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CCA 12/19/1994 - 29300� FRIDLEY CITY COLTNCIL MEETING anror F��� ATTENDENCE SHEET Monday, December 19, 1994 7:30 P.M. � '"�;PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN ITEM PRINT NAME (CLEARLY) ADDRESS NUMBER /� r' �= l �, � �L� ��4 S` � —r C1, �� , � �`^ �� ` —c�S� i � �' �:. � -� e_. �rv/t� C�l� , �`��= t��' 'r��t�,v �� , �-��s ��J �c���J�-�eo�' ,.��°� -c r _ c �-1 - C:a t � - .� ! tz � , . ._ . � _ ' C� r P �' --J �/U _ 7L� C� e� 7— L� J�t, i/ / f�' �S�c� �(�c� l%CC'fiL. i/�C.i..� G/ G � � -� �� i�✓��L.. �, l�P ���i? /G�� aCC' C��tr� 5w�n e, �72 ���er�-an A�-, 1V6 �g°�$fi �� 1 �'v �`` i C;�. �" �\� 1'� � C� ?) `� c� c.�C � f � r � 5 � � � � � ls , -�.. . /� iv s c �� �l � � c ��v � �,. � j a-�-� y- _ _.� ;�ti�s., ,�c�..� -�zy �`� �?� ���� 9�- Y� / U�� ,��� 1-I�-���,,� �-, � � �� " � ��-s�� 0 � � CiTY OF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF PLEDGE OF ALLEGIANCE: DECEMBER 19,1994 CERTIFICAtE OF APPRECIATION: Sheriff Kenneth G. Wilkinson APPROVAL OF MINUTES: City Counci! Meeting of December 5, 1994 Special C�ty Council Meeting of December 7, 1994 ADOPTION +OF AGENDA: OPEN FORUM, VISITORS: NEW BUSINESS: Resolution Adopting a Budget for the FiscalYear1995 ........................................ 1-1B Resolution Declaring the Necessity to Levy a Tax Which Appears to be in Excess of 16 Mills and Certifying Tax Levy Requirements for 1995 to the County of Anoka for Collection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 - 2B FRIDLEY ClTI( COUNCIL MEETING OF DECEMBER 19, 1994 Page 2 OLD BUSINESS: Second Reading of an Ordinance Under Section 12.07 of the City Charter to Vacate Streets and Alieys and to Amend Appendix C c�f the City Code (Vacation Request, SAV #94-03, by Mearlin Nordstrom) (Ward 1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Second Reading of an Ordinance to Amend the City Code of the City of Fridley, Mi�nnesota, by Making a Change in Zoning Districts (Rezoning Request, ZOA #94-03, by David Stewart and Robert Gilstad) {INard z) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Second Reading of an Ordinance to Amend the City Code of the City of Fridley, Minnesota, by Making a Change in Zoning Districts (Rezoning Request, ZOA #94-05, by Bruce Moseman of Supreme Tool, Inc.) (Ward 2) . . . . . . . 3-3B . .- ...................... 5-5A Re-establish Public Hearing for January 9, 1995, Regarding Hyde Park Tax S#atus Property Owned by the Anoka County Community Action Program . . . . . . . . . . . . . . 6 FRIDLEY CITY COUNClL MEETlNG 4F DECEMBER 19,1994 Page 3 OLD BUSINESS (CONTtNUED : Second Reading of an Ordinance Recodifying the Fridley City Code, Chapter 603, Entitled "Intoxicating Liquor" by Amending Section 603.10 . . . . . . . . . . . . . . . . . . . . . . . . 7 - 7B NEW BUSINESS (CONTINUED): R soluti . n Authorizing Sign"ng an Ag eme for Ce in Empl ee Rep esent by Int national nion �j r �� ��- �� of Op rating nginee s, Locaf o. 49, �. � AFL-C (Pu 'c Work Mainten nce) for199 .... ..... .................................. 8-8G� First Reading of an Ordinance Amending Chapters 506 and 128 of the Fridley City Code, Regarding Parking of Large Commercia! Vehicles on Residential Property . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 - 9Q First Reading of an Ordinance to Amend the City Code of the City of Fridley, Minnesota, by Making a Change in Zoning Districts {Rezoning Request, ZOA #94-04, by Dave Mclntyre of Ceres Environmental) (111/ard 3} . . . . . . . . . . . . . . . . . . . . . . . . . . �. . . . . . . . . . . . . . . . . . . . 10 - 10CC NEW BUSINESS (CONTINUED): Receive the Minutes of the Planning Commission Meeting of November 30, 1994: . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 -11 ZZ A. Specia{ llse Permit Request, SP #94-97, by Michael and Juiie Heiler, to Aliow Construction of a Kitchen Expansion and Repair of an Existing Dwelling in the Flood Fringe District, Generally Located at 8245 Riverview Terrace N. E. (1!1/ard 3) ................... ................... B. Resoiution Approving a Subdivision, Lot Split, �.S. #94-07; to Redefine Lots 1 and 2, Biock 10, Great Northem �ndustriai Center by Moving the Joint Property Line 39 Feet East of its Current Location (By Plunkett's Pest Control) (Ward 3) . . . . . . . . . . . . . . . . . . . . . . . . ........................ 11 - 1'f C 11M - 11S 11C-11F 11T -11ZZ Appoint Citizen Advisory Committee for Clean-Up Week, 1995 . . . . � . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 - 12B � FRIDLEY CI fY COUNCIL MEETING OF DECEMBER 19, 1994 Page 5 NEW BUSINESS (CONTINUED): Approve $2,000 Contribution to Woodcrest Elementary School for Playground �quipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Approve $3,�00 Donation to independent School Distr�ct No. 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 - 14B Resolution�Approving an Agent's . Insurance Service Agreement with Corporate 4 lnsurance, inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 - 15L Resolution Authorizing an tncrease in Compensation for Fridley City Employees tor the 1995 Calendar Year . . . . . . . . . . . . . . . . . . . . . . 16 - 16B UNCIL MEETING OF DECEMBER 19, 1994 ___ _ Page s NEW BUSINESS (CONTINUED): Resolution Approving Plans and Requesting Anoka Coun�y to Proceed with Improvements on East River Road from Janesvilie Street to North City Limits County (S.P. 02-601-35) City (S.A.P. 127-020-15) City Street Improvement Project No. ST. 1995 - 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 - 17E Resoiution Providing for Sewer Rate Increases .................................. .......... 18-18A Resolution Providing for Water Rate Change .:.............................................. 19-19B Appointment: City Employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Informal Status Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 THE MINIITEB OF THE REGULAR MEETING OF THE FRIDLEY CITY COIINCIL OF DECEMBER 5, 1994 The Regular Meeting of the Fridley City Council was called to order at 8:34 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: MEMBERS ABSENT: Mayor Nee, Councilwoman Jorgenson, Councilman Billings, Councilman Schneider and Councilwoman Bolkcom None GERTIFICATE OF APPRECIATION: CLIFFORD HAUSMAN• Mr. SalZman, Public Safety Director, introduced Mr. Hausman, Manager of Cheapo Records in Fridley. He stated that Mr. Hausman's actions led to the arrest of arson and burglary suspects believed to be responsible for 31 arsons, four of which occurred in Fridley. He stated that eighteen of these involved businesses and, most recently, the suspects were involved in residential burglary and arson in the suburbs. Mr. Sallman stated that Mr. Hausman became involved when the suspects tried to sell stolen merchandise to Cheapo Records. He stated that Mr. Hausman noticed that the stolen equipment had been identified in a letter the Police Task Force sent to their store. He stated that Mr. Hausman then contacted the Police Department. A search warrant was obtained, and a considerable amount of property recovered. He stated that Mr. Hausman is to be thanked for ending this fear of arson and burglary in the metropolitan area. Mayor Nee stated that Mr. Hausman's prompt response to suspicious activity resulted in the apprehension of the burglary/arson suspects, and he became involved to end the crime wave in the metropolitan area. Mayor Nee and members of the Council extended their thanks to Mr. Hausman for being such an outstanding citizen. Mr. Hausman stated that he was just doing his job, and anyone else would have acted in the same manner. He stated that being able to help in this kind of situation makes his job worthwhile. He stated that Cheapo Records is always involved in trying to catch persons involved in theft. He thanked the Council for the certificate of appreciation. FRIDLEY CITY COIINCIL MEETING OF DECEMBER 5. 1994 PAGE 2 APPROVAL OF MINUTES: COUNCIL MEETING, NOVEMBER 21. 1994: MOTION by Councilman Schneider 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: MOTION by Councilman Schneider to adopt the agenda as submitted. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. PUBLIC HEARINGS: 1. PUBLIC HEARING ON REZONING REQUEST. ZOA #94-04, BY DAVE MCINTYRE OF CERES ENVIRONMENTAL, INC., TO REZONE FROM M-2, HEAVY INDUSTRIAL, TO M-3, HEAVY INDUSTRIAL OUTDOOR INTENSIVE TO ALLOW CONSTRUCTION OF CORPORATE OFFICES AND OUTDOOR STORAGE OF MATERIALS AND EOUIPMENT AS A PRINCIPAL USE, GENERALLY LOCATED EAST OF 5101 INDUSTRIAL BOULEVARD, NORTH OF FMC, AND ADJACENT TO THE BURLINGTON NORTHERN MAINLINE {WARD 3): MOTION by Councilwoman Bolkcom to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:40 p.m. Mr. Hickok, Planning Coordinator, stated that this rezoning request is for Lots 1 and 2, Block 3, Great Northern Industrial Center East, generally located on Ashton Avenue east of Pearlman Rocque Company. He stated that the rezoning would permit the petitioner to have an outdoor storage area far large equipment and materials and to construct a corporate office and maintenance building. Mr. Hickok stated that Ceres Environmental is an environmental consultant for clients in the metropolitan area and the nation. He stated that their services include fuel tank removal and replacement, construction demolition and recycling, timber recycling, snow removal, and general tree service. He stated that this site would function as their office, provide for the outdoor storage of heavy equipment, and occasional storage of sand and salt related to snow removal. He stated that Ceres has other locations in the metropolitan area to handle their specific needs, and a Maple Grove site serves as their wood and timber recycling location. Mr. Hickok stated that in 1992, Council determined that there was a need for modification to the zoning districts to allow M-3 zoning. He stated that prior to 1992, M-2 zoning was the most FRIDLEY CITY COIINCIL MEETING OF DECEMBER 5, 1994 PAGB 3 intensive industrial district in the City. He stated that staff feels because this site is surrounded by M-2, it becomes an island if the property is rezoned, and, therefore, recommends denial of the rezaning request. Mr. Hickok stated that the Planning Commission has recommended approval. of the rezoning with seven stipulations, eliminating the stipulation recommended by staff pertaining to a concrete or asphalt surface for drives or parking/storage areas. He sta�ed- that Bel Air Excavation in New Brighton has a similar site, anc� they grade it after the heavy equipment is removed. He stated that in the hot summer the equipment tends to bore into an asphalt surface and, if it is stored on concrete, it chips this surface. He stated that Ceres Environmental felt they could keep a c�ravel surface clean by grading it. Councilwoman Bolkcom asked if the City has had any response from other businesses in the area. Mr. Hickok stated that notices were sent, and the owners of Minikahda Mini Storage inquired as to what was proposed for this site, but have not stated their position on this rezoning request. Councilman Billings asked how the equipment gets in and out of the site and if it would damage the City streets. - Mr. Hickok stated that all equipment would be on trailers, and the petitioner Peels the design of the roadways would accommodate their needs. Councilwoman Jorgenson asked if the businesses and residents to the east of Main Street were notified of this rezoning. Mr. Hickok stated that the residential homes across Main Street were not included in the notification. Mr. Steve Johnson, Business Manager for Ceres Environmental, stated that he and Mr. McIntyre were here to answer any questions from Council. Mr. Johnson stated that the primary function of this facility would be for offices and equipment maintenance. He stated that the secondary use would be for equipment storage. He stated that 80 to 85 percent of their equipment is used on the job site, and their whole fleet of equipment would not be on this site at any one time. He stated that the need for the gravel surface would be for storage of truck equipment, such as excavators and bulldo2ers, which are not compatible with an asphalt or concrete surface. Mr. Johnson stated that there wouZd be intense activity in and out of this site with snow removal activities. He stated that these hours wauld be from about 11:00 p.m. when the trucks are dispatched FRIDLEY CITY COONCIL MEETING OF DECEMBER 5. 1994 PAG$ 4 and again at 6:00 a.m. to 7:00 a.m. when the trucks return. He stated that their company provides snow removal for companies such as Honeywell, Hennepin County Medical Center, and the Metrodome. Councilwoman Jorgenson asked how the company handles contaminated soil. Mr. Johnson stated that none of the contaminated soil would be back at this location. He stated they have a wash bay that traps petro- leum products. Councilwoman Jorgenson asked how much of their business involves hazardous petroleum products. Mr. Johnson stated that this activity accounts for about ten percent of their gross revenue. He stated that their activities are about evenly divided in environmental contract work, demolition of facilities, and wood waste recycling. He stated that this work takes place in many states. . Councilwoman Jorgenson asked the hours when the equipment repair would be done. She stated that one of her primary concerns is the amount of noise this facility would generate and carry into the single family neighborhoods. Mr. Johnson stated that they have a fleet valued at about two million dollars and a staff of four full-time mechanics. He stated that their wood noise generator, the noise at this less noise than neighborhood. waste recycling activities would be the primary and that is done at another site. He stated that facility would be very minimal and would generate a typical residential tree service working in a Councilman Billings felt that this rezoning was not contrary to the goals and objectives that Council had in mind when the M-3 zoning district.was established. He stated that he is, however, concerned with the lack of a hard surface. He felt that if a hard surface was not provided, perhaps a liner could be placed beneath the gravel. He asked Mr. Johnson if this was a possibility. Mr. Johnson stated that their facility would have a substantial portion of paved parking, and the gravel area would be used for unloading equipment and moving it into the shop area. He stated that they have not really addressed the cost for a liner but felt it would be a substantial expense for a very low risk. He stated that their company is very concerned about the environment and has staff that addresses these issues. Councilman Billings felt that this may be an issue which Ceres would want to research. Councilwoman Jorgenson stated tha� this facility would be upstream of the Mississippi River so contamination is a concern. FRIDLEY CITY COIINCIL MEETING OF DECEMBER 5, 1994 PAGE 5 Mr. Johnson stated that if there is a spill on a hard surface it would flow much faster and have a greater impact, if it is trans- ferred with the storm water. He stated that they would have a fleet of only thirty vehicles at any given time at this location, so the exposure from employees' cars parked on a hard surface would be greater than the equipment parked on a gravel surface. He stated that he is personally comfortable with the environmental soundness of their proposal for this site. He stated that the risk is very minimal, and no more than a vehicle being parked on a residential street. Mayor Nee asked if their use of this property would be similar to the City's garage site. Mr. Johnson stated that he is familiar with the City's garage site. Their use would be similar but on a smaller scale. Mr. Johnson stated that what makes this property unique to their needs is the nearness to downtown Minneapolis. He stated that the estimated cost for the building is between $400,000 to $500,000. The company is at a growth stage and wants to attract and maintain high quality professional employees. He stated that the amount of acreage on this site is more than adequate for their needs. Mr. Ryden, the realtor representing Trillium Corporation, presented a photograph showing the distance of the site from the residential area and the truck route to the freeway. He stated that this site does not lend itself well to a higher use, as the property is long and narrow. He stated that there have not been a lot of interested parties in purchasing the property and felt this was a nice oppor- tunity fbr tax revenue. He stated that they are aggressively marketing the site at a very competitive price. He stated that the site is hidden from residential and commercial uses, so he did not feel it would cause a problem with businesses or residences. No other persons in the audience spoke regarding this rezoning request. MOTION by Councilman Schneider to close the public hearing. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 9:25 p.m. 1. PUBLIC HEARTNG ON REZONING RE4UEST. ZOA #94-05, BY BRUCE MOSEMAN OF SUPREME TOOL INC TO REZONE FROM C-2, GENERAL BUSINESS, TO M-1 LIGHT INDUSTRIAL, TO ALLOW_CONSTRUCTION OF A MANUFACTURING FACILITY. GENERALLY LOCATED NORTH OF 7597 HIGHWAY 65 (WARD 2): MOTION by Councilman Schneider 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 Nee FRIDLEY CITY COtJNCIL MSBTING OF DSCBMBER 5, 1994 PAGE 6 declared the motion carried unanimously and the public hearing opened at 9:26 p.m. Mr. Hickok, Planning Coordinator, stated that this is a request to rezoning property at 7597 Highway 65 from C-2 to M-l. He stated that the M-1 zoning is compatible with the adjacent zoning and uses, and the plan meets or exceeds requirements of the M-1 zoning district. He stated that the rezoning would allow for construction of a manufacturing facility. Mr. Hickok stated that the Planning Commission recommended approval of the rezoning with two stipulations regarding a landscaping plan and drainage and grading. He stated that staff concurs with the recommendation of the Planning Commission for approval of this rezoning request. No persons spoke regarding this rezoning request. MOTION by Councilman Schneider to close the public hearing. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 9:29 p.m. NEW BUSINESS• 3. FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE. CHAPTER 603, ENTITLED "INTOXICATING LIOUOR" BY AMENDING SECTION 603.10• Mr. Sallman, Public Safety Director, stated that staff is recom- mending an amendment to Chapter 603. He stated that the intent of the amendment is to prevent licensed liquor establishments from conducting juvenile events. He stated that the language proposed in Section 20 would prohibit events exclusively for children. He said that state law prohibits cities from restricting such events for persons eighteen to twenty years of age. He stated that the language in Section 21 would allow persons under age eighteen to enter a licensed liquor establishment for the purpose of eating meals or working, and it also provides some exceptions at bowling centers. He stated that the City has the authority to restrict anyone under age eighteen from entering a licensed liquor esta- blishment for any reason. Mr. Sallman stated that the purpose of the proposed amendments is to limit problems such as fights, shootings, vandalism, drugs, and gang problems that have been associated with any establishment in the area which has allowed these types of events. 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. FRIDLEY CITY COIINCIL MEETING OF DECEMBER 5, 1994 PAGB 7 4. FIRST READING OF AN ORDINANCE UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE (VACATION RE4UEST, SAV #94-03, BY MEARLIN NORDSTROM, (WARD 1): MoTION by Councilman Billings to waive the reading and approve the ordinance on first reading with the following stipulations: (1) a 12 foot drainage and utility easement shall be dedicated along the inside of the west and north property lines; and (2) the garage expansion shall comply with the code requirements or a variance obtained. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 5. FIRST READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS (REZONING REQUEST ZOA #94-03, BY DAVID STEWART AND ROBERT GILSTAD) {WARD 2): Mr. Hickok, Planning Coordinator, stated that this is a request to rezone property from C-1 to R-1 located west of 5720 Polk Street and south of 930 Hackmann Avenue. He stated that this rezoning is also associated with other requests for a lot split, special use permit, and variances. He stated that the purpose of the rezoning is to allow for expansion of the parking lot at the Moore Lake apartment complex on a portion of a City-owned parcel at 5720 Polk Street. He stated that the petitioner has negotiated with the owner of the property along the south property line to obtain an easement for snow storage. He stated that this rezoning would be compatible with adjacent uses and zoning, and it meets the district requirements. Mr. Hickok stated that no stipulations are recommended in conjunc- tion with this rezoning request. MOTION by Councilman Schneider to waive the readir�g and approve the ordinance on first reading. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 6. FIRST READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS (REZONING REOUEST, ZOA #94-05, BY BRUCE MOSEMAN OF SUPREME TOOL, INC.,) (WARD 2): MOTION by Councilman Schneider to waive the reading and approve the ordinance on first reading with the following stipulations: (1) the petitioner shall submit a landscape plan complying with the district requirements prior to issuance of a building permit; and (2) the petitioner shall comply with the comments in Scott Erickson's memorandum dated October 17, 1994 prior to issuance of a building permit. Seconded by Councilman Billings. Upon a voice vote, a2Z voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CSTY COIINCIL MEETING OF DECBI�BBR 5. 1994 PAGE 8 7. RECEIVE AN ITEM FROM THE PLANNING COMMISSION MEETING OF OCTOBER 19, 1994: A. RESOLUTION NO. 98-1994 APPROVING A SUBDIVISION. LOT SPLIT, L.S. #94-06, TO SPLIT PROPERTY INTO TWO SEPARATE PARCELS. GENERALLY LOCATED AT 5720 POLK STREET N.E. (BY DAVID STEWART) {Ward 2)• Mr. Hickok, Planning Coordinator, stated that this lot split would split off a 35 foot by 140 foot parcel adjacent to the Moore Lake apartment complex to be utilized for parking expansion. He stated that this would create an additional fifteen parking stalls and still leave a single family residential site. Mr. Hickok stated that the Planning Commission recommended approval of the lot split with three stipulations. He stated that this lot split is part of the process, along with the rezoning, special use permit, and variance requests, to provide additional parking at the Moore Lake apartment complex. Councilwoman Jorgenson stated that there is a difference in eleva- tion between the Branco property owned by the City and the apart- ment complex property, and she understood there wouid be some excavation so both properties are at the same elevation. Mr. Stewart, the petitioner, stated that there would be excavation so that both properties are at the same level. He stated that a fence would also be erected to screen the Gilstad property. Councilwoman Jorgenson stated that the drop in elevation on the Gilstad property is significantly greater than on the Branco property. She asked if the fill excavated from the Branco property would be used to fill the Gilstad property. Mr. Stewart stated that the intent is to take the fill that was excavated and move it to the Gilstad easement, slope it, and reconstruct the fence. He stated that the fence should be at or about the same height as the existing fence. Councilwoman Jorgenson asked what would keep the filled material from eroding on to the Gilstad property. Mr. Hickok stated that the City would require seeding as a minimal ground cover to control erosion. Councilman Schneider stated that when the special use permit is considered it may make sense to add a stipulation regarding erosion. Councilwoman Jorgenson stated that her concern is that erosion may cause damage to the fence. MOTION by Councilman Schneider to adopt Resolution No. 98-1994, with the following three stipu2a�tions attached as Exhibit A: (1) FRIDLEY CITY COONCIL MBETING OF DECEMBER 5. 1994 PAG$ 9 the 35 foot by 140 foot parcel adjacent to the Moore Lake Apartment complex shall be utilized for the parking expansion indicated on the site plan and shall be landscaped/screened accordinq to Section 205.07.O1.C.(7); (2) the new 35 foot by 140 foot parcel shall be consolidated with the Moore Lake Apartment site as one tax parcel; and (3) Special Use Permit, SP #94-16 and Variance Request, VAR #94-26 shall be approved. Seconded by Councilwoman Bolkcom. Councilman Billinqs stated that a variance is needed��Min conjunctiot�.•• with this lot split, and he has a problem with the City creating a lot that would require variances. He questioned if the addi- tional fifteen parking spaces would solve the parking problem at this apartment complex or only a portion of the problem. Councilman Schneider stated that it would only solve a portion of the probZem, but this is moving in the right direction. Councilman Billings stated that the City owns the Branco property and is splitting off a portion of this lot for the parking expansion. He questioned why the entire lot could not be sold to create additional parking. Councilwoman Jorgenson stated that because of the street widening project several years ago, the lot line was moved to the west on this particular property. She stated that the variance being requested is due in part to the street project. She stated that during the time of this project there was discussion among residents on Polk Street and Lynde Drive if the Branco property should be acquired and demolished. She stated that the residents wanted to make sure it remained as a residential home rather than turned into a�parking lot. She felt that it is a question of trying to maintain the residential character of the neighborhood. Councilman Schneider stated that he shares Councilman Billings' concerns, but short of changing the street patterns or removing the Union 76 gas station, this solution to solve some of the parking problems is certainly a compromise proposal with a minimal impact to the neighborhood. Mr. Hickok stated that there is some vegetation and mature trees on the Branco property that enhance the residential character of the neighborhood. This was taken into consideration in the analysis of a solution to the parking problem. Councilman Billings asked the front footage of the remaining portion of this lot. Mr. Hickok stated that it would be 77 feet, and the code requires 75 feet. Councilman Billings stated that the fence between this lot and the property to the north encroaches on the property by a half foot. FRIDLEY CITY COIINCIL MEETING OF DECEMBER 5, 1994 PAGE 10 He questioned if there would be a request to split off the other half foot. Councilwoman Jorgenson stated that her home is to the north of this property, and the fence was constructed where she and the Branco's believed was the proper setback to the lot line. She stated that Mrs. Branco has submitted a letter stating the fenced was placed, to the best knowledge of both parties, where they believed was the proper setback. She stated that they would not be applying for a variance. Councilman Billings stated that at some po�nt in the future, the City may be selling this property. He questioned if it would be sold subject to the fence being there if a portion is split off in order to give clear title. He also questioned if there is suffi- cient property available for this to be a buildable lot. Mr. Herrick, City Attorney, stated that there are a number of ways to handle this issue. The easiest would be a disclosure to the buyer on the encroachment and an agreement between the potential buyer and the property owner to the north. Mayor Nee stated that the fence belongs to the property on which it is located which is presently owned by the City. Mr. Hickok stated that if this lot split is approved the buildable lot would contain 10,795 square feet, and the code requires a minimum lot size of 9,000 square feet. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, Councilman Schneider, Councilwoman Bolkcom, Councilwoman Jorgenson, and Mayor Nee voted in favor of the motion. Councilman Billings voted against the motion. Mayor Nee declared the motion carried by a four to one vote. B. SPECIAL USE PERMIT REOUEST, SP #94-16, BY DAVID STEWART, TO ALLOW AUTOMOBILE PARKING FOR ADJACENT USES GENERALLY LOCATED AT 5720 POLK STREET N.E. (WARD 2): MOTION by Councilman Schneider to grant Special Use Permit Request, SP #94-16, with the following stipulations: (1) Variance Request, VAR #94-26 and Lot Split Request, L.S. #94-06, shall be approved; (2) a new six foot screening fence shall be constructed on the northern edge of thE easement across the Gilstad property; (3) the petitioner shall install landscaping along the street as indicated on the plan developed by staff including the following elements: (a) 2, Nanking Cherry; (b) 6, Maney Juniper; (c) 8, Isanti Dogwood; (d) 14, "Miss" Kim Lilac; (e) weed barrier; (f) three inch rock mulch; and (g) vinyl edging; (4) the parking lot perimeter, except for the area next to the retaining wall, shall be lined with six inch concrete curbing in accordance �aith the Fridley Engineering Department's specifications; {5) the petitioner shall install a six FRIDLEY CITY COIINCIL MEETING OF DECEMBER 5. 1994 PAGE 11 foot high board on board screening fence constructed of treated wood parallel to and two feet from the north property line. The fence height shall be reduced to four feet at a point 35 feet from the Polk Street lot line. Engleman ivy shall be planted two feet on center on the north side of the fence; and (6j an erosion plan for the property shall be implemented as per the City Engineer's specifications. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 8. RECEIVE AN ITEM FROM THE APPEALS COMMISSION MEETING OF OCTOBER 11, 1994: A. VARIANCE RE4UEST, VAR #94-26, BY DAVID STEWART. TO REDUCE THE SETBACK OF A PARKING LOT FROM THE PUBLTC RIGHT-OF-WAY FROM 35 FEET TO 20 FEET AND TO REDUCE THE SETBACR OF A PARKING LOT FROM THE WEST AND NORTH LOT LINES FROM 10 FEET TO 0 FEET AND 5 FEET. GENERALLY LOCATED AT 5720 POLK STREET N.E. (WARD 2): Mr. Hickok, Planning Coordinator, stated that this variance request is to reduce the parking setback from the public right-of-way from 35 feet to 20 feet and to reduce the setback for a parking lot from the property lines from 10 feet to 0 feet and 5 feet. He stated that the variance is requested in conjunction with the expansion of the parking lot at the Moore Lake apartment complex. Mr. Hickok stated that the Appeals Commission has recommended approval of these variances with three stipuZations and staff concurs. MOTION by Councilman Schneider to concur with the recommendation of the Appeals Commission and grant Variance Request, VAR #94-26, with the following stipulations: (1) the petitioner sha].1 install landscaping along the street as indicated on the plan developed by staff including the following elements: (a) 2, Nankin+g Cherry; (b) 6, Maney Juniper; (c) 8, Isanti Dogwood; (d) 14, "Miss" Kim Lilac; (e) weed barrier; (f) three inch rock mulch; and (g) vinyl edging; (2) the parking lot perimeter, except for the area next to the retaining wa1Z, shall be lined with six inch concrete curbing in accordance with Fridley Engineering specifications; and (3) the petitioner shall install a six foot high board-on-board screening fence constructed of treated wood parallel to and two feet from the north property line. The fence height shall be reduced to four feet at a point 35 feet from the Polk Street lot line. Engleman Ivy shail be planted two feet on center on the north side of the fence. Seconded by Councilwoman Bolkcom. Upon a voice vote, Councilman Schneider, Councilwoman Bolkcom, Councilwoman Jorgenson, and Mayor Nee voted in Favor of the motion. Councilman Billings voted against the motion. Mayor Nee declared the motion carried by a four to one vote. Councilman Schneider asked Mr. Stewart when he believed the expansion would be completed. FRIDLEY CITY COIINCIL MEETING OF DECEMBER 5, 1994 PAGE 12 Mr. Stewart stated that they probably would not start until spring, as he did not know when they can acquire the property. Councilwoman Jorgenson stated that the management of the Moore Lake apartments has been wonderful with the enforcement of the parking. She stated that one concern of residents is that they would like the on-street parking removed. Mr. Stewart stated that he would like to request that Council extend their parking privileges through the winter months until they can construct the parking lot. He stated that it is the process which they must go throuqh which has caused some delays. Mr. Burns, City Manager, stated that Council may want a report from the Public Works and Police Departments to deternaine if there have been any problems with the an-street parking. 9. ESTABLISH A PUBLIC HEARING FOR JANUARY 9 1995 TO CONSIDER THE FIRST READING OF AN ORDIAtANCE UNDER SECTION 12.06 OF THE FRIDLEY CITY CHARTER DECLARING CERTAIN REAL ESTATE TO BE SURPLUS AND AUTHORIZING THE SALE THEREOF: MOTION by Councilman Schneider to set the public hearing on this item for January 9, 1995. Seconded by Couneilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Billings pointed out that it would probably be the middle of March before this process is completed, so no action could be taken by the owner of the Moore Lake apartments until this is completed. 10. AWARD 1995 CORRIDOR MAINTENANCE CONTRACT PROJECT NO. 275: Mr. Burns, City Manager, stated that the City has been pleased with the contractor for the corridor maintenance project, and staff recommends the extension of this contract for 1995. He stated that the contractor has agreed to the same amount as the 1994 bid with the addition of a 6.5 percent sales tax. MOTION by Councilman Schneider to authorize the Mayor and City Manager to enter into a contract with Innovative Irrigation for the 1995 Corridor Maintenance Contract, Project No. 275, in the amount of $13,444 pius 6.5 percent sales tax. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11. RESOLUTION NO. 99-1994 AUTHORIZING SUBMISSION OF THE GRANT APPLICATION AND EXECUTION OF THE GRANT AGREEMENT - VIOLENT CRIME CONTROL AND ENFORCEMENT ACT OF 1994:. Mr. Sallman, Public Safety Di�ector, stated that as part of the 1994 Violent Crime Control and Enforcement Act, funding has been FRIDLEY CITY COIINCIL MEBTING OF DECEMBER 5. 1994 PAG$ 13 provided for additional police officers. He stated tha� this resolution authorizes the City to apply for the funds, and he and the City Manager to act on behalf of the City in applyinq for this grant. He stated that the cost to the City, if the grant funds are received, is $159,531 over a three year period, assuming the requested grant of $225,000 is approved. MOTION by Councilman Schneider to adopt Resolution No. 99-1994. Seconded by Councilwoman Jorgenson. Cauncilman Schneider stated that there were several speakers from the U.S. Justice Department at the League of Cities Conference who stated that every city that applies would receive some funding. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 12. INFORMAL STATUS REPORTS: Mr. Burns, City Manager, stated that Council met earlier this evening with the Housing and Redevelopment Authority to discuss development of the southwest quadrant and will reconvene their meeting with the Housing and Redevelopment Authority after this meeting to discuss the potential scope of_this project. 13. CLAIMS• MOTION by Councilman Schneider to authorize payment of Claim Nos. 59032 through 59200. Seconded by Cauncilwoman Jorgenson. Upon a voice vote, a1Z voting aye, Mayor Nee declared the motion carried unanimously. 14. LICENSES• MOTION by Councilman Billings to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Council- man Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15. ESTIMATES• ' MOTION by Councilwoman Bolkcom to approve the estimates as submitted: NewMech Companies, Inc. 1633 Eustis Street St. Paul, MN 55108 Locke Park Filter Plant Refurbishment Project No. 240 FINAL ESTIMATE . . . . . . . . . . . . . . . $ 21,123.17 FRIDLEY CITY COONCIL MEETING OF DECEMHER 5. 1994 PAGE_14 Karlen Construction 901 125th Avenue N.E. Blaine, M�T 55434 Commans Park Shelter Project No. 267 FINAI, ESTIMATE . . . . . . . . . . . . . . . $ 1,252.38 Lunda Construction Company P.O. Box 228 Little Chute, WI 54140 Locke Lake Dam Restoration Project No. 211 Estimate No. 5 . . . . . . . . . . . . . . . $300,096.02 F.I. Jedli�cki 14203 West 62nd Street Eden Prairie, MN 55346 Clover Pond/52nd Avenue Floodway Project No. 222 Estimate No. 2 . . . . . . . . . . . . . . . $ 2, 295. 00 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT• MOTION by Councilman Billings to adjourn the meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of December 5, 1994 adjourned at 10:15 p.m. Respectfully submitted, Carole Haddad William J. Nee Secretary to the City Council Mayor .� � � THE MINIITES OF THE SPECIAL MEETING OF THE FRIDLEY CITY COUNCIL OF DECEMBER 7, 1994 The Special Meeting of the Fridley City Council was called to order by Mayor Nee at 7:30 p.m. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL• MEMBERS PRESENT: Mayor Nee, Councilwoman Jorgenson, Councilman Billings, Councilman Schneider, and Council- woman Bolkcom MEMBERS ABSENT: None ADOPTION OF AGENDA: MOTION by Councilman Schneider to adopt the agenda as submitted. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: There was no response from the audience under this item of business. PUBLIC HEARINGS: 1. PUBL'IC HEARING ON ADOPTION OF THE 1995 CITY OF FRIDLEY BUDGET: AND PUBLIC HEARING TO LEVY A TAX WHICH APPEARS TO BE IN EXCESS OF 16 MILLS• MOTION by Councilman Schneider to waive the reading of the public hearing notice and open the public hearings. Seconded by Council- woman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearings opened at 7:34 p.m. Mayor Nee stated that the first part of this hearing would be the presentation of the budget by the City Manager, Mr. Burns. He stated that the other part of the hearing would be to levy a tax which appears to be in excess of sixteen mills. Mayor Nee stated that after the budget presentation Council would hear comments from the public. Mr. Burns, City Manager, began by explaining the context in which the budget was prepared. He said that the State is sunsetting the � L FRIDLEY CITY COUNCIL MEETING OF DECEMBER 7. 1994 PAGE_2 local government trust fund in 1996, and with all the changes in local government funding, the impact on Fridley will be a slight increase of about 1-1/2 percent from 1994. He stated that another part of the budget contained Council's goal setting which emphasizes housing, crime, community image, and neighborhood spirit and pri.de . Mr. Burns stated that in keeping with Council's goals, the depart- mental priorities for Community Development are scattered site housinq, new rehabilitation loan programs, multifamily projec�s, new ordinances regarding home occupations, point-of-sale inspec- tions, and an annual certificate of occupancy program. He stated that Police Department goals emphasize crime prevention by using ten police officers to conduct Neighborhood Crime Watch meetings, surveying residents regarding fear of victimization, community education and youth safety camps, expansion o€ the D.A.R.E. program to the eighth grade level, the use of one of three new officers as a youth resource officer in the schools, continuation of the youth outreach worker program, and a uniform curfew program. Mr. Burns stated that another issue discussed in the budget work sessions related to employee salaries and benefits, tuition reim- bursement cap, and the upgrading of the GIS Technician position to full-time. He stated that a number of revenue issues were raised including a transfer from the Liquor Fund, a water and sewer rate increase, and the use of reserves for housing and to balance the General Fund. He stated that a number of non-budget related issues were discussed at the work sessions relating to the acceptance of credit cards for payment of City services, increased expenditures for Public Works equipment, and a City-wide cleanup day. Mr. Burns said that the proposed 1995 budget of $11,879,784 represents a 3.7 percent increase from the 1994 budget for all funds. He stated that the General Fund of $9.9 million increased 6.2 percent, with personal services accounting for $7.1 million or a 3.9 percent increase to cover salary and benefit increases, an additional Youth Outreach Worker, rental inspection personnel, and filling the Planning Coordinator positi.on. He stated that supplies increased by 3 percent, and other services and charges increased by 7 percent. Mr. Burns stated that the Capital Outlay Budget increased by 9.1 percent to cover the cost of a dump truck, snow- blower, pick-up, and pothole patcher, as well as four patrol cars. Mr. Burns stated that Special Revenue Funds increased from $519,000 in 1994 to $817,000 in 1995. He stated that these funds include cable television, grant management, and solid waste abatement. He stated that the housing rehabilitation fund was created and accounts for $250,000 of the increase in Special Revenue Fund expenditures. Mr. Burns stated that the Capital Project Fund budget for 1995 has decreased from $1,110,000 in 1995 to $1,600,000 in 1994. He stated .. