% 25MI
FARGO i�OI�TEi DAKp�A SdSN!
TBL, {7tnj b�-]J(1[l fi4x t�0s) 237 3�� �__ .
.�� � •' �,j .
+b+k••
�u�Q 2Q, 199�c
�inry I,araon . .
Ca1d�IaY2 Be�rtKe�x �ir.s�t �Real.ty, �nc.
p.A�_ Box 1tSge
F&�C�� �1D 3S�d7
A.� t. Ms�o�h�ad C�.ty ard�.ri�nae
t�o�r. Ma�'y 2
rira t1ULTI Hii�l :IN�;
..�.,...... �.,.....
1fi',VEL.L P. �iTRELI.•
y1MFS bl. SA,�1dAN
GRECORY �. �ii4�tt�x�l'
THC:�IAS (1 FIFb1G4R
anv�Fl, �. H•�L��
(7� C�U.�;SEL .
atcHar�a a..Ctu�cxcrr
•.�� �c: t.x��v.�l.� �� a�Mnt�tu��a
- �$� nY in►oerxsLa
(��9-367q!
�y �h�n ].ettiar, I��nouqht . r wou�,d jUa� a�� fa�s aam� ot, tny
thcrug�tg �anaa�ning �he laqnl queationn tind probls�s tha� I aqa
ra��cUl�inff rrasa the prapo��ct ltovrb�xd ai�y ordin�naa kQqarQl.nq
li�s*naing ox �sntial u�ita. nsidn �ram tih�a qoneral ph�log4phical
cqa�csrn . vf malEixtq l�rtdlarda r�spattwi.ble rar }� �onduot o� �etn8tlt�
ov�ar whvm th�y hnva na cantzol, a47De ot tiha .mara� �paci.ti.o lsqe�
aa�ve�� Y hetve� e��C• �R ftil2di�rs: ' �
�� I c�t� a��e�y prediCt tha�t ther� Mill be an incr�a�e iri
d�.�acs l.na�iori aa�plainto tiled ��th�� wih11 tha t�il,tlt�osa�d
i��par�mMnti ai Hti1��t Riqhta or �hg �ed��ul Hou�i�g arta Urbarti
��v����an� k��,nGy �u� Co �ris incr�asa �n tar�ainax�.an riatiows sad
�viv�i.or�s.
2, 8�¢Cion 9-�-7 0# �he prapaaad ordinana� maker iti e
mi��eataa�t�r to :Cail, �o po�t th� li��nao an �ha p�amias�. �h�ra is
na l.t�t�� x�q�irec� in �ha� �sctlan. Ti�e�. xai�a4 qv�aticnR ox
oa,rt�titutian�li�y.
�. 8��tiOt� 9-7�8 dlxaws t�r �ha se►Ctinq at tees with no
�='aj��,l�i�ion an khou• lAa�.
4, ��c �t tt vi�olatiion o! clua proaesa urider tha 1��th Amaridmon�
t� $Ii�� �a�ae�oz�e !ar th� aonduct o! another ovar whom ti.he
pi�nali�bd pare4a tu�e n� cortroi7 e.�tian ��7--1.�,
g` xs it tt 'V1alA��on p! equnl. protea�ion �� auia j eo� awn�ra
��� a�, ¢��pg�,�r Cn 411Zaxent atigndards tb�n awnara at non-rvn�al
p�: o��xty?
6.. Seati�ah 9-�'� Azav�,dae fa� a alaud on tho title to �h�
r�e]. se�rs�e in tihe evenr th� propexty ia trans�terrad and �h• priar
C�,,mQ� aither h�� np� ab�&ired a licanae o�c hag not tran�tarred tha�
'1�
.•
F' . �3 �
. : . �.
f_�1�=�::�:1'=>1(_�
N� '�+1: �4 1�:41 a 61��_`•J3_:1�? t1N PiiiLTI Hiill_ING F'.Et�
s�,�n� ao, 1994
pa�qo �
1l,rs�n�a in 4arae wa'y. I hav�e que�s�ibn& e�bottti t-1te vaLi4lt�K oL gVOh
� albud on r.h� real. de�arw.
y. section 9-?--6 alsv requizes any new ovne�r tio pay a
i:la�ne�a Lea b�rora he� or ah� c$n �8k� pa���esion o� �ha prapM�Y.
qtiych at rsq�lir�msnt i� no� pla�ed an ouna�ra of nq»-�cantal pxoper�y•.
8. 8ec��.on 9-7�1� e�l.lowe� tar �umxaary ravocati.on ot e� lican�a
w:tti2tout a h�r��inq. Ya tiZ�.n a vidla�ian a! du� p�rQa�s�s undox tha
����h Amr.Ytdm�tt�7
g. I� � 1i�30nae id revak�d tar an mpn��nt unit bu� Ch�
L�QSa is atii�.l in paesetisl.on aP ths unit, how d4as �h� Ci�y
p�pope to r�taavs� tbe Le�Bee when thg ci�y h��► no privity at
c4nt�ap� with khe 't,aasa� and �ha l.andlord ha� lo�G �hQ cvntro� ovar
the unit7 � .
10. aectidn 9-��� (B? �equi�ae t.he r4eldenaa ot a raal.dant
man�qer in either c�$�t at cia�y aaun�y in ard�z` to ok�te►in e► r�ntt�l
I1Q�22�c�►. Z� guch a �r��i.aancy �`pquirement cc�n��i.k�u�ianal?
l►� x indi�ast:�d, I t��v� x�aaazahed th� gen�ral qusa�iaa vt
ah�►Cb�ir any at2ter ati8taa hav� ta►�xad the validi�y ar enlaxaeubil.ity.
a�� n si.milxr ozd�.n�rian a�nd hava r�at b�4n 0�.�1� �o tirid lci.mil�r
ae�s�►�. Evort 1x I ctax►�t fi�d attykhinq axac�ly an pain�, i in�and to
a;end a�.�e�tar ta th� MflarhaaQ City Attiornay addreadinq tha abc,vs
1.�gs�l qu�st�en�.
'��sry firuZy yaur�,
� tV C
�i��q . �hwmpaort
{i�/ ma
G�rlcrall.tsan.lsr
i
I
�
�
N
��
J-t m
a� w
�
v a�
•.� cn
� �
Cz. �
U
� . �
oa
>-+ �--�
� �
-� +�
U �
�
a
�
� .
�
J-�
U'
�
�
1-�
�
�
4)
W
�
�
�
�
i1,
0
�
a
I
l� \
'� +
�
�
�
- 1�
'Ci -•--1 .
� � �
O RS � N �
O " Q}
3-I t.�
� � �
ur � a
+.
v
tn O ln 0 0 �
N lf) t� O O
t/� (fi t/} �-i t-�1 Q1 I
Vi U} > I
N
a
�
+�
t!l N U1 -�
��)�1� �
-.�1 •r-1 -rl •� � Ul
���� �
����+ u.,
�--� N M d' LC ) I
ir.___.._.. . .._- ._
o\°. �i� o\° �\° u\° ci�-' o\° o\° o\° o�P o�:, o\�' . -i:' o\P uC� \' o`:� o\� o\' �i\°
� h�-i lP G� �- �l �Il tIl t7 �-� �� c� �''� r-� �-; - �� C�� CD �D U c�� i�- �!1 �..,1
�_= f� Ol O.-� �-S t�7 'V (� � C7 .il t� f� [� C� �: tD t'J �'J �J l0 tJ �7 tf` �J
� - � �--i N N � �-1 ri .-1 .-� �-i �� f-i �� .--i .-/ --. r-1 �.-� r-1 �-i �-1 .--1 -� �i �
O O O O O M N O c0 O t� � M O v- O c-� lL1 :':• N lIl N tfl O tfl ,'� �J
O O O O O c'1 C� O CD O N � t"� O�r O t"� t� .: ; v� tn N 6� �[�-� ;� lIj
lfl lfi lLl lf] .--i CO �9 Lfl (`l C� N�--i O O G� Gl CA I� ^ I� (� I� ���.^ L") lIl
N lV N N CV �--i f-! 0-1 e--i r--i (-i (--1 (-i (--i i/} UT t!? (h i.'' Th (h th U} V} t!? t^ t/��
UT Ui t/� �l/i (/} th (/�. UT (/)- UT [/i U} UT Ui - .
O O O O t1) O tn O tn O tn O 1n O O O O ul O O O O tn O tn t!') ul
O O O O c'� O� .-1 Cp N t9 V� CO tf1 O N CO O N c` 61 O CO o0 c'� [� n, Op
c-1 O N M [� O d' lD c--i N� Vr t--I �' O�--I N N I� C' O l� N Ol CO LC) I�
� � {/} � � � (/i Ui � � Ui -' . VT UT t? U}'(!� � i/i (!� � . U} V?�
M[� rl l0 N N.-i Cl �--1 N�--i f-i ��--I
���� �-�� �� �� � ��
�o�o�o�o�o�o�0000����oo�o���� i
N ll') (� O O �-1 .--i N N M M. V� tn V` l� O� O N c C' In v' CO 61 I�, Gl CO
v
(/} t!} Ui �-i �-i <--{ f-i �-i i--I i--i c-i c--1 �--I c--I f-I c-i N N(\ N N N N N("1 l.rl [�
cn- u� vr vr cn- u� cn- vr �rr v� t�r v� vr v� ch L: v� v� cn- v� vr th vr cn
�
.� .
�
� °o � -.��
� •�--� � OOOOOOd�c'7d�O11�C0 Vr �JCOtn v��OptnM OIOO�N d'CO
� N- �� O O O O N O.--i .-1 d� pl V� O tfl Lt� th N O CO I� [� t� l9 l0 t1� d' N�-i
Ul/?� '� N . . . . . . . . . . . . . . . . . . . . . . . . . . �
'� Sa LL.� N N N t71 [� lfl lf� �J (f') d� V� d� M c'� M(h M N cV N N N N N N N N
� -�- t� v .--1 �--i �--! ih c1Y th ih t/� i!} i/� {!i il� th th i!i ih Vi th th tI� ih {h t/� UT t/} t? t/�
a v} cn- vr
J� N d' � Ol 01 •
iA c-I N Cl d' �J' l�
t11- {J� U} {!} t!� � -
�
�
W
�
� � �
�-. � '.-f Ul
di -ri � }�
� � � -•--i
S� Ul Vi .-'7 �
� � � N �
U -r-i -r1 t� r-1
� � 1 1 +
N
c--1 N M CO �-i
J
O
�
q
�
�
�
QJ. � O O CO N C tJ l7 Ql CO �'] m tfT in lJ !I? C1 M I� N N r--I !� l") lf) �--1 !� d'
� CO U� d' l0 ln CO In .CO C' Ol N� Ln c'1 t� �[� CO �^ CO t� 61 O ln '--I c) O 0�
� C' M ln N N V� [�. U� {!i Ui l"1 in (h CO M!!} Vi {/l- C� r-i C'") N�--i W I� N C'? LO
Q1 � � t/� � t!i U} {/} {h � {h Sl� U: ',; :- 'J} U? t!` t!i � V} t? (!} -
.7 �'-1 c'7 N c-i c-1 I�
a t/)- Vi c/� . t!� � t/� r-f
�
41 I� N d' tfl 61 !fl I� '-I ln M M Gl e--f ("1 [� l� Ol l'7 �--( l�
� c-� N c'� =__ � V� ___= In lfl V( V� I� CO C� � Ol 6� O O C' c'� O
LLa V} i/} {h i/?- i/T {!1 U} tlT� ih V} t? Vi SJ} U} r-1 �-1 r1 N c`�
U? U} th C? th
G9
�
r-
W -.1
� �
� d' O� c"1 h�al c-i �1' .--i iV [� N.--I l.'1 L: �-i �-i rI i` :V v' r`1 f--1 [� tfl .-; �-i
••� N V' rl V'� � N�-i N r-i f-i � r-1
O � � �
z C�
i3�
� N fA f!1 (!1 U� f0 (11 tll (A UI (/1 (!J (!1 {!1 !n !!� (!] Ci U1 fA U1 (A (A (11 C'1 (n
•�-! J-� J-� 3� 3� J-� � 1� � 1� 1� J-� J-� J-� 1-� J� l� 1� J-� 1-� :� 1� l� 1� J-� l� 1� J-�
T1-•-1 -•--I -� -r-I -• 1 -.-i -•-1 -�i -•--i -•--i -.i -•-i -•--I •.-i -� -•--i -•-i -•--i -r; -ri -•-I -•-1 -•--I •.-i •ri ---I •.-i
�--1 (!1 � � � fi � � � � � � � � � � � � C C � � C � � � � '_' �
-�-i f�. a��������S���JJJ� �, ��J:7JJ:�:�:�
� i.
WE-+ �-+c�tc-»inv[�mrno�c��n�c�o �rc��::�i �r���-+cvc�;,.-�
� - r-i ri �i �-1 .-a .--� tv ��� r� c-; r� c-� ri �r ��r in !; ..1.
..;1
•
i
ORDINANCE NO.
ORDINANCE REPEALING CIiAPTER� 220 OF THE
FRIDLEY CITY CODE IN ITS ENTIRETY, ENT�TLED
"RESIDENTIAL RENTAL PROPERTY AND CONDOMINIUM
COMMON AREA MAINTENANCE'�, AND ADOPTING A NEW
CIiAPTER 220, ENTITLED ��RE$IDENTIAL_�.RENTAL
PROPERTF I�AINTENANCE AND LICENSING CODI3��, �AND
AMENDING CHAPTER 11 OF TH8 I�`RIDLEY CITY CODE,
ENTITLED ��GENERAL PROVISIONS AND FEES��
The City Council of the City of Fridley does ordain as follows:
220. RESIDENTIAL RENTAL�PROPERTY MAINTENANCE AND I�ICENSING CODE
(Ref. No. 213, 222, 286., 6.73, 747) .
220.01. TiTLE
This Chapter shall be referred to as the "Residential Rental
Property Maintenance and Licensing Code". (Ref. 747)
220.02. PREAMBI�E •
The City believes that providing for public health, safety, and
welfare to its citizens mandates the existence of a rental
property licens.ing and maintenance program which corrects
substandard conditions, and maintains a standard �or rental
property.
220.03. SCOPE
This Chapter applies to all buildings which are rented in whole
or in part as a dwelling for persons other than the property
owner's "family" as defined therein. It includes accessory
structures such as garages and storage buildings, and
appurtenances such as sidewalks and retaining walls, which are on
the lot where the rental property is located. This Chapter does
not apply to Minnesota Department of Health licensed rest homes,
convalescent care facilities, and nursing homes, nor to hotels
and motels licensed by the City under Chapter 26.
220.04. PURPOSE
This Chap�er establishes licensing, inspection and maintenance
requirements for property rented as dwelling units.
220.05. DISCRIMINATION AND PRIVATE CONTRACTS
This Ordinance shall be enforced in a non-discriminatory manner
and exclusively for the purpose of promoting public welfare. The
City neither expressly nor by implication assumes any obligations.
or liabilities respecting such private rights or disputes,
:
�
including those which involve or arise out of the non-conformity
of any premises in the City to the provisions of this Ordinance.
Nothing in this Ordinance precludes a Licensee from entering into
a contr.act for the maintenance, repair, or management of a,rental
dwell.ing; in such cases, however, Licensee wi-11.still be held ��
reaponsible to�ensure the condition of the p�operty conforms with
this Chapter.
220.06, DEFINITIONS
For the purpose of this Chapter, certain terms and words are
defined. Words not specifically defined in this Chapter shall
have their ordinary meanings within the context with which they
are used. The referenced dictionary of the governing Building
Code shall be considered as providing ordinaYily accepted
meanings.
Whenever the words "Dwellings", "Dwelling Unit"., "Building",
"Structure", or "Premises" are used in this Chapter, they shall
be construed as though they were followed by the words, "or any
part thereof".
The following words, terms, and phrases and their derivatives
shall be construed as defineci in this section; words used in the
singular include the plural and the singular; words used in the
masculine gender include the feminine and vice versa.
l. Accessory Building or Use.
A subordinate building or use which is located on the same lot as
principal building or use and is necessary or incidental to the
conduct of the principal building or use.
2. Approved.
Approved as to construction, installation, and maintenance in
accordance with all applicable codes and state statutes.
3. Basement.
That portion of a building between floor and ceiling which is
partly below grade, but so located that the vertical distance
from grade to floor below is more than the vertical distance from
grade to ceiling.
4. Bedroom.
A habitable room within a dwelling unit which is used, or
intended to be used, primarily for the purpose of sleeping, but
shall not include any kitchen or dining area.
2
:
5. Buildi�g. .
. �Any stru�ctu�e having walls.and a roof, bUilt for.the shelter or
enclosure o�f personsF �animals�, or property of any kind.� �,� �
6. �lean: �� � � . . . � . . .
The absence of rubbish, garbage, vermin, and.other unsightly,
offensive, or extraneous matter.. �.
7. Compliance Official.
The designated authority charged with the administration and
enforcement of this code, or his/her duly authorized
representative.
8. Condominium. �
A multiple dweliing in which.portions�are designated for separate
ownership and the remainder of which is designated for common
ownership solely by the owners of those portions. A multiple
dwelling is not a condominium unless the undivided interests in
the common elements are vested in.the unit .owner.s.
9. Dwelling.
A residential building, or portion thereof, but not including
hotels, motels, lodging houses, recreational vehicles, tents,
rest homes, convalescent homes, and nursing homes.
10. Dwelling, Multiple.
A residential building, or portion thereof, designed for
occupancy by two (2) or more families living independently of
each other.
11. Dwelling, One-Family.
A detached building designed exclusively for occupancy by one (1)
family.
12. Dwelling, Two-Family.
A detached building designed exclusively for occupancy by two (2)
families living independently of each other.
13. Dwelling Unit.
A single unit providing complete independent living facilities
for one (1) person including permanent provisions for living,
sleeping, eating, cooking, and sanitation.
3
:
I4. Easily Cleanab�e.�
Readily accessible and.of .such material and f.inish, and so �
fabricated and pY.aced'that�re.sidue wHich may accumulate can'be .�
comgle'tely :remaved by normal� cleaning methods.� � � . . � � �
15. Electrical System.
.. . Any and :ali . methods :of transmit��ng e�e.Ctr.ic�i�ty to.. and � w��hin � any : :. . �
. �dweTling. or, dwelling unit. - , , . . � . . .
16. Exit.
A continuous and unobstructed,means.of egress to a public way and
shall inc],ude ix�terver�ing. doors, doorways; corrido.rs, ramps, . ..
stairways, smoke-proof enclosures, horizontal exits, exit
' � passageways,�exit courts, and �ards: . ' � •�.�
17. Extermination.
The control and elimination of insects, rodents, or other pests
by eliminating their harborage places; by removing or making
inaccessible mater'ials that may serve as their food; b� . .
poisoning, spraying, fumigating, or trapping, or by any other
recognized or legal pest elimination methods approved.
18. Family.
An individual or two (2) or more persons related by blood,.
marriage, or adoption, including foster children, and bonafide
domestic servants, subject to the following conditions:
A. More than five (5) unrelated persons living in a
dwelling unit shall not constitute a family.
B. A group home which is a federal tax exempt, non-profit
organization shall constitute a family whether or not
the totaZ persons other than the live-in staff or
principal occupant exceeds five (5).
19. Floor Area, Gross.
The sum of the gross horizontal area of the several floors of a
structure or structures measured from the exterior faces and
exterior walls or from the center line of common walls separating
dwelling units. Basements devoted to storage and/or off-street
parking shall not be included.
20. Functioning.
In such physical condition as to safely perform the service or
services for which an item is designed or intended.
4
:
21.�. Governing Building.Code. � � . .
The applicable�edit�on of the Minnesota State Building Code•. .�
. � 22.� Habitable itoom. • . . . - ' � ' , ,
A room or enclosed floor space used or intended�to be used for
living, sleegir�g, cookirig or eating purposes;:excluding ��
bathrooms, water.�closet compa�tment$, laundries,:furnace rooms�,.. _
unfinished basements,.pantries,. utility rooms, foyers;
communicating corridors, stairways, closets,.storage�spaces, arid
attics.
23. Heated Water.
Heated water supplied to plumbing fixtures at a temperature of
�� ° not Iess than 110 degrees Fahrenheit. � �.� . : , �
� 24. Heating, Ventilating and.Air-Caridit.ioning Systems. �
� � � � Any �and. all� units; .equipment,� �materl�al,;� .and �miscellaxreous� �devices �
used in the process of heating, ventilating, and air conditioning
. of any dwelling or .dwe.11ing unit. ..
25. Infestation.
The presence within or around a dwelling or dwelling unit of any
insect, rodent, vermin or other pests.
26. Kitchen.
A habitable room within a dwelling unit intended to be used for
the cooking of food or the preparation of ineals.
27. Licensee.
The owner or designated agent or operator of the rental dwelling
who is issued a rental dwelling license for purposes of this
Code.
28. Living Room.
A habitable room within a dwelling unit which is intended to be
used primarily for general living purposes.
29. Lodging House.
Any building or portion thereof containing not more than five (5)
guest rooms where rent is paid in money, goods, labor, or
otherwise.
5
:
30. Maintenance.
To keep in.a good state of repair; to preserve f�om
deterioration. � � � � � '
31. Multiple Occupancy.
The occupancy of a structure that supports, shelters or enclose�
more than one distinct use.
32. Non-combustible.
Any material or a combination of materials which complies with
the most recent edition of the U.B.C.
33. Non-resident Owner.
An owner of.a rental dwelling who does not reside or live in.the
, rental dwelling.
34. Nuisance.
A nuisance shall be.any act as:defined in Chapter �10 of the City
Code. � .
35. Occupancy.
The purpose for which a structure, or part thereof, is used or
intended to be used.
36. Occupant.
Any person residing in a dwelling or dwelling unit..
37. Operate.
As used in this Chapter, the term means to charge a fee or other
form of monetary compensation for the use of a unit in a rental
dwelling or for the use of an accessory structure.
38. Operator, Manager, Caretaker, or Agent.
Any person who has charge, care or control of a structure, or
part thereof, in which condominiums exist or rental dwelling
units are let.
39. Owner.
Any person, firm, corporation, agent or condominium association
who alone, jointly or severally with others shall be in actual
possession of, or have charge, care or control of any dwelling,
dwellinq unit or condominium within the City.
0
:
40. Person.
A natural.person, tha.t person's heirs, exe.cutors, administrators ..
or assigns, and also".a firm, partnership or corporation, �ts�or ��'
th�eir �successors or assigns,.or the agent of any.of the �. ��
afo�resaid. � �
41. Plumbing System.
A11 of the following supplied .facilities and equipment in a
dwelling: gas pipes, gas burning equipment, water pipes, steam
pipes, garbage disposal units, waste.pipes, water closets, sinks,
installed dishwa�hers, lavatories, bathtubs, shower baths,
installed clothes washing machines, catch basins, vents, and any
other similar fixtures and the installation.thereof, together
with all connections of water, sewer, or gas lines.
42. Premises.
A platted lot or por.tion thereof or an unplatted.parcel of la.nd
and adjaeent right-of-way e�ther occupied or unoccupied b�r a
building and/or accessory structure.
43. Property.
All land and structures and systems therein, platted lots or
parts thereof or an unplatted parcel of land.
44. Proper Connection to an Approved Sewer System.
A functioning sewer connection free from defects, leaks or
obstructions with sufficient capacity to drain all fixtures or
appliances which feed into it. The sewer system must be capable
of disposing of sewage in a safe, sanitary, and adequate manner.
45. Proper Connection to an Approved Water System.
A functioning plumbing connection free from defects, leaks or
obstructions providing a potable, controllable flow of water.
46. Public Areas.
Those areas which are normally used by or open to the general
public, regardless of access restriction by a locked exterior
door.
47. Reasonable Care.
The treatment of all facilities, fixtures, equipment, and
structural elements such that depreciation of these objects and
materials is due to their age and normal w.ear rather than due to
neglect.
7
: �
48. Refuse.
Any solid or liquid waste products or those having the chazacter
of solids rather than liquids in that they will not fl�ow readily
without additiona.l liquid and which�are composed.�wholly or paYtly
of such materials as garbage, swill, sweepings, cleanings, trash,
rubbish, litter, industrial solid wastes or domestic solid
wastes,�organic wastes or residue of animals sold as meat, fruit
or other vegetable or animal matter from.kitchens, dining rooms.,
markets, or food establishments of any places dealing in or
handling meat, fowl, grain or vegetables; offal, animal excreta
or the carcass of animals; tree or shrub trimmings; grass
clippings, brick, plaster or other waste matter resulting from
the demolition, alteration or construction of buildings or
structures; accumulated waste materials, cans, containers, tires,
junk; or other such substance which may become a nuisance.
49. Rental Dwelling or Rental Dwelling Unit.
A dwelling or dwelling unit and accessory structure (if any.) let
for rent or-lease.
50. Repair.
To restore to a sound and acceptable state of operation,
serviceability or appearance in the determination of the City.
51. Retaining Wall.
A wall or structure constructed of stone, concrete, wood, or
other materials used to retain soil, as a slope transition, or
edge of a planting area.
52. Rodent Harborage.
Any place where rodents live, nest or seek shelter.
53. Rodent-Proof.
A condition where a structure or any part thereof is protected
from rodent infestation by eliminating ingress and egress
openings such as cracks in walls and holes in screens. For the
purpose of this ordinance, the term "rodent-proof" shall be
construed as though it included "insect-proof" and "vermin-
proof".
54. Safe.
The condition of being free from danger and hazards which may
cause accidents or disease.
8
. .
.•
55. Story.
That portion of a building included between the upper surface of
any floor and the upper surface of the next floor above.it; i.�
there`is no floor above it, the space between the floor and the
ceiling above it. A baseme-nt. is a story for the purposes of
height regulations if one-half (1/2) or more of the basement
height is above the level of the adjoining ground.
56. Structure.
Anything constructed or erected which requires location on or
under the ground or attached to something having location on or
under the ground.
57. Uniform Building Code (U.B.C.).
Shall mean the code published by the International Conference of
Building Officials, and any materials referenced therein.
58. Unsafe.
As applied to a structure, a condition or combination of
conditions which are dangerous or hazardous to persons or
property.
59. Unsanitary.
Conditions which are dangerous or hazardous to the health of
persons.
60. Use.
The purpose for which land, a building, or structure is or is to
be used or occupied, and shall include the performance of such
activity as defined by the performance standards of this Chapter.
61. Water Closet.
A toilet, with a bowl and trap made in one piece, which is
connected to the City water and sewer system or other approved
water supply and sewer system.
62. Yard.
All ground, lawn, court, walk, driveway, or other open space
constituting part of the same premises and on the same lot with a
main building.
220.07. RESPONSIBILITY OF OWNERS
The owner of a dwelling or dwelling unit shall be responsible for
0
8Q
the maintenance of that structure and for meeting the provisions
of this Chapter. Those responsibilities may not be abrogated by a
private agreement.
220.n8. �OINT RESPONSIBZLITIES OF OCCUPANTS AND OWNERS
1. No owner, ope�ator, or occupant of any dwelling unit shall
allow the accumul.ation or formation of dirt, filth, refuse,
. or rodent harborages on.�he premises which.he occupies. or
controls in a manner that Could create a.he�lth hazard to
the dwelling occupants or the general public.
2. Nuisances: No owner, operator, or occupant of any dwelling
unit shall allow the formation or presence of any nuisances
iri or about the premises he/she occupies or controls.
3. Conduct�on l�i�ensed premises: Every owner:; operator, or
occupant of any dwelling unit shall conform to the
provisions of Section 220.14 of this Chapter.
2�0:09. � REMQVAL �OF EQEiIPMENT AidD DTSCONTINUANC$ OF BA$TC •..
SERVICES
No owner, operator, or oceupant shall cause any service, utility,
facility, or equipment which is required under this Chapter, to
be removed from or shut off from any occupied dwelling or
dwelling unit except for such temporary interruptions as may be
necessary while actual repairs or alterations are in process or
during temporary emergencies.
220.10. MINIMUM STANDARDS FOR PRINCIPAL STRIICTORES
1. Minimum Exterior Standards
A. Foundations, exterior walls, and roofs: The
foundation, exterior walls, and exterior roof shall be
water tight, rodent-proof, and shall be kept in sound
condition and repair. Every window, exterior doar, and
hatchway shall be substantially tight and shall be kept
in sound condition and repair. The foundation shall
adequately support the building at all points.
Exterior walls shall be maintained and kept free from
dilapidation by cracks, tears, or breaks or from
deteriorated plaster, stucco, brick, wood, or other
material that is extensive and gives evidence of long
neglect. The protective surface on exterior walls of a
building above ground level shall be maintained in good
repair so as to provide a sufficient covering and
protection of the structural surface underneath against
its deterioration. Without limiting the generality of
this section, a protective surface of a building shall.
be deemed to be out of repair if:
10
. .
(1) The protective surface is paint which is blistered
to an extent of more than twenty-five percent
(250) of the area of any plane or wall or other
area including window trim, cornice members, porch
railings, and other such areas;
(2) More than ten percent (l0%) of the pointing of any
chimney or twenty-five percent (25%) of the
pointing of any brick or stone wall is loose or
has fallen out.
(3) More than twenty-five percent (25�) of the finish
coat of a stucco wall is worn through or chipped
away.
Any exterior surface or plane required to be repaired
under the provisions of this section shall be repaired
in its entirety. If a weather resistant surface such
as brick, plaster, or metal is covered with paint that
is more than twenty-five percent (25%) blistered, it
shall be repainted unless the defective paint covering
is removed in its entirety.
B. Accessory Structure Maintenance
Accessory structures supplied by the owner, operator, or.
occupant on the premises of a dwelling shall be structurally
sound, and be maintained in good repair and appearance.
Exterior walls, foundations, roofs, and exits of an
accessory structures shall be maintained in accordance with
the standards set forth for principal structures.
C. Fence Maintenance
Fences shall be maintained in good condition both in
appearance and in structure. Wood material, other than
decay resistant varieties, shall be protected against decay
by use of paint or other preservatives. If twenty-five
percent (25%) or more of the painted surface of a fence is
determined by the Compliance Official to be paint blistered,
the surface shall be properly scraped and repainted.
D. Re�aining Walls
Retaining walls shall be kept in good condition, repair, and
appearance. A retaining wall shall be deemed out of repair
when it has substantially shifted or slumped out of its
original design position.
E. Yard Cover
All exposed areas surrounding (or within) a principal or
11
:
accessory use, including street boulevards which are not
devoted to parking, drives, sidewalks, patios, or other such
uses,�shall.b� landscaped with.grass, shrubs, trees, or
other ornamented landscape material and shall be maintained
to prev_ent eros.ion from wind and/or water•runoff.� Such.
landscaping shall be maintained in good condition and free
of noxious weeds. Grass and weeds may not exceed ten (10)
inches in height at any time.
F. Gutters and Downspouts
Existing gutters, leaders, and downspouts shall be
maintained in good working condition as to provide proper
drainage of storm water. In no case shall storm water be
channeled into the sanitary sewer system. Neither shall
storm water, ice, or snow be directed into, or channeled
across walkways or streets where 'it is likely to be a hazard.
to life or health.
G. Exterior Lighting
For multiple family dwellings, all exterior parking areas
shall be provided:with an average,_maintained, horizontal
illumination of six-tenths (0.6) foot candles. Parking lot
illumination shall not be directed onto a public street or
adjoining property.
H. Snow and Ice Removal
The owner of a dwelling containing two (2) or more dwelling
units shall be responsible for cleaning and maintaining all
walks, drives, and parking areas, and keeping steps free of
any ice or any snow accumulations of two or more inches
within 24 hours of the storm's completion.
I. Driving and Parking Areas
The owner of a multiple family dwelling or dwellings shall
be responsible for providing and maintaining in good
condition paved and delineated parking areas and driveways
for occupants consistent with the City Code.
J. Facilities for Storage and Disposal of Refuse
Every owner of a residential property shall be responsible
for providing and maintaining facilities for the storage and
disposal of refuse and for arranging for the collection of
this material as required by the City Code.
K. Grading and Drainage.
Every yard, court, or passageway on the premises on which a
12
:
dwelling stands must be maintained in a way to prevent the
excessive accumulation of standing water which constitutes a
detriment to the health and safety of the. occupants or the �
. 'general public. � . � �
2. Minimum Plumbing Standards � �. � � �,
All plumbing in every dwelling unit and all shared or public
areas shall be properly;installed and maintained in a sanita.ry,
safe, and functioninc� condition, and shall. be properly connected
to an approved sariitary system.
A. Every fixture, facility, or piece of equipment
requiring a sewer connection shall have a func.tioning
connection, free.fr.om.defects, leaks, or obstructions,
and shall possess sufficient capacity to drain all
other fixtures, facil.ities; or pieces of�equ�pment
which feed into it. The sewer system must be capable
of c�nveyi.ng all sewage into the municipal sanitary
sewer system.
B. Every fixture, facility, or piece of equipment
requiring a water connection sY�all have a functioning
connection, free from defects, leaks, or obstructions.
Each water connection shall possess sufficient capacity
to adequately supply all fixtures, facilities, or
pieces of equipment to which connected with an
uncontaminated, controllable flow of water.
3. Minimum Electrical Standards: Every dwelling unit and all
public and public areas shall be supplied with electric
service, functioning and safe circuit breakers or fuses,
electric outlets, and electric fixtures which are properly
installed and maintained in a safe working condition. The
minimum capacity of such electric service and the minimum
number of electric outlets and fixtures shall be as follows:
A.
��
Dwellings containing one or two dwelling units shall
have at least the equivalent of sixty (60) ampere,
electric service per dwelling unit;
Dwelling units shall have at least one fifteen (15)
ampere branch electric circuit for each six hundred
(600) square feet of dwelling unit floor area;
C. Every habitable room shall have at least one floor or
wall-type electric convenience outlet for each sixty
(60) square feet or fraction thereof of total floor
area, and in no case less than two such electric
outlets. Temporary wiring, extension cords, or drop
cords shall not be used as permanent wiring. In cases
where more than two outlets are required, one ceiling
13
:
or wall-type light fixture may be substituted for one
required outlet. Required outlets s�all, insofar as
possible, be spaced equal distances apart; .
D. Every ,water closet" compartment, .�bathr.00in, kitchen, • �. _
laundry room,.and furnace room sha21� contain at �Ieast
one supplied ceiling.or wall-type electric light .
fixtur� and every bathroom and laundry room sha3.1
contain at.ie�st_.one.eieetric convenicnce: outl.et;.. .
E. Every public hall and stairway iri every multiple family
dwelling shall be adequately lighted by natural or
electric light at aIl times, so�as to provide
illumination having an intensity of not less than one .
foot candle at floor level to a�l parts thereof. .The
lights in the public hall and stairway of�dwellings
containing not more than two dwelling units may be
controlled by conveniently located switches.instead �of
full-time lighting;
F. A convenient switch for turning on a light in each
dwelling unit shall be located near the principal point
of.entrance to such unit. A patio door entrance may be�
exempt if it is not a principal entrance.
