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01/22/1996 - 4846OFFICIAL CITY COIINCIL AGENDA COUNCIL MESTING JANUARY 22, 1996 ' O CIIYOF fRIDLEY FRIDLEY CITY COUNCIL MEETING ATTENDENCE SHEET M�nda.y, Janciatcy 22, 1996 7:30 P.M. PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN PRINT NAME (CLEARLY) ADDRESS ITEM NUMBER ' cjTEY E�� C,,au 2-r�.i �� rfl-K� ba-�7o .-Tu P,� 2 i�l> 1�'. o! - �7. 3 ��i. �- l. ' ,�(.1.4;' � �� t ::;.� t�� r, ��' I 7 a� -, �• 3y , , �� ,�;�� '' �5 � i ��v�� ,� � � 3 (� ' , � ,, � -r��,?��-:� � � i � /' ;. r�;'� �-,�. � �.�' ! �' �! ��t' uG �.� ( �;c e C✓<<K � erv2��° � � r �u' �� -t� �3 / � s� u ��-- �� :� .. . . {, ; ; � �, � � � � arr oF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF JANUARY 22, 1996 The City of Fridtey will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. ('TTD/572-3534) PLEDGE OF ALLEGIANCE: UPDATE: Anoka County Sheriff Larry Podany APPROVAL OF MINUTES: City Council Meeting of January 8, 1996 APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS: Second Reading of an Ordinance Establishing a New Chapter of the City Code of the City of Fridley, Chapter 221, Entitled "Stonybrook Creek Storm Water Improvement District" ................... .............. 1.01-1.04 FRIDLEY CITY COUNCIL MEETING OF JANUARY 22, 1996 Page 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: Approve Summary Ordinance of the Ordinance Establishing a New Chapter of the City Code of the City of Fridley, Chapter 221, Entitled "Stonybrook Creek Storm Water Improvement District� . . . . . . . . . . . . . . . . . . . . . . . . 2.01 - 2.02 Receive the Minutes of the Planning Commission Meeting of January 3, 1996 ..................................... 3.01-3.13 Special Use Permit, #SP 95-11, by North Country Collectibles, to Allow Retail Uses Within Industrial Buildings, and, Special Use Permit, SP #95-12, by D.V.L. Transport, Inc., to Allow Repair Garages Within Industrial Buildings, Generally Located at 1175 - 73 '12 Avenue N.E. (Ward 2) . . . . . . . . . . . . . . . . . . . . . . . 4.01 - 4.36 FRIDLEY CITY COUNCIL MEETING OF JANUARY 22, 1996 Page 3 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED� Establish Public Hearing for February 12, 1996, to Consider the 1996 Community Development Block Grant (CDBG) Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.01 - 5.04 Establish Public Hearing for February 26, 1996, for the Locke Lake Excavation Project No. 255 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6.01 - 6.03 Resolution Ordering Improvement, Approval of Plans and Ordering Advertisement for Bids: Sanitary and Storm Sewer Repair Project No. 292 . . . . . . . . . . . . 7.01 - 7.07 Resolution Ordering Advertisement for Bids; 1996 - Removal and Replacement of Miscellaneous Concrete Curb, Gutter and Sidewalk Project No. 294 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8.01 - 8.02 FRIDLEY CITY COUNCIL MEETING OF JANUARY 22, 1996 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): Page 4 Receive Bids and Award Contract for Ail Whee! Drive Articulating Front-End Loader . . . . . . . . . . . . . . . . . . . . . . . . . . . 9.01 - 9.03 Receive Bids and Award Contract for Well Repair Project No. 290 . . . . . . . . . . . . . . . . 10.01 - 10.04 Resolution Approving and Authorizing Signing an Agreement Estab(ishing Working Conditions, Wages and Hours of Police Officers of the City of Fridley Police Department for the Year 1995 . . . . . . . . . . . . 11.01 - 11.23 Approve Proposed 1996 Agreement Between the City of Fridley and the ETC Fridley Communications Workshop . . . . . . . . . 12.01 - 12.03 FRIDLEY CITY COUNCIL MEETING OF JANUARY 22,1996 Page 5 APPROVAL OF PROPOSED CON ENT AGENDA- NEW BUSINESS (CONTINUED� �� Approve Agreement for Legal Services Between the City of Fridley and Holstad & Larson, P.L.C., and Frederic W. Knaak . . . . . . . . . . . . . . . . . . . . . . . . . . 13.01 - 13.06 Approve Agreement for Legal Services Between the City of Fridley and Newquist & Ekstrum, Chartered, and Carl J. Newquist . . . . . . . . . . . . . . . . . . . . . . . . 14.01 - 14.04 Claims ................................... 15.01 Licenses ................................. 16.01-16.03 ADOPTION OF AGENDA: OPEN FORUMa VISITORS• (Consideration of Items not on Agenda - 15 Minutes) . . FRIDLEY CITY COUNCIL MEETING OF JANUARY 22, 1996 Page 6 PUBLIC HEARING: Rezoning Request, ZOA #95-01, Plat Request, P.S. #95-01, and Vacation Request, SAV #95-02, by Rottlund Homes, inc. . . . . . . . . . . . . . . . . . . . . . . . . . . 17.01 - 17.39 Informal Status Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.01 ADJOURN: :C� r � �- ��,�.- FRIDLEY CITY COUNCIL MEETING OF JANUARY 22, 1996 � �, , GTYOF The City of Fridiey will not discriminate against or harass anyone in the admission or acccss to, or treatment, or employment in F��-� its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status witli regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE• UPDATE: NEW BUSINESS (CONTINUED� Receive the Minutes of the Planning Commission Meeting of January 3, 1996 . . . . . � . . : . . . . . . . . . . 