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 7, 1994 PAGE 3 that some of these projects include re-carpeting the lower level of the Municipal Center, improvements at the City garage, concrete aprons in front of the Fire Department, and an optical disk system for record storage. He stated that the street projects include $500,000 for neighborhood street reconstruction, $140,000 for sealcoating, $90,000 for street overlays, and $36,000 for emer- gency signal preemption equipment. He stated that the park projects include funds for safety improvements at ball fields, parking lot overlays, ADA improvements, a Commons Park press box, court resurfacing, and replacing the gate and sign at Springbrook Nature Center. Mr. Burns stated that there are a number of funds that produce a charge for services or products, and these are the Enterprise Funds which include the Water, Sewer, Storm Water, and Liquor Funds. He stated that this increase is due mainly to the large increase in sewage disposal costs. He stated that there are a number of capital improvements to be funded from the Capital Improvements Fund which include $180,000 for the water system, $163,000 for the sewer system and $164,000 for storm water projects. We are also encumbering funds for several storm water projects not completed in 1994. Mr. Burns stated that the 1995 proposed property tax levy is maintained at 1991 levels for the fifth consecutive year and $1.2 million in reserves has been budgeted. He stated that the amount certified is 1.6 percent higher than the 1994 certified levy. He stated that this is a result of the fiscal disparities levy distribution. He stated that other variables impact the tax bill which include commercial and industrial tax challenges, appreciation of property values that have increased about 4 percent, and increases proposed by other taxing jurisdictions; Mr. Burns stated that the value on an average home in Fridley of $75,000 would increase to $76,800 in 1995 or a 2.4. percent increase. He stated that this would increase the City's portion of the property owners tax bill tax by $6.00. He stated that the percentage of the total tax dollar the City receives is a little less than 13 percent. He stated that the schools receive about 57 percent, the County about 26 percent, and other taxing jurisdictions about 4 percent. Mr. Burns stated that about 55 percent of the tax base is from residential proper-ties, with commercial and industrial properties accounting for about 32 percent, and apartments about 10 percent. Mr. Burns stated that every year the City looks at internal and external indicators in determining the City's financial health. He stated that the fund balances have been growing at a fairly strong rate but would decline about $3 million by the end of this year. He stated that from 1990 through 1992, the external revenues exceeded the General Fund expenditures. He stated that in 1993, the City used about $20,000 from reserves and will use as much as FRIDLEY CITY COIINCIL MEETING OF DECEMBER 7. 1994 PAGE 4 $713,000 in 1994. He stated that the 1995 budget reflects $1.2 million to be used from reserves. Mr. Burns stated that due to program changes, there will be a little more spent in 1995 because of the major emphasis on crime and housing, resulting in the hiring of a Youth Outreach Worker and rental housing inspectors. Mr. Burns stated that while unemployment is down, the number of jobs available in Fridley has decreased. He stated that the job loss is in the retail sector, and retail sales continue to decline. He stated that unfortunately the data received from the State do not reflect the new Wal-Mart store. He stated that the number of people employed in manufacturing rose by 3.7 �5ercent. He stated that the impact of the recession appears to be over, and the economic indicators were better this year. Mr. Burns stated that property values increased by 1.5 percent, and crime rates increased by 5.9 percent. He stated that the more serious crimes have decreased by 6.2 percent, but the less serious crimes have increased by 13.1 percent. He stated that the nuYnber of people receiving Aid for Dependent Children and food stamps has increased by 2.4 percent, and the number of students receiuing free or assisted meals in School District No. 14 has increased 5.2 percent. Mr. Burns stated that the 1995 budget was prepared in the context of continued concern about urban blight, and the goals and objectives reflected Council's priorities of c�ime reduction and housing. He stated that the budget also reflects the need to correct conditions of water and sewer funds. He stated that the growing demand for services has been accompanied by an improved economy but not enough to significantly increase revenues.• Mr. Burns stated that as the City moves forward, the use of fund balances needs to be addressed. He stated that in the area of housing, Council may want to consider alternatives to using the General Fund and other fund balances. He stated that it may be prudent to use Housing and Redevelopment Authority (HRA) balances first. Fie also suggested that the HRA and Counc.il enact a small levy to help offset the cost of housing programs. Mr. Burns stated that another option is to approach the legislature for special legislation that would enable the HRA to capture value from housing improvements and to use reserves as collateral against bonded indebtedness. He stated that as the City spends down some of the fund balances, spending priorities should be established so there is enough interest generated to offset the need for an additional levy. Mayor Nee opened the discussion to the public on these two public hearing items. ,r �j FRIDLEY CITY COIINCIL MEETING OF DECEMSER 7, 1994 PAGE 5 Mr. Peter Eisenzimmer, 6535 Oakley Drive, stated that he can understand the sewer and water rate increase, but he questioned who makes the decision on the hourly wages for the employees. Mr. Burns stated that the City negotiates contracts with several bargaining unions. He stated that, generally, Council sets the guidelines for the increase, and it has been about three percent over the last several years. Mr. Eisenzimmer stated that he only received a 2.6 percent increase in his social security, and this does not include any benefits. He stated that recycling has increased. When all these increases are taken into consideration, senior citizens cannot afford it. He stat�d that he attended the School Board meeting last evening, and the taxes just keep going up to keep the schools running. He stated that the increase in taxes is forcing him to move out of this district. Mr. Eisenzimmer stated that in 1980, his taxes were about $300, and today they are over $1,000. He stated that it is quite an increase and, even with the changing times, he felt there could be cutbacks. He stated that the City does not need all the parks that cost a lot to maintain with the equipment and personnel. Mr. Eisenzimmer stated that Council was elected to keep taxes down but each year they increase. He felt that Council should try to keep the senior citizens in the community rather than taxing them out of their homes. Mayor Nee asked Mr. Eisenzimmer the amount of the City's portion of his tax increase. Mr. Eisenzimmer stated that it increased $6.00, but he is looking at the total tax bill. He stated that the school taxes were somewhat higher with almost two-thirds of his taxes going to the schools. Councilwoman Jorgenson stated that the City only has control over the City's portion of the taxes. Mr. Eisenzimmer asked if the City had control over the School Board. Councilman Schneider stated that Council has no power over the School Board, but he does try to work with them on j oint activities to save money. Mayor Nee stated that he is sympathetic to the problem, as he shares some of the same concerns. Mr. Eisenzimmer stated that the cable television fund increased $4,000 this year. �` � FRSDLEY CITY COIINCIL MEETING OF DECEMBER 7. 1994 PAGE__6 Mayor Nee stated that money comes from the cable television system and it really is not, in a sense, taxpayer dollars unless you are a cable subscriber. Mr. Eisenzimmer stated that he understands the City is using some reserves for this tax increase. Councilman Schneider stated that the reserve fund earns interest,. and this interest is used to cover the costs of operating the City. He stated that Council would be using the interest to balance this budget. He stated the City Manager has cautioned that if this is done too often there will not be any interest earnings. Councilman Schneider stated that the City is also required to abide by certain government mandates for which funding is not provided. He stated that these mandates lead to additional expenses for the City. He stated that one thing that Mr. Eisenzimmer may want to do is contact his representatives in Congress and the legislature, if he feels local government should be able to make the decisions on where money is spent. He stated that Congress is in the process of looking at these issues. Mr. Eisenzimmer stated that he contacted both his federal and state representatives. Mr. Eisenzimmer asked if the schools still bus students from other communities. Councilwoman Jorgenson stated that open enrollment is still in force, but if students attend Fridley schools they have to provide their own transportation. Mr. Eisenzimmer said he is disappointed that the residents are not attending these budget meetings. He stated that when he is the only one that speaks on taxes it is pretty sad. He thanked Council for their time. Mayor Nee stated that Council would consider the 1995 budget at their regular meeting on December 19, 1994. MOTION by Councilman Schneider to close the public hearings. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearings closed at 8:20 p.m. ADJOURNMENT• MOTION by Councilman 5chneider to adjourn the meeting. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Special Meeting of the Fridley City Council of December 7, 1994 adjourned at 8:2o a.m. Respectfully submitted, Carole Haddad William J. Nee Secretary to the City Council Mayor TO: WILLIAM W. BURNS, CITY MANAGER�'�� FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR " SUBJECT: RESOLUTION ADOPTING A BUDGET FOR THE FISCAL YEAR 1995 DATE: December 15, 1994 As required by Section 7.05 of the City Charter, the attached Budget Resolution provides for the adoption of the 1995 City of Fridley Budget Please present the resolution to Council on December 19, 1994 for their approval. RDP/me Attachment RESOLUTION NO. - 1994 A RESOLUTlON ADOPTING A BUDGET FOR THE FISCAL YEAR 1995 WHEREAS, Ctupter 7, Secaon 7.04 of tl�e Gty Charter provides that the City Manager shall prepare an annual budget; and WHEREAS, the �ity Manager has prep�ed such dax�r�t and the City CounG'1 has met several times for the purpose of discussing tfie budget; and WHEREAS, Chapter 275, Section 065 of Minnesota Statutes sequir� that the Ciiy shap hold a pubtic hearing to adopt a budget; and WHEREAS, the City Council has hetd a public hearing and has concluded the budget as prepared is appropriate; NOW THEREFORE, BE IT RESOLVED that the foqowing budget be adopted and approved: GENERAL FUND Taxes and Special Assessmerrts: Current Ad Valorem Delin�uent, Penafties, Forfeited s��i aS��� Licenses and Permits: �icen,ses Permits Intergovernmental: Federal , State - Homestead and Agricultu�e Credit Aid Local Govemmerrt Aid AI1 Other Cha�ges for Services Housing and Redevelopment Authority Water Fund Sewet Fund Storm Water Fund Liquor Fund Cable TV Fund Construction Funds Fines and Forfeits interest on tnvestments Miscellaneous Revenues Other Financing Sources: Employee Benefit Fund Closed Debt Service Fund Liquor Fund TOTAL REVENUES ANO OTHER FINANCING SOUFiCES Fund Balance: General Fund Reserve TOTAL GENERAL FUND ESTIMATED ftEYENUE $3.489.60t 75,104 2,444 t 48,452 277.486 4,562 1.067.981 1.584,149 452,061 261,064 179.607 128,951 93,580 29,838 67,359 20,445 32,063 221,867 515,000 85,454 50,000 266.526 75,000 9.128,594 82Q,753 $9._949.347 1A Legislative: City Council Planning Gommissions Other Commissions City ManagemeM: General Managemerrt Personnel Lega� Finance: Ele�ions Accounting Assessing MIS City Cle�tds Police: Police Civil Defense Fre Public Works: Munic+pat Cente� Technical Engineering Traffic E�gineering Street laghting Pubtic Works Maintenance Rec�eation: Recreation Naturalist Commun'ity Development: Buildi�g Ir�.spection Planning Resen�e: Emergency Norxiepartmerrtal APPROPRIATIONS $100,328 3,461 s,s» 309,895 97,592 220,000 0 517,454 142,280 159,355 104.709 3,152,714 9,634 788�638 187,319 493,882 202,700 645,541 1, t 87,576 582,885 255,213 181,455 3� 7,422 t 85,000 97.677 59.949.347 SPECIAL REVENUE FUNOS Cable 1V Fund Grant Management Fund Solid Waste Abateme�t Fund Housing Revitalization Fund Fund Balance TOTAL SPECIAL REYENUE FUNDS CAPITAL PROJEC7S FUI+�S Capital Improvemeat Fund Taxes — Current Ad 1/alorem Interest on investrnents Donations State Aid Construction Fund Salance TOTAL CAPITAL PRO.�CTS FUNOS AGENCY FUND Six Cities Watershed €und Taxes — Current Ad Yalorem TOTAL AGENCY FUN� ass,, ea 208,201 231.754 250,000 28,294 5817.437 $85�550 341,204 10,000 650,000 22,746 51.109.500 53�500 53.500 General Ga�tal Improvement Stree�s Capital ImprovemeM Parks Capital ImprovemeM s> > s,asa 206,201 243,742 2.�i�,O00 5817.437 $t��OnO a�,. 766,Q00 162.500 51.109.500 53,500 53.500 TOTAL =11.879.784 �1 � .8T9.784 PASSED AND ADOPTED BY THE CIN COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF DECEMBER, 1994 ATTEST: WILLIAM A. CHAMPA - CITY CLERK l = WIWAM J. NEE - MAYOR TO: WILLIAM W. BURNS, C1TY MANAGER �� � FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR SUBJECT: RESOLUTION TO LEVY TAXES WHICH APPEAR TO BE IN EXCESS OF 16 MILLS AND CERTIFYING TAX LEVY REQUIREMENTS FOR 1995 TO ANOKA COUNTY DATE: November 21, 1994 The attached resolution grants City Covncil the authority to levy a tax which appears to be in excess of 16 mills. As stated in Section 7.02 of the City Charter, pursuant to three weeks published notice and a public hearing the Council may adopt a resolution showing the necessity for such ta7ces. The attached resolution also provides for the certi5cation of the 1995 tax levy to Anoka County for coIlection. RDP/me Attachment 2 RESOLIITION NO. - 1994 A RESOLOTION D$CLARING THE NECESBITY TO LEVY A TA% WHICH APPE1\RB TO H$ IN SBCESS OF 16 MILLS AND CFRTIFYING TAB LEVY REQIIIREMENTS FOR 1995 TO TSE COIII�1'1'Y OF ANORA FOR COLLECTION WHEREAS, Chapter Seven, Section 7.02 of the Charter of the City of Fridley, grants the City the power to raise money by taxation pursuant tr� the laws of the State of Minnesota; and WHEREAS, said Section 7.02 of the City Charter provides that if the taxes levied against property within the City exceeds 16 mills on each dollar of assessed valuation, that the Council shall adopt a resolutifln showing the necessity for such tax; and WHEREAS, the State of Minnesota has changed the method of computing taxes from "mill levy" to "tax capacity"; and WHEREAS, the State of Minnesota transferred state aid dollars from the city to the school districts to reduce school district taxes; and WHEREAS, in addition, the State of Minnesota reduced the amount of state aid dollars it had previously distributed to cities; and WHEREAS, the City of Fridley needs to levy taxes which appear to be in excess of 16 mills because of the reduction of local government aids by the State of Minnesota. NOW THEREFORE BE IT RESOLVED that the City Council of the City of Fridley pursuant te three (3) weeks published notice and public hearing on the 7th day of December,. 1994, shall have the �uthO�ity to levy a tax which may be in excess of 16 mills; and BE IT FURTHER RESOLVED that the City of Fridley certify to the County of Anoka, 5tate of Minnesota, the following tax levy to be levied in 1994 for the year 1995. 2A , .,:.��.:..,�� .:�..�,,,....:.� .�.:..,:.. , �.... .,..:.:..�..�,:......�-..,,:.:... .. . . � .... n, , . . . .. . ............. ... .. _... ...... . . .. ....... ..,.._.-� Page 2 - Resolution GENERAL FUND General Fund - 1994 CAPITAL PROJECT FUND Capital Ymprovement Fund - Parks Divisian AGENCY FUND Six Cities Watershed Management Organization TOTAL ALL FUNDS $3,592,295 72,689 2,702 $3,667,686 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF DECEMBER, 1994 ATTEST: WILLIAM A. CHAMPA - CITY CLERK : WILLIAM J. NEE - MAYOR � � � J Community Development Department G DIVISION City of Fridley DATE: December 15, 1994 �) �ry TO: William Burns, City Manager� FROM: SUBJECT: RECOMMENDATION Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant Second Reading of an Ordinance Approving a �lacation Request, SAV #94-03, by Mearlin� Nordstrom; 501 Rice Creek Boulevard N.E. First reading of the attached ordinance occurred at the December 5, 1994 meeting. Staff recommends that the City Council approve the second and final reading of the attached ordinance vacating drainage and utility easements along Lot 9, Block 2, Holiday Hills Second Addition with the fallowing stipulation: 1. A 12 foot drainage and utility easement shall be dedicated along the inside of the west and north property lines. MM/dw M-94-736 3 ORDINANCE NO. AN ORDINANCE IINDER SECTION 12.07 OF THE CITY CHARTER TO 9ACATE 6TREETB AND ALLEYS AND TO AMEND APPENDIB C OF THE CITY CODE The City Council of the City of Fridley does hereby ardain as follows: SECTION 1. To vacate that part of the drainage and utility easements which lie six feet on both sides of the line between Lot 8 and Lot 9, Block 2, Holiday Hills, Anoka County, Minnesota, and between said Lot 9 and Lot 8, Block 1, Holiday Hills Second Addition, Anoka County, Minnesota, and which lie within the boundary of the following described tract: That part of Lot 8, Block 2, Iioliday Hills, Anoka County, Minnesota, lying southerly of the following described line: Beginninq at a point on the easterly line of said Lot 8, 15 feet northeasterly of the most southerly corner thereof, thence northwesterly to the most westerly corner of said Lot 8 and there terminating; also Lot 9, Block 2, Holiday Hills, Anoka County, Minnesota; also that part of Lot 8, Block 1, Holiday Hi11s Second Addition, lying southeasterly of the following described line: Beginning at a point on the westerly line of said Lot 8, 55 feet northwesterly of the most southerly corner of said Lot 8; thence to a point on the easterly line of said Lot 8, 99.65 feet from the most southerly corner of said Lot 8 and there terniinating. This property is generally located at 501 Rice Creek Boulevard N.E. All lying in the North Half of Section 14, T-30, R-24, City of Fridley, County of Anoka, Minnesota. Be and is hereby vacated subject to the stipulation 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. 3A Ordinance No. - Page 2 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS UAY OF , 1994. ATTEST: WILLIAM A. CHAMPA, CITY CLERK Public Hearing: First Reading: Secorid Reading: Publication: WILLIAM J. NEE - MAYOR November 21, 1994 December 5, 1994 : r _ � Community Development Department P�.�vivnvG D�storr City of Fridley DATE: December 15, 1994 � TO: William Burns, City Manager�' FROM: SUBJECT: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant Second Reading of an Ordinance Approving a Rezoning Request, ZOA #94-03, by David Stewart and Robert Gilstad First reading of the attached ordinance occurred-at t�e December 5, 1994 meeting. Staff recommends that the City Council approve the second and final reading of the attached ordinance approving the rezoning request, ZOA #94-03, to rezone from C-1, Local Business to R-1, Sing7.e Family Dwellinq on the property located west of 5720 Polk Street and south of 930 Hac3anann Avenue. There are no stipulations as a condition of approval. MM/dw M-94-734 oRnixAxcg rro. ORDINANCE TO AMEND THE CITY CODE OF T88 CITY OF FRIDLEY, MINNESOTA BY MARING A CHANGE IN SONING DISTRICTS The Council of the City of Fridley does ordain as follows: SECTION 1. Appendix D of the City Code of Fridley is amended as hereinafter indicated. Be and is hereby rezoned. SECTION 2. The tract or area within the County of Anoka and the City of Fridley and described as: The easterly 120 feet except the northerly 135 feet of that part of Lot 1, Auditor's Subdivision �25, which is described as follows to wit: beginning at a point on the north line of said Auditor's Subdivision distant 221.7 feet east of the northwest corner thereof which point is also on the centerline of Central Avenue, then east on said north line a distance of 270.8 feet, then south a distance of 308.2 feet to a point on a I.ine parallel with & 160 feet north of the most southerly line of said Lot 1 which point is 437.44 feet distant east from the centerline of Central Avenue, then west along a line parallel with & 160 feet north of the most southerly line of said Lot l, 437.44 feet to the centerline of Central Avenue, then northeasterly along said centerline to the point of beginning and except the north 30 feet thereof said 120 feet to be measured along the north line of said Lot 1. This property is generally located West of 5720 Polk Street and north of Moore Lake Apartments. Is hereby designated to be .in the Zoned Distriat R-1, Single Family Dwelling. 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-1, Local Business to R-1, Single Family Dwelling. . . � Ordinance No. - Page 2 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS OAY OF , 1994. ATTEST: WILLIAM A. CHAMPA - CITY CLERK Public Hearing: First Reading: Second Reading: Publication: WILL �. NEE"`= MAYOR November 21, 1994 December 5, 1994 . � i � � Community Development Departme�.t G DIVISION City of Fridley DATE: December 15, 1994 TO: William Burns, City Manager � � FROM: Barbara Dacy, Community Development Director Scott Hickok, Planninq Coordinator Michele McPherson, Planning Assistant SUBJECT: Second Reading of an Ordinance Approving a Rezoninq Request, ZOA #94-05, by Bruce Moseman of Supreme Tool; 7597 Highway 65 N.E. RECOMMENDATION First reading of the attached ordinance occurred at the December 5, 1994 meeting. Staff recommends that the City Council conduct the second and final reading of the attached ordinance approving a rezoning request, ZOA #94-05, to rezone property from C-2, General Business to M-1, Light Industrial. Two stipulations are included as condition of approval: 1. 2. The petitioner shall submit a landscape plan complying with the district requirements prior to issuance of a building permit. The petitioner shall comply with the comments of Scott Erickson's memo dated October 17, 1994 prior to issuance of a building permit. MM/dw M-94-735 5 � ORDINANCE NO. aRDINANCS TO AMEND THE CITY CODE OF T8� CITx OF FRIDLEY, MINNESOTA BY MARING A CHANGS IN 80NING DISTRICTS The Council of the City of Fridley does ordain as follows: SECTION 1. SECTION 2. Appendix D of the City Code of Fridley is amended as hereinafter indicated. Be and is hereby rezoned subject to the stipulations adopted at the City Council meeting of , 1994. The tract or area within the County of Anoka and the City of Fridley and described as: Lot 3, Block l, A& R Second Addition. This property is generally located north of 759? Highway #65. . 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-2, General Business 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: 0 WILLIAM J. NEE - MAYOR December 5, 1994 December 5, 1994 5A � _ � Community Development Department PLANNING DIVISION City of Fridley DATE: December 15, 1994 � TO: William Burns, City Manager � FROM: SUBJECT: Barbara Dacy, Coaimunity Development Director Reestablish Public Hearing for Leasehold Cooperative Tax Status on ACCAP Properties The City Council had established December 5, 1994 as the public hearing to consider changing the tax status on the three multiple family properties owned by ACCAP in Hyde Park. The hearing was cancelled in order to provide additional time for the City Council and the Housing & Redevelopment Authority to conduct its joint meeting on that date. • Staff recommends that the City Council establish 3anuary 9, 1995 as the._public hearing date. ACCAP is conducting a neighborhood informational meeting about this issue on Thursday, December 15, 1994. Property owners within 350 feet of the properties were notified of the informational meeting and will be notified for the public hearing on January 9, 1995. Consideration of the resolution to approve or deny the request for the leasehold cooperative tax status will be-scheduled for City Council consideration on January 23, 1995. BD/dw M-94-752 0 POLiCE DEPARTMENT City of Fridley Minnesota MEMOR;ANDUM TO: FROM: SUBJECT: DATE: WILLIAM W. BURNS,�� DAVE SALLMAN Q `A1 ) LIQUOR ORDINANCE AMENDMENT-SECOND READING December 16, 1994 The first reading of the change to Chapter 603.10 occurred at the Council Meeting on December 5th, 1994. The second reading is scheduled for the meeting on December 19th, 1994. Staff recommends approval. 7 POLICE DEPA.RTMENT City of Fridley Minnesota MEMORANDUM TO: �VILLIAM W. BURNS � � FROM: DAVE SALLMAN P� SUBJECT: DATE: LIQUOR ORDINANCE ANIENDMENT November 30, 1994 Staff is recommending the attached addition to Chapter 603.10. The intent is to restrict licensed iiquor establishments from conducting "teen nights" or allow children to participate in activities in licensed establishments. The language proposed in section 20 would prohibit events exclusive to children. State law prohibits cities from restcicting such events for persons age 18-20. The language in section 21 would allow persons under age 18 to enter a licensed establishment for the purpose of eating meals or working. It also provides for some exceptions at bowling centers. The City has the authority to restrict anyone under age 18 from et�tering a licensed estabtishment for any reason. The tanguage provided would allow for the prom nights, children with parents, etc. The purpose for these proposed changes is to Limit prnblems(fghts, shootings, drugs, vandalism, gang problems, etc.} that have been associated with any establishment in the area which has allowed these types of events. Stati believes that these changes are consistent with the intent of other language in Ordinance 603 and is in the best interest of the welface of children and the public safety of the City of Fridley. Staff recommends approval. 7A ORDINANCE N0. AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE CHAPTER 603, ENTITLED "INTOBICATING LIQUOR" BY AMENDING SECTION 603.10. The City Council of the City of Fridley does ordain as follows: 20. No licensee shall hold events which are exclusively for persons under the age of 21 except social functions that are held in a portion of the establishment where liquor is not sold. Social functions that are held in a portion of the restaurant where liquor is not sold shall be limited to persons age 18 and older. 21. No licensee shall permi.t any person under the age of 18 to enter a licensed estabZishment except for the purpose of consuming meals or performing work for the establishment, or in the case of bowling centers, for the purpose of bowling and related activities, unless accompanied by a parent or guardian. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1994. ATTEST: WTLLIAM A. CHAMPA - CITY CLERK First Reading: December 5, 1994 Second Reading: Publication: : WILLIAM J. NEE - MAYOR _ � C�N �F FR[DLEY MEMORANDUM Municipal Center 6431 University Avenue Northeast Fridley, Minnesota 55432 (612) 572-3507 • FAX: (612) 571-1287 William C. Hunt Assistant to the City Manager . �� Memo To: William W. Burns, City Manaqer � From: William C. Hunt, Assistant to the City Manaqer �°%��-- � Subject: Labor Aqreement with International IInion of Operatinq Engineers Local No. 49 Date: December 15, 2994 The employees of the City of Fridley represented by the International Union of Operating Engineers Local Union No. 49 have voted to accept the offer which the City has made. This will involve the following changes to the present contract: 1. Appendix A. A three percent (3�) increase in wage rates. 2. Addition of a Lead Mechanic assignment on a year by year basis. The employee assigned to be Lead Mechanic will review repair requests; assign equipment repair orders to other Mechanics; check progress of work; coordinate purchase and pick`-up of repair parts; review completed work orders; and advise Superintendent of Public Works. For this the Lead Mechanic would be paid an additional 63 cents an hour. 3. ARTICLE 19.1 INSURANCE. An increase in the maximum contribution of the City toward health, life and dental insurance for employees choosing dependant coverage of $30.00 per month from $315.00 per month in 1994 to $315.00 per month in 1995. 4. ARTICLE 19.2. INSURANCE. An increase in the maximum contribution of the City toward health, life, and dental insurance for employees choosing single coverage of $5.00 per month from $205.00 per month to $210.00 per month. 5. In accordance with the Memorandum of Understanding dated June 1, 1987, by which members of the bargaining unit are eligible for participation in the Flexible Benefit Plan for City Employees an increase of $10.00 in the City's monthly cash contribution to employees choosing Option B from $155.00 per month to $165.00. � Memorandum to William W. Burns Labor Agreement with International Union of Operating Engineers Local No. 49 December 15, 1994 � Page Two 6. ARTICLE XXIII EMPLOYEE EDUCATION PROGRAM. A cap of $2,250.00 per employee per year in the�education benefit with extension of the benefit from tuition only to inalude course required books, educational materials, and fees. Remaining in effect are the resolutian and memorandum of understanding dated June l, 1987 relating to the inclusion of members of the Local Fridley Bargaining Unit in the Flexible Benefit Plan for City employees and the resolution (also dated June 1, 1987) authorizing the inclusion of certain Public Works Maintenance employees in an employee separation benefit plan. � I have prepared a resolution for consideration by the Fridley City Council at its meeting of December 19, 1994. WCH/jb : ' CONTRACT OFFER TO INTERNATiONAL UNION OF OPERATING ENGINEERS, LOCAL NO. 49 FROM THE CiTY OF FRIDLEY DECEMBER 12, 1994 In response to the proposals submitted by the International Union of Operating Engineers, Local No. 49, and subject to City Council approval, I am authorized to make the following offer for the 1995 contract year: 19.1 The EMPLOYER will contribute up to a maximum of �ee-1��� three hundred forl,y-five.��345.00� per month per employee toward group health and life insurance for employees choosing €a�i�� dependent coverage for calendar year �99� 1995. 19.2 The EMPLOYER will contribute up to a maximum of �r��r-e� two hundred ten dollars (,$210.001 per month per employee toward group health and life insurance for employees choosing single coverage for calendar year i�4�-1995. In accordance with the Memorandum of Understanding dated June 1, 1987 the City will contribute� one hundred sixty-five dollars ($165.00) per month to each member of the bargaining unit who chooses Option B of the Flexible Benefit Plan for City of Fridley Employees. ARTICLE XXIII. EMPLOYEE EDUCATION PROGRAM 23. ]. The City will pay �e� instructional costs � to a maximum of $2,250 per employee per year for training courses relevant to the EMPLOYEE'S present or anticipated career responsibilities at City- approved institutions. The City will pay �fty percent (50%) of the cost of tuition in advance and the EMPLOYEE will pay the other fifty percent (SO%). The EMPLOYEE will be required to present to his her Department Manager a certification of satisfactory work when the course is completed. a. Courses issuing a letter grade: a"C" or above is required. .. b. Courses issuing a numerical grade: a 70 percent grade is required. c. Courses not issuing a grade: a certification from the instructor certifying that the student has satisfactorily participated in the activities of the courses is required. 23.2 If the �MPLOYEE satisfactorily completes the course, the EMPLOYEE will be reimbursed for the additional fifty percent (50%} of the tuition a� n .� . A • � � • � . � . • f Y required fees related to the course. The City will not reimburse the EMPLOYEE for fees which are charged for instruction, associated administrative expense, �ee�s; student membership, student health coverage and other charges for which the s��� EMPLOYEE receives some item or service not directly related to the course of instruction. 23.3 The City wil[ not reimburse the EMPLOYEE for expenses reimbursed under some other education system or program, e.g..G. I. Bi11. � APPENDIX A WAGES 1995 - a three percent (3.0%) increase on all 1994 wage rates. (See attachment.) � ��� , J - ;� ,,. �. � ,LL GtEi}�� . �'1 L `,. William C. Hunt Assistant to the City Manager Exclusive �Representative of the City of Fridley : PSW-A.1 PSW-A.2 APPENDI% A AAGES 1995 Public Services Worker (PSW) Entry After one (1) year of satisfactory performance in PSW-A classification PSW-B.1 After two (2) years of satisfactory performance in PSW-A classification and achievement of minimum qualifications PSW-B.2 After one (1) year of satisfactory performance in PSW-B classification PSW-C After two (2) years of satisfactory performance in PSW-B classification and achievement of minimum qualifications PSW-C (Maintenance II in 1989) PSW-D After five (5) years of satisfactory performance and achievement of minimum qualifications PSW=D (Maintenance III in 1989) Hourlv Rate $i�$8r 11.21 $�-69 12 . 04 $3.�.�-. r� 12 . 89 $�3-:3� 13.74 $34�6 14 . 58 $3�6� 15 .10 $34� 15.42 $3-r-�6 15. 72 Advancement to the next step will occur at the next regular pay period following satisfactory completion of the time of service requirement and achievement of minimum qualifications, if pertinent. Mechanic Level Hourlv Rate . A $ �-�—�-6 14 . 5 8 B $ �.-r°r.-2�r 15 . 7 2 Person assianed to Lead Mechanic $16.35 Seasonal/Temporary Employees Employees employed by the employer on a seasonal/temporary basis for no more than 125 working days per calendar year either in a full-time (more than 14 hours per week) or part-time capacity will be compensated as determined by the employer for the term of this employment. Such employees will not be eligible for any benefits under the Agreement except those which may be required by law. : � P O S I T I O N D E S C R I P T I O N POSITION TITLE: �`�j� MECHANIC $� ':��i�t "�t;?t��1'.".."��.i1��':::':�s�;i�.....`- �'�3'i:'.�- : ;a;...:� :�;�:,,�:�.w.��.:.,.;:::k:�:`:>;::w;:.:::;.:;:.::.::.::.:::.:> :::.::.::::.::.::::;: ��:;:.:;::::::�::: DEPARTMENTIDIVISION: PIIBLIC AORRS/MAINTEATANCE REPORTS TO: SQPERINTENDENT OF POBLIC AORRS POSITION OBJECTIVE: To maintain in qood working order all City mechanical equipment includinq liqht and heavy equipment so as to avoid breakdown of vehicles which would delav essential work. �:%�so. ESSENTIAL JOB FIINCTIONS: l. Services, repairs, and maintains automobiles, trucks, and light and heavy equipment owned by the City. 2. Does electric and gas welding. 3. Inspects equipment to determine the type and scope of repairs, that are needed. 4. Completes annual equipment inspection and certificatiom as required. 5. Completes equipment work orders, parts inventory, and equipment maintenance records. :.,>�:: :: ..-:�;.::•:.�.,-..,...::,-::-:..:�<:;:;:•::� :.: ::.; .. � .<:;�:�::#::>`:` �<��•�#:�. �� �"�:::>:'��:s:<.::v:.;•:>::::.::::.:,.::::..:.;•:;:.:r:::.;%:i'��"�`" ::s::x>. :::::::�:...:::::::: �..::.. :��€..,:.;;::��.::.:p��gr���:.::;�f�}:��:�::�:.:.:xa�rk:�: ...........................................................:.......:...................f...::.:: ::c?:.............�•i4:,x�............. ::ii:•vy::::n:�.� •v.:�::::n�:: •v.Aii:4i::::: w::::::::: :.r ::............ ..r.... ......,...,.. .vvv-•. :... n .... .... ....: ........ : . ... ................::::::::::nN:.::.v:} :::::.r:::r 'v...:.�:;rfiiii?:^:Oi:•:f =i:iii::4i:i}i::d:i�titii•i:::::it: •i::iim•.y�x:::::3::�i:i:T:<-:"�:::�:.::v.}i:'::::::::: �::.:._ "'..._............"__"' ':i::. .: �. . ' i.. \ :t� ' .. . � .:` .i:?:. . . . . ' :.: -. : :' � .' '. :iij . . ' .iii. � : . .. ..... ' .' i. i. .i . ::: . .. ...:.::: : .....'sy_: . -:::::::.; ':::_-:: :»:::�::=::;><:`:::::��:c���z�at�:�:�::xe. .a:��<;.> �.�:�:ts.;:.; ��:�has��:::.:��d�;:.: .. -� � ����. �� �Qr��:... .. : - . - ..... ...................P::::.::::...::.:P.:::.�:...........P. a� . .� . :�.�.. ...._.... :�:�.-� . ..�. .,.:.� :::::::::::::.�::::::::::::.:::...i.1P-- l�i.::=.: ........:...� ....:.. :.:::::.:::.�._:.:::.:...................:......... ............ .:::..........: ,...................:.:...::::.... .......... ..............;:, �::::..:.�::::... ......................................::::......_-::.._ :-:.::..:..::.__. OTHER JOB FUNCTIONS: l. Operates City vehicles and other pieces of equipment. 2. Assists other departments in maintenance and repair of stationary equipment, such as lift stations, wellhouses, etc: 3. Performs other related duties as required. : 1 - � MINIMIIM OIIALIFICATIONB: .. �`�v�+,.J,}}: '+.aX}.�Cti?a• - Z.i tiA . ' �!�^.:•X::t.; "v'?.�� �<>:>�::�:�:k.••:?���.'�:. •:.<���':�"��,,:�.�Ek; .:� ' ���3:�"���>..• ;�:6::t,:;yr.x�;.,.>`.:�c,;rR:�:�:2?>.� {...•t•�::-.,-:�?;:tiisR-..o-x`:-I.•v,.^.�w::::t.. y ?,!',Xiy:ahC,00?:T,:c.:.W� .......... �:`-:;4.4. 2. Class B Commercial Driver's License. 3. Experience in electric and gas welding. 4. Two (2) years of applicable experience in gas and/or diesel engine maintenance and repair of a variety of light and heavy equipment. 5. One (1) year of technical college course work (51 quarter credits) in automobile or diesel mechanics or certification as a Master Automotive Technician by the National Institute for Automotive Services Excellence. One year of applicable experience can be substituted for up to seventeen (17) quarter credits. 6. Ability to read, understand, and follow written and oral instructions in English, including safety notices and maintenance manuals. 7. Ability to meet the physical demands of the job as indicated in the Job Activity Requirements with or without reasonable accommodations. 8. Minnesota Department of Motor Vehicle Certified to perform annual equipment inspection. DESIRED OIIALIFICATIONS: l. Class A Commercial Driver's License with trailer endorsement. 2. Skills of a qualified automotive mechanic with considerable additional experience on a variety of light and heavy equipment. 3. Skil.l in testing and locating defects in mechanical equipment. 4. Skill in the use of electric and gas welding. 5. C'� Considerable knowledge of the principles of the operation of gasoline and diesel engines, both large and small. Ability to adapt available tools and repair parts to specific problems. January 1995 : RESOLIITION NO. - 1994 RESOLIITION AIIT80RIZING SIGNING AN AGREEMLNT FOR CERTAIN EMPLOYEES REPRESENTED BY INTERNATIONAL UNION OF OPERATING ENGINEERB� LOCAL NO. 49, AFL-CIO (PQBLIC WOR,1C8 MAINTENANCE) FOR 1995 WHEREAS, the International Union of Operating Engineers, Local No. 49, AFL-CIO, as bargaining representative for certain Public Works Maintenance employees of the City of Fridley, has presented to the City of Fridley various requests relating to the waqes and working conditions of employees of the Public Works Department of the City of Fridley; and WHEREAS, the City of Fridley has presented to the designated representatives of Local 49 various requests relating to the wages and working conditions of employees of the Public Works Department of the City of Fridley; and WHEREAS, representatives of the Union and the City have met and negotiated regarding the requests of the Union and the City; and WHEREAS, agreement has now been reached between representatives of the two parties on the proposed changes to the existing agreement between the City and the Union; NOW, THEREFORE, BE IT RESOLVED by the City of Fridley that such agreement is hereby ratified and that the Mayor and City Manager are hereby authorized to sign the attached Labor Agreement including Appendix A, Appendix B, and�Appendix C relating to wages and working conditions of employees of the City of Fridley Public Works Department. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS TH DAY OF , 1994. WILLIAM J. NEE - MAYOR WILLIAM A. CHAMPA - CITY CLERK. � LABOR AGREEMENT BETWEEN THE CITY OF FRIDLEY AND THE INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL NO. 49 AFL-CIO 1995 ' 11J .• LABOR AGREEMENT BETWEEN THE CITY OF FRIDLEY AND THE INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL NO. 49 AFL-CIO 1995 Page ARTICLE I PURPOSE OF AGREEMENT . . . . . . . . . . . . . . . . 1 ARTICI,E II RECOGNITION . . . . . . . . . . . . . . . . . . . . 1 ARTICLE IIT UNION SECURITY . . . . . . . . . . . . . . . . . . 1 ARTICLE IV EMPLOYER SECURITY . . . . . . . . . . . . . . . . . 2 ARTICLE V EMPLOYER AUTHORITY . . . . . . . . . . . . . . . . . 2 ARTICLE VI EMPLOYEE RIGHTS . . . . . . . . . . . . . . . . . . 2 ARTICLE VII DEFINITIONS . . . . . . . . . . . . . . . . . . 6 ARTICLE VIII SAVINGS CLAUSE . . . . . . . . . . . . . . . . . 7 ARTICLE IX WORK SCHEDULES . . . . . . . . . . . . . . . . . . 7 ARTICLE X OVERTIME PAY . . . . . . . . . . . . . . . . . . . 7 ARTICLEXI CALL BACK . . . . . . . . . . . . . . . . . . . . . 8 ARTICLE XII LEGAL DEFENSE . . . . . . . . . . . . . . . . . . 8 ARTICLE XIII RIGHT OF SUBCONTRACT . . . . . . . . . . . . . . 8 ARTICLE XIV DISCIPLINE. . . . . . . . .. . . . . . . . . . . . 8 ARTICLE XV SENIORITY . . . . . . . . . . . . . . . . . . . . . 9 ARTICLE XVI PROBATIONARY PERIODS . . . . . . . . . . . . . . . 9 ARTICLE XVII SAFETY . . . . . . . . . . . . . . . . . . . . . 9 ARTICLE XVIII JOB POSTING . . . . . . . . . . . . . . . . . . 9 : ARTICLE XIX INSURANCE . . . . . . . . . . . . . . . . . . . . 10 ARTICLE XX ANNUAL LEAVE . . . . . . . . . . . . . . . . . . . 10 ARTICLE XXI SHORT TERM DISABILITY . . . . . . . . . . . . . . 12 ARTICLE XXII STANDBY PAY AND MINIMUM CALLBACK ........ 13 ARTICLE XXIII EMPLOYE EDUCATION PROGRAM . . . . . . . . . . . 13 ARTICLE XXIV FUNERAL PAY . . . . . . . . . . . . . . . . . . . 14 ARTICLE XXV JURY PAY AND WITNESS FEES . . . . . . . . . . . . 15 ARTICLE XXVI MILITARY LEAVE . . . . . . . . . . . . . . . . . 15 ARTICLE XXVII INCENTIVE PAY (LONGEVITY) . . . . . . . . . . . 15 ARTICLE XXVIII HOLIDAYS . . . . . . . . . . . . . . . . . . . 15 ARTICLEXXIX UNIFORMS . . . . . . . . . . . . . . . . . . . . I5 ARTICLE XXX REPRESENTATIVE OF AREA WIDE NEGOTIATIONS. .... 16 ARTICLEXXXI INSURANCE . . . . . . . . . . . . . . . . . . . . 16 ARTICLEXXXII WAIVER . . . . . . . . . . . . . . . . . . . . . 16 ARTICLE XXXIII DURATION . . . . . . . . . . . . . . . . . . . 16 APPENDIXA . . . . . . . . . . . . . . . . . . . . . . . . . . 18 APPENDIX'B . . . . . . . . . . . . . . . . . . . . . . . . . . 19 APPENDIXC . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 : LABOR AGREEMENT BETWEEN THE CITY OF FRIDLEY AND THE INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL NO. 49 AFL-CIO ARTICLE I. PURPOSE OF AGREEMENT This AGREEMENT is hereinafter called International Union called the UNION. entered into between the� CITY OF FRIDLEY, the EMPLRYER, and the Local No. 49, of Operating Engineers, AFL-CIO, hereinafter It is the intent and purpose of the AGREEMENT to: 1.1 Establish certain hours, wages and other conditions of employment; 1.2 Establish procedures for the resolution of disputes concerning this AGREEMENT'S interpretation and/or application; and 1.3 Specify the full and complete understanding of the parties; and 1.4 Place in written form the parties� agreement upon terms and conditions of employment for the duration of this AGREEMENT. The EMPLOYER and the UNION, through the AGREEMENT, continue their dedication to the highest quality of public service. Both parties recognize this AGREEMENT as a pledge of this dedication. ARTICLE II. RECOGNITION The EMPLOYER recognizes the UNION as the exclusive representative in a unit as certified by the Minnesota Bureau of Mediation Services. ARTICLE III. UNION SECURITY In recognition of the UNION as the exclusive representative, the EMPLOYER shall: 1 : 3.1 Deduct each payroll period an amount sufficient to provide the payment of dues established by the UNION from the wages of all employees autharizing in writing such deduction, and 3.2 Remit such deduction to the appropriate designated officer of the UNION. 