G. If provided, exterior electrical outlets shall be
weather proofed. No e�ectrical drop cords, extension
cords, or electrical wires shall extend across a
walkway or driveway, or otherwise create a hazard to
pedestrians or vehicles.
4. Minimum Heating Standards
A. Al1 dwellings shall have primary heating facilities
which are properly installed and maintained in a safe,
efficient working condition and which are capable of
maintaining a minimum indoor temperature of 68 degrees
F. at an outside temperature of -20 degrees F. at 36
inches above the floor in all habitable rooms,
bathrooms, and water closet compartments in every
dwelling unit located therein.
B. Gas or electric appliances designed specifically for
cooking or water heating purposes, and portable heating
equipment, shall not be considered primary heating
facilities within the meaning of this section.
C. No owner or occupant shall install, operate, or use a
heater employing a flame that is not installed and
maintained in accordance with manufacturer's
specifications and applicable City and State Codes.
14
:
D. Whenever the occupant lacks direct control over the
primary heating facility to his/her dwelling unit, it
shall be the responsibility of the owner to maintain
minimum hea�ing staridards as �set forth above.
5. Water Heating Standards: Every dwelling unit shall�have
supplied water heating faciiities which are installed in an
approved manner, properly maintained, and which are capable
of heating water to such a temperature as to permit an
adequate amount of water to be drawn at every required
kitchen sink, lavatory basin, bathtub, shower, and laundry
facilities, or other similar units at a temperature of not
less than one hundred ten degrees (110) Fahrenheit, forty-
six degrees (46) Celsius, at any time needed. Water
temperatures shall comply with but not exceed the standards
stipulated in the most recently-adopted Minnesota Energy
Code.
6. Minimum Natural Light and Ventilation Standards: Every
habitable room shall have window area of no less than eight
percent (8%) of the floor area and at least one window
facing directly outdoors which can be opened easily. At
minimum, the total openable window area of.every habitable
room shall be four percent (4%) of the floor area of the
room, and in no case less than four (4) square feet. In
lieu of natural ventilation, a mechanical ventilating system
may be provided which is capable of providing two air
changes per hour, with twenty percent (20%) of the air
supply taken from the outside. Every bathroom and water
closet compartment shall have at least fifty percent (50�)
of the openable window requirement otherwise appropriate for
the floor area, except that no windows shall be required if
such rooms are equipped with an exhaust fan connected
directly to the outside, capable of providing five (5) air
changes per hour. For the purpose of determining light and
ventilation requirements, any room may be considered as a
portion of an adjoining room when one-half of the area of
the common wall is open and unobstructed and provides an
opening of not less than one-tenth of the floor area of the
interior room or twenty-five (25j square feet, whichever is
greater. Windows shall not be required in kitchens of
dwelling units when such kitchen has an opening of at least
twenty (20) square feet into an adjoining habitable room and
when such kitchen is provided with an approved mechanical
ventilation system. In addition, the window area of the
adjoining habitable room referred to above shall be of
sufficient size so as to provide for the light and
ventilation requirements of the kitchen area as caell as for
said adjoining habitable room.
7. Minimum Structural Standards
15
:
A. Floors, Interior Walls, and Ceilings: Every floor,
interior wall, and ceiling shall be adequately
..� protected against the passage and harborage of verinin,
rodents, and insects. Every�.floor.shall be free of
�loose, warped,.protr�ding, or rotted flooring materi�ls
and all floor. covering shall be maintained in good
condition. Every interior wall a�d ceiling shall be
free of holes and large cracks, loose plaster, and
blistered.paint and shall:be maintained in good
condition, Lead based paints classified toxic to
children shall not be used on wall or molding surfaces.
Every.toilet room, bathroom, and kitchen floor surface
shall be easily cleanable and maintained in good
condition.
B, Stairways, Porches, and Balconies: Every stairway,
inside or outside of a dwelling, and every porch or
balcony, shall be kept in safe condition and sound
repair. Every flight of stairs and every porch and
balcony floor shall be free of structural
deterioration. Every stairwell and every flight of
stairs which is more than three risers high shall have
at least one handrail approximately thirty to thirty-
eight (30-38) inches high, measured vertically from the
nose of the stair tread to the top of the handrail.
All unenclosed floor and roof openings, open and glazed
sides of landings and ramps, balconies or porches which
are more than thirty (30) inches above grade or floor
below, and roofs used for other than service of the
building shall be protected by.a guardrail; guardrails
shall be not less than thirty-six (36) inches in
height. Open guardrails and open stair railings on
unenclosed stairways shall have intermediate rails such
that a sphere six (6) inches in diameter cannot pass
through. Every handrail and balustrade shall be firmly
fastened and maintained in good condition. A flight of
stairs which has settled out of its intended position,
or pulled away from the supporting or adjacent
structures enough to cause a hazard, must be repaired.
No flight of stairs shall have rotting, loose, or
deteriorating supports. Excepting spiral and winding
stairways, the treads and risers of every flight of
stairs shall be uniform in width and height. Stairways
shall be capable of supporting loads that normal use
may cause to be placed thereon. The minimum dimensions
that will be accepted for existing stairways are as
follows: rise not to exceed eight (8) inches in
height, run of treads to be not less than nine (9)
inches in depth.
C. Windows, Doors, and Screens: Every window, exterior
door, and hatchway shall be substantially tight and
16
� 1�\
shall be kept in sound condition and repair. Every
window, other than a fixed window or storm window,
� sha�l he capable� of being eas�ly opened. Every window
' �, o� other.�eviae with openings to outdoor space.�which is
�� ', used. or� �interid"ed :fo be used�.for ventilation��shall be :
� ���supp�ied with sixteeri (16)-mesh screens. �All-w'indows
� on basement and first floor levels shall have proper
locking devices to prevent oper�ing from the outside..
All..doors and door.and window,frames shall.be.:free of
. blistered�.paint and .shall be �maintained . in �ood '
condition. All door and window hardware and lc�cks
shall be functional and be maintained in good
condition. � �
D. Saf.e Building Eleinents:: Every �roof, floor., every porch ..
and balcony, stairway, and every:appurtenance thereto,
� shall � be. safe to use� and �apable � of suppor�i�ng .loads : ��
that normal.use ma�r cause to.be placed thereon.
E. Access to Dwellings: Access to and egress from each
dwelling shall be provided by at least one doorway that
is a minimum of thirty-six (36) inches wide and eighty
(80) inches high and otl�erwise complies with the fire
exit provisior�s of the City's Fire Code. �
F. Minimum Ceiling Height: The ceiling height of any
habitable room shall be at least seven (7) feet; except
that in any habitable room under a sloping ceiling, at
least one-half of the floor area shall have a ceiling
height of at least seven (7) feet, and the floor area
of that part of such a room where the ceiling height is
less than five (5) feet shall not be considered as part
of the floor area in computing the total floor area of
the room for the purpose of determining the maximum
permissible occupancy.
G. Rooms Below Grade: A room located partly or wholly
below grade may be used as a habitable room of a
dwelling unit provided all of the requirements of this
Ordinance are met. If a room below grade is used for
sleeping purposes, an emergency escape or egress must
be provided. Acceptable means of egress include:
(1) Escape or rescue window with a minimum net clear
openable area of 5.7 square feet. The minimum net
clear openable height dimension shall be 24
inches. The minimum net clear openable width
dimension shall be 20 inches. The finished sill
height shall not exceed 44 inches above the floor.
(2) Exterior-type door or hatch meeting the same
minimum requirements as specified in
17
:
aao.io.o�.(c�.�i�.
H. Door Locks and Security: All doors leading_to �ublic
. or shared areas from all•.dwellirig•units shall be
�. , provided wi�h. a single. cy�ir►der deadbolt �i�ock, . which
must be capable of being lociced from the exterior of
said unit. For the purpose of this section, a
"deadbolt lock" is�a"locking bolt, which, when in the
locked position, can Qnly.be moved positive�y b�y . �
turning.a knob, key, or sliding bolt. Deadboit locks
having a bolt moved by turning a key shall be of the
five-pin tumbler type or an approved equivalent. Lock
�throw shall be not less than three-quarters inch
�(3/4"). Locks shall meet the requirements of the most
current U�.B.C."
8. Minimum Interior Standards � �
A. Kitchen Facilities: Every kitchen in every dwelling
unit shall include the following: -
�
(1J A kitchen sink in good working condition and
properly connected to an approved water supply
system. It shall provide at all times an adequate
amount of heated and unheated running water under
pressure and be connected to an approved sewer
system.
(2) Cabinets and/or shelves for the storage of eating,
drinking, and cooking equipment and utensils, and
of food that does not require refrigeration for
safekeeping; and a counter or table for food
preparation. Said cabinets and/or shelves and
counter or table shall be adequate for the
permissible occupancy of the dwelling unit and
shall be of sound construction furnished with
surfaces that are easily cleanable and that will
not impart any toxic or deleterious effect to
food.
(3) A stove and a refrigerator which are properly
installed with all necessary connections for
sanitary, and efficient operation. Provided
such stove, refrigerator, or similar devices
not be installed when a dwelling unit is not
occupied and when the occupant is expected to
provide same on occupancy, in which case
sufficient space and adequate connections for
installation and operation of said stove,
safe,
that
need
the
refrigerator, or similar devices must be provided.
Toilet Facilities: Within every dwelling unit, there
18
'�
�•
Q
shall be a nonhabitable room with an entrance door
which affords privacy to a person within said room and
which room is equipped w.ith a flush water closet in
good working condition. Said flush water closet shall
be equ.ipped with.easi�y�cleanable surfaces, shall be
connected to an approved water system that at all times
provides an adequate amount of running water under
pressure to cause the water closet to be operated
properly, and shall be connected to an approved sewer
system.
C. Lavatory Sink: Within every dwelling unit, there shall
be a lavatory sink. Said lavatory sink may be in the
same room as the flush water closet, or if located in
another room, the lavatory sink shall be located in
close proximity to the door leading_directly into the
room in which said water closet is located. The
lavatory sink shall be in good working condition and
shall be properly connected to an approved water system
and shall provide at all times an adequate amount of
heated and unheated running water under pressure, and
shall be connected to an approved sewer system.
D. Bathtub or Shower: Within every dwelling unit, there
shall be a nonhabitable room which affords privacy to a
person within said room and which is equipped with a
bathtub or shower in good working condition. Said
bathtub or shower may be in the same room as the flush
water closet, or in another room, and shall be properly
connected to an approved water supply system and shall
provide at all times an adequate amount of heated and
unheated water under pressure, and shall be connected
to an approved sewer system.
Minimum Standards for Pest Extermination
A. All openings in the exterior walls, foundations,
basements, ground or first floors, and roofs shall be
rodent-proofed in a manner approved by the Compliance
Official.
B. Al1 windows used or intended to be used for
ventilation, all other openings, and all exterior
doorways which might provide an entry for rodents and
insects, shall be supplied with adequate screens or
such other devices as will ePfectively prevent the
entrance of rodents and insects into the structure.
C. All sewers, pipes, drains, or
around such pipes and conduits
prevent the ingress or egress
or from a building.
19
� � �
conduits and openings
shall be constructed to
of rodents and insects to
D. Interior floors of basements, cellars, and other areas
in contact with the soil shall be rodent-proofed in a
manner approved by the Compl�iance Official. .
E. The.owner or operator of a dwelling unit shall be
responsible for the extermination-�of rodents, insects,
or other vermin on the premises.
10. Minimum Energy Standards _
Weatherization Requirements: All dwellings which are renter
occupied during all or a portion of the months of November
through April shall comply with the following weatherization
requirements:
A. Install weatherstripping between exterior operable
window sash and frames and between exterior doors and
frames. Weatherstripping is not required on storm
doors or storm windows.
B. Caulk, gasket, or otherwise seal accessible exterior
joints between foundation and rim joist; around window
and door frames; between wall and roof; between wall
panels; at penetrations for utility services through
walls, floors and roofs, and all other openings in the
exterior envelope.
C. Install storm windows on all single glazed exterior
window units enclosing conditioned space.
D. Install storm doors on all exterior door openings into
conditioned spaces unless a single door, enclosed
porch, vestibule, or other appurtenance provides a
double door effect or provides an "R" value of two (2)
or more.
E. Install positive shut-offs for all fireplaces or
fireplace stoves, unless an existing damper provides a
positive shut-off.
F. install insulation in accessible attics to achieve a
minimum total "R" value of the insulation of R-19. If
there is insufficient space for the installation of the
recommended "R" value, then the available space shall
be insulated to capacity.
G. Install insulation in accessible walls and floors
enclosing conditioned spaces to achieve a minimum total
"R" value of the insulation of R-11 when there is no
insulation in a substantial portion of the exterior
walls or floors over an unconditioned space.
Accessible walls shall not include above grade
20
• . .
foundati.on walls of basements. If there is
insufficient space for the installation of the
recommended "R" value, then the available space shall
� �e insulated to capacity. � �. , �.
�11. Occupancy Standards � � . � . � � � � �
Notwithstanding any private.ag�eements between the landlord and
occupant praviding for.more �estrict�ve occupancy standards, the
maximum occupancy standards sha�l.be:� � � � �
A. No more than one family shall occupy a dwelling unit;
and .
B. The maximum number of occupants in any rental. dw.elling
unit shall not exceed the total of two times the number
of bedrooms and the living room.
220.1,1.. HAZARDS
The following are considered immediate hazards to the health,
safety, and general welfare of the occupant.
1. Heating systems that are•unsafe due to: burned out or
rusted out heat exchangers (fire boxj; burned out, rusted
out, or plugged flues; not being properly vented; being
connected with unsafe gas piping; or failing to meet the
minimum heating standards set forth in Section 220.i0.04.
2. Water heaters that are unsafe due to: burned out or rusted
out heat exchangers (fire box); burned out, rusted out or
plugged flues; not being properly vented; being connected
with unsafe gas piping; or lack of a properly instalied and
maintained temperature and pressure relief valve.
3. Electrical systems that are unsafe due to: dangerous
overloading; damaged or deteriorated equipment; improperly
taped or spliced wiring; exposed uninsuiated wires;
distribution systems of extension cords or other temporary
methods; or ungrounded systems or appliances.
4. Plumbing systems that are unsanitary due to: sewer backups;
leaking waste system fixtures and traps; lack of water
closet; lack of washing and bathing facilities; or cross
connections of potable water supply and sewer lines.
5. Structural systems, walls, chimneys, ceilings, roofs,
foundations and floor systems that will not safety carry
imposed loads.
6. Refuse, garbage, human waste, decaying vermin, or other dead
animals, or other materials rendering it unsanitary for
21
8CC
human occuparicy.
7. Infestation of roden.ts,.insects,�vermin, and/or othez pests.
220.12. FIRE SAFETY . • • . " ' ' � . ' • :
l. Fire Exits.
�A.. All .dwe],linc�s shall �-have-.�equired. fire .exits;. � . � . . _ . .
.. maintained in .fully� operabl�e: co�dition, and -readil�y .
accessible to occupant, as per the governing Building �
Code.
B. All exit stairways in multiple dwellings or .. .
condominiuins having more than two (2) �occupied levels �
shall be separated from each other by a substantial
�� � separation of at least a one hour fire resistance � � ��
rating as detailed.in the_most.recent edition o� the .
U.B.C., ar o�her approved one hours assem3�ly. �
C. All multiple dwellings or condominiums having more than
one two (2) levels and the lowest level is at an
elevation les$ than�grade and having the exit at grade
level shall provide a substantial barrier constructed
and placed so as to prevent a person from proceeding
down the stairs to a level lower than the level of
exit.
D. Al1 multiple dwellings or condominiums with 25 or more
dwelling units shall provide emergency lighting in the
exit ways, corridors, and systems in accordance with
Chapter 5-1021 of the N.F.P.A. Std. 1U1.
2. Automatic Alarms.
A. All multiple dwellings and condominiums having an
excess of four (4) dwelling units shall provide a
manually operated fire alarm system capable of alerting
all the occupants of the structure. Each such alarm
system shall be activated by a manual pull station
located at each exit door and by an automatic device
located in the utilities and/or room in which the
primary heating system is located. Such device shall
be a smoke detector, detecting products of combustion
other than heat, and bearing the approval of the
Underwriters Laboratories or Factory Mutuals Testing
Service for such service, or the International
Conference of Building Officials.
B. Every dwelling unit with a dwelling or condominium
shall be provided with a smoke detector, detecting
products of combustion other than heat, and conforming
22
: � �
to the requirements of the Underwriters Laboratories or
approved by the International Conference of Build'ing
Officials. When actuated, the detector.shall provide
. . . an a];arm iri the dwelling .�unit.� � � �
3. Fire Protection System. �.
All fixed and portable fire protection systems and appliances
must be accessible and.mainta.ined �or immedia�e emergency use.
4. Prohibiting Inside Connection of External Appliances.
It shall be uniawful for an owner of a residential �`ental
property or condominium to allow electrical drop cords, extension
cords or any electrical wire to run.from any electrical outlet
from inside the dwelling or dwelling unit for service to an
electrical appliarice outside of the awelling or dwelling unit.
220.13. LICENSING
l. No person shall operate, let, or cause to be let, a rental
dwelling unit without first having obtained a license to do
so from the City of Fridley as hereinafter provided. Upon.
receipt of a properly executed application for licensing,
the Compliance Official and/or his/her designated agent may
cause an inspection to be made of the premises to determine
whether the structure is in compliance with this Ordinance,
other Fridley ordinances, and the laws of the State of
Minnesota. Each such operating license shall be issued
annually and shall expire on the anniversary date of
issuance. License renewal shall be filed at least thirty
(30) days prior to license expiration date. Every rental
dwelling may be reinspected after a renewal application is
filed to determine if the premises still conforms to all
applicable ordinances and codes.
2. Conformance
No operating license shall be issued or renewed unless the
residential rental property or condominium conforms to the
provisions of this Chapter, the ordinances of the City, and the
laws and regulations of the State of Minnesota.
3. Fees
A. The annual license fee shall be as provided in Chapter
11 of the City Code.
B. At the time that a third inspection of a dwelling or
dwelling unit is needed for an uncorrected violation, a
reinspection fee shall be charged to the owner. The
reinspection fee shall be sixty dollars ($60.00) for
23
:
each reinspection needed after the initial inspection
and the second inspection. No license shall be issued
... untii all outstanding reinspection fees have been paid.
If a dw�ili.ng or.dwelling unit is licensed, the licens�
� � may.be .r.evoked or.susperided in the.-.man�er described.�in
Section�220.13.09. �
C. In order to restore a license for a rental dwelling or
dwelling unit which has had its license revoked or
suspended, the license application shall be accompanied
by the license fee equal to one hundred and fifty
percent (150�) of the annual license fee as provided in
Chapter 11.
D. A fee of twenty-five dollars ($25.00) shall�be paid
when �iling the license.Transfer Form as required in
Sectiori 220.13.08.
4. Owner, Agent, or Operator to Apply.
License application or renewal shall be made by the owner of
rental units or a legally constituted agent or operator.
Application forms may be acquired from and subsequently filed
with the Compliance Official. The applicant shall supply the
following:
A. Name, address, and telephone number of the dwelling
owner; partners of a partnership; corporate officers of
a corporation. The City must be notified in writing
within five (5) days of any change of address.
B. Name, address, and telephone number of designated agent
or operator. The City must be notified in writing
within five (5) days of any change of address.
C. Name, address, and telephone number of vendee if
dwelling is being purchased through a contract for deed
or mortgage (name of lender or financial institution
holding mortgage).
D. Legal description and address of dwelling.
E. Number of units in each rental dwelling and the type of
units (one (1) bedroom, two (2) bedroom, etc...) within
each of the rental dwellings.
F. The number of paved off-street parking spaces available
(e.g. enclosed parking spaces, exterior parking spaces,
and handicap parking spaces).
G. Description of procedure through which tenant inquires
and complaints are to be processed.
24
8FF
5. Agents for Emergency�Repairs'Required.
.,No operating.liaense shail be issued or renewed for a n.onresident
: awner of rental•dwelling units unless such owner:-designa�es�in •. �
�. writing .to the Compliance Official. �he nam� of his/lier Ye$iderit �.�
��agent or operator who is responsible for maintenance and upke�ep" �
and who is legaliy constituted�and empowered to institute .
eme.rgency repairs of t2ie �ental dwelling_unit. The Comp�iance .
Official shall be notified;in writing of any change of resident
.agent: � � .
6. Inspection.
The Inspection Department shall set up a schedule of periodic
inspections to ensure City-wide compli�nce with this Chapter.
The Compliance Official shall provide reasonable notice to the
owner or operata���.�as `tb the �date � and time of the inspect-ion:
Every occupant of a dwelling unit shall g.ive the owner or
operator thereof, or his/her agent or emplQyee, access�to any
pa.rt.af such.dt,ielling unit, or its premises, at reasonable times.:.
for the : pur•pose of eFfecting inspection, maintenance, repairs, � or ��. �
alterations as are necessary to comply with the provisions of
this Ordinance. If any owner; operat.or; occupant, or other
person in charge of a dwelling or dwelling�unit fails or refuses
to permit free access and entry to the structure or premises
under his/her control for an inspection pursuant to this
Ordinance, the Compliance Official may seek a court order
authorizing such inspection.
7. Posting of License.
Every license of a multiple dwelling shall cause to be
conspicuously posted in a frame with transparent protective
covering in the main entry way or other conspicuous location
therein the current license for the respective multiple dwelling.
8. License Transferability.
No operating license shall be transferable to another person or
to another rental dwelling without written approvai of the
Compliance Official. A license issued hereunder is transferable
providing that the new owner, partners, or corporate officers
submit to the Compliance Official within five (5) business days
after legally acquiring ownership of the licensed rental
dwelling(s), a License Transfer Form (supplied by the City),
along with the required transfer fee. Failure to submit the
license transfer form and the transfer fee shall result in the
termination of the rental license.
9. License Suspension or Revocation.
A. Notification. Prior to suspension or revocation, the
25
8GG
licensee (or his/her designated agent) and all
occupants of units potentially subject to suspension or
revocation,.shall be notified in. writing pursuant to
Section�220.15 of this Chapter at least t�enty (20)
days prior to a hearing on the matter.
B. Hearing. A hearing shall be held before the Council or
a hearing examiner appointed by the Council. The
hearing shall be conducted to meet the licensee and
occupant's due process rights, including:
(1) Allowing interested parties the right of legal
representation, the right to present evidence,
witnesses, and to cross-examine all adverse
witnesses, and
(2) Making a complete record of all proceedings,
including findings of fact and conclusions of law.
C. Suspension or Revocation. Every operating license
issued under the grovisions of this ordinance is
subject to suspension or revocation for the entire
rental dwelling or for individual rental dwelling
units, by the City Council, should the licensee fail to
operate or maintain the licensed rental dwelling(s) and
dwelling units therein consistent with the provisions
of this Chapter, all applicable ordinances of the City,
and the laws and regulations of the State of Minnesota.
An operating license may also be suspended or revoked
for any of the following reasons:
(1) The license was procured by misrepresentation of
material facts, by fraud, by deceit, or by bad
faith.
(2) The applicant or one acting in his/her behalf made
oral or written misstatements or
misrepresentations or material facts in or
accompanying the application.
(3) The licensee or applicant has failed to comply
with any condition set forth in any other perm.its
granted by the City of Fridley.
(4) The activities of the licensee in the licensed
activity create or have created a serious danger
to the public health, safety, or welfare.
(5) The licensed business, or the way in which
business is operated, maintains or permits
conditions that injure, annoy, or endanger
26
8HH
said
the
safety, health, morals, comfort, or repose of any
member of the public.
E. Effect of Suspension or Revo.cation:� In the event that
an�operating lic�nse is suspended or�re�oked by t'he.
City Council under Sectibns 220.7 to 220.12, it shal�l
b� unlawful for the owner or his/her duly authorized
agent to thereafter permit any new occupancies of
vacant, or thereafter vacated rental units, until such
time as a valid operating license is restored to the
affected units. issuance of a new license after
suspension or revocation shall be made in the manner
provided for obtaining an initial license.
10. Posted to Prevent Occupancy.
Whenever any dwelling or dwelling unit has been denied a license,
has had its operating license suspended or revoked pursuant to
Section 220.14, or is unfit for human habitation, it shall be
posted with a placard by the Compliance Official to prevent
further occupancy. No person, other than the Compliance Official
or his/her representative, shall remove or tamper with any
placard used for posting. The Compliance Official will post on
the placard the date that the vacancy shall become effective. On
or after the placard vacancy date, no person shall reside in,
occupy, or cause to be occupied any dwelling or dwelling unit
which has been posted to prevent occupancy.
11. Failure to Obtain License.
If it is determined that a rental dwelling unit is being operated
without a valid license, an immediate inspection shall be
conducted. It shall be unlawful for an owner, designated agent
or operator, after notice sent first class mail, to continue
operation of a rental dwelling unit without submitting an
application for a license under this Chapter, along with the
necessary license fee. Once an application has been made, it
shall be unlawful for the owner, or his/her duly authorized
agent, to permit any new occupancies of vacant, or thereafter
vacated rental units until such time as the license is issued.
12. Issuance of Rental License.
If the rental dwelling is in compliance with all applicable
ordinances of the City and the laws and regulations of the State
of Minnesota, a license shall be issued to the present owner or
his/her designated agent. If the City finds that the
circumstances of the occupancy following the issuance of the
license involve possible Code violations, substandard
maintenance, or abnormal wear and tear, the City may reinspect
the premises during the licensing period.
27
8��
220..14.� CONDIICT ON LICENSED��PREMISES
. 1�. It.shall be. the�responsibility.of.the l�censee to take
� appropriate actiori following conduct by occupant(s) or �
. guests of � the occu�ian��Fs) which is in vioTation ��of any of ..
. 'the �ollowing statutes or ordinances:
A. Minn. Stat. SS 609�.75 through 609.7b, which prohibit �
ga�li�g. � � � : . � :
B. Minn. Stat: SS �609.321 through 609.324 which�prohibit
prostitution and acts relating thereto;
C. Minn. Stat. SS 152.01 through 152.025, and.S 152.027,
� 5ubds. 1 and 2, wha.ch prohibit the unlawful sale.or
possession of controlled substances;
D. . Minn. Stat. S 340A.401, which regulates the unlawful .
sale of alcoholic beverages;
E. Minn. Stat. S 609.33, which prohibits owning, leasing,
operating, managing, maintaining, or conducting a
. disorderly house, ar inviting or�attempting to invite
� others to visit or-remain in a disorder�ly house;
F. Minn. Stat. SS 97B.021, 97B.045, 609.66.through 609.67
and 624.712 through 624.716 and Chapter 103 of the City
Code, which prohibit the unlawful possession,
transportation, sale or use of weapon; or
G. Minn. Stat. S 609.72, which prohibits disorderly
conduct.
H. Fridley City Code 124.07, prohibiting public nuisance
noises, and Chapter 110 of the City Code prohibiting
public nuisances.
I. Minn. Stat. SS 609.221, 609.222, 609.223, 609.2231, and
609.224 regarding assaults in the first, second, third,
fourth, and fifth degree.
2. The Public Safety Director or his/her designee shall be
responsible for enforcement and administration of this
section.
3. Upon determination by the Public Safety Director that a
licensed premises or a dwelling unit was involved in a
violation of subsection (1), the Public Safety Director
shall notify the licensee by first class mail of the
violation and direct the licensee to take steps to prevent
further violations. A copy of said notice shall be sent by
first class mail to the occupant in violation of subsection
28
8JJ
(1).
4. Upon a second violation within twelve (12} months of
subsection (1) involving a guest of or an occupant of a
dwelli�g unit, the notice provided under sub,section 3 of
this section shall require the licensee to submit a written
report of the action taken to prevent further violations on
the premises. This written report shall be submitted to the
Public Safety Director within five (5) days of request of
said report and shall detail all actions taken by the
licensee in response to all notices regarding violations to
subsection (1) within the preceding twelve (12) months. If
the licensee fails to comply with the requirements of this
subsection, the rental dwelling license for the individual
rental unit, may be denied, revoked, suspended, or not
renewed. An action to deny, revoke, suspend, or not renew a
license under this section shall be initiated by the City
Council at the request of the Public Safety Director in the
manner described in Section 220.13.09.
5. If a third or subsequent violation of subsection (1)
involving a guest of or an occupant of a dwelling unit
occurs within twelve (12) months after any two (2) previous
instances for which notices (pursuant to this section) were
sent to the licensee regarding the same dwelling unit., the
rental dwelling license for the individual rental unit, may
be denied, revoked, suspended, or not renewed. An action to
deny, revoke, suspend, or not renew a license under this
section shall be initiated by the City Council at the
request of the Public Safety Director in the manner
described in Section 220.13.09.
6. No adverse license action shall be imposed if the violation
to subsection (i) occurred during the pendency of eviction
proceedings (unlawful detainer) or within thirty (30) days
of notice given by the licensee to an occupant to vacate the
premises, where the violation was related to conduct by that
occupant, other occupants, or the occupant's guests.
Eviction proceedings shall not be a bar to adverse license
action, however, unless they are diligently pursued by the
licensee. Further, an action to deny, revoke, suspend, or
not renew a license based upon violations of this section
may be postponed or discontinued at any time if it appears
that the licensee has taken appropriate measures which will
prevent further violations to subsection (1).
7. A determination that the licensed premises or dwelling unit
has been used in violation of subsection (1) shall be made
upon substantial evidence to support such a determination.
It shall not be necessary that criminal charges be brought
to support a determination of violation to subsection (1),
nor shall the fact of dismissal or acquittal of criminal
29
8KK
charges operate as a bar to adverse license action under
this section.
220.15. COMPLIANCE
l. The�City Manager.shall designate the Compliance Official to
administer and to enforce the provisions of this Chapter.
The Compliance Official is hereby authorized to cause
inspections on a scheduled basis and/or when reason exists
to believe that a violation of this Chapter has been or is
being committed.
2. Whenever the City determines that any dwelling or dwelling
unit fails to meet the provisions of Sections 220.07 through
220.12 of this Chapter, the City may issue a compliance
order setting forth the violations of the Chapter and
ordering the owner, agent, operator, or occupant to correct
such violations. This compliance order shall:
A. Be in writing.
B. Describe the location and nature of the violations of
this Chapter.
C. Specify a reasonable time in which violations must be
corrected.
D. Be served on licensee. Service shall be sufficient if
personally served, posted in a conspicuous place on or
about the premises, or if mailed by.first class mail to
the licensee's last known address on file pursuant to
Section 220.13.04.
3. The Compliance Official may investigate complaints relating
to the rental dwelling or dwelling unit. The Compliance
Official may request the occupant to�notify the owner or.
agent about the compliant. The Compliance Official shall
contact the owner or agent to verify that the owner or agent
is aware of the complaint. If deemed necessary by the
Compliance Official, an inspection of the unit may be
conducted to determine if there are violations to this
Chapter and other applicable ordinances of the City and the
laws and regulations of the State of Minnesota. If the
inspection reveals that an ordinance or code violation
exists, the Compliance Official shall notify the owner or
agent pursuant to subsection (2). Unless the correction or
repair is an emergency case as regulated in Section 220.17,
the owner or agent shall comply with the timeframes
established in the Compliance Order; it is not expected that
repairs or corrections are completed within twenty-four (24)
hours.
30
8LL
220.16. EMERGENCY CASES
When a violation of Section 220.11 of this Chapter canstitutes an
imminent peril to liFe, health, safety, or property, the City may
require itnmediate compliance�and, if necessary, take�appropriate
action to correct the violation.
220.17. COLLECTION OF RECYCLABLES
Every owner of a multiple dwelling of 13 or more units or other
units not serviced under the City contract for recycling services
shall arrange and contract for at least monthly collection of
recyclabies to include at least newsprint, glass (food and
beverage), aluminum, steel, and tin cans, and corrugated
cardboard. A copy of the owner's contract for recycling services
shall be submitted to the City in conjunction with the annual
renewal of the rental license.
220.18. UNFIT FOR HUMAN HABITATION
1. Declaration.
Any structure dwelling or dwelling unit which is damaged,
decayed, dilapidated, unsanitary, unsafe, infested, or which
lacks provision for illumination, ventilation, or sanitary
facilities to the extent that the defects create a ha2ard to the
health, safety, or general welfare of the occupants or to the
public may be declared unfit for human habitation. Whenever any
structure dwelling or dwelling unit has been declared unfit for
human habitation, the City shall order same vacated within a
reasonable time and shall post a placard on same indicating that
it is unfit for human habitation and any operating license
previously issued for such structure dwelling or dwelling unit
shall be revoked.
2. Vacated Dwelling.
It shall be unlawful for a vacant structure dwelling or dwelling
unit, which has been declared unfit for human habitation, as
provided above, to be used for human habitation until the
defective conditions have been corrected and written approval has
been issued by the City. It shall be unlawful for any person to
deface or remove the declaration placard from any such structure
dwelling or dwelling unit.
3. Secure Unfit and Vacated Dwellings.
The owner of any structure dwelling or dwelling unit, which has
been declared unfit for human habitation, or which is otherwise
vacant for a period of 60 days or more, shall make same safe and
secure so that it is not hazardous to the health, safety, or
general welfare of the public and does not constitute a public
31
: 7
nuisance. Any vacant dwelling.or dwell�ing unit�open at doors.or ..
windows,�i�f unguarded, shall be deemed to be a hazard to �he
health, safety,.and general welfare of the public and-a public .
. nui�sance within the me�ni�g of this Chapter..• • �'
� � 4. . Haz�rdous�Building Declaration�..• � .� - � �.
In the event that a dwelling or dwelling unit has been declared _
unfit for human habitation and the owner has not.remedied�the
� defects �within a� �prescribed� reasonabT� �time; �th�n� it�� may� be �� � � � • �
declared" a ha�zardous building and � treatECY cons•3sterit with the �� �
provisions of Minnesota Statutes, Sections 463.15-463.261.
220.19. E%ECOTION OF COMPLIANCE CODES
Upon failure to comply with a�compliance order witYiin�the time
-set and�no appeal having been taken, the City Council may, by
resolution, cause the cited deficiency to be remedied as set ..
forth in the� compliance order. The cost � of �such remedy 'shail �b�e �
placed against the subject property and may be levied and
collected as a special assessment in the manner provided by
Minnesota Statutes, Chapter 429.
220.20. APPEAL �
When it is alleged by any person to whom a compliance order is
directed that such compliance order is based upon erroneous
interpretation of this Chapter, such person may appeal the
compliance order as provided under Chapter 6 of the City Code.
The filing of an appeal shall stay all proceedings, unless such a
stay would cause imminent peril to life, health, safety, or
property.