3.01 - 3.13 ��c:. C <_._�,� , Anoka CC�ounty Sheriff Larry Podany i�./ ��.._r �� .e.�e.�4.,,��(,,.r,..�r--..�..- V � � �� ',��-c � j�� r-�-r- ��v � ��- Y��"'� � Special Use Permit, #SP 95-11, by �� -�,,�-�� '`' North Country Collec6bles, to Allow ,:�.'"''""��,��. �""' Retail Uses Withi� Industrial Buildings, ai,�t.-Z'- ,.%t,�-..�-"-'�- -°� �-c;,. APPROVA� OF MINUTES• ...�--� �t�� E� ��:...�t. ,,� f and City Council Meeting of January 8, 1996 l� y.-�,.�_..C_::�'�. ��" ` � �ti,��._,,-�- , �..�--.----,- _,,,..� �'�� ►ti'�pecial Use Permit, SP #95-12, by DVL T I _ %-�.:� � � S� ��,,....r..,�.� APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS: Second Reading of an Ordinance Establishing a New �hapter of the City Code of the City of Fridley, Chapter 221, Entitled "Stonybrook Creek Storm Water Improvement District" . . . . . . . . . . . . . . . . . . . . 1.01 - 1.04 � ��-( ,�...�--�, . �. �-r�- �'-��. C�'`-z� - . ransport, Inc., to AI ow Repair Garages Within Industrial Buildings, Generally Located at 1175 - 73 % Avenue N.E. (Ward 2) . . _ . . . . . . 4.01 - 4.36 � � , � �,��..-PZ�� ,�_��- S�t�� . Establish Public Hearing for February 12, 1996, to Consider the 1996 Community Development Block Grant (CDBG) Program . . . . . . . . . . . . . . . . . . . . . 5.01 - 5.04 <�� -�-.�'` , �.-- z`/ z/y.G Establish Public Hea�ing for February 26, NEW BUSINESS: 1996, for the Locke Lake Excavation Project No. 255 . . . . . . . . . . . . . . 6.01 - 6.03 Approve Summary Ordinance of 7- � �� Z�Z,�/�� the Ordinance Establishing a New �`� � Chapte� of the City Code of the City of Fridley, Chapter 221, Entitled "Stonybrook Creek Storm Water Improvement DistricY' . _ . . . . . . . 2.01 - 2.02 Resolution Ordering Improvement, Approval of Plans and Ordering Z�� V� �� Advertisement fo� Bids: Sanitary f� - � ��,'�!W,�- and Storm Sewer Repair Project �i.,��.c�-° No. 292 . . . . . . . . . . . . . . . . . . . . 7.01 - 7.07 ` G'` . � L ..-�-'-�- �- ��z APPROVAL OF PROPOSED CONSENT AGEN�A. NEW BUSINESS (CONTINUED1 Resolution Ordering Advertisement for Bids; 1996 - Removai and Replacement of Miscellaneous Concrete Curb, Gutter and Sidewalk Project No. 294 . . . . - • - - - . . . . . 8.Q1 - 8.02 �. �:L ��-=�"_-�.- 4�'z _ Receive Bids and Award Contract for All Wheel Drive Articulating Front-End Loader . . . . . . . 9.01 - 9.03 �i'c``�. tic c:c.,.,,.2��-..�t`` ��'�`z`-..� _ � .� �` �� `S �'� ✓. . �� Receive Bids and Award Contract for Well Repair Project No. 290 .. 10.01 - 90.04 Qp� �C �r�.Nt�-�i C�+,rti"-^-��- � j,�v �'�� iLti O��a+✓ — �.s,,,-.�-�-- �-�-- �b. o�/. .�- � I,,�-a,:.�- � r z- -�' ,�� ✓�c ,e ...0 Resofution Approving and Authbnzing � � Signing an Agreement Establishing �i 7, �.3 7 Working Conditions, Wages and Hours of Police Officers of the City of Fridley Police Department for the Year 1995 . . . . . . . . . . . . . . . . . . 11.01 -1123 1.��,� ��,�-::� �� Approve Proposed 1996 Agreement Between the City of Fridley and the ETC Fridley Communications Workshop .................. 12.01-12.03 ��,�.�-t--� ,�' Approve Agreement for Legal Seniices Between the City of Fridley and Holstad 8� Larson, P.L.C., and Frederic W. Knaak . . . . . . . . . _ . . 13.01 - 13.06 G,�-��v�-`,�-��`- � ;�- � /�r�'� 3 -- �, NEW BUSINESS (CONTINUEDI: Approve Agreement for Legal Services Between the City of Fridley and Newquist & Ekstrum, Chartered, and Carl J. Newquist . . . . . . . . . . 14.01 - 14.04 �� Claims . . L��. ��--'"�`��.01 �.......... Licenses . . .1��:-:`.":`.''��: ��16.01 -16.03 ADOPTION OF AGEND/�L A; ,� ` j%�q��LL�� ""`� 'G -- ,��Yy G�W� � s`- c�� ' r 7�- /��l�'"�---- � { c•�r-.��--� OPEN FORUM. VISITORS: (Consideration of Items not on Agenda - 15 Minute.} PUBLIC HEARING: Rezoning Request, ZOA #95-01, Plat Request, P.S. #95-01, and Vacation Request, SAV #95-02, by Rottlund Homes, Inc . . . . . . . . . . . . . . . �' %�1 � -- y - �� 17.01 - 17.39 Informal Status Reports . . . . . . . . . . . . . . . 18.01 yi�+� .�e �-v� G-�' = ,� ti"/��"' "!� �-.�-C ..C. f..��- � � �` ''�� s� ,�titi�.��— � s`� �y, . 0-'�'~'`-' ,,,�_.._. c,.-,r--v,. . �-z�--d.Z�c�---� ADJOURN: C'.�.-.�.,,�, _ �;�y,,,..-� : �Cs---.-�--�- / ' c% � � � r. i THE MINUTES OF TSE FRIDL$Y CITY COQNCIL MSETING OF JANLTARY 8, 19 9 6 THE MINUTES OF THE REGIILAR MEETING OF THE FRIDLEY CITY COUNCIL OF JANOARY 8, 1996 The Regular Meeting of the Fridley City Council was called to order by Mayor Nee at 7:32 p.m. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL• MEMBERS PRESENT: MEMBERS ABSENT: APPROVAL OF MINUTES: Mayor Nee, Councilwoman Jorgenson, Councilman Billings, Councilman Schneider and Councilwoman Bolkcom None COUNCIL MEETING, DECEMBER 11 1995• Councilman Schneider stated that on Page 14, the first line, the insertion of the word "transfer" would better clarify this motion. MOTION by Councilman Billings to amend the first line on Page 14 of.the minutes by inserting the word "transfer" between the words "reserve" and "by." Seconded by Councilman Schneider. MOTION by Councilman Schneider to approve the minutes with the above amendment. Seconded by Councilwoman Jorgenson. Upon a voice vote,all voting aye, Mayor Nee declared the motion carried unanimously. APPROVAL OF PROPOSED CONSENT AGENDA• OLD BUSINESS• 1. ORDINANCE NO. 1061 UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE (VACATION REOUEST SAV #95-04 BY GARY HEDMAN) {WARD 3)• Mr. Burns, City Manager, stated that a dwelling was con- structed on top of a ten foot utility easement, and this vacation is requested to clear title. He stated that no public utilities are located in this easement, and the Plan- ning Commission approved the vacation subject to the peti- tioner dedicating a new utility easement and commissioning a survey to verify the location of the new easement. WAIVED THE SECOND READING AND ADOPTED ORDINANCE NO. 1061 ON SECOND READING AND ORDERED PIIBLICATION WITB THE STIPIILATION THAT THE PETITIONER DEDICATE A NEW OTILITY EASEMENT AND SIIBMIT A VERIFYING SORVEY. FRIDLEY CITY COIINCIL MEETING OF JANUARY 8 1996 PAGE 2 2. ORDINANCE NO. 1062 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 #95-05, BY INDUSTRIAL EOUITIES) S WARD 1) • Mr. Burns, City Manager, stated that this request is for the vacation of a drainage and utility easement at Northco Busi- ness Park. He stated that if this vacation is approved, a 24 inch storm water pipe would have to be relocated. He stated that the Planning Commission recommended approval of this vacation with two stipulations. WAIVED THE SECOND READING AND ADOPTED ORDINANCE NO. 1062 ON SECOND READING AND ORDERED PIIBLICATION WITH THE STIPIILATION THAT THE PETITIONBR SHAL7� MAINTAIN THE STORM �PATER DRAINAGL SYSTEM FROM THE MANHOLE LOCATED IN THE SOIITHEAST CORNER OF THE PARRING LOT AND THE OIITLET LOCATED AT THE INTERSECTION OF 73RD AVENIIE AND THE EAST IINIVERSITY AVENIIL SERVICE ROAD. ALSO, THE PETITIONER SHALL E%ECIITE AND RECORD AGAINST THE PROPERTY A STORM WATER POND MAINTENANCL AGREEMENT. 3. ESTABLISH PUBLIC HEARINGS FOR REZONING RE4UEST ZOA #95-01 PLAT REOUEST, P.S. #95-01, AND VACATION RE4UEST SAV #95-02 BY ROTTLUND COMPANY, INC. (WARD 1): Mr. Burns, City Manager, stated that the original public hearings were conducted July 24 and August 14, 1995. He stated that the site plan for this development in the South- west Quadrant has subsequently be�n revised and includes the following elements: 62 owner-occupied, three-story attached townhomes on the east side of Third Street and 60 owner- occupied, detached townhomes on the west side of Third Street with a mixture of one and two story units to sell between $90,000 and $120,000. He recommended that Council establish January 22, 1996 as the date for the public hearing regarding the revised plans. SET THE PIIBLIC HEARING DATE OF JANIIARY 22, 1996 FOR THE ROTTLUND COMPANY, INC. REQUESTB. NEW BUSINESS• 4. FIRST READING OF AN ORDINANCE ESTABLISHING A NEW CHAPTEI2 OF THE CITY CODE OF THE CITY OF FRIDLEY, CHAPTER 221 ENTITLED "STONYBROOK CREEK STORM WATER IMPROVEMENT DISTRICT:" Mr. Burns, City Manager, stated that this ordinance cr�ates the Stonybrook Creek Storm Water Improvement District. He stated that the district is bounded by the Mississippi River and Spring Lake Park on the west and east respectively, and by 81st Avenue and Osborne Road on the north and south, respectively. He stated that the City i5 expected to levy FRIDLEY CITY COIINCIL MBETING OF JANUARY 8, 1996 PAGL 3 $89,000 among 328 property owners in this area. He stated that bids were advertised for this project, and construction is expected to begin by mid-February, 1996. WAIVED THE READING AND APPROVE THE ORDINANCE ON FIRST READING. 5. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF DECEMBER 20. 1995: RECEIVED T8E MINIIT88 OF THB PLANNING COMMISSION MEETING OF DECEMBER 20� 1995. 6. SPECIAL USE PERMIT RE4UEST SP #95-10 BY BWBR ARCHITECTS INC.. FOR UNITY HOSPITAL TO ALLOW EXPANSION OF A HOSPITAL IN AN R-1 SINGLE FAMILY DWELLING DISTRICT, GENERALLY LOCATED AT 550 OSBORNE ROAD N E (WARD 1)_. Mr. Burns, City Manager, stated that the purpose of this addi- tion is for the creation of an ambulatory care unit. He stated that the size of this addition is 3,750 square feet, and it will have no impact on adjacent residential properties. He stated that although six parking spaces will be lost, there is space for replacement of these spaces should the City determine that is necessary in the future. He stated that staff recommends approval of this special use permit with the stipulation that the City reserves the right to require re- placement of the six lost parking spaces. APPROVED SPECIAL IISE PERMIT� SP �95-10, WITH THE STIPIILATION THAT THE CITY SHALL MONITOR THE PARRING AND TRAFFIC ON AND NEAR THE SITE AND IF THERE IS A PROBLEM, WORK WITH THE PBTI- TIONER TO RESOLVE IT, AND RESERVES THE RIGBT TO REQIIIRE RE- PLACEMENT OF THE SIR LOST PARRING SPACEB. 