3.3 The UNION may designate certain employees from the bargaining unit to act as stewards and shall inform the EMPLOYER in writing of such choice. 3.4 The UNION agrees to indemnify and hold the EMPLOYER ha7cmless against any and all claims, suits, orders, or judgme��s brought or issued against the CITY under the provisions of this Article. ARTICLE IV. EMPLAYER SECURITY The UNI�N agrees that during the_life of this AGREEMENT it will not cause, encourage, participate in or support any strike, slow-down or other interruption of or interference with the normal functions of the EMPLOYER. ARTICLE V. EMPLOYER AUTHORITY 5.1 The EMPLOYER retains the full and unrestricted right to operate and manage all manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct, and determine the number of personnel; to establish work schedules and to perform any inherent managerial function not specifically limited by this AGREEMENT. ' 5.2 Any term and condition of employment not specifically established or modified by this AGREEMENT shall remain solely within the discretion of the EMPLOYER to modify, establish, or eliminate. ARTICLE VI. EMPLOYEE RIGHTS -- GRIEVANCE PROCEDURE 6.1 DEFINITION OF A GRIEVANCE A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this AGREEMENT. 6.2 UNION REPRESENTATIVES The EMPLOYER will recognize REPRESENTATIVES designated by the UNION as the grievance representatives of the bargaining unit having the duties and responsibilities established by the 2 : Article. The UNION shall notify the EMPLOYER in writing of the names of such UNION REPRESENTATIVES and of their successors when so designated. 6.3 PROCESSING OF A GRIEVANCE 6.4 It is recognized and accepted by the UNION and the EMPLOYER that the processing of grievances as hereinafter provided is limited by job duties and responsibilities of the EMPLOYEES and shall therefore be accomplished during normal working hours only when consistent with such EMPLOYEE duties and responsibilities. The aggrieved EMPLOYEE and the UNION REPRESENTATIVE shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the EMPLOYER during normal working hours provided that the EMPLOYEE and the UNION REPRESENTATIVE have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the EMPLOYER. Grievances, as defined by Section 6.1, shall be resolved in aonference with the folZowing procedure: Step l. An EMPLOYEE claiming a violation concerning the interpretation or application of this AGREEMENT shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the EMPLOYEE'S supervisor as designated by the EMPLOYER. The EMPLOYER-designated representative will discuss and give an answer to such Step 1 grievance within ten (lOj calendar days after receipt.. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision of provisions of the AGREEMENT allegedly violated, and the remedy requested and shall be appealed to Step 2 within ten (10) calendar days after the EMPLOYER-designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the UNION within ten (10) days shall be considered waived. Step 2. If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER-designated Step 2 representative. The EMPLOYER-designated representative shall give the UNION the EMPLOYER'S Step 2 answer in writinq within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 3 ; I within ten (10) calendar days following the EMPLOYER- designated representative's final Step 2 answer. Any grievance not.appealed in writing to Step 3 by the UNION within ten (10) calendar days shall be considered waived. Step 3. If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER-designated Step 3 representative. The EMPLOYER-designated representative shall give the UNION the EMPLOYER'S answer in writing within t�� (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (14) calendar days following the EMPLOYER- designated representative�s final answer in Step 3. Any grievance not appealed in writing to Step 4 by the UNION within ten (lOj calendar days shall be considered waived. Step 4. A grievance unresolved in Step 3 and appealed in Step 4 shall be submitted to the Minnesota Bureau of Mediation Services. A grievance not resolved in Step 4 may be appealed to Step 5 within ten (10) calendar days following the EMPLOYER'S final answer in Step 4. Any grievance not appealed in writing to Step 5 by the UNION within ten (10) calendar days shall be considered waived. Step 5. A grievance unresolved in Step 4 and appealed in Step 5 shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. If the parties cannot agree upon an arbitrator the selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Public Employment Relations Board. 6.5 ARBITRATOR'S AUTHORITY A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the EMPLOYER and the UNION, and shall have no authority to make a decision on any other issue (s) not so submitted. B. The arbitrator shall be without power to make decisions contrary to or inconsistent with, or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator's 4 : � � decision shall be submitted in writing within thirty (30) days following the alose of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the EMPLOYER and the UNION and shall be based solely on the arbitrator's interpretation or application of the express terms of this_AGREEMENT and to the facts of the grievance presented. C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the EMPLOYER and the UNiON provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. if both parties desire a verbatim record of the proceedings, the cost shall be shared equally. 6.6 WAIVER If a grievance is not presented within limits set forth above, it shall be aonsidered "waived". If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the EMPIAYER'S last answer. If the EMPLOYER does not answer a grievance or an appeal thereof within the specified time limits, the UNiON may elect to treat the grievance as denied at that step and itamediately appeal the grievance to the next step. The time limit in each step may be extended by mutual agreement of the EMPLOYER and the UNION. 6.7 CHOICE OF REMEDY If, as a result of the EMPLOYER response in Step 4, the grievance remains unresolved, and if the grievance involves the suspension, demotion, or discharge of an employee who has completed the required probationary period, the grievance may be appealed to Step 5 of Article VI or a procedure such as: Civil Service, Veteran's Preference, or Fair Employment. If appealed to any procedure other than Step 5 of Article VS, the grievance is not subject to the arbitration procedure as provided in Step 5 or Article VI. The aggrieved employee shall indicate in writing which procedure is to be utilized (Step 5 or Article VI or another appeal procedure) and shall sign a statement to the effect that the choice of any other hearing precludes the aggrieved employee from making a subsequent appeal through Step 5 of Article VI. 5 : �J ARTICLE VII. DEFINITIONS 7.1 UNTON The International Union of Operating Engineers, Local No. 49, AFL-CIO.� 7.2 EMPLOYER The City of Fridley. 7.3 UNION MEMBER A member of the International Union of Operating Engineers, Local 49, AFL-CIO. 7.4 EMPLOYEE A member of the exclusively recognized bargaining unit. 7.5 BASE RATE OF PAY The Employee's hourly pay rate exclusive of longevity or any other special allowance. 7.6 SENIORITY Length of continuous service in any job classifications covered by ARTICLE II -- RECOGNITION. Employees who are promoted from job classification covered by this AGREEMENT and return to a job classification covered by the AGREEMENT shall have their seniority calculated on their length of service under this AGREEMENT for purposes of promotion, transfer and lay off and total length of service with the EMPLOYER for other benefit under this AGREEMENT. 7.7 SEVERANCE PAY Payment made to an employee upon honorable termination of employment. 7.8 OVERTIME Work performed at the express authorization of the EMPLOYER in excess of either eight (8) hours within a twenty-four (24) hour period (except for shift changes) or more than forty (40) hours within a seven (7) day period. 7.9 CALL BACK Return of an employee to a specified work site to perform assigned duties at the express authorization of the EMPLOYER 0 •. at a time other than an assigned shift. An extension of or early report to an assigned shift is not a call back. 7.10 STANDBY PAY Compensation for standing by at the City's request, or being available for work on days that are normally considered to be employee's day off. AR.TICLE VIII. SAVINGS CLAUSE The AGREEMENT is subject to the laws of the United States, the State of Minnesota and the signed municipality. In the event any provision af this AGREEMENT shall be held to be contrary to law by a court of competent jurisdiction from whose final judgement or decree no appeal has been taken within the time provided, such provisions shall be voided. All other provisions of the AGREEMENT shall continue in full force and effect. The voided provision may be renegotiated at the request of either party. ARTICLE IX. WORK SCHEDULES 9.1 The sole authority in work schedules is the EMPLOYER. The normal work day for an employee shall be eight (8) hours. The normal work week shall be forty (40j hours Monday through Friday. 9.2 Service to the public may require the establishment of regular shifts for some employees on a daily, weekly, seasonal, or annual basis other than the normal 8:00-4:30 day. The EMPLOYER will give seven (7) days advance notice to the emp7,oyees affected by the establishment of work days different from the employee's normal eight (8) hour work day. 9.3 In the event that work is required because of unusual circumstances such as (but not limited toj fire, flood, snow, sleet, or breakdown of municipal equipment or facilities, no advance notice need by given. It is not required that an employee working other than the normai workday be scheduled to work more than the eight (8) hours; however, each employee has an obligation to work overtime or call backs if requested unless unusual circumstances prevent the employee from so workinq. 9.4 Service to the public may require the establishment of regular work weeks that schedule work on Saturdays andJor Sundays. ARTICLE X. OVERTIME PAY 10.1 Hours worked in excess of eight (8) hours within a twenty-four (24) hour period (except for shift changes) or more than forty (40) hours within a seven (7) day period will be compensated 7 : � for at one and one-half (1 1/2) times the employee's reguZar base pay rate. 10.2 Overtime will be distributed as equally as practicable. 10.3 Overtime refused by employees will for record purposes under .ARTICLE 10.2 be considered as unpaid overtime worked. 10.4 For the purpose of computinq overtime compensation, overtime hours worked shall not be pyramided, compounded, or paid twice for the same hours worked. ARTICLE XI. CALL BACK An employee called in for work at a time other than the employee's normal scheduled shift will be compensated for a minimum of two (2) hours� pay at one and one-half (1 1/2) times the employee's base pay rate. ARTICLE XII. LEGAL DEFENSE 12.1 Employees involved in litigation because af negligence, ignorance of laws, nan-observance of laws,or as a result of employee judgmental decision may not receive legal defense by the municipality. 12.2 Any employee who is charged with a trafFic violation, ordinance vioiation or criminal offense arising from acts performed within the scope of the employee's employment, when such act is performed in good faith and under direct order of the employee's supervisor, shall be reimbursed for reasonable attorney's fees and court costs actually incurred by such employee in defending against such charge. ARTICLE XIII. RIGHT OF SUBCONTRACT Nothing in this AGREEMENT shall prohibit or restrict the right of the EMPLOYER from subcontracting work performed by employees covered by this AGREEMENT. ARTICLE XIV. DISCIPLINE 14.1 The EMPLOYER will discipline employees only for just cause. 14.2 An employee(s) will not be required to participate in an investigatory interview by the EMPLOYER where the information gained irom the interview could lead to the discipline of the employee(s) unless the employee(s) is given the opportunity to have a third party or the Union Representative present at the interview to act as a witness for the employee(s). 8 .. ARTICLE XV. SENIORITY 15:1 Seniority will be the determining criterion for transfers, promotions and lay-offs only when all job-relevant qualifications factors are equal. 15.2 Seniority will be the determining criterion for recall when the job-relevant qualification factors are equal. Recall rights under this provision will continue for twenty-four (24) months after lay off. Recalled employees shall have ten (l0) working days after notification of recall by registered mail at the employee's last known address to report to work or forfeit all recall rights. ARTICLE XVI. PROBATIONARY PERIODS 16.1 Every newly hired or rehired employee will serve a twelve (12) month probationary period.� 16.2 Every employee will serve a twelve (12) month probationary period in any job classification in which the employee has not served a probationary period. 16.3 At any time during the probationary period, a newly hired or rehired employee may be terminated at the sole discretion of the EMPLOYER. 16.4 At any time during the probationary period, a promoted or reassigned employee may �be demoted or reassigned to the employee�s previous position at the sole discretion of the EMPLOYER. ARTICLE XVIi. SAFETY The EMPLOYER and the UNION agree to jointly promote safe and healthful working conditions, to cooperate in safety matters and to encourage employees to work in a safe manner. ARTICLE XVIII. JOB POSTING 18.1 The EMPLOYER and the UNION agree that permanent job vacancies within the designated bargaining unit shall be filled based on the concept of promotion or transfer from within provided that applicants: 18.11 have the necessary qualifications to meet the standards of the job vacancy; and 18.12 have the ability to perform the duties and responsibilities of the job vacancy. E : 18.2 Employees filling a higher job class based on the provisions of the ARTICLE shaZl be subject to the conditions of ARTiCLE XVI (PROBATIONARY PERIOD). 18.3 The EMPLOYER has the right oF final decision in the selection of employees to fill posted jobs based on qualifications, abilities and experience. 18.4 Job vacancies within the designated bargaining unit will be posted for five (5) working days so that members of the bargaining unit can be considered for such vacanaies. ARTICLE XiX. INSURANCE 19.1 The EMPLOYER will contribute up to a maximum of three hundred forty-five dollars ($345.00) per month per EMPLOYEE toward group health and life insurance for EMPLOYEES choosing dependent coverage for calendar year 1995. 19.2 The EMPLOYER will contribute up to a maximum of two h��dred ten dollars ($210.00) per month per EMPLOYEE toward group health and life insurance for EMPLOYEES choosing single coverage for calendar year 1995. 19.3 By mutual agreement EMPLOYEES may use fifteen dollars ($15.00) of the per month per employee of health insurance dollars in 19.1 and 19.2 for dental insurance for all unit EMPLOYEES. 19.4 EMPLOYEES not choosing dependent coverage cannot be covered at EMPLOYER expense for any additional insurance than the individual group health and group life insurance. Addit�.nnal Iife insurance can be purchased by EMPLOYEES at the EMPLOYEB' S expense to the extent allowed under the EMPLOYER'S group policy. ARTICLE XX. ANNUAL LEAVE 20.1 Each employee shall be entitled to annual leave away from employment with pay. Annual leave may be used for scheduled or emergency absences from employment. Annual leave pay shall be computed at the regular rate of pay to which such an employee is entitled; provided, however, that the amount of any compensation shall be reduced by any payment received by the employee from workers' compensation insurance, Public Employees Retirement Association disability insurance, or Social Security disability insurance. An employee's accumulation of annual leave will be reduced only by the amount of annual leave for which the employee receives compensation. 10 : 20.2 Seniority shall apply on scheduled annual leave up to May lst of each year. After May lst, scheduled annual leave shall be on a first come, first served basis. 20.3 A beginning employee shall accrue annual leave at the rate of eiqhteen (18) days per year for the first seven (7) years (84 successive monthsj. An employee who has worked seven (7) years (84 successive months) shall accrue annual leave at the rate of twenty-four (24) days per year, beginning with the eighty-fifth (85th) month of successive employment. An employee who has worked fifteen (15) years (180 successive months) shall accrue annual leave at the rate of twenty-six (26) days per year, beginning with the one hundred eighty-first (isist) month of consecutive empioyment. These rates are based on a forty (40) hour regular work week. The actua�. amount credited to an employee in any given pay period shall be prorated according to the actual number of regular hours worked during that pay period. Hours worked on overtime, callback, or standby� shall not enter into the calculation of the accrual of annual leave. 20.4 For an employee hired on or after•July 1, 1983: The maximum total accumulation of annual leave at the end of any given year shall be thirty (30j days. Once a year, at a time designated by the City, an employee who has completed seven (7) years of service with the City will have the opportunity to exchange up to three {3j days of accumulated annual leave for cash. At the same time, an employee who has completed fifteen (15) years of service with the City will have the opportunity to exchange up to 5 days of accumulated annual leave for cash. � 20.5 For an employee hired before July 1, 1983: Vacation accrued but unused as of June 30, 1983 shall be converted to annual leave at the rate of one (1) day of annual leave for one (1) day of vacation. Accrued but unused sick leave as of June 30, 1983 shall be converted to annual leave according to the following schedule: a. lst 45 days @ 1 day of annual leave for 1 day of sick leave • b. 2nd 45 days @ 1 day of annual leave for 2 days of sick leave c. Remainder @ 1 day of annual leave for 3 days of sick leave. In lieu of severance pay, one hour of annual leave shall be credited for each full month of employment up to a maximwn of two hundred forty (240) hours. 11 : The total amount of annual leave credited to the employee�s balance as of July 1, 1983 shall be equal to accrued but unused vacation plus the amount in lieu of severance pay. If upon conversion to the annual leave plan an employee's accumulation of annual leave exceeds thirty (30) days, that amount shall be the maximum total accumulation (cap) for that employee at the end of any subsequent year. Once a year, at a time designated by the City, an e�ployee will have the opportunity to exchange up ta five-(5) day� of:-, accumulated annual leave for cash. In addition, once a year at a time designated by the City, an employee with an accumulation of annual leave in excess of thirty (30) days will have the opportunity to exchange up to five (5) days of annual leave for cash. Such an exchange shall reduce the maximum total accumulation (cap) of an employee by an equaZ amount. 20.6 Upon separation from employment with the City, an eaiployee will be paid one (1) day's salary for each day of accrued annual leave remaining in the employee's balance. ARTICLE XXI. SHORT TERM DISABILITY 21.1 Each employee who has successfully completed the employee�s probationary period shall be eligible for the short term disability benefit. Sstch an employee shall be entitled to fulY pay commencing on the twenty-first (21st) consecutive working day on which the employee is absent due to a physician-certified illness or injury off the jab, and continuing until the employee returns to work ab1.e to carry out the full duties and responsibilities of the employee's position or through the one hundred and tenth (llOth) vorking day of absence, whichever occurs first. Such an emmployee shall also be entitled to full pay commencing on the eleventh (ilth) consecutive working day on which the employee is absent due to a physician-certified illness or injury on the job and continuing until the employee returns to work able to carry out the duties and responsibilities of the employee's position or through the one hundredth (100thj working day of absence, whichever occurs first. The amount of any compensation for the short term disability benefit shall be reduced by any payment received by the disabled employee from workers' compensation insurance, Public Employees Retirement Association disability insurance, or Social Security disability insurance. Payment of short term disability benefit by the City to an employee shall not exceed ninety (90) working days for any single iZlness or injury, regardless of the number and spacing of episodes. The annual Zeave balance of an employee receiving short term disability benefit shall 12 � not ba reduced, nor shall such employee accrue annual leave during that period. 21.2 Before any short term disability payments are made by the City to an employee, the City may request and is entitled to receive a certificate signed by a competent physician or other medical attendant certifying to the fact that the entire absence was, in fact, due to the illness or injury and not otherwise. The City also reserves the right to have an examination made at any time of any employee claiming payment under the short term disability benefit. Such examination may be made on behalf of the City by any competent person designated by the City when the City deems the same to be reasonably necessary to verify the illness or injury claimed. 21.3 If an employee hired before July 1, 1983, has received payments under the injury-on-duty provisions of previous contracts, the number of days for which payment was received will be deducted from the number of days of eligibility for coverage under short term disability for that same injury. ARTICLE XXII. STANDBY PAY AND MINIMUM CALLBACK FOR STANDBY EMPLOYEES 22.1 Employees who are designated by the City Manager to serve in a"standby" status on behalf of the City on a Saturday, Sunday or Holiday will receive as compensation for such service as "standby" two (2) hours of overtime pay for each day served in such status. 22.2 Employees required to "standby" during the week will receive as compensation for such service four (4) hours pay at the overtime rate. 22.3 If on any such day the Employee on "standby" shall actually perform work for the City, the Employee shall be entitled to compensation for each hour or portion thereof actually worked at the overtime rate of pay, which shall be in addition to the standby pay. 22.4 An Employee who is on standby and is called out to perform work shall be paid a minimum of one (1) hour overtime for performing such work. A.RTICT�E XXIII. EMPLAYEE EDUCATION PROGRAM 23.1 The Employees who were reqistered for a graduate or undergraduate degree program prior to January 1, 1995 but who were not registered for a ctraduate or undergraduate deg�ee program prior to January 1, 1995 the Citv will pav instructional costs up to a maximum of 52,250.00 per employee per year for training courses relevant to the Emulovee's 13 : present or anticipated career responsibilities at City- approved institutions. The City will pay fifty percent (50�) of the cost in advance, and the Employee will pay the other fifty percent (50�). The Employee will be required to present to his Department Manager a certification of satisfactory work when the course is completed. The City will pay tuition costs for training courses relevant to the Employee's present or anticipated career responsibilities at City-approved institutions. The City will pay fifty percent (50�) of the cost of tuition in advance and the Employee will pay the other fifty percent (50�). Th� Employee will be required to present to his Department Head a certification of satisfactory work when the course is completed. a. Courses issuing a letter grade: a pC" or above is required. b. Courses issuinq a numerical grade: a 70 percent grade is required. c. Courses not issuing a grade: A certification from the instructor certifying that the student has satisfactorily participated in the activities of the courses is required. 23.2 If the Employee satisfactorily completes the course, the Employee will be reimbursed for the additional fifty percent (50�) of the tuition. The City will not reimburse the Employee for fees which are charged for instruction, associated administrative expense, books, student membership, student health coverage and other charges for which the student receives some item or service. 23.3 The City will not reimburse the Employee for expenses reimbursed under some other education system or program, e.g. G.I. Bill. ARTICLE XXIV. FUNERAL PAY In case of death occurring in the immediate family of an Employee, such an Employee may be excused from work for up to three (3) days with additional time off granted by the City Manager if additional time is needed. This time off shall not subject the Employee to loss of pay. For this purpose, members of the immediate family of the Employee are considered to be the following: spouse, child (Natural or adopted), parent, grandparent, brother, sister, mother-in-law or father-in-law. 14 : ARTICLE XXV. JURY PAY AND WITNESS FEES An Employee who has been duly summoned for jury duty in any caurt, or who has been duly summoned as a witness in any proceedinq, shall be excused from work in accordance therewith. Such employee shall be entitled to receive as pay a sum of money equal to the difference between what the Employee received as compensation for such jury duty or witness fees, and the Eraployee's regular pay. ARTICLE XXVI. MILITARY LEAVE Any Employee absent from work in accordance with the order of a duly established military authority shall receive pay and compensation during such absence as is provided by State Law.. ARTICLE XXVII. INCENTIVE PAY (LONGEVITY) Incentive Pay will be paid over and above the base rate of pay for employees permanently hired prior to March 31, 1973 according to the following schedule: After 5 years of Service: After 10 years of Service: After 15 years of Service: 2-1/2� of base salary rounded to the nearest dollar amount 5� of base salary rounded to the nearest dollar amount. 7-1/2� of base salary rounded to the nearest dollar amount. The City of Fridley has agreed to pay incentive pay to Employees hired prior to March 31, 1973, in recognition of their prior service and contribution to the City of Fridley." Neither the City nor the UNION will attempt to take away longevity or incentive.pay for those persons hired prior to March 31, 1973, in future contracts. The amount of incentive pay for eligible Employees will be negotiated for the affected Employees. ARTICLE XXVIII. HOLIDAYS The EMPLOYER will provide eleven (11) paid holidays. In addition, employees shall be paid at one and one-half (1-1/2) times their base rate of pay for all hours worked on eleven (11) City designated holidays. ' ARTICLE XXIX. UNIFORMS The City of Fridley will furnish uniforms to Employees of the bargaining unit free of charge to the Employee. The City reserves the right to select the type of uniform to be furnished. The City 15 : will agree to furnish rain equipment and special safety equipment for all Employees. ARTICLE XXX. REPRESENTATIVE ON AREA WIDE NEGOTIATIONS If the UNION chooses to use one of the personne2 from the Fridley work force as a representative on the area wide bargaining unit for more than one year in three, Local No. 49 will pay the salary of such Employee for the second year for the time spent on area wide negotiations. The purpose is to spread the cost of such negotiation among the several communities involved in joint negotiations. ARTICLE XXXI. INSURANCE The City will provide group term Zife insurance with a maximum of $25,000 per Employee and additional accidental death and disability insurance with a maximum of $25,000 per Employee. Provided that the total City cost for all insurance premiums does not exceed the amount set forth in ARTICLE XIX. ARTICLE XXXII. WAIVER 32.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions- of employment, to the extent inconsistent this the provisions of this AGREEMENT, are hereby superseded. 32.2 The parties mutually acknowledge that during the negotiations which resulted in this AGREEMENT, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this AGREEMENT for the stipulated duration of the AGREEMENT. The EMPLOYER and the UNION each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered in this AGREEMENT or with respect to any term or condition of employment not specifically referred to or covered by this AGREEMENT, even though such terms or conditions may not have been within the knowledge or contemplation of either or both of the parties at the time this contract was negotiated or executed. ARTICLE XXXIII. DURATION The AGREEMENT shall be effective as of January 1, 1995 and shall remain in full force and effect until the 31st day of Deceiaber, 1995. Z6 : IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on this day of , 1994. FOR THE INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO. 49, AFL-CIO Fred D�reschuk, Business Manager John Pendzimas, President John M. Schouveller, Recording Secretary Tim R. Connors, Business Represe.ntative David Lindquist, Steward David Jensen, 5teward FOR THE CITY OF FRIDLEY William J. Nee, Mayor William W. Burns, City Manager I hereby recommend approv,al of is agreement. 7 . �; ' ` �/� l� , -G.��.�r1ti� � % illiam C. Hunt - Ass stant to the City Manager � z__.__ � n G. Flora, Director of Public Works/City Engineer 17 ; � . PSW�A.l PSW-A.2 APPENDIB A WAGES 1995 Public Services Worker (PSW) Entry After one (1) year of satisfactory performance in PSW-A classification PSW-B.1 After two (2) years of satisfactory performance in PSW-A classification and achievement of minimum qualifications PSW-8.2 After one (1) year of satisfactory performance in PSW-B classification PSW-C After two (2) years of satisfactory performance in PSW-B classification and achievement of minimum qualifications , PSW-C (Maintenance II in 1989) PSW-D After five (5j years of satisfactory performance and achievement of minimum qualifications PSW-D (Maintenance III in 1989) Hourly Rate $11.21 $12.04 $12.89 $13.74 $14.58 $15.10 $15.42 $15.72 Advancement to the next step will occur at the next regular pay period following satisfactory completion of the time of service requirement and achievement of minimum qualifications, if pertinent. Mechanic Level Hour1Y Rate A $ Z4 . 58 B $ 15.72 Person assigned to Lead Mechanic $ 16.35 8easonal/Temporary Employees Employees employed by the employer on a seasonal/temporary basis for no more than 125 working days per calendar year either in a full-time (more than 14 hours per week) or part-time capacity will be compensated as determined by the employer for the term of this employment. Such employees will not be eligible for any benefits under the Agreement except those which may be required by law. :-- .. APPENDI$ B PUBLIC WORRS MAINTENANCE MINIMQM REQIIIREMENTB Public Bervices Worker Level A Minimum Requfrements High School Diploma, GED or equivalent. Valid Minnesota Class B Driver's License. Successful completion of City's physical examination including drug testing, if required. Ability to read, understand, and follow written and oral instructions, including safety rules. , Ability to meet the physical demands of the job including but not limited to lifting, bending, climbing, reaching overhead, pusi�ing and pulling. Abiiity to perform job responsibilities in climatic extremes. Abiiity to perform routine repair and maintenance tasks in one or more of the following sections: Streets, Parks, Sewer, Water, Vehicle Maintenance. Ability to work cooperatively as a member of a crew or team. 19 8CC Public services Norker Level B Minimum Requirements Meets or exceeds all the minimum requirements of Public Services Worker Level A Completion of two (2j years of experience at Level A Minnesota Class B driver's license or appropriate Commercial Driver's License Successful completion of all applicable City safety and hazardoug - materials training Safe work practices and safe driving record Adherence to City's policies in regard to tardiness and sick leave Adherence to all other policies and procedures for City employees Ability to deal effectively and tactfully with the public Good knowledge of location of streets and public facilities Working knowledge of fundamental job duties CERTIFICATION: For Streets Workers: Ability to use non-motorized and small engine types of equipment in area of job responsibilities For Parks Workers: Minnesota Non-Commercial Pesticide/Herbicide Applicator License/Certificate For Sewer Workers: For Water Workers: Certificate Class S-D Waste Water Operator's Certificate Class D Water Supply System Operator's For Mechanic's Helper: Demonstrated ability in the repair of small engines and routine vehicle maintenance � : � � I 0 Public services Aorker Level C Minimunt Requirements Meets or exceeds all the minimum requirements of Public Services Worker Level B Completion of two (2) years of experience at Level B Ability to work with minimum amount of on-site supervision Good knowledge of all operations, preventive maintenanGe and routine repair of equipment operated in area of job responsibility Enrollment in a Public Works Certificate Program or other program related to public works maintenance offered by a technical college or community college with successful completion of one quarter of course work (at least 16 quarter credits) Good knowiedge of inethods and materials used in area of job responsibility CERTIFICATION: For Streets Workers: Completion of course work (at least three (3) quarter credits), in-service training, or certification in one (1) or more areas including but not limited to the following areas: bituminous technology and repait, light equipment operation, tree trimming, traffic control, asphalt testing, sign making, pavement marking, snow removal For Parks Workers: In addition to Minnesota Non-Commercial Pesticide/Herbicide Applicator License/Certificate, successful completidn of a course at a technical college (at least 3 quarter credits) or other certification designated by the City after consultation with Local 49 in one (1) or more areas including but not limited to the following: landscaping, irrigation, entomology, forestry, turf maintenance, building maintenance and construction, concrete finishing, and surveying For Sewer Workers: Class S-C Waste Water Operator's Certificate For Water Workers: Class C Water Supply System Operator's Certif icate 21 : � Public Sernices Worker Level D Minimum Requirements Meets or exceeds all the minimum requirements of Public Services Worker Level C Completion of one (ij year of experience at Level C Completion of a Public Works Certificate Program or other program related to public works maintenance offered by a technical colleqe or community college with successful completion of three (3).�. quarters of course work (at least 48 quarter credits) , providard•.... that, during 1990 only, this requirement is waived for�~emplolree�•° in the Maintenance II classification on December 31, I989, upon achievement of ten years of service in the Public Works Maintenance Division of the City For sewer workers a Class S-B Waste Water Operator's Certificate may be substituted for the education requirement. For water workers a Class B Water Supply System Operator�s Certificate may be substituted for the education requirement. Ability to work without direct on-site supervision and to make on- site decisions reZated to task assignments Broad knowledge of operational aspects of public works maintenance department/division CERTIFICATION: For Streets Workers: Successful completion of a certified heavy equipment training pragram or equivalent training and experience, and completion of course work (at 2east three (3) quarter credits), in-service training, or certification in two (2) or more areas including but not limited to the following areas: bituminous technology and repair, tree trimming, traffic control, asphalt testing, sign making, pavement marking, snow removal, and basic carpentry. For Parks Workers: In addition to Minnesota Non-Commercial Pesticide/Herbicide Applicator License/Certificate, successful completion of a course at a technical college (at least 3 quarter credits) or other certification designated by the City after consultation with Local 49 in three (3) or more areas including but not limited to the following: landscaping, irrigation, entomology, forestry, turf maintenance, building maintenance and construction, concrete finishing, and surveying . 22 8FF APPENDI% C PIISLIC WORKS MAINTENANCE MINIMQM REQIIIREMENTS Mechanic Level A High school diploma, GED, or equivalent. Valid Minnesota Class B Driver's License or appropriate Commercial Driver's License. Successful completion of City's physical examination including drug testing, if required. Ability to read, understand, and follow written and or�l instructions, includinq safety rules. Ability to meet the physical demands of the job includinq but not limited to lifting, bending, climbing, reaching overhead, pushing� and pulling. Course work or experience in diesel mechanics. E�erience in electric and gas welding. Two (2) years of applicable experience in auto and/or diesel maintenance and repair with a variety of light and heavy equipment. One (1j year of technical college course work (51 quarter credits) in auto or diesel mechanics or certification as a Master Automotive Technician by the National Institute for Automotive Service Excellence. One additional year of appliaable experience.can be substituted for up to seventeen (17) quarter credits. Level B Meets or exceeds all the minimum requirements of Level A. Three (3) years of applicable experience in auto and/or diesel maintenance and repair with a variety of light and heavy equipment or one (1) year experience as Mechanic, Level A, with the City of Fridley. One (1) year of technical college course work (51 quarter credits) in auto or diesel mechanics or certification as a Master Automotive Technician by the National Institute for Automotive Service Excellence. 23 8GG r _ � . Community Development Department PLANNING DIVISION City of Fridley DATE: December 15, 1994 � To: William Burns, City Manaqer�� FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Steven Barg, Planning Assistant SU&7ECT: First Reading of an Ordinance Amending Chapters 506 and 128 of the Fridley City Code, Regarding Parking of Large Commercial Vehicles on Residential Property Backctround On October 17, 1994, the Fridley City Council held a public hearing regarding a proposed ordinance amendment limiting the parking of large commercial vehicles on residential property. The City Council instructed staff to address several concerns and prepare a revised ordinance amendment for its consideration. Staff has addressed these concerns and provides the attached ordinance amendment for first reading. Rey Issues The revised ordinance includes a number of amendments to address various issues (a summary sheet concerning the revisions made is attached for your review). The main issues are as follows: i. Permit requirement As the City Council directed, staff has removed the requirement stating that the owner of a large commercial vehicle must obtain a permit to keep this vehicle on his property and limiting the number of days in which the vehicle can be parked on the site. Simply stated, the revised ordinance proposal allows a property owner to keep one vehicle in excess of 12,000 pounds licensed gross weight on his residential property provided that all other criteria set forth in the ordinance are fully met. 2. Idlinq Staff investigated the City Council's concerns relating to � f First Reading; Large Commercial Vehicles December 15, 1994 Page 2 excessive noise and fumes created by vehicle idling. The Minnesota Pollution Control Agency (MPCA) has no restrictions pertaining to so-called "impact noises" which would address the starting of loud vehicles. In addition, MPCA rules state that no local government unit may set standards more stringent than the maximum sound levels established by the MPCA. Staff spoke with the City's Public Works Superintendent, Paul Lawrence, and large truck operators to determine a reasonable standard for idling large diesel powered vehicles. From these conversations, it appears that 30 minutes is a reasonable maximum time period for idling large diesel powered vehicles even during very cold weather. Bob Hartwig who is involved with a national over-the-road truckers association has contacted manufacturers of such vehicles and was informed that a 30 minute maximum idling time is reasonabl.e and should be observed. In addition, staff conducted a sound test using a Public Works vehicle with a licensed gross weight of approximately 27,000 pounds, which is similar in size to the larger truck owned by Mr. Webber of 1371 - 75th Avenue N.E. This test revealed that the sound produced by this vehicle exceeded the L50 standards of the City's noise ordinance (applies to noise occurring for 50� or more of any one hour period) and therefore should not be idled for more than 30 minutes in any one hour period. Staff's revision to the ordinance proposal reflects this change. 3. Definitions Staff has included additional language passenger automobiles, pick-up trucks, the revised ordinance clearly specifies trailers are exempt from the provisions Notification in the ordinance defining and vans. In addition, that boats and boat of this ordinance. Staff mailed letters to each of the 37 residents who attended the October 17, 1994 public hearing. These letters included a copy of the revised proposed ordinance amendment and stated that this ordinance would be considered for first reading at the December 19, 1994 meeting. Unfortunately, the revised ordinance included reference to the permit fee; this was an oversight. The attached ordinance does not contain reference to a fee. RECOMMENDATION Staff recommends that the City Council approve the attached ordinance for first reading at its December 19, 1994 meeting. SB/dw M-94-750 . � AMENDM8NT8 TO REVIBION OF CHAPTER 506 1. Changed 506.13.02 to delete permit requirement and to require that the vehicle cannot be idled for more than 30 minutes in any one hour period. 