220.21. TRAN3FER OF OWNERSHIP
Anyone securing an interest in the dwelling or dwelling unit
which has received a violation tag or compliance order shall be
bound by the same without further service of notice and shall be
liable to all penalties and procedures under this Chapter.
220.22. NO AARRANTY BY CITY
By enacting and undertaking to enforce this ordinance, neither
the City nor its council, agents, or employers warrant or
guarantee the safety, fitness, or suitability of any dwelling in
the City, and any representation to the contrary by any person is
a misdemeanor. Owners or occupants should take whatever steps
they deem appropriate to protect their interests, health, safety,
and welfare. A warning in substantially the foregoing language
shall be printed on the face of the license.
32
�� l
220.23. SEVERABILITY
Every section, provision, or part of this Chapter is declared
separable from every other section, provisi�n,-flr part.to the
extent that if�any seEtion, prov-ision, or part oE�this�.Chapter
shall�be�he•ld invalid,.such holding sha�l�not .invalidate��ny
� - bther � se�tion,. provision.; or. pa�t�_therebf . � � . . � - •
220.24. PENALTIES . .
Any violation of this Chapter . is a��inisdemeanor ahd is�` �subj�ect.� to -�
'all`penalties provided for sucli�violations'under the provi5ians ' � �
of Chapter 901 of this Code.
It is a misdemeanor for any person to prevent, delay, or provide
false information to the Coinpliance Official, or his/her.: .
representative, wiiile they are engaged in the performance of � �
duties set forth in this.Chap'ter.
11. GENERAL PROVISIONS AND FEES �
11.10.` FEES . , . - � _
License and permit fees shall be as €ollows:
CODE SUBJECT
220 Rental Dwelling Unit
Reinspection Fee:
Transfer Fee:
FEE
Single rental unit - $25
Two rental units - $50
Three units - $75
Four units - $100
Five or more units - $100
plus $5 per unit.
$60.00
$25.00
License Fee after 150% times the annual license
Revocation or fee
Suspension:
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
33
: � �
, - - -
� .
�
�
�
� Public Hearin . .
9= .. . . . - ..
j First Reading: • �.
; • Second Reading; . � �
!• . . . Publish:. . . . � . .• . �.. � . .. .
� � � � � � � � �'
� x
k. . , . . .. - � ,. . •.. .. . _.. . . - .
I. ' � ` •�-�. . -. ,
34
8PP
� �
r-��� ; a��
�� � .��'
� � �
�
�
RIVERFRONT VARIANCE POLICY MEMO
TO: Fridley City Councit
FR: Biil Nee
SUBJ: Please Consider This
June 22, 1994
While this memo has been "triggered" 6y the Wayne Da61 variance vote, it is
not my desire to re-argue that question in his behatf. My concern is t6at it
brings up, a� very fundamental issue that I. have an ob6gation to several :
hundred residents to resolve.
That issue concerns how rigid the city witl be on variances to some critical
river corridor zoning regulations.
r
Aside from my own personal problem, at least three Council members w6o -
presumably represent the interests of property owners west of the �East River
Road have many constituents who are counting on City Council members who
wi11 make an effort to protect �them from some of the oneroas effects of the
Critical River regulations... _and. soon, from the more arbitrary and on�rous
effects of fhe National River (MNRRA) Federal plan.
Last summer when MNRRA held eatensive hearings on their Draft Plan many
Fridiey riverfront residents ezpressed deep concern over some provisions in the
plan which would unreasonably limit their use of their land, and which could
prevent or severely limit replacement of a destroyed building, and in some cases
make rehabilitation difficult or prohibitive.
During the MNRRA planning process ( over the previous 2+ years) I worked
with the DNR, the National Park Service and the Met Council to illustrate some
of the practical problems t6eir regs would create for residential frontages.
While I succeeded in persuading NPS and MNRRA to cut us some slack, •the
provisions of the Critical Area statutes (as in our overlay ordinance, 205.02) "
stilt pertain . The DNR gave informal assurances that
in their final review they would tend to honor reasonabte variances granted by
City Councils.
But I need to emnhasize that thev wrould make an accommodation ONLY if the
local City Council first granted the variance.
To egpress this in uersonal terms, if our house burned down...as it did in
1967...we would be arohibited from rebuiiding it ...unless the Citv would give us
a variance from the arovisions of our ordinance 205.02.
1
� _ . .�
If the City Council would grant the variance the .DNR witl agree to atlow a
rebuild on the original footprint. Otfierwise, here's my problem: (1) a pie-
shaped lot which has a
narrow width building site at the 35' front set-back line, (2) relatively
shatlow depth of lot up to bluff-line, depth wh+ch is consumed by 75' of
required set-bactts (35' front yard set-back and 48' bluff-line set-back.) Given
the constraints, the Qniy house that�would fit would be like a railroad
car...about 12• �deep and 55' wide. I suppose it could be 2-story. �
This is a simple eaampte of the .kind of problems the ar.6itrary enforcement of
this par.t of our Zoeing .Code can produce �• � � � . - . �
Another kind of problem is illustrated in Riverview Heights. In Riverview . .
Heights the people near the river don't 6ave t6e problem...it's the homeowners
back up �the hilf that will someday get an infuriating surprise. � We should .�
probabty notify them -now...what to eapect if the Dahl decision is City po6cy.
In Riverview Heights the bluff-tine is from three to five blocks east of t6e
River. "Up the hill" �. I haven't looked at the bluff-line map in that area, but
I would guess there is a string of houses 6 blocks long along t6at bluff-line.
Most of them are probabty in violation of the 40' set-back if for no other reasori
than that the tots are smalt. This means no reconstructiou of fire or wind
damage, no major rehabilitation, no toot-s6eds or garage eapansion. Not
without the kind of variance we denied Dr, Dahl.
Riverview Heights also ittustrates another and possibly more pervasive part of
the probtem...the bluff-face regul�tions which could easi(y impact another 40
homeowners or more.
Present City Law permits construction etc on a bluff-face not-to-ezceed an 18°/a
slope. The new MNRRA ptan reduces that to prohibit construction, rebuilding,
major rehab etc. on aay slope over 12%! I don't know what the slopes are in
various parts of Riverview Heights, but I think it probabie that quite a few tots
on the bluff-face wilt someday have to ask for a variance.
Without variances, the redevelopment dynamics in Riverview Heights witl be
negative. Efforts to rebuild, rehab or improve RVH homes will be impaired or
impossible. Neighborhood redevelopment would be reversed.
The bottom iine is, how "chicken" are we gong to be.
How concerned are we going to be for OUR citizens-in addition to those few
who occasionatly canoe down the river?
2
On that question, !et me quote our staff "instructions" to the Board of Appeals
on the Dahl variance issue:
"T6e public purpose served by t6is requirement is as fotlows:
a. To protect.and preserve a�unique and valuable state and regiona!
resource for the benefit of the health, safety and wetfare of the
- � state, region and aation:
b. To prevent and mitigate irreversible damage to
this state, regional and national resource:
c. To preserve and enhance its natural, aestLetic, caltural and
historic value for the public use: �.
d. To protect and preserve the river as an essential elemeut in
�e na�ional, state and rei�ional trnnsporta�ion, sewer and
water and recr�ea�ional system, and
S. To protect and preserve the biological and ecological functions
of 1fie Mississippi River Corridor."
(underlines mine)
Those ar all word� considera#Ioas but �ere's sometLing very important
missing ....there's no concern e�ressed for the well-being of the people of
Fridleyl
T6is is strange, in diat I had die impression Niat we pay ciiy sta� to work
for the people of Frldley not "state, regioaal and national° interests.
Given the strong influence staff members exereise with tfieir various
commissions, the above I�ind of '�instructions to the jw�" pretly much
make the outcome a foregone conclusioa
I should emphasize that the preceding remarks should not be considered
criticism of sta� We`ve gone �rough similar problems with sta�
recommendations before, and the staff response is based on their concern
over their professtonal integrity. I respect diat position. We all do.
��
Which means that if we decide we should soi%n tlie someti�nes
impractical effects of die Critical Areas ordinance, it fa1Ls to tlie �ty
Council to do the deed. Grant a variance.
WHAT GUIDEIINES?
Am I suggesting that .we give .variances wide open...on everything?
NO. Total .abrogatiou of the Critical Areas regulatioqs is probably not
desirable, and in any event is not doable. I can visualize some variances we
coutd give that the DNR simply would not approve:
But as I said before, they recognize the unjustifed difficutty the application of
some regulations could cause and would take a moderate �view dealing with
many variances the City might give.
For ezample, if a windstorm damaged a riverfront home so that repairs would
cost over 50% of the home's value, fhe new MNRRA regs require it to be torn
down and re-sited to comply with t6e new siNng standards. If thaf happened,
and the City Council gave a variance, the DNR indicated t6ey would "go along'•,
permitting the eztensive repair or rebuilding on the same footprint. But what
they woutd not approve is a rebuilding or re-hab that eatended the
encroachment.
SO WHAT ABOUT GUIDELINES?
It seems to me that our basic position should be that as a matter of principte,
homeowners in the Critical Area Corridor should not be denied the same
property rights enjoyed by other Fridley homeowners. And t6ere%re, the City
Council should use it's variance powers to secure those equal rights for citizens
owning homes between the East River Road and the river. (To the eztent the
DNR will approve . The river will sNll have adequate protection. T6e DNR
will see to that.)
BUT WHAT ABOUT PRECEDENT?
We are usually concerned with the undesirable effects of setting a"precedent".
In this situation just the opposite is true. In order to insure the rights of future
property owners, it's highlv desirable to set precedents that can be cited to
restore some of the property rights enjoyed by other Fridtey 6omeowners.
0
l
0
For egample, the Rassmussen GAZEBO variance set a useful precedent. Even
though staff opposed it (for reasons of professional integrity) the Council issued
a variance for reasons of "common sense"...and the oversight authorities found
that common sense action acceptabte. Now the next bluff-tine gazebo
homeowner will be able to cite a precedent...properly so...and be altowed to put
a gazebo in his/her garden , just tike any other Fridley homeowner.
. While ther� was. anot6er absurd �issue involved to. complicate the precedent,
t6e �Da6l variance could 6ave establis6ed a precedent that under certaiu
conditions bluff-line residents could site a tool shed within the 40' bluff-line
setback, using their property as fully as any other Fridley .homeowner.
That would have been a very usefut preceden� As it is, similar structures are
being built every year in viotation of the Code, some encroac6ing on the bluff-
line setback, � others encroaching on the 6luff-slope. Years ago I had such a
shec� partway up the�slope-to store.a canoe motor, paddles, gasoline.and life �
preservers. T6at was before��the Criticai Area regs were adopted. It's gone
now.
T6ey're being built Setting some reasonable standards under which t6e �ity
�vould grant a variance...based on precedent the DNR has accepted...wouid be
more desirable. For one thing it might prevent them from floating downstream
during springtime hig6 water.
NO SECURITY UNTIL----
Fridley home�wners between the East River Road and the river will have no
defense. no nrotection from the harmefu! ef%cts of the arbitrary application of
"the letter of the law" until there is a bodv of variance arecedent provided by
action of t6e City Council.
At the rate we're going this may take several years, if indeed, it happens at all.
My personal problem is that last summer during the public hearings I
responded to homeownere concerns by saying I was confident they could rely on
the city council to support reasonable variances. I fett justified in giving such
assurances based on the gazebo variance. Today it's clear there is a tot of doubt
about what they can eapect from our staff, from the Board of Appeats and the
City Council. We should advise them that they have a problem.
In tfie meantime, I'lt keep plugging along... trying to put the interests of Fridley
homeowners ahead of state, regional and national interests.
30
S
� � U Community Development Department
C� � � � PLANNING DIVISION � - .
� City o�'� Fridle� � .
DATE:
TO :.
FROM:
.SUBJECT:
3'uly 7, � 1994 . . . .
William 8urns, City Manager �tl�.� . �
Barbara DaCy, Community Development Director
Ordinance Approving Summary and Title Repeaiing
� Chapter 220 of the Fridley_City Code, and Adopting
� a New Chapter Entitled "Residential Rental
Property Maintenance and L'icensing Code"
In this evening's agenda, the City Council will be acting on the
second and final reading for Chapter 220. The attached ordinance
is a summary ordinance which will be published in the Focus News.
The summary ordinance is proposed in order to save publication
costs for the 35 page ordinance. The ordinance was published in
its entirety prior to the first City Council public hearing in
February 1994, and a fu1Z copy of the ordinance was mailed to
each owner in May of 1994. .
Staff recommends that the City Council approve the summary and
title ordinance repealing Chapter 220 and adopting a new chapter,
and also authorizing its publication.
BD/dn
M-94-372
ORDINANCE NO.
_ . � . � � . OFFICIAL. TITLE .AND. SUMMARY . . .
I. �Title
An ordinance recodifying the Fridley City Code,�Chapter 220,
entitled "Res•�.dential Rental PropeXty and.Condominium Comman �Area .
Maintenance", by.zepealing and adapting a..new .Chapter 220,.
entitled "Residential Rental Property Maintenance and Licensing
Code", and amending Chapter 11, entitled "General Provisions and
Fees". .
II. Summarv . .
The City Council of the City of Fridley does hereby ordain-as
follows:
The proposed ordinance establishes licensing,.inspeetion, and
maintenance requirements for�property.rented as dw�lling units.
It identifies minimum standards for principal structures and fire
safety requirements. It requires a license to rent residential
rental property and it requires certain procedures to obtain a
license. The ordinance also enables the City to revoke a license
and mandates certain procedures for adequate due process and
hearings. The ordinance contains requirements and procedures for
owners of rental property to carry out regarding the conduct of
occupants on the licensed premises.
The ordinance establishes these standards and requirements in
order to provide for the public health, safety, and welfare of
its citizens and to prevent substandard conditions of residential
rental property.
III. Notice
This Title and Summary have been published to clearly inform the
public of the intent and effect of the City of Fridley's
ordinance requirements for residential rental properties. A copy
of the ordinance, in its entirety, is available for inspection by
any person during regular business hours at the offices of the
City Clerk of the City of Fridley, 6431 University Avenue N.E.,
Fridley, MN 55432.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THE
DAY OF , 1994.
• �
i
i
Ordinance.No.
- Page 2 � � � • � .
_ .
' WI LLIAM �J . NEE - MAYOR� � �
ATTEST:
�: .... . .. . .. . : . . . .
� WILLIAM A. CHAMPA - CITY CLERK �' �
Public Hearing: March 7 and 21, 1994
First Reading: June 20, 1994 .. .
Second Reading: :
� � Fublication: - - . . _ :..y � �
9B
CITY OF FRIDLEY
PLANNiNG COMMISSION MEETING, JUNE 29, 1994
____ _.. ____ ,_.- -.-- __.._..___..___ . _ _ .,.. _. ..__�._ .. , -.
CALL 'TO ORDER• �
Chairperson.-Newman called the June 29, 1994, Planni-ng Commission
meeting to order at 7:34.p.m.
ROLL �CALL• _ � . . .
Members-Preser�t: Dave Newman, Dave Ko�dr'ick; Dean�Saba, � �
LeRoy.Oquist, Brad Sielaff
Members Absent:
Others Present:
Diane Savage, Connie Modig
Michele McPhersbn, Planning Assistant: .
Mike B1ack, Roya1 Oaks Realty � �
Keith Ebensteiner, Biltmore Construction
Chuck P1owe�, Plowe Engineering
Louis Mitteco, Totino Grace High 5chool
W. S. Fallon, St. Paul Archdiocese �
Charles.Westling, 125 - 76th Way N.E.
See attached list
APPROVAL OF JUNE 1, 1994,.PLANNING COMMISSION MINUTES:_
MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to approve the
June 1, 1994, Planning Commission minutes as.written.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEAMAN DECLARED THE
MOTION CARRIED UNANIMOIISLY.
1. PUBLIC HEARING: CONSIDERATION OF A PRELIMINARY PLAT REQUEST,
P.S. #94-05 BY KEITH EBENSTEINER FOR BILTMORE CONSTRUCTION
OF NEW BRIGHTON, INC.:
To subdivide part of �Lot l, Block 1, Grace High School
Addition, into nine new single family lots, generally located
in the southeast corner of the Totino-Grace High School
property at 1350 Gardena Avenue N.E.
MOTION by Mr. Kondrick, seconded by Mr. Oquist, 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 PUBLIC HEARING OPEN AT 7:36 P.M.
Ms. McPherson stated the property is owned by the Archdiocese of
St. Paul and Minneapolis. The property is located at the
intersection of Matterhorn Drive and Garciena Avenue. The areas to
be platted are located in the southwest and southeast corners of
the subject parcel. The property is zoned R-1, Single Family
�0
PLANNING COMMISSION MEETING JUNE 29 1994 PAGE 2
Dweliing, as are the parcels on the north, south, and west sides
qf the property. The property.to the southeast of the subject
pzoperty is�zoned R-3, General Multiple Family Dwelling,. and
Innsbruck.Park�located to the east which is zoned P, Public. �
Ms. McPherson stated Totino-Grace High School is located on the
subject property. The high school.campus is composed of the high
school,_a retreat building,. a maintenance building, a track, and
baseball, softball, and foatball fields. A 25 foot drainage and
utility easement running north/south across the property is located
within the western one-third of the subject parcel. A public water
ma�in is located within this drainage and utility easement.
Ms. McPherson stated that also located�on the subject�property are
two Type 5 wetlands composed of approximately 95� open water with
some emergent and surrounding ve�etation. fihose wetlands are
located on the easterly portion of the subject property and have
delineated in accordance with the 1991 Wetland Conservation Act.
Ms. McPherson stated the aerial p�otograph shows a�eavily w�oded
area also located in the easterly portion of the subject property.
This area is composted of oak, maple, sumac, choke-cherry, and a
variety of other woodland-type plants. There is also a small clump
of similar-type vegetation located in the southwesterly corner of
the subject property.
Ms. McPherson stated the petitioner proposes to create nine single
family lots and one lot for the High School. Two lots will be
located in the southwesterly corner of the subject property which
will have direct access to Matterhorn Drive, and seven lots are
proposed in the southeastern portion of the subject property which
will have access off a cul-de-sac proposed to be named Royal Oak
Court.
Ms. McPherson stated that in terms of the R-1, Single Family
district requirements, all nine lots meet the minimum lot area of
9,000 square feet and lot width of 75 feet with corner lots
requiring 80 feet. The proposed lot areas are as small as 12,370
square feet and as great as 24,491 square feet.
Ms. McPherson stated that Lot l, Block 1, located at the
intersection of Royal Oak Court and Arthur Street has a lot width
of 100 feet. Staff recommends a stipulation stating that the
dwelling should face Royal Oak Court. In addition, the trees
located within the 17 1/2 foot required side yard setback should
be preserved to provide screening for the dwellings located on the
east side of Arthur Street which face the proposed development.
Ms. McPherson stated that with the construction of each of the
dwellings, the Building Code requires the submission of verifying
surveys to ensure compliance with the setback requirements.
Ms. McPherson stated the total acreage of the subject property is
34.1 acres. Approximately 3.32 acres will be used for single
� �1
PLANNING COMMISSION MEETING, JUNE 29, 1994 PAGE 3
family lots. Approximately .44 acres will be used for the proposed
road and its right-of-way. The remaining 30.34 acres will remain
under�the ownership of the Archdiocese.
Ms. McPherson stated the subdivision ordinance sets forth a variety
of design requirements for all subdivisions. These requirements
include dedication for parks, street pattern and construction, and
minimum improvements.
Ms. McPherson stated the ordinance requires either a dedication of
land (10%) of the area to be platted or a cash equivalent
($1,500.00 per lot) for public uses such as schools, parks,
playgrounds, etc. Staff is recommending a stipulation that the
petitioner pay the cash equivalent of $1,500 per lot for each of
the nine single family lots.
Ms. McPherson stated the proposed road is a cul-de-sac 32 feet in
width. The length of the cul-de-sac is 278.15 feet which is well
within the 600 foot maximum permitted by the ordinance. The
diameter is proposed to be 80 feet; however, the Fire Code requires
a cul-de-sac width of approximately 90 feet so the road will need
to be redesigned and resubmitted prior to City Council review. The
road slope is well within the 6% permitted by the subdivision
ordinance.
Ms. McPherson stated that in conjunction with the construction of
the road and the proposed development, the petitioner is proposing
to construct a sedimentation pond along the north side of the
street. This will allow the trapping of pollutants in the run-off
from the road prior to entering the wetland north of the
subdivision.
Ms. McPherson stated the City typically requires detention ponds
which are dry as opposed to sedimentation ponds which retain some
water. Detention ponds will hold water for a short period of time
and then will be dry during non-rainy periods. City staff inet with
the petitioner late last week prior to sending out the staff
reports. The petitioner will be submitting calculations to the
Engineering Department for review which indicate the amount of
detention needed as a result of the increase in impervious surface.
Preliminary indications are that there is adequate room within the
sedimentation basin to meet the City's requirements for detention.
The amount of impervious surface created by the proposed
subdivision will not adversely impact the 100 year elevations of
the adjacent wetlands, nor will the proposed subdivision overload
the adjacent stormwater system in the street.
Ms. McPherson stated a maintenance agreement for the sedimentation
basin will be required to be recorded against the property as
required by the City. An easement will also need to be dedicated
to preserve this area for drainage and utility purposes.
McPherson stated the petitioner has submitted a preliminary utility
plan. The petitioner is proposing to construct water and sewer
i'
PLANNING COMMISSION MEETING, JUNE 29, 1994 PAGE 4
mains within the proposed right-of-way of Royal Oak Court. The
petitioner has pxoposed to loop the water main to.provide water
service from Arthur Street into the cul-de-sac and back �o Arthur
Street in order to 'prevent a deadend water. line si�uation. �The
Erigineering Department has requested that-the petitioner look at
other alternatives for looping the water main including connecting
the proposed water main connection to either the water main located
in the westerly portion of the property or another water main
located in the northerly portion of the property.
Ms. McPherson stated the petitioner is currently analyzing these
two options to meet the Engineering Department's requireme�t;
however, the petitioner's concern is that in order to accomplish
either of these two linkages, additional trees (other than those
proposed to be removed for the road construction and construction
of the dwellings) would be impacted as a result of the Engineering
Department's request.
Ms. McPherson stated that, as designed, the water main would
function adequately as proposed by the petitioner.
Ms. McPherson stated the two lots proposed to be located adjacent
to Matterhorn Drive can be serviced directly from the sanitary
sewer and water mains which are located in Matterhorn Drive.
However, individual services will need to be installed for both
the dwellings proposed to front on Matterhorn Drive.
Ms. McPherson stated the Metropolitan Waste Control Commission will
require the payment of Sewer Availability Charges (SAC) for each
of the nine single family lots. Those are to be paid at the time
the building permit is issued. The current fee is $800.00 per
owner-occupied unit.
Ms. McPherson stated that in conjunction with the utility plan and
the sedimentation basin plan, the petitioner has submitted a
preliminary grading and drainage plan for the entire plat for
construction of the road.
Ms. McPherson stated staff is requiring that individual grading
and drainage plans be submitted for each of the single family lots.
Staff will review the grading and drainage plans for compliance
with Chapter 208 which is the Erosion Control ordinance recently
adopted by the City in 1993.
Ms. McPherson stated that, in addition, the grading and drainage
plans are to protect the two wetlands located on the property.
The petitioner has delineated the wetlands in accordance with the
1991 Wetland Conservation Act, as well as the City's recently
adopted O-4 Wetland Overlay ordinance.
Ms. McPherson stated the petitioner is not proposing to fill or
drain the wetlands as a result of the proposed subdivision. The
City's consultant reviewed the delineation and determined, via a
10C
PLANNING COMMISSION MEETING, JUNE 29. 1994 PAGE 5
site visit in June, that the delineation as proposed by the
petitioner was accurate and somewhat on the conservative side.
Ms. McPherson stated that during the site visit, it was d�termined� �
that there has been some improper:fill of the wetland to the east.
There are some barrels, sand, construction debris, and a variety
of other materials that have been dumped along the northern edge
of the larger wetland. This improper fill should be removed and
the wetland restored to its originai character.
Ms. McPherson again stated that the petitioner is not proposing to
drain or fill the wetlands. The lots impacted specifically by the
two wetlands are Lots 5, 6, and 7 of Block l. Staff is
recommending that restrictive covenants be filed against these
three lots preventing any filling of the wetland, including brush,
grass, trash,. etc. The restr'ictive covenant:should��also state that
"accessory structures and footings for decks, additions,. gazebos,
etc., shall not�be located in the wetlands as delineated on the
plat."
Ms. McPherson stated that regarciing the individual grading and
drainage plans, staff is stipulating that no grading is to occur
below the elevation of 948 feet on Lots 5 and 6, Block l, and that
no grading is to occur below the elevation of 953 feet on Lo� 7,
Block l. Staff is also recommending the stipulation that the
dwellings located on Lots 5,� 6, and 7 be located as close to the
lot line opposite the wetland as possible.
Ms. McPherson stated that, as stated earlier, a number of trees
will need to be removed as a result of construction of the road.
The petitioner is proposing to limit the amount of construction
initially for the road to the right-of-way line. The right-of-way
line is 50 feet wide for the linear portion of the road and 100
feet in diameter for the cul-de-sac. The subdivision ordinance
requires that a developer plant two trees per lot for each
residential subdivision. Staff has recommended a stipulation that
the lots are not to be ciear-cut; and that, as part of the grading
and drainage plan, an individual tree inventory for each lot shall
be submitted clearly indicating the number of trees which would be
removed as a result of the construction of the individual
dwellings. Staff is recommending that the grading plan indicate
all trees four inches are greater in caliper.
Ms. McPherson stated there is neighborhood concern regarding the
possible environmental impact by the proposed development. The
neighbors did petitioner the Environmental Quality Board for
completion of an Environmental Assessment Wbrksheet (EAW). City
staf�, as well as the citizen petitioner, has been notified by the
Environmental Quality Board that this project would be exempt from
having an EAW completed.
Ms. McPherson stated staff is recommending that the Planning
Commission recommend approval of the plat request with the
following 22 stipulations:
10D
PLANNING COMMISSION MEETING, JUNE 29, 1994 PAGE 6
1. A restrictive covenant shall be recorded against Lot 1
.�... �. �and 2, B1�ock 2�reventing the. r�mov�T of vegetation
. except for de�ad/diseased trees. .
2. Outlot A shall be named as a"lot" in the plat.
3. The dwelling ori Lot l, Block l, shall face Royal Oak
Cottrt .
4. The trees along the side lot line of Lot 1, Block l,
within the 17.5 �oot.setback shall be preserved.
5. Verifying surveys shall be submitted prior to the capping
of the foundation.
6. The petitioner shall pay a park dedication fee of
$1500. 00 per .lot (9 x$1, 500 =$13, 500) at the time of
building permit issuance.
7. The stormwater pond shall be sized to meet the detention
requirements of the City.
8. The Archdiocese shall execute and record a stormwater
pond maintenance agreement providing for ongoing
maintenance of the pond.
9. A drainage easement shall be dedicated over the
stormwater pond.
10. The petitioner shall connect the water main with either
the 10-14" or 6" mains located on the property.
11. The petitioner shall dedicate a 25 foot easement over
the water connection line. If the 6" main is used, a 25
foot easement shall also be dedicated.
12. The petitioner shall install water and sewer services to
the lots on Matterhorn and shall pay the appropriate
connection fees.
13. SAC fees shall be paid at the time of building permit
issuance.
14. The petitioner shall comply with the comments listed in
Scott Erickson's memo dated June 24, 1994.
15. Individual grading and erosion control plans shall be
submitted for each lot prior to the issuance of a
building permit.
16. The improper fill in the wetland shall be removed and
the wetland restored.
10E
PLANNING COMMISSION MEETING, JIINE 29, 1994 PAGE 7
17. Restrictive covenants shall be recorded against Lots 5,
6, and 7, Block 1 preventing any filling of wetlands
including�brush, grass clippings, trash, etc. Accessary
structures and. footings for dec�s, additions, gazebos,
etc. shall not be located in the wetlands as delineated
on the plat.
18. No grading shall occur below the elevation of 948 on Lots
5 and 6, Block l. No gr�ding shall occur below the
elevation of 953 on Lot 7, Block 1.
19.
20.
The dwellings on
located a maximum
the wetland.
Two street trees
petitioner.
Lots 5, 6, and 7, Block 1 shall be
of 10 feet from the lot line opposite
per lot shall be planted by the
21. The grading plans for each lot shall indicate all trees
4" or greater in caliper located on the lot and shall.
indicate which trees are to be removed to allow
construction of the dwelling.
22. The lots shall not be clear-cut.
Mr. Saba stated that with several developments, the City has made
stipulations that as many trees be preserved as possible. In many
cases, there is a lack of communication between the developers and
the construction companies and the trees are clear-cut. Can the
City include a performance bond as a guarantee against this
happening with this development?
Ms. McPherson stated the Commission could add a stipulation
requiring a performance bond for the preservation of trees.
Mr. Saba stated stipulation #20 requires two trees per lot to be
planted by the petitioner. What size are these trees?
Ms. McPherson stated the minimum caliper required by the
landscaping ordinance is 2 1/2 inches, so that would be the
smallest size tree permitted to be planted. No size of trees is
listed in the subdivision ordinance. The Commission could
stipulate the minimum size tree required.
Mr. Oquist stated that stipulation #10 requires the petitioner to
connect the water main with either the 10-14" or 6" mains located
on the property. If that requirement is only for Block 1, then
that should be spelled out in the stipulation.
Mr. Saba asked if City staff will have a chance to review the
restrictive covenants (stipulation #17) before recording to make
sure they are tight enough.
�QF
PLANNING COMMISSION MEETING, JUNE 29, 1994 PAGE 8
Ms. McPherson stated it is staff's intent to review the restrictive
�ovenants prior to their recarding against .the proposed lots. The
Commiss.ion �ould amend the stipulation to reflect_that intent.
Mr. Kondrick stated that if the water main is l�ooped as proposed
by the petitioner, there is a concern by staff that there could be
water quality problems. In the memo dated June 16, 1994, from John
Flora and Scott Erickson, they are recommending an alternative
loop. He was wondering why the difference in opinion.
Ms. McPherson stated there is a difference of opinion in how a
water main loop is looked at. The Engineexing Department has
stated that the solution proposed by the petitioner will function;
however, there is a better alternative and that is connecting the
water main to another pipe somewhere else on the property. The
drawback to that alternative is that a number of:trees would have
to be sacrificed to meet the Engineering Department's objective.
The Commission will have to consider these two options.
Mr. Newman stated that regarding paragraph 3 of the same memo, Mr
Flora and Mr. Erickson are recommending installing vaives on the
water main at both ends. If there are valves at both ends, if
there is a break within Royal Oak Court, both valves will be closed
down anyway. If they deadend it, there is a shut-off valve on
Arthur Street. Under either approach, if there is a break in Royal
Oak Court, the entire street will be without water. The real
benefit of looping the water main is that there will not be rusty
water, bad odor, or bad taste. The question is whether the City
wants to lose some trees so the Public Works Department does not
receive complaints and risk lawsuits from homeowners because of
rusty water and damaged clothes.
Ms. McPherson stated that is correct.
Mr. Newman stated that regarding the Environmental Assessment
Worksheet request from the Friends of Innsbruck, that request would
more appropriately be addressed to the City of Fridley. He
believed the Planning Commission could recommend that the City
Council order an EAW.
Ms. McPherson stated, yes, the Commission could make that
recommendation.
Mr. Mike Black, Royal Oaks Realty, introduced Keith Ebensteiner of
Biltmore Construction; Chuck Plowe, Civil Engineer from Plowe
Engineering; Lou Mitteco from Totino-Grace High School; and Bill
Fallon from the St. Paul Archdiocese.
Mr. Black commended City staff on its thorough review and the staff
report. Staff has been very helpful in giving direction and
coordination of this development proposal. The property is zoned
R-1, Single Family Dwelling district, and it is their intention to
develop the property within the R-1 zoning regulations and all the
City's land use regulations. The proposal is for nine single
10G
PLANNING COMMISSI�N MEETING, JIINE 29, 1994 PAGE 9
family lots. which w.ill take up' approximately�3.8 acres of the
Totino-Grace High School property. Two lots have direct access.
�onto Matterhorn Drive, .and�seven Iot� will-_have�access off Royal_ :
Oak�Court in.the�southeast corner o£ the property. .., � �
Mr. Black stated the R-1 zoning district requires a minimum lbt
size of 9,000 square feet and a lot width of 7.5 feet. . Their
average lot size is 16,100 square feet and average lot width is 98
feet.
Mr. Black stated they agree with the entire staff report and the
spirit and intent of the Planning staff and Er�gineering staff;
however, he would like to comment on�some stipulations .more to
point out their position than to point out any disagreements.
Mr. Black stated he has no comment on stipulations 1- 5.
Mr. Black stated that regarding stipulation 6, they feel the park
dedication fee is quite high, twice as high as any other city, and
they will pass this comment onto the City Council.
Mr. Black stated that regarding stipulation 7 that the stormwater
pond shall be sized to meet the detention requirements of the City,
they have met again with the Engineering staff and they have
addressed these issues of stormwater treatment and detention of the
100 year flood plain. Their engineer faxed a letter to the City
staff updating City staff on that issue. They are in full
agreement with the fact that they have to do pretreatment and have
to retain the rate of run-off and hold the water in their existing
ponding from the 100 year flood. It is just a matter of
calculations, etc.
Mr. Black stated that regarding stipulation 8, prior to going to
City Council, they are going to request a sample copy of the
stormwater pond maintenance agreement mainly for the Archdiocese
of St. Paul since they will be responsible. for the ongoing
maintenance of the detention pond.
Mr. Black stated he has no comment on stipulation 9.
Mr. Black stated that regarding stipulation 10, that is back to
the question of the looping of the water main. This would be only
a 350 feet long cul-de-sac, and there are many cul-de-sacs all over
the Twin Cities where water systems are deadended and not looped.
They are not arguing the City's recommendation for connecting the
water main to other water mains on the subject property but they
want to study the alternatives. With one alternative, tY�ere is
some concern with the proximity to a dwelling during construction,
as well as the removal of quite a few trees. They are staking that
alignment and will show it to City staff. With the second
alternative, they would be disturbing the ballfields and the water
main would have to come down through the center of lots. At their
last meeting with the Engineering staff, they were willing to
continue to look at other alternatives to the looping system.
10H
PLANNING COMMISSION MEETING, JUNE 29, 1994 PAGE 10
Mr. Black stated he has no comments on stipulations 11 - 13.
Mr. Black stated stipulation 14 refers to the memo dated June 16,
1994, from John Flora and Scott Erickson which was written prior
to their last meeting with the Engineering staff and predates the
new information which was discussed at the recent staff ineeting.