7. VARIANCE REOUEST, VAR #95-35 BY GARY VELISHEK, TO REDUCE THE SIDE YARD SETBACK FROM 5 FEET TO 1 FOOT TO ALLOW THE CONSTRUC- TION OF A DECK, GENERALLY LOCATED AT 8112 FAIRMONT CIRCLE N E (WARD 3): Mr. Burns, City Manager, stated that this variance is to reduce the side yard setback from five feet to one foot to allow the construction of a 9 foot by 15 foot deck. He stated that the Appeals Commission did not approve the variance to one foot but voted to allow a variance from five feet to three feet which means that the size of the deck must be reduced to 7 feet by 15 feet. He stated that there were no objections by surrounding neighbors, and staff recommends concurrence with the recommendation of the Appeals Commission. GRANTED VARIANCE REQUEST� VAR �95-35, TO REDIICE THE SIDE YARD SETBACK FROM 5 FEET TO 3 FEET TO ALLON THE CONSTRUCTION OF A DECR AT 8112 FAIRMONT CIRCLE N.E. FRIDLEY CITY COIINCIL MEETING OF JANOARY 8. 1996 PAGE 4 8. RESOLUTION NO. 1-1996 DESIGNATING OFFICIAL DEPOSITORIES FOR THE CITY OF FRIDLEY: Mr. Burns, City Manager, stated it is recommended that Norwest Bank be designated as the City's official depository for 1996. ADOPTED RESOLIITION NO. 1-1996. 9. RESOLUTION NO. 2-1996 DESIGNATING AN OFFICIAL NEWSPAPER FOR THE YEAR 1996• Mr. Burns, City Manager, stated it is recommended that Focus News be designated as the official legal newspaper for the city for 1996 and the Star Tribune as the second official newspaper for 1996. ADOPTED RESOLIITION NO. 2-1996. 10. RESOLUTION NO. 3-1996 IMPOSING LOAD LIMITS ON PUBLIC STREETS AND HIGHWAYS IN THE CITY OF FRIDLEY. MINNESOTA: Mr. Burns, City Manager, stated that this resolution imposes load limits on public streets from March 17, 1996 to May 18, 1996. He stated that trucks weighing more than nine tons are totally restricted, and trucks weighing more than four tons are restricted from all but state aid and county aid streets. He stated that school buses are exempt from this requirement. ADOPTED RESOLIITION NO. 3-1996. 11. RESOLUTION NO. 4-1996 DESIGNATING DIRECTOR AND ALTERNATE DIRECTOR TO SUBURBAN RATE AUTHORITY: Mr. Burns, City Manager, stated it is recommend that Council designate the Director of Public Works, John Flora, and the Assistant Public Works Director, Jon Wilczek, as the Director and Alternate Director to the Suburban Rate Authority. ADOPTED RESOLIITION NO. 4-1996. 12. APPOINTMENT: CITY EMPLOYEE: Mr. Burns, City Manager, stated it is recommended that Edward Hervin be appointed as City Assessor. He stated that Mr. Hervin has a Master's Degree in Management and Administration from Metro State University and a Bachelor of Arts in Economics from the University of Minnesota. He stated that he is a licensed Minnesota appraiser and a senior accredited Minnesota assessor. His past work experience has been with Washington County, the City of Minnetonka, and Chisago County, as well as experience in the private sector. FRIDLEY CITY COIINCIL MEETING OF JANIIARY 8, 1996 PAGB 5 Name CONCIIRRED NITH THE FOLLOWING APPOINTMENT BY T$E CITY MANAGER: Starting Position Salarv Edward R. Assessor $47,034.24 Hervin Exempt per year 13. 14. 15. Starting Date Replaces Jan. 17, Leon 1996 Madsen CLAIMS- AUTHORIZED PAYMENT OF CLAIM NOB. 65801 THROIIGH 66024. LICENSES• THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGOLAR AGENDA. ESTIMATES• APPROVED THE FOLLOWING ESTIMATES: Barna, Guzy & Steffen, Ltd. 400 Northtown Financial Plaza 200 Coon Rapids Boulevard, N.W. Coon Rapids, MN 55435-5489 Services Rendered as City Attorney for the Month of November/December, 1995. ..$3,988.34 No persons in the audience spoke regarding the proposed consent agenda items. Councilwoman Bolkcom asked that the licenses be removed from the consent agenda. MOTION by Councilman Schneider to approve the consent agenda items with the deletion of Item 14, Licenses. Seconded by Councilwoman Jorgenson. 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 with the addi- tion of Item 14, Licenses, from the consent agenda. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motio�n carried unanimously. OPEN FORUM, VISITORS: WARMING HOUSE CLOSINGS: Ms. Patty Phillips, 531 Mississippi Street, stated that she would like the warming house replaced at Hayes School, as it is used by FRIDLEY CITY COUNCIL MEETING OF JANUARY 8, 1996 PAGE 6 a lot of children. She stated that she credits Councilman Billings for bringing up this issue. She asked that Council reconsider a warming house for this location. Councilwoman Jorgenson stated that she has spoken with Gordon Backlund and will meet with the school district staff to discuss a permanent shelter that could be used in conjunction with recreational activities. She stated that the skating season is short, and there probably will not be another shelter there this year. She stated that possibly the City could work with the hockey association regarding installation of the warming houses. She stated that she did not receive any telephone calls, as Councilman Billings had, regarding the removal o� the warming houses. Councilwoman Bolkcom stated that the plan is to meet with the hockey•association and other interested parties. She stated that if the City could share the costs with the school and some volunteer labor, perhaps from the hockey association, she felt that possibly the warming houses could be replaced. Ms. Phillips stated that she feels the warming houses are important for the children, and she thanked Council for their time. Mr. Greg Potasck, 310 62nd Way, stated that he was one of the in- dividuals that called regarding the removal of the warming houses and ice skating facilities. He stated that this is not a hockey issue but an issue of facilities for the citizens of Fridley. He stated that he was happy about the change in Councilwoman Jorgenson's position, as she previously indicated that she would not support the return of those warming houses. He stated that it is the neighborhood children that are most affected by removal of these warming houses. He urged Council to unite on this matter and fund the facilities. Councilman Schneider asked Mr. Potasck where he would suggest the City obtain these funds. Mr. Potasck stated that, if necessary, the funds should come from Council's salaries. He stated that he works as a volunteer for the Fridley Youth Sports Association and spends hundreds of hours volunteering his time for youth sport activities. Councilman Schneider asked if he was representing the Fridley Youth Sports Association this evening. Mr. Potasck stated that he was representing them, as he was the Chairperson. He stated that there is $96,000 budgeted for the City Council and, as he understands, for $12,000 the City could have temporary warming houses. Councilwoman Jorgenson stated that if funds were used from the Council budget that $12,000 would eliminate two councilmembers. FRIDLEY CITY COIINCIL MEETING OF JANUARY 8 1996 PAGE 7 Mr. Potasck stated that he was only answering the question on where funds should be taken for the warming houses. Councilwoman Bolkcom stated that she wouid suggest a meeting to try to work out a solution. Councilman Schneider stated that he would agree. He said that the reason the warming houses were closed was because of necessary budget cuts and the fact that there was some question regarding the safety of the structures. He stated that he would invite Mr. Potasck to attend the budget work sessions where decisions have to be made and what may be the tradeoffs. Mr. Potasck stated that he was told specifically that the warming houses were closed for budget reasons. He felt that a well managed Council could find the funds to provide services to the citizens and solve this problem. Councilman Schneider stated that Council has made many budget cuts which also covered personnel. He felt that Mr. Potasck was greatly oversimplifying the issue, but he had no objection to working to- gether to try to find a solution. He pointed out, however, that for non-budgeted items, a four-fifths vote of the Council is necessary for expenditures. Mayor Nee stated that the City would like to meet and discuss this issue with the volunteers to try to come up with a solution but not disrupt the budget process. Mr. Potasck stated that what they want is Council's support to re- open the warming houses. Councilwoman Jorgenson stated that Council will be looking at all funds expended towards the recreational programs. Ms. Doreen Halverson, 31 65-1/2 Way N.E., stated that her neighbor- hood is concerned about the closing of the rinks. She stated that they do not have the ice rink which was previously located near Redeemer Lutheran Church and greatly used by the youth, as well as adults. She stated that people do care that the rinks are not there, but do not know what can be done. Mr. Tom Gliadon, 7131 Riverview Terrace, stated that he wished to make a plea for the warming houses to be reopened. He stated that he has enjoyed the warming houses at Hayes and Stevenson schools and supports what has to be done to have these reopened. RENTAL ORDINANCE (CHAPTER 220 OF THE CITY CODE): Ms. Carol Eilola, 6347 5th Street, stated that she resides in the Village Green apartments and is concerned about the rental ordinance, Chapter 220. She stated that she knows the ordinance FRIDLEY CITY COIINCIL MEETING OF JANUARY 8. 