2. Added definition of passenger automobile before definition of "Residential Districtn: 4. Passenaer Automobile scooters, and buses as defined herein. 3. Added definition of "Pickup Truck" after passenger automobile: 5. Pickup Truck "Pickup truck" means any truck with a manufacturer's nominal rated carryinq capacity of three-fourths ton or less and commonly known as a pickup truck._ 4. Renumbered remaining definitions up to definition of "Vehicle". 5. Added definition of "Van" before definition of "Vehicle". 12._ Van "Van" means anv vehicle of box like desiqn with no barrier or separation between the oDerator's area and the remainder of the cargo carrving area and with a manufacturer's nominal ratina capacity of three-fourths ton or less, 6. Changed 506.13.02 to read: "Recreational vehicles as defined in Minnesota State Statutes 168.011, Subdivision 25, boats, and boat trailers are exempt from the provisions of Section 506.13.01." 7. Referred to Minnesota State Statutes in definitions of manufactured home, travel trailer, and truck. 8. Deleted "trailer" and added "van" to the definition of "Large Commercial Vehicle", 506.02.02. •- ,..:_ : � I � Q i DATE: TO: Com.m.unity� Development Department December 8, 1994 ��][�ANN]�G �IVISION City of Fridley William W. Bw�qs, City Managec FROM: Barbara Dacy, Community Development Director Scott J Ii'ickolS Planning Coordinator � c�Steven Barg, Plarming Assistant SUBJECT: Questions Regar�ing Large Commercial Vehicle OrdinancelStarting & Idling Large Trucks Staffunderstands that the City Council has expressed concerns and asked questions regarding �, . several-issues pertaining to the noise,and,odor created, by the, starting and idling of large diesel powered vehicles. Staffhas researched these concerns, and would like to provide the following response: 1. Does the State have standards reg,arding "impact" noise? Charlie Hendricks of the Ivlinnesota Pollution Control Agency (I��CA) states that in 199U they considered an "impulse noise" rule which would establish sound limits regarding these so-called impact or impulse noises which occur for brief increments of time. This rule would have affected sound produced by starting of. vehicle engines. The MPCA decided not to pursue adopting such a rule based primarily on enforcement difficulties, and the lack of similar standards in other states as revealed by MPCA research. Therefore, no standards regarding impact noise currently exist. 2. Can the City adopt noise standards more restrictive than the State statute? Subdivision 2 of Minnesota State Statute 11 b.07 (copy attached) states that: "No local governing unit shall set standards describing the ma.�cimum levels of sound pressure whieh are more stringent than those set hy the Pollution Control Agency." Staff discussed this matter with Mr. Hendricks who confirmed that the State �vill not permit municipalities to enact legislation regulating sound limits more strictly than State requirements. 3. What should constitute "reasonable idlinQ"? Staff spoke with Paul Lawrence, Public Works Superintendent, and Gary Phillips 9C �I11cLIC1 �%. BUI11S December 8, 1994 Page 2 of Gary's Automotive in an attempt to detemune what would constitute a reasc�nable time period for idling diesel powered vehicles. Based on these discussions, staff believe� that 30 min�tes would scem a reasonaUle time period for such idling, even in extremely cold weather. In addition, a significant reductiuti in necessary i@ling time and undesirable fumes/smoke produced can result from plugging in these vehicles to keep them heated when not in use. 4. What noise leveis are produced by larg,e trucks? Staffconducted a test to detemune the sound levels produced by diesel powered � vehicles. Stafftested a Public Works truck, (Ford L8000) with a licensed gross weight of approximateiy 27,000 Ibs. which would be similar to the truck owned by Mr. Weber at I37I - 75th Avenue N.E. Staffdeternuned the noise levels to be as follows: a. 10 feet from the vehicle - 76 dBA b. 25 feet from the vehicle - 71 dBA ."' c. SO feet &om the vehicle - 67``dBA ". Staffvideotaped this test should the Council wish to review it at a future time. Based on the above information, staff recoinmends that the large commercial vehicle ordimance include a provision limiting idling of vehicles to 30 minutes in any one hour period. This would conform to the normally enforced L50 standards of the City's noise ardinance which apply the 50 dBA and 60 dBA limits (night and day, respectively) to noise occurring for 50% or more of any one hour period. Although this is more restrictive than the Coon Rapids ordinance, it seems reasonable to Iimit idling in this way to more appropriately address neighborhood concerns. Please let us know if you have questions, or wish to discuss this further. SB:da M-94-730 •� .: \` ! 16.07 POLLUTION COIYTROL GF,�7C1 i,,, ;�>- _ . ��; ��_ �;•. ,:, to human ,health or welfa aiiima( or plant 1itc, or property, or could intcrfcrc unrra• ,��=;i ,��u,,� ,:� &onably with,the enjoym of fifc or property. [n adopting standards, thc poflutic►� control agency shail givc du r�cognition to the fact that thc quantity or charactcrisc�c� - ,.: .; � of noise orthe duration ol�ts presence in the outdoor atmosphere, which ma.• caucr .:;,� :;, :noise.poliution in one area Olthe state, may cause less or not cause any noise pollui,��� ,. . in another area oCthe state,:�nd it sfiall take into eonsidecation in this connecti'on si:ch ,, , factors, inciuding others which it may deem propec, as existing physieai conditi�». :;, �;:.;:_;,��;:, .: zoning classifcaiions, topography, metcorological conditions and thc fact that 3 s�: r.. �'•_ „.. ..:. dard �v�ich, may be prope 3in an essentialiy residential area of the state, ma�� not t+s �, �i.c�.� ;,�::. �u,:iproper,as:to:a highiv devel rndustrial area of the state. Such noise standards shat� b p p c�c�n�.owledge as well as effects based on technically subseanu• zt����;• r •;� �.: e: remisedu onscientifi ���� )c,ca� a�,ver,��ted�FrEtecia;a�d,commonl�accepfed.praetices. . t . -. .sa.aa.n-°7-1...,�,.�..., � � .;.aq '�, r T rti ,�,�; �, e�,� „ ;� rTh�.pollution control �ency-shall adopt standards for the identification of hazar�- 1:, .�. ��� ,�, !.,+.:: .._. �_:� ,flus aua�te and, for the management, identification, labeling, classi6cation, storaec. r�,!. _�: � nf i.:� leetion;,transpo�tation, pro�essing, and disposal of hazardous �-aste, recognizing �a�a ' �:r � ���! :« �� � :•��; due to.variable factors, a sicigle standard of hazardo.us waste control may not be app�u: - .;�F ;. ��,; �..;, •ble. to:at! areas of the state:=[n.adopting standards, the pollution control agenc.- s:�a': �, t� �; , Y, �,�: :�ecognize t:h�t elements ofoontcol which.may be reasonable and proper in densel.� �<�;�- � �, : s,..� .. ulated:areas;of the state m�y be-unreasonable and improper in spanely populated o: �` , �� �, � s, ,' r�mote. areas: oEthe state. Tbie agencyshalt consider existing physiral conditions, to�t�c- �rt a�;;3 y;�ct t..�a � t,s>. �raphy.-3oi15;.and geology, c�tnat� transportation and (anduse. Standards of hazardo�:� '�; „ , waste contt�ol shal! be prem�se�_on technical knowledge, and commonly accepted prs�- :k:. � ��r .�; � :'. ,:tices: Np,Joieal governmen�uritt stfaq set standards of hazardous waste control u�hi��. i�' ,,< �.:,�'.:sc;;;r, :.�.�te,in:_conftict or inconsist�tzvith� those set by the poilution control agenc.�. ,c .'; ,;::•.r ;•,•;,; : A;person �vho generates iess�than 100 kilograms of hazardous waste per moaan :� •� i�� :�.� ,_:. : exempt from the agency haiardous ��aste rutes retating to transportation, manifcs:i�;. �� r:�. ; storage,: and labeling for photographic 6xer and X-ray negative ��•astes that are h�za:.'• ,.: 's;° ,,.:, i�,: .� aus;solely because of silverycontent. Nothing in this paragraph exempts the gcncr�:: - ��;,; ��; :. €rom thc agencv s rules relaiing to on-site accumulation or outdoor storage. � poii'•=.:a: �,�_� � ,:�.: subdivision or other local=unii of eovernment may not adopt management reqcs'=• �� ,.:��;;_ � ments that are more restriceive than this paragraph. i �,.�:�s. . Subd. 2a. Exemptions from standards. No standards adopted by any stat� aa:-.:• , ,:.; for limiting le�•cls of noise in terms of sound pressure which ma�� occur in th� ou':'�='" . '' atmosphere shall apph• to ( I) se�ments of trunk highwa}•s constructed ��•itt� �:.:: �- ' interstate substitution monep, prot�id:d that all reasonabl.• availablz noise miti_<::� - ' :, ,, ,,, ,. measures nre cmplo�•ed �o ab:�te noise, (2) skeet, trap or shootinQ spons clubs. ;%' �' �: :�t _ �: the holding of motor �•ehicl� rac.� e�•�nts conducted at a facilit�• sp�cificall�� de�:-.�-�� � ;.�.:+ � •;. for.,that ;purpose that was in operation on or before July 1, 19S �. ti'othing her�ir. ��•-- -.;i�.. �..,r ;. ., prohibit a local unit oi government or a public corporation a�ith the po��er to �����•� :�. •. �,�;;;, i ,.�,, '.rules fpc the go�trnment of�its reat pcoperty from regulating the location and ope'�=`� - � f�.� ;,� of skcet. trap or shooting spons clubs, or tnc holding of motor �'ehicle raec e�'cn.` :�`��� •. � . ducted at :t f<tcilit�- s�����fc�ny dcsiened for that purpose that ���as in oper�tion �;'� ''� • bcforc Jul�' 1, I�>�;. Subd. 3. :ldministr.iti�•c ruk-s. }'ursuant and subjcct to thc pro��isiuns of :i�:::•:`' ,:, , ; 14, and thc pro�•isions hcreof, thc poil�tion control agcncy ma}• adopt, amcn�. :'�=" ,�, .- ,±,, :, , rescind rulcs go�•�rning its o•v+t;�dsniz�istration and proccdurc an� its stafi'and cmi'��'� ccs. { i Y - .. .�., ;,:i ,; ,;;. Subd. 4: ltulcs :�nd stand��ds. 1'ursuant and subjcct to thc provisions ol chai �-• `' .:;;t;;:; 14, and thc provisions hc�cof; thc pollution control agcncy may adopt, amcnd -^� ,.:, ,;,resCind rulcs and standard� h�.ving thc forcc of law rclating to any purposc ��•ithin �� = ,. , provisions of ta��s � 9G9, ctiaptcr f 046, for tfic prcvcntion, abatcmcnt, or control �i ==' . pollu[i�n. Any such rulc orst:u►dard may bc of 6cncral application throughout th� st=:�- j , or may bc limitcd :�s to timcs; placcs, circumstanccs, or conditions in ordcr to !na"� � duc allowancc for variations-tl�ercin. �Vithouc 1i A�ion, rulcs or standards ma>' ���-'t' 7 �, j sources or emissions o yuon ofsuch emissions, a atmosphere or to an}� ot �of air polluiion. �, Pursuant and subjec !�{he pollution control agei ,:the force of taw relating -'�10�b, for the collec�ion, t ;�and the prevention, abat� �berelated thereto, and cl �to cause pollution. The a x�.. �eddressing the intrinsic si M1a" �sludge of various degrees �tits,and sites. The aeenc� - .io sections 14.29 to 14.3t �;the emergency rules shall ;r;,1982, whichever is ear vi�toughout thestate or m Fin order to make duz allo� `'dards may relate to colle z�... St�on, procedures, method: .prevention, abatement o advised through the cont 'solid waste and sewage sh �may tend to cause polluti� age�sludge shall include a sioner of agriculture to b: of section 18C.2 ! �. �':'� Pursuant and subjec: tfi'e'pollution control agen 'ihe force of law relacing i 727, for the pre�ention, at ; �. dard may be of general ap places, circumstances or thtrein. �Vithout limita;i: noise or noise pollu;ion. « ment, or to an�� oth� * m�: ' ��.�• As to any matte: s su� � sion regulations u-itn res� . GS: ' -;:sct by the.pollution .or,t- -� •. : ; Y�`'�-- Pursuant to chapter ; �.,,rescind rutes and s�and: :. :�::�pro�-isions of this ci:::pter ��`���ation, labclink. rlassihr .: � ing, and disposal oi i�az,:r :�=�nsle or stanciard ma�: bc c :�'� to time, p4ac�s, circun:: ;�?Uks, thc pollution contrc "�.tochnical assistancc to h3� ' �� inv�t�gating thc a��ailat �a'stemanagcment methc� 'hon,-waste proccssing, res ���� �� pottution ccmuol �ts to authorir.c dis�osal e�idcncc conccrning civ �bY altcrnati.•c mrth,� ORDINANCE NO. AN ORDINANCS RBCODIFYIN(�i THE FRIDI,EY CITY CODS, CSAPT$R 506, ENTITLED ��9SHICLE PARRING��, BY AMENDING BECTION 506.02� ��DSFTNITIONB��, AND 506.13, ��PARRZNG I�i R88IDENTIAL DISTRICTB��: AND CHAPTLR 1Z8� BNTITLED ��ABATEMENT OF EBTERIOR PQBLIC NQIBANCEB��, BY AMBNDINQr SECTION 128.02� "APPLICATION��� ANQ.ItENIIMBERIN(�3 THS RSMAININQ SECTIONS CONSECIITiVSLY The Counci3. of the City of Fridley does hereby ordain as follows: 506. VEHICLE PARKING 506.02. DEFINITIONS 1. Bus. s��li�.�.e��"Busn means every motor vehicle designed for carrying more than 15 nassengers including the driver and used for transporting oersons. 2. Large Commercial Vehicle. �i truck, truck-tractor, tractor, semi-trailer, van. or bus as defined herein havinq a licensed qross vehicle weight over 12,000 pounds. �-3. �����e ne --a "-��e-4�a�e�Manufactured Home: Park ^ Trailer: Travel Trailer. �.-vv° . n � � c�.,t.,a � � o �"Manufactured home" has the meaning qiven it in Minnesota State Statute Section 327.31. subdivision 6. �"Park trailer" means a trailer that: ,1�. exceeds eight feet in width but is no lar,�,qer than 400 sauare feet when the colla,psible components are fully extended or at maximum horizontal width. and 21 is used as temporary living quarters. "Park trailer" does not included a manufactured home. 9F Vehicle Parking Ordinance Page 2 u "Travel trailer" means a trailer mounted on wheels that: 1�, is desianed to �rov'de �emporarv living,�arter � vehicle; and 3,1 complies with Minnesota State Statute Sections �.69.80, subdivision 2, and 169.81, subdivision 2. 4. Passencxer Automobile. "Passenger automobile" means anv motor vehicle designed and used for the carrYinq of not more than 15 nersons including the driver, and does not include motorcycles, motor scooters, and buses as defined herein. 5. Pickup Truck. "Pickup truck" means any truck with a manufacturer's nominal rated carrving capacity of three-fourths ton or less and commonly known as a pickup truck. 3.6. Residential District. Means and includes those areas zoned single family dwelling areas, two family areas, and general multiple family areas (Ref. 552 ) . �4:7. Semi-trailer. ���-i�s-ie�4-"Semi-trailer" means a vehicle of the�trailer type so designed and used in conjunction with a truck-tractor that a considerable part of its own weight or that of its load rests u�on and is carried bv the truck-tractor and shall include a trail.er drawn by a truck-tractor semitrailer combination. r8. Tractor. nt�d=:�.s3��: "Tractor" means anv motor vehicle desiqned or used for drawing other vehicles but having no provision for carrying loads independently. 9G Vehicle Parking Ordinance Page 3 6-:-9. Trailer. r�=se��=r+�=:.r—�=.=s��i� =:ti�rr�ir:�=r�.= -�-�-.-i=i=�-���-�.z=�����-.-�i=��rti tractor semitrailer combination or an auxiliary axle on a mo��r vehicle which carries a portion of the weight of the motor vehicle to which it is attached. �-10. Truck. , fl•-'��_:�.�-ren—�A-: "Truck" means anv motor vehicle designed and used for carrying thinqs other than passencrers excevt pickup trucks and vans as deEined herein. �11. Truck-��tractor. c••v�'"�i��9"rr�-"Truck-tractor" means: � a motor vehicle desiqned and used primarilv for drawincr other vehicles and not constructed to carry a Zoad other than a uart of the weiaht of the vehicle and load drawn; and � a motor vehicle designed and used �rimarilv for drawincr other vehicles used exclusivelv for transportinq motor vehicles and catiable of carrvinq motor vehicles on its own structure. 12. Van. "Van" means anv vehicle of box like design with no barrier or separation between the operator's area and the remainder of the cargo carr�inc,i area and with a manufacturer's nominal ratina caAacity of three-fourths ton or less._ �13. Vehicle. ."Motor Vehicle" means anv self-orooelled vehicle not operated exclusiveZy upon railroad tracks and a� vehicle proAelled or drawn bv a self-uropelled vehicle and includes vehicles known as trackless trollevs which are prone].led bv electric power obtained from overhead trolley wires but not operated upon rails, except snowmobiles, manufactured homes. park trailers. and all-terrain vehicles. 9H Vehicle Parking Ordinance Page 4 506.13. PARKING IN RESIDENTIAL DISTRICTS �a3-�e���rs ; -ine�i �e�re�e�se-��-�r-�e�e � 3����-g�es��e�g� ���.;-A89-�e��t�;-��e�e�z�e�es� e= �at-�e�rr�e�e�-t�ie-��i-�e-�t�ee��s��r-a��es�ele�����-d-i-�t��� � F —r.r, � '� � 3..a? s�te�r-�e�e�e€-��e-�teeess�a�-�s�e�«-����ea�-{�e= �: l. requirements. In no circumstances may more than one large commercial vehicle be parked on residentially zoned propertv. A. The owner or operator of the vehicle must reside on the prouertv. B. �he vehicle shall be parked on a hardsurface driveway in comnliance with the applicable zonincr district requirements. C. Noise from idling the enaine shall not exceed the hour p,eriod. � The permitted vehicle shall be parked at least ten (10� feet from the front property line. 2. Recreational vehicles as defined in Minnesota State Statutes 168.011, Subdivision 25, boats and boat trailers are exempt from the provisions of Section 506.13.01. 3. School buses which are parked or stored on church.properties and used in conjunction with church related activities are exempt from the provisions of Section 506.13.01. 4. Large commercial vehicles parked at hotels and motels as defined in Chapter 205 of the Fridley Zoning Code are exempt from the provisions of this Section 506.13.01. 5. Large commercial vehicles not in compliance with the provisions of this Chapter shall be removed from the propertv by March 1. 1995. Large commercial vehicles parked in violation of Chapter 506 shall be considered a public nuisance and may be abated as provided in Chapter 128. � Vehicle Parking Ordinance Page 5 6. No �erson shall oark or leave standincY a truck tractor, semi-trailer, bus, manufactured home. �ark trailer, travel trailer, or truck having a licensed gross weiqht over 12.000 pounds, whether attended or unattended, ypon the public streets in any residential district unless in the orocess 9f loadinQ or unloading and then only for such Qeriod of time necessary to load or un�oad Lef. 552, 741). 128. ABATEMENT OF EXTERIOR PUBLIC NUTSANCES 128.02. APPLICATION This Chapter shall apply to the abatement of public nuisances maintained exterior to the principal structure involving junk vehicles (as defined in Chapter 123), larqe commercial vehicles having a aross licensed weight over 12,000 pounds, which are in violation of the provisions of Chapter 506, and outside storage of materials and equipment including, but not limited to, dis- used machinery, household appliances and furnishings, tires, automotive parts, scrap metal, lumber, and all other materials deemed to create an exterior public nuisances as described in 128.01. � 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 - MAYflR Public Hearing: October 17, 1994 First Reading: Second Reading Publication: �r � December 6, 1994 Barbara Dacy Community Development Qirectar Ciry of Fridley 6431 University Ave. N.E. Fridley, Mn. 55432 Dear Ms. Dacy: I received your letter informing me that the City Council had reviewed the video ta.pe I submitted on or about November 4th, depicting the " truck activity at 1371 - 75th Avenue ", that you are returning the tape and that yaur office has been asked to submit a revised ordinance regarding the parking of large commercial vehicles on private property. It is appazent to me after reading the directions you and your staff were given by the City Council, that the City of Fridley has not cleazly understood my complaint regarding the trucks parked at the 1371 - 75th Ave. residence. I have appeared twice before the City Council (in April and October) voicing my complaint of the noise caused by the trucks in my neighbors driveway, providing an audio tape of the actual noise we hear from the front bedroom of the house, submitting photographs showing that these trucks are indeed parked 15-40 feet from the bedrooms of my home, and lastly, providing the video ta.pe which clearly shows the activity, the proximity of the trucks to my house as well as the noise we hear from them. The proQosed ordinance, quoted from your letter to me dated December 1, 1994 reads: "The Council's direction to staff is to prepare the ordinance for first reading at the . meeting on December 19, 1994, (Notices will be sent out in the beginning of December). The Council asked staff to draft the ordinance such that the permit requirement proposed at the public hearing in October will be eliminated. The ordinance would permit property owners to have one large commercial vehicle on the property if it is stored on a hard surface driveway, if the owner/operator resides on the premises, and if it is parked 10 feet from the front praperty line. We are currently researching an "idling requirement" similar to the standard obtained from the City of Coon Rapids ordinance (no more than one hour in any six hour period)." As I see this ordinance if passed as written: 1. Me, my family and neighbors, will only have to live with one noisy truck, instead of the two that are currently parked at the 13'� 1 address. �►� 2. That by law, my neighbor has to park the truck no closer than 10 feet fram the front property line which by law, forces him to park the truck dosest to my house as he is currently dang !!!!t 3. To add insult to the injury we have been enduring the past year, he will be atlowed to let this truck, parked 15 feet from my front bedroom, 25 feet from the second bedroom and 35 feet from my back bedroom, run (idling� for up to ONE HOUR (in any sia hour period) each and every morning, afternoon, early evening and night, if he so chooses !!!! We still will not be able to leave our bedroom windows open on summer nights due to the noise at startup. (usually 6:30 am) I cannot accept this ordinance if written as praposed in this draf� If Fridley is not going -= to adopt a total ban on �ctivities like this as the majority of it's sister cities have done, then why can't the ordinance be written that the vehicle be parked as faz away from the closest dwelling as possible? This would at least force the remaining mlck to be pazked an additiona120 feet from my bedrooms, and still stay within the hard surface/10 feet from front groperty line requirements as set forth in the proposed ordinance. I would like you to know that I took the opportunit}+ to watch the video tape of the November 21st City Council meeting. The council was addressing a request by a Fridley resident to put up a temporary 3 by 5 foot sign in his/her front yard. The sign was to advertise a tax preparation senrice and would only be up from January thru April. The Council members unanunously rejected the petitioners request stating that the sign, and I quote " woutd violate the residential integrity of the neighborhood ". During the December Sth meeting, concern was raised about noise �rom the equipment operating at a newly proposed M-3 site, and how it would affect the residential neighborhood 350 FEET AWAY !!! Concem was raised by Ms. Jargenson regarding the rezoning of the Gilstad property and the property adjacent to i� She was concerned that proper screening be erected around a parking area to " maintain the residenbal quality ". In closing, please reflect an all the materiaLs I have provided of the trucks parked next door to me and define " residential integrity ", and " residential quality " as used in the examples abave, and tell me how they differ from the situatian I have next door to my home. Sincerely, � lJ1�.. Donald M. Gonko .ce Fridley City Council co/City Manager DMG:amg 9L r � ,: � . � ..:: . ; 1.24..D2. . 124. NOISE : � � . . ; (i�ef. 733, 834) . _ . . ,_ _ . -. /' (This Chapter has been reoodified as of July 9, 1985 an�3 includes all _: amendnents to the Cl�apter enacted by -the City �unci]. prior to said date) -. � (Sec�nd Readingz Jtuie 17, 1985) - . 124.01. PORP06E PURP06E�- Zhe Cbuncil of the C�1y of Fridley deens that certain levels and zunounts of noise are e�etrimental to the health, safety and general wplfare of the public. , 124.02. D�EFINTTDCN.S 1. Air Circulation Devioe. A mechanisn desi�ed and used for the oontrolled flow of air used in ventilating, 000ling, or oonditioni.ng including, but. not limited to,; : ce�ral and windaw air bonditioning units. 2 . G�ty. ' A noise vontrol offioer, peave offioer, or any other duly appointed representative of the City as desic�ated by the City ManacQr. 3. Decibel. D�FFINITIOlVS A uti.t of sound pressure level, abbreviated c�. I , _, ,.: ' 4. r;�A. ;.. . _ . � A unit of sour�d level. : c�A- is the weighted pound pressure level b� the use of the A metering characteristic and we�ghting as specif ied ' � in ANSl Specification for Sound Level l�ieters, S't.4--1971, which is hereby incor.porated by reference. For the purpose of those . regulations, c�A is usec? as a measure of`hunan response to sound. : 5. E�chaust Systan. A ca�ination of components which provides for enclosed flow of exhaust gas frori engirn_ pazts to the atrnosphere. 6. L10. Zhe sound level, expres9ed in decibels (c�A), which is exceeded ten percent (10�) of the time for a or� (1) hour period, as measured by a sounci level meter having characteristics as specif ied in the latest standards, 1.4. of the American National Standarc� Institute, and using test procedures appraved by the City. 7. I50. �e so�md level similarly expressed and measured which is exceeded fifty percent {50$) of the time for a one (1) hour period. 8. Noise. A� excessive and unnecessary sound not occurring in a natural � envirornnent including, but not limited to, sounds esnanating from ` `� aircraft and highways, ano inc3ustrial, commercial and residential �_. souroes. 9M 124-1 9. F�rson. An indivic7ual, fi rn►, partnership, oorp�ration, trustee, association, the state and its agencies and subdivisions, or any body of persons whether inoorporated or not, With respect to acts prohibited or required herein, "person" shall inc�lude emglayees anc3 lioensees. io, so�a. An oscillation in pressure, stress, particle clis�laarnent, particle velocity, etc., in an elastic or partiaZly el.astic medi�n, or the superposition of such propagated alterations. 11. Sotmd Pressure Level ( SPL) . 20 tunes the logarithm to the base 10 of the ratio of the pressure of a sound, p, to the referenoe pressure, pr. For the purposes of these regu].ations, ttie refere�oe pressure shall be 20 micronewtons �r uare m ter (20.0 �/m2 �• In eq uation form, Sound Pessure evel�in tuu�s oE decibels is expressed as SPL (dB) = 20 2og lOp/Pr. 12. sotuia Rec�eiving vnit. . - A person, activity, animal life, or property which is affected by noise. 124.03. RF�CEIVII�IG LAI�ID DSE ST� 1. Zhe sound level reo,ruirements of this Section shall apgly at the � property or zonina lines of the sound re�oeiving unit. Measurenents � m� be made' `at any `location on the property for< evalc�ation purposes and to a.id in the enforcaesnent of other sections of this Q�apter. 2. Zhe sound levels as statec� belaw shall be the highest sound levels permitted in each of the zoning districts as defined in �apter 205 of the Fridley C3ode. ZaLing Districts Residential. and Public Go�unercial and Planned Devetopnent Inaustrial I�AY I50 L10 (7 a. m. - 9 p. m. ) 60 65 65 70 75 80 NIGHT L50 I10 ( 9 p.m. - 7 a.m. ) 50 55 65 70 75 80 3. So�md levels resulting fran cunulative tra�vel of �otor vehicles on State and CoLmty hir�ways and rail roads are exempt f rom these Reoeiving Land Use Stanc3ards but not other sections of this Chapter relating to motor vEhic2es and rail roads. This does not exempt individual motor vehicles frcm any and all federal, state, or local regulations. It is the int�t of the City to reduce highway noise in the various land areas surrounding highways to or below the requirenents of this Section when and wherever possib�le. 124.04. M�`1DR VgiICLFS NOISE LIM1T5 No person shall operate a motor vehicle in the City in violation of the motor vehicle noise limits oE the Minnesota Follution Control Agenc.y. (Minnesota Statutes Section 169.693) . 9N .124.04 • � •a� � � i� t �• r� • • �. M7It�R VFIiICZE NOISE LTMTTS � � 124-2 �� � 124.05. Cg1�L AIIt aC[�IDITION]NG D�UI�r �' No person shall permanently install or pl ace any central ai r � oonditionina c�vice, except a wirx3ow air oonditioning unit, in any front or side yard without a permit fran the City. Window air oonditioning units are exenpt fran the pravisions of this Section, exoept that the noise produoed by $uch wirx3aw units, as well as by all existing air circulation devioes, shall not be in violation of Section 124.03 of this Chapter. 124.06�. OPSRAT1lONl�L LIMIiS 1. Recreation Ve�icles. Recreation vehicles shall be subject to M.innesota Statutes Sec�ion 84.90 ana Chapter 703 of the Ci.ty O�de. 2. Outcioor Power Implenents. . I3o person shall operate any outc'�or pawer im�lenent including; but nat limited to, gasoline or electric lawn mawers, hedge clipgers, chain saws, mulchers, garden tillers, edgers, or such otheit im�l.ar�ents c3esic�zed primarily for outcloor use, at any time other than between the hours of 7:00 a.m. and 9:00 p.m. on weekdays and 9: 00 a. m. and 9: 00 p. m. on weekends and na ti onal 1 egal hol idays. Snow renaval equipnent is exenpted fram this pravision. �. 124.D7 ��+ �• . . �. .•� �� r � a• • �� OPERATIQNAL LIM1i5 3. �nstruction Activities. - - _ _ , _.. . _ . ,., _ � �nstruction work hours shall be subject to Chapter 206 of the City Oc�de. 4. Ref use Haul ing Refuse hauling hours shall be subject to Section 113.10 of the City Cbde. 124.07. HTBLIC NUISANCE NOISES PS�Ci3IBITID it shall be unlawful for arry person to make or cause to be made any distinctly and loudly audible noise that unreasonably annoys, disturbs, injures, or endangers the health, safety, and general welfare of ariy persons o� precludes their enjoyment of property or affects tt��eir property's value. 7he follawing acts, aanong others, are declared to be nuisance noises in violation of this Chapter, but �id enuneration shall not be 3eened to be exclusive. 1. Horns and Audible Sic�aling Devioes. No pers�n shall sound any sic�a].i.ng device on an�� vehicle except as a warning of danger (DLinnesota Statutes Section 169.68) . 2. F�dios, Phonographs and Paging S�istems. No person shall use, operate, or permit the use or operaticn of any radio reoeiving set, musical instr�nent, phonograph, paging systen, machine or other devioe for the proa'uction or repra3uction of sound (� '+ in a distinctly and loucIly audihle manner as to disturb the peace, �% quiet and oanfort of any �ersons nearby. AJBLiC NCIi.SANCE NOLSE PF�i7BITID 90 124-? � 124�9� � 3. Participation in Noisy Parties or Gatheri.ngs. I�b person shall particigate in any party or other gathering of people giving rise to noise, disturbing the peaoe, quiet, or repose ' of other persons. When a peaoe offioer determines that a gathering = is creating such a noise disturbance, the officer may order all . persons present, other than the owner or tenant of the preaises , where the disturbanoe is occurring, to disperse imaaediately. No � person shall refuse to leave after being ordered by a peace offic�r to cb ao. �ery o�wr�er or tenant of such preiiises who has knowledge o� the disturbance shall make every reasonable effort to see that the disturbance is stopped. • 4. Loud Speakers, Amglifiers for Advertising. F�cccept as perniitted iyy Section 124.07 .5 � No person shall operate or �ermit the use or operation of any louclspeaker, sounci amglifier, or other devioe for the production or reproduction of sound on a street or other public plaoe for the puzp�se of oarmiercial advertising or attracting the attention of the public to any commercial eGtahtishanent or vehicle. 5. �cception for E�ooc�/Beverage Vehicles. Not withstanding any other prwision to the oontrazy, food/beverage vehicles may sound a manually operated bell, between the hours of 10:00 a.m. and 4:30 p.m., and 6:00 p.m. to 8:00 p.m. in any area zoned o�miercial or inc3ustrial, and only between the hours of 1:00 p.m. . and 4:30 p.m, and 6:30 p.m. to 8:00 p.m. in any area zoned _ residential. or other than oa��ercial or irx3ustrial which' produces a „_� noise level n�asured at a distance of 50 feet from the source no �. greater than 65 decibels. (Ref. 834) 6 . Prnimal s'. Animm�l.s shall be subje�et to C't�apter 101 of the City Oode. 7. Exhac�sts. No person shall discharge the exhaust or pernut the discharge of the exhaust of ar�� stean engine, stationary internal combustion engine or motor boat, motor vehicle, or snc�,m�obile except thro�gh a �uuffler or other device which will effectively prevent loud or explosive noises therefran ann oo�nplies with all applicable state laws and regulations (Minnesota Statutes Section 169.69) . 8. Defective Vehicle or Load. No person shall use ar•y vehicJ.e so out of regair or so loaoed as to create loud and unneoessary gratir.g, grindinq, rattling or other noise. 9. Loading, Un7.oading, Un�cking. No person shall create loud and excessive noise in connection with laading, Lmlaading, or unpacking of ariy vehicle. �_� gp 124-4 �.. � �. L. 124.08. EXCEPr�ON FOR E1�bGFNCY WORR ; Noise created exclusively in the performance of �nergency w�ark to % preseLVe the puhlic health, safety, or general welfare, or in the performance c� energency work neoessary to restore a pu4lic servioe or eliminate a public hazard, shall be exenpt fran the �avisions of this Chapter. Ariy per9ons responsible for such energency work shall take all reasonable actions to minimize the�amount of noi9e. 124.09. FI�RCE'�I1T 1. Acfiinistration. �.he noise control program established by this Chapter shall be ac3ministered by the City. 2. �esting Prooedures. ?he City shall a3opt guidelines estal�lishing the test procedures and instrunentation to be used in enforcing the provisions 'of Section 124.03, which imFoses noise stania�rds. A copy of such guidelines shall be kept on file in City Ball and shall be available to the puhl�ic for reference during offioe hours. 3. Studies. �e Caty shall oonauct such research, monitoring, an6 other studies related to sound as are necessary or useful in enforcing this Chapter and reducing. �noise in the City. The City shall make: such investigations and ir�s�ections in acc�rdanoe with law as required in applying the r�3uirenents of this Chapter. 4. I�bise Im�ct Statenents. 7he (S.ty may require arry person apglying to the City for a change in zoning classification or a permit or license for any structure, operation, prooess, installation or alteration or proj ect that may be considered as a potential noise souroe to sut�iit a noise impact statenent on a forn�� prescribec3 by the City. 5. C�vil Action. Zhe provisions of this Ciiapter may be enforc�ed through ir.j unction, mandamus, or other appropriate civil renedy. 6. Ot-her i�wers and Duties. �he City shall exercise such other powers and perforn�� such other duties as are reasonable and neoessary to enforoe this Chapter. 124.10. VARIAN(�'.S Zhe C�ty O�uncil shall have authority, oonsistent with this Section to grant variances frcm the requirenents of all sections of this Chapter. 124.11. PII�LTIF.S Zhe violation of any provision of this Chapter, except Section 124.04, shall be s�jeck to Chapter 901 of the City Qode. . � a+ � • ir �• , ��•, � « .,•.• � i •'r i� VARIANC�S ��.ja�74���� 1��.1: �I i24-5 J r �, � � Community Development Department � G DIVISION City of Fridley DATE: December 15, 1994 � TO: William Burns, City Manager �� FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator SUBJECT: First Reading of an Ordinance Approving a Rezoning Request, ZOA #94-04, by Dave McIntyre of Ceres Environmental; Generally Located East of�5101 Industrial Boulevard, North of FMC, and Adjacent to the Burlington Alorthern Mainline A policy decision by the City Council must occur prior to approving the attached ordinance. The policy decision centers on the appropriateness of an M-3, Outdoor Intensive, Heavy Industrial designation at the proposed location in the Great Northern Industrial Center. Upon analyzing this rezoning request, staff determined that an M-3, Outdoor Intensive, Heavy Industriatl designation is not compatible with the surrounding M- 2, Heavy industrial uses. Consequently, staff had recommended. denial of the rezoning request to the Planning Commission. The Planning Commission recommended approval of the rezoning request with seven stipulations, because the site is of an irregular shape, and the petitioners have expressed their concerns about being environmentally sensitive, good neighbors. The seven stipulations are: 1. 2. 3. 4. Lots l and 2, Block 3, Great Northern Industrial Center East shall be consolidated as one tax parcel. The parking area shall include signs and surface striping to identify a one-way circulation pattern. A five-foot setback for landscaped area shall be established along the eastern property line, runninq from the north to the south property lines. Irrigation shall be installed in the front and side yards. ZOA #94-04, by Ceres Environmental December 15, 1994 Page 2 5. 6. 7. The landscape plan shall be modified to include additional plantings for seasonal color and screening. This plan shall be reviewed and approved by City staff. Additional berms and landscaping shall be added �o the s�te plan north of the gravel parking area indicated on the site plan (south of the storm water pond). The petitioner shall comply with the Engineering Department requirements specified in Scott Erickson's memo dated October 28, 1994. Althouc�h staff recommended eight stipulations, the Commission only concurred with seven. The Commission stated that if the Council was not comfortable approving the partial gravel surface storage area as proposed (required by staff's stipulation #8)• that appropriate steps be taken by the petitioner to submit a variance request. A zoning change requires a 4/5 approval by the City Council. SH/ M-94-753 � '� ORDINANCE NO. ORDINANCS TO AMEND THE CITY CODE OF TH$ CITY OF FRIDLEY� MINNSSOTA BY MARING A CHANC,�L IN ZONING DISTRICTS The Council of the City of Fridley does ordain as follows: SECTION 1. SECTION 2. SECTION 3. Appendix D of the City Code of Fridley is amended as hereinafter indicated. Be and is hereby rezoned subject to the stipulations adopted at the City Council meeting of , 1994. The tract or area within the County of Anoka and the City of Fridley and described as: Lots 1 and 2, Block 3, Great Northern Industrial Center East. Is hereby designated to be in the Zoned District M-3, Heavy Industrial, Outdoor Intensive. , That the Zoning Administrator is directed to change the official zoning map to show said tract or area to be rezoned from Zoned District M-2, Heavy Industrial to M-3, Heavy Industrial, Outdoor Intensive. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEi� THIS DAY OF , 1994. ATTEST: WILLIAM A. CHAMPA - CITY CLERK Public Hearing: First Reading: Second Reading: Publication: WILLIAM J. NEE - MAYOR December 5, 1994 1 : � J ,� STAFF REPORT Community Development Depax�tment '' ' � Appeals Commission Date L,LJ Planning Commission Date : ldovember 2, 1994 City Council Date : November 21 , 1994 December 5 1994 ecem er , APPLICATION NIJMBER: Rezoning request, ZOA �94-04 David McIntyre for Ceres Environmental, Inc. LOCATION• Lots 1 and 2, Block 3, Great Northern Industrial Center. Generally located on Ashton Avenue east of Pearlman Rocque Company. REOUEST: To rezone two industrial lots from M-2, Heavy Industrial to M-3, Heavy Industrial Outdoor Intensive. The M-3 zoning district would permit the petitioners to have an outdoor storage area for their large equipment and materials, and to construct a corporate office and service building. BACKGROIIND• site In 1969, the Fridley City Council approved a plat request for the Great Northern Industrial Center plat on the southeast corner of I-694 and East River Road. The 106.72 acre parcel had previously been utilized as an airplane runway and trap-shooting range. Once platted, the land became occupied by industrial complexes including GTE Sylvania, Pearlman Rocque, and Midwest Printing. In 1985, Minikahda Mini Storage approached Alfred Nelson with an interest in a portion of the 12.4 acre parcel that lies between Ashton Avenue and the rail lines. The 12.4 acres had not previously been a part of the Great Northern Industrial Center plat. The request to plat the land into four lots as the Great Northern Industrial Center East was reviewed and approved. Subsequent to that approval, Minikahda Mini Storage developed 7.73 acres, leaving 2.79 acres of developable land and Outlots A and B, which served as rail access for the internal sites in the 10C Staff Report ZOA #94-04, by Ceres Environmental Page 2 industrial park. Great Northern's covenants on the plat require a minimum two acre site for industrial development. The City of Fridley requires 1.5 acres as a minimum lot size in the M-3 district. The petitioner has a site with sufficient size to develop, but not to further subdivide. Lots 1 and 2 must be consolidated as one site to meet the minimum standards defined by the development covenants. **Stipulation** M-3 Zoninq District Lots i and 2, Block 3, Great �orthern Industrial Center $ast shall be consolidatea as one tas parcel. In May of 1992, the City Council approved a modification in the zoning ordinance to include an M-3 zoning district. The intent of the district is to create a district which permits M-1 and M-2 uses and those uses which require intensive outdoor storage. Outdoor intensive uses are contractor yards, trucking terminals, rock crushing yards, and other uses which require outdoor storage as a principal activity. The thought was that this zoning district would limit the amount of outdoor intensive uses within the City and preserve the remaining vacant land for manufacturing and other basic industries. In Fridley, the M-3 zoned property is located in the northern industrial area of the City. Trucking terminals were located� north of 83rd Avenue and west of Main Street. Park Construction, is a large M-3 construction/demolition contractor, has much outdoor storage and is located near the trucking firms in the northwest portion of the City. The City Council also approved modifications to the M-1 and M-2 zoning districts, limiting the amount of outdoor storage and requiring a special use permit in certain circumstances. ANALYSiB• Ceres Environmental is as an environmental consultant for clients in the metropolitan area and the nation. Their services include fuel tank removal and replacement, construction demolition and recycling, timber recycling, snow removal, and general tree service (trimming, dead tree removal, etc.j. Steve Johnson of Ceres Environmental has indicated primary items to be stored on the Fridley site are equipment and occasionally sand and salt related t 10D that the their heavy o snow removal Staff Report ZOA #94-04, by Ceres Environmental Page 3 or products that allow the maintenance staff to repair equipment properly. As an example, if a wood chipper is in the Ceres yard to be repaired, a pile of wood may accompany the chipper so that the machine can be tested. Ceres has other locations in the metropolitan area to handle their specific needs. A Maple Grove site serves as their wood/timber recycling location. Ceres is a contractor for Hennepin County's timber recycling. When asked if those activities would be moved to the Fridley site, Johnson reiterated that this site will serve their company�s administrative office and equipment maintenance needs only. Although Ceres does offer tank removal and replacement, no tanks new or used will be stored on-site according to the applicant. The subject parcel is relatively narrow, and Ceres believes the site is well-suited for their company because�their office building is relatively small. The Ceres Environmental representatives were attracted to the subject parcel because of its location and its suitability for their needs based on its size and their expandability potential. After reviewing their preliminary plans, staff did not believe that the outdoor storage provisions of the M-2 zoning district would be �et considering the size of the equipment, the amount of outdoor storage required, and the nature of materials related to their business. Consequently, staff required a rezoning request to M-3. As you recall, the M-3 district was adopted a� 8 district which allows outdoor intensive uses. Criteria for Considerinq a Rezoning Request l. Compatibility with adjacent uses: North - zoned M-2, Heavy Industrial (Minikahda Mini Storage), which is an industrial self-storage facility with indoor storage and asphalt driving aisles and parking surfaces. The site contains a series of.many buildings. East - zoned M-2, Heavy Industrial, which is an industrial area adjacent to Main Street and includes industries such as HB Fuller. These sites contain large buildings and related parking. 