Incorporating this memo into the Planning Commission's motion
incorpor�tes._ some of the issues that .have been looked at and
restudied. � �
Mr. Black stated he has no comment on stipulation 15.
Mr. Black stated that stipulation 16 addresses the improper fill
in the wetland which shall be removed and the wetland restored.
He stated they will need to meet with the school to discuss the
dumping that has occurred and what is needed to clean it up.
Mr. Black stated he:has no comments on stipulations 17 - 18.
Mr. Black stated that stipulation 19 states that the dwellings on -.
Lots 5, 6, and 7, Block l, shall be located a maximum of 10 feet
from the lot line opposite the wetland. They do not disagree �nrith
the staff's concern for structure setback from the wetland both
from a vertical and from a horizontal point of view. Their concern
is with the fact that the hous.e automatically has to be at the 10
foot setback line. Each house will be custom designed for each
lot, and Lots 5, 6, and 7 are the lots that allow for the natural
topography to have a walkout. The walkout would typically be on
the downside slope and would have to be architecturally designed
for each lot. They don't want to have to build the house up on top
of the hill next to the common property line when the main reason
for the setback is for no encroachment into the wetland itself and
the assurance of a vertical separation of the 100 year floodplain.
They believe all those requirements can be met and may not require
the absolute minimum setback because of the topography. They ask
that the setbacks be looked at for each individual lot at the time
of the building permit and that the developer have an opportunity
to explain the site plans to the Building Inspector, Engineering
staff, and Planning staff at that time.
Mr. Black stated that regarding stipulation 20, they will meet the
requirement of two street trees per lot. They have staked the
center line of Royal Oak Court, and the trees are very dense in
there. Their construction method is to protect as many trees on
site as possible. He would suggest to the Commission that the two
trees per lot are not going to make a difference, but they will
abide by the City's ordinance.
Mr. Black stated stipulation 21 states that the grading plans for
each lot shall indicate all trees four inches or greater in caliper
and which trees are to be removed. They completely agree with the
spirit and intent of trying to save as many trees as possibie;
however, it is the method and how they go about it. They are going
101
PLANNING COMMISSION MEETING, JUNE 29, 1994 PAGE 11
to` minimize and customize their construction of street and
utilities on site so they limit the amount of trees to be removed
�_ initi.ally. Afterwards, as individual homes are const�ucted;
. additional trees will.be.removed for the house_pad, driveway, and
yard staff. . ' . .
Mr. Black stated many cities have ordinances on tree protection.
It is his understanding that Fridley does not have such an
ordinance,. but they are willing to work with City staff during the
construction.of houses on each individual lot. Four inch caliper
is not a typical size to look at for tree protection, and it varies
from conifer to deciduous tree. A conifer is protected based upon
the height. A deciduous is based on caliper inches anywhere from
8-12.ir�ches, whether hardwood or softwood. There are a variety of
opinions as to what is a significant size tree to protect. These
].ots are.loaded with trees; and if they are required to inventory
every tree four inches or more on these lots, it would be a fiasco
for any surveyor to take on that challenge. What might make more
sense is to prepare a site plan that would show the grading, the
house construction, and the driveway pad; and then within the area
to be disturbed, they could show how many trees would be affected.
Mr. Black stated that regarding stipulation 22 that the lots shall
not be clear-cut, again, they agree that the lots should not be
clear-cut. They recognize the benefit and value of having wooded
lots and are in full agreement with staff's concern.
Mr. Sielaff stated that regarding trees, a suggestion was made for
a performance bond. Would the petitioner agree to that
stipulation?
Mr. Black stated his first reaction is that it would be
unnecessary. His second reaction would be to ask if the City has
an ordinance that requires that of every developer. If that is a
normal practice the City wants to take on, the City should be
consistent and adopt an ordinance and apply it to everyone. They
are certainly willing to work with the City on the intent and
spirit of preserving the trees.
Mr. Newman stated the City ot Fridley is a mature city, and there
are not a lot of plats coming forth or projects where trees are
going to be removed, so the City has not spent a lot of time
working on tree preservation ordinances. While he appreciated Mr.
Black's desire for fairness, it has been awhile since the City has
dealt with a developmen� involving trees.
Mr. Black stated they would be happy to continue their discussions
with City staff regarding the preservation of trees. They do not
feel this will be a problem.
Mr. Saba stated he would still like to see some type of performance
bond for tree preservation with some type of agreement to ensure
that the construction people comply with a plan to preserve the
trees. Maybe the City does need a tree ordinance; but since they
10J
PLANNING COMMISSION MEETING, JUNE 29, 1994 r PAGE 12
do not have one, he would like the performance bond included in the
st'ipulations. � � . �.
• Mr:. Black statec� the•y. can. addre�ss �hat with Cit� �staff. � They. •ar�
proposing'a land development.� Th�y.are proposing to construct�an
urban street and seven single family homes on this cul-de=sac. That
indeed will change the character of'that real_estate as �it is
today:. They will build.a.qu.ality neighborhood �hat the owners,
rieigl�bors, and City can be proud , of .� fihey estiniate ` the `homes �bn
the cul-de-sac to sell for a mini�num � of $200, 000 and m�y exceed
$300,000. The two lots off Matterhorn will be a little less.
Mr. Saba stated this area used to be called "Peck's Woods", and it.
is very near and dear to.a lot of people in.the City. �.
Mr. Newman stated that, in the City of P�lymouth�, when someone wants•
to build a home in the City of Plymouth, the tree inspector must
come out to the site to review the site plan anc� mark the trees�to
be saved. If, during the process of construction, any of those
trees are damaged or destroyed, before the certificate of occupancy
is issued, the owner must pay the City a penalty of $100 per each
inch in diameter of the damaged tree. With that alternative, there
is no cost for the performance bond and no cost for �the tree
inventory.
Mr. Kondrick stated Mr. Black's suggestion was to show the City
their construction plan, where trees are going to be removed, and
identify those trees. Any trees not identified on the plan would
be subject to a penalty. Would that be reasonable to the
petitioner?
Mr. BZack stated that sounds very reasonable.
Mr. John Haluska, 5660 Arthur Street, stated he is speaking on
behalf of himself, his family, and the Friends of Innsbruck Park,
an organization of about 30 people who have a deep and abiding
interest in the future of Innsbruck Park.
Mr. Haluska stated he would also like to commend City staff who
also has been very helpful to the loyal opposition of this project,
aZthough he does get a sense that the staff has a feeling that it
is a"done deal". He is also concerned about the tone and comments
and questions from the Planning Commission members, because he also
gets the feeling that they think it is a"done deal". He stated
those who are opposed certainly hope it is not a"done deal". He
would like to reinforce the fact that although an EAW is not
required by state regulations or statute, it is certainly an option
for the City to request an EAW of the developer of this project at
no cost to the City. At a minimum, they believe an EAW should be
required because of the ecological sensitivity in the area.
Mr. Haluska stated the Planning Commission members had received a
copy of their petition for an EAW.
10K
PLANNING COMMISSION MEETING, JUNE 29, 1994 PAGE 13.
Mr. Haiuska stated the site that Totino-Grace High School wants to
sell to Biltmore Construction for a housing development is the
southern portion of its property immediately across i�om Innsbruck
Park. That fact has� not. entered into �:any. of _the discussions _yet,
and.that is critical to the-issue that:is before the City.at this
point: The development will �o doubt involve the destruction of
a major portion of the trees and ponds, and the fragile ecology
that depends on them and, in turn, endanger the ecology of
Innsbruck. They are asking the Planning Commission to recommend
denial of the permit request.
Mr. Haluska stated that as friends of the Park and neighbors of
this particular site, they are concerned about the Parks ecological
future; and their concern is based on both the present and past
ecological history. This is the last remnant of "Peck's Woods",
and it is really important to the heritage of Fridley.:
Mr. Haluska stated that the property being sold, along with
Innsbruck Park, is the last re�nant of an upland oak savanna that
covered this area at the time of European settlement. The terrain
is really a special feature. The ponds are the result of ice
chunks that were buried and melted, so it is ecologically
significant to Fridley and is part of Fridley's geological
heritage.
Mr. Haluska stated he has identified five ponds, although the
delineation process has indicated only two ponds, two year-around
wetlands. When he first looked at the aerial photograph produced
by staff, it appeared the photo was taken in late spring in the
late afternoon, because the light is coming from the southwest.
There is not a lot of foliage on the trees so they do not get a
full appreciation of the vegetation on the site: There are a
couple of seasonal ponds that lie at about the 938 foot level.
They are hard to see with the relief on the maps, and these ponds
show up as reflections on the aerial photograph. These have not
been enumerated by the wetland delineation process which is pretty
superficial. It does not give any idea of the scope of the
vegetation. It just says "oak, willow" and that is about it.
There are, in fact, some pretty unique communities of ferns, a lot
of woodland plants unique to the Fridley area and are worthy of
preservation.
Mr. Haluska stated the two related parcels, Innsbruck Park and the
Totino-Grace site, form an inextricably interlocked habitat that
sports a diverse ecology of plant and wildlife species. They are
two halves of a whole system. To destroy one imperils the other.
Despite the statements by the proponents for the development, the
ecology and the topography of this area and the vegetation habitat
and the habitat for the animal life are going to be destroyed
during the construction process. He did not want to be part of a
process, either by his silence or by his acquiescence, that allows
this to go forth while he is a resident of Fridley and,
particularly, a resident of this area.
10L
PLANNING COMMISSION MEETING, JUNE 29, 1994 PAGE 14
Mr. Haluska stated he grew up in this area and hunted here as a
kid: At pne time, these woods ran all the way from approximately
Lowry Avenue in. Minneapo�is. up to about_ 66th Street in Fridley.
This property and znnsbruck Park are. tY�e last two.undisturbed
portions of the upland oak savanna. It is�just unconscionable to
think that it is worthwhile for the City to tear up this area just
to get a few houses on the tax roles. These woods are a special
part of the Fridley iandscape and their threatened destruction is
something that should not even be contemplated.
Mr. Haluska state they are concerned that in the City's efForts to
be e�editious in assisting the developers, Innsbruck Park's
fragile ecosystem will be destroyed. If the Commission will not
recommend to deny the development request so that full
consideration of all aspects of the Totino-Grace/Biltmore
development can be given and all consequences can be appreciated
and weighed, they ask that the City insist that an EAW be required
concerning this project. The Friends of Innsbruck Park have
petitioned the Environmental Quality Board to that end and hope the
Planning Commission will support their call for the basic
information only an EAW can provide.
Mr. Haluska stated the State recently completed a biological survey
of this area in Fridley. That is in manuscript form and is
available from the State. He has not heard any mention of that and
that should be considered. Ecologists and biologists who have been
working on this survey are available for consultation, and the City
should talk to these people.
Mr. Haluska stated that if the Commission feels that this matter
deserves further consideration before denial, they ask that because
of its importance and impact on the environment and Innsbruck Park,
the City call for separate hearings before the Environmental
Quality & Energy Commission and the Parks and Recreation
Commission, in addition to the Planning Commission, prior to
sending this request on to the City Council. Every effort should
be made to develop as much information as possible before making
a fully reasoned and considered decision.
Mr. Haluska stated they feel that the City has an interest and
responsibility that overrides private interests to assure that the
ecology of Innsbruck Park is protected. They feel that the clear
threat to the park and to the ecological heritage of Fridley that
the contemplated development presents requires that all plans for
the Totino-Grace woods be subject to the closest scrutiny and be
weighed against all alternatives, especially acquisition of the
property in question for addition to Innsbruck Park.
Mr. Haluska stated they feel the acquisition of this parcel by the
City will not only serve to protect the interrelated and co-
dependent ecology of these two fragile sites, but will also be a
valuable addition to one of the few remaining parcels of land in
the City that logically belongs within the park and trail system.
They urge the City to give full consideration to acquiring the
10M
PLANNING COMMISSION MEETING, JUNE 29, 1994 PAGE 15
property for its park system. They have already made arrangements
with outside sources for funding to secure this.parcel for addition
to.Innsbruck Park and want to work::with City offic'ials and the
Archdiocese�in that regard. . , �
Mr. Haluska stated they are asking the Commission to recommend
denial of the.permit to develop. If�the Commission feels they
.cannot do that, at a minimum, the Commission should insist that
the proposers. of the .project complete an EAW befo�e any further
consideration is given to the development plan.
Mr. Oquist asked Mr. Haluska to explain what he meant about the
fact that funding is available.
Mr. Haluska stated they have identified a couple of funding
sources...'TYiey have stronq support �rom the Trust for. Public Land
that is .very interested in doing something in this area and
particularly interested in this parcel. Trust for Public.Land
representatives have asked that a meeting be arranged with the City
to discuss the acquisition. He stated he first wanted to see w�at
the Planning Commission does before proceeding.
Mr. Haluska stated that regarding funding, it is his understanding
from a couple of telephone conversations that Totino-Grace High
School is looking at a cost of around $200,000 for the property.
He stated funds are available that exceed that amount, so it is not
a question of money. It is a question of what the City wants to
do with what is remaining of its natural heritage.
Mr. Haluska stated the statement was made by the developer that it
would be foolish to save every tree on the property. To the
Friends of Innsbruck Park, it would be absolutely foolish not to
try to save every tree on that property. All the trees are
valuable because of the density, location, and proximity to
Innsbruck Park.
Mr. Newman stated Mr. Haluska talked about the potential damage to
Innsbruck Park by this development. Could Mr. Haluska elaborate
on that?
Mr. Haluska stated these are two relatively small sites. Because
of their small size and because they are last remnants, that makes
them significant. The reason they are looking at potential damage
to Innsbruck Park that in no way can mitigated is because the two
sites need each other to support present animal populations.
Together, they are able to support a population of owls, deer, fox,
and numerous small animals. Plus, together they provide a
tremendous number of nesting sites for songbirds and migratory
birds. This is extremely important. There are very few sites like
this in the City of Fridley. The closest that comes in density to
a site like this, other than the Rice Creek area, is down along the
Mississippi River.
10N
PLANNING COMMISSION MEETING, JIINE 29, 1994 PAGE 16
Mr. Sielaff asked the process the City would go through to request
an EAW. .
Ms. McPherson. stated the City �Council �can, at its discretion, based.
on testimony. and �a• pos�sible" Planning � Commissiori�. recommendation,
request that an EAW be done. However, there is a caveat in the
requirements for doing an EAW. The project proposer is permitted
to submit data supporting the.EAW, but it is the responsibility of
the City to`make sure that the EAW is accurate and complete.
Therefore, it would require some work on the part of the City
either through staff or a hired consultant. The City can use
information submitted by the.project.progosal, but the City could
not accept an EAW submitted by the project proposer based on the
current rules of the Environmental Qua�ity Board.
Mr. Haluska stated the City -would,. irideed,.have to verify the
information provided by the proposer, but the City could certainly
charge the proposer for the cost of that information. That is
normally done in an EAW process.
Mr. Kondrick stated he is very concerned about Innsbruck Park also,
but he did not think development on the Totino-Grace property would
disturb the park that greatly.
Mr. Haluska stated the only way they will find that out is by
having an EAW done.
Mr. Kondrick stated that if an EAW shows that the development will
negatively impact Innsbruck Park, it will be interesting to see
how the City of Fridley or other sources would be able to come up
with $200,000 to purchase this property to let it sit there.
Mr. Haluska stated it is interesting that the Chairperson of the
Parks and Recreation Commission would make a comment about the City
of Fridley or another source coming up with the money to buy the
property to just let it sit there. That is a little discouraging
if that is the attitude toward parks, because parks are extremely
important to the City.
Mr. Kondrick stated that is true, but the City has many parks now
that have to be maintained. What the Friends of Innsbruck Park are
asking the City to commit to is not only acquisition but also
maintenance of the property.
Mr. Gordon Backlund, 5805 Arthur Street, stated he has lived at
this address for 16-17 years. His concern relates to the
development as it relates to utilities. He stated he is on the
east side of Arthur Street, and the utility easement for NSP,
Minnegasco, the telephone company, and the cable company run down
Arthur Street in front of his property. The edge of his driveway
is basically on the outlet of the cul-de-sac of Royal Oak Court.
He stated he has a concrete driveway, and his concern is where the
utilities will be stubbed in. If they are stubbed in on the east
side of Arthur, it will mean breaking up his driveway. He asked
� �Q
PLAx�ING COMMISSION MEETING, JUNE 29, 1994 PAGE 17
if the City could request that when the utilities are brought into
the development that some consideration be given to the property
owners on the east side oi.Arthur Street.
Ms. McPherson stated that �perhaps the� petitibner cou•ld. addre.ss 1�Ir.
Backlund's concerns. �
Mr. Black stated he did not see any problem. Upon approval of the
preliminary plat, they would send the plat to the utilities and
have them begin working on design for extension of the utilities
into the subdivision. He stated that when they know of a concern
by an.adjacent prope�ty owner, they are willing to work with the
property owner to alleviate any problems. He stated that under no
circumstances are they allowed to destroy anybody's property and
if they do, they would return the property to its original
condition. He.stated they will certainly work with Mr..Backlund,
and this should not be a problem.
Mr. Backlund stated that he has observed the migration of animal
life between the subject property and Innsbruck Park.
Mr. Terry Reyes, 1479 North Innsbruck Park, stated he has lived at
this address since November 1990 and.has lived in Fridley since
1976. He stated he is at the meeting to speak on behalf of the
Friends of Innsbruck Park and support all the comments made by John
Haluska.
Mr. Reyes stated that one of the reasons he and his family chose
to continue residency in Fridley was to have the opportunity to
live in this wooded area, because of the heritage of Peck's Woods
and because of the unique environmental urban forest. It is an
excellent haven from the rest of the urban life.
Mr. Reyes stated that since he has lived in Fridley, he has had
the unfortunate opportunity to observe many of Fridley's wooded
areas being turned over to commercial development; and as these
areas have been developed, what has been proposed and promised in
advance by the developer as to the preservation of trees and
woodlands unfortunately has not been honored. In particular, with
current developments around Springbrook Nature Center like Wal-Mart
and Slumberland, it was his understanding that these developers had
reached agreements with the City that they would not be cutting
down some oak trees, yet sad to say, he has seen that entire area
be decimated.
Mr. Reyes stated it is very significant that as they have lost
these.beautiful areas, they are becoming more detached from their
heritage. He, as well as his neighbors, has enjoyed seeing this
land and the variety of natural life that is present here. In
conversations with his neighbors and the resulting signatures on
a number of petitions he circulated, one of the great comments was:
"How can this be happening?" This land is beautiful, and it is the
major reason why people want to live in this area. As they have
seen, the desire to develop land and turn it into residential
10P
PLANNING COMMISSION MEETING, JUNE 29, 1994 PAGE 18
property has significantly reduced much of the reasons why they are
living in this area. When they lose tho�e reasons to live here,
he believed they then find it difficult to see all the other
wonderful features of their neighborhoods.
Mr. Reyes stated his neighbors are concerned about this develop-
ment, and he has received some excellent support from them to have
this area maintained as a park, to be possibly purchased by the
City of Fridley as a park and to certainly draw upon some of the
other public monies that are available such as the Trust for Public
Land. He sees where the subject property and Innsbruck Park are
inextricably linked. The animal life moves readily between the two
sites. He has been amazed by the animal diversity that is present
there.
Mr. Reyes stated it is also his concern that these wetland areas
harbor migratory waterfowl which may have some protection under
Federal law. If they start to alter that environment enough, he
is concerned that they might be altering some other patterns within
this ecological system that cannot be regained.
Mr. Reyes stated he would like to recommend to the Planning
Commission that the preferred course of action would be to
recommend that the City Council deny the development permit
outright. The Friends of Innsbruck Park would then make
presentations to the Council in support of the denial.
Mr. Reyes stated the second choice for the Planning Commission is
to ask that the proposers of the development be required, at their
expense, to complete an EAW on this project. It is his
understanding that there is no requirement for the City to pay for
this EAW.
Mr. Reyes stated another choice would be for the Planning
Commission to delay any action, considering that the Friends for
Innsbruck Park have petitioned for an EAW that has not yet been
formally presented to the State Environmental Quality Board. Once
an EAW is completed, it should be reviewed by the City's
Environmental Quality & Energy Commission and separately by the
City's Parks & Recreation Commission, and these recommendations
should then be considered by the Planning Commission prior to the
Planning Commission taking action.
Mr. Reyes stated that if the Planning Commission does not ask for
an EAW, the matter should still be referred to the other
commissions for consideration first. If the Planning Commission
insists on passing this matter on to the City Council with a
recommendation for approval, the Friends of Innsbruck Park will
have to make presentations to the City Council.
Mr. Reyes stated the neighborhood thinks this is a very important
area, not only for the people who live in this area, but to the
City as a whole. These woodlands are not like anything else around
here. There is no way this property can be developed and still
10Q
PLANNING COMMISSION MEETING, JUNE 29, 1994 PAGE 19
retain the uniqueness of the land. He is concerned that the trees
will be destroyed, not only the current young trees, but the 200
yeaX old oaks that�are in abundance. He is concerned that the
unique flora and fauna will also be destroyed. These woodland
plants are very fragile and cannot sustain this type of ecological
disruption. He would ask that this EAW be done before the City
moves to allow such a development and this unique area is gone
forever.
Mr. Reyes stated that he is certainly not opposed to the sale of
this land. He just would like to see this land kept as it is,
either as a City park or that the land be purchased by an
organization such as the Trust for Public Land, where money is
available, so this land could continue as part of a park that
already exists.
Mr. John O'Brien, 1453 North Danube Road, stated his question is
regarding Lots 5, 6, and 7 where the homes will be built a maximum
of 10 feet from the lot line opposite the wetlands. Without
knowing the size of the home or the configuration of the home, does
this setback really accomplish anything, because it gives no
indication as to how close to the wetlands the home will be built?
If that is the case, it would indicate that there is a shallowness
in the presentation and perhaps more study is necessary.
Mr. Newman asked staff if the City has any ordinance that addresses
the setback from a wetland.
Ms. McPherson stated the City does not have a minimum setback
requirement from a wetland. Without setting a specific distance
limit, the staff report has stated that grading cannot occur below
a particular elevation on the property, and that was to take into
account protection of the wetland. So, on the one side, they are
pushing the house as far away from the wetland as possibTe, and on
the other side, staff is saying the developer cannot grade below
a certain elevation.
Mr. Oquist stated he is not so sure that restricts where the house
is in relation to the wetland. That requirement just says the
house cannot be built below a certain elevation.
Mr. Newman stated that on Lot 6 which has a fairly steep slope,
the house will be closer to the wetland than the house on Lot 7
which seems to have a fa�rly flat slope.
Mr. Kondrick stated Mr. O'Brien raised a very important point.
Mr. Haluska requested copies of the stipulations from staff.
Ms. McPherson stated that she would forward a copy of the entire
staff report to Mr. Haluska.
Mr. Tony Kahlhamer, 5837 Arthur Street, stated it is interesting
that a neighbor is requesting that this land be kept as a park,
10R
PLANNING COMMISSION MEETING JUNE 29 1994 PAGE 20
while there is member of the Planning Commission who is also
Chairperson of the Parks & Recreation Commission who is saying the
City cannot afford to have anot�er park. He stated this is a piece
of property that is basically park land. There is nothing on it.
�• T�o hundred thou�and dollars seems like a small amount of money to
invest in a piece of park land, while at the same time, down by
Moore Lake, the City is condemning property and buying land to make
that park bigger. Mr. Kondrick is saying the City has too many
parks already. He just found this a cont"radictory point of
information.
Mr. Milton Bullock, 5674 Arthur Street, stated the back of his home
abuts on these woods. His children have certainly enjoyed the
wildlife. He has the feeling that juggernaut is on the way here
and he wonders what happens to the rights of the people who have
lived in the area for 18 years. There is no notation of how many
of these 200 year oaks would be destroyed. He is sure it is a very
large number.
Mr. Bullock stated that for those who have lived in this area for
15-20 years, this is deja vu. The Black Forest development was
originally a part of the original oak parcel. Many of the
neighbors went before the Planning Commission then in opposition
of the development. Elaborate restrictions were made on the
developer and models were made on exactly how many trees would be
cut down. However, this was totally ignored and the entire area
was bulldozed. He has pictures of huge oak trees burning. So, the
Planning Commission members should be able to see why the neighbors
would like to see this last parcel of ancient oaks preserved. If
there is an alternative for funding available, why not maintain
this parcel of land in its pristine form?
Mr. Bullock stated he is not knowledgeable about the cost of
maintaining parks. But, what degree of maintenance is necessary
for a wooded area with no structures, fences, etc.? He would urge
that every possible consideration be given to try to maintain this
last parcel of land in its pristine form,
Mr. Oquist stated he had a question for the representatives of
Totino-Grace. What is their agenda for selling the property; and,
if this preliminary plat is denied, what impact would that have on
Totino-Grace?
Mr. William Fallon, Chancellor of the Archdiocese, stated that when
this property was originally acquired for the high school, they
were in the process of building a lot of high schools. They had
22 high schoo3s at one time, and now they have 11. If their plans
had gone as originally thought, this property would have been fully
developed by now. But, that did not happen and so they have to
deal with the reality of today. He stated he is sympathetic to the
neighbors and their concern for the delicate ecology. But, the
fact remains that this is privateiy-owned Iand and not public land.
While the Archdiocese is the fee owner of the property, the school
has its own organization, its own board, etc., and the
� �s
PLANNING COMMISSION MEETING, JUNE 29, 1994 PAGE 21
Archdiocese's arrangement with the high school is that the net
proceeds from the sale of this land will be used by the school for.
� ca�pital improvements which are badl� needed by the school. �.
Mr. Fallon state.d�a number of plans have been discussed for�this
land; but since the church is not in the real estate business,
they contacted a real estate company to handle the sale. They are
under a contractual obligation to sell this land to the developer.
He stated a number of people spoke about the desirability of this
land, and he is not competent to comment on the ecological
considerations involved, but he does understand their concerns.
He stated the spea�ers are urging that the City or the Friends of
Innsbruck Park should find some way to acquire this land. His
concern as the representative of the owner is that they do not get
left "holding the bag". If this development proposal is turned
down, the property owner should have some kind of commitment that
the land will be acquired by someone for park purposes so that
everything that has been said by the neighbors has not been said
in vain.
Mr. Fallon stated they do face two other situations, and tYiat is
a recent Supreme Court case, which limited what restrictions could
be put on a site relative to development, and fair compensation if,
in fact, this turns out�to be a kind of reverse condemnation.
MOTION by Mr. Kondrick, seconded by Mr. Saba, to receive as part
of the record the June 14 , 1994 , letter to the City Council and
City Commission Members from John Haluska and Terry Reyes on behalf
of Friends of Innsbruck Park and the June 29, 1994, letter to the
Planning Commission from John Haluska on behalf of Friends of
Innsbruck Park.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE
MOTION CARRIED UNANIMOOSLY.
MOTION by Mr. Oquist, seconded by Mr. Sielaff, to receive as part
of the record the letter dated June 28, 1994, to John Haluska from
the Environmental Quality Board.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE
MOTION CARRIED UNANIMOUSLY.
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 8:45 P.M.
Mr. Oquist stated that although this development proposal seems to
be a very nice proposal for this plat, he would have to vote to
recommend denial. He might be willing to recommend that an EAW be
done. He has lived in this area for 30 years and he has watched
Peck's Woods disappear, and he has watched it disappear when it
should not have disappeared by some of the stipulations that were
10T
PLANNING COMMISSION MEETING, JIINE 29, 1994 PAGE 22
supposed to preserve the trees at the time. He agreed that this
is one last patch of woods in the community that they have an
� o.pportunity to . pzeserve. . He agreed with� Mr. Fa���on� th3t the.y.
. cannot let the: .concept drop. The Gity needs � to lao.k� � at so�ne•
�alternatives for the land including�the poss�bility of �acquiring
the land. But, he is�opposed to the development of homes on the
property. It.is also time they start saving some trees.
Mr: Sielaff agreed. What the`neighbors are saying strikes a cord
with him. If this is an outstanding resource, then the City�should
find that out through the EAW. He would be inclined to vote
against the .plat request..� - ..
Mr. Saba stated iie agreed that a lot of things happen when a piece
of land is destroyed like this. Change is never desired by anyone.
He stated� tY�is particular area �: is .uniquer � and it daes: hav�e a
precious value to many people in this City. He, too, has seen this
area slowly.destroyed over the. years. Iie would like to see it
preserved. He would like to see an EAW, and he would strongly
encourage that the Planning Commission make that recommendation to
the City Council. They need to find out exactly what they have and
exactly what they would be losing, and that information should be
well documented.
Mr. Saba stated he has also been aware of what has happened at
Springbrook Nature Center with the encroachment of development.
Even though the development is good, the effect of that development
on the environment is a disaster. The proposed development is
excellent, but he would to see an EAW before the Commission makes
any decision on the plat request.
Mr. Kondrick stated he agreed wi
about the ecology of the area <
development on Innsbruck Park.
development, he would like to know
have, if any, on Innsbruck Park.
have any impact on Innsbruck Park
good plan with ponding and carefi
etc., a development that the City
the development will impact thE
Commission members should know th
& Recreation Commission, he would
th Mr. Haluska and his concern
nd the impact of the proposed
Before they approve a housing
what impact the development will
If it is found that it will not
this plan appears to be a very
1 placement of homes, setbacks,
could be proud of. However, if
park across the street, the
�t. As Chairperson of the Parks
_ike to be assured that one won't
affect the other. For that reason, he would also be in favor of
recommending that an EAW be done.
Mr. Newman stated that if the Commission decided to table this
request, how much time does the Commission have before it must take
action on this request?
Ms. McPherson stated that according to Chapter 211 of the
subdivision ordinance, the Planning Commission must take action on
a subdivision application within 120 days following the delivery
of the application completed in compliance with the requirements
of Chapter 211. The application was dated May 27, 1994, so
10U
PLANNING COMMISSION MEETING, JUNE 29, 1994 PAGE 23
approximately 30 days have elapsed. The Commission has
approximately 90 more days before action must be taken. That
review period can be extended if the applicant is agree�ble.
Mr. Newman stated he is in favor of the proposal. As stated by
others, it is a good proposal. It exceeds the City's ordinances.
The property is properly zoned R-1, and the property owner has the
right to develop it. He can understand the neiqhbors' concerns
about what has happened in adjoining areas with development, but
these are different developers and, hopefully, the City has also
learned its lesson as well and will safeguard any bad things from
happening. On one hand, he would like to have the information
contained in an EAW and that it might be useful to the Commission
and the City, but he is concerned that the City has to be careful
how it utilizes that tool. Preparing an EAW is expensive to a
developer, not only from expert fees and cost, but also from time
delays.
Mr. Newman stated the wetlands have been delineated. The City is
doing everything it can to preserve the wetlands; and, as stated
in the staff report, the wetlands will not be filled in or
affected. The Commission has not received any concern from staff
or the Parks Department that this project is going to adversely
affect Innsbruck Park, and he did nat think it is fair for the City
to impose the requirement of preparing an EAW on the developer
without further information. Even if the EAW comes back saying.the
development could have an impact on Innsbruck Park, the City then
runs a risk if it does not acquire the property. Essentially the
City has to either ap.prove the project or acquire the property.
Mr. Newman stated that Mr. Fallon's comments were well taken. If
the Trust for Public Land wants to acquire the property, he did
not see any reason why the residents and City cannot work together
on a plan to acquire the property if they desire to do that, even
while the platting process continues.
Mr. Oquist stated he feels like the Commission is being pressured
again to make a decision. This request has come to the Commission
for action, but the Commission is not being allowed the time to
assess any other alternatives, one alternative being denial of the
plat and the City acquiring the property. This is a nice project,
but he believed the City also has an obligation to nature and to
its environment, and they should take the time to understand the
alternatives.
Mr. Newman stated he sees the following options for the Planning
Commission:
l. To table action on the request.
2. To recommend denial.
�ov
PLANNING COMMI3SION MEETING, JUNE 29, 1994 PAGE 24
3. To recommend the City Council direct the preparation of
an EAW to be sent back to the Planning Commission for
review. � �. . � - � �
4. Tci move forward with or without a recommendation that
final action not be taken until the City has had an
opportunity to pursue the possibility of acquisition of
the property..
Mr. Saba stated that Mr. Haluska has mentioned a couple of
additional wetlands that are not mentioned by staff or the
petitioner.
Ms. McPherson stated�she spoke_with the City's �aetland consultant.
The consultant walked the site independently of City staff and did
not:find evidenc� of any -addi�tional wet�ands other than those.
delineated by the petitioner.
MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to table
consideration of Preliminary Plat request, P.S.-#9.4-05, by Keith
Eibensteiner for Biltmore Construction of New Brighton, Inc., and
to recommend to the City Council that an Environmental Assessment
Worksheet be completed. This preliminary plat request is to come
back to the Planning Commission either at the. completion of the
Environmental Assessmen't Worksheet or the expiration of 120 days,
whichever comes first.
Mr. Oquist stated he would vote to deny the plat request; but, at
a minimum, he would be in favor of an EAW. He is still concerned
about what they will do when the EAW is completed. He is not so
concerned about Innsbruck Park; he is more concerned about the
subject property itself.
Mr. Newman stated that it might be more equitable to table the plat
request for 30 days to give the City staff time to meet with
neighbors to see if there is a possibility of acquiring the
property. If not, then the plat request would come back to the
Commission for action without unnecessarily delaying either Totino-
Grade or the developer.
Mr. Oquist stated he would be more in favor of that option. That
gives the Commission and the City time to explore the other
alternatives.
Mr. Kondrick stated he also liked this option.
Mr. Newman asked Mr. Kondrick if
that the Commission could act on
this item for only 30 days to see
of the City acquiring this land.
he would withdraw his motion so
Mr. Oquist's approach of tabling
if there is a serious possibility
Mr. Kondrick agreed to withdraw his motion.
10W
PLANNING COMMISSION MEETING, JUNE 29, 1994 PAGE 25
Mr. Newman asked Mr. Sielaff if he would agree to withdraw his
second of the motion.
Mr: Sieiaff stated he was uncertain if he wanted to withdraw his.
second.
Being that the maker of the motion had agreed to withdraw his
motion but the seconder had not agreed to withdraw his second, the
Chairperson called for a vote on the motion.
UPON A VOICE VOTE, RONDRICR, SIELAFF, AND SABA VOTING AYE, NEWMAN
AND OQIIIST VOTING NAY, CHAIRPERSON NEWMAN DECLARED THE MOTION
CARRIED BY A VOTE OF 3-2.
Ms. McPherson stated staff will prepare this item for review by
the City Council on July ll, 1994. At that time, the Council will
consider the Commission's recommendation for an EAW.
Chairperson Newman declared a 15 minute recess at 10:15 p.m.
Chairperson Newman reconvened the meeting at 10:30 p.m.