1996 PAGE 8 was passed to try to protect the landlords, as the City was having problems with rental property. She stated that what is happening is if a person calls the Police Department to report a cri�e or for assistance, they receive a violation. She stated that the majority of the people in the apartments will no longer call the police. Councilwoman Jorgenson stated that if a person is the victim, they should not be receiving a violation. Ms. Eilola stated that one person has received thirteen violations and is being evicted. She stated that people are afraid to call the police. She stated that there is another person who has been subj ected to domestic violence, and she will no longer call the police for fear of being evicted. Ms. Eilola stated that she has given her notice and will be moving out af Fridley, as she does not feel safe. Mayor Nee stated that Council will ask staff to determine if the ordinance is being abused and report back to Council. Councilman Billings stated that the circumstances that IKs. Eilola described were certainly not the intention of the ordinance. He stated that there is obviously some misunderstanding on the part of the tenants, management, or the Police Department. He suggested that a meeting be established with the tenants of Village Green to meet with their neighborhood officer for their particular area to explain the ordinance and the purpose behind it. Councilwoman Jorgenson suggested that the Crime Prevention Specialist, Julie Swanson, attend the meeting, as it seems there is some victimization. Ms. Mary Ann Walker, 6489 5th Street, stated that she received several violations for calling the police, and she is now losing her apartment because of these violations. Mr. Mark Shirley, 6359 5th Street, stated that one area of this ordinance that concerns him is the penalties. He stated that if charges are brought against you, whether or not you win or lose, it still is a strike against you. He felt that this was an important issue. OLD BUSINESS: 16. RESOLUTION NO. 5-1996 AUTHORIZING THE TRANSFER OF UP TO �190,000 FROM THE CLOSED BOND FUND TO THE SOLID WASTE ABATE- MENT FUND (TABLED DECEMBER 11, 1995): Mayor Nee removed this item from the table. Mr. Pribyl, Finance Director, stated that this is a housekeeping item to authorize the transfer of up to $190, 000 to fund the Clean- FRIDLEY CITY COUNCIL MEETING OF JANOARY 8. 1996 PAGE 9 Up Week. He stated that these funds would be used to take care of the unbudgeted portion of that activity. MOTION by Councilman Schneider to adopt Resolution No. 5-1996. Seconded by Councilworaan Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 17. VARIANCE REQUEST, VAR #95-31 BY ANTHONY AND JOYCE SWANSON TO REDUCE THE SIDE YARD SETBACK FROM A STREET RIGHT-OF-WAY FROM 17.5 FEET TO .5 FEET TO ALLOW RECONSTRUCTION OF A GARAGE, GENERALLY--LOCATED AT 6601 LUCIA LANE N E (WARD 2) (TABLED NOVEMBER 27,1995)• Mayor Nee removed this item from the table. Mr. Hickok, Planning Coordinator, stated that staff was asked to review the advantages and disadvantages of vacating 66th Avenue. He stated that the disadvantages are that the vacation of 66th Avenue would eliminate an access alternative to Lucia Lane should the State or County construct a median in Mississippi Street. He stated that in the event a median is constructed at a length that limits turning movements to Lucia Lane, or to head east on Mississippi Street from Lucia Lane, constructing a connection from Pierce Street to 68th Place would be an alternative that would allow residents to get back to Lucia Lane. Mr. Hickok stated that another disadvantage is north of Pierce Street is zoned for multi-family tion of 66th Avenue would force traffic to use versus using 66th Avenue for east bound traffic. the vacation of 66th Avenue would also eliminate of-way and a lower street cost when comparing Street and Lucia Lane connection. the land to the and the elimina- Lucia Lane alone He stated that a shorter right- it to the Pierce Mr. Hickok stated that another disadvantage is that utilities are currently in place in the 66th Avenue alignment, and a right-of- way allows for a combination of both street and utilities. He stated that although an easement could be reserved, the right-of- way is more efficient. He stated that the official mapping process for the Pierce Street extension is far more lengthy than simply installing the improvements to an existing right-of-way. Mr. Hickok stated that the advantages of the vacation of 66th Avenue are that it creates an interior lot for the petitioners, and they could then construct a double garage without requiring a variance. He stated that other advantages to vacation are the adjacent property owners could continue to use the property legally, it increases the tax base to the City, and eliminates the potential of a future road too close to accessory structures. Councilman Schneider was concerned about the. construction and length of a median that would block or limit access to this area. FRIDLEY CITY COUNCZL MEETING OF JANUARY 8, 1996 PAGE 10 Mr. Hickok stated that the right-of-way is in place for such an improvement; however, the design and length of the