10E Staff Report ZOA #94-04, by Ceres Environmental Page 4 South - zoned M-2, Heavy Industrial, which includes FMC and the Quebecor building. These facilities have some outdoor storage which is incidental to their principal use. These buildings are larger with parkinq related to that larger principal use. West - zoned M-2, Heavy Industrial, which is Pearlman Rocque, a transfer facility for restaurants includinq McDonalds. Outdoor truck-trailer activity is limited to incidental traffic related to the principal use. This site contains two larger buildings and parking that is incidental to the primary use. As the site was further reviewed, the strong points of this proposal were its location against the railroad tracks and th� narrow dimension of this site seems well-suited for the proposed use. The issues against an M-3 modification include the fact that there are available M-3 zoned sites within the community which have been deemed appropriate for this type of-use, thereby preserving surrounding typical industrial development land. The Ceres building is relatively small and its outdoor intensity of use is gxeater than the outdoor uses in the surrounding area. Based on this fact, staff recommends that the use is incompatible with the surrounding area. 2. District intent: The intent of the M-3 district is to allow heavy industrial uses that depend on outdoor storage. The proposal is consistent with the M-3 zoning district intent. 3. District regulations: Staff has reviewed the plan submitted by the petitioner. The proposed site could meet the district regulations with modifications to berming, landscaping, irrigation, and parking surface requirements. Attached please find the site data as reviewed by staff and the stipulations that resulted from that review. 10F Staff Report ZOA #94-04, by Ceres Environmental Page 5 site Plan �eview and Recommended stipulations Lot Size Current Zoning Proposed Zoning Setbacks: Front Yard Side Yard Rear Yard Driving Aisle **Stipulation** Parking: Stalis Handicapped stalls) Gravel Spaces Green Space Setback 2.79 acres M-2, Heavy Industrial M-3, Heavy Industrial Outdoor Intensive 63 feet (code requires 35 feet) 100+ feet (code requires 20 feetj 25 feet (code requires 25�feet) One-way circulation The parkinq area shail include siqns ana surface stripiaq to identify a one-way circulation pattern. � 21 stalls proposed {code requires 19 stalls) One stall proposed (code requires one per �t3 Not permitted by code All setbacks meet code except five foot setback from property line on the eastern boundary of the site. **Stipulation** A five foot setback for landscaped area must be established alonq the eastern property line, runninq from the north to the south property lines. Irrigation of Landscaped Areas **Stipulation** Site Coverage Building Height Driving Width Landscaping Not included irriqation shall be installed in the front and side yards. 7� (code allows 35� for a two story building. 25 feet (code allows 65 feet) 26 feet (code allows 30 feet) Staff has determined t,,hat the landscaping is insufficient to serve the screening requirements as outlined in the M-3 district. **Stipulation** The landscape plan shall be modified to include additional plantings for seasonal color and screeninq. This plan shall be reviewed and approved by City staff. 10G Staff Report ZOA �94-04, by Page 6 Screening Ceres Environmental Outside storaqe will require additional landscaping from the northern edge of the storage area. A berm will also be required. **Stipulation** Additional berms and landscapinq shall be added to the site plaa north of the qravel parkinq area indicated on the plat (south of the storm �ater pond). The Engineering Department staff has reviewed this proposal and a verbal update will be presented at the Planning Commission meeting. , **8tipulation** The petitioner shall comply with the Enqineerinq Department requirements speaif3ed in Scott 8rickson•s memo dated October 28, 1994. **Stipulation** Ali surfaces intended for drives or parkinq/ storaqe of equipment shall be aurfaced �ith concrete or asphalt. RECOMMENDATION/BTIPIILATIONB: The policy issue to be decided is whether another M-3 district should be created in the City. The proposed location is on the "edge" of the Great Northern industrial Park and is not`easily seen by residential neighborhoods. However, the site Could be developed with a typical industrial building, and the site iaauld be an "island" of outdoor activity in a predominantly industrial park setting. Staff recommends that the Plarining Commission deny the rezoning request to rezone Lots 1 and 2, Block 3, Great Northern Industrial Center East due to the incompatibility of the M-3 district with the M-2 uses that surround the site. If the Planning Commission chooses to recommend approval of this request, the following stipulations are recommended: 1. 2. Lots 1 and 2, Block 3, Great Northern Industrial Center East shall be consolidated as one tax parcel. The parking area shall include signs and surface striping to identify a one-way circulation pattern. 10H Staff Report ZOA #94-04, by Ceres Environmental Page 7 3. A five foot setback for landscaped area must be established along the eastern property line, running from the north to the south property lines. 4. Irrigation shall be installed in the front and side yards. 5. The landscape plan shall be modified to include additional plantings for seasonal color and screening. This plan shall be reviewed and appraved by City staff. 6. Additional berms and landscaping shall be added to the site � plan north of the gravel parking area indicated on the plat (south of the storm water pond). 7. The petitioner shall comply with the Engineering Department requirements specified in Scott Erickson's memo dated October 28, 1994. 8. All surfaces intended for drives or parking/ storage of equipment shall be surfaced with concrete or asphalt. PLANNING COMMISSION RRCOMMSNDATION The Planning Commission concurred with staff's alternative (if rezoned) recommendation with one modification�. The Flanning Commission recommended that the petitioner's request to allow gravel surfaces in the storage yard be approved. This conflicts with botii Scott Erickson's recommended stipulation #2 in his memo dated October 28, 1994 and staff's stipulation �8 requiring that all surfaces intended for drives or parking/storage of equipment shall be surfaced with concrete or asphalt. CITY COIINCIL RSCOMMENDATION Staff recommends that the City Council determine the larger policy issue of whether M-3 is an appropriate zoning designation for this site. Staff recommends denial of the request to rezone based on the site's relatively small size and incompatibility with surrounding M-2 zoning designations. If the City Council determines that M-3 is an appropriate designation for this site, staff recommends that the City Council concur with the Planning Commission recommendation. 101 TO: FROM: DATE: .' . .' � .��` -✓����E��� 1���� �� �� - John Palacio, Chief Building Inspector Scott Erickson, Assistant Public Works Director� i:� October 28, 1994 PW94-366 SUBJECT: Drainage and Grading Review for Ceres Environmental 9. A Storm Pond Maintenance Agreement wiil need to be recorded with the prqperty prior to issuanee of a building permit. 2. All drive areas shall be hard surfaced and have concrete curb and gutter. 3. The driveway entrance� shatl be construcfed fo refain al( drainage on sife: 4. Grade the site to one ��- � ponding location �" 5. Provide concrete b(ocking for all watermain piping bends. Note on the plan the amount of blocking to be installed. � 6. Install rip-rap with filter blanket at storm pipe outlet. . , 7. Install flared ends and trash guards on aN storm pipe ends. - 8. Clearly note af! pipe sizes, iypes of material, and class of materials being proposed. 9. 10. 11. 12. A minimum of 7 ft of cover is required io the iop of al( service (ines. Is this achieved? Clearly note service depths on the plan. Provide a detail on the plans for. the baffled weir outlet. Show a!! existing and proposed invert elevations. Install a manhole at the bend of the 6-in. sanitary service line. 10J �. .,� . October 31, 1994 Page 2 13. Install a�gate valve on the 6-in. service fine. 14. Note on the plans that all street sucfaces shall be kept free of dirt and debris and shall be swept on a daily basis or as directed by the City. - 15. Provide a rocked entry point to the site. Show location and detail on the plan. 16. Clearly identify locations of silt fence iristallation. Provide a detail on the plan. 17. Provide hydrofogy, hydraulic, ponding calcufations and all related information and assumptions. 18. Additional information may be requested. SE:cz cc: Micheie McPherson Paul Cherney, Pioneer Engineering 10K � . : y t � . � � � � ,��'� 4 ���.� � 4 � � 1 ► �'�� ' � C: •� � �i�%` ! %/: �; � "/J; �: ; �� . 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ZOA Cer 5904 s�.i�rc •►wR � 1 iC •vcwc N tN �vEMU( . � I� 71 TN � � s �oo �p St iN �YC. �iou�r.ri!�-. _.. _., __. � � ' � � . � SSOO I � ; �. � ,�, � � ! •�ru�� V/T M�■ ,•• � 7 1 ^ . _. . g . . . '�"WALL BOARD, INC. --�. � , .. . ,...- . . � E-- PMI/BUNZL 100,OOOs.f, ' FF10E I WAREHOUSE' ,_ __ SITE - �....o� : _ . ,� , _ 1 aurri� � � ' h G aou.�c � ; � i r * i `' I --� �' VACANT '�` � � � � �-,i . . � , I� � ` �'QUEBECOR' � ; ;' � t - , � '� i ' � r � � � i �I ti i i � � � �vcru[ �� �) 1 ��MO��r� S . ; ; � n� , _1:��!�'L��►�I���►���C�I►�i�.'�.' ��: � �. � CITY OF FRIDLEY 6431 UNIVERSIT'Y AVENUE N.E. FRIDLEY, MN 55432 '� � (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT REZONING APPLICATION � FORM �'ROPERTY INFORMATION - site plan required for submittal; see attached Address: Has not been assigned � Property Identification Number (PIl� 2�-30-24=1 1=0012 and 27-30-11-001�3 Legal description: �- °� � 1 a�12 c�' blodc 3, C�e�t I�CI I*�__st1�a1' Q37E6e�' F�st� Ai� � Lot �� 2 ° Block 3 � TracdAddition �� T"`�'�'�''�� � Cuirent zoning: �'2 Square footagelacreage ���� �• ��•�2-93 ao.� Requesting zoning: I''�'3 Reason for rezoning: ��� °�°�' � fl� ��. � r�ee� l�an�e a�7 Have you operated a business in a city which required a business license� �� Yes X� No � If yes, which city? ��� If yes, what type of business? �� � a�'� � � Was that license ever denied or revoked? Yes No X FEE OWNER INFORMATION (as it appears on the property title) rchasers: Fee Owners must sign this form prior to processing) r �. ...:.. � � • �1 t� • � .11 - . - '� �:�/.�. SIGNA DAYTIME PHONE �-7�� DATE� � �7 � NAME �� , �• - David Mclntyre ADDRESS SIGNA' 2504 t�st Qax�t.y R�d B�s�vill.e, NN 55113 DAYTIMEPHONE ��4 DATE 9���� Fee: $500.00 Permit ZOA #�I�_ Receipt # _ �� �ZZ � Application received by: � Scheduled Planning Commission date: v�.,, � �� Scheduled City Council date: _ _ � 10Q 'r � _.�._ Notice is hereby given Fridley City Council a University Avenue N.E. for the purpose of: PUBLIC HEARING BEFORE THE CITY COUNCIL that there will be a public hearing oi the t the Fridley Municipal Center, 6431 on Monday, December 5, 1994 at 8:30 a.m. Consideration of a Rezoning request, ZOA #94- 04, by David McIntyre of Ceres Environmental, to rezone from M-2, Heavy Industrial to M-3, Outdoor Intensive, Heavy Industrial, to corporate offices and outdoor storage of materials and equipment as a principal use Lots 1& 2, Block 3, Great Northern Industrial Center East. This property is generally located East of 5101 Industrial Boulevard, North of FMC, and adjacent to the Burlington Northern mainline. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta ColZins at 572-3500 no Zater than November 28, 1994. Any and all persons desiring to be heard shall be given an opportunity at the above stated ti�ae and place. Any questions related to this item may be referred to the Fridley Community Development Department at 572-3592. Publish: November 22, 1994 November 29, 1994 10R WILLIAM J. NEE MAYOR ZOA #94-04 Mailing List Mailed: 10/ 18/94 Ceres Environmental Inc. 1 1/ 16/94 Ceres Environmental David McIntyre 2504 West County Rd. B Roseville, NIld 55113 Quebecor Printing 1999 Shepard Road St. Paul, MN 55116 Perlman Rocque 51 - 52nd Way NE Fridley, MN 55421 Trilliwa Corporation 1307 Cornwall, #200 Bellinqham, WA 98225 Current Resident 5151 Industrial Blvd. NE Fridley, 1�T 55421. Kurt Manufacturing 5280 Main Street NE Fridley, NIld 55421 Minikahda Mini Storage Minikahda Mini Storage 5350 Industrial Blvd. NE 33 N. Washington Fridley, NIN 55421 500 Union Plaza Minneapolis, MN 55401 City Council Members 10S Current Resident 5101 Industrial Blvd. N Fridley, NIlJ 55421 Westinghouse Electric li Stanwik Pittsburgh, PA 15222 Current Resident 5400 Main Street NE Fridley, MN 55421 David Newman Planning Comm. Chair 7635 Alden W�y NE Fridley, NIN 55432 PLANNING COMMISSION MSETING, NOVSMBER 2, 1994 PAGE 5 stipulations cover the concerns. MOTION.•by Mr. Oquist, seconded by Mr. Saba, City Council approval of Rezoning Request, 2 Moseman of Supreme Tool Inc., to rezone fr Business, to M-1, Light Industrial, to a o� manufacturing facility on Lot 3, Block , A generally located north of 7597 Highw #65, stipulations: t recommend to the � �94-05, by Bruce C-2, General construction of a & R Second Addition, with the following 1. The petitioner shall submit a andscape plan complying with the district requirements pr' r to issuance of a building permit. 2. The petitioner shall comp with the comments in Scott Erickson's memo dated Oc er 17, 1994, prior to issuance of a building permit. . and, that requirement �11 dated October 17, 1994, be 11. AZ1 existing street debris and shall be the City during the listed in Scott Erickson's memo visect to read: faces shall be kept free of di.rt and pt on a daily basis.or as directed.by struction process. IIPON A VOICE VOTE, ALL�TING AYS� VICTs-CBAIRPERSON RONDRICR DECLARED THE MOTION C I13D IINANIMOIISLY. Mr. Hickok stated the City Council will establish a public hearing on November 21 and will hear the request on December 5, 1994. 2. PUBLIC HEARING: CONSIDERATION OF A REZONIIdG RE4UEST. ZOA #94-04, BY DAVE McINTYRE OF CERES ENVIRONMENTAL: To rezone from M-2, Heavy Industrial, to M-3, Outdoor Intensive, Heavy Industrial, to allow the construction of corporate offices and to allow outdoor storage of materials and equipment as a principal use on Lots 1& 2, Block 3, Great Northern Industrial Center East. This property is generally located east of 5101 Tndustrial Boulevard, north of FMC, and adjacent to the Burlington Northern mainline. MOTTON by Ms. Savage, seconded by Mr. Saba, to waive the reading of the pubiic hearing notice and to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR DECLARED.THE MOTiON CARRIED AND THE PIIBLIC HEARING OPEN AT 7:46 P.M. Mr. Hickok stated the request is to rezone the subject parcel from M-2, Heavy Industrial, to M-3, Heavy Industrial Outdoor 10T i PLANNING COMMI88ION MS$TING, NOVEMBER 2, 1994 PAGE 6 � Intensive. Both are heavy industrial districts; however, the M-3 is designed to accommodate heavy industry with outdoor intensive activities. The subject parcel is located within the Grea� Northern Industrial Center and the zoning in that center is M-2, Heavy Industrial. The zoning to the east covers the properties alang Main Street which are M-2, Heavy Industrial. Mr. Hickok stated the property is to the west of the rail line and is a long narrow parcel. The request would allow rezoning for Ceres Environmental. The site plan includes an office building which would be the location of their administrative and office complex and the location for maintenance of their heavy equipment. Ceres provided copies of photographs of the types of equipment to be stored on this site. The office portion of the building is two-story with 3840 square feet. There are 6,400 square feet in the maintenance complex located to the rear of the building. Mr. Hickok stated staff inet with the petitioner early in the planning process and determined, because of the size of the building and intensity of storage outdoors, an M-3 zoning would be appropriate for this request. Initially, the petitioner looked at the site and, based on the site dimensions; the size of the building required and the use, felt this was an adequate site. It is the outdoor storage activities that have driven the M-3 requirement. - Mr. Hickok stated, in May, 1992, the City Council debated the creation�of the M-3 district. At that time, there was much discussion about what the M-3 district would be used for and what impacts that would have on the existing M-1 and M-2 districts. It was believed that creating the M-3 district would allow the opportunity for those who wanted M-3 industrial uses that were not covered under the M-2 and special use permit for outdoor storage. Screening could be difficult because of the large equipment or other activities related to outdoar storage. Therefore, the M-3 district was deemed necessary. As part of that discussion, the City determined that the sites appropriate for M-3 zoning were in the northern partion of the City. This area centers around Hickory Street north of 81st. Mr. Hickok stated Ceres Environmental is an environmental consultant with clients throughout the metropolitan area and throughout the country. Their services include fuel tank removal and replacement, construction/demolition, recycling of timber, snow removal, and general tree service (trimming, dead tree removal, etc.) Ceres has a number of locations. This would be the site for office and maintenance uses. Ceres has a site in Maple Grove for wood recycling. They are the Hennepin County contractor for this activity. They are also the City of Minneapolis contractor for snow removal and much of the large 10U PLANNING COMMISSION MEETING, NOVgiIB$R 2, 1994 PAGE 7 equipment related to the snow removal would be stored on the site. Ceres felt the proximity of the site to downtown Minneapolis is important and that this is a preferred site'to other M-3 available in the community. Mr. Hickok stated there are three criteria used in determining whether rezoning is appropriate. The first is the compatibility with adjacent uses. To the north, there is M-2, Heavy Industrial, (Minikahda Mini Storage) which is an industrial self- storage facility with indoor storage and asphalt driving aisles and parking surfaces. To the east, there is M-2, Heavy Industrial, along Main Street. Closest to this site would be the rear portion of those sites. To the south is also M-2, Heavy Industrial, including Quebecor and FMC. These are large buildings with incidental outdoor storage. To the west, is the Perlman Rocque transfer facility for restaurants, including McDonald's. There is outdoor truck/t�ai�er activity which is limited to incidental traffic related to the principal use on site. Mr. Hickok stated the second criteria is the district intent. The intent of the M-3 is to allow heavy industrial uses and outdoor storage. This proposal wouZd be consistent with M-3 zoning and would be dependent on the outdoor storage. Mr..Hickok stated the third criteria is the district regulations. The proposed site plan meets the intent and meets the M-3 zoning regulations. The building is centrally located. There is landscaping to the north and to the south. There is a storage yard with crushed gravel or compacted fill area. There is also hard surface of concrete and asphalt. The petitioner has asked for consideration of the crushed gravel because of the weight of the equipment and materials to be stored outside. Mr. Hickok stated the recommendation falls back to a policy issue. Approval would allow an M-3 parcel that would be � surrounded by M-2 uses. The site has an elongated shape that backs up to the railroad tracks. To the rear of the property is the rear areas of the industrial uses to the east. Staff recommends, based on the evaluation of the criteria, that the Commission recommend denial of the rezrning request due to the incompatibility of the M-3 district with the other M-2 uses. If the Planning Commission chooses to recommend approval, staff recommends the following stipulations: 1. Lots 1 and 2, Block 3, Great Northern Industrial Center East shall be consolidated as one tax parcel. 2. The parking area shali incZude signs and surface striping to identify a one-way circuiation pattern. ��V i PLANNING COMMISSION MEETING NOVEMBER 2 1994 PAGE 8 t 3. A five-foot setback for landscaped area must be established along the eastern property line, running from the north to � -- the south property lines. - 4. Irrigation shall be installed in the front and side yards. 5. The landscape plan shall be modified to include additional plantings for seasonal color and screening. This plan shall be reviewed and approved by City staff. 6. Additional berms and landscaping shall be added to the site plan north of the gravel parking area indicated on the plat (south of the storm water pondj. 7. The petitioner shall comply with the Engineering Department requirements specified in Scott Erickson's memo dated October 28, 1994. 8. Al1 surfaces intended for drives or park�ing/storage of equipment shall be surfaced with concrete or asphalt. Mr. Hickok referred to stipulation #7 in which Mr. Erickson's memo lists the following Engineering Department requirements: f l. A Storm Pond Maintenance Agreement will need to be recorded ` � with the property prior to issuance of a building permit. � 2. Al1 drive areas shall be hard surfaced and have concrete curb and gutter. 3. The driveway entrance shall be constructed to retain all drainage on site. - -- 4. Grade the site to one ponding location. 5. Provide concrete blocking for all watermain piping bends. Note on the plan the amount of blocking to be installed. 6. Install rip-rap with filter blanket at the storm pipe outlet. 7. Install flared ends and trash guards on all storm pipe ends. 8. Clearly note all pipes sizes, types of material, and class of materials being proposed. 9. A minimum of 7 feet of cover is required to the top of all service lines. Is this achieved? Clearly note service depths on the plan. 10. Provide a detail of the plans for the baffled weir outlet. 10W ( PLANNING COMMISSION ME$TING. NOVEMBER 2. 1994 PAQE 9 11. Show all existing and proposed invert elevations. , 12._ Install a manhole at the bend of the 6-inch sanitary �ervice line. 13. Install a gate valve on the 6-inch service line. 14. Note on the plans that all street surfaces shall be kept free of dirt and debris and shall be swept on a daily basis or as directed by the City. 15. Provide a rocked entry point to the site. Show location and detail on the plan. 16. Clearly identify locations of silt fence installation. Provide a detail on the plan. 17. Provide hydrology, hydraulic, ponding calculations and all related information and assumptions. 18. Additional information may be requested. Mr. Saba stated the proposal is for a service and maintenance facility. Will there also be junk�or salvage vehicles on the property? Mr. Hickok stated his understanding is that vehicles will be there for maintenance and that their typical vehicles for operation will be stored there. He did not believe any salvage vehicles would be on the property. Ms. Savage asked if the petitioner was looking at the site. Mr. Hickok stated they are looking at the site and have not established that at their location. Ms. Savage asked if there had been any discussion with staff about this company locating in the M-3 zone. Mr. Hickok stated yes. One of the items highlighted was the proximity with Minneapolis with their snow removal activities. Mr. Kondrick asked if fencing was discussed. Mr. Hickok stated yes. Screening plans as indicated on the elevations would include a chain link fence with privacy screening slats to screen those elements to be stored outside. There is also an undulating berm with landscaping to soften the impact of that screening fence. Mr. Kondrick asked if this is speaking to fencing the entire 10X . PLANNING COMMISSION.MEETSNG, NOVEMBER 2, 1994 PAGE 10 property. Mr.--Hickok stated there would be screening for all areas w�ere storage of materials could be seen from adjacent properties or the public right-of-way. Mr. Steven Johnson, business manager for Ceres Environmental, stated the company has been in business for 17 years. The size of the company and gross revenues are currently about $5 million. They employ 15-30 people. Some positions are seasonal. They are looking at this property for their headquarters and maintenance facility. The amount of equipment stored would be very limited on this parcel. They have a 10-acre facility in Maple Grove where they operate year-round recycling activities. That particular operation has achieved national accl�aim. As far as he knows, the operation is looked at kindly and is a clean operation. They do not intend to move these activities to this site. There seems to be some misconception as to the amount of storage to occur on the property. There is not going to be a great amount due to the size of the property. About 80� of the equipment is stored on the job locations, which could be metro, regional or in other states: At the most, 20% would be at this location and only at the time it is being serviced or if it is for seasonal use. Mr. Johnson stated, in reference to the question as to whether " another M-3 site would work, there are limitations. Concerns include access and closeness to downtown. The type of snow removal they do is for substantial commercial properties in downtown locations where the snow is hauled off-site and disposed of. This particular location would provide quick access to both freeways. The time difference in mobility and travei time compared to the other zones would be detrimental to their snow removal operations. It does not seem like a long way but with repeated trips it adds up significantly. Mr. Johnson stated he would like to reinforce that the company would be a good neighbor. The intent is to comply with the recommendations of staff. He is concerned about the stipulation to require a paved service for the entire storage area. A lot of the equipment has tracks which is not co�patible with paved or concrete surfaces. It is very hard on those surfaces and the investment put into that surface on a repeated basis would have a significant impact. They have enough space to accommodate the equipment that is there on a regular basis. The concrete surface in the shop needs to be 10 inches thick. There is also a substantial paved area in the front. They have every intention to make the site attractive. They want to attract and maintain good employees. Some of the limits of a contractor are the looks of the yard. Part of their corporate image is to convey that image with the property. , 10Y � r t � PLANNING COMMISSTON MEETINC3 NOVEMBER 2 1994 PAGE 11 Mr. Kondrick asked, in lieu of a concrete or asphalt storage yard, what surface would they propose. Mr. Johnson stated the surface would be an improved surface with crushed rock. This would be within a fenced area and screened from view. Maintenance is done annually or as needed. Mr. Johnson stated, to provide an idea of their need and concern, they are currently located on Hwy. 280. They have surfaces there that are concrete and asphalt installed a number of years ago to handle heavy equipment. Their use on that particular property has deteriorated that surface in a few years. They want to make the investment for an apron but it is not practicaZ zn the storage yard where equipment is stored. Mr. Kondrick asked if they would be changing oil or have any contaminants that would seep into the soil in the storage yard. Mr. Johnson stated taaintenance would be done on the concrete apron and in the shop itseif. There would be no activities as described on the gravel surfaces. Ceres is an environmental contractor so they have that concern. Their main contractor is the government to do clean up. They have a qood track record�and are a conscientious environmental contractor. He did not think there would be any probZems. Mr. Oquist asked if they would be storing and maintaining the equipment as shown in the provided materials except when it is on the job site. Mr. Johnson stated this building would be the main garage. For major repairs, equipment would come here. Mr. Kondrick stated the company specializes in the removal of storage tanks. Would any of those removed items to be stored on this site? Mr. Johnson stated no. Those items are dealt with on the site or hauled directly to a disposal facility. New installations are normally sent to the site. They have had occasions where tanks were delivered before they were ready to install and needed to be stored in the yard. Mr. Johnson stated their hours of operation are from 7:30 a.m. to 6:00 p.m. During snow removal, they are a 24-hour.operation and would be dispatching crews out of that area during snow falls. That operation is a bit unique. The type of work requires heavy equipment. That equipment wouid be interimly staged at this facility. Mr. Kondrick asked if welding would be done inside. 10Z � � � . . . . . . . . ... . . _ ... . .....,�.�.: .w.�:•i.i,: :.c�• . . :.r.: :.n:.. ..z.�s:<r.r�i.r..:ut: � PLANNING COMMISSION MEETING, NOVEMBER 2, 1994 PAGE 12 � Mr. Johnson stated a welding bay would be in the shop. They want to have four service bays. One of those would be a drive through for_tractor/trailer rigs. Al1 of those maintenance activi�ies would be done indoors. Mr. Kondrick stated one of the items that was of concern to sta.ff was the company comply with the memo dated October 28, 1994, from Mr. Erickson regarding the drainage and grading review. Were there any questions? Mr. Johnson stated they have reviewed. They have no problems o� concerns in complying. They asked staff to come to another location that would be very similar in type, use and construction to what is being proposed. It was typical and indicative of the facility they propose. Mr. Hickok stated the facility is Bel Air Excavating in New Brighton located northwest of the intersection of Hwy. l0 and 96. Staff looked at the site and also had an opportunity to see the crushed compacted or recycled surface. It gave staft a chance to see a site like this in operation. It is a very nice site. Mr. Kondrick stated staff has recommended denial of the request. If the Commission recommends approval of the request, staff recommends eight stipulations. With the exception of stipulation #8 regarding tiie surface in the storaqe area, are you in agreement with the remaining stipuiations as submitted? Mr. Johnson stated they would be able to comply with all except #$• They would request a gravel surface. Mr. John Ryden provided photos of the site including aerial photos. He felt this company was as good a use as one would see on this property. He does not think one would see a use more in line with the M-2 zoning. The use will be M-3 primarily because of the location, dimensions and terrain. It is across the street from where there are semi-trailers backed up to the street. The other side is�along the railroad tracks. The lot is very narrow so it would be difficult to get a bigger building on the site. The property lends itself to outdoor storage use. The typical company laoking to construct a building with no storage would not want this site. They would want a different view. This is the reason Ceres picked the site. It is somewhat hidden from the main traffic lines. Mr. Kondrick asked if the streets in that area can support the weight of this equipment. Can they get back to the property with this equipment? Mr. Johnson stated the streets are wide enough and are adequate. That was a limitation on the how to develop the site. They had 10AA 0 � PLANNING COMMISSION MEETING. NOVEMBER 2. 1994 PAGE 13 to have the architect design i.t so they could qet sufficient turning radius for a tractor/trailer rig onto the property. They accomplished that with a drive through bay withia the buildinq � and-one way routing in and out of the site. - Mr. Hickok stated the streets in this industrial district are of a heavier grade with this use in mind. MOTION by Mr. Saba, seconded by Oquist, to close the public hearing. IIPON A VOICS VOTE, ALL VOTING AYS, VICB-CHAIRPERSON KONDRICR DECLARED THE MOTION CARRISD AND THE PUBLIC HEARING CLOSED AT 8:25 P.M. Mr. Saba asked if they would need a variance for stipulation �8. Mr. Hickok stated yes. The surface requirement could be brought back for the appeals process. Mr. Oguist stated, as he recalied, a similar discussion came up with Park Construction where they did not need the hard surface. Mr. Hickok stated this is a discretionary decision on the part of staff to decide which items go through the appeals process. Ultimately, all have to go through the City Council. There have been items that the Council has acted on independent of the Appeals Commission. Ms. Savage asked if the City had received any objections to the request. Mr. Hickok stated staff has not received any negative calls regarding this request. Mr. Oquist stated this seems to be a good use of the property and this is an environmental consulting company. He would like to strike stipulation �8. He does not think this requirement would work for this intended use. Ms. Savage stated she had concern about establishing a precedent for moving the M-3 zoning but she was persuaded that this company would be an asset to the City. Because of the particular area, she did not think it would be a detriment. Mr. Kondrick agreed. This use would suit the area. Mr. Saba stated there could be worse companies than this for M-3. He did not see a problem. He thought it would be handled well. He would like to see stipulation �8 go through the appeals process and then to the City Council. He has no problem with the � - - e _ .. .. ,.... _ � PLANNING COMMZSSION__MEBTING, NOVSI�B$R 2, 1994� PAGE 14 � curbs but the surface is not right for this type of operation. , MOTION.by Mr. Saba, seconded by Mr. Oquist, to recommend approval of Rezoning Request, ZOA #94-94, by Dave Mclntyre of Ceres Environmental, to rezone from M-2, Heavy Industirial, to M-3, Outdoor Intensive, Heavy Industrial, to allow the construction of corporate offices and to allow outdoor storage of materials and equipment as a principal use on Lots 1& 2, Block 3, Great Northern Industrial Center East, generally located east of 5101 Industrial Boulevard, north of FMC, and adjacent to the Burlington Northern mainline, with the following stipulations: l. Lots 1 and 2, Block 3, Great Northern Industrial Center East shall be consolidated as one tax parcel. 2. The parking area shall include signs and surface striping to identify a one-way circulation pattern. 3. A five-foot setback for landscaped area must be established along the eastern property line, running.from the north to the south property lines. 4. Irrigation shall be installed in the front and side yards. 5. The landscape plan shall be modified to include additional plantings for seasonal color and screening. This plan shall be reviewed and approved by City staff. � 6. Addxtional berms and landscaping shall be added to the site plan north of the gravel parking area indicated on the plat (south of the storm water pond). 7. The petitioner shall comply with the Engineering Department requirements specified in Scott Erickson's memo dated October 28, 1994. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRiCR DECLARED THE MOTION CARRZED IINANIMOIISLY. Mr. Hickok stated the City Council would on November set the date for the public hearing. The public hearing would be held on December 5, with the final decision made on December 19. 3. OCTOBER 25, 1994 MOTION by Ms. Savage, seconded b . Saba, to receive the Appeals Commission minutes of tober 25, 1994. UPON A VOICE VOTE, ALL TING AYE, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION RIED UNAI+IIMOUSLY. 10CC CITY OF FRIDLEY PLANNING COMMI88ION MEETING, NOVEMBER 30, 1994 CALL TO ORDER: Vice-Chairperson Kondrick called the November 30, 1994, Planning Commission meeting to order at 7:34 p.m. ROLL CALL• Members Present: Dave Kondrick, LeRoy Oquist, Diane Savage, Brad Sielaff, Dean Saba, Connie Modig Members Absent: Dave Newman Others Present: Scott Hickok, Planning Coordinator Michelle McPherson, Planning.Assistant Sandra O'Reilly, 2828 2Zth Avenue South, Minneapolis, Minnesota . Michael Heller, 8245 Riverview Terrace John O'Reilly, Plunkett's Pest Control John Ryden, C. B. Commercial Sites, 7760 France Avenue South, Bloomington, Minnesota APPROVAL OF NOVEMBER 2� 1994, PLANNING COMMISSION MINUTES: MOTION by ,_ seconded by , to approve the November 2, 1994, Planning Commission minutes as written. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICR DECLARED THE MOTION CARRIED IINANIMOIISLY. APPROVAL OF AGENDA: Mr. Kondrick requested the addition of Discussion of 1995 Meeting Dates. Mr. Saba requested the addition of Discussion of Springbrook Nature Center. MOTION by Mr. Saba, seconded by Mr. Oquist, to accept the agenda as amended. IIPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED IINANIMOIISLY. 1. PUBLIC HEARING• CONSIDERATION OF A SPECIAL USE PERMIT: SP #94-17. BY MICHAEL AND JULIE HELLER: Per Section 205.24.04 of the Fridley City Code, to allow construc�ion of a kitchen expansion and repair of an existing dwelling in the flood fringe district, on Lots 22, 23, and 24, 11 PLANNING COMMISBION MEETING, NOVEMBER�30. 1994 PAG$ 2 Block P, Riverview Heights, generally located at 8245 Riverview Terrace N.E. MOTION by Ms. Savage, seconded by Ms. Modig, to waive the reading of the public hearing notice and to open the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, VIC$-CHAIRPERSON KONDRICR DECLARED THE MOTION CARRIED AND THE POBLIC HEARING OPEN AT 7Z37 P.M. Ms. McPherson stated the Special Use Permit request is to allow construction and/or repair of a dwelling located in the Flood Fringe (CRP-2) District. The request is addressed as 8245 Riverview Terrace N.E. and is located at the interseation of Janesville Street and Riverview Terrace. The property is iocated west of East River Road in the northwest corner of the City. The property is zoned R-1, Single Family Dwelling, and is located within the flood fringe area as defined by the zoning code. The petitioners have completed a number of repairs on the walls and foundation of the breezeway portion of the dwelling without obtaining a building permit. Once the petitioner was informed that a building permit was necessary to complete the repairs, it was also discovered that a special use permit and a variance were also required. The variance was necessary to reduce the side corner setback from 17.5 feet to 15.1 feet on the Janesville side of the property. The Appeals Commission approved the variance request. Ms. McPherson stated, according to the zoning map, the parcel is just within the boundaries of the flood fringe district. The requirements of this district require that the elevation of a home be a minimum of one foot above the 100-year flood elevation. According to the survey �submitted by the petitioner, the first floor elevation of the dwelling unit is at 829.6 feet which is above the 100-year eievation of 824.3 feet. The petitioner is required by ordinance to submit an elevation certificate to verify the first floor elevation. In addition to the elevation certificate, the City typically requires petitioners of special use. permits in the flood fringe district to execute a hold harmless agreement which releases the City from liability from issuing a special use permit. Also requested by the Engineering Department is a 15-foot flood control, street and utility easement along the west property line. This is being requested to allow the re- construction and improvement of Riverview Terraee as a flood control device. Ms. McPherson stated the request complies with the requirements of the flood fringe district. Staff recommends approval with the following stipulations: 1. The petitioner shall submit an elevation certificate verifying the first floor elevation of the dwelling and the breezeway. 11A PLANNING COMMISSION MEETING. NOVEMBER 30, 1994 PAGE 3 2. The petitioner shall execute and record against the property a hold harmless agreement releasing the City from liability. 