2. CQNSIDERATION OF A LOT SPLIT L.S. #94-01, BY CHARLES
WESTLING: To split Lots 6-16, Block 12, Hamilton's Addition
to Mechanicsville, into two separate lots, generally located
at 5400 - 4th Street N.E. The legal description for the two
lots are as follows:
Tract A: Lots 6, 7, 8, 9, 10, 11, 12, and 13, Block 12,
Hamilton's Addition to Mechanicsville, Anoka, Minnesota,
except that part lying westerly of the east right-of-way line
of State Trunk Highway No. 47 (University Avenue N.E.)
Tract B: Lots 14, 15, and 16, Block 12, Hamilton's Addition
to Mechanicsville, Anoka County, Minnesota, together with that
part of vacated 54th Avenue N.E. and the vacated alley
accruing, except that part lying westerly of the east right-
of-way line of State Trunk Highway No. 47 (University Avenue
N.E.)
Ms. McPherson stated the subject property is located at the
intersection of 54th Avenue and 4th Street. The property abuts
the I-694 right-of-way and the entrance ramp to eastbound I-694.
The property is zoned R-3, General Multiple Dwelling_
Ms. McPherson stated this request is somewhat unusual in the fact
that the subject property is composed of Lots 6 through 16, Block
12, in Hamilton's Addition to Mechanicsville. The proposed lot
split is actually occurring along a previously platted lot line.
However, due to the unique shape of Tract A(triangular in shape),
the buildable area is reduced because there is a 35 foot setback
requirement from both 4th Street and the I-694 right-of-way.
Typically, staff would handle this type of division
administratively; however, the petitioner is interested in the
��X
PLANNING COMMISSION MEETING, JUNE 29, 1994 PAGE 26
construction of a four-plex on Tract A. Due to that construction,
variances are required. The City Attorney advised staff that a
variance request and a�ormal lot split request should.be pursued
by the petitioner. . -
Ms. McPherson stated the petitioner has submitted a site plan for
a single family dwelling unit for Tract A. It can meet the setback
requirements; however, a four-plex would need setback variances
from the I-694 right-of-way for a portion of the dwelling and for
the proposed garages.
Ms. McPherson stated the property has direct access onto 4th
Street. There is an existing curb cut; however, the petitioner's
site plan shows a driveway farther north from the existing curb
cut, so a new curb cut will need to be created and the original
one closed.
Ms. McPherson stated sewer and water services are available to the
site. The Sewer Availability Charge (SAC) will be required at the
time of the building permit issuance. The Metropolitan Waste
Control will verify that amount.
Ms. McPherson stated the petitioner did not submit a grading and
drainage plan. Such a plan will need to be submitted with the
building permit application. The plan should show the topography,
the location of the existing trees, indicating which trees will be
preserved, and spot elevations for the drainage. An erosion
control plan may be required. That decision will be based upon the
submitted grading plan.
Ms. McPherson stated there is a park dedication fee of $750 to be
paid at the issuance of the building permit.
Ms. McPherson stated this particular property was considered by
Anoka County as part of the Light Rail Transit park and ride
faeility. The petitioner has been made aware of that.
Ms. McPherson stated staff recommends that the Planning Commission
recommend approval of the request with five stipulations:
l. Variance request, VAR #94-10, shall be approvede
2. The petitioner shall replace the existing curb cut when
a new curb cut is installed.
3. SAC fees shall be paid at the time of building permit
issuance.
4. The petitioner shall submit a grading and drainage plan
prior to the issuance of a building permit.
5, A park fee ot $750 shall be paid at the issuance of a
building permit.
10Y
PLANNING COMMISSION MEETING, JUNE 29, 1994 PAGE 27
Mr. Charles Westling stated the only question he had was regarding
stipulation #2 regarding the curb cut. He stated he intends to
live in the four-plex if he gets approval to construct i�t. The one
inconvenience he can see from moving out of his existing house with.
an attached garage is not being able to get near the building with
the unattached garages being a little distance from the building.
He was thinking of the possibility of using the existing curb cut
and somehow spiraling a driveway through the front of the property
and still make it look nice.
Ms. McPherson stated the City has no policy that would prohibit
that. She stated staff can work with the petitioner to develop a
plan for the driveway that will look nice.
Mr. Newman stated stipulation.#2 only requires that the petitioner
replace the existing curb cut when a new curb cut is installed.
If he does not install a new curb cut, then he would not have to
replace the existing one.
Mr. Charles Schurstein, 1100 - 43 1/2 Avenue, stated he is the
property owner of the property south of the subject property. The.
only question he has is the status of the vacated 54th Avenue going
to the University Avenue easement. Is that part of their property
now, or do the property owners need to petition to have that,added
to their properties?
Mr. Newman stated that generally when an alley or street is
vacated, it is divided equally between the two adjoining property
owners. However, it does depend on how the property was originally
platted.
Ms. McPherson stated she would research this and get an answer for
Mr. Schurstein.
Mr. Schurstein stated that he has no objection to the lot split as
requested by Mr. Westling.
MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to recommend to.
City Council approval of lot split request, L.S. #94-01, to split
Lots 6-16, Block 12, Hamilton's Addition to Mechanicsville, into
two separate lots, generally located at 5400 - 4th Street N.E. with
the following stipulations:
1.
2.
3.
4.
Variance request, VAR #94-10, shall be approved.
The petitioner shall replace the existing curb cut when
a new curb cut is installed.
SAC fees shall be paid at the time of building permit
issuance.
The petitioner shall submit a grading and drainage plan
prior to the issuance of a building permit.
10Z
PLANNING COMMI3SION MEETING, JUNE 29, 1994 PAGE 28
5. A park fee of $750 shall be paid at the issuance of a
building permit.
The legal des�Yiption for the t�ao lots are as foliows:
Tract A: Lots 6, 7, 8, 9, 10, 11, 12, and 13, Block 12,
Hamilton's Addition to Mechanicsville, Anoka, Minnesota,
except that part lying westerly of the east right-of-way line
of State Trunk Highway No. 47 (University Avenue N.E.)
Tract B: Lots 14, 15, and 16, Block 12, Hamilton's Addition
to Mechanicsville, Anoka County, Minnesota, together with that
part of vacated 54th Avenue N.E. and the vacated alley
accruing, except that part lying westerly of the east right-
of-way line of State Trunk Highway No. 47 (University Avenue
N.E.)
UPON A VOTCE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE
MOTION CARRIED UNANIMOUSLY.
3. CDBG FUNDING RECOMMENDATION FROM THE HUMAN RESOURCES
COMMISSION•
Mr. Oquist stated the Commission had applications for a couple of
new projects that the Commission was quite impressed with--
Northeast Counseling Center and the CHAP Store. Both organizations
service a lot of Fridley people. He would recommend the Commission
concur with the Human Resources Commission's recommendation for
funding.
MOTION by Mr. Kondrick, seconded by Mr. Oquist, to concur with the
Human Resources Commission's CDBG funding recommendation for 1994-
95 as follows:
Organization
Alexandra House
Arc of Anoka County
Central Center
for Family Resources
CHAP Store
City of Fridley Recreation
Community Emergency
Assistance Program
Family Counseling Clinic
Northeast
Northwest Suburban Kinship
R.I.S.E.
St. Philip's Lutheran Church
Tamarisk
This Year's
Request
$ 4,500
$ 1,400
$ 3,000
$ 3,968
$ 5,000
$ 3,000
$60,000
$ 1,500
$ 5,000
$ 3,000
$ 7,735
$98,103
Amount
Recommended
$ 2,500
$ -0-
$ 1,000
$ 3,000
$ 5,000
$ 3,000
$ 3,000
$ 500
$ -0-
$ 3,000
$ 4,000
$25,000
UPON A VOICE VOTE, ALL VOTING AYE, CIiAIRPERSON NEWMAN DECLARED THE
MOTION CARRIED UNANIMOUSLY.
1�'�
PLANNING COMMI83ION MEETING, JUNE 29, 1994 PAGE 29
4. RECEIVE MAY 17 1994 ENVIRONMENTAL 4UALITY & ENERGY
COMMISSION MZNUTES: ' . '
MOTION by Ms. Sielaff, seconded by Mr. Saba, to� receive the May �•
17, �1994, Environmental Quality & Energy Commission.
. UPON A VOICE VOTE�:ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE �
� � MOTION CARRiED IINANIMObSLY. .'.. . . .
5. RECEIVE MAY 24 1994. APPEALS COMMISSION MINUTES:
MOTION by Mr. Oquist, seconded by Mr. Sielaff, to receive the May
�24,.1994; Appeals_Commission minutes. �
IIPON A VOICL�VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN.DECLARED THE .�
MOTION CARRIED�IINANIMOIISLY.
6. RECEIVE JUNE 7 1994 APPEALS COMMISSION MINUTE5_
MOTION by Mr. Saba, seconded by Mr. Sielaff, to receive the June
7, 1994, Appeals Commission minutes.
IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE
MOTION CARRIED IINANIMOIISLY.
7. RECEIVE THE JUNE 21 1994, APPEALS COMMISSION MINUTES:_
MOTION by Mr. Kondrick, seconded by Mr. Oquist, to receive the
June 21, 1994, Appeals Commission minutes.
UPON A VOICE VOTE� ALL VOTING AYE, CHAIRPERSON NEWMAN DLCLARED THE
MOTION CARRIED IINANIMOII3LY.
8. OTHER BUSINESS:
Mr. Newman stated it would be helpful if City staff could prepare
for each Planning Commission meeting a short synopsis of the
Council action items.
Ms. McPherson stated staff can do that.
ADJOURNMENT-
MOTION by Mr. Kondrick, seconded by Mr. Saba, to adjourn the
meeting. Upon a voice vote, all voting aye, Chairperson Newman
declared the motion carried and the June 29, 1994, Planning
Commission meeting adjourned at 10:45 p.m.
Respectfully sub itted,
Lyn Saba
Reco ding Secretary
�--
S I G N- I N S A E E T
PLANNING COMMISSION MEETING, � , � � �/� /�� `� �' l.'� - / �" i � � � / �'�
10CC
� � Community Development Department
� - PLANNING DIVISION '
� . � . � City of �Fridley �� �
DATE: July 7., 1994 A -
� f�'
TO: William Burns, City Manager n
a�1
FROM: Barba�a Dacy., Communi�ty Development Director •
� Michele McPherson; Planning Assistant
SUBJECT: Authorize an Environmental Assessment Worksheet
�� for.Plat Request, P.S. #94-05, by Keith
Eibensteiner for Biltmore Construction of New
Brighton
The Planning Commiss.ion voted unanimously to table consideration
of the plat request at its June 29, 1994 meeting. The Commission
within the motion to table also voted to recommend that the City
Council consider authorizing an Environmental Assessment
Worksheet to review the environmental impacts of the proposed
development. The concerns raised include loss of habitat for
wildlife, impact on North Innsbruck Park, and impact to the
wetlands on the site. We have referred this question to the City
Attorney for his review and an opinion will be forthcoming at the
July 11, 1994 City Council meeting.
MM/dn
M-94-374
A PETITION FOR AN ENVIRONMENTAL ASSESSMENT WORKSHEET
We, the undersigned, petition tor an Environmental Assessment Worksheet
pursuant to Minn. Rule 4410.1100 regarding the proposed •Royal Oaks'
development for housing, i� eastern Anoka county, in the city pj Fridley,
between Arthur Street and Matterhorn Drive at approximately the 5800 block,
of the southem portion of the property known on !he plat of the city as Grace
High School Addition, and generaliy known as the Totino-Grace High School
Woods. The accompanying plats, sAe drawings, and aeria� photographs more
closely identify its location.. � .
The sAe, in combinafion with adjacent Innsbrudc Park, is a single, iocal
ecological system, Totino/Innsbruck Park, which is representative of the last
remnants of the upland poAion of the oak savanna which covered this area at
the time o1 European settlement. The numerous ancient hardwoods, combined
with the wetlands, once stood in a savanna seriing. Since settlemerri, an
undergrowth of brush, sfirubs, and thidcets, has replaced the more open grassy
habitat that once predominated.
The proposers ot the project are:
The Archdiocese of St. Paul and Minneapolis
226 Summit Avenue
St. Paul, MN 551C2
Totino-Grace High School
1350 Gardena Avenue NE
Fridley, MN 55432
Biltmore Construction
1987 Long Lake Road
New Brighton, MN 55112
The representative of the petitioners is:
John Haluska
5660 Arthur Street
Fridley, MN 55432
Key local govemmental bodies are:
The City of Fridley,
6431 University Ave�ue NE
F�idley, MN 55432
The Rice Creek Watershed Disirid �
3585 lexington Avenue North
St. Paul, MN 55126
The proposed project is described as:
The subdivision of the above described property in order to
construd from eight to ten single (amily homes on the site.
Completion of the projed will require the destruction a�Mlot
alteration of the maior oortion of the ve<setative aover M, the sitc±,
eliminating habitat for game and non-game animals. Development
will require reiorming of the tenain to the exteM that the filling
and/or substantial afteration of at least four ponds is a certaiMy,
and will require the paving of a substantial portion d the site plus
subsoil disruption due to excavatan for utilities, foundatio�s, etc..
The critical issues are as follows:
1. The companion site, Inrtsbrudc Park, is adjacent to tfie proposed
development, and the habitats ot the two are inextricably linked and
codependent. The Totino/Innsbruck Park site, because of its small
size, ecological and habilat coMinuity, torm one i�divisible
ecological system.
To destroy the habitat of the Totino Graoe portion of the site
severely and adversely affeds its companion, Innsbrudc Park. The
inevitable conseque�ces will be a Totino/Innsbrudc Parlc eoo-system
impe�ted in its ability sustain its preseM ecological divetsity.
Without che support of che Tocino portion of Taino/Irmsbruck Park,
the overall ecological system is reduced to a status that would be
notable primarily its inability to sustain the plant and animal species
which caN it home today.
2. The habitat of the overall site suppoAS an ecology of p1aM 18e
that, in addition to the oaks and other hardwoods, contains
representatives of diverse species which have yet to be catalogued.
The animal species indude Deer, Fox, Raccoon, Grey SquiRels, Red
Squirrels, Fox Squirrels, Chipmunks, Owis, Mallards. Wood Ducks,
Teal, (plus other water towl species), Canada Geese, Turtles, Frogs
and other amphibian and aquatic life plus, and perhaps most
importantly, a'diverse and numerous population ot songbirds, which
because of conditiqns of vegetation and terrain, 9njoy nestipg 'sites
which are both numerous and sa}e — a rariry,i� an u�txan setting.
Many animals. will be killed ih the develbpmeM process. '•
3. The destrudion of the habitat on the Totino portion of the site
will immediately cause the animal IHe to become solely dependent
on the remainder (Innsbruck Park portion) o( the site. This will
destroy a substantial portion of tfie Totino/Innsbrudc Rark siie's
nesting tor the bird population, and certainly cuMail food supply and
habitat for all anima! species. In simplest terms the remainder of
the system will not be able to support the quantity or the diversity
of animal IHe.
4. It is a certainty that there will be an initial, major die oN of the
......,,e..� �as dz�sr�s^i cr ,� a Tati ��;ir.��s�z.�:k rark eco-sys:em, and
a major disruption ot any portion of the population wfiicfi may
initially survive. The survivors will be severely stressed, and
prospeds for their b�g tertn $urvival will be problematia
5. The plant population of the Totino portion of the
Totino/Innsbruck Park eco-system will be virtually destroyed in the
development and home building process. An eco-system is not
sustained by retai�ing a few specanen trees. The plant populations
remaining after the initial devastation will face an uncertain tuture
because, as it now stands, the numbers ot any one species are
limited, and with the destruction of sucfi a sign'rficant portion of the
habitat, overall numbers may be reduced to the poiM where .
populations cannot sustain themselves.
6. The presently undisturbed seasonal and year round wetlands
form a valuable and unique habitat intertelated and li�ked
throughout the whole Totino/Innsbruck Park eco-system. The
preliminary plans indicate that only one of the five ponds present on
the Totino portion of the ske would remai� after development, and
the remaining one will be substaMially disturbed. This represents a
loss af habitat and water resources upon which a signffica�t portion
the eoology at the whole system is dependeM.
7. These wetlands canndt be replaced in this system or in a similar
ecological niche elsewhere in the area. There simply are �o other
remnant woodland sites available for disruption for wetland
replacemeM, and the unique oontribution they make to the
Totino/In�sbruck Park ecological system cannot be duplicated by
any means.
We oetitianers fewl thzt thg�. nroi+ad re;'��sr^fs an unxrtscienz✓�� a^t!
inexcusable threat to, ff not the outrigM destruction ot, the last remnant of a
unique part of our natural heritage. This remaini�g h�itat of woods and
wettands, and the ecological system it supports, is an irceplaceable link to our
pre-settlement inheritance. Though small in size, the Totino/In�sbruck Park
eoo-system is d major and unique significance to the local environme�t and
overall ecology of the area as a sign'rficaM reservoir of precious natural
habitat. Conversan of the Totino portion to housing will mean that it will be
bst forever, and no doubt take with it a signiticant portion of the ecology of
Innsbrudc Park
The Totino/Innsbruck Park ecologicaf system is worthy of preservation in its
own rigM, and we hope that this petkion will lead to a requiremeM for a full
ErnironmeMal Impad Statemern.
Attachments:
1— Letter from Totino-Grace High School dated May 2, 1994.
2 — Plat extrad.
3— Aerial Phdo d the site.
4 — Site Orawing 1.
5 — SAe Drawing 2.
10EL�
/
� Community DevelopmEnt Depar.tment
� �LA�NiNG D�IVISiON . .
. . . � . . . . City of �'ri�c�ley � � � � . � �
DATE : �
TO:
FROM'
�� SUBJECT:
July 7, 1994 . � � . . � .
William Burns, Gity Manager �� .
�
: Barbara Dacy, Community Development Director �� �
�Michele•McPherson, P�lanning Assistant- �� � �
Resolutiori Approvirig'P1at Request, P.S. #94-03, by
Dayton-Hudson Corpora�ion,�Target�N�orthern .
Distribution Center 3rd Addition, Generally `
Located at 1090 - 73rd Avenue N.E.
The City Council conducted a public hearing regarding th�e glat �
request at its April 18, 1994 meeting. The Planning Commissian
at its March 23, 1994 meeting recommended approval of the request
to the City Council with the 12 stipulations attached as Exhibit
A of the resolution. Stipulation #6 has been amended to reflect
Councilmember Billings' concerns expressed at the April 18, 1994
meeting.
The City Council at its May 16, 1994 meeting approved Resolution
No. 37-1994 approving the plat request, P.S. #94-02, by Fridley
Business Center Partnership which was filed in conjunction with
the Target request.
Staff xecommends that the City Council approve the attached
resolution.
MM/dn
M-94-355
�
� I
RESOLUTION NO. - 1994 �
� A RESOLUTION APPROVING PLAT, P.S. #94-03,
TARGET NORTHERN DISTRIBUTION CENTER 3RD
� ADDITION .
WHEREAS, the Planning Commission held a public hearing on the
� glat, P.S. #94=03�, on March.23, L994, and recommended approdal �
� with stipulations; and .
WHEREAS, the City Council also conducted a public hearing on the
proposed Plat at their April 18, 1994 Council meeting and
approved tiie Plat at their , 1994 meeting; and
NOW, THEREFORE, BE IT�RESOLVED, that the City Council of the City �
of Fridley hereby approves the Plat, P.S. #94-03, Target Northern
Distribution Center 3rd Addition , with stipulations atta.ched as
Exhibit A, and authorizes the Mayor and City Manager to sign the
Plat as prepared by Sunde Land Surveying Inc.
BE IT FURTHER RESOLVED that the petitioner is requested to record
this Plat at Anoka County within six (6) months or said approval
with become null and void.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY
THIS DAY OF , 1994.
ATTEST:
WILLIAM J. NEE - MAYOR
WILLIAM A. CHAMPA - CITY CLERK
11A
.I
Exhibit A
Resolution No. - 1994
Page 2 .
l. The .petitioner shall submit detailed grading and drainage
plans for a trailer parking expansion, including delineation
� of any wetlands located on the property prior to
construction. The Planning Commission and City Council
shall review the plans if the parking area provides for more
storage than l00 trailers.
2. The petitioner shall submit a detailed bikeway and
landscaping plan for relocation of the existing bikeway
adjacent to the westerly lot line of Lot l, Block 1, Target
Northern Distribution Center 2nd Addition prior to
construction.
3. The petitioner shall prepare, execute, and record new
bikeway easement documents and relocate the bikeway at the
time of construction.
4. A joint driveway easement shall be executed between Fridley
Business Center Partnership and Dayton Hudson regarding the
easterly driveway located on Lot 2, Block l, Northco 4th
Addition.
5. An open air easement shall be executed and recorded against
Lot 1, Block 1, Target Northern Distribution Center 2nd
Addition, between Fridley Business Center Partnership and
Dayton Hudson. This open air easement shall prevent
construction of any structures within the 35 foot easement.
6. Primary truck trailer access shall be limited to the
entrance on the Central Avenue service drive with secondary
access at existing Able Street. The driveway located on Lot
2, Block l, Northco 4th Addition shall be used for emergency
access only.
7. Park fees shall be paid at time of building permit issuance.
8. A special use permit application shall be submitted if it is
determined by the City that adequate screening does not
exist to screen the vehicles at time of construction.
9. A letter of credit or performanee bond shall be submitted
prior to construction in the amount of 3% of the total
construction cost of the expansion of the parking area,
bikeway/walkway, and landscaping. The bond or letter of
credit will be retained for at minimum one year and one full
growing season.
11B
Resolution No. - 1994
Page 3
10. Existing�wetlands shall �ot be altered, drai�ed,.or filled,.
including receiving direct, unfiltered runoff from parking
lot expansion.
11. A permit from the Rice Creek Watershed District shall be
obtained prior to construction. '
12. A special use permit application shall be submitted if it is
determined by the City that adequate screening does not
exist to screen the vehicles at time of construction.
11C
,
,
,
,
,
�
P.S. �694-03
Target Northern
Dist. Center 3rd
� �i� ------- — �
— --�tl---- — — —3�---=
' t+jy� ��
8 �
. �i� .� / � . . . . . � 1
. ,:_—b . : .. � .. . i
; ._
�-
� , . :-
; . . . .
. . ; - . . ;� - . . . ..
. ,. _ .
.� �
� � ^A
� ' 0
I . �
�_
i ; '
. . i � . �, . '" O . � ��� . � ..
�L1
I � "•'�
� - � � . .. . .. � � , �V�l.. . �. . , . . . .
' �- � - ' . . . .. . . , . .
Q "
� i�
� �.. i �w� � . . . . . � .
1 �a
� ' � � . . • . �� . .
� .- . Z-o-�-Q
� ��� i . .l. .
� i- . .
� � �,� ,
� � � : � � ; Y �`�:�
� � . . `�,
� i ��
� -� "�'
S
i
�-
� i i - " �
I II o
I
�� � � -- i
� ! _ { ��
i i �.
� � i , � � , � � ;��, �
� s � � i �'� � rk�j�
� �r
� � ! (i �.�u�mu6r :1� i I 1
I ' � i 1
� � .,1�,� ., 6
���''r, t
I �`S"�?,
I ' ' Y
I ' . '_
I ' � �9� '�;;, U
j � . . L , �'�
� � � '� � \ � i �1
' � � � �� �� . � � ! ��/�;�`/ ! ``�l... �!
.�:y � � i J �
��4 � ` V 1 1
• !,N �� � '+�D •1 1 1 LI •��I�A 1
�I � � ,� � � •
'4� ' r r=�i,, L , i y i r
I , , �' y ` L ! `_' ' ; �! i .
��� ` . � L�J _.�.�� ,y3 � .
W� \/ i �: � �.� � �1 •z= �r � �•�
�I � ��\�y �_�••!
, ... �; P.,.; � S'
iI • ��j_�. �i4 � ��.�.'1 1 1
1•1 a 4 -JA_ .
� � � �1 � /
�' ss; :�sr.e „��+�a�:.
71D
���. y�����
Y _itSf Y
�.� Z��1'.
;�������'�A. ._AV��� �:, �Ii
_------- �
FRIDLEY CITY COUNCIL 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. All
Council members were present.
3. PUBLIC HEARING ON TWO PRELIMINARY PLAT REQUESTS P S #94-02
(NORTHCO BUSINESS PARK 5TH AnnTTTnNI ANn p C �4�_nZ /mnnn_�m
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 ACQUISITION GENERALLY LOCATED
AT 500 73RD AVENUE N.E. AND 1090 73RD AVENUE N.E.:
MOTION by Councilman Biliings 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 215 fee� 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
oi the two plats subject to various stipulations. She stated that
some of the major issues involved the relacation 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 ord.inance 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.
11E
FRIDLEY CITY COUNCIL 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 rhe stipulations is for a
lands�aping pla.n which consists of a 100 foot vegetative buffer
. adjacent to 73rd Avenue.
Councilman Billings stated that he is apprehensive about an
additional 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 Target will use the same access they have
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 dic} 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•
�
4-0
5695 HACKMANN AVENUE N.E.:
Ms. Dacy, Community Development Director, stated that the
petitioner was not present at this meeti�rig.
MOTION by Councilman Billings to table this item to
Council meeting. Seconded by Mayor t�ee. Upon a
voting aye, Mayor Pro Tem Sctineider declared the
unanimously.
the May 2, 1994
voice vote, all
riotion carriecl
5. RESOLUTION NO. 26- ''1994 IN SUPPORT OF A RENEWAL APPLICATION FOR
A MINNESOTA LAW�UL GAMBLING PREMISE PERMIT TO THE GHURCH OF
TNE IMMACULA�� CONCEPTION.
MO`I'ION by Councilwoman Jorgenson to adopt Resolution No. 26-1994.
Seconded by'Councilman Billings. Upon a voice vote, all voting
11F
/
[-� Community Development Department
�� PLANIVING DIVISION . .
City of�Fridley � �
DATE: July 7, 1994
TO: William Burns, City Manager ��
�
FROM: Barbara Dacy, Community Development Director
Lisa Campbel��Planning Associate
SIIBJECT: Consideration of 1994 Anoka County Agreement for
Recycling�Services
Each year Anoka County distributes 100� of the SCORE funds it
receives from the State to the municipalities through a joint
powers agreement. The 1994 Anoka County Joint Powers Agreement for
Recycling Services is attached for your conside�at.ion. The 1994
allocation to the City of Fridley is $84,179.77. The City may
request reimbursement funds for eligible expenses up to this
amount.
The agreement must be executed before reimbursement funds will be
distributed to the City. It is staff's recommendation that Council
approve the agreement and authorize Mayor Nee to execute the
agreement.
If you have any questions, please feel free to contaet Lisa at
extension 594.
LC:ls
M-94-370
�nci:a'.;�u;�ty Conf;�.c; # 900?--- .
,�Cri`E �"�P�:T � �� :'�S1Dti�lTi;�L H�.CYCLING P��-tOG�Ai4�
�� ?"H15� AGREEMEN � mad° �flCi P,nt��f2� f!?te �� the i Oti� d�y of �^ay. 1994. notwi.thstanding
Ii�', u�ite Of tll�? SICJ111.UfB� Of tf1L j7�1ltIE',5 I��tVJP.�?!1 t�l�' i�Uti(�� i�'�' U- f'�11Lit�A, Ji:�?E;, pf 1�/I!(111�S0ir�1.
tiereinafter referred to as ti�e °COuNTY' . and the C17`' OF FRIDLEY. i,ereinafter referred to as the
"MUNICIPALITY".
WITNESSETH:
WHEREAS, Anoka County has received $747,470 in funding from the State of Minnesota
pursuant to Minn. Stat. § 115A.557 (hereinafter "SCORE funds"); and
WHEREAS, the County wishes to assist the Municipality in meeting recycling goais
established by the Anoka County Board of Commissioners by providing said SCORE funds to cities and
townships in the County for solid waste recycling programs.
I�OW, THEREFORE, in consideration oi the mutual covenants and promises contained in this
Agreement, the parties mutualfy agree to �he following terms and conditions:
1. PURPOSE. The purpose ot this Agreement is to provide for cooperation between the County
and the Municipafity to implement solid waste recycling programs in the Municipality.
2. TERM. The term of this Agreement is from January 1, 1994 through December 31, 1994,
unless earlier terminated as provided herein.
3. PROGRAM: The Municipality shall develop and implement a residential solid waste recycling
program adequate to meet the Municipality's annual recycling goal of 2,227 tons as
established by the County. "Recycling" means the process of collecting and preparing
recyclable materials and reusing the materiais in their originai form or using them in
manufacturing processes that do not cause the destruction of recyclable materials in a
manner that precludes further use. "Recyclable materials" means materials that are separated
from mixed municipal solid waste for the purpose of recyciing, including paper, glass, plastics,
metals, and vehicle batteries. Refuse derived fuel or other material that is destroyed by
incineration is not a recyctable material. "Problem material" shall have the meaning set forth
in Minn. Stat. § 115A.03, subdivision 24a. "Yard waste" shall have the meaning set forth in
Minn. Stat. § 115A.931.
4. REPORTING. The Municipaiity shall submit the following reports semiannua(ly to the County
no later than July 20, 1994 and January 20, 1994:
A. An accounting of the amount of waste whicii has been recycled as a result of the
Municipality's activities and the efforts of Qther community programs, redemption
centers and drop-off centers. For recycling programs, the Municipality shali certify ti�e
number of tons of each recyclable material which has been collected and the number
of tons of each recyclable materiai which has been marketed. For recycling programs
run by other persons or entities, the Municipality shall also provide docurnentation on
forms provided by the County showing the tons of materials that were recycled by the
12A
��lunicipality's residenis ii�roUyh !hese otl��r programs. Ti�e +��iunic,paliiy si�:?ii Keep
detailed records docurnent+r��� tf�e dispositicr� of ali r�cyclab�e materi��!s coliected
p��rsuant to this agreement. T!�e P„lunicipality si�a!I aisa re�or± tnG !��.:1'��er ^` ���.��ic
yards �r �ons of yare+ �vaste coilected for coFlip�sting or landspread:� ic, �cgeil�2r v�;th
a description of the r�ethodology used for caiculations. Any othGr ;�;ateriai ..retiroved
from fhe waste stream by .the �fvluniciqati+,y, i.e: tires and t,se� oi1. sfiall� also be
reported separately. � •
B_ lnformation regarding any revenue received #rom sources other than the County for �
the Munici�pality's recycling prograrns. .
C. Copies of all promotional materials that have been prepared by the Municipality during
the term of this -Agreement to promote its recyc{ing programs.
The fVlunicipality agrees to furnish the County with additional reports in form and at -
frequencies requested by the County for financial evaluation, program management purposes,
and r�portir�g to the Metropoli#an _Council _and the State of Minnesota. .
5. BILLING AND PAYMENT PRpCEDURE. The Municipality shall submit itemized invoices
semiannually to the=County for aba#ement activities no later than -July 20, 1994 and January
20, 1995. Cosfs nat billed by January 20, 1995 will`i�ot be eligible for fundiag. The invoices
shall be paid in accordaace with standard Countyprocedures, subject to the approval af the
Anoka County Board of Commissioners. �
6. ELIGIBILITY FOR FUNDS. The Munieipality is entitled to receive reimbursement for eligible
expenses, less revenues or other reimbursement received, for eligible activities up to the
project maximum as computed below, which shall not exceed $84,179.77. The project
maximum for eligible expenses shali be eqmputed as foflows: _
A. A base amount of $10,000.00 for recycling activities only; and
B. $6.22 per household for recycling ac#ivities only.
C. A supplemental grant of $5,940.15 (hereinafter referred to as a"Supplemental GranY')
for problem material management, solid waste recycling and yard waste abatemer�t
programs to be disbursed to the Municipality within thirty days of execution of this
Agreement. Notwithstanding anything in this Agreement to the contrary, the
Municipality shal{ be entitled to use said Supplemental Grant monies.oniy for efigible
expenses paid by the Municipality during the period January 1, 1993, through June 30,
1994, for problem material management, solid waste recycling and yard waste
abatement prograr�s. On or before July 20, 1994, the Municipality shall submit a
report itemizing the expenditures of the Supplemental Grant monies on a report form
provided by the County, together with receipts verifying said expenditures. Any
Supplemental Grant monies not expended by the Municipality on or before June 30,
1994, shall be returned to the County.
7. RECORDS. The Municipality shall maintain financial and other records and accounts� in
accordance with r�quirements of the county and the State ofi Minnesota. The Municipality
shall maintain strict accountability of all funds and maintain records of all receipts and
-2-
:�
ui�ri.11"S@Ii121'�S. JUCii Ci;�OiCiS ��iit� �1C''.�UI1�S Sii<�II u8 ;i-iutlliciiii�t� IIl <`i fOC11l VViliCii WIII UE;flillt
the !racing ofi funds and pro�r��r� i!�co���e to final expenditure. Ti�e Municipality shal! mai��taiii
re�..o�ds .U��icieni to re�lect that af r��nds rece�veG under this Agreement werc; expended in
acco�d�n.c�:• ±nritf� t�l;��n. Stat. � 115A.557. subd. 2, ror r�s�dent�21 solid waste recyc(ing
putposes. �The Municipality shail aiso n�ai��taii� records or ihe quantities of materiais recycieci.
All records and u�counts.shall be retai;�ed as pro�y.ided by law, but in no ev�nt fc; a pericd of
���i� li i i�� tl I: C�� J;:cif f� V•� i. ,•• .,,..:'i.^; �.F � 11 U�p l�lG % Iyl( � i- � �n f4��p
S �v�Ti l�li, i^�;: � .� �:cty:fiC:�li 0 1�V �'ii��iuc:il t v ii
Ag� eernert.
8. AUDIT. Pursuant to Minn. Stat. § 16B.06, Subd. 4, the IUlunicipality shall ailow the County
or other persons or agencies authorized by the County, and the State of Minnesota, including
the Legislative Auditor or the State Auditor, access to the records of the Municipality at
reasonable hours, including ali books, records, documents, and accounting procedures and
practices of the Municipality relevant to the subject matter of the Agreement, for purposes of
audit. In addition, the County shall have access to the project site(s), if any, at reasonable
hours.
9. GENERAL PROVISIONS
A. In performing the provisions of this Agreement, both parties agree to comply with all
applicable federal, state or Iocal laws, ordinances, rules, regulations or standards
established by any agency or special governmental unit which are now or hereafter
promulgated insofar as they relate to performance of the provisions of this Agreement.
In addition, the Municipality shall comply with all applicabie requirements of the State
of Minnesota for the use of SCORE funds provided to the Municipality by the County
under this Agreement.