median is yet to be determined. He stated that from information he has received from the County, this intersection improvement would not occur for five to ten years. Councilman Billings stated that staff was requested to review the pros and cons of vacating 56th Avenue. He stated that staff states that the County has plans to construct a median in the future. He stated that if this is the case, there would be public input, but since Mississippi Street is a County road, the decision for the design would be with the County Board. He stated that staff has done a good job of reporting the advantages and disadvantages, but it is up to Council to make a reasonable decision based on the information available. Councilman Schneider stated that his only point is that he believes, generally, the County does listen to the Council and would not try to block access to the neighborhoods. He stated that it seems to him if greater than a 300 foot median was proposed, the County would have to provide cuts, protected lane movements, 6r signalization. MOTION by Councilman Schneider to grant Variance Request, VAR #95-31, to reduce the side yard setback from a street right-of-way from 17.5 feet to .5 feet. Further, that this is an extremely unique situation as the variance is to a platted, but yet unpaved right-of-way and while there is a possibility in the future it could be completed, it is almost conjecture. Seconded by Councilwoman Jorgenson. Councilman Billings asked what the largest variances granted in the past for this type of situation were. Mr. Hickok stated that there was a variance from 17.5 feet to 14.27 feet for a corner lot. Councilman Billings stated that the Appeals Commission has unani- mously recommended denial of this variance request. He stated that he is unable to determine the hardship as required by the Minnesota State Statutes. Mr. Hickok said that State Statute requires a hardship related to the physical characteristics of the land. He stated that in this case, the petitioner desires to build at the location of an existing garage. Councilman Billings stated that he believes in the integrity of the zoning ordinance and cannot support this motion. Councilman Schneider asked how many variance requests the City received for encroachment in the side yard. FRIDLEY CITY COiTNCIL MEETING OF JANIIARY 8 1996 PAGE 11 Mr. Hickok stated that there were several, and all side yard variances that were granted were in the range of about fifteen feet. Mayor Nee stated that Councilman Billings' point was well taken. He felt, ir. practical terms, this was an extraordinary situation. Councilman Billings stated that the only thing he finds unique about this request is that, at this time, the street is undeveloped. He stated that throughout the hzstory of the City, there have always been streets �hat were undeveloped. To grant a variance adjacent to a street merely because it is undeveloped is not the kind of thing he felt the City should be doing. Councilman Schneider stated that there is an existing garage there, and this is only a two foot difference against vacant property. He stated that while he agrees that the integrity of the zoning code is important, the petitioner is making effective use of the garage now. He stated that the alternatives are costly, and it does not make sense ta not allow the variance. He stated that a long-time resident wishes to improve his property, increase the tax base, and this seems a reasonable tradeoff. UPON A ROLL CALL VOTE TAKEN ON THE ABOVE MOTION, Councilman Schneider, Councilwoman Jorgenson, Councilwoman Bol.kcom 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. 18. VARIANCE RE4UEST, VAR #95-34, BY ERICKSON OIL PRODUCTS INC TO INCREASE THE MAXIMUM SIZE OF A FREE-STANDING SIGN FROM 80 S UARE FEET TO 126 S UARE FEET GENERALLY LOCATED AT 7600 UNIVERSITY AVENUE N E (WARD 3� (TABLED DECEMBER 11 1995)• Mayor Nee removed this item from the table. Mr. Hickok, Planning Coordinator, stated that this is a request to increase the size of a free standing sign from 80 square feet to 126 square feet at 7600 University Avenue. He stated that in re- viewing the conditions for a variance, the petitioner has not met four conditions. He stated that the Appeals Commission has recommended denial of this request and staff concurs. The petitioner was not present at the meeting. MOTION by Councilwoman Bolkcom to deny Variance Request, by Erickson Oil Products, Inc. Seconded by Councilman Upon a voice vote, all voting aye, Mayor Nee declared carried unanimously. VAR #95-34 Schneider. the motion FRIDLEY CITY COUNCIL MEETING OF JANUARY 8, 1996 PAGE 12 NEW BUSINESS• 19. VARIANCE RE4UEST, VAR #95-36 BY DEALERS MANUFACTURING CO TO REDUCE THE SIDE YARD SETBACK FROM 20 FEET TO 2.9 FEET TO ALLOW THE CONSTRUCTION OF AN 83 BY 88 FOOT ADDITION TO THE REAR OF AN EXISTING INDUSTRIAL BUILDING, GENERALLY LOCATED AT 5130 MAIN STREET N.E. (WARD 