3. The petitioner shall grant a 15-foot flood control, street and utility easement along the west property line. Mr. Sielaff asked when the improvements were made and how the petitioner found out about it. Ms. McPherson stated the improvements were made earlier this summer. The City found out about it when a contract inspector working in the neighborhood noticed work being done. Mr. Sielaff asked if there was a policy for those who do not obtain a permit beforehand. Ms. McPherson stated the City is allowed to add additional fees if people do work with a permit; however, the City has typically has not enacted this policy especially if the owner is diligent about meeting the required permits. Such was the case in this instance. Mr. He21er stated he had no additional comments. He has talked with staff and Mr. Flora about the street and the future plans for the street. He questioned why they needed more property from them for the easement. He said they are going to move the street further east to their property line. Mr. Kondrick asked staff if this was the case. Mr. Hickok suggested the petitioner contact the Engineering Department if he wanted additional information. The information presented is consistent with what is being done with all properties. Mr. Kondrick asked the petitioner if he had any problems mith the stipulations. Mr. Heller stated he had no problems with the stipulations. MOTION by Mr. Saba, seconded by Ms. Savage, to close the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING CLOSBD AT 7:43 P.M. Mr. Kondrick stated he drove by the property and he had no problems with the work being done. The Commission members concurred. 11B PLANNING COMMISSION MEETING, NOVEMBER 30. 1994 PAGE 4 MOTION by Mr. Oquist, seconded by Mr. Saba, to recommend approval of Special Use Permit, SP #94-17, to allow construction of a kitchen expansion and repair of an existing dwelling in the flood fringe district, on Lots 22, 23, and 24, Block P, Riverview Heights, generally located at 8245 Riverview Ter.race N.E., with the following stipulations: � 1. The petitioner shall submit an elevation certificate verifying the first floor elevation of the dwelling and the breezeway. 2. The petitioner shall execute and record against the property a hold harmless agreement releasing the City from liability. 3. The petitioner shall grant a 15-foot flood control, street and utility easement along the west groperty line. UPON A VpICE VOTE, ALL VOTING AYB, VICE-CHAIRPERSON RONDRICK DECLARED THE MOTION CARRIED IINANIMOIISLY. Ms. McPherson stated the City Council would consider this request on December 19. 2. CONSIDERATION OF A LOT SPLIT. L.S. #94-07, BY PLUNKETT�S PEST CONTROL• To redefine Lots 1 and 2,'Block 10, Great Northern Industrial Center by moving the joint property line 39 feet east of its current location. The legal descriptions for the two lots will be as follows: Parcel A: Lot 2 and the West 39 feet of Lot 1, Block 10, Great Northern Industrial Center-Fridley, according to the recorded plat thereof, Anoka County, Minnesota. Parcel B: Outlot JJ, Outlot II, and that part of Lot 1, Block 10, lying east of the West 39 feet thereof, Great Northern Industrial Center-Fridley, according to the recorded plat thereof, Anoka County, Minnesota. This property is generally located south of 52nd Way and west of the Burlington Northern railroad tracks. Mr. Hickok stated the request is for a reconfiguration of two existing lots within the Great Northern Industrial Park development area. Plunkett's Pest Control is interested in a site east of Industrial Boulevard and south of 52nd Way. The original development was platted in 1968. As a stipulation of the development, two-acre minimum lot sizes were required. Over the course of time, properties have developed surrounding this lot and resulted in a lot less than two acres or 1.69 acres. Plunkett�s Pest Control happened upon this as they prepared to develop the site. They are proposing a 12,000 square foot building, 30 parking 11C PLANNING COMMISSION MEETING, N09EMBER 30, 1994 PAG$ 5 stalls, and outdoor screened storage area. The soltition to this is a reconfiguration of the lots that would move the lot line 39 feet east. This would allow the proposed site to have the two-acre minimum and still allow the remaining lot to meet the two-acre minimum for this development. The zoning code requires 1.5 acres so this request relates to the covenants in that development. Mr. Hickok stated staff recommends approval of the Lot Split request with the following stipulations: 1. All building and site design standards shall meet or exceed the code requirements of the M-2 zoning district. 2. A new survey shall be prepared showing the correct site configuration of Lots 1 and 2, Block 10, Great Northern Industrial Center. 3. The lot split shall be recorded with the Anoka County Recorder's Office prior to issuance of a building permit for either Lot 1 or Lot 2, Block 10, Great Northern Industrial Center. 4. The cost of any modifications to the utilities related to this reconfiguration sha11 be the sole expense of the property owner or successor for both Lots 1 and 2, Block 10, Great Northern Industrial Center. 5. Park dedication fees shall be paid at a rate of $.023 per square foot of land. Dedication fees shall be paid at the. time of building permit issuance for each of Lots 1 and 2, Block 10, Great Northern Industrial Center. Mr. Oquist asked to clarify that the ordinance is 1.5 acres but the covenants for this development are 2 acres. Otherwise, the development complies with the ordinance. Mr. Hickok stated this was correct. Mr. O�Reilly, President of Plunkett's Pest Control, stated their company will be 80 years old next year. The company is a family owned business. His iather bought the business from the Plunkett's in the 1920's. His father ran the company until 1968, and he has run the company since then. They have four addresses within the City of Minneapolis and are now looking forward to moving to this site due security concerns where they are now located. Plunkett's is a pest control service company with employees throughout the state and also in neighboring states. The pesticides they handle are very similar to those available in hardware stores. Mr. Sielaff asked if pesticides would be stored in the proposed building. 11D PLANNING COMMI33ION MEETING, N04EMBER 30, 1994 PAGB 6 Mr. O'Reilly stated yes, but the supply is not very great. Their supplier has overnight freight so they can keep their supply low for economic reasons and reduce the fire hazard. Once-in a while, they will stock an item. Mr. Oquist asked if this location would be their main and only building. Mr. O'Riley stated this would be the place they would do office work. They have little service sites around the state, but this is the only place that is staffed.during the day. The main function at this site is to be office work. Mr. Kondrick asked if the petitioner understood the stipulations. Mr. O'Reilly stated he had understood the stipulations and concurred. Mr. Sielaff asked if a Phase I needed to be dane for a site evaluation. There has been contamination in this area. Mr. Hickok stated a Phase I is not done as a standard practice for a site such as this or in this area. Ms. McPherson stated it is not�a code requirement of the City that a Phase I environmental audit be completed. Typically, it is standard practice by banks and mortgage companies to have a Phase I audit. Mr. Ryden stated he had a question pertaining to the stipulation requiring a survey. He believed the survey they provided showed a small piece just t� the east which makes the site 4.33 acres rather than 4.07 acres. Is staff looking for a new survey? Mr. Hickok stated they are asking for a boundary survey showing the parcels as they have been newly created. Mr. Ryden stated he was surprised by the covenants. The lot split will allow them to sell the property and hoped the Commission would recommend approval. MOTION by Mr. Sielaff, seconded by Ms. Modig, to recommend approval of Lot Split Request, L.S. #94-07, by Plunkett's Pest Control, to redefine Lots 1 and 2, Block 10, Great Northern Industrial Center by moving the joint property line 39 feet east of its current location. The legal descriptions for the two lots will be as follows: Parcel A: Lot 2 and the West 39 feet of Lot 1, Block 10, Great Northern Industrial Center-Fridley, according to the recorded plat thereof, Anoka County, Minnesota. 11E PLANNING COMMIS3ION MEETING, NOVEMBER 30, 1994 PAGE 7 Parcel B: outlot JJ, Outlot II, and that part of Lot 1, Block 10, lying east of the West 39 feet thereof, Great Northern Industrial Center-Fridley, according to the recorded plat thereof, Anoka County, Minnesota. This property is generally located south of 52nd Way and west of the Burlington Northern railroad tracks, with the following stipulations: 1. All building and site design standards shall meet or exceed the code requirements of the M-2 zoning district. 2. A new survey shall be prepared showing the correct site configuration of Lots 1 and 2, Block 10, Great Northern industrial Center. 3. The lot split shall be recorded with the Anoka County Recorder's Office prior to issuance of a building permit for either Lot 1 or Lot 2, Block 10, Great Northern Industrial Center. 4. The cost of any modifications to the utilities related to this reconfiguration shall be the sole expense of the property owner or successor for both Lots 1 and 2, Block 10, Great Northern Industrial Center. 5. Park dedication fees sha11 be paid .at a rate of $.023 per square foot of land. Dedication fees shall be paid at the time of building permit issuance for each of Lots 1 and 2, Block 10, Great Northern Industrial Center. IIPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDitICK DECLARED THE MOTION CARRIED IINANIMOIISLY. Ms. McPherson stated the City Council would consider this request on December 19, 1994. 3. RECEIVE THE MINUTES OF T�iE HOUSING & REDEVELOPMENT AUTHORITY MEETING OF OCTOBER 24. 1994 MOTION by Mr. Saba, seconded by Mr. Oquist, to receive the Housing Redevelopment Authority minutes of October 24, 1994. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED QNANIMOIISLY. 4. RECEIVE THE MINUTES OF THE HUMAN RESOURCES COMMISSION MEETIPTG OF NOVEMBER 3, 1994 MOTION by Mr. Oquist, seconded by Ms. Savage,'to receive the Human Resources Commission minutes of November 3, 1994. 11F PLANNING COMMISSION MEETING, NOVEMBER 30, 1994 PAG$ 8 UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICK DECLARED THE MOTION CARRIED IINANIMOUSLY. 5. RECEIVE THE MINUTES OF THE APPEALS C�MMISSION MEETING OF NOVEMBER 8.. 1994 MOTION by Ms. Savage, seconded by Ms. Modig, to receive the Appeals Commission minutes of November 8, 1994. UPON A VOICE VOTE, ALL VOTING AYE� VICE-CHAIRPERSON RONDRICK DECLARED THE MOTION CARRIED IINANIMOUSLY. 6. 1995 MEETING DATES Mr. Kondrick presented the proposed meeting dates for 1995. MOTION by Mr. Saba, seconded by Ms. Savage, to accept the proposed meeting dates for 1995 as follows: January 4 July 5 January 18 July 19 February 1 August 2 February 15 August 16 March 1 September 6 March 15 September 20 April 5 October 4 April 19 October 18 May 3 November 1 May 17 November 15 June 7 December 6 June 21 December 20 IIPON A VOICE VOTE, ALL VOTING AYE, DICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED IINANIMOOSLY. 7. SPRINGBROOK NATURE CENTER CONCERNS Mr. Saba stated there is a significant amount of development taking place just north of the Springbrook Nature Center which is �f concern in lieu of what is happening at the Nature Center. The developer is talking about taking Springbrook Creek, putting it underground, and piping the water into the Nature Center. There is a problem with the wetlands proposed to replace that at the development site. The DNR went to the site to investigate and were not allowed on the property. The DNR stopped the development. Mr. St. Clair is concerned about the recent bumps as high as 33 inches in the water level at the Nature Center. The high water level has destroyed the boardwalk several times. The cattails have nearly disappeared because of the siltation from the runoff. He feels this development would destroy the Nature Center as we know it today, if this is allowed to occur without proper management. 11G PLANNING COMMISSION MEETING, NOVEMBER 30. 1994 PAGE_9 There is reason to believe the figures for water runoff are not accurate. The City has been given very little notice about the development in order to give them time to prepare a response. He feels the developer is not addressing the retention ponds adequately. He would like to seek the City's help in managing this. He would not like to see the Nature Center turn into another Locke Lake. The Springbrook Nature Center Foundation has prepared a resolution which he read. • Mr. Saba stated the situation in this area is serious and felt it important to protect what is there. It appears as if the City of Coon Rapids is not concerned about the Nature Center but rather development. The Springbrook Foundation wants the area to be properly managed. MOTION by Mr. Saba, seconded by Ms. Modig, to receive into the minutes the Springbrook Nature Center Foundation Resolution dated November 14,.I994. IIPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED IINANIMOIISLY. Mr. Oquist stated the City has an ordinance that one must control the runoff from their property. Does Coon Rapids have a simi�lar ordinance? Mr. Saba stated the Six Cities Watershed District has reviewed the plan and it appears that the calculations are acceptable. What is happening in the Nature Center is not the same as what is being calculated. Mr. Kondrick stated, in an article in the paper, Mr. St. Clair stated he was not sure what percentage of the increase in water was from the Coon Rapids side and how much was from the development to the east. Mr. Saba agreed that other development has also had an effect. Mr. Kondrick stated the recent development at Wal-Mart included retention ponds. Perhaps they are not working as planned. This is a many sided issue. He agrees the Coon Rapids side has problems, but there are also problems from other directions as well. Mr. Saba stated there are problems from Coon Rapids. There was also talk that 85th would be improved to handle the truck traffic for the proposed warehouse. The County states there is no plan to improve 85th. Mr. Oquist asked if the Wal-Mart retention ponds should be checked to make sure they are working as planned. 11H PLANNING COMMISSION MEETING. NOYEMBER 30, 1994 PAGE 10 0 Ms. McPherson stated she had been on the Wal-Mart site after a heavy rain and she would argue that the Wal-Mart ponds are working. They have had continued water quality tests. She would argue that what they are seeing is water that is coming from Spring Lake Park at Northtown from the development that occurred prior to detention and retention requirements. What probably exasperated the fact is that the water is no longer flowing through two open natural ditches but rather through pipes. Wal-Mart is controlling the water that is leaving the site as a result of their development. They are not responsible for the water that is coming from Spring Lake Park and other areas. Mr. Saba stated each area is looking to control the water in their area but no one is looking at the cumulative problem as a whole. Mr. Hickok commended the Commission on their efforts and stated staff would do whatever they and the City Council ask of staff. Today, staff dropped off application for a grant for the Springbrook Nature Center. The proposed grant is for a three-year investigation period where they would determine water quality and quantity, sources, and the next phase would be an additional grant for implementation. There is some work being done by staff now and staff are optimistic that the state will see the importance and look favorably on the request. A decision should be made by late January. Mr. Oquist expressed concern that three years will be too late.. � Mr. Sielaff stated the Environmental Quality & Energy �ommission talked about an EAW. That would be something that can be done now. He did not know what the outcome -of that would be. The staff person is now looking into it. Ms. Modig asked what was proposed for the replacement plan. Mr. Saba stated his understanding that a plan has been submitted to replace the wetlands. The area being developed, however, is crucial to the Springbrook Nature Center. 8. SAFETY CAMP Mr. Oquist stated.a Safety Camp for kids will be conducted next June. This is a two-day camp for second and third graders to teach them about safety. The City Council agreed to help fund the camp, along with help from businesses in the City. ADJOURNMENT MOTION by Mr. Saba, seconded by Ms. Savage, to adjourn the meeting. 11! PLANNING COMMISSION MEETING, NOVEMBER 30, 1994 PAGE 11 UPON A VOICE VOTE� ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR DECLARED T8E MOTION CARRIED AND T$E NOVEMBER 30, 1994, PLANNINQ� COMMISSION MEETING ADJOIIRNED AT 8:13 P.M. Respectfully submitted, ; y % � (. /� ���� Lavonn Cooper Recording Secretary 11J November 14, 1994 RESOLUTION Whereas, the Springbrook Nature Center is a flood retention site for the Spring Creek Watershed; and, Whereas, the Springbrook Nature Center Foundation observes immediate and rapid development occurring within the City of Coon Rapid's Evergreen Industrial Park; and, Whereas, the Evergreen Industrial Park development would degrad� natural wetland areas found in the Spring Creek Watershed; and, Whereas, it has already been clearly observed that the storm water runoff bumps have exceeded anticipated levels within th� Nature CenCer; and Whereas, it has been observed that siltation nas exceeded anticipated levels within the Nature Center; and Whereas,.these runoffs are already causir_g serious degradation to the Nature Center; and, Whereas, reversing the degradation will ultimately involve significant costs to the City of Fridley - similar to the costs incurred at Locke Lake, Therefore, the Springbrook Nature Center Foundation has resolved that the City of Fridley take whatever action they deem appropriate to protect the Nature Center - anywhere from negotiation to legal action. Further, we recornmend that the current wetlands locaCed in the City of Coon Rapid's Evergreen Industrial Park be preserved and protected_ � Board of D?rectors Springbrooi: Nature Center Foundatioi� 11K S i G N— IN S H E E T PLANNING COMMIBSION MEETING, Wednesday� November 30, 1994 11L ��.�.\ r � � I Community Development Department P G DIVISION City of Fridley DATE: December 15, 1994 � TO: Wi1l.iam Burns, City Manager ��! FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Michele MePherson, Planning Assistant SUBJECT: Special Use Permit Request, SP #94-17, by Michael and Julie Heller; 8245 Riverview Terrace�N.E. The Planning Commission reviewed the special use permit request to allow reconstruction of a dwelling in the flood fringe district at its November 30, 1994 meeting. The Commission voted unanimously to recommend approval of the request to the City Council with three stipulations: - l. The petitioner shall submit an elevation certificate verifying the first floor elevation of the dwelling and ihe. breezeway. 2. � The'petitioner shall execute and record against the property a hold harmless agreement releasing the City from liability. The petitioner shall grant a 15 foot flood control, street, and utility easement along the west property line. The petitioner has already executed the hold harmless agr�ement and easement documents. If approved, the City would then record those executed documents against the property. RECOMMENDATION Staff recommends that the City Council concur with the Planning Commission action. MM/dw M-94-737 11M � ,� S TAFF REPORT Community Development Department Appeals Commission Date Planning Commission Date : November 30, 1994 City Council Date : December 19 , 1994 APPLICATION NIIMBER: . Special Use Permit Request, SP #94-17 PETITIONER: Michael and Julie Heller LOCATION• 8245 Riverview Terrace N.E. The property is zoned R-1, Single Family and located in the Flood Fringe (CRP-2) District. REOIIEST• . To allow construction/repair of a dwelling in the flood fringe district. ANALYSIS• The'subject parcel is located at the intersection of Riverview Terrace and Janesville Street. The petitioners have replaced rotted walls and the foundation on the breezeway portion of the dwelling. This was completed without obtaining a permit. Once the petitioner was informed that a permit was required, it was discovered that a special use permit and variance were also required. The petitioner has applied for a variance to correct an existing encroachment, reducing the side corner setback from r7.5 feet to 15.1 feet. The Appeals Commission voted unanimously to approve the request at its November 8, 1994 meeting. According to the flood plain maps, the subject parcel is just within the boundary defining the CRP-2 District. The requirements of the district dictate that the.first floor elevation of the home be one foot above the 100 year flood elevation. The elevation of the dwelling is 829.6 feet. The elevation of the 100 year flood is 824.3. The petitioner should submit an elevation certificate verifying that the first floor elevation of the dwelling and the breezeway is above the required flood protection elevation. 11N 5taff Report SP #94-17, by Michael and Julie Heller Page 2 **Stipulation** The petitioner shall submit an elevation certificate verifyinq the first_floor elevation of the dwellinq and the breezeway. The City typically requires the petitioner to execute and record against the property a hold harmless agreement releasing the City from liability for issuing the special use permit. **Stipulation** The petitioner shall esecute and record aqainst the property a hold harmless aqreement releasinq the City from liability. The Engineering Department has requested a 15 foot flood control, street, and utility easement along the west property line for the improvement of Riverview Terrace. **stipulation** The petitioner shall qrant a 15 foot flood control, street, and utility easement alonq the west property line. RECOMMENDATION,�STIPIILATIONB: The request complies with the requirements of the CRP-2 District. Staff recommends that the Planning Commission recommend approval of the request to the City Council with the.following stipulations: 1. The petitioner shall submit an elevation certificate verifying the first floor elevation of the dwelling and the breezeway. � 3. The petitioner shall execute and record against the property a hold harmless agraement releasing the City from liability. The petitioner shall grant a 15 foot flood control, street, and utility easement along the west property line. PLANNING COMMISSION ACTION The Planning Commission voted unanimously to recommend approval of the request to the City Council as presented by staff. CITY COUNCIL RECOMMENDATION Staff recommends that the City Council concur with the Commission action. 1�0 SP 4i94-17 Michael & Julie He11er City of Coon Rapids t � � � t�a ��� � � c�i 5�, � � ( 3 � ��) ��i Q,l �ha" �� �� �lY"��4" � � � m (�� ( � (�� ;� � � � �,�baU S�,rQe� , �, � s� 1 , � „ 1 � , ��, � �s K �, '� s � ` earo �i�,' c��� 1 t� t�' �1 i��' �m' �• m) \ t�) . s4 9 `u � • �) (ml {a ? �, �1 (�) u � '• ; � \ i �g,` �e S�,T� i�� cn�o T � ��� tus) (u�a ;, ��1e � � � `�' c ;�, �, c b v, . 1 �", t w, f ��� � c!'� . t ) � �7� ( �+ � �� t"' � 633� t � I) -f3 � { n� 1 � � � � � �� �'' � Y� o t J �o. `� `�' ��� �n�D�a ��� ��' ��� o.. � -- ss� i +� � c L �+ � c �) � ,�.c''',; � `� , 0.��,0�4 S ��� � t c �" � � u � �i g � ��� � c�� (� �'" ��� ( su ) � ! t�: I � eµ ) �y tN � y 67 l � ! 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SP ��94-17 Michael & Julie Heller . ``-�} � `. � s � �� � �g� �� �:� � - �, � � �, O F �� � , s • 1 � �, _ ! � S KI Cr '^ F- - !�� LL +� + z .� - � �.` t 1. 6 + 3 � .,, f � � + 4� ,R'�'�.. +- 1�� i., — �K � 3* � ,o "_ � i_, � { I / !11 �� � �\ � s t� �r 2 � ELY CIR. � ELY �"__.�.. �p�a# .%% C`�i .� 4 P � ,y� 2 3 � LIBERTY a 1 i' l, � ♦ ____,�� � ,_(1_�_°o LONG��+�LOY , � � `. 1 ' � � � � � �-- �� �_ � � �• �/ '�/ � � � L ! . �\\ � � ` , - �e . _. _, . . � r • — `\ OISTRICT LEGEtVD Rf V E RV�1.EW `\ p-� ONE FAMIIY OWC'S LJ M-1 LIGHT IN9USTRIpL � {,,� ` n P-P TWO FIMIL� OWG'S ❑ ai-1 HEAVY INOVSiR1Al � llE�GH �� \�' 1' q_� �GEN. MUIiIP{,EDwG'S � VVD iIqNNEO VHITDEV. CO � (� � I p-� MOBILE HOME P�RK L' S-1 MYDE P�qK NEIGHBOqH000 ❑ � \` P P1181IC ��C�l1T1E5 - �f�l S-S REDEVELOPMENT DISTNICT Q C-1 lOCnl BUSINE55_ :J O-t CNEEN 8 RIYER PQESERYATtO � H � C-1 GENERAL BUS�NESS :�.J p-1 Cft1�ICAi �REA � C-3 GENERAL SNpVV�N�, yyy C-Hl GENEN4t OFfICE �J VqC�TEO SipEETS �'7 11Q ��j�j�i�Gi i��� H o REGISTERED UNDER LAWS OF STATE OF MINNESOTA � � T601 - 73rd Avenue North 560-3093 '� Minneapolis, Minnesota 55428 .Q y, �urvr�nr�a (�pr�ifirttte 0 � �� � , -��� �� ��N � ; ` -`, �- �_ ' SP 4�94-17 Michael & Julie Heller i 24. g- q - ii¢.�q - - � �- „_. �, � � � � z � oi �_ � � t � ---- -- --� ��' •!. I m � ' 31.50 0 1(j � � > >� � "'. .� + �10o r C�e.V. � r{} . � � � __ ___ � _ BZ9.L a- �� �,�/ � 2�.a � 3.30 �?' o $ZQ-S � � . fl � , �° o HOUSE pRAG u'� � m m'�� � `� - � - _ �' . � � , i � k � � � ��� 2` , - �Z. o — . - - . `�; . � �o . s ADDITION �� , �� �. _ ?_ �_ O m � � Q . � � t - - - . - - J .A 1�1 c s �t t i.r t:. � . . � i � � �- T : N.�. . ! ots 22, 23, and 24; Block P, P.IYER!'IEW HEIGIITS P.DOITION o� � �N Because of the three season porch location in relation to the river and flood fringe area, changing its use to year round residential living space requires a special use permit. 11R SITE PLAN SP 4�94-17 Michael & Julie Heller 11 S FLOOD ZONE M!►� � _ � Community Development Department Pi.ArnvuvG D�szoN City of Fridley DATE: December 15, 1994 � TO: William Burns, City Manager �� FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator SUBJECT: Resolution Approving a Lot Split Request, L.S. #94-07, by Plunkett's Pest Control, to Redefine Property by Moving the Joint Property Line 39 Feet East of its Current Location, Generally Located South of 52nd Way and West of the Burlington Northern Railroad Tracks The Planning Commission considered this item at its November 30, 1994 meeting. Plunkett's Pest Control has proposed a Z2,000 square foot building to be located on Lot 2, Block 10, Great Northern Industrial Center (GNIC). In order to develop this site, the site must first conform to the minimum two acre size requirements specified in the GNIC Declaration of Protective Covenants. Currently, the site contains 1.69 acres. By moving the property line between Lots 1 and 2, Block I0, 39 feet east, both Lots 1 and 2 will contain at least two acres. Upon review, the Planning Commission unanimously concurred with staff's recommendation to approve the lot split. The recommendation of approval included the following 5 stipulations: 1. A21 building and site design standards shall meet or exceed the code requirements of the M-2 2oning district. 2. A new survey sha1Z be prepared showing the correct site configuration of Lots 1 and 2, Black 10, Great Northern Industrial Center. 3. The lot split shall be recorded with the Anoka County Recorder's Offzce prior to issuance of a building permit for either Lot 1 or Lot 2, Block 10, Great Northern Industrial Center. L.S. #94-07, by Plunkett's Pest Control December 15, 1994 Page 2 4. The cost of any modifications to the utilities related to this reconfiguration shall be the sole expense of the property owner or successor for both Lots 1 and 2, Block 10, Great Northern Industrial Center. 5. Park dedication fees shall be paid at a rate of $.023 per square foot of land. Dedication fees shall be paid at the time of building permit issuance for each of Lots 1 and 2, Block 10, Great Northern Industrial Center. A resolution has been attached for your review. RECOMMENDATION Staff recommends that the City Council concur with the Planning Commission recommendation and approve the attached resolution. SH/ M-94-754 11U RESOLIITION NO. - 1994 RBSOLIITZON APPROVINQ A SIIBDIVIBION, LOT SPLIT, L.S. �94-07, TO RFDEFINB LOTS i AND Z, BLOCK 10, GREAT NORTBERN ZNDIISTRZAL CENTER BY MOVING THE JOINT PROPERTY LINE 39 F8$T LAST OF IT8 CIIRRENT LOCATION WHEREAS, the City Council approved a lot split at the , 1994 meeting, with stipulations attached as Exhibit A; and WHEREAS, such approval was to redefine Lots 1 and 2, Block 10, Great Northern Industrial Center by moving the joint property line 39 feet east of its current location. The legal descriptions for the two lots will be as follows: Parcel A: Lot 2 and the West 39 feet of Lot l, Block 10, Great Northern Industrial Center-Fridley, according to the recorded plat thereof, Anoka County, Minnesota. Parcel B: Outlot JJ, Outlot II, and that part of Lot 1, Block 10, lying east of the West 39 feet thereof, Great Northern Industrial Center-Fridley, accordinq to the recorded plat thereof, Anoka County, Minnesota. This property is generally located south of 52nd Way and west of the Burlington Northern railroad tracks. WHEREAS, the City has received the required Certificate of Survey from the owner; and WHEREAS, such approval will redefine Lots 1 and 2, Block 10, Great Northern Industrial Center by moving the joint property line 39 feet east of its current location. NOW THEREFORE, BE IT RESOLVED, that the City Council directs the petitioner to record this lot split at Anoka County within three years of this approval or else such approval shall be null and void. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1994. ATTEST: WILLIAM J. NEE - MAYOR WIELIAM A. CHAMPA - CITY CLERK � 11V Page 2- Resolution No. - 1994 EXHIBIT A 1. All building and site design standards shall meet or exceed the code requirements of the M-2 zoning district. 2. A new survey shall be prepared showing the correct site configuration of Lots 1 and 2, Block 10, Great Northern - Industrial Center. 3. The lot split shall be recorded with the Anoka County Recorder's Office prior to issuance of a building permit for either Lot 1 or Lot 2, Block 10, Great Northern Industrial Center. 4. The cost of any modifications to the utilities related to this reconfiguration shall be the sole expense of the property owner or successor for both Lots 1 and 2, Block 10, Great Northern Industrial Center. 5. Park dedication fees shall be paid at a rate of $.023 per square foot of land. Dedication fees shall be paid at the time of building permit issuance for each of Lots 1 and 2, Block 10, Great Northern Industrial Center. 11W sTAFF REPORT Community Development Department Appeals Commission Date Planning Commission Date : November 30, 1994 City Council Date : December 19 , 1994 APPLICATION NIIMBER: Lot Split Request, L.S. #94-07 PETITIONER: Brian Tucker, Petitioner, Plunkett's Pest Control Trillium Corporation, Pentas, Owner LOCATION• This property is generally located south of 52nd Way, east of Industrial Boulevard. REOUEST• To allow a lot split/reconfiguration of two currently platted industrial parcels. ANALYSIS• Plunkett's Pest Control has proposed a building for Lot 2, Block 10, Great Northern Industrial Center. Lot 2 contains 1.69 acres. The restrictive covenants for the Great Northern Industrial Center require a minimum of a two acre site. Code Section 205.18.03.A requires a minimum lot area of 1 1/2 acres. Great Northern development covenants exceed the minimum standard set by the City of Fridley. The request is to configure Lots 1 and 2, Block 10, is a result of the deficiency in lot size in accordance with covenant requirements. Lot 1 contains 2.38 acres currently. By moving the common lot line (between Lots 1 and 2) 39 feet east. Both lots will meet the minimum two acre development standard. Lot 1 will contain 2.07 acres and Lot 2 will contairi two acres. The Plunkett building/site design consists of a 12,000 square foot building footprint, 30 parking spaces, and a rear screened storage area. Details of the building are being completed and are not available for full review at this time. � � Staff Report L.S. #94-07, by Plunkett's Pest Control Page 2 **Stipulation** All buildinq and site design standards shall meet or egceed the code requirements of the M-2 zoninq district. Great Northern Industrial Center was originally platted in 1968. The plat included 106 acres. The East River Road Business Center, Wickes, Perlman Rocque, and many other industrial/business structures were later developed. In 1985, an additional 12.4 acres were platted and a majority of that plat is occupied by the Minikahda Warehouse storage facility. The 12.4 acre portion lies adjacent to and west of the Burlington Northern main rail line. Both the first and second phase of the Great Northern Industrial Center development required a two acre minimum lot size. The placement of roads and lot dimension requirement of adjacent industrial properties caused Lot 2 to be reduced to a substandard dimension. **Stipulation** A new survey shall be prepared showinq the correct site confiquration of Lots 1 and 2, Block l0, Great Northern Industrial Center. **Stipulation** The lot split shall be recorded with the Anoka County Recorder�s Office prior to � issuance of a buildinq permit for either Lot 1 or Lot 2, Block 10, Great Northern Industrial Center. **Stipulation** The cost of any modifications to the utilities related to this reconfiquration shall be the sole expense of the property owner or successor for both Lots 1 and 2, Block 10, Great Northern Industrial Center. **Stipulation** Park dedication fees shall be paid at a rate of $.023 per square foot of land. Dedication fees shall be paid at the time of buildinq permit issuance for each of Lots 1 and 2, Block l0, Great Northern Industrial Center. RECOMMENDATION/STIPULATION3: Staff recommends approval of the lot split/reconfiguration of Lots 1 and 2, Block 10, Great Northern Industrial Center with the following stipulations: 11Y Staff Report L.S. #94-07, by Plunkett's Pest Control Page 3 1. All building and site design standards shall meet or exceed the code requirements of the M-2 zoning district. 2. A new survey shall be prepared showing the correct site configuration of Lots 1 and 2, Block 10, Great Northern Industrial Center. 3. The lot spZit shall be recorded with the Anoka County Recorder's Office prior to issuance of a building permit for either Lot 1 or Lot 2, Block 10, Great Northern Industrial Center. 4. The cost of any modifications to the utilities related to this reconfiguration shall be the sole expense of the property owner or successor for both Lots 1 and 2, Block 10, Great Northern Industrial Center. 5. Park dedication fees shall be paid at a rate of $.023 per square foot of land. Dedication fees shall be paid at the time of building permit issuance for each of Lots 1 and 2, Block 10, Great Northern Industrial Center. PLANNING COMMI38ION RECOMMENDATION The Planning Commission unanimous2y concurred with staff's recommendation. CITY COIINCIL RECOMMENDATION Staff recommends that the City Council concur with the Planning Commission recommendation. 11Z CB COMMERCIAL REAL ESTATE GROUP. INC. BROKERAGEAND MANAGEMENT BROKERAGESERVICES LICEVSED REAL ESTATE BROKER October 5, 1994 Ms. Barbara Dacy Community Development Director CITY OF FRIDLEY 6432 University Avenue Fridley, MN 55432 RE: Pxo�cTTVE Covnvarrrs G�AT Nox�xx Irmus�L CErrrEx Dear Barbara: ��� COMMERCIAL Local Perspective Worldwide FOU�iDED 1906 Enclosed is a copy of the Declaration of Protective Covenants and a subsequent Amendment for the Great Northern Industrial Center park. Per our discussion, it appears that Plunkett's may not be able to build a facility in the park due to the two acre minimum requirement described in Section 11 of this document. As I understand it, our opdons are to increase the size of the project to two acres or obtain consent from the owners of at least 6090 of the land in the park. The Plunkett's aze not willing to purchase additional land and we are not sure that we actually have a 4+ acre pazcel to work with. Also, I am not confident that a petition to the owners of 60% of the acreage would be successful. Barbara, we would appreciate any suggestions or insight you may have. Sincerely, �.�.. Joh M. Ryden Associate (612) 924-4641 �bLOZS.�� Enclosure 11AA 7760 f�it,wc�i�: ��vi�:.��� r: S�n ��rri. Si�rrr�: 7�0. Minur:nr�>i.i5. ti1i,v,�;t.s�rr� >S-i.•S-i3ti3 f � �� i> y" Ci�'Y +CODE R�{�UfRE11ll�NTS E. Nuclear processing or storage facilities. F. Gas fired foundries. G. Asbestos manufacturing facilities. H. Trucking Terminals (Ref. Ord. 995) I. Uses whose principal operation requires the outdoor storage o£ raaterials, motor vehicles, or equipment, including the outdoor manipulation of said materials, motor vehicles, or equipment. (Ref. Ord. 995) 3. LOT REQUZREMENTS AND SETBACKS A. Lot Area. A lot area of not less than one and one-half (I-1/2) acre is required for one (1) main building. B. Lot Width. A lot width of 150 feet is required at the required front setback. C. Lot Coverage. (Ref. Ord. 951) (1) The maximum percent of the area of a lot alZowed to be covered by the main building and all accessory buildings is as follows: (a} One (1) Story - forty percent (40�) masimum; fifty percent (SO$) with a special use permit as provided in (4) below. � � - (b) .Two...(2) Sto_rX - .thirty.-£ive� percent (3�$) maximum; � tourty-£ive• percent ;(4b$� wi�h .a�-.special.use� pe��nit .as provided in (4) below. �c) Three (3) Story - thirty percent �(30$). maYimum; fourty percent (.40$) with a special use per�it:as pravided in (4) below. ` (d) Four (4) Story - twenty-five percent (25�) matimum; thirty-�ive percent (35�) with a special use permit in (4) below. (e) Five (5) Story - twenty percent.(20$) maximum; thirty percent (30$) with a special use permit as provided in (4) below. � (f) Six (G) Story - fiEteen percent (15�) matit::um; t:.�.lty- five percent ("I.S�) with a special use permit in (4) beLow. �; .18.03. LOT REQUIREMEIVTS AND SETBACKS k (2) The above 1ot coverage will be subject to o�her � � co�nsiderations includin� partcing and opere space requireraents, use of £acilities, �and pro:cimity to other districts, wtiicti may decrease the maximum lot coverage. 6/92 1 1 BB ?OS.M2-5 ��� �.� : ' •+' ��������� � i ��������� ^ �' / DECLARATZON OF PROTECTIVE COVENANTS This Declaration, made and entered into as of the O�:tober , 1969, bY C::�AT NORTIiERN RAII+WAY 8th day of C��p,tyy, a Minnesota corporation, hereinaftez called "Great"� Northern": y4ITNESSETH THAT, WHEREAS: A, Great Northern is the owner of land called GREAT NORTFiERN INDUSTRxAI' ��`TE� ' FRIDLEY, situate in the County of Anoka, Stnte of Minnesota, described as follows: Lots 1 through ° inclusive, Block l; Lots 1 through 4 inclusive, BlocY. 2; Lot 1, Block 3; Lot 1. Block 4; Lot l, B1ocY, 5; Lots 1 through 4 inclusive, 91ock 6; I.ots 1 through 6 inc2ua�de3, Block 7; Lots 1 and 2, Block 8; Lots l, Block 9; Lots 1, 2 and 3, Block l0; Lota 1, 2 and 3. Block 11, Outlots A through Z inclusive and Outlots AA thrcugh 00 inclusive, all in GREAT NORTHERN ZNDUSTP.IAL CE2�TER - FRIDLEY� according to the plat thereof on file and of record in the Office of t jnnesotarar of Titles, in and for Anoka County, g. Gzent Nozthern is desirous of subjecting GREAT NORTF�RN ZNDUSTRZAL CEt2TER - FA2DLEY, excent Lot lr B1oCk 3, thereof, to the protective covenants hereinafter set forth: NOW TF�REFORE� �reat horthern, for itself, its auccessors and aaaiqii8, hereby declares GREAT NORTF�RN INDUSTRZA�' C�TER � FRIDLEY, hezeinafter in this Declaration called "CENTER", except Lot 1� Block 3, thereof, is and shall be held, transferred, aold� conveyed and occupied subject to the protective covenants hereinafter aet forth: SECTIOi3 I purvose ��E�Fg" is subjected to these orotective covenants for the purpoae of encouraging the most appropriate use of the land within "CENTER , p�eventing the overcrowdinq of land, preserving and increasing„the amenities of the azea, encouraging the erection of attractive improvenents thereon, maintaining prover set-backs 11 CC :. •t. .ti �.I � I - �� � � � � I � ( � I y i � ; . .. . : � ���� •4 O -' i - lrom tha streets, asid in qeneral providing adequately :or the high type and quality isaprovement of °CENTER". SECTION II Buildinq Site The term "buildin aite" as used in this Declaration shall be daemed to mean a tract of land within "CENTER" havina not less tw a rea of land area and exce t for Lot 1 Bloc:k 1 of �aid lat, not less than 150 feet of fron:age on a public street (whether such blic street is dedicated or is dedicated in the future). No building or other structure (exclusive of streets, curbs, gutters, rail"road trackage, utility lines, siqns as set forth hezein in Section IZI, and appurtenances thereto) shall be permitted in "CF::"ER" other than on a building site. No private easement for roadway, street or driveway purposes shall be granted ovez Outlots A, C, D, E� F. G� H� 2� T� U� V� W. X� Y� aT�d 2 inclusive, 3I1C� OL1tiOt8 AA� BH � CC � EE � F'F' ► GG � Hfi � II � SJ � and KK iAClusive � which prov { de the sole means of access to any building site or any other tract of land within "CENTER", except those gzanted cr dedicated to a public body, such as a municipal corporation or political subdivision. S�CTION III General Restrictions A. USES: Al1 building aites are to be used primarily for manufncturinq, compounding, treatment, assemblinq, processing, packaqinq, wholesnlinq, jobbing, wnrehousinq, distribution, storaqe, or business of a similar naturer nnd no portion o: anY building site shall be used for any of the followinq uses: (1) Dwellinqs, motels, hotels, nursing homes, boardinq house�, apa=tn►ent butldinqs, town- houses, mobile homea, trailers or residences of a aimilar nature; provided, however, reaidential uses necessary for opezating. 11DD �� � ! • 1 � � � � � .� i: •�,•. 