B-. No person shall illegally, on the grounds of race, creed, color, religion, sex, marital
status, public assistance status, sexual preference, handicap, age or national origin,
be excluded from full employment rights in, participation in, be denied the benefits of,
or be otherwise subjected to unlawful discrimination under any program, service or
activity hereunder. The Municipality agrees to take affirmative action so that
applicants and employees are treated equally with respect to the following:
employment, upgrading, demotion, transfer, recruitment, layoff, termination, selection
for training, rates of pay, and other forms of compensation.
C. The Municipality shall be responsibfe for the performance of all subcontracts and shall
ensure that the subcontractors perform fully the terms of the subcontract. The
Agreement between the Municipality and a subcontractor shall obligate the
subcontractor to comply fully with the terms of this Agreement.
D. The Municipality agrees that the Municipality's employees and subcontractor's
employees who fall within any job classification estabfished and published by the
Minnesota Department of Labor & Industry shali be paid, at a minimum, the prevailing
wages rates as certified by said Department. Each Municipality and subcontractor
performing work on a public project shall po�t on the project the applicable prevaiiing
wage rates and hourly basic rates of pay for the County or area within which the
project is being performed, including the effective date of any changes thereof, in at
-3-
12C
�(-',�;t OIIF: COI15��ICUOUS �IdCt� iGf iil@ illf0(Iilciii0ii vi i�iC c;i7if7�G'y't3C'S 'vV0(iCi(i� Ofl tllG
proj�,ct. ;I�e ir�jormation so post�d shafl inciud�.� :� �re��krown of cor,ri';u±ior�s for
h8=?itsl �311C� W��icl(E', bCll;:fltG. V3C3ti011 i',pil±=�;iiS !�'��ci�:��i h�nP11t� =?f1C� �3I1� Othi'f
E'.COIlOf111C s.'�CIl2?ii CC',qiJ!C('(� t0 �"JE' �?!G�.
E. It is underst�o:i ���d agreed thai the entire aqreement !S CGIIi�IfIE',C7 Il('fP,ifl �f1C1 til�i TI11S
%1Uii�'(',iilF;Ili SU�E;iS�GES �i�� O(dl c1l1Q Wfi�tel! �iCJf22fTiE!?IS c.t(l� IlE'.t�0il"cl?IOTI ; FJGtb'VE?Gii �Il'c;
parties relating to the subject matter !�ereof.
F. Any amenurr�enis, alterations, varia,ions, muu�fica.ions, o; �vaiv2rs of this Agreement
shall be valid only when they have been reduced to writing, duly signed by the parties.
G. Contracts let and purchases made under this Agreement shall be made by the
Municipality in conformance with all laws, rules, and regulations applicable to the
Municipality.
H. The provisions of this Agreement are severable. If any paragrapf�, section,
subdivision, sentence, clause or phrase of this Agreement is for any reason held to
be contrary to law, such decision shall not affect the remaining portion of this
Agreement.
10. PUBLICATION. The Municipality shall acknowledge the financial assistance of the County
on all promotional materials, repor#s and publications relating to the activities funded under
this Agreement, by including the following acknowledgement: "Funded by the Anoka County
Board of Commissioners and State SCORE funds (Setect Committee on Recycling and the
Environment).
11. INDEMNIFlCATION. The County agrees to indemnify, defend, and hold the Municipality
harmfess from all claims, demands, and causes of action of any kind or character, including
the cost of defense thereof, resulting from the acts or omissions of its public officials, officers;
agents, employees, and contractors relating to activities performed by the County under this
Agreement.
The Municipality agrees to indemnify, defend, and hold the County harmless from all claims,
demands, and causes of action of any kind or character, including the cost of defense thereof,
resulting from the acts or omissions of its public officials, officers, agents, employees, and
contractors relating to activities performed by the Municipality under this Agreement.
The provisions of this subdivision shall survive the termination or expiration of the term of this
Agreement.
12_ TERMINATION. This Agreement may be terminated by mutual written agreement of the
parties or by either party, with or without cause, by giving not less than seven (7) days written
notice, delivered by mail or in person to the other party, specifying the date of termination.
If this Agreement is terminated, assets acquired in whole or in part with funds provided under
tf�is Agreement shall be the property of the Municipality so long as said assets are used by
the M.unicipality for the purpose of a landfill abatement program approved by the County.
-4-
12D
TO: WILLIAM W. BURNS, CITY MANAGER �
� . � � . .
.. .. FROM:.. : -. : : � RICHARD .D. FRIBYi,;:FIiV�NCE� D�I�ECTOR � ..`
SUBJECT: ADDENDUM NO. 1 TO LICENSE AGREEMENT FOR ACCESS TO
• � THE TAXSYS SYSTEM
DATE: . � June_ 24,-1994- � . � � .
Attached you will find an addendum �o the original license agreement that was approved
at the Council meeting of August 16, 1993. As you recall, the TA�SYS System is Anoka
County Tax�Appraisal system that� generates the County wide tax data. The original
agreement provided for inquiry only with no data input capability. Addendum No. 1
provides for data entry of infortnation previously input via input data sheets that were filled
out by our Appraisers and input by County Staff. This agreement is the logical change that
City Staff has been suggesting for some time.
The addendum is a result of a number of ineetings between representatives of the cities of
Fridley, Coon Rapids, Anoka and Anoka County.
Staff is recommending that the addendum be approved by motion on Monday evening.
RDP/me
Attachment(s)
Anoka County Contrect No.
ADDENDUM NO. 1 . '
TO LICENSE AGREEMENT FOR � � . .
ACCESS TO TIIE TAXSI'S SYSTEM
THIS ADDENDUM is made this day of , 1994, the date of the
signature of the parties notwithstanding, by and between the County of Anoka, a political subdivision of
the State of Minnesota, 2100 Third Avenue, Anoka, Minnesota 55303, hereinafter referred to as the
"County," and City of Fridtey, 643t University Avenue N.E., MN 55432, hereinafter referred to as the
"Municipality. "
WITNFSSETH:
WHEREAS, the County and the Municipality have entered into a License Agreement which
permits the Municipality limited file inquiry access to the County's TAXSYS System via remote
terminals; and
WHEREAS, the Municipality desires to have greater access to the TAXSYS System, specificaliy,
the capabiliry to enter appraisal data information into the TAXSYS System for tax parcels located within
the Municipality's taxing jurisdiction; and
WHEREAS, the Counry agrees to amend the License Agreement to allow the Municipality the
ability to enter certain appraisal data in its TAXSYS System, subject to the terms and conditions contained
herein.
NOW, THEREFORE, in consideration of the mutual covenants hereinafter stated and contained
in the original License Agreement, the parties do hereby agree as follows:
I. GRANT OF LICENSE
The County hereby grants to the Municipality a license to have access to the TAXSYS System
for the purpose of entering appraisal data, as hereinafter defined, for tax parcels located within the
Municipality's ta�cing jurisdiction. The license to enter appraisal data is subject to the limitations,
_ conditions and responsibilities contained in the original License Agreement and as hereinafter provided.
13A
A. Definition of "Appraisat Data":
. Appraisal data is defined as the information needed to fully and accurately compleie the
TAXSYS System screens. and data �elements contained therein, as d.esccibed and depicted in Exhibit A,
which is attached hereto and incorporated herein by reference.
B. Entry of Appraisal Data:
The Municipality shall assume all responsibility for and costs associated with entering the
appraisal data necessary to complete the TAXSYS System screens and data elements contained therein
as described and depicted in Exhibit A. The Municipality� shall be responsible for documenting and
verifying the accuracy of all appraisal data entered into the TAXSYS System.
C. Timely Entry of Appraisal Data:
1. For the first assessment year of this Agreement (assessment year 1995), the
Municipality shall complete one-half of the annual entry of appraisal data for at least 25�0 of the tax
parcels located within its taxing jurisdiction by not later than September 1, 1994, and the remaining one-
half by not later than December 1, 1994. The Municipality shall complete the annual entry of appraisal
data for all tax parcels within its taxing jurisdiction by not later than February 1, 1995. For the first
assessment year of this Agreement, the Municipality may complete the entry af appraisal data by eittter
(1) entering the appraisal information into the TAXSYS System itself via remote terminal and/or (2) �by
submitting to the County Assessor the completeci appraisal card for a tax parcel.
2. For each subsequent assessment year, the Municipality shall complete the annual
entry of appraisal data for at least 25% of the tax parcels located within its taxing jurisdiction by not later
than December lst of each year. The Municipality shall complete the annual entry of the appraisal data
for all tax parcels located within its taxing jurisdiction by not later than February lst of the following
year.
3. After the Municipa]ity completes the annual entry of appraisal data for al( tax
parcels Located within its jurisdiction, the County shall generate a Chan�e Report, which shal! be
forwarded to [he Municipality for review. The Municipality shall review the Change Report and make
al( necessary changes to the appraisal data by not later. than February 15th of. each year.
-2-
13B
D. Technical Support:
l, Subject to County staff availability; the County will pro��ide technical suppoct to �
assist.�e Municipality in entering the appraisal data into the TAXSYS System.
2, If the Municipality encounters technical problems which timit or preclude remote
access to the TAXSYS .System, the County shall provide at least one CRT at the Government Center
which the Municipality can use to enter appraisal data into the TAXSYS System.
E. Liability/Responsibility for Delay or Untimely Entry of Appraisal Data:
It is specifically understood and agreed to by the Municipality that time is of the essence
with regard to the.time}y completion of the encry of appcaisal data. Failure of the Municipality to timely
complete the entry of all appraisal data as provided herein may result in the County incurring significant
additional costs associated with providing notice for and assessment and collection of ad valorem real
estate taxes. Therefore, the Municipality shall defend, indemnify and save the County harmless from any
liability, claims, damages, judgments, costs (including reasonable attorneys' fees), increased expenses,
demands or actions arising, directly or related to, the Municipality's failure to timely complete the entry
of the appraisal data as required herein.
IL T`ERMINATION
A. If the Municipality and/or the County desires to terminate this Agreement after completion
of the work for assessment year 1995, the party desiring to terminate the Agreement shall give written
notice to the other party by not later than May 15, 1995.
B. For subsequent assessment years, this Agreement may be terminated by the County
without cause upon not less than one (1) year written notice delivered by mail or in person to the other
party. This Agreement may be terminated by the County with cause upon five (�) days written notice
to the Municipality. The Municipality may terminate this Agreement b}' providina to the County written
notice, which may be delivered by mail or in person, w�hich notice must be received by the County by
not later than March lst of the year before the assessment year in �.hich termination is to become
effective (i.e., to terminate agpraisat data entry responsibilities for assessmAni year 1996, the Municipality
must provide and the County must receive written notice by not later tt:�n May i�, 1995).
-3-
13C
III. DATA PRIVACY
The appraisal data may be considered private or non-public pursuant to Minn. Stat. § 13.51. It
shaJl he the duty of the� Iviunicipality to determine whether_ any of the appraisal data is pr.iriate or non-
public. The Municipality shall not disseminate any a�praisal data that is Private or non-public in violation
of Minn. Stat. §§ 13.01 through 13.794.
IV. SECURITY
The Municipality shall adhere to the following security measures to ensure that unauthorized use
of the TAXSYS System does not occur:
A. The Municipality shall be assigned a System Access Password by the County for tfie
pucpose of accessing and entering the Appraisal Data described herein. The Municipality shall provide
to the County's Director of Information Services the names of Municipality employees who will be
authorized users of the TAXSYS System and who have authority to view/enter the appraisal data. Each
authorized user will be provided a TAXSYS System password by the County. If an employee should
terminate service with the Municipality, the Municipality shal( immediately notify the County's Director
of Information Services so that passwords may be changed to preclude unauthorized use. To protect
against unauthorized use, passwords may be changed on a quarterly basis and coordinated through the
Director of Information •Services.
B. This Agreement authorizes the Municipality access to view and enter only those appraisal
data records described herein. Any attempt by the Municipality, its employees or other individuals using
the Municipality's equipment and/or access passwords to access other information or appIications in the
TAXSYS System, or any other County system, shall be considered a violation of this Agreement, upon
the occurrence of which the County may, in its sole discretion, unilaterally terminate this Agreement.
V. This Addendum is hereby made a part of and shall be amended to the original License Agreement
between the parties. Unless specificaily stated in this Addendum, all terms and conditions of the original
License Agreement shall also be applicable to this Add�ndum and the license granted herein.
-4-
13D
a
IN WITNESS WHEREOF, the parties have si�ned this Addendum on the dates written below.
COUNTY OF ANOKA
By:
Dan Erhart, Chairman
Board of Gommissioners
Dated:
ATTEST
By:
John "Jay" McLinden
County Administrator
Dated:
APPROVED AS TO FORM
By:
Dan Klint
Assistant County Attorney
Dated:
����truri.��
-5-
13E
CITY OF FRIDLEY
By: _
Name:
Title:
Dated:
By: _
Name:
Title:
Dated:
By:
Municipality Attomey
Dated:
„�p�o�,F`\\ POLICE DEPARTMENT
�
"'�� �';; City of Fridley
:�
�� , �.-` .
' ° �=; `` �� Minnesota
� � . .
DATE JULY 7 1994
FROM � LIEUTENANT ZIMMERMAN.
SUBJECT � � . � � .
MEMORANDUM
Tp . ' ACTIO
BILL BLTRNS, CTTY MANAGER � �XX
ANIMAL CONTROL CONTRACT
Attached you�will find the proposed Animal Control Contract for.
August 1, 1994 through July 31, 1995. There have been three (3)
changes to the contract from last year`.
Under Section.II, Sub. 3. the term "seized.stray animals” has been
. added. Also, under Sect�ion II, Sub.4. "In.compliance with State
Statute MS 35.71" has been added: Both of these changes are for.
clarification purposes to differentiate stray animals from
abandoned animals. This was necessitated by the State Legislature
amending MS 346.37, the abandoned animal subdivision.
Under Section VII Compensation, the City payment, requested by
Skyline Veterinary Hospital, was increased from $1200 per month to
$1250 pex month. This increase is 4%.
The Pol ice Department has been very happy with the service provided
by Skyline Veterinary Hospital. The compensation we pay is far
less than using the Animal Humane Society. In addition, by having
the facility within the City, person hours for transports are at
a minimum. We also believe the City of Fridley should do business
within the City of Fridley whenever possible.
Staff recommends approval.
HZ/sa
14
- -
ANIMAL CONTROL CONTRACT
This contract, made and entered into this llth day of July, 1994
by _ and between_ the _Skyli�e .Veterinary Hospital,� 6220 Highway�° 65 .
N.E`., Fr.idley; Minnesot� 55432,�hereinaf�er.referred to �s "animal.
shelter" and th�e City of'F�idley;�a mu�nicipal corpor�tion, 643i� �
University Avenue, �'ridley, Minnesota 55432, hereinafter referred
to as "city".
I. TERM �
� The.�term of_this contract sriall. �e from August l, 1994.
through July 31, 1995.
II. ANIMAL SHELTER SERVICES
� The city agrees to�purchase and the animal shelter agrees
to furnish the following services:
1. Shelter for animal drop-offs on a 24-hour basis.
2. Animal examinations•and veterinary care as required .
during normal business hours.
3. Seized stray animals shall be held for five (5)
regular business days. After five regular business
days the city shall have no right or interest in
such animals.
4. Euthanasia and disposal if required due to serious
injury, illness, or after five regular business
days, in compliance with State Statute MS 35.71.
5. Receiving and disposing of dead animals delivered
by the city.
6. Upon request, train city animal control officers in
safe and humane handling and apprehension of
animals.
7. Keep accurate records of all animals impounded,
boarded, and destroyed, pursuant to this agreement
and furnish monthly statements to the city.
8. Keep the animal shelter open during normal business
hours of the Skyline Veterinary Hospital and not
less than normal business hours of the city.
9. The animal shelter, during normal business hours,
shall be open for inspection by the city or it's
agents.
14A
10. Collect license fees from owners who retrieve
animals not currently licensed and return fees to
the city:
11. Collect boarding fees at $9.00 per�day, per animal
from owners who�retrieve animals and return fees to
the city.
12. Hold ariy impounded animal�being recTaimed until
proof of applicable eurrent licensing �arid rabies�
vaccine is pr�duced.
13. Serve as animal control officers for �he city, as
defined in Fridley City Code Chapter 101, and as
applicable to the operation of the a�imal shelter.
III. CITY RE9FONSIBILITY �
After normal business hours, the city will transport any �
injured animals that are in a life threatening condition
to the Affiliated Emergency Veterinary Services, at no
cost to the animal shelter. After treatment and release,
the city will transport the animal to the animal shelter.
IV. COMPLIANCE WITH LAWS � '
In providing all services pursuant to this contract, the
animal shelter shall abide by all statutes, ordinances,
rules and regulations pertaining to or regulating the
provision of such services.
V. AUDIT DISCLOSURE AND RETENTION OF RECORDS
The animal shelter agrees to make available to duly
authorized representatives of the city and either the
Iegislative auditor or the state auditor for the purpose
of audit examination , any books, documents, papers, and
records of the animal shelter that are pertinent to the
animal shelter's provision of service hereunder. The
animal shelter further agrees to maintain all such
required records for three years after receipt of final
payment and the closing of all other related matters.
VI. ANIMAL SHELTER RESPONSIBILITIES AND INSURANCE
The animal shelter shall be responsible for all damages,
harm or illness suffered by the animals under its care
and in its custody which may be due to the negligence of
the animal shelter. Said animal shelter shall save the
city harmless from any damages, costs, actions or causes
or action, or claims made against the city for any harm,
losses, damages, or expenses on account of bodily injury,
sickness, disease, improper disposition, death and
property damage resulting from the animal shelter's
operation.
The animal shelter shall procure and keep in full force
comprehensive qeneral liability insurance in the amount
� �
of not less than $100,000 and $350,000 to safeguard and
indemnify the city for any of the occurrences
aforementioned. Such insurance policy must be fi�ed with
the City Clerk.•� - - . . . - . .
VII. COMPENSATION
1. The city shall pay. the �riimal shelter the �sum of.:
- �$1, 250 pez �or�th fbr ' service� stat�d iri, � tiiis. ..
contract. Said sum ' shall �b�� paid � on or about ��the� �
last day of the month, or within�thirty (30) days
after submission of the monthly claims, by the
animal shelter. .
� 2. �The animal shelter may.charge and -retain. customary �
veteririary fees including rabies vaccine_from owners.
. � : ; of reclaimed� an•imals:.� � . . . �.
VIII. EARLY TERMII�fATION � � � �
This contract may be terminated by either party, with or
without cause upon_thirty (30) days written notice,
delivered by United St�tes mail or in person, to the
o�her party. For purposes of such.notice, the address of
the animal shelter is: � .
Skyline.Veterinary Hospital
6220 Highway 65 N.E.
Fridley, MN 55432
and the address of the city is:
City of Fridley
6431 University Avenue N.E.
Fridley, MN 55432
IX. MODIFICATIONS
Any material alterations, modifications or variations of
the terms of this contract shall. be valid and enforceable
only when they have been reduced to writing as an
amendment and signed by the parties.
X. ENTIRE AGREEMENT
It is understood and agreed by the parties that the
entire agreements of the parties are contained herein and
that the contract supercedes all oral agreements and
negotiations between the parties relatinq to the subject
matter hereof as well as any previous agreements
presently in effect between the animal shelter and the
city relating to the subject matter hereof. The parties
hereto revoke any prior oral or written agreement between
themselves and hereby agree that this contract is the
only and complete agreement regarding the subject hereof.
���
�
ANIMAL SHELTER
�
. By.:
Tit
- � - �Dat
Title�
. Date:
e
CITY .
�y: � � � -
� � Title:
.. Date�: � .
Title: � �
Date:
14D
En9ineering
Sewer
YVater
ME MORANDUM �
T�: William W. Burns, City.Manager� �� � PW94231
cir
FROM: � John G. Flora�Public Works Director �
(��/%�Clyde V, Moravetz, CAN Administrator ,
DATE: July 11, 1.994
SUBJECT: Resolution Approving Transfer of Control.of.CAN Operations in Fridley
Ttie City Council conducted a public hearing on the proposed transfer of CAN operations at
their regular seheduled meeting on May 16. They tabied the hearing #o June 20, which allowed
time for the Cable Television Advisory Commission to review the request and make
recommendations to the Council.
The Commission, at their'special scheduled' meeting of June 13, unanimously recommended
approval of the requested transfer of control. On June 20, the Council closed the public hearing
on the matter and received Commission recommendation.
The City Councils of Bloomington, St. Louis Park, New Prague and Jordan have approved the
transfer resolution (see attached).
As noted in the resolution, approval is subject to certain conditions such as:
1. Actual closing of the stock purchase transaction
2. City being reimbursed for total costs of the transfer reviewal and approval process
3. City being duly notified of the completion of the transfer of control
4. Certain guaranty being provided to the City as outlined in the Guaranty Agreement (see
attached)
Recommend Council approve same resolution at their July 11 meeting. 1 will be in attendance
at the meeting if desired.
CVM/JGF:cz
Attachment
15
�
.
�.. ;
e
CITY OF FRIDLEY, MINPESOTA
. . . . . RESOLUTION�NO. . . . .
. RECOI�IIl�PDING. APPROVAL OF TSE .TRANSFER
OF . CQPTROL OF COUNTRgS IDE � INiTES3,�NTS , .
IPC. APD PORTEL CABLE COItPORATION
WHEREAS, on or about May 2, 1988, the City of Fridley,
. Minnesota ("City") granted a Cable Television Franchise to
Nortel Cable Associates, L.P., a Delaware limited partner.ship
("Nortel"), by adoption. of Ordinance _No. 904 (the. "Fridley
Franchise"); and
WHEREAS, on May 16, 1988, Nortel accepted.the Fridley
Franchise; and
WHEREAS, Nortel is the current and lawful Grantee of the
Fridley Franchise; and
WHEREAS, Countryside Investments, Inc., a Delaware
corporation ("Countryside") and Nortel Cable Corporation, a
Minnesota corporation ("NCC"), own 17.1$ and 39.9% limited
partnership interests respectively in Nortel; and
WHEREAS, NCC owns a 43$ qeneral partner interest in
Nortel; and
WHER�AS, Countryside is wholly-owned by Countryside Cable,
Inc., a Delaware corporation ("CCI"); and
WHEREAS, NCC is wholly-owned by Amzak Corporation, a
Delaware corporation ("Amzak"); and
15A
WHEREAS, CCI., Amzak and KBLCOM Incorporated, a Delaware
� corpora��i�on ( "KBLCOM" ) , �� hav� � en.tered : �into a� Sto�k. • Pu�r�hase: ,
� Agreement dated� as of February 17, 1994 ("Stock Purchase ,
Aqreement".)., ,for .the , pu�chase fro�t..CCI and: .Amzak.. by -�tHLCOM_ Qf �
all of the issued and outst.anding shares .of capital stock.:of
Countryside and NCC;.and
. WHEREAS, in compli.ance with � the terms of . the Stock .
. Furchase: Aqreemen�,: the=name:�of Nor.tel,shall �ema.in unchanqed;:
and .
� WHEREAS, under the Fridley Franchise and Minnesot.a
Statutes Section 238.083, the transfer of control of
Countryside and NCC from CCI and Amzak to KBLCOM constitutes a
transfer by means of a funda'mental corporate change with
respect to Countryside, NCC and Nortel; and
wHEREAS, under the Fridley Franchise and Minnesota
Statutes Section 238.083, any such transfer requires the
approval of the City; and -
WHEREAS, the City, with the assistance of Moss & Barnett,
A Professional Association, has reviewed the proposed transfer
of control of Countryside and NCC and the legal, technical, and
financial qualifications of KBLCOM; and
WHEREAS, basea on information obtained at a public hearing
conducted by the City on May 16, 1994 and on the reports and
information received by the City, the City has found no reason
15B
�� . I
to disa-pprove:of the transfer of control of Countryside and NCC
f rom CCT and Amz�k �to KBLCOM: � � � . � � � � .
NOW; THEREFORE; the City�Council for the� City of Fridley, �
Minnesota resolves as follows:- .
.1. The Fridley Franchise is in full force and
effect and Norte� is the lawful Grantee in accordance with
:the terms and ..condit.ions set forth in the- Fridley
Franchise.
2_._ The City hereby consents and approves of the
transfer of control of Countryside and NCC from CCI and.
Amzak to KBLCOM subject to:
a. Closing of the stock purchase transaction
pursuant to the terms and conditions described in
information provided by Nortel and KBLCOM to the
City, including the Stock Purchase Agreement.
b. Nortel reimbursing the City for all
reasonable costs, ezpenses, and professional fees
incurred as a result of the City's approval of the
transfer of control of Countryside and NCC.
c. KBLCOM promptly notifying the City in
writing of the completion of the transfer of control
of Countryside and NCC.
d. KBLCOM, within thirty (30) days of the
closing of . the stock purchase transaction
contemplated within the Stock Purchase Agreement,
abiding by the requirements as listed below:
i5C
i. KBLCOM sha�l guaranty the obligations
,� � � of No.rtel� identified in the Fr-idley Franchise. by .
providing a signed Guaranty, in a form supplied
bp the City. �
ii. KBLCOM shall provide evidence of
corporate authority, as applicable, in form and
• substance acceptable to the City, to enter into
the Fridley Franchise, and to sign the Guaranty.
3. The City hereby waives any right of first
refusal which the City may have pursuant to Section 405:12
of the Fridley Franchise, as amended, or, otherwise, to
purchase the Fridley Franchise, or the cable tele.vision
system serving the City, but only as such right of first
irefusal applies to the request for approval of the
transfer of control of Countryside and NCC now before the
City.
4. In the event the transfer of control of
Countryside and NCC contemplated by the foregoing
resolutions is not completed, for any reasons, the City's
consent to the transfer of control shall not be effective.
5. This Resolution shall take effect and continue
and remain in effect from and after the date of its
passage, approval and adoption.
15D
A motion to.approve the foregoing Resolution No.
� . . � � . was... made, by. Couricil :Member_ � : � � � � � and� .duly.. . . �
seconded by Couneil Member . �� �� � :
. . The fol�owir�g. Coun.cil Members� voted in. the��affirma�ti•ve., ��
. • The fo�llowing.Council.Members voted in:the.negative;
Passed and adopted by the City Council for th� City of
Fridley this �day of.. , 1994. �
ATTEST: CITY.OF FRIDLEY,•MINNESOTA
By: By:
Its:
15E
.•. � � -
' . " . . ' �. : '� ...
� . . . ..
.• • ' � � . . : • . . _ • . . � � ... � • -
. .
.. . . ,
� � � � DRAFT Gk1ARANTY � .
FOR KBLCOM INCORPORATED � �
15F
GUARANTY AGREIIKENT
GUARANTY given by KBLCOM Incorporated, a Delaware
corporation (hereinafter "Guaran�or"), to the Gity of :Fridley,
Minnesota (hereina£ter "City").
WHEREAS, Guarantor has acquired control of Countryside
Investments, Inc., a Delaware corporation ("Couri�tryside"), and
Nortel Cable Corporation, a Minnesota corporation ("NCC"),
which respectively own 17.1% and 39.9% limited partnership
interests in Nortel Cable Associates, L.P., a Delaware limited
partnership ("Nortel"); and
WHEREAS, NCC owns a 43% general partnership interest in
Nortel; and
WHEREAS, Nortel is the lawful Grantee of the of the
Fridley Cable Television Franchise Ordinance No. 904 �the
"Fridley Franchise"); and
WHEREAS, Guarantor requested the City's approval of the
transfer of control of Countryside and NCC from Countryside
Cable, Inc., a Delaware corporation ("CCI"), and Amzak
Corporation, a Delaware corporation ("Amzak"�, to Guarantor; and
WHEREAS, the City has passed and adopted Resolution
No. on , 1994 approving the transfer of
control of Countryside and NCC from CCI and Amzak to Guarantor;
and
WHEREAS, the City's approval of such transfer of control
of Countryside and NCC is contingent upon Guarantor
15G
guaranteeing the .faithful performance by Nortel of all of the
• � � terms and conrlitions � of the Frid�ey .Fr.anchi�se; and � � � �
WHEREAS, the Guarantor has agreed to enter into this
� Guaranty_.Agreement pu.rsuant to:.,C:ity's request:. : . � . � ..
NOW, THEREFORE, in .consider.ation of the foregoing,. ��the
Guarantor agrees as follows:
1. Obliaation�. . The Guarantor hereby. guarantees the
prompt and complete performance by Nortel of all the covenants,
�_ conditions, and terms Of the�Fridley Franchise.� Tl�e Guarantor�
further guarantees the payment of all damages, judgments, cos�s
and ezpenses, including fees w�ich by virtue of the Fridley
Franchise or otherwise, migiit become recoverable by the City
f rom Nortel.
,�
2. Terms of Guarantv. This Guaranty shall be absolute,
complete, continuing, and irrevocable, and the Guarantor shall
not be released of its obligation hereunder so long as any
claim of City aqainst Nortel arising out of the Fridley
Franchise or otherwise is not settled or discharged in full.
No notice of any indebtedness heretofore or hereafter
contracted or acquired by Nortel need be given to the Guarantor.
3. Waiver. The Guarantor hereby waives notice of the
City's acceptance of this Guaranty. The Guarantor acknowledges
that it is Guarantor's responsibility to be informed of the
financial condition of_ Nortel, and the City has no duty to
advise the Guarantor of any information known to it in that
regard.
y5H
. . �
4. . Liabilitv or Default. All liability of the Guarantor
to the City shall:mature immediately, without� noti.ce or demand,
upon �he occurrence of any of the foTlowing acts or events by
or with respect to Nortel: <a) default on any liability or
obligation to the City; (b) dissolution; (c) Insolvency or
inability to meet obligations as they become due; (d) filing of
a petiti�on for relief in bankruptcy; (e) failure to pay any
franchise fee, taz, or assessment when due; (f) appointment of
a trustee, custodian, or receiver; (g) entry of any judgment,
or issuance of an injunction or a warrant of attachment or
ezecution.
5. Remedies. No right or power of the City hereunder
shall be deemed to have been waived by any act or conduct on
the part of the City, or by any neglect to ezercise such right
or power, or by any delay in so doing; and every right or power
shall continue in full force and effect until specifically.
waived or released by an instrument in writing ezecuted by the
City.
6. Governina Law. This Guaranty shall be deemed to be
made under and shall be governed by the laws of the State of
Minnesota in all respects, including matters of construction,
validity and performance, and the terms and provisions hereof
may not be waived, altered, modified, or amended except in
writing duly signed by an authorized representative of the
City. By egecuting this Guaranty, Guarantor does not waive any
rights under federal, state, or local law.
151
7. Severabi.litv. If any of the provisions of this
� .. Guaranty� .shall cpn�ravene or . be .held invali,d under the� laws � of • �
any juri�sdiction, this Guaranty shall be construed as if not
.cor�taining ..tho.se :.provisians .and the rights ,and. obligations of .
the parties hereto siiall be construed and enforced accordingly.
8. Benefit. This Guaranty shall inure to the so.le
benefit of, the City, its successors and sha11 be.bindinq upon
the Guarantor and its successors.
IN WITNES� WHEREOF, the unders.iqned.Guarantor has ezecuted �
this Guaranty as of , 1994.
KBLCOM INCORPORATED
By
Its
STATE OF )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me
this day of , 1994, by the of
KBLCOM Incorporated.
952Z140
15J
Notary Public
Engineerin9
Sewer
f'ater
Parks
Streels
�v,aintenancc
� ME MORAr1TDUM . . � - . � .
. .. _,., . . .... ..
TO: � . William W. Bums, City Manager �� �. � PW94220
,
�
FROM: John G. Flora;�Public Works Director � •
DATE: , July f'1, 1994 � � . � . � . � , �. � . .
SUBJECT: Central Avenue Bike Path �
As a result of the meetings the Council has held on the Central Avenue bike path,. it is
necessary to enter into an agreement with.the State of Minnesota to receive the $50,000 grant
.. for the bikeway project. The attached. resQlution approves the grant contract with the State of � �
Minnesota for $50,000 for the Minnesota Cooperative Grant program and identifies construction
of the off-road bikeway system on the west side of Central Avenue from 69th to Highway 65.
Recommend the City Counci! adopt the attached resolution.
JGF:cz
Attachment
�s
�
►•.
�.. ,
RESOLUTION I�U. - 1994
'-• •1 Y',� • � 1 •.• t ' H• • •�1
Y: 1" ' V� ' • �� I I �• V• � S � � � •.� • � : /"� I-
� • «� � � u �� � •.�, u � �r � i �• v
•� • � �• . H. , . .,� ti• .
�,8, the City of Fridley has identified a r�ed for an off-road bikeway
trail on Central Avenue fro�n 69th Avenue to Highway 65, arYi
�EREAS, the City Bilc,eway/Walkway Ccarnnittee identified this trail seqm�nt as
being im�ortant to the overall city wide bikeway system plan, and
�,8, three me�ti.xigs were held with residents along the route to discuss
aligrnnent, and
Wt�REP,3, the trail will link residents with two major recz�ational facilities
in the City of Fridley — the Moore Iake Beach & Park and the Rice Creek
Rec�ional Trail, and
�,5, the State of M.irinesota Departm�nt of Natural R�esources has awan�ed
the City of Fridley a$50, 000 grant through the Minnesota Cboperative Grant
�, �
AI�RF�AS, the City of Fridley is a local gaverrm�nt unit organized under the
laws of the State of Minnesota, and
�,5, the City of F�idley understands that the grant money may not be used
for reiml�ursement of costs incurred before the grant contract is signed.
I�7W. �'OREr BE IT RE90LVED BY, the City Council of the City of Fridley,
Anoka County, Mirmesota, that the City hereby authorizes and appraves the
execution of a grant oontract with the State of Minnesota for $50,000 to
construct an off-road bik�way on the west side of C�entral Avenue between 69th
Avenue and Highway 65, ar�d
B� IT ItFeOLOED that the Fridley City Manager is hereby autharized and directed
to sign the gr�ant contract for said yrant ftuxLs.
PASSID ADID ADOPI�D BY 7� CITY GOUNCIL OF THE CITY OF F'RIDLEY THIS 11TH DAY OF
JULY, 1994.
AT'I'ES"I':
WIL,I�IAM A. Cg�MPA - CITY CI�2K
16A
WILLIAM J. NE� - MAYOR
i �.
:.�. .
. . . . .. . . . .. .
. ._ . . . . . . - . , �. .. _ . .. . . � � .
� ME 1V�ORANIIUM �
. TO: �Iliam W. Burns, City Manager �� . � PW94203 � .
� � �� �
� FROM: John G. Flora, Public Works Director .
� � DATE; July 11, 1994 � � � � . . � '. � �
SUBJECT: Six Cities Joint Powers Agreement
The Six Cities Watershed Management Organization (WMO) attorney has restated the Joint
Powers Agreement of the Six Cities Watershed District to bring it into compliance with the
.. current state statutes: The restated Joint. Powers Agreement has only two changes which
needed to be adopted. �
The first change references the Minnesota Statute Chapter 103. It had been referencing the old
statutes for 473.875 to 473.883. The second change deals with vacancies and requires the
vacancy to be filled within 90 days.