1 'i . �. �. <. • � ` :! : i ' � L C t � I , �;, �j " �, I � �� J i � I I I :; � i �r � i i' i i a �. '•�y•�'�. t• • , (2) (3) (4) - 3 - security or eafety re..tisons in relation to a principal use shall be allowed within a buildinq site. Retail places of business engaqed in the. �ale to ehe qenaral public of motor fuel�, auta�otive acc�saories, iood, liquor or beverages of any sort, entertainment, automotive os truck main' tanance or repair, and businasses of a similar nature; provided, howe•�er, in-plant services of such similar natu�� are permitted on a building site, when such services are required in the operation and maintenance of a principal use on said building site. Signs which direct attention, carry any written announcement, declaration, demonstration, dispiny, illustzation, insignia or illumination used to advertise, promote or direct attention to a business, co�nodity, service, or �ocation not exclusively related to "CENTER"; provided, however, siqns directing attention to the location of a business within "CENTER" or advertisinq the sale or lease of real esta�= within "CErTER" shall not be subject to the restrictions of this subparagraph (3). Signs attached to a building �rhich extend above the eave line of such building; signs all or any part of which are within the boundary of a public street (whether such public street is dedicated or is dedicated in the future); signs not on a buildinq site; signs in excess of 100 square feet of total illustrated surface area per 43,560 square feet of .:i � 1 �1 E� � : .. � � � � ;� , }::� .. . . �* .Y , � �� �� �; � 't � �5 I I � I � �;. i �, � I �.. I 4 � 4 :` • � i � �" I � i � � l I L - 4 - 0 building site area; siqas in exceaa of 40 feet above the average center line grade of the adjacent public atreet nearest to 4ay�j s�qnj provided, :.owever, :.:qna dizecting attentioa to the location of a busineaa within "CENTER", or adverZ3siag the sale or lease of real estate within "CE�tTER", shall not be required to be located on a buildinq site, ar.d such signs shall not be subject to the hereinbefore stated size limitation, and such signs ehall not be used in computinq surface area when determininq the area o: illustrated surfacing allowed on n buildiny site. B. SET-BACX REQUTAEMEhTS� No buildinq or other struc- ture or object (exclusive of streets, cuzb, gutters, access dziva- ways, sidewalks, screening walls and architectural :-•:=tures; fencee, landscaping, railroad tracics, utility 2ines and agpurten- aaces thereto) shall be permitted in "CEA�TER" nearer than: (1) 35 feet from the front exterior boundary line of a bui2dina site fronting on a public street (whether such public street is dedieated oz is dedicated in the future). (2) 20 feet from any side or rear exterior boundary line of a building site. Except that a buildinq or structure may be located within said 20 feet if the adjacent tract or parcel of land is utilized foz zailroad trackaqe and said building or str. �ure is designed to allow loadinq, un- loading and similar services r�o�ally provfded from railroad trackage. �s �. r � —�ae�m� i � � - 5 - The area between the perimeter of a building site and any building or stru�:ture located thereon shall be used for lan6scaping, walks, accesa driveways, loadinq araaa, or ,;rkinq areas; provided, hoY��er. no driveway parallcl to an extarior boundary line, parking azea, or loading area shall be permitted nearer than: (3) 35 feet from the fzont exterior boundary line of a buildinq site fronting on a public street (whether such public street is dedicated or is dedicated in the future). (41 Five (5) feet from any side or rear exterior bound- ary line of a building site. Except that a loading area may be iocated �:ithin the said five feet if the adjacent tract or parcel of land is utilized for railroad trackage and said loadinq area is designe� to ellow loading, unloading and similar aervices normally pzovided from railr��.: tracl:aqe. Except that driveways parallel to an exterior boundary line, loadina nreas, and parking areas may be locnted within said five feet if u�cd in cor�anon and in conjunction with an adjoinin4 build- inq sitc. C. PARKZNG AND APPURTENANT riANEWERZNG AREAS: From and after the date that a building is constructed on n build- ing site, the owner from time to time of such buildinq site shall maintain adequate and sufficient off-street parking and maneuver- ing areaa thereon to serve the needs of such building site and the neede of all employees, visitors, invitees or customers of such owner, takinq intc .ccount the stzuctures, building or build- ings located or to be located thereon and the use made or to be made thereof. Said owner ahnll construct and maintain at all times Buch I ; i ; � ; r i. . '... .��. .�� � ., ' f. ; � ; � � I . F: �. s" y � j = 6 - parkinq areas. n�aneuvering areas and drives surfaced With asphalt, conczete or other means Bo as to provide a firm and du:t-fzee surface. If visible from an adj�cent public street (whether such public street :.s dedicated at the time of :.,nstruction or is d�dicated thereafter), said owner shall screen aaid pazkiaq and maneuvering areas with an architectutal feature, wal1, fence or landscape plantinq not less than three feet in height and not lnss than 50 per cent opaque- D. LOADING DOCKS 1�ND MANEUVERING AREAS: From and after the date that a buildinq is constructed on a buildinq aite, the owner from time to time of such buildinq site shall provide ade- quate loadinq facilities thereon to serve the needs of such Duildinq site, takino into account the building oz bu��dinqs located or to be located thereon and the use made or to be made thereof. Said owner shall further provide such loading facilities and maneuvering areas in such manner, form and extent on the build- inq site so as to insure so far as possible the*. .•.o loadiaq, un- loadinq or maneuvering of motor vehiclea takes place on a public street or on an adjoining tract or parcel of 2and occupied by railroad trackage. Said owner shall constzuct and. maintain at all times such loadinq and maneuvering azeas surfaced with asphalt, concrete or other means so as to provide a firm and dust-free surface. Zf visible from an adjacent public street (whether such publfc street is dedicated at the time of cons�ruction or is dedicnted thereafter), said owner shall screen said loading docks and maneuvering areas with an architectural feature, wall, fence or landscape planting not 2ess than six feet in height and not less than I00 per cent opaque the year around. E. oUT�_`E STORAGE: All building Bites are to be use3 primarily for the construction of structurea or buildings aad their appurtenances; however, the storage of personal property other than railroad equipment or transportation vehicles shall be allowed in : :. -� �- � 1 �1 �HH - . . . . _ . - - . l � � t � � __,.___�._ - � - N��gg° provided the foll�w+in8 minimum requirementa are met: (1) Such storage areas shall be surfaced by a means praviding a firm and dust-free aurface. (2) Such storage areas shall be s�T•ened fzom view i�rom anY adjoiaing building site and irom any public street (whether such puhlic atreet ia dedic�sted nt the time of constzuction or ls dedicated thereafter) by a building, structure or architectLral feature, wall, fence or land- scape plan:ing not less than eight feet in heioht and not less than 100 per cent opaque the yeaz azound. (3a Such atoraqe areas shall conform with the "roat •et-back zequirements for buildings or other structures a� established hereinbefore in Para- qraph B(1) of this Secticn IIZ- F. CONSTRUCTION: The outside walls of *ny and all buildinqs or structurea �zected or constructed on a building site shall bo of fizeproof matezial and all such outside walls fronting on a public street shall be tzeated as an architectural surface with approprinte decorative :eatures compatible with adjacent buildings or atructures within "CRNTER". �, pERFORMANCE STAtdDARDS: For the purpose of develop- ing a compatible relationship of uses within "CEh'TER", the follow- ing minimum standazds shall apply and shall be met by all uses on bu�lding sites within said prenises: (1) hoise: Any use established shall be so operated so that noise resulting from said use is generally not perceptible beyond the extezior boundazies of the building site on which such use is located. This standard shall not apply to incidental traffic, parking, loading, unloading, railroad { : .� � � �� I 1. � � ` : ' � `. � � � � `i �1 ' � I � � 3 � : t , : i� I ► , � :� � „ i� i; (: , �. i: 1 +: � � i � i � I. . . � � (2) (3) (4) (5 =e-• operatioas. con�truction, or maintenance cperations. Smoke and Particulatc Matter: Any use satab- lished, enlarged or remodeled shall be so operated as to control thc emission oi amoke or particulate matter to the degree that it is not qenarally detrimental to or shall endar►ger the health, safety, comfort or general welfare of Lhe public. For the purpose of grading t�e�deasity of amoke, the Ringelmann Chart or equivalent published and used by the United States Buzeau of Mines shall be employed. The emission of smoke shall not be of a denBity greater than No. 2 on the RinqeLnann Chart. Toxic or Noxious Matter: Any use established shall be so opezated as not to qenerally discharqe across the exterior boundaries of the building site or through percolation into the �ubsoil beyond the exterioz boundaries of the building site wherein such use is located, toxic or n�xious matter in such concentration as to be generally detrimental to or endanqer the public health, safety, comfort or welfare or cause injuzy or damaqe to property or business. Odors and Aiz Pollution: Any use established, en- lazqed or remodeled shall be operated so as to qenerally prevent the emission of odors or matter which is of auch quality and quantity as to be readily detectal�le at any point bcyond the exterior boundary line of tiia buildinq site on which auch use is located. ) Vibration: Generally nny use creating periodic earth- shnking vibrations, such as mey be created � 11 JJ � 9 � ` c � �� . f?, �� � �.. , i I i � ! �� � 0 (6) (7) = 9 • irom a drop forqe, slall be prohibited ii such vibrations aze perceptible beyond the nxtezior boundary line of the iuildinq site on which the use is located. Thia stand�rd shall not apply to vibrations created during the process of construction or vibrationa of any type incident to railway operationa. Glare or Heat: Any use requiring an operation producing an intense i:_at or light trans- misaion shall be performed with the necessazy shieldinq to prevent such heat or liqht from beina detectable at the exterior boundary line of the buildinq site on which the use is located. Lightinq, other than illumination for atreet, parkinq area, loadinq area, walk, dziveway, and railway signals shall be diffused or directed away from dedicnted public streets Radiation and Electrical Emissions: No activ- itiea shall be permitted that emit dangerous rndioactivity beyond enclosed areas. There shall be no use established which creates electrical disturbance adversely affectin.a the operation of any equipment in "CENTER" other than that of the creator of the disturbance. SECTION IV LI23DERGROUND UTZLITIES Zt is the intent and purpose of "CEPITER", in keepinq with the general plan for the development thereof, to have a sub- stantial part of the electric p��er distribution lines, qas �ains, taleph�ne and communication lines, hereinafter referred to as underqround utilities, placed underqround. � _ _.�� 11 KK :� s , � � ,, �� �:� �; , r t� n �' �� : 'a • � � t ��!. i�. �' � � 7 f 1 i � � tt.. �t i�---' �� �' . . .. � • . '� • � _ •1Q - (1) Easements, pe�►it$ °= li•:enses for such underaround utilities have been gzanted on the plat of "CE27TER" or will hnre- attar be granted. �2� "CENTER". and �y buildinq or stzucture located theraon, shall be ser�iced by said underground utilitiea and by suCh facilities which shall be located above, on or beneath the grouad surface appurtenant to said underground utilities as are necesaazy or convenien= for the operation or maintenance of aaid undcrground utilities. Aboveqround qas mains, electrical, telephone and com- muaication service facilities, poles, wires and appurtenances may be tem�orarily installed on the qround surface or overhead durinq construction or during repair of said respective underqround utility systems. (3) No excavationa, except for underqround utilities, no chanqes of finished grade, and no structures or app�atus of any kind, except line fences, shall be allowed within said underground utility easements of "CENTER". No dsiveway or other areas shall be paved until the property owner has coordinated this wo�k with the appropriate utility company involved and said utility company has qiven property owner written notice that this work and the axistence of the driveway or other paved �rea will not interfere with the reapective underqround utility. Except as �*.'ovided herein, thn ar�mers shall have the riqht to make any use of the land subject to such easements which is not inconsistent with the riqhts qranted for said underqround utilities; provided, however, that the owners shall not plant trees or large shrubs within the underground utility easements. Utility companies shall have the right, without incurring any liability to the property owner for doing so, to trim� cut, or rea►ove trees, bushes, or other plants of anY kind located within said underground utility easements, and shall a:so have the right to trim roots and foliage of any trees, bushes, or other Plants, �w � : - -. °- , : :,,,�,;. , . . ..,, .�` -i �` � -- . — -. -. .. , � . : r � ., d .z �: :} � 1 �' �� -'� ' #i } s ; f, �, r� .` I 3 :�:, r � I i I � I � i - 1 - Whether within or Mithout said u��derqround easements, r►hich ia the opinion of Utility Companies may interfere with ths facilities located within �aid underground utility easements or with the installation, rniastallation, modification, repair, rtaintenance, or r�moval thareof. (4) The qrade established by "CENTER" in accordance with local governmental regulations at the time the respective Utility Compa�y places its underground facility in sa3d easementa shall be considerad the final or finished Rrade. No property owner shall make any change in auch grade in or near said easements or alter any qround conditiona, includinq drainage, when the change in qrade or alteration of qround conditions, in the opinion of the respec- tive Utility Company, interferes with the facilities alzeady installed. (5} Property owners shall pay to the respective Utility Company the cost of relocation or rearrangement of utility equip- ment where, in the opinion of said Utility, such relocation or rearrangement is made necessary because of a violation by the prop- erty owner of any of the foreqoinq restrictions pertaininq to unntrqround utility inatallationa. (5) Notwithstanding any provisions of Paragraphs (1) throagh (5) of this Section SV to the contrary• Great Northern Railway Company, for itself, its successozs and assigns, and for any other railroad comunny admitted to use of trackaqe in "CENTEF", hereby specifically re9erves the right to construct, maintain, operate and use railwny trackage and buildings or othez structures for railway purposea upon the said undezgzound utility easements, and reserves the riqht to construct, maintain and use or to permit to be conetructed, maintained and used by others any existinq or additional pipe, telegraph, telephone or powez transmission lines upon, over or beneath the safd underground utility easementa, and 11 MM' . . . _ . . ! �� � � �• ' � � , ; i' `; 1 �' i i � � .�-, � � i � x 1 l ; � � t F . y. � I � � � E i •• 12 - resezves the right to iaake any changes in qrade or location of its railway or any of its tracks or to rearrange its station facilitiea, o= to use said underground utility easements or any part thereof for railway purposes. Any and all utilities snal' :,e placed over or under Itailway Company trackage in accordance with Aailway Company plans an� specifications. Si:CTTON V Enforcement These protective covenants shall operate as covenaats runninq with the land and shall be enforceable by each and every owner of a buildinq site or by Great P�orthern, either in law or in equity, and such owner or owners or Great Northern shall have •.he right to sue for and obtain (a) an injunction, prohibitive or mandatory, to prevent the breach of, or to enforce the performance or observance of, these protective covenants or (b) a money jud,q- ment for damages by reason of a breacn of these protective cove- nants, or (c) both (a) and (b). SECTZON VI Duration of These Protective Covenants These protective covenants shall be binding upon and shall inure to the benefit of Great i�orthern, its successors and assiqns, to and including 30 years from date, at which time the same shall terminate and be of no further force and ef_`ect. SECTZOh VZI t4odification and Extension This Declaration and the protective covenants herein con- tained may be amended in any respect, or terminated, at any time and from time to time by written agzeement duly filed for registrhtion 11NN � i � . �; �}. i • � ' ;. � ,� .� , I i � � i , �. �:. r,. :� � f I 1 <: ! � : �: i � i ;� '� I', �. _ .�r s. .. . -_+..�. - 13 - in the Office of the Registrar os �itles for Anoka County, Minnesota, and du�y e�cecuted in recordeble form by persons, partnerships, cor- porations, and other entities who, in the nqqzeqate, are on the date of filinq, the ::.cord holdera of leqal titl� tc at least sixty (60) per cent of the lar.d acreaqe in "CENT�R" exclusiVe of stzeets and other public lands, if any. SECTION VIIZ �ev_erabili� Invalidation o� any of the provisions of these protective Covenants whether by CourC Order or otherwise shall in no way affect any of the other provisions which shall remain in full force and effect. SECTI01� IX Ca�tions The captions, appeazing in these protective covenants, are insezted only as a matter of convenience and ir. no way define, limit, construe or describe the scope or intent of these protective covenants nor in any way modify er affect the same. IN TESTIMONY WHER�:OF, Great Northern Railway CompanY has causcd this instrument to be executed i:i its cosporate name by its Presioent and its _ Assistant Secretary and its corporate seal to be hereto affixed the day and year first hezeinabove wzitten. ItJ PRESENCE OF : �l�G4�� J =F �� — ������� GREAT NOR�IERi1 RAILWIY CO�1P11I�'Y By: / � � - Presi ent G' . Attest: � � 'l�'�� ti.� s�c.aes�;; ;•�l.' •" �� w •�, .. . �C ``c `;• .ii (CORPOR�'I'E� �:�1.)• .w� .�;•, � ��� •j��. 7�. ... • • . 1. )�l�. ��' � . .- . . _ .'.i'^ . .`c— ... ._ !r 'L-�r.R+'.�/l�wr: ' �..�_ - . . . • .� . , � . - 14 - STATE OF MItJNESOTA) ) ss COUhTY OF FiA.�1SEY ) October _____, 1969, before On this 8th day of ___________.___ me, a Notary Public, within and for said County personally appeared and G. F. Steinhibel________ to me J. t•t. Budd ------------------ personally known, r:ho, beinq eacli by me duly sworn diC say that they are respectively the ______ pregident and Assistant SecretazY of GREAT NORTtiERN RAILWAY COfiPA2.Y, the corporation named in the turegoinq instrument, and that the seal affixed to said instrument is the corporate seal of said corporation and tliat said instrument was signed and sealed in bchalf of said corporation by authority of its Board of Directors and sr:' ----- = _ 1�1._ Dudd ----------- and ---- � = F _ Steinhibel ------------ acknowledged said iastrumenL to be the free act and deed of �said�='"�•.�• ., • . corporation. .. �� -- �. �� � _ _ _ �_ :, ------------- � .. � . 0. X. 1110KOPP. NoUry �blle, Itamsqr Counry. Mlnn. ���� � Mr Commlaflon fs91n� Ayn1 22, 1f71 .s.,��..� _. 11 PP . P I HL•F.FBY C�.+'?'T:''I'i'=iA'f T"E TAXES F�,-'rrLv Ii:' - `;;:. i�/�C�i•! 7i:5 L,i.JS D:.::C.'::,:l::�'.,"f+t1N h}t� Pl,1D hnol:n Cr '.y Treos:sce: TA,X E S.,�`A l D3� / , .� - ��� � �• . � ". Cl, 1l �:,.,y'J�1 G.. • !r �.r�JYa .. '�%" :;� .. .�.�t�- �' `>> k`�"✓�� � : 3 �.�. � � . � �: � �� � ; ; I ' � �� � s f 0 i. � � � , � i � L.S. ��94-07 Plunkett's Pest Control 52ND WAY ` ' Z1AN � N �Q SITE PLAN (��� m At SCAIE: 1" = 20'0" 0 10' 20' 40' w 11QQ SITE PLAN - L.S. ��94-07 Plunkett's Pest Control � N//2 SEC. 27, T. 30, IQ 2 4 j cirr OF FR/OLEY 2� ; h � �/ r° . �, 2 W � ,,, � � . �-� �2 / �� + g N iN CORNEN � � Z i� ~ � J ___._ _" 1_ � � SEC.17 � � , '�f � % 1f� r � � �� / .I . __ --- . . .... —_--'�, hU� , l ' ,, _ �r � . � �,° i � � : GREAT � �� OUTI.OT 0-D •� V�' ; � � ,� i ,��' ;�'�� ' NORTH£RN ; •��. � v `� +, . 4 � i•, � .� . ~ �. -� _ ° • � � ` O Q ,.._ Q . �,f: , . r 6 ,�; , ,� 9 < i �,� i O : . r \� � : Ur�ol ,�: �. cur�or [[�•1 , �f. -j� '17 / / / �_ '�� ' T 0�.",JT �.1 ' '. . 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'� � \ f```\\ �`\ m4� 4s�v II � �� � �`�$�w� � ~l 1• w I Z \ `�1 : opj•-� �, � II ` , \, I /.} ) � �` � � � � \� \ { � /� .�• � l \ a� � �' i �' 1 / / O � � \`t `, , — � �GTtt=l ' I �`;, �Y , � �r . ` \ '"'Y� � n- CEN7ER � _ __ —' ,�._" ' y Iw-- . -���.'� �-,....i SEG 27 '� . � � . � ��\ • � m- ...,.�e . ............ �_ � 24 � l3 `\ —'% 11 UU �,:�� 14 r, 3 .v a ,vwr. ca 9 AC _. _ I �"; � a C[TY OF FRIDLEY p 6431 UNIVERSITY AVENUE N.E. FR�DLEY, MN 55432 (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT LOT SPLIT APPLICATIUN FORM PROPERTY INFORMATION - site plan required for submittal; see attached Address: 52nd Wa Property Identification Number (PIN) 27~30-24-12-0013 and -0014 Legal description: Lots 1 and 2, Block 10, Great Northern Industrial Center Lot Block TracdAddidon . Currentzoning: I-2 Squazefootage/acreage 177,290/4.07 Ac. Reason for lot split: �ot 2 is currently only ]..69 acres and needs an addition of .31 acres to meet park covenants. Have you operated a business in a city which required a business license? Yes X No If yes, which city? Minneapolis If yes, what type of business? Pest control Was that license ever denied or revoked? Yes No X FEE OWNER INFORMATION (as it appears on the property title) (Contract Purchasers: Fee Owners must sign this form prior to processing) NAME Trillium Corporation - Pentas ADDRESS 1307 Cornwall, Suite 200 lingham, wA 98225 DAYTIMEPHONE (2�6) 738-3�50 SIGNAT � , —t= _ �.� �.. t, -t� pATEf l:: ��4% I `Yi � ( _ �- _ � {" ���i� - (�c ti '� �. , , �`F 'ie - �i.�. � � �. �-� PETITIONER INFORMATION NAME Plunkett's Pest Control ADDRESS 2828-11th Avenue South Minneapolis, MN 55407 DAYTIMEPHONE (612) 871-7100 SIGNATURE � �; ��c� i,,: DATE i o ` ti/ Fee: $250.00 v � Permit L.S. # � �1 ' �-� 1 Receipt # `� � 3 ! Application received by: Scheduled Planning Commission date: � 3� L Scheduled City Council date: 11vv PLANNING COMMISSION MEETING, NOVEMBER 30, 1994 PAGE 4 MOTION by Mr. Oquist, seconded by Mr. Saba, to recommend approval of Special Use Permit, SP #94-17, to allow construc ' n of a kitchen expansion and repair of an existing dwellin n the flood fringe district, on Lots 22, 23, and 24, Bl P, Riverview Heights, generally located at 8245 Riverview T ace N.E., with the following stipulations: 1. The petitioner shall submit an el ation certificate verifying the first floor elevation of e dwelling and the breezeway. 2. The petitioner shall ex te and record against the property a hold harmless agree nt releasing the City from liability. 3. The petitioner s 1 grant a 15-foot flood control, street and utility easem t along the west property line. UPON A VOIC OTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR DECLARED T MOTION CARRIED IINANIM�USLY. Ms. M erson stated the City Council would consider this request on ecember 19. 2. CONSIDERATION OF A LOT SPLIT, L.S. #94-07, BY PLUNKETT'S PEST CONTROL: To redefine Lots 1 and 2, Block 10, Great Northern Industrial Center by moving the joint property line 39 feet east of its current location. The legal descriptions for the two lots will be as follows: Parcel A: Lot 2 and the West 39 feet of Lot 1, Block 10, Great Northern Industrial Center-Fridley, according to the recorded plat thereof, Anoka County, Minnesota. Parcel B: Outlot JJ, Outlot II, and that part of Lot 1, Block 10, lying east of the West 39 feet thereof, Great Northern Industrial Center-Fridley, according to the recorded plat thereof, Anoka County, Minnesota. This property is generally located south of 52nd Way and west of the Burlington Northern railroad tracks. Mr. Hickok stated the request is for a reconfiguration of two existing lots within the Great Northern Industrial Park development area. Plunkett's Pest Control is interested in a. site east of Industrial Boulevard and south of 52nd Way. The original development was platted in 1968. As a stipulation of the development, two-acre minimum lot sizes were required. Over the course of time, properties have developed surrounding this lot and resulted in a lot less than two acres or 1.69 acres. Plunkett's Pest Control happened upon this as they prepared to develop the site. They are proposing a 12,000 square foot building, 30 parking 11WW _� pLANNING COMMISSION MEETING, NOVEMBER 30, 1994 PAGE 5 stalls, and outdoor screened storage area. The solution to this is. a reconEiguration of the lots that would move the lot line 39 feet east. This would allow the proposed site to have the two-acre minimum and still allow the remaining lot to meet the two-acre minimum for this development. The zoning code requires 1.5 acres so this request relates to the covenants in that development. Mr. Hickok stated staff recommends approval of the Lot Split request with the following stipulations: 1. All building and site design standards shall meet or exceed the code requirements of the M-2 zoning district. 2. A new survey shall be prepared showing the correct site configuration of Lots 1 and 2, Block 10, Great Northern Industrial Center. 3. The Iot split shall be recorded with the Anoka County Recorder's Office prior to issuance of a building permit for either Lot 2 or Lot 2, Block 10, Great Northern Industrial Center. , 4. The cost of any modifications to the utilities related to this reconfiguration shall be the sole expense of the property owner or successor for both Lots 1 and 2, Block 10, Great ` Northern Industrial Center. 5. Park dedication fees shall be paid at a rate of $.023 per square foot of Zand. Dedication fees shall be paid at the time of building permit issuance for each of Lots 1 and 2, Block Z0, Great Northern Industrial Center. Mr. Oquist asked to clarify that the ordinance is 1.5 acres but the covenants for this development are 2 acres. Otherwise, the development complies with the ordinance. Mr. Hickok stated this was correct. Mr. O'Reilly, President of Plunkett's Pest Control, stated their company will be SO years old next year. The company is a family p�•�ned business. His father bought tne business from the Plunkett's in the 2920's. His father ran the company until 1968, and he has run the company since then. They have four addresses within the City of Minneapolis and are now looking forward to moving to this site due security concerns where they are now located. Plunkett's is a pest control service company with employees throughout the state and also in neighboring states. The pesticides they handle are very similar to those available in hardware stores. Mr. Sielaff asked if pesticides would be stored in the proposed building. 11 XX PLANNING COMMISSION MEETING. NOVEMBER 30, 1994 PAGE 6 Mr. O'Reilly stated yes, but the supply is not very great. Their supplier has overnight freight so they can keep their supply low for economic reasons and reduce the fire hazard. Once in a while, they will stock an item. Mr. Oquist asked if this location would be their main and only building. Mr, O'Riley stated this would be the place they would do office work. They have little service sites around the state, but this is the only place that is staffed during the day. The main function at this site is to be office work. Mr. Kondrick asked if the petitioner understood the stipulations. Mr. O'Reilly stated he had understood the stipulations and concurred. Mr. Sielaff asked if a Phase I needed to be done for a site evaluation. There has been contamination in this area. . Mr. Hickok stated a Phase I is not done as a standard practice for a site such as this or in this area. Ms. McPherson stated it is not a code requirement of the City that a Phase I environmental audit be completed. Typically, it is standard practice by banks and mortgage companies to have a Phase I audit. Mr. Ryden stated he had a question pertaining to the stipulation requiring a survey. He believed the survey they provided showed a small piece just to the east which makes the site 4.33 acres rather than 4.07 acres. Is staff looking for a new survey? Mr. Hickok stated they are asking for a boundary survey showing the parcels as they have been newly created. Mr. Ryden stated he was surprised by the covenants. The lot split will allow them to sell the property and hoped the Commission would recommend approval. MOTION by Mr. Sielaff, saconded by Ms. Modig, to recommend approval of Lot Split Request, L.S. n94-07, by Plunkett's Pest Control, to redefine Lots 1 and 2, Block 10, Great Northern Industrial Center by moving the joint property line 39 feet east of its current location. The legal descriptions for the two lots will be as follows: Parcel A: Lot 2 and the West 3� feet of Lot 1, Block 10, Great Northern Industrial Center-Fridley, according to the recorded plat thereof, Anoka County, Minnesota. 11 YY PLANNING COMMISSION MEETING, NOVEMBER 30 1994 PAGE 7 Parcel B: Outlot JJ, Outlot II, and that part of Lot 1, Block 10, lying east of the West 39 feet thereof, Great Northern Industrial Center-Fridley, according to the recorded plat thereof, Anoka County, Minnesota. This property is generally located south of 52nd Way and west of the Burlington Northern railroad tracks, with the following stipulations: l. All building and site design standards shall meet or exceed the code requirements of the M-2 zoning district. 2. A new survey shall be prepared showing the correct site configuration of Lots 1 and 2, Block 10, Great Northern Industrial Center. 3. The lot split shall be recorded with the Anoka County Recorder's Office prior to issuance of a building permit for either Lot 1 or Lot 2, Block 10, Great Northern Industrial Center. 4. The cost of any modifications to the utilities related to this reconfiguration shall be the sole expense of the property owner or successor for both Lots 1 and 2, Block 10, Great Northern Industrial Center. 5. Park dedication fees. shall be pai:d at a rate of $.023 per square foot of land. Dedication fees shall be paid at the time of building permit issuance for each of Lots 1 and 2, Block 10, Great Northern Industrial Center. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CiiAIRPERSON RONDRICR DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. McPherson stated the City Council would consider this request on December 19, 1994. 3. RECEIVE THE MII�iUTES OF THE HOUSING & REDEV?LOPMENT AUTHORITY MEETING OF OCTOBER 24, 1994 ���� MOTION by Mr. Saba, seconded by Mr. Oquist, t�-�ceive the Housing Redevelopment Authority minutes of Octo� �24, 1994. UPON A VOICE VOTE, ALL VOTING �YE, VICE-CHAIRPERSON RONDRICK DEC.LARED THE MOTTON CARRIED IMOUSLY. 4. RECEIVE THE MINUT OF THE HUMAN RESOURCES COMMISSION MEETING OF NOVEMBER 3 994 MOTION by M Oquist, seconded by Ms. Savage, to receive the Human Resourc Commission minutes of November 3, 1994. 11ZZ � _ � I Community Development Department PL�xx�NG D�SION City of Fridley DATE: December 15, 1994 TO: William Burns, City Manager ��. � FROM: SUBJECT: Barbara Dacy, Community Development Director Appointment of Members of Citizen Advisory Commission for Clean-Up Week I am pleased to present eight individuals for City Council appointment to the Citizen Advisory Committee for Clean-Up Week, 1995. The remaining member will be appointed by the Rotary Club the first week in ,7anuary (apparently, the Board did not have a quorum for the December meeting). The eight members are: Orqanization Environmental Quality & Energy Comm. Parks and Recreation Commission Kiwanis Club Lions Club Rotary Club Neighborhood Crime Watch Program Chamber of Commerce School District Member Dean Saba Susan Price Mary Bowen Clem Coverston (alternate) Scott Lund To be appointed Melvin Bolin Marvin Platt (alternate) Woody Nelson Duane Knealinq Committee Appointment December 15, 1994 Page 2 I hope to have the City Council officially appoint the representative from the Rotary Club at the January 9, 1995 City Council meeting. The first meeting is scheduled for Wednesday, January 11, 1995. Lonni McCauley and I have met several times to organize the agendas for the first three to four months. Lonni will be sending a report to me about her work to-date at the end af this week; I will forward it onto the City Council as soon as I receive it. RECOMMENDATION Staff recommends that the City Council approve the nominations for the Citizen Advisory Committee for Clean-Up Week, 1995. BD/ dw M-94-748 12A CITI88N ADVISORY COMMITTEl3 FOR CL13AN-IIP WEER. 1995 MEMBERS Organization Environmental Quality & Energy Comm. Parks and Recreation Commission Kiwanis Club Lions Club Rotary Club Neighborhood Crime Watch Program Chamber of Commerce School District 12B Member Dean Saba 6325 Van Buren Street NE Fridley, NIIJ 55432 Susan Price 7449 Melody Drive NE Fridley, MN 55432 Mary Bowen 5181 St. Moritz Drive NE Fridley, MN 55421 Clem Coverston (alternate) 1424 Creek Park Lane NE Fridley, I�T 55432 Scott Lund To be appointed Melvin Bolin 5460 Horizon Drive NE Fridley, PIIJ 55432 Marvin P2att (alternate) 1670 - 68th Avenue NE Fridley, MN 55432 Woody Nelson Onan Corporation 1400 - 73rd Avenue NE Fridley, MN 55432 Duane Knealing 6000 West Moore Lake Dr. Fridley, I�i 55432 � City of Fridley C3 Recreation & Natural Resource Department 6431 University Avenue NE, Fridley, Minnesota 55432 Phone # 612-572-3570 Fax # 612-571-1287 December 7, I994 TO: William W. Burns m� City Manager � FR: �A Jack Kirk .�I� Director CONTRIBUTION TO WOODCREST ELEMENTARY SCHOOL PLAYGROUND At last Monday's (December Sth) Parks & Recreation Commission meeting, the Commission passed a motion to provide a$2,000 contribution to Woodcrest Elementary to rebuild the playground equipment that was totally destroyed in the arson fire this past summer. The Woodcrest Elementary School equipment is used by neighborhood children and essentially serves a large area as a park site in our community. In recent years, the City ofFridley has contributed $4,000 each to Hayes Elementary School (District #14), Stevenson Elementary School (District #14), North Park Elementary School (District #13), and $2,000 to Woodcrest Elementary School (District #16). This additional $2,000 contribution to Woodcrest would equalize the contributions for playground equipment to each of the four elementary schools located in the City of Fridley at $4,000. The Parks & Recreation Commission discussed the Commons Park shelter that was recently completed and the fact that the project came in appraximately $10,000 under budget. It was their recommendation that the City find the $2,000 for the playground equipment contribution to Woodcrest from the balance remaining in the Commons Park shelter project. If you need additionat information, or would like to discuss this project in further detail, please let me know. JK: sj 13 JK94-136 / _ CITY OF ERIDLEY MEMORANDUM Municipai Center 6431 University Avenue N.E. F�idley, MN 55432 � � (612) 571-3450 TO: The Honorable Mayor and City Council FROM: William W. Bums, City Manager �� � DATE: December 15, 1994 Office of the City Manager Wiiliam W. Burns SUBJECT: Request from School District 13 for Cable Television Fund Money School District 13 has written us a letter asking to receive assistance for the purchase of a playback VCR, microphones and a copy VCR. The estimated cost of these items is $3,000. The payment of this amount is consistent with the direction of Council at the November 15, 1993, City Council meeting in which it was suggested that the allocation of the requested money to School District 13 be approved. VW1/B:rsc 14 i; o���, �, � ��o�. Columbia Heights Public Schools Independent School District #13, 1400 49th Avenue N.E., Columbia Heights, Minnesota 55421 Telephone: (612) 574-6505, FAX: (612) 5746541 Dr. Alain Iiolt, Superintendent Bill Burns, City Manager City of Fridley 6431 University Ave. NE Fridley, MN 55432 Dear Mr. Burns, November 28, 1994 I am writing on behalf of Columbia Heights School District 13 }o seek assistance from the City of Fridley to upgrade our educational channel. Bill Nee and Nancy Jorgenson told me that since some District 13 students live in Fridley, the Columbia Heights School District is eligible for some of the money the city � receives from the franchise agreement. Our current equipment for the educational channel was purchased in the early 1980s and is very outdated. The major problem is that the playback VCR is so old that it includes only the standard play option. This means that just two hours of any program can be shown on our educational channel. When programs — like school board meetings — run longer than two hours, we are unable to show the whole thing. The school district needs a new playback VCR with an extended play option so that we can show programs that run past two hours in their entirety. We are requesting $1,200 for this purpose. We could vastly improve our videotaping capabilities with a better sound system. For about $1,000 we would be able to purchase microphones that would make a big difference. In addition, we need to purchase a copying VCR. The current model is over five years old. A new VCR would allow us to improve the quality of tapes we copy — including the school board meetings that �ve send to Fridley to be shown on the cable channel. We estimate that �600-$800 would allow us to do this. We would appreciate youi• help in improving the quality of the educational cnannel in Coiumbia Heignts SCROOI L13tiI'1CL i3. ., �r � � � ��J �� r�� ,. ..�r-�.�� \; �- � � , � ! JJ'% j� � ; � y:� r �..,,,���,y.�._ , � ";f J G �=-� ,,, - rZ A�T p��� ` G J J , Siiicerely, �L �\..��.L�� ��f�� L'�.' ��V' ��--.�� Ruth Dunn, communications coorclinator cc: Alain Holt, superintendent Linda EI'I1St, media coordinator An Equal Opportunity Employer 14A FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 15. 1993 PAGE 2 OLD BUSINES5: l. APPOINTMENT OF THE CABLE TELEVISION ADVISORY COMMISSION STABLED OCTOBER 4, 1993):. MOTION by Councilman Schneider to remove this item from the table. Seconded by Councilman Billinqs. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to nominate Gen Peterson, 151 Glen Creek Road, for appointment to the Cable Television Advisory Commission to fill the unexpired term of Duane Peterson, which expires April l, 1995. Seconded by Councilwoman Jorgenson. Mayor Nee stated that Gen Peterson was a member of the City's original Charter Commission, a founder of the Fridley League of Women Voters, and a member of the Anoka County Soil and Water Conservation District. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 2. MOTION DIRECTING PAYMENTS FROM THE CABLE TELEVISION FRANCHISE FEES (TABLED OCTOBER 18. 1993): Mayor Nee removed this item from the table. MOTION by Councilman Schneider to authorize payment of $3,30? to School District No. 14 and $26,679 to ETC 33 from the Cable Television Fund. Seconded by Councilwoman Jargenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Schneider stated that funds have been earmarked for the Spring Lake Park and Columbia Heights School Districts in the same amount that was allotted to School District No. 14. NEW BUSINESS• 3. APPOINTMENTS: CITY EMPLOYEES: Mr. Burns, City Manager, stated that he was pleased to announce two appointments in Public Works. He stated that both Mr. Jason Wiehle and Mr. Jeffrey Jensen have been appointed as Public Services Workers and were chosen from a field of 104 applicants. Mr. Burns stated that Mr. Wiehle worked part-time for the cities of Blaine and Fridley, has one year of college, and he has experience in the field of Public Works. �=� � _ C�� �F FRIDLEY MEMORANDUM Municipal Cenier 6431 University Avenue Northeast F�id(ey, Minnesota 55432 (612) 572-3507 FAX: (612) 571-1287 William C. Hunt Assistant to the City Manager Memo to: william W. Burns, city Manaqer ��� From: William C. 8unt, Assistant to the City Manaqer��� subject: Aqent�s Insurance service Aqreement Date: December 15, 1994 In recent years it has been the City's practice to solicit proposals for insurance and risk management services every three years. In October we sent out requests for proposals to 24 agencies listed in the attached chart. We sent proposals to agencies which had submitted proposals in 1991 or who had indicated interest in the intervening years. The League of Minnesota Cities Insurance Trust also gave us a list of agents serving cities with a population of 20,000 or more. Nine agencies submitted proposals by the November 18, 1994, deadline. On December 1 I met with John Sullivan, Risk Management Coordinator for Anoka County, to review the proposals submitted. Criteria for the review included the stability of the agencies, experience with government accounts, level of professional liability insurance, willingness to provide services "net of commission," and cost of services over a three year period. Three of the agencies proposed alternatives to a straight fee for services approach. Their cost of services also tended to be on the high side. One agency made a proposal for only one year with the fee for subsequent years to be negotiated, and another proposed a minimum fee with the provision that there woul�d be additional charges if the value of the time spent exceeded the minimum. Four agencies submitted proposals with fixed dollar amounts for their fees for services. They also had the lowest cost for their services. All four of these agencies were financially stable and had significant experience with local government accounts. The average yearly costs ranged from $4,000 to $9,50Q. We did not consider the $5,500 difference to be significant. It amounts to less than two percent of our total premium cost of about $350,000. One good decision could easily save us that amount, so we went on to consider other factors. Mr. Sullivan feels that the City of Fridley is in a good position to consider self insurance, at least for workers' compensation Memorandum to William W. Burns Agent's Insurance Service Agreement December 15, 1994 Page Two insurance. I polled each of the four agencies, and all were willing to conduct a self insurance feasibility study in 1995 either for the same fee or for a nominal increase. It turned out that Mike Hadtrath, Vice President of Corporate 4 Insurance, Inc., had done such a study for the City of Bloomington a few years ago and was interested in doing one for the City of Fridley at no extra charge. Finally, we looked at the City's record with Corporate 4, our current agency of record. Our annual review showed that the agency had complied with all contractual obligations. During the past three years our experience modification for workers' compensation insurance has dropped from 1.00 to 0.85, saving us about $30,000 per year in premiums. The 1994 premium for liquor liability insurance was $12,828 less than the premium for 1993. Over all, insurance premiums dropped by $53,481 from $405,909 in 1993 to $352,428 in 1994. On December 14, 1994, I reviewed these considerations with Paul Hansen, Staff Accountant, who is responsible for premium administration. We concur in the recommendation of Corporate 4 Insurance, Inc. to continue as the City of Fridley's Insurance Agent of Record for the next three years. I have prepared a resolution to that effect and a contract for approval. I would appreciate your presenting this matter to the City Council for consideration at their meeting of December 19, 1994. Ca�7 CITY OF FRIDLEY INSURANCE AGENT OF RECORD PROPOSALS DUE NOVEMBER 18, 1994 Corporate 4 Insurance, Inc. 7220 Metro Boulevard Edina, MN 55439 T.C. Field and Company 530 North Robert Street P. O. Box 64016 St. Paul, MN 55164-0016 Anderson Agency 312 Central Avenue S.E., Suite 488 Minneapolis, MN 55414 Krause Anderson Insurance 1935 West Burnsville Parkway Burnsville, MN 55337 Rothschild, Bell and Walseth 251 W. Lafayette Frontage Road P. O. Box 7128 St. Pau I, M N 55107 C.F. Lake and Company 600 South Highway 169, Suite 900 Minneapolis, MN 55426 Johnson & Higgins, Inc. 333 South Seventh Street Minneapolis, MN 55402-2400 First Insurance St. Cloud 3950 North Third Street P. O. Box 764 St. Cloud, MN 56302 James Hansen Agency 9921 Central Avenue, N.E. Blaine, MN 55434 PROPOSALS RECEIVED $4, 000 $8, 000 $8, 000 $9, 000 $12,0001 c.$15,8002 $15,900 C.$� %,6��3 4 �.- ••• �.: �•• '.• ��� $9, 500 $12,0001 c.$12,6502 negotiable 7773 4 $4, 000 $8, 000 $9,000 $10,000 $12,0001 c.$12,6502 negotiable 7773 a $12,000 $24,000 $26,��� $28,500 $36,000 c.$41,000 ??� iii 4 1 Minimum fee. Additional charge if value of time spent exceeds minimum. '- Includes 10% commission on premiums for Liquor Liability and Boiler & Machinery insurance not provided by the League of Minnesota Cities Insurance Trust (LMCIT). 3 Proposes 5% commission of total premium. In 1994 the total premium was $352, 428 x .05 = $17, 621. 4 Proposes a$2,000 per year retainer to work with a risk manager plus commission on premiums other than LMCIT. 15B RESPONDED WITH NO PROPOSAL Berkley Insurance Services 920 Second Avenue Sout Suite 700 Minneapolis, MN 55402 First Insurance Hopkins 16 Ninth Avenue North P. O. Box 8000 Hopkins, MN 55343-041 5 J. A. Price Agency 7100 Shady Oak Road Eden Prairie, MN 55344 Twin City Group 4500 Park Glenn Road Minneapolis, MN 55416 Alexander & Alexander, Inc. Wirth Park Center P. O. Box 1360 Minneapolis, MN 55440-1360 Apple Valley Insurance Agency 5885 — 149th Street West Suite 102 Apple Valley, MN 55124 Brandow, Howard, Kohler and Rosebloom, Inc. 7825 Washington Avenue South Bloomington, MN 55435 First National Agency 324 Oak Street Farmington, MN 55024 L& G Insurance Agency, Inc. 7317 Cahill Road, Suite 202 Edina, MN 55435-3047 North Suburban Insurance Agencies P. O. Box 33160 Coon Rapids, MN 55433 Prevention Plus Incorporated 5775 Wayzata Boulevard, Suite 700 Minneapolis, MN 55416 NO RESPONSE 15C Sebrite Insurance 6465 Wayzata Boulevard, Suite 740 St. Louis Park, MN 55426 Sherman Insurance Agency 239 Livestock Exchange Building South St Paul, MN 55075 Towle Agency 333 South 7th Street, 17th Fioor Minneapolis, MN 55402 R. L. Youngdahl & Associates, inc. 10261 Yellow Circle Drive Minnetonka, MN 55343-9307 N� RESPONSE 15D RESOLIITION NO. - 1995 A RESOLIITION APPROVINa AN AGENT�S INSURANCE SER9IC8 AGREEMENT WITH CORPORATS 4 INSIIRANCB, INC. WHEREAS, it is the policy of the City of Fridley to protect the. employees and assets of the City by instituting agpropriate risk management procedures and by procuring adequate insurance caverage; and WHEREAS, the services of an insurance agent help provide appropriate risk management services and insurance coverage for the lowest available cost; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley that Corporate 4 Insurance, Inc. be designated agent of record for the City of Fridley. BE IT FURTHER RESOLVED that the Mayor and the City Manager be authorized to execute the attached Agent's Insurance Service Agreement. PAS5ED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1995. ATTEST: WILLIAM J. NEE - MP,YOR WILLIAM A. CHAMPA - CITY CLERK 15E CITY OF FRIDLEY AGENT�B INSORANCE SERVICE AGREEMENT This agreement made , 1994, between the City of Fridley Insured, hereinafter referred to as "CLIENT," and Insurance Agent, Broker, and Risk Management Advisor, hereinafter referred to as "AGENT." "CLIENT" agrees to engage the services of "AGENT" as Insurance Servicing Agent of Record with respect to all Insurance of "CLIENT" within the scope of Professional Liability, Fire, Workers' Compensation, Casualty and Marine Insurance, and Fidelity and Surety Bonds, hereinafter referred to collectively as "Insurance," subject to the following items and conditions: I. Term of Agreement This agreement shall take effect on January l, 1995 and shall continue and remain in effect for a period of three (3) years, unless it is terminated prior to the 31st day of December, 1997, by either party giving the other sixty (60) days prior written notice of termination. II. Aaency Representation It is agreed that, with respect to all services to be performed under this agreement, "AGENT" shall at all times and in all circumstances be the Insurance representative of "CLIENT" and shall use its best efforts to ascertain and understand the risks and the insurance needs of "CLIENT" and, in all such matters, to act as though "CLIENTS" interest were its own. "AGENT" shall also act in the capacity of Insurance Broker or Insurance Agent to negotiate, place, service and receive commission (if any) on all or part of the Insurance purchased by "CLIENT" unless use of another agent or broker is authorized by "CLIENT." "AGENT" shall be under the duty to fully disclose to personnel authorized by "CLIENT" any and all commissions, received or payable and any possible conflict of interest relating to "AGENT'S" representation of any Insurance underwriter with which Insurance is to be placed. "CLIENT" understands that "AGENT" shall act in the dual capacity of Risk Management Advisor and Insurance Agent. It is further agreed that the total compensation of "AGENT" as provided in Article IV hereof, shall not be affected by such dual capacity. 1 15F III. Services "AGENT" agrees to perform during the period of this agreement, in a competent and professional manner, the following services for the anticipated or maximum compensation specified in Article IV of this agreement. A. Exposure Survey: Establish a procedure for evaluating all exposures to insurable losses which are involved in the operations of "CLIENT" and provide an exposure list updated annually. Particular attention shall be paid to those exposures which could result in a catastrophic loss. Work with "CLIENT'S" staff and advisors to explore alternative means of dealing with loss exposures, such as the elimination or reduction of risk, complete or partial reduction of risk through deductibles or self-insurance schemes, and alternative Insurance underwriters and rating plans which minimize the present value of cash outflow. B. Specifications: Work with "CLIENT'S" staff and advisors to draft coverage specifications for insurance as shall be purchased by "CLIENT." Assist in annually filing the statement of insurable values. C. Quotes and Recommendations: Obtain proposals and quotes from qualified underwriters on a net of commission basis if available, for improving Insurance coverage, and work with the "CLIENT'S" staff and advisors to study and impartially evaluate all Insurance proposals received, in terms of the coverage provided, financial standing and services of the Underwriter and ultimate net cost to "CLIENT," and provide an Insurance policy inventory and summary, updated annually. D. Nectotiate, Review Proposals and Claims: Conduct on behalf of the "CLIENT" all negotiations with all Insurance representatives and companies relating to issuance and maintenance of policies, audits, premium reports and all similar matters customarily handled by Insurance Agents, Brokers, and Advisors, including the obligation to make diligent efforts to continue any terminated policies. If "AGENT" is unable to obtain any insurance ccverage, "CLIENT" shall obtain the coverage from another source. "CLIENT'S" staff and advisors shall be kept fully informed of all significant changes and shall be notified on any new Insurance programs prior to affecting any change. Audited and approved policies, endorsements and invoices shall be delivered to "CLIENT" with respect to all Insured losses. "AGENT" shall semi- annually review liability and worker's compensation reserves listed by Insurance carrier and rating bureau, and offer recommendation to "CLIENT." 2 15G E. Loss Control• "AGENT" shall serve as Advisor along with insurance company personnel with respect to Loss Control and Safety Engineering Programs. Services include inspection of plants and properties; pre-construction review of plans and specifications for new buildings and extensive alterations. This is in addition to and does not include services provided by employees or persons engaged by the Insurance Co�pany. On or before the first day of November, "AGENT" shall submit an annual report of the work performed during the year, the results achieved, premiums paid and losses incurred on insured risks, a summary of the current insurance program and any outstanding unfulfilled recommendations for risk coverage or cost improvement. F. Communications: AGENT shall provide no charge phone accessibility, written confirmation and follow-up of communicating with "CLIENT" and Underwriters. AGENT shall assist "CLIENT'S" staff and advisors in the application and use of Risk Management procedures and information systems. G. Other Services: AGENT shall provide all of the services on attached list of "SERVICES TO BE PROVIDED BY AGENCY" incorporated by reference into this agreement. IV. Total Compensation A. Amount The total compensation of "AGENT" for services performed under this agreement for the first year shall be a maximum of $ ; for the second year shall be a maximum of $ ; and for the third year shall be a maximum of $ Insurance invoices to "CLIENT" shall include a breakdown of policy premium by classification for budget allocation purposes, and a statement of fees payable. Premiums shall be remitted as invoiced. B. Definition "Total Compensation" for the purpose of this agreement shall be deemed to be the sum of: All compensation received by "AGENT" from any Insurance Underwriter for Insurance required by "CLIENT" including both direct and contingent commissions; and all compensation or reimbursement received by "AGENT" from "CLIENT." With respect to any Insurance written for a period of more than one year, only a yearly prorated 3 15H credit shall be included in the calculation of "AGENT'S" compensation during each annual period said Insurance is in effect. If permitted by Insurance companies, only net premium charges shall be made in every Insurance placement irrespective of the level of compensation incurred. C. Excess If payments received by "AGENT" exceed the total compensation, "CLIENT" shall request "AGENT" to perform additional Risk Management services, other than the placement of Insurance, equaZ in value to such excess. If, however, "CLIENT" does not request such additional services, then "AGENT" shall remit such excess to "CLIENT," and this total compensation provision is hereby incorporated in any Insurance placed by "AGENT" on behalf of "CLIENT." D. Invoice For the service specified "AGENT" shall be entitled to total compensation as specified above and as billed. The invoice provided by "AGENT" shall contain an itemized statement of services provided, time expended, and persons providing said service. V. Performance "CLIENT" agrees to make available to "AGENT" all necessary financial and operating data essential to the performance of services described in Article III. "CLIENT" shall provide access to its premises and properties and such written authorization as shall be required by rating bureaus, Insurance companies or similar organizations. "CLIENT" agrees to appoint "AGENT" Agent of Record or Broker of Record for all Insurance Companies marketing products through the Agency System. 4 151 VI. Aqreement This agreement shall be binding upon the successors and assigns of the parties hereto. Executed in Minnesota this day of , 1994. WITNESS: WITNESS: 5 15J by THE CITY OF FRIDLEY by William J. Nee, Mayor by William W. Burns, City Manager SERVICES TO BE PROVIDED BY AGENCY will provide the following services for the compensation specified in Section IV, A. of the Agent's Insurance Service Agreement l. Prepare insurance coverage specifications 120 days prior to the renewal date. 2. Review policies when issued for compliance with specifications within thirty (30) days of policy issue. 3. Negotiate and place all property-casualty insurance lines required with uniform anniversary dates. 4. Provide information in writing on relevant changes in the insurance market with recommendations for upgrading the existing insurance program, if applicable. 5. Assist in developing comprehensive insurance coverages. 6. Provide an insurance policy inventory and a cumulative five- year premium and loss summary within thirty (30) days of renewal date. 7. Provide premium allocation distributed by insured departments or locations within thirty (30) days of renewal. 8. Provide a complete accounting of all compensation earned (direct and contingent) on this account by December 31 of each year. 9. Provide a loss exposure list with appropriate classifications, updated annually within thirty (30) days of renewal date. 10. Assist in claims control and loss adjustment. 11. Assist in minimizing premiums by reviewing and auditing rate schedules and formulas, and review claims reserves semi- annually before unit loss reports are filed. 12. Review insurer audits and premium calculations within thirty (30) days of receipt of notice. 13. Assist in loss prevention engineer_�ng and loss control programs. 14. Provide a schedule of property values for insurance purposes 12o days prior to the renewal date. 15. Provide property appraisals when needed. 6 15K 16. File updated property values annually with the insurer or the Insurance Services Office to waive application of coinsurance. 17. Attend insured's prevention and loss control meetings when necessary. 18. Provide written confinaation and follow-up on all communications with the insured and insurers. 19. Submit premium invoices as necessary to provide timely and complete insurance coverage. 20. Adjust coverages and premiums with ten (10) days of report of changes by the insured. 21. Provide estimates of future premiums for budget proposals in March with a review in August. 22. Obtain Motor Vehicle Driving Records within seven (7) days of request. 23. Review lease agreements and contracts within fifteen (15) days of being received or notified of. 24. Provide coverage and procedure seminars for "CLIENT'S" staff within thirty (30) days of renewal date. 25. By August 1, 1994, complete workers' compensation self insurance feasibility study. 7 15L � _ C�� �F FR[DLEY MEMORANDUM Municipal Center 6431 University Avenue Northeast Fridley, Minnesota 55432 (612) 572-3507 FAX: (612) 571-1287 William C. Hunt Assistant to the City Manager Memo to: William W. Burns, City Manaqer � �� From: William C. Hunt, Assistant to the City Manaqer�� , Subject: Date: increase in Compensation for 1995 December 15, 1994 In order to prepare the final figures for the Personal Services portion of the 1995 budget it will be necessary for the City Council to approve a resolution adjusting salaries, benefits, and other forms of compensa- tion for 1995. I recommend the following for employees who are not a member of a bargaining unit: 1. A general increase of 3.0 percent in salaries. 2. An increase of $30.00 (from $315.00 to $345.00) in the maximum monthly contribution toward insurance premiums (Flexible Benefit Plan, option A) for employees choosing dependent coverage. 3. An increase of $5.00 (from $205.00 to $210.00) in the �uaximum monthly contribution toward insurance premiums (Flexible Benefit Plan, Option A) for employees choosing single coverage. 4. An increase of 3.0 percent in automobile allowances, where applicable. 5. An increase of $10.00 (from $155.00 to $165.00) in the monthly contribution to each employee who chooses Option B of the Flexible Benefit Plan. 6. A one cent increase in the mileage reimbursement rate from $0.28 per mile to $0.29 per mile (the current federal Internal Revenue Service rate) for employees who use their own vehicles for City business. 7. A cap of $2,250.00 per employee per year on the Educational Benefit with an extension of coverage from tuition only to include required books, educational materials, and course related fees such as laboratory fees. These recommendations have been incorporated into the attached resolution. I request that you present this resolution to the Fridley City Council.for action at their meeting of December 19, 2994. � REBOLIITION NO. - 1994 A RESOLIITION AIITHORIZING AN INCREASE IN COMPEN3ATION FOR FRIDLEY CITY EMPLOYEES FOR TSE 1995 CALENDAR YEAR WHEREAS, it is the intention of the Fridley City Council to provide fair and equitable compensation to Fridley City Employees within budgetary constraints; and WHEREAS, the City of Fridley intends to comply with the Minnesota Local Government Pay Equity Act; and WHEREAS, the City Council and City Staff have reviewed economic indicators and compensation adjustments by comparable employers; and WHEREAS, an adjustment of employee salaries and benefits is warranted; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley that the following adjustments be authorized for employees of the City of Fridley, with the exception of empl.oyees who are members of a bargaining unit, effective January 1, 1995: 1. A general increase of 3.0 percent in employee salaries. 2. For employees eligible for the health benefit who choose dependent coverage, a maximum contribution of $345.00 per month toward premium costs of health insurance. Up to $15.00 of the above amount of $345.00 can be used for premium costs of dental insurance. (Flexible Benefit Plan, Optian A) 3. For employees eligible for the health benefit who choose single coverage, a maximum contribution of $210.00 per month toward premium costs of health insurance. Up to $15.00 of the above amount of $210.00 can be used for premium costs of dental insurance. (Flexible Benefit Plan, Option A) 4. An increase of 3.0 percent in automobile allowances, where applicable. 5. A contribution of $165.00 per month to each employee who chooses Option B of the Flexible Benefit Plan for City of Fridley Employees. 6. Mileage reimbursement at the rate of $0.29 per mile. 16A 7. A cap of $2,250.00 per employee per year on the Educational Benefit with an extension of coveraqe from tuition only to include required books, educational materials and course related fees. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY �F , 1994. WILLIAM J. NEE - MAYOR WILLIAM A. CHAMPA - CITY CLERK 16B �---- ���ks s�,�t�s �Ma�nten,incc TO: William W. Burns, City Manager � PW94-406 � FROM: John G. Flora, �ublic Works Director DATE: December 7, 1994 SUBJECT: East River Road Improvement Project The County is preparing plans for a 1995 improvement of East River Road from Kimball Avenue north to Highway 610. This project only minimally affects Fridley as it is primarily within Coon Rapids. One block in Fridley, Lafayette to Kimball (three properties), will be improved with concre#e curb and gutter and median. The remaining section of Fridley, between Kimball and Rickard Road, is to be improved in 1996. Accordingly, I suggest we defer any assessment for concrete curb on this particular project and incorporate that into the overall East River Road improvements currently scheduled for 1996. I also suggest that the City request off-system MSAS funding for our portion of the improvement to cover the immediate cost. We can schedute a public hearing for January 23, 1995 on the proposed concrete curb and gutter assessment for a figure not-to-exceed $10 per front foot. When we receive the Joint Powers Agreement, we can then process that document routinely. Attached is a resolution approving the plans for the East River Road improvement which is necessary for the County to continue processing the plans for Federal approval and preparation of the Joint Powers Agreement. Recommend the Council set a public hearing for the concrete curb and gutter assessment for this segment for January 23, 1995. JGF:cz Attachments 17 � .„ . �.�, � RE80I�T1'I�I I�U. - 1994 It'L�r80I�17:Q�T AF'P1iOVII�IQ PI�lt�B A�ID It�Qtk'STII� A1�UI�l QO�i1R TO Pli�C�D IiIZH �T EASP RIVF�[t RLaAD �'!�I JA1�VII�iB 8�P 't0 � GITY LII�IITB QO[A�TJ.'Y (S.P. 02- 601-35) CITY (S.A.P. 127-020-15) CTl'Y S1�E'� II�VF1�+�NT1' PRO►TEG'1' I�A. ST. 1995-4 �i8, plans for Project No. S.P. 02-601-35 (M.S.A.P. 127-020-15) shawir�q praposed aligrnnent, profiles, grades at�d cross-se��tions for the construction, reoo�st�ructi.cai or i��ov�rent of oan7ty State Aid Hic,�way No. 1(Fast River Road) within the 1 imits of the City of FYidley as a State A.id proj ect have been Prel�ared arid presented to the City, arid �8, the itq�rov�netYt plans hav+e been oatple�t�ed to further er�harx�.e the safety of motorists arid residents alang east River Road. NOW, T�Ol�, BE IT RE'.90LVED �T, the City Ca�ulcil of the City of Fridley, Anoka Ca�nty, Minnesota, that the �bove mentioned plans be appraved and that Anoka Caunty be requested to proceed with the i�ravements on East River Road frcan Janesville Street to North City Limits. Ciy1� I� •�• ' 31� y:l' M •� 11 M� •1' Y:1" M •' • �� Y.� ' • Y. �• •1' �,�MS� I'1:�1' A�!'FS'r: WII�IAM A. Q�A - CITY CIERK 17A WILLIAM J. NEE - I�YOR CITY OF FRIDLEY NOTICE OF HEARING ON IMPROVEMENTS MAIN STREET IMPROVEMENT PROJECT NO. ST. 1995 - 4 WHEREAS, the City Council of the City of Fridley, Anoka County, Minnesota, has deemed it expedient to receive evidence pertaining to the improvements hereinafte� described. NOW, THEREFORE, NOTICE IS HEREBY GNEN THAT on the 23rd Day of January, 1995, at 7:30 pm, the City Council will meet at the Fridley Municipal Center Council Chambers, 6431 University Avenue NE, Fridley, MN, and will at said time and place hear all parties interested in said improvements in whole or in part. The general nature of the improvement is the construction (in the lands and street noted below) of the following, tawit: CONSTRUCTION ITEM SVeet improvements, inGuding grading, stabilized base, hot-mix bituminous mat, concrete curb and gutter, storm sewer system, water and sanitary sewer, bikeway/walkway, landscaping, and other facilities located as follows: East River Road Kimball Avenue North Est. ;2,422,392 All of the land abutting upon said street named above and all lands within, adjacent and abutting thereto. All of said land to be assessed proportionately according to the benefits received by such improvement. 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FR[DLEY, MN 55432 •(612) 571-3450 • FAX (612) 571-1287 December 7, 1994 PW94-245 Mr. Doug Fisher, PE Anoka County Highway Department 1440 Bunker Lake Blvd NW Andover, MN 55304 Subject: Reconstruction of CSAH No. 1 from Mississippi Stxeet to TH 610 Dear Mr. Fisher: I have reviewed the plans SP 02-601-35, MSAP 114-020-06, MSAP 127-020• 15 involving the reconstruction of CSAH No. 1(East River Road) from Mississippi Street to TH 610 in the cities o£ Coon Rapids and Fridley. Based upon the preliminary review of the drawings, I request the following changes be made to the plans: 1. Ensure that the street intersections of Janesville, I<imball and Lafayette are sloped to East R.iver Road and valley gutters are provided to maintain runoff to the East River Road drainage system. 2. Omit the concrete sidewalk in Fridley. 3. Plan for a bike path on the east side of East River Road. 4. Construct a weir in front of the outlet to the new County pond. S. Place rip-rap at the outlets of the 21 and 12 in. pipes associated �vith the ne�v pond. I understand t�1at the Emergency Velucle Pre-emption system (EVP) to be placed on the signals at 8�th and East River Road is to be funded by Coon Rapids. I also understand that the improvements south of Kimball Avenue will be temporary. The concrete curb and gutter and �videning �vithin that section of Fridlev �vill be incorporated in the ne�rt project. Based upon the above comments, I believe that the only cost associated with the project is for the concrete curb and gutter amounting to approximately $1,457.63. Request the above changes be incorporated into the plans and specifications. Sincerely yours, � • ;� / L � � � .L 'L� � ' %' L - � John G. Flora Dircctor of Public Works 17E TO: WILLIAM W. BURNS, CTfY MANAGER �� FROM: RICHARD D. PRIBYI., FINANCE DIRECTOR SUBJECT: RESOLUTION PROVIDING FOR A SEWER RATE INCREASE DATE: December 15, 1994 As part of the 1995 Budget Conference Session, Staff was able to review with Council the issues that have caused the need for a sewer increase effective with the January 1995 utility billing. You might recall, that the Metropolitan Council, Wastewater Services Division, has been increasing our sewer disposal charges drastically since 1992. We have seen annual increases in total charges that amount to $1,326,773.50. These increases were mainly due to the installation of a new meter that measures the amount of sewage flowing out of our City. Because the old meter was reading incorrectly, we were being undercharged for a number of years. Since the installation of this meter we have seen the annual costs increase by the amount stated above, but have only generated increased revenues totaling less than $500,000; thus, causing large annual losses. If this trend is allowed to continue it will drain all cash from this fund within a few years. The increase in rates from $1.67/thousand gallons to $1.83 is only expected to generate an additional $284,000 to $300,000 and will not cover the anticipated loss. At the direction of Council, we will provide a resQlution some time in 1995 or early 1996 to transfer needed capital to this fund to allow it to break even. It is anticipated that this operation will require annual increases of this nature until 1997 when we our billing will finally have caught up to the proper readings from Metro Council. With this increase of appro�mately 9.5% or .16i1,0()0 gallons, the City of Fridley is still one of the lowest charging communities participating in the Wastewater Services Division of the Metro Council. Using the average number of gallons disposed o� as calculated by the Metropolitan Council, it is anticipated that this increase will only increase the average single family home by $9.60. RDP/me Attachment RESOLUTION NO. - 1994 A RESOLUTION PROVIDING FOR SEWER RATE INCREASES WHEREAS, Section 402.13 of the City code provides that the City Council shall have the authority to set sewer rates, and WHEREAS, the Metropolitan Waste Control Commission (MWCC) disposal charges to the City's sewer fund are increasing annually and comprise the largest percentage of the fund's expenditures, and WHEREAS, based primarily on the increase in the MWCC disposal costs for 1994, the sewer fund will incur a net loss. NOW, THEREFORE, BE TT RESOLVED, that the following sewer rate schednle sha�l be effective immediately: ProQerty Class "Single Family" Dwelling (incl. Townhomes) Commercial/Indus� Non-Profit Entity inctuding Schools Churches, etc.) Multiple Dwellings (including Trailer Courts) Qualifying Disabled and Senior Citizens Consumption Basis Winter Quarter Water Usage Current Quarter Water Usage Current Quarter Water Usage Winter Quarter Water Usage Winter Quarter Water Usage Minimum Minimum Char�e Consumption $21.96 12,000 Gallons $45.75 a45.75 $45.75 Maximum of $14.64 25,000 Gallons 25,000 Gallons 25,000 Gallons No Minimum- Ma�cimum of 8,000 All consumption in excess of the minimums stated above will be charged at a rate of $1.83 per thousand gallons. PASSED AND ADOP'TED BY THE CITY COUNCIL OF Z'I� CITY OF FRIDLEY THIS DAY OF DECEMBER, 1994. ATTEST: WILLIAM A. CHAMPA - CITY CLERK :� WILLIAM J. NEE - MAYOR TO: WILLIAM W. BURNS, CITY MANAGER fi� FROM: RICHARD D. PRIBYI., FINANCE DIRECTOR SUBJECT: RESOLUTION PROVIDING FOR A WATER RATE INCREASE DATE: December 15, 1994 As part of the 1995 Budget Conference Session, Staff was able to review with Council the issues causing the need for a water increase effective with the January 1995 utility billing. You might recall, the last water rate increase occurred on the October 1990 utility bill. At that time, we had Springsted review our water rate structure and propose a new structure that significantly reduced the number of tiers and associated rates. It was the direction from Council, at that time, that the rates would be held constant through 1994. We have seen significant climatic changes from the period in which the consultant analyzed water consumption. Over the past years we have seen our consumption drop because of the heavier rainfall and the reduction in the watering of lawns. We have also seen a change in the mindset of the consumers. With the concern about water quality and water as a renewable resource, our consumers have found ways to conserve on water consumption. With these changes in the habits of the consumers our revenues have reflected these reductions. This change, along with the increases in elcpenses that occur both in energy costs and labor, have caused this fund to show a loss for the first time at the fiscal year end for 1993, thus causing us to recommend an increase in water rates. Our recommendation is to increase the 0- 5,000,000 gallons consumed from a price of $.60/1,000 to .66/1,000 and the over 5,000,000 gallon range to $.70/1,000 gallons. You should be aware that the second range changes our rate structure to stressing conservation and reflects a higher charge for the high volume consumers. With this increase, we are creating a 9.5% increase on the first tier, and a 27% increase on the second tier. We still anticipate that we will report a Ioss in operations for 1995. Following the direction of Council, we would be covering that loss either in late 1995 or 1996 with a transfer to the Water Fund. If Council approves this resolution, the increased water rate will still put the average homeowner on the lowest end of the cost comparison. This increase would also be effective for the first billing occurring in January of 1995. RDP/me 19 RESOLUTION NO. - 1994 RESOLUTION PROVIDING FOR WATER RATE CHANGE WHEREAS, Section 402.13 of the City code provides that the City Council shall have the authority to set water rates by resolution, and Whereas, the rates have not been increased since October 1, 1990, and Whereas, the annual costs associated with the operation of the water system have increased since 1990, and Whereas, the rate increase is required to generate additional revenue to offset the change in expenses, and WHEREAS, the rate change is to be effective with the first billing in January of 1995. NOW THEREFORE, BE IT RESOLVED, that the following water rate schedule for all customers except those qualifying for the low income senior citizen and disabled citizen rate shall be as follows: WATER RATE SCHEDULE � ��� ��� • ��� ��� $.66/1,400 Gal/Minimum $7.92 $.70/1,000 Gal BE IT FURTHER RFSOLVED, that the City Council hereby provided a reduced rate schedule for qualifying low income senior citizens and disabled citizens as follows: SEIVIOR CITTZEN RATE SCHEDULE � i.�.�xi:�� $.44/1,000 Gal/Minimum $5.28 The following criteria must be set to qualify for the low income senior citizen rate: 1. The senior citizens must occupy single family or double bungalow units. Th�e senior citizen rate dces not apply to apartments, commercial, industrial, institutional, or other. 2. The customer or person having responsibility for payment of the water charge must be sixty two years of age or older and must provide a copy of a valid Minnesota Driver's License or receipt thereof, or a Minnesota Identification Card or a receipt thereof with current address for proof of age. 3. The person must certify that the total household income is less than the low income level defined by the Department of Housing and Urban Development. One method of verification may include reviewing a copy of the past year's Federal T� Form. The following criteria must be met in order to qualify for the low income disabled citizen rate: 19A RFSOLU'TION NO. - 1994 RESOLUTTON PROVIDING FOR WATER RATE CHANGE PAGE 2 1. Disabled citizens must pravide a copy of an award letter from the Social Security Administration indicting that the individual is one hundred percent (100%) disabled. 2. The person must certify that the total household income is less than the low income level defined by the Department of Housing and Urban Developmen� One method of verification may include reviewing a copy of the past year's Federal 1040 Tax Form. PASSED AND ADOP'TED BY THE CTTY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF DECEMBER, 1994. ATTEST: WILLIAM A. CHAMPA - CTTY CLERK .- WILLIAM J. NEE - MAYOR 20 � � FOR CONCURRENCE BY THE CITY COUNCIL GAS SERVI�ES Ace Mechanical Services 5217 190 Ln Wyoming MN 55092 Air Conditioning Associates Inc 689 Pierce Buder Route St Paul MN 55104 � St Cloud Refrigeration Inc 604 Lincoln Ave NE St Cloud MN 56304 Jim Harvey John Matthews Ice Lyon CENEIZAi CONTR.ACTOR-GOM ERCIAL Slepica Kenaeth Construction Inc 13404 Ibis St NW Andover MN 55304 Ken Slepica [iFNERA� CONTRACTOR-COMMERCI� Garlock-French Roofmg(1423) 2309 Snelling Ave Minneapolis MN 55404 James Burford Imperial Homes Inc (20014230) 4196 Lexington Ave N Shoreview MN 55126 Richard Riemersma HEATING Ace Mechanical Services 5217 190 Lndt Ave S Wyoming MN 55092 Air Conditioning Associates Inc 689 Pierce Butler Route St Paul MN 55104 Plymoutti Plumbing Inc 6909 Wi�netka Ave N Braoklyn Park MN 55428 Jim Harvey John Matthews Cordell Johnston 23 LICENSEB JOHN PALACIO Chief Bldg Ofcl Same Same JOHN PALACIO Chief Bldg Ofcl STATE OF MINN Same JOHN PALACIO Chief Bldg Ofcl Same Same St Cloud Refrigeration Inc 6()4 Lincoln Ave NE St Cloud MN 56304 Vail & Sons 3235 LaBore Rd St Paul MN 55110 PLUMBING Haas Plumbing & Heating 4843 160 Ln NW Andover MN 55304 JLB Plumbing Inc 2407 Washington St NE Minneapolis MN 55418 Plymouth Plumbing Inc 6909 Winnetka Ave N Brooklyn Park MN 55428 Roy's Plumbing 17420 Iguana St NW Ramsey MN 55303-5587 Joe Lyon Wayne Vail Carl Haas James Bj+orlin Cordell Johnston Elroy Haselius z3a Same Same STATE OF MINN Same Same Same � �► ,� oF ESTIMATES FRIDLEY DECEMBER 19, 1994 Richmar Construction, Inc. 7776 Alden Way Fridley, MN 55432 63rd Avenue Booster Station TCAAP FINAL ESTIMAT� . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 335.00 Barna, Guzy & Steffen, Ltd. 400 Northtown Financial Plaza 200 Coon Rapids Boulevard Minneapolis, MN 55433 Statement for Services Rendered as City Attorney for the Month of November, 1994 . . . . . . . . . . . . . . $ 2,712.80 Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, MN 55432 Statement for Services Rendered as City Prosecuting Attorney for the Month of October, 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,500.00 F.F. Jedlicki Inc. 14203 West 63nd Street Eden Prairie, MN 55346 52nd Avenue Fioodway/Clover Pold Diversion Project No. 222 Estimate No. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 38,104.42 24 Eng�neering Sewer Watcr TO: Wiliiam W. Burns, City Manager ��� PW94-397 � � FROM: John G. Flora, Public Works Direetor �,� Jon Thompson, Estimator & Construction Inspe�tor DATE: December 19, 1994 SUBJECT: 63rd Avenue Booster Station (TCAAP), Project No. 250 We have received pay request number 8(final) for the 63rd Avenue Booster Station construction. This estimate includes the payment for 5% retainage for both the chemical feed system and irrigation system which were City funded. It is recommended that Council approve payment of $335 to Richmar Construction for the City share of Pay Estimate No. 8(final). JT/JGF:cz Attachment 24A � .A, . �.��� s CITY OF FRIDLEY PUBLtC WORKS DEPARTMENT ENGINEERING DIVISION 6431 University Avenue N.E. Fridiey, Minnesota 55432 December 19, 1994 Honorable Mayor and City Council City of Fridley Go Wiliiam W. Burns, City Manager 6431 University Avenue N.E. Fridley, MN 55432 Council Members: CERTIFICATE OF THE ENGINEER We hereby submit the Final Estimate for 63rd Avenue Booster Station (TCAAP) Project No. 250, for Richmar Construction, Inc., 7776 Afden Way, Fridley, MN 55432. We have viewed the work under contract for the construction of 63rd Avenue Booster Station (TCAAP)� Proje�t No. 250 and find that the same is substantially complete in accordance with the contract documents. I recommend that final payment be made upon acceptance of the work by your Honorable Body and that the one year contractual maintenance bond commence on December 16, 1994. Respectfully submitted, John G. Flora Director of Public Works JT:cz Prepared by Checked by ��: December 19, 1994 City of Fridley 63RD AVENUE BOOSTER STATION (TCAAP) PROJECT NO. 250 CERTIFlCATE OF CONTRACTOR This is to certify that items of the work shown in the statement of work certified herein have been actually fumished and done for the above-mentioned proje�ts in accordance with the plans and specifications heretofore approved. The final coniract cost is $348,645 and the final payment of $335 for the improvement project would cover in full, the contractor's claims against the City for all labor, materials and other work down by the contractor under this project. I declare under the penalties of perjury that this statement is just and correct. RtCHMAR CONSTRUCTtON, INC. ' " ''�� C�.....; t' . � 1 t ,-% . ( �,'� c.:.�..;. � ���- y Y . i', �� � 24C December 19, 1994 To: Public Works Director City of Fridley REPORT ON FINAL INSPECTION FOR CITY OF FRIDLEY 63RD AVENUE BOOSTER STATION (TCAAP) PROJECT NO. 250 We, the undersigned, have inspected the above-mentioned project and find that the work required by the contract is substantially complete in conformity with the plans and specifications of the project. AII deficiencies have been correeted by the contractor. Also, the work for which the City feels the contractor should receive a reduced price has been agreed upon by the contractor. So, therefore, we recommend to you that the City approve the attached FINAL ESTtMATE for the contractor and the one-year maintenance bond, starting from the day of the final inspection that being December 16, 1994. �-� _� �..- l��'1 Jon Thoma�ca struction I � � \ J _ �. Contractor Representativ , (Title) 24D December 19, 1994 City of Fridley 63RD AVENUE BOOSTER STATION (TCAAP) PROJECT NO. 250 PREVAILING WAGE VERIFICATION This is to certify that Richmar Construction, Inc. has abided by the Prevailing Wage Provisions as specified by the Minnesota Department of Labor and Industry for Anoka County. I declare under the penalties of perjury that this statemen# is just and correct. RICHMAR CONSTRUCTION, INC. � � \ i �, / '�� v � � Rtebafd-NetrPres em ` i-� F� s;� �r� �t. � z� �.�' . 24E FINAL PAYMENT ESTiMATE NO. 8 (FINAL) FROM: JUNE 23, 1994 y� �� t,� k, d�'� � t?' ^ TO: NOVEMBER 30. 1994 (,� CC�` T�' �3 ��� Q'ZO CONTRACTOR: RICHMAR CONSTRUCTION, INC. ADDRESS: 7778 ALDEN WAY, FRIDLEY, MN 55432 OWNER: CITY OF FRIOLEY, MINNESOTA PROJECT: 63RD AVENUE FLOW CONTROL AND BOOSTER STATION (PROJ. # 250) (685-004-30) COMPLETION DATE AMOUNT OF CONTRACT: ORIGINAL: MARCH 1, 1994 ORIGINAL S REVISED: REVISED b REM : NO. DESCRIPTION 1 MOBILIZATION, BONDS � INS. 2 SITE CLEARING, EXCAVATE 8 SOIL CORR. 3 SITE PIPING 4 DRIVEWAY 8 CONCRETE APRON 5 FINISH GRADING 8 SOD 6 IAWN SPRINKIER SYSTEM 7 CONCRETE 8 MASONRY S PRECAST CONCRETE 9 ROOFING & SHEET METAL 10 DOORS, HDWR. 8 WINDOW 17 MISC. METALS 12 CAUIKING & PAINTING �3 FLOOR COATINGS 14 LETTERS 8 SIGNS 15 HOUSE PLMB. & DRAINS 16 HTG.. VENT., & DEHUMIOIFICATION 17 CHEM. FEED E(]UIP. 18 PUMPS t9 FLOW METERS 20 PROCESS PIPING 21 ELEC. ROUGH-IN 22 ELEC. FIXTURES & EQUIPMENT 23 MCC & CONTROLS 24 ELEC. WIRING & FINISH 25 DEMO. EXISTING 800STER STA 26 CHANGE ORDER NO. 1 27 CHANGE ORDER NO. 2 28 EXTRA WORK OUTDOOR LOCKABIE lRRIGATION CONTROL CABINET AND VACUUM BREAKER RELATED TO DEMOLISHING 7HE EXISTING BOOSTER STA710N TOTAL COST TO7AL AMOUNT THIS PERIOD TOTAL AMOUNT TO DATE ,>CONTRACT ur�rr `arr.. .. LS lS LS LS LS l5 lS LS LS LS LS LS LS LS LS LS lS LS lS LS LS LS LS LS LS lS lS 1 1 1 1 1 t 1 1 1 1 1 1 1 1 1 1 1 1 1 t 1 1 1 1 1 1 t 5 uHrr ; Qr aatr_F 9,400.00 14,800.00 18,S00.00 4,400.00 2,100.00 3,200.00 56,300.00 6,500.00 8,100.00 4,900.00 3,400.00 7.600.00 6,300.00 1,800.00 8,200.00 26,500.00 3,500.00 24,600.00 10,900.00 51.200.00 7,800.00 9,400.00 41,000.00 9,800.00 6,200.00 960.00 740.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1.00 0.00 0.00 0,00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 6,200.00 0.00 0.00 LS 1 545.00 1.00 545.OG 6.745.00 6,745.00 24F QTY 346,400.00 348,645.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1_00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 9,400.00 14,800.00 18,500.00 4,400.00 2,t00.00 3,T00.00 56,300.00 6.500.00 8,100.00 4,900.Od 3,400.00 7.600.00 6.300.00 1,800.00 8.200.00 26,500.00 3,500.00 24,600.00 10.900.00 51.200.00 7.800.00 8,400.00 41,000.00 9,800.00 6.200.00 960.00 740.00 1.00 545.00 348.845.00 348,645.00 DESCRIPTION TOTAL THIS PERIOD TOTAL TO OATE TOTAL COST 56,745.00 5348,645.0p 24G 8-685Q04.WK4 685-00430 I hereby certify that all items and amounts shown by this pay estimate are correct for the work completed to date. CONTRACTOR: RICHMAR CONSTRUCTION, INC. BY: � � TITLE: �1 ,� _ DATE: � 2 � ,Z _ �t �} Based on the ENGINEER'S on-site inspections as an experienced and qualified design professionat and on review of application for payment and the accompanying data and schedules, the ENGINEER has determined, to the best of his knowledge and belief, that the quantities shown by this estimate are correct and that, based on such inspections and review, that the work has progressed to the point indicated (subje�t to an eva{uation of such work as a functioning Project upon Substantial Completion, to the results of any subsequent tests required by the Contract Documents, and to any qualifications stated in his recommendation), and that payment of the amount recommended is due Contractor(s); but by recommending any payment, the ENGINEER will not thereby be deemed to have reviewed the means, methods, sequences, techniques, or proceedures of construction or safety precautions or programs incident thereto or that the ENGINEER has made any examination to ascertain how or for what purpose any Contractor has used the monies paid on account of the Contract Price, or that title to any of the work, materials, or equipment has passed to the Owner free and clear of any lein, claims, security interests or encumbrar�ces, oc that the Contractor(s) have compteted their work exactty in accordance with the Contract Documents. ENG/NEER: MSA, CONSULTING ENGINEERS Approved by Owner/Commission C/TY OF FRIDLEY, M/NNESOTA � � � �- , � � TITLE: �.• � � � � c-� DATE: � o v , 2� , \��.� BY: TITLE• �Y' �''�� `� 4 DATE: / �� ���� � I 24H