I In order to continue the operation of the Six Cities WMO, recommend the City Council authorize
by motion the City Manager and Mayor to sign the restated Joint Powers Agreement.
JGF:cz
Attachment
17
��
�
,
RESTATED JOINT POWERS AGREEMFNT
May 20, 1994
. � . TH.IS �.'AGREEMENT.. �ntered i�to as "of the date � of :execut ion �by:. � �
� � and between .the Cities of: ' �
. �LAINE .
. .: COLUMBIA HEIGHTS . �
COON RAPIDS
' FRIDLEY �
HILLTOP ' . . .
� SPRING LAKE PARK � - .
� for the estalii. ishment 'o'f a watershed management organizat�zori. �`� �.`� �
WHEREAS, the cities to this Agreement have authority
pursuant to Minnesota Statutes, Section 471.59 to jointly or
cooperatively�by agreement exercise any powers common to the
contracting bodies pursuant to Minnesota Statutes, Section 1038-
and
WHEREAS, the cities bound into this Agreement desire to
�ointiv manaae the procrrams recLuired by Minnesota Statutes �
Chapter 103;
NOW THEREFORE, the parties to this Agreement do mutually
agree as follows:
SECTION I
GENERAL PURPOSE
l.l It is the general purpose of the parties to this
Agreement to establish an organization to jointly and
cooperatively develop a Watershed Management Plan and a Capital
17A
Improvement Program for the purposes of preserving and. using
natural water storage and retention systems in order to (a)
reduce to the" greates�.practical �xten� the public capital -�
. e�xpenditures necessary to cantrol excessive .'volume's �and rates o�.• �� �
runoff; (b.) improve water quality; (c? prevent flooding and
eros�on� f�rom;. sur€ace flows; .. . - (d) �promote groundwater recharge; �. � �
(e) protect and enhance fish and wil,dlife.habitat and water �
recreational facilities; and (f) secure the other bene�its
associated with the proper management of surface water.
1.2 Definitions: The following terms and words are defined
for use in this Agreement:. . �
(a) City - a municipality which enters into this Agreement.
(b) Governing body - the elected officials of the City
entering into this Agreement. .
(c) Improvement - construction projects which are either
designed or affect the surface water flow and/or
quality_
(d) Member - representative of a city appointed in
accordance with this agreement to serve in the
organization.
(e) Party - a city which executes and enters into this
Agreement.
{f) Shall - is mandatory and not directory.
SECTION II
SIX CITIES WATERSHED MANAGEMENT ORGANIZATION
2.1 Establishment:
{a) There is hereby established the "Six Cities Watershed
-2-
17B
Management Organization" whose membership shall be appointed in
accordance with the provisions of this section and whose duties
shal l be� to car.ry . ou.t the purposes contained he�.ein _ ��.
�_ . � � � ' (b�. � T�ie Six� Cit�ies.: ,Waters�hed ManagemenC � �Organ•iz'ation':s.h�ll , � _ `.�
� be the parent organization for the six subdistricts identifieci
as� Coon Rapids West�� which incl.udes �Coon Ragid�;� �Pleasur�: Cr.e�ek �
including Blaine and Coon Rapids; Spring Brook Cr:eek including
Blaine, Coon Rapids, Fridley and Spring Lake Park; Stonybrook
Cre.e}c including Fridley and Spring Lake Park; Oak Glen: �reek
ir�cluding Fridley and Spring Lake Park; and CFH South including
Columbia Heights, Fr.idley and Hilltop as identified in Exhibit
��A��. _ . .
(c) The Organization shall.notify the Board of Water and
Soil Resources of inember appointments and vacancies. in member
positions within thirty (30) days. The governing body of each
party shall fill vacant positions within 90 days after the
vacancy occurs.
(d) The governing body of each party shall publish a notice
of vacancies resulting from expiration of inembers' terms and
other reasons. The notices must be published at least once in a
newspaper of general circulation in the Watershed Management
Organization area. The notices must state that persons
intere5ted in being appointed to serve on the Watershed
Management Organization may submit their names to the governing
body of each party for consideration. Published notice of the
vacancy must be given at least fifteen (15) days before an
appointment or reappointment is made.
-3-
��
.
(e) The governing, body of each party may re�ove appointed
members of the Watershed Management Organization for just cau�se.
.(fj ,- The Six Citi�es Watershed' Management .Organizatior.-, �� '
• . �ereinafter. �ef�rred to �s� .t�ti'e "O.rg"anization"; �sh�.al'1 b`e ����'• �
constituted as described in Section 2.2.
� 2.2.�MemberShip Appoiritment: - ' � �
fa) The governing body of each party to� this Agreement
shall appoint one representative to serve as a.member of the
brganization._ Each member shall have one vote. Membership in .
or representatives to the Organization shall be evidenced by
resolution of the governing body of each party, filed with.the
Organization. - . �
(b)` The appointed.��m�mber of the Organization shall also be �
the designated member to tYie appropriate subdistrict.
2.3 Alternate Members: One alternate member to the
Organization shall be appointed by appropriate resolution of the
governing body of each party to this Agreement and filed with
the Organization. The alternate may attend any meeting of the
Organization and, where the regular member is absent, vote on
behalf of the party the member represents. If an Organization
member is also an officer of the Organization, the alternate
shall not be entitled ta serve as such officer.
2.4 Term: The members of the Organization shall not have a
fixed term but shall serve at the pleasure of the governing body
of the party appointing such member to the Organization.
2.5 Vacancies: A vacancy in the Organization shall be
filled by the governing body of the party whose membership
-4-
17D
position in the Organization is vacant, within ninety (90) days �I
after the vacancy occurs. _
2.6 Compensation and _Expenses: The.Organization .members
' � shall � ��iot ���be �� ent•itl:ed to comp��nsation' .or� reiinbursement 'for �' �� �•
expenses incurred in attencling meetings, except.to the ex�ent
� that the .go.verning body �of .a party. m'ight determiMe to compensate� �.
or reimburse the expenses of the member it appoints, in which
case the obligation to make such payments shall be that of the
0
party not that of-the Organization.. ' . �. �
� 2.7 Officers: The Organization shall elect from its
membersh:ip a chair, a..vice-chair, a. secretary and a treasurer
and such other officers as it deems �necessary to reasonabTy�.�
carry out the purposes of this Agreement. All sueh officers
shall hold office fo:r a. term:of one year and until.their
successors have been elected and qualified by the Organization.
An officer may serve only while a member of the Organization and
may be re-elected to an office. A vacancy in an office shall be
filled from the membership of the Organizatiori by election for
the remainder of the unexpired term of such office.
2.8 Quorum: A majority of all voting members to the
Organization shall constitute a quo•rum, but less than a quorum
may adjourn a scheduled meeting.
2.9 Meetinqs: Regular meetings of the Organization shall
be established by the Organization. Special meetings may be
held at the call of the chair or by any two members giving not
less than forty-eight (48) hours written notice of the time.
place and purpose of such meeting delivered or mailed to the
-5-
17E
office of each Organization member. A11 meetings of the .
Organization are subject to Minnesota Statutes, Section 471.705
�_ and shall be conducted in accordance with� Roberts Rul.es :of
� � Order :� . • : � . • . � • . . � � . . . - . . . , . . . • . , . . .
2:10. Orqanization Office: The office o.f the Organization
� sha7.l. �be determined by th� �Qrgani�z.at�o�_oi� •an annual.. 3�asi�.� .A1.Y":� •�
notices to the Organization shall be deTivered or s�erved at said.
office.
� SECTION III �
- POWERS AND DUTIES
� � 3, 1 Upon execution: of :�this Agreemerit, by the parties, the ��
. �� �Organization��shal�l �have• the� �authority �as�: fdllo�vs: � . ��. . � '� ' � ' � ' � '
� A. The autho��ity to prepare arid adopt a.Waters�ied
Management Plan meeting the requirements of Minnesota i
Statutes, Section 103B.231.
B. The authority to review and approve local water
management plans as provided in Minnesota Statutes,
Section 103B.235.
C. The authority of a Watershed District under Minnesota
Statutes, Chapter 103D, to initiate and complete
capital improvement projects and regulate the use and
development of the land when issues cannot be resolved
at the subdistrict level.
D. Other powers necessary to exercise the authority under
clauses A through C including the power to enter into.
contracts for the performance of functions with
governmental units or persons.
3.2 Subdistricts: (a) Each member of a subdistrict shall
-6-
17F
�
advise the other members within the subdistrict of any changes
to the Local Watershed Management Plan or changes in land use or
zoning involving more. than one acre. Responses will be
�. sul�mitted �wit�iin::�t.en. �(10:) . days. ��Failure� �o. �re�spond.shal•1 'imply ��:�
aPProval. . . .
(b) The member.s� of. the subdistricts sha11 attempt to
resolve any disputes. involving the Watershed Management Plan.
If the issue cannot be resolved, it will be presented to the
Organization for decision in accorda�ce with the provisioris of
Section 3.6 of this Agreement.
(c) Disputed changes involving watershed management issues
shall not be�const�mmated until the dispute is resolved.
3.3 Employment: The Organization may contract fo,r
services, may utilize existing staff of the parties, and may
employ suCh other persons as it deems necessary. The
Organization shall at least every two years solicit interest
proposals for legal, professional, or technical consultant
services before retaining the services of an attorney or
consultant or extending an Annual Services Agreement as provided
by Minnesota Statutes, Section 103B.227, Subd. 5. Where staff
services of a party are utilized, such services shall not reduce
the financial commitment of such party to the operating fund of
the Organization. Where the utilization of staff services is
substantial, such services shall reduce the financial commitment
of such party when the Organization so authorizes.
3.4 Committees: The Organization may appoint such
committees and sub-committees as it deems necessary.
3.5 Rules and Requlations: The Organization may prescribe
-7-
17G
and promulgate such ru�es and regulations as it deems necessary
or expedient to carry out.its duties and the purposes of this
. Agreernent.. . . . . ' . . . .
� . 3..6 ' Review •arYd Recommendat.ion's.: ..(a) Where th� OY'ga.ni.zation �
is authorized or requested•.to review, make recommendations,
� - arid/or resolv� anv �►attez, the. Organization. shall . act on. such. :
. matter within.seven.ty (70) days of. receipt of tfie matter
referred, unless the Organization requests and receives from the
referring party an extension of time t.o act on the matter
+ refe�rred: If the.matter involves works of improvement .pro�ects,
the Organization may establish a time limit for resolution to
� allow for appropriate engineering review and analysis:
(b) Where the Organization r�akes recommendations or
decisions on any matter to a party, the governing body of a
party choosing not to act in accordance with such
recommendations or decisions shall submit a written statement of
its reasons for doing otherwise to the Organization within
twenty-one (21) days of the Organization's action. The
Organization shall review the written statement and affirm or
modify its recommendations or decisions within twenty-one (21)
days after receipt of the written statement.
(c) The decisions of the Organization shall be determined
by a two-thirds (2/3rds) vote.
3.7 Financial Matters:
Subdivision 1- Method of Operation:
(a) The Organization may tax and receive mo:�ey, in
equivalency thereof, from the parties in accordance with
:
17H
Minnesota Statutes, SecLions 103B.205 to 103B.231, at the
d.iscretion of the parties and said funds shall be due and
bayable on the date that taxes would normally be received by the
Organizat�ion. " ' � .
(bi The Organization may apply for and receive funds from
any other source it may approve.
(c) The Organization may incur expenses and make
expenditures and disbursements necessary and inci:dental to the
effectuation of the purposes of this Agreement.. Funds may be
expended by the Organization in accordance with procedures
established herein.
(d) Orders, checks and drafts shall be signed by the chair
or vice-chair and the treasurer. Other legal instruments shall
be executed on behalf of the Organization by the chair and
secretary.
Subdivision 2 - Operating Funds:
On or before August lst of each year, the Organization shall
prepare an operating budget for the following year for the
purpose of providing funds to operate the Organization's
business. Annual administrative expenses sha11 be budgeted and
borne b� each party in proportion to its current assessed
valuation under the jurisdict.ion of the Organization as compared
to the assessed valuation of all property under the jurisdiction
of the Organization. The budget shall be recommended to the
parties for ratification only upon two-thirds appraval of all
voting members of the Organization. After approval by
two-thirds of the parties, the Secretary shall certify the
recommended budget to the County Assessor on or before September
.
:s'�
171
lst of each year. The Organization shall receive the amount
owing through taxes unless a city requests separate billir_g,•
whereby the Organization shall �otify the County Assessor.�.pf �.
� _ -this cliange and obt,a�� .payment' � iri.• t:wo equal � instal,Iments�;- •t1-te � :' ' ' •
f.irst on or before January lst and the seconcl.on or before July
�� �. lst in a�ccordance with the :tax .year� .for which: the .�amount :�d�e� _�is� . • �
. being paid. .
Subdivision 3- Cost for Review Services:
(a) When the..Organization is authorized or requested to .
undertake a review, submit recommendations to a party�or resolve
'� an issue as provided in this Agreement, the Organizat�ion shall
�� conduct su:ch review, without charge�; except as p.rovided below. �
(b.) Where the project size and. complexity of review are
, deemed by the Organization to be extraordinary and substantial,
the Organization may charge a fee for such review services, the
amount to be, based upon direct.and indirect costs attributable
to that portion of review services determined by the
Organi:zation to be extr�or.dinary and substantial. Where the
Organization determines �hat a fee will be charcred for
extraordinary and substantial review services, the party to be
charged shall receive written notice from the Organization of
the services to be performed and the fee therefor, prior to
undertaking such review services.
(c) Unless the party to be charged objects within
twenty-one (21) days of receipt of such written notice to the
amount of the fee to be charged, such review services shall be
performed and the party shall be responsible for the cost
-10-
17J
� - i
thereof_ If the party to be charged objects to the proposed fee
Lor such services within twenty-one (21) days and if the party
and the Organization �are unable t�o a.gree on.a re�sonable
�alterriative, ainbunt fqr' .��eview serv-i.�es; ' such � ext'raordinary � and'� � '
substantial �eview services shall not be undertaken by the
Organization. :
3.8 Annual Accounts: The. Organization sha�l make full and
complete financial accounting and report to each party annually.
All of its books, repor.ts and records shall be available for and
open to examination by any party at.all reasonable times.
3.9 Gifts, Grants, Loans: The Organization may, within the
scope of this agreement, accept gifts, apply for and use grants
or loans ot money or other property from the United States, the
State of Minnesota, a unit of government or other governmen�al
unit or organization, or any person or entity for the purposes
described herein; may enter into any reasonable agreement
required in connection therewith; shall comply with any laws or
regulations applicable thereto; and shall hol.d, use and dispose
of such money or property in accordance with the terms of the
gift, grant, Ioan or agreement relating thereto.
3.10 Contracts: The Organization may make such contracts
and enter into any such agreements as it deems necessary to make
effective any power granted to it by this Agreement. Every
contract for the purchase or sale of inerchandise, materials or
equipment by the Organization shall be let in accordance with
the Uniform Municipal Contracting Law, Minnesota Statutes,
Section 471.345 and the Joint Exercise of Power Statute,
-11-
17K
Minnesota Statutes, Section 471.59. No member or employee of
the Organization or Officer or employee of any of the paxtie.s
shall be directly or indirectly interested in any contfact�made. �.
� by the Orga�izat.ian..� ' . . . . . . . ' � .� . .
3.11 Works of Improvement: (a) All capital improvement
prbjects affe:cting the�� adoptec�� Watershed Management i?�ar� 'shaZl. ..
be reviewed by the Organization to insure they are� not in ��
conflict with the Plan. The Organization shall act on said
projects within seventy (70) days.
(b) Projects for protection and management of the natural
resources of �the Wa�ershed Management Area, including but not.:
� limited to, improvements to property, land acquisition,
easements or rights-of-way, may be initiated by:
. . (1) Subdistricts in.which the improvement is located;
or
(2) Recommendation of the Organization to a party or
parties; or
(3) Petition to the Organization by the governing body
of a party or parties.
(c) When projects are recommended by the subdistrict, the
parties involved with each subdistrict shall endeavor to develop
and agree on any projects including the extent of the project
and the financing.
(1) If agreement is reached, one or the other of the
parties shall design and cause such work to be done and
certify said costs to the Organization for
certification to the Count.y and/or billing to the
parties including engineering costs, if so agreed upon_
-12-
17L
(2) If agreement car_�ot be arrived at amongst the
subdistrict parties, said project may be appealed to
� �he.Organization for.resolution in accordance with the
� -� provisions of. 5ection 3.�6 of rhis Agreement.: '�
(:d� When projects are reco:�:mended by the organization, and
it determines that the benefits from the improvement will be
local, or �not affec�.properties outside the boundaries of the
party in which the improvement is to be established, the
Organization shall recommend such improvement to the party which
the Organization determines will be benefited thereby, with the
total estimated cost of the improvement and a description of the
benefits to be realized by said �arty.
(e) When projects are recommended by the Organization, and.
it determines that benefits from the improvement will be
subdistrict wide or realized beyond the boundaries of the party
in which the improvement is to be established, the Organization
shall recommend such improvement to each party which the
Organization determines will be benefited thereby. The
recommendation of the Organization sha11 include the total
estimated cost of the improvement, a description of the extent
of the benefits to be realized by each party and the portion of
the cost to be borne by each party in accordance with the extent
of the benefit to each party as described by the Organization.
(1) Each party to whom the Organization submits such
recommendation shall =espond within twenty-one (21)
days from receipt of such recommendation.
(2) All parties to whom such recommendatians are
directed shall ratify and undertake said improvement,
-13-
17M
or the Organization shall resolve the issues in
accordance w.ith the provisions of Section 3_6 of this
, . Agreement. � � � �
• : .� • � . (f) ��Wh�n projects �are ��nitia�ec}. �by .the .gdverning �body. of.:a' ��
party or parties to this Agreement, said party or parties shall
. . . s�.b.m:it a pet.it`ion to ��tl�e ���Orgarii.zati�on -s�e�tti�ng for.th a
description of the proposed project, the benefits to be realized ��
by said improvement, its �total estimated cost and a proposed
cooperative method for�implementation of the improvement, if
'..app.iicable.. The Organization shall review and make �
. . recommendations on the proposed improvement and its compliance
with the Organization's mariagement plan in accordance with the �
provisions of Section 3.6 of this Agreement.
. (g) When a proposed improvement may be..eligible for federal
or state funds as a cost-shared project., the Organization may
apply for said funds subject to the Organization's ratification
by two-thirds (2/3rds) of the members. (See Minnesota Statute,
Section 103B.211 (1) (C) .
(h) The Organization is further authorized ta.undertake
experimental improvement projects within the Area to serve as a
basis for evaluation of other improvements by the parties. When
the Organization determines to undertake an experimental
improvement project, it shall follow the procedure outlined in
Section 3 _ 11 (e) .
3.12 Maintenance of Improvements: (a) The Organization
s.hall levy taxes for the maintenance of facilities within the
jurisdiction of one of the parties upon request of the governing
-14-
17N
body of said party. In addition, upon agreement by the parties
within a subdistrict, in any mannPr agreed upon by said parties,
the Organization shall� levy taxes�withiri the subdistrict as
� � requested by the parties_�. :. � ... .
(bJ This Agreement shall not precl'ucle any subdistrict's
members from enteri:ng into J_oint Powers Agreements f.or
operation, maintenance, or improvements within the subdistirict
to the extent they do not conflict with rules, regulations, and
the capital improvement plan of the Organization. Such
agreements shall not require approval of the Organization._
3.13 Insurance: The Commission may purchase property and
public liability insurance as it deems necessary.
3.14 General: The Organization may take all such other
actions as are reasonably necessary and convenient to carry out
the purposes of this Agreement.
SECTION iV
ARBITRATION
4.1 The parties to this Joint Powers Agreement agree that
any controversy that cannot be resolved between the parties and
the Organization through the review and recommendation
procedures outlined herein shall be submitted to binding
Arbitration. The Uniform Arbitration Act (Minnesota Statutes,
Sections 572.08 - 572.30) is adopted by the Organization as the
authority to be followed in submitting all controversies to
Arbitration. The result of the Arbitration shall be binding on
the parties and the Organization. Arbitration shall be by a
-15-
17�
I : ....
paneZ of three arbitrators. The parties and the Organization
shall each select one arbitrator to represent its positi.on in
the con�:roversy.' T.he�two arbitrators shall then select a.�h�rd`
arbitrato��; ; �•rid' � iri� the event �hey .are � iinabl� .to agree on �� �th.i�rd �
arbitrator, either sid� may petition �the District Court to
appb�nt �a :t.h�i�d- .�rb3��ator. � Thereafter, Arbitration�"�ha�1��� �
proceed as outlined in the�Unifor.m Arbit��ation.Act. .
SECTION V
TERMINP;TION OF AGREEMENT�
5.1 This Agreement ma.y be terminated by approval of
two-th'irds vote of the governing bodies of each party �hereto,
provided that all such approvals occur within a ninety (90) day
period:
SECTION VI
DISSOLUTION OF ORGANIZATION
6.1 Upon dissolution, all personal property of the
Organization shall be sold and the proceeds thereof, together
with monies on hand after payment of all obligations, shall be
distributed to the parties. Such distribution of Organization
proceeds and monies on hand shall be made in proportion to the
total monetary contributions to the Organization made by each
party. All payments due and owing for operating costs under
Section 3.7, Subdivision 2, or other unfulfilled financial
obligations, shall continue to be the lawful obligation of the
parties.
-16-
17P
sECTZON vzz
AMENDMEN�
7.1 The Organization may recommend ehanges.in and
• �. � • . � ��amendments . to �this. Agreement�.. to �. the=. goverrring' �bbdie� of � Che
� parties. Amendments shall be adopted by a two-thirds (2%3rds)
�� vote of. the: governing bod'ies of. each -party within riinety (90)
days of referral. Amendments shall be evidenced by appropriate
resolution of the governing bodies of each party filed with the
Organization and shall, if no effe�ctive date is contained in the
amendment; become effective as�of the date all such filings have
� been completed. �
SECTION VIII
AGREEMENT
8.1 IN WITNESS WHEREOF;.the parties hereto have executed
this Agreement as of the day of complete execution hereof by the
parties.
SEAL
Dated:
SEAL
Dated:
SEAL
Dated:
CITY OF BLAINE
By
Mayor
By
City Manager
CITY OF COLUMBIA HEIGHTS
By
Mayor
By
City Manager
CITY OF COON RAPIDS
By
Mayor
By
City Manager
-17-
17Q
SEAL .
, Dated:. • -
SEAL .
• Dated.
� -
� SEAL � .�.
. Dated: .
CITY OF FRIDLEY
By
Mayor
— BY ' . • _ '
. � , � • � � • � �ity Manager• ... , .
CITY OF HILLTOF
. By. . .
. . . � . May.or� - .. . .
— BY � �
City C er
CITY OF SPRING LAKE PARK
. By - � .
� Mayor.. .
_ g�, . � .
City C er �
-18-
17R
I •. .
Parks
Streets
Mvintenancc
_' .� . .
� - ��w / . .
. M� MORANDUl�i
� TO: . �iliam W. Burns, City Manager �� PW94228
�
FROM: John G. Flora�Public Works Director
�. Scott Erickson, Assistant Public Works Director�.`_
DATE:
SUBJECT:
July_ 11,.1994 .�
Receive Bids and Award Contract for Kerry Lane�Street Improvement Project
No. ST. 199412
On �July �, 1994 at 9:00 am, �bids were received and opened on the Kerry Lane Street
Improvement Project No. ST. 199412. Ptans and specifications for the street improvement
project were sent to eight potential bidders and four bids were received. The low bidder is
Bituminous Consulting and Contracting Company with a bid of $58,150.
Bituminous Consulting and Contracting Company has worked for the City in the past and has
performed satisfactorily.
Request the City Council receive the bids and award the contract for the Kerry Lane Street
Improvement Project No. ST. 199412 to Bituminous Consulting and Contracting Company for
$58,150.
SE/JGF:cz
Attachment
:
'-v
�,.•,
� BID FOR PROPOSALS:
STREET �MPROVEMENT PROJECT - KERRY LANE,
. . . . � . , ,�.PROJECT NO:�S�: 1994i2 . . . - . .. . �
.: . . : . . � . : '. : �. TU'ES�AY, JULY 5, :i994,� 9:00 A.M. . . . . � : � �.
;:::»: :::
-:::;::<>;=::::;��:;<::::: »::<:;:;:>,
- :;_<,>:
. .... .. .:
.... ..
;... . : .. :.: :.; . : ::.: �:> ;:: .
< :::.. ::::::..
. .; : ... .. ..... .:.:;. .:::
. .::::: ...:;:..::: :::.: >:.:..
. .. .: :,.:;::<.;.<;<:� : »:>;:::>:,
.::.::.:: ::::>:.;:: <;:::<::»::::><::<.:< :: :: :::... ..... :
� <:::;:>:::>::::>
, . « ;: ..<.;:::: ::: �<:<:::;::;:: :::<:»><::>::> .:. , : .. , . .
<:>::;. :>. .:
}� .;;>;:. :.:...:::. .::. ::::.:::::: jj/� k y�
�:::.:_:C..�.::w:i::..::._:: �::. . . . 'F �.i:''i] .. ..::j::i:�:i�i:ti�::i::�i::j::i::ii:i::i:i:: . ....... .. 1�� �..}.:::..a.: .:::::�::::...: ..: �.:{.i... :::.i3i:ii:::'.i::.:i�:n . ..:� :::!.�!��'::::::i .
.........ii:}:i:.::::!Oiii:ii5����.,W����:v.�::::ir�.::::ii:} .i:4ii%'.:i:�j:�:: .�1:.1�IC.::::pii:::�:::.::ni: .. : :. i. ... :i:Cii:ii:�p:.:.. . ....1. .: .. .:.::
......... .. .. ...:::::.... }...............�... . ..:::... �����.;��:�.::: :•::. :.::��� . . . .1:1��. :M::!.::
� :v:x::.�:.�:: i... ...n .....::::: .... ............ �........ ,.:.w::...................... .i: •:::::: ......nv ::i•:'-:
.y::.;.. :n�n .:.....w........
� �Bituminous Consulting & Granite Re�lns $58,150 � � �
Contracting Co � 5%
2456 Main St NE - � �
.Minneapolis MN 55434 � .� � . � � . .
W �B Millet Inc � � US Fidelity � -$63,530 � � . � �
6701 Norris L�l�e �Rd� N�IV 5°/a . � � � . . . .
� - Elk River MN ..55330. . . � � . .� . . ..
Hardrives Inc � American $63,760
9724 10th Ave N tnstitute of Arch �
Plymouth MN 55441 5%
Master Asphalt Co � � � United � Fire & $76,866 � �
10939 89th Ave N Casualty 5%
Maple Grove MN 55369
Forest Lake Contracting NO BID
14777 Lake Drive
Forest Lake MN 55025-9461
Impact NO BID
6301 Wayzata Blvd
St Louis Park MN 55416
Jay Bros Inc NO BID
2209 Phelps Rd
Hugo MN 55038
Valley Paving NO B1D
8800 13th Ave E
Shako ee MN 55379
: �
� '
Apr�i 20, 19sn
CAPITAL IMPROVEMEN� PROGRAM
. ,, PROJECT AREA . � � . � �
. : .: . ,.. . . .. . .
::.:::::.>�:.::..:. .. �
P..�tG����` .t���A; � . .
� STREETS .
�AR. .:: : 1994
10 000
E. RIV�R RD. UPGRADc-PH I(I STREET FUND (94 -�1 , )
*MAIN STREEf � STREET FUND � �, �
1994 SEALCOAT .FROGRAM. STREEf FUND .
*S(GNALS AT UNITY HOSPITAL & �
OSBORNE (EVP) STREET FUND
*�SIGNALS AT WAL-MART - COUNTY
ROAD 5 (EVP) STREET FUND
1994 STREET RECO(�lSTRUCTiON PROJECT �TREET FUND ..
*STINSON BOULEVARD UPGRADE STREET FUND (110,000.00)�
*KERRY LANE REPLACEMENT �TREET FUND (75,000.00)
*CONCRETE STREET REPAIR STREET FUND (250,000.00)
*CENTRAL AVENUE BIKE PATH STREET FUND (65,000.00)
(50,000 GRANT)
*SIGNAL (EVP) IMPROVEMENTS STREET FUND
*UNIVERSITY AVENUE BIKE PATH STFtEET FUND�
� (60,000 MATCHING GRANT)
TOTAL PROJECT FOR
>:Y�Rx'::''> 1995
1995 OVERLAY PROGRAM STREET FUND
1995 SEALCOAT PROGRAM STREET FUND
1995 STREET RECONSTRUCTlON PROJECT STREET FUND
*SIGNAL (EVP) IMPROVEMENTS STREET FUND
TOTAL PROJECT FOR
:��R�:;�::::� 1996
E. RIVER RD. MEDtAN UPGRADE STREET FUND
1996 OVERtAY PROJECT STREET FUND
1996 SEAI.COAT PROGRAM STREET FUND
1996 STREET RECONSTRUCT PROGRAM STREET FUND
*SI�NAL (EVP) IMPROVEMENTS STREET FUND
TOTAL PROJECT FOR
' NEW PROJECTS � ��
275,000.00'
1'10,000.00 ° � �
224,000.00 �
11,000.00 .
40,000.00
500,000.00 .
24,000.00
60,000.00
$1 244, 000.00
90,000.00
140,000.00
500,000.00
36,000.00
5766,000.00
55,000.00
100,000.00
146,000:00
500,000.00
� �40,000.00
$ 841, 000.00
I '" � ' � � - r C /Yf (J > -.
\ v // Q �
� � � �\'' \, p' � � / � , ''. 'QE � � �. . � L A K�'� . . m I . — -
S- v'S' r D� T i.�l 1
� \ ^ � . , o_ - '`F , � ' Ni�,y� � � . . - _ .v �. , :` . a� ,, _ i
� J � � __ ��. _ � �, ,: Y ,allo,s� - � sr� � A pa� . _:
C� i . ' � �'' � �
f, p ' _. - ` 0 • D��$'�. : • PtERCE . , . ST. : -,��
� �i.. i„ o ,... ,�..�� . :; 5�;� �:: �};' �e;' `o�,
C.... ,°� .. � ^'�.> ;o.i ��oc.,. �^;e�,�la j�, t�(;^sa..'
` , ,,. � . �`y - ^- -- , _. �, y : � �z�� ` s �
� y N. V,J � _ _ i'' 4�i m i,..��t '. �'' '� Z. .
. � � _ ` . � , --- � ii� �� `� �. O V �` . . .
• • ` ' ±; �� �: t �: .p. � � v n � \ � � v � ' . � .
� j 1 '�;.'�� ��,.� �G �` x (�% �� ^ � �
�:;� =���� � °- �r �' .. � �-� _
. ,t �� . . ._.. , M �� �`
1 ^ .-_�----�-e�ia�av�rt+'t�. ,�—:- -;��--.--eet�="s`�i�#�"i4��r-r�o:3s------�-- � ..a
� � �=A = � � .� - ,� ; ' t;�:. "', . .r. ... .,, �� -- �
14.1 'J �l�lb ie ' /:e. �tf .Jl. :JX � /
p v f �r n. ` ,y . • 2 ; = I '� �, . , � � . �
� /� ! '+ O ' �y " C, ':.� D ' � D : ;': t :: }<• ' '� � ` {
F- O , . -�1 , C . � i i ♦ �
_ �� -( 4 0� �.�! :fi�'T' � .
� �N '`� °; cd,��A: •°g I. �..a � � � � o
/ �' i � �
J ��. � :; r •- ., ��ia m i, � 2, m : � �, t ., �GO. a' - � \ � -a "
. ��'• I'��i. S D �' ��. ; :`. ) . 7 i � I` y: . � ',t y � �.�� ... . �
� �r .\'\ �� \fc` .� �y t N — __--___ � ` ' � _ ` __' ! V � .
` � "?�� o „ , u.,, 1 ; � �: Z . �
•� ��.� � � ;i ; � ------' — y = � - - - .. , I � � i
� � �1' ` r�~R .��� ����. i � b � � � a w. .. . J•- _
^ i� �fe . � I ' W \' � \
; � � - � , � ,------- �C-- � ,� ` a 1 ? a : � �.. �
� � `m � ; � y. ; : c � . � • .� m I
4� ` � � = j tS � �.9.` ` ,� m , i t � � �s , � '� r � - j �
� • � l _ �i f.-r I � N ` �," "' '" .'"\ l'�` .Z ' .i I ....
� � ' ' � � :1' T i
�� ... . � .. .:. ;,. � S •_ �� . -Z R'� . � • k �
�� Z y � �r, � Z -py t- , -� :I � • 2;: � � � • % �i \, s �
� � �=' r' J .�.� ?i'• ` `' � Z .
j �j ,-� �� a � � a' � g _ , _ . . .
d ° � V \
' .._- ,e, °`3v\ -�c� �o' � m � f ,i .n --T� � '� 'I � _ �
O ` e . i � � _ 1 Q' .��. � • �. 2 , ` J .
` ti �, ; ` ��',V ,. , l N - � - ' ° � �;=`—`-- `
} i, iS o:� .�b� ���,=�Fa`��.Y `te �`Sr`'. ` ^ , ' J N y
�p` ' ...:: � KERRY^,° � ` _ A — _ � — r � ., �
f �`- f� �,�' 3 y f � � �i ` �� ' ' _ � �� " � -. . tn
. �'�.q'.ti^. a.` �� <� c.� `ti� '� - `Jr
� ' �� .yc : .� ,V �.. .._`� .r r .:F �Sa .'' ' ..Il. ,Le t- ` •, -_'`�fi'�v`.S'�'7 v '—�.S .
4 �. "� �\. --a�� }7
,� `a` ti �R/ E ,,� � �, � � �C fE� .��C�. z; 03 • : =: .t�. i• ; � , ' ' � , _ ' -' � '� =' � ` ,� v�
�� -• 1 �•f a�" 8 F � a ^a k � a; c� t • _:;, ' � :.. � . ' : J: : a �V � :r� : : R .`,� � : ti� �
�`• ,�' � RICE` ��CREEK 'DRIVE y� ��3: �,� •a �+ ����`.T,: ! '� "� y3 �
Z • ,q`y ; ..,` i i �i: ;4;` n`'�� � ac :.` � c � .��"yytD �` ��-•?a �y��E�`�..'� <.�'� �� �ti +�` � � �
�FSTATE�S � ` �� ALaO/Y� ' � -r.0, �. �; � � s:. ' � y � j� , � t � ��
. x , ~ �� � _,.. . _, _.,, � • . � 1 C._ > Y r' DRIVE ,. , _ E" •
� t �a , �� `� �, + r ;m. .... _ � � ,� y \ � � '� s � �� \ ��a. , t-•,�'-/ f }1'• �
° `� ,� n �1 .E �, ` i;. i'.,'2�... rYr ti � • i. . � � � � � �� q� � A �e r�
: V t ,.., � ~° �,n � ` c ''$ I R E ,;. = • �: :' ` �r..��i. z
� d � � ,�} ' �1 N �^ ' �-� �� ' � ,. � .. .� � �I .� •�,^ ' _ ' � I
. � h� a�' t � �
t�i :�$ °''� `" 3� a.� � � i� ti'.. �+';.Rl'�` �€ ��'• P �`_�:� ` _;�� �: ,�,',�• �24 .�
� � "R " - ` ' - 'v ♦ / � .
� � .. �. ... . . _' ♦ v T `� i \: 'Y�> , J.� O
� i BENJAM(N i r S7. ° '^. " -• -, . � -�
.`: ,. . . F•'� . �� �.� v� Ro i � `.� _ .
... . 1 ,y� � @ �i• a ` i � c ' � � ' 3� Q - >' �';'' '; ,J: � `' ! � ; `'. �
� ;��.° -x o� al "' l ' �. ` ^^ Y .' I F` 'i � ; � .` _ -
c � T . _ :- � '- • ^ � I: ` ` � �, � � y •?-(�i i � , . _
0. � � , g y � 3 a � - `! CJ� ' - i„ Z ' � � �' �_ - ,�-•
�% ,ro� `����?�S`Z e �ci-�-;,V�:• T-):.��` i� ti o �� ti; �� �f t m yi ; �� :; � .a--1. � �
� '^'t .. .� ,.'rel�..' o �' �
� '� l✓,{ : ` ' BR1ARDPlE C01�RJ �;' � � ` "y . - � 1 j i � ,I �
! • `D �B : �1,. %` < � "_ � ��-. ` „ E : ' � -- ' ' l !�l _ \ I � � , ` r r. I
� r � +Iw-� i} .�-.' � 1, it 'J ,. 1 �: ' � ��� ' •' � � i j i ! �
� � " .. � d 7 '"� � � i. - �`- ' r >> g j � t. � � 2 `
9 � � ` � ' a �� S - ' �' i s ,. - ° _ - � �
{ .� .... .� _��� - y .` N .` .. � .s•:i�NY R' ^ ;j� : i...i . ..� ,� ' 1 � — �
j � S LV � .i ~ � ��' �'', \ • �i C
9 �5€ 4 N A'S u� ti s o A D_. �. QA�s; ,: ��?�� t�� ~��- `� ^� C
� � '-` •� c.s r .... _ ,/. ` 'a E .zh�„ S3� `� -a: ` ' v� `��, • � ,i � �,» � �7
� ,._.=a �� `IMIT CITY FFRI L n
� \ a �
; 4�' ^ , ,.. ' `1 % �a
� a _ .. ,. i, �
,�,
�' �
� " c:: ; \\ %%,
18C
Eng+neering
Sewer
YVa;er
Parks
Slregl5
Ma�ntenancc
�i a�■
. .. : . . . ME �ORAl�TDI��'I � .. :
TO: . William W. Burns; City Manager i�� �.. : PW94218.
F '�
FROM:� John G. Fic�ra, Public Works Director
DATE: July 11, � 1994 � � .
SUBJECT: 52nd Avenue Floodway Project
On Monday, June 27, 1994, the Columbia Heights City Council made a decision to proceed.with
the 52nd Avenue Floodway/Clover Pond Diversion Project. Their motion was to have the City
� of Fridley �prepare ptans �and specifications and advertise for bids for the 36-in: pipe from
manhole-to-manhole option with the stipulations that the staffs work with the residents to
prepare a landsc�ping plan and to improve the appearance of the apartment garages by
painting them and tixing the fence. The Columbia Heights Counci! desires to see the approved
landscaping plan prior to bid award and also desire to review the bids prior to final award.
Based upon a Joint Powers Agreement that the City of Fridley has with Columbia Heights
regarding this project, the City of Fridley is the designated agency for preparing the plans and
specifications and advertising for bids.
Recommend the City Council approve the attached resolution allowing the City to prepare plans
and specifications and solicit bids for the 52nd Avenue Floodway/Clover Pond Diversion Project.
JGF:cz
Attachment
19
RESOLt7TION I�U. - 1994
�• � •i :� • � •� • - ti i� • a r �+� •� �.
• i� • � a�•� a+ i�+ • � : ��: � • � i� � �s � r• N � �•
•• I� � .'ll• • • •,� �
T�,S, the Cities of Col�nbia Heights and FYidley, in �, 1991, entered into a
Joint Powers Agreement to address the storm water im�rovemealts assaciated with the 52nd
Avenue floodway arid Claver Pond divexsion, and
�, both cities agree to retain the sexvices of Maier & Stewart Associates, Inc.
(�) � PreP�'e P��rY Plans for the storm water i�rovein�nts, and
W�, the preliminary plans have been reviewed and both cities concur with the
concept of a buried 36-in. pipe along the 52rid Avenue floodway portion of the project, and
W�.S, the total cost of the impravements are estimated at approximately $130,000 to be
shared equally by the two cities, and
i�AS, the City of ColLUnbia Heights, at their June 21, 1994 meetitzg, recannner�cled the
City of FYidley prepare plans and specifications and advextise for the improvement, and
�..5, both city councils reserved the right to award the contract for construction
after bids have bePx� received. �
NC1W, TI�'ORE, BE IT RE90LVED TAAT, the City Council of the City of Fridley, Anoka
County, Minnesota, with the concurrer�e of the City Council of Coltmibia Heights,
authorizes the preparation of final plans and specifications for the 52nd Avenue
Floodway/Claver Pond Diversion Project by MSA, arid
B� IT FU� RESOLVED Tl�iT, aftex review and approval of the plans and specifications by
the Di.rectors of Public Works of both cities that MSA is authorized to seek bids based
upon the erigineering plans and specifications, ar�i
BE IT FURTF�R RESOLVED Tf�1T, upon receipt and opening of the seale�i bids, both Councils
will review the bids aryd give their appraval for the successful bidder arici award of the
contract, and
BE IT FU�R RESOL�JF� THAT, the contract will not be awarded until both �ils approve
the bids, arid
BE IT FURTf�R RESOLVED TI�,T, Resolution No. 20-1993 is superseded by this resolution.
PASSID A1�ID ADOPTED BY TFIE CITY OOUNCIL OF THE CITY OF FRIDLEY TFIIS 11TH DAY OF JIILY, 1994.
�
V/�il�l� M.: ui't YY M�I: 1
WILLIAM J. NEE - MAYOR
19A
�
�o
�a
'�6�� ..r.p � •�y �� =p�`T
� �T' �^
•• �, _ ,� ' �
�,: �. ,S �+� y ,`
t ������ � �'� , �
���� �•�
� �.. , �
� <�� -
�
�
� -`. r— ; , *�- Y �:� „ � 'z.�,e�' �
1e� },; : , �.,�„ �rr•; �'!� � -�i „ vr",;�',� r.
� J t , � � .
1 r / �
`r � ( `
b r J'� � :s � �.�� �, � � - _� t �' a �;'y� : y� � ` -� L ! �f= ,a.
- �,,.y -�: � � . �: tr � � ,'��
�.�' �,� :�,7: - � .a�_;A.
� a: , � } �-� :
y jT��,� �� ' ' ' •tt . . .t; f a 'Jl.l
- '�'r- �, , � ,
..�:. u •'L� • � � 4� .;j:• "N �' . }�L.
, i . � 7�:. ..,t � �
!*� �4 � t� �� i "� 1� '�'.,`+�'`'' ~' .} + , q
�~�#� J L•'� � JY'r�J, �?�.Vil.� 4R '�r
'��' �:•. . — . . { �ic- �,'� _
�,' � ^ra �� '��r�� :. L- - ��.n�r .,� . 4y ..°T
F f �' �j i �,?�•''� t=;, . � ��: y � '� ��2 �` � . -
t � ,,, S � � 4 '=''�y..-.
e� � ! � �
� {
� �� : / ♦ f '+r � .- _ �, L 1�
� Y� .
'` � f , � �" , - �,✓' �' �' . • 9 f ��; � � -� - .� ♦ +i.:�, r
�. ..� � � � a..r, �.. ' � �,�.: ,
�.�•,�, ��� � • �o�.°� �Y�/ �� �` ' �•��' , . ' �i. \
; � �. ,�,. , •2� "' ' _�lr pi � �y ,'.� q��, ' tr•. �fY
��� ��- '�T{,�`..��' SRCIT j`�� � ? �lw'� t �' , /:��.
��~ <.f F. \ � �T �'.�� .;Y'.7 i'�si � ,�_,�� • �S- �c `.t-- �. J. ` ./�. � � .1,�.,
p �' - "�t�f��..I � c w' �.:�' � � } ....� ' n � .
�'� '�`�.�; i: .�;s�' '� .� � �-.3� �!. •t✓,':, , ' _"t :r• . � . �3i. i, �.
��'- y ;,� �' ". .{ A � 1%�'��� �: i ' �:_ ''�e :� , ' �. � i,.y, d.� � ; ��
" i !� t� F, y � �F � ., �► _ , ,,,�����Fu��c . Jr`
.�c `< < � �` ,, 1 �f• .:>;e: �,`-�'� A� i'� �,�r• e
T, S .�,y� �;�r ;; zt�+�,.� F+' � � .c�Y' �
� �: _.� , ��
. � , 1� ru:°' "� 1 ec �., ��-MC•�; 'y>'.,.. �,
�."1':i �, - -`:�;r i '_ �� �' ' r,�. � N:L -��..3 � �9�h y�l a� r.or
�n 1 � d M .4 � -�•.�t 'l� �yT .�tis `�
a'1 , 7-'F�.a,.? r r �. � _�t�
h j� •� "�'.9"�*n�K �v e+� ��:n �„`,:5 � ,i..
�i��,�rsyn, v�r� �'" � ' - �' � ,� � � :
: ( t l�.., �, .. � � �r� , t �1, �
r � ryib..a 4 �) .Ra � /,, , �,' !� � ��, l`•��i ; + "�
F. :."�.{�1N,`'� �> > � �E _ � , �'i b iP�y� r � ± � �j � I � .�{
�. �� •�l'� /! � � � � �; �� ��� ��ti,
�•.. � �� j . ,' ' r "' � . . � Y tt�fj.-�
� - ��j � . ��� j�� 1,�¢ ,.� : j�n. ��n f ��;��"' 'S ✓,. ',
; �c, �� / �: j �i i d � , .k�t, A J�•, � �� ,�
��# •'•i � ��. �: 1���1(��',:,' N .. .>i,,..,lt� `�'����
A , �S •�
�� . � ' �� � �r�l
,• M,.. '•a � ,,,,.11"'�w-.NJ�y��,j � � 1�, 1�� �.;.'�!r v� '. .
� �e. � E'�� -j• '?. t f'7'�� - � ' • •
� ,�.. .a, � � , . 1�,�� 1 � � 4. .1 �,
�, t; � �'Yy... �� �•rw �,
.. ,� ,ty1w /'' :'�c.�'^�t, (�� '
\i '•�f
• r. i , • X�� •� �' � �
o ..0 , � ; �. ��+ . r
v fe' #+; � } � �n
- " 1 , ..,.ta, t '�`;'.;,
,;?n�_�., . � t \/�1� � �� �• t ' ��pr��I > . if .
p _ ; •+~ .,.: , '��1. .�: . .t �
F �it�� ' t � �:
; • ,��� ~��f f•.. �j^ .r ._1:'�r���.�; .•:,
, S. � .. � ��4� .: !! t . v +
v. • {, �� n,�� � .
14�'� .��,��. 'Y ti. � `�7� , ± �r;; � ` ,
tJ � j � ,�; ,�' �. l�Ln_::
T. ��_r .:] �c�,if . R •
� Ill��.. ' !ty • �i ' ti'+� � ''�� 1 � r�`'� ` � �'
,
'.4, ��i� �� �?�'t� };�.�1%' � �i . � � . � 4 ��� ._� '��,41. �,�' A �'`1 . .1
, +� � _ lt� ��. �t''� ' , "F '� ' "
��, I� ���� r . �. .,�
:' �x '="h� �tij '�,, r� � M-' �� '
�.;:�'�'y;� .��� ; �SE,� :; �''� �•�� :'�.
�� � � ''` ; ' � ` • t� \W :.
�,,,�J� �. � � .,
�..,- � �r�',�'�. �?�l;.ri • st-�.;;'�'1 • ...., f'.�
�t i t
� �� �i' i. I`,�' �)`.� ` �Q�.. . ((^^y` � '� f�a, �� f� j. ji �
� i ;1� � .�` ' � '�' ��' . .y. rp".
T� � ,., �� �. : c+ r � . �s:: ; ��
� '�.' ��t�/ F� ,.r�'t, e ��..,R .:�
� t r,. , .�'•,tl.��;
i �
�
MEMORANDUM
_ Municipal Center
_ 6431 University Avenue N.E. Office of the City Manager
Fridley, MN 55432
� . � William W. Burns�
C��i�F 1612j .571-3450 � . ' � � • .
ERIDLEY . : � . � . . . . . . . • . .. , .
TO: � The Honorabte Mayor and City � �ouncil � � � � � � � �
FROM: William.�W. Burns, City Manager .�� ..
� �
DATE: . July 8, 1994 . �. . � .
SU�BJECT: Business Landfilf Coalition � � �
Some time ago, I. asked each of you at a conference meeting whether or not you
wouCd be.willing to haye the�Citjr proy�de a$500 donation to the�Business Landfill ��
Coalition. If you are willing to do this, we would probably take the money from
the the non-programmed studies budget. Please note the attached letter from the
Chamber of Commerce and a memorandum from Bil! Hunt that explains this
matter in more detail.
You may recall that during the last legislative session, the Business Landfill
Coalition and others were successful in getting the State of Minnesota to shift the
burden for the Oak Grove Landfill clean-up from the business community and
governmental units to all ta�cpayers.
Thank you for your consideration of this matter.
WWB:rsc
Attachments
�
�,�'' �Nq� Fridley Chamber of Commerce
o �
LL� � 6401 University Avenue N.E.
o■ � Fridley, MN 55432 .
�oMMEP (612) 571-9781 . �
April 7, 1994 ._ _
:� . _
: �.
Bill Burns
City of Frildey
6401 University Avenue NE
Fridley, MN 55432
Dear Bill.
� � � - ''"; _"'1
�
1�'`� �
., ��: ':i ;; . �
� 3 �.S/l�1:����
r::
b<,': i ' .s�, ' —ti'' " � .
.,�:.
As you know, the Fridley Chamber of Commerce has grouped together
with other chambers and.business organizations in our area to
form the Business Landfill Coalition. This coalition has been
dedicated to obtaining meaningful legislation passed c.oncerning
the cleanup of landfills in Minnesota.
The Business Landfill Coalition is requesting a$500.00 donation.
from your city to be applied toward the coalition. Other public
entities that have contributed or plan to contribute include: the
City of Blaine, City of Ham Lake, City of Mounds View City of New
Brighton, City of Anoka, and the City of Andover. The coalition
was established to fund lobbying efforts for alternatives to the
Superfund Cleanup. Al1 moriey raised will go and is gaing toward
paying our lobbyist, North State Advisors. To date, we have
raised close to $17,000.00 of the $20,000.00 needed to fill our
commitment to North State Advisors.
This effort was established in response to the Oak Grove cleanup.
Many business establishments in the Fridley Area have been
impacted, as was the City of Fridley, by the situation in Oak
Grove. To date, over 140 businesses and public entities have
s�rt � m m�nPy in Z'PSL�nYI�P to this issue.
If you have any questions concerning this issue, please feel free
to contact me at 571-9781. Thank you.
Most Sincerely,
Ba ara J Warren
Fr'dley amber of Commerce
Executive Director
2�/�
�
_
��� �F.
FR1DL"EY .
MEMORANDUM
Municipal Center
6431 University Avenue Northeast
Fridley, Minnesota 55432 .. .
(61.2) 572-3507 : � .
FAX:• .(612) 571-1287 � . .
William C. Hunt
Assistant to the City Manager
: ��
MEMO TO: '�AILLIAM. W. BURN$, � CITY MANAGER �1� �
WILLIAM C. HIINT, ASSIBTANT TO THE CITY MANAGER,: ��i'1'
FROM: , � , �
. �
SIIBJECT: BITSINESS LANDFILL COALITION
DATE: APRIL 22, 1994 .
For more than a year. the Fridley Chamber of Commerce has worked
toward an alternative to the Superfund for clean-up of landfills.
Anoka County is one of the first areas to be hit hard by the clean-
up costs which have more than doubled because of the cost of
litigation. Most of the cities around us were shaken down for
clean-up of the Oak Grove Landfill,�and they have�been very active
on this 'issue as well. �
One of the problems in coming to a legislative alternative to the.
Superfund process has been the Minnesota Chamber of Commerce. In
an attempt to influence the MN Chamber and to provide an
alternative business perspective at this year's legislative
session, the Anoka County Chambers of Commerce (Anoka Area, Anoka
County, Columbia Heights, and Fridley) took the initiative in
setting up the Business Landfill Coalition ta develop a legislative
alternative to the Superfund process which had a chance of passing
both houses and being signed into law by the Governor - no small
task. The Coalition engaged North State Advisors to lobby for
them.
The Coalition has worked closely with the legislators from Anoka
County, representatives from city and county government, and the
Pollution Control Agency. Anoka City Manager Mark Nagel has been
particularly active in the Coalition. I have served as an
informatior� link between the Coalition and the League of Minnesota
Cities' Landfill Clean-up Task Force.
In my estimation the Coalition has performed an important function
of bringing the MN Chamber closer to a practical solution to the
landfill clean-up problem and away from doctrinaire business
positions. Lobbying will be particularly intense in the last few
days of the legislative session.
I think a$500 contribution from the City of Fridley to the
Business Landfill Coalition would be money well spent.
�
_
ci�nr oF
FRIDLEY
MEMORANDUM
Municipai Center
6431 University Avenue Northeast
F[idley, Minnesota 55432
(612j 572=3507
FAX: (612) .571-.i 287 . .
William C. Hunt
AssisL-�nt to the City Manager
Memo To: William W. Burns, City Manaqer„�
��
From: William C. Hunt, Assistant to the City Manaqer�%�^ f
Subject: 1994-199.� Contract with the Twin City Area •
Urban Corps "
Datez June 22, 1994
Each year the City of Fridley enters into a contract with the City
of Minneapolis to participate in the Urban Corps Program. As a
participant the City can employ students who have Federal Work
Study Grants to work as interns. The City pays between 46.5 and
71.5 percent of the salary, and Federal Work Study money makes up
the difference. For example, a student from the University of
Minnesota might receive $5.75 per hour for intern work and the City
would pay $2.97 to the Urban Corps. The Urban Corps takes care of
payroll taxes for the interns. We are responsible for worker's
compensation insurance.
In order to participate in the Urban Corps program, it is necessary
for the City of Fridley to contract with the City of Minneapolis.
The required contract is attached.
I request that you present this matter to the Fridley City Council
at their meeting on July 11, 1994 for a motion authorizing the
Mayor and City Manager to sign the attached contract with the City
of Minneapolis.
WCH/ j b
�
1994 1995
AG�2F,EMEN'T �OK PAR'C[CIYATIC)N IN UR[iAN COttPS f'RO(,iZAM
E3ETWEEN CI'I'Y QE MINNEAPOI�•IS AND 1��� CITY OF FRI�DLEX
� ' TE{.IS AGRGEMENT is eutc:red into tfiIs day of i9
b an between the City of Minneapolis (herein called "Urban Corps") and
tyhe �ity of Fridley
(hereirt callec� "tlgency" ) .
WHEREAS, the above named Agency, a publlc organization or prfvate non-profit
tax-exempt organization, desires to participate in the Twin City Area Urban Corps
and in consideration for the assignment of Urban Corps student interns to the
Agency, we do hereby agree to the Pollowi.ng terms and conditions:
1. The Urban Corps shall have the right to approv.e or reject requests for:
interns submitted by this Agency upon forms provided for that purpose by the
Urban Corps. _� . _
2. The Agency will accept a student as an intern by completing and signing the
Assignment section of the student's Urban Corps application form.
3. The Agency shall utilize such studenta as may be assigned to it in ac-
cordance with the specifications set forth in its written request to the
Urban Corps, and ahall immediately notiPy t_he [Trban Corps of any change in
nature of assignment, duties, supervisor or work location.
4. The Agency shall provide such atudents as may be asaigned to it with a safe
place to work and with responsible supervision.
5. The Urban Corps shall have the right to inspect the work being performed by
auch students as may be assigned to the Agency, and ahall have Che right Lo
interview such students and their supervisors.
6. The Urban Corps shall have the right to require such students as may be
assigned to the Agency to attend such general or special meetings, or to
appear at the Urban Corps office, individually or as a group, as shall be
neceseary for the proper functiona of the program.
7. In accordance with the cequirements of Federal and State law, work
performed by a�ch students ae may be assigned to the Agency shall:
a. Be in the publlc interest;
b. Not resuit in the displacement of employed svorkers or impair existing
contracts for services, or fill positlons that are vacant because of a
labor dispute:
c. Not fnvolve the construction, operation or maintenance of so much of
any facility as is used, or is to be used, for sectarian instruction or
as a place of religious worship;
d. Not invoive any pactisatt or nor►partisan pvtitica�t acttvity or t�e
Por the Office of Education.
21A
8. The Agency shell rrrquire sucii sl.u�lc��ts as may L�c assigueci tu it t:o submit
time reX>orts and follow suc(� uther ��rocedures as mey be estatil isi�ed by ttie
Url��in Corps _
9. 'Cl�e Uz�t�an Corps sh�Il have lhe rigiit to remove any studeni a4siguecl tu Lhe
Agency from� said assignmenC and from� tt►e Agency .at atiy Lime fur any reason
Without prior notice; and the�U�l�an Corps sh�iil not�be obl.igat:eci to rep�aee
sa.id stiudent_ �
10. The Agency shall have the righG Co remove titly ' 9LU(jP.(li �ssigned to said
Agency at any time with prior notice given to the student ar►d the Urban
Corps.
11. The Agency warrants that it is in compliance with tl�e provisions of the Civil
Rights Act of 1964 (P.L. 88-352, 78 Stat. 252), Minnesota Statutes, Chapter
363 and Section 181.59, the Americans with Disabilities Act of 1990 (P.L.
101-336) and Minneapolis Cvde of Ordinance, Chapter 139 and 141.
12. The Agency ehall.indemnify, protect and hold harmleas the Urban Corps from.
all claims, CRU8P9 or actions which may result from t:he Ii391�I11I1Cilf.9 of
studenta to the Agency or t�ecause'of the flCt9 or omissions of the students.
13. The Agency will be responsible for compensating to a work-study student any
monies earned before or after the student's specified work-study award dates
and/or monies earned over and above the dollar amount specifled in tt�e
student's work-study award.
14_ The Agency shall obtain at its own expense Worker's Compensation insurance
(or shall be aelf-insured under State Law) for such students as may be
assigned to it under this Agree�nent. For the purposes vf fihe Agreement the
Agency shall be deemed the student's employer and that no employment
relationship exists bet�aeen the student and Urban Corps, and, further, that
no employment relationship exists between the Agency and Urban Corps.
15. The Agency shall pay to the Urban Corps 46.5� or other percentage Pigure, as
agreed upon by identifying the percentage figure on the student's Urban Corps
appiication form, of the gross co�pensation earned by such students assigned
and accepted by the Agency under a Federal or State program. The Urban Corps
will bill the Agency, in accordance with bi-weekly payroll periods, Por its
proper share of the compensation of such students as may have been assigned
to the Agency and perPormed work during said period. At the election of the
Agency, hourly compensation for students will be set at $5.75, $6.50, S6_75,
$7.50 or $8.50 per hour, which will be specified in tlie Assignment Porm wtiich
the Student intern's Agency supervisor must aign bePore commencement of the
internship; other agreed upon hourly comperesation rates not to be below the
specified rates; or other rates Por Urban Corps student interns as estab-
lished by the City of Minneapolis through a salary ordinance replacing
current minim�im rates.
16. At the electlon of the Agency, the Urban Corps stir�ll pl�ce students tv lntert�
under a Stipend program. This opLlon wlll be ypecifled in the /lsslgnment
Form which the intern's Agency supervisor must slgn before commencement of
the ir+ternship. The Stipend rate which the Agen<;y 9hall pay the Ucban Corps-
is $30_00 per week Por each week the student works.
21B
17. At the election of the Agency. tlie Urbu�i Cur��s sl�ali place stucient interns
for whom the Agency wiii pay tt►e intern's totr�l compens�tilon plus an
additional twenty-one and e�ne half G>ercent (21.5�) for administrattve costs_
This option will be specified In the Assignment Form which the student
intern's Agency supervlsor must sign before commencement of the internship.
Agencq rates fo.e atuderrts.will.be aet et ratea of,$6.9y._$7.90, $$.21; �59.11
or. $10.33 per tiour; other egreed upon hourly compensat:ion rates iiot to be '
below the specified rates; or other rates for Urban Corps student interns as
established by tt►e City of Minneapolis through a salary ord•inance replacing
current minimum rates.
18. Performance under this contract shall commence on July 1, 1994 and terminate
on June 30, 1995 unless amended in writing as mutually agreed upon by botti
the Agency and the Urban Corps; however, either party may terminate upon
sixty {60) days written notice.
Sased upon the state�aents and affirmations roade by the Agency through the
above docu�nent, the Urban Corps hereby agrees to the asslgnment of students to said
Agency, in accordance with said documen� and�the epplica6l'e laws and'regt�lations.
CITY OF MINNEAPOT.IS
By
Mayor
ATTEST:
City Clerk
COUNTERSIGNED:
City Finance Officer
Approved as to Legality:
Minneapolis Assiatant City AtLoc•ney
21C
AGGNCY
The Citv of Frid �
Agency:Name
Fridley '�iunicipal Center
Address
6431 University Avenue, N.E.
Fridley, MN 55432
City State Zip Code
By
TitleWilliam J. Nee, Mayor
By
Title�^1llliam W. Burns, City Manager
ATTEST:
illiam A. Champa, City Cle�-k
0
23
24
rOR CONCURRENCE 3Y T'HE CI�Y COUNCIL
F�pt� July 11, 1994
LICENS$�
. . • Type, of License: � . . Approved By: . _ . . : Fees: i
. � . ; FOOD��ESTABLISHMENT . . � • _ . � . .. : : • . . . . . . .- . � � . . . : �, : : ..� . ..
� . . � � .�
. • �
� Joe.DiMaggi.o'.s.Sports Bar Geo.. Vespa .. . �. � .. $45.Q0
.. . . .- � 1298: E.:..tto�ore Lk.Dr. N: E. . � � ' . . .
. Fridl.ey� : MIV 5.�432.... . . - � . �
Ground Round � Paula Ruozzi • $45.00
� 5277 Central Ave.N.E.
Fridley, MN 55421 � • .
• 8est�Wok Ch�nese Rest. Danin Luo � �
. 6440 University Aye..N:E. ' . . �
� �. Fri d1 ey, � MN 55432 � . � - - • � � �
LAWFUt GAMBLING � �
. Maple Lanes Rest: � Dor�ald Savelkoul David Sall�man
� 6310 Hwy 65 N.E. � . Public Safety Director
Fri�di e.y,. MN 55.432 _ . � � . � .
TEMPORARY ON SALE BEER
Fridley Lions Bob Schmidt " "
6001 4th St.N.E.
Fridley, MN 55432 �
PEDDLERS
Movement Youth Club Jessie Anderson " "
3724 Oakland Ave. So.
Mpls. MN 55407
SOLICITOR
Nortel Cable T.V. Brian J. Paar "
350 63rd Ave.N.E.
Fridley, MN 55432
Nortel Cable T.V. Bradley Jason Croves "
350 63rd Ave.N.E.
Fridley, MN 55432
Nortel Cable T.V. Sharon Ruby Berg "
350 63rd Ave.N.E.
Fridley, MN 55432 -
25
�
m
�� ��
m
�� ��
�$45:Q0
$300.
Exempt
Exempt
$60.00�
$60.00
'" . $60.00
�
� FOR CONCU�ENCE �Y 1'HE CI'�'a COi.TR�C1I,
�;- �� July 11, 1994 Page 2
TREE REMOVAL �
LICEAiSEB
�North: Wood Co. � � - � Patrick �esse1 l� _ ' � �Pdul� L�awr�ence
10330 Flamingo �St. � �� � � Public Works Supt.
���40:00
Coon Rapids, MN 55433
USED MOTOR VEHICLE
Lupient Buick Carl R. Huntley D�vid Sallman $150.00
7810 University Ave.N.E. Puf�lic Safety Director
Fridley, MN 55432 .
25A
%��'
I��
L
FOR CONCURRENCE BY TFiE CITY COUNCIL
ELE TRICAL �
Bassing Electric 1nc . � _
: �354 -McKa� Dr . . � � . ' . . .
� �Ham � Lake MN 55_3U4 � . �2icharci :Ba�sing
GAS SERVICES. � .
NewMech .Compacues Inc . .
1633 Eustis St
St Paul MN 55108-1288 Larry Jortian
Sun Mechanical & Elect .
1930 Glenwood Ave . � �
Minneapolis MN. _55405-i.248 Clark Grotze
G�NER� eONTRACTOR-COMMERCI�I. �
Bartelis Glen Contracting �
13127 Pleasant A1
Burnsville MN 55337 Glen Bartelts
Carlson-LaVine Inc
2831 Aldrich Ave S
Minneapolis MN 55418 Thomas Shamp
Dailey Construction
11000 Hwy 65
Blaine MN 55434 Jay Thorson
Dodge Roofing Co
10267 University Ave #216
Blaine MN 55434 Chuck Dodge
United Defense
4800 East River Rd NE
Fridley MN 55421-1498 Carol Becker
Witcher Construction Co
PO Bt�x 581544
Minneapolis MN 55458-1549 Keith Beneke
0
� �
LICENSES
.�. ..�-.�
STATE OF M W N � �': �-
JOHN PALACIO
Chief Bldg Ofcl
Same
JOHN PALACI�
Chief Btdg Ofcl
Same
Same
Same
Same
Same
�
GENERAL CONTRACTOR-RE3IDENTIAL
Barkley Construction Co (NQNE) �
� 1� i 11 �24 Ave: NE . , � . � � : .
� ., • Min�eapolis � MN �.5541•8 �.` � � � ; Harold � Barkley. - � . ' �
�Coty Cc�nstruction (9356) � ' � �
100:1 6 St . . . �
Hopkins MN' S543.4 � �Pat Coty . .
� J W Carpentry (5201)
6909 71 Avenue W
Bro�klyn Park MN 55428 Joe Wichterman
Kaufman Sheet Metal & Roofing (9324) .
2531 ° Minnehaha Ave S � �
-�.: Minneapolis MN � 55404 � Robert Kaufman
Peterson Randy Construction (9270)
295 Frankland S�
Mahtomedi �vIN 55115 . . Randy Peterson
Qualiry Contracting (7035)
11600 Louisiana Ave N
Champlin MN 55316 Kenneth Welton
Ricks Roofing & Siding (3566)
77 2 St SE
New Brighton MN 55112 Rick Longnecker
� Wikstrom Construction (9058}
5787 Fairview Ave N
Shoreview 1bIN 55126 Douglas Wikstrom
HEATING
Air Corp Inc
4088 83 Avenue N
Brooklyn Park MN 55443 Mike Erickson
Airco Heating & AC
4020 Central Ave NE
Columbia Heights MN 55421 George Rogstad
Apollo Heating & Ventilating
6510 Hwy 36 Blvd
Oakdale MN 55128 Richard Wecker
25C
:� JO�IN FALACIO.
Chief $ldg Of�l� : ; . � .
� STATE.OF MIIVN
. Same
� . . . �ame . .
. _ Same .
Same
Same
Same
JOHN PALACIO
Chief Bldg Ofcl
Same
Same
�i
Conrad Mec:hanical. Contractors Inc
S09 1 Ave NE �
. Minnea�tis MN . 55413 . Michae� Deeb .
` H�kans�n Ptumbing 8'c Heating Inc. �
9174 Isanti St .NE �
Blaine Mn 55449 Roger .Hokanson
Quaiity Air Inc
'7907 5 St NE
5pring L,ake Park MN 55432 Robert Lilya
Se�n. Mechanical & El�ect � . �
2930 Glenwood Ave �
Minneapolis MN 55405=1248 � Clark' Grotte
MASONRY �
Island Pcx�ls
749 East River Rii #104
Anoka MN 55303 � Denny Thayer
PL[�MBING
A Aarons Mechanical
Box 712
Chanhassen MN SS317 Dave Hughes
City Plumbing Co
4550 Central Ave NE #1339
Hilltop MN 55421 Lawrence Beckman
Gertman Mechanical
9177 Davenport St
Blaine Mn 55434 Harold Burkhardt
Sun Mechanical & Elect
1930 Glenwood Ave
Minneapolis MN 55405-1248 Clark Grotte
�OQFING
Peterson Bros Roofing & Const Inc
481 Burgess St
St Paul MN 55ll7- Michaet Peterson
25D
Same
Same
Same
Same � .
JOHN PALACIO
Ghief Bldg Ofcl
STATE OF MINN
Same
Same
Same
J4HN PALACIO
Chief Bldg Ofcl
- .,
� �
� ESTIMATES
: . R,a�r . - � � - = . JULY ii, IqqQ _ � .
Newqui�t & E�cstru .m, Chartered � �� : � � � . � .
301 Fridley Plaza Office Building � �
6401 University Avenue N. E.
Fridley, MN 55432
Statement for Senrices Rendered� as ��
City Prosecuting Attorney for the �
� Month� of May, 1994 . . . . .. �. . . . : . . � . .� . �. . . . . : . . . $ 11;1�97.50
Richmar Construction, Inc.
7776 Alden Way
Fridley, MN 55432
TCAAP 63rd Avenue Booster Station
Project No. 250
Estimate No. 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,040.00
,' NewMech Co.
' 1633 Eustis Street
St. Paul, MN 55108
Locke Park Filter Plant Refurbishment
Project No. 240
Estimate No. 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,920.00
26
� I
�
�
cmr oF
FRIQLEY
Schmidt Curb Co.
21504 Ahlstrom Avenue
Rogers, MN 55374
ESTIMATES
JULY ii, i994
lr
�
I _
1994 Miscellaneous Concrete Curb,
Gutter and Sidewalk
Project No. 262
Estimate No. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,668.08
Innovative Irrigation
10006 University Avenue N.W.
Coon Rapids, MN 55448
1994 Corridor Maintenance
Project No. 266
Estimate No. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,192.95
�.