3): Mr. Hickok, Planning Coordinator, stated that this is a request for a variance to reduce the side yard setback from 20 feet to 2.9 feet to allow the construction of an 83 foot by 88 foot addition to the rear of an existing industrial building at 5130 Main Street. He stated that when originaily constructed, this building was less than five feet from the lot line, and there were variances to allow additions to this structure. Mr. Hickok stated that the Appeals Commission recommended approval of this variance with four stipulations which he outlined, as follows: (1) the petitioner shall conduct soil borings in the area of the addition if coritaminated soil exists. All contaminated soil will be removed from the site prior to issuance of a building permit; f2) the petitioner shall relacate the above ground fuel storage tank in compliance with the Uniform Fire Code and all Fire Department permitting requirements; (3) the petitioner and the property owner to the north shall execute and record a maintenance agreement against both properties to ensure proper maintenance of both buildings; and (4) the shared driveway west of the addition shall be designed in a manner that provides a safe passage and distance between vehicular travel and the building addition. This driveway shall be approved by City staff prior to issuance of a building permit. Councilwoman Bolkcom stated that West Central Environmental Consul- tants submitted a letter dated December 27, 1995 responding to the first stipulation regarding soil contamination. She felt that it may be best for the petitioner to discuss the soil borings analysis, as they are in an on-going program for monitoring pollu- tion on the site. Mr. Steve Schwartz, representing Dealers Manufacturing, introduced Jeff Hanratty, Project Engineer, from West Central Environmental Corisultants. Mr. Hanratty stated that 67 soil borings have been taken in the last seven years. He stated that contamination below �he ground water table interface exists on the western half of the site, including the proposed building addition footprint. He stated that ground water contamination exists from 30 feet to 70 feet below land surface and cannot be excavated as noted in Stipulation No. 1 due to its depth and volume. He stated that, consequently, this contamination will be treated using "in-place" methods. FRIDLEY CITY COUNCIL MEETING OF JANUARY S 1996 PAGE 13 Mr. Hanratty stated that in the past, degreasing solvents were used for cleaning parts and dispersed into the sanitary sewer system into a flammable waste trap which leaked. He stated that they are proposing to use a pump out well and are in the process of getting an industrial waste water permit to contain the contamination to their property. He stated that to address the soil contamination and ground water contamination on site, a remedial pump will be installed inside the building to treat the soil and ground water. Mr. Schwartz stated that they would like the first stipulation removed because they have done the soil borings on the property. He stated that 67 soil borings have been done on the property. The report has been submitted to the Minnesota Pollution Control Agency, and he did not want to have to do these borings again. Mr. Hickok stated that he did not feel the borings had to be conducted again, but the City would like to see the results and data. Councilman Billings stated that Stipulation No. 1 states that all contaminated soil would be removed from the site prior to issuance of a building permit. He clarified that this pertained only to the addition and "site" means the specific area of the addition and not the entire parcel. Councilman Billings asked if the contaminants found on the site are the only ones that are at levels necessary for abatement. Mr. Hanratty answered in the affirmative. Councilman Billings asked if they have received a reply from the Minnesota Pollution Control Agency approving their plan to remedy the problem. Mr. Hanratty stated that they have written a report suggesting a remedy, and the Minnesota Pollution Control Agency has reviewed their draft of the report. Councilman Billings asked Mr. Hanratty to provide staff with a copy of this letter. Mr. Hanratty reviewed the comments from the Minnesota Pollution Control Agency and their approval of installing a ground water pump system. He stated that they have to respond to those comments and submit a final report. Councilman Billings stated that the City likes to obtain assurances that any problems with the site are being addressed. MOTION by Councilwoman Bolkcom to grant Variance Request, VAR #95-36, to reduce the side yard setback from 20 feet to 2.9 feet with the following stipulations: (1) the petitioner shall conduct soil borings in the area of the addition if contaminated soil FRIDLEY CITY COUNCIL MEETING OF JANIIARY 8. 1996 PAGE 14 exists. All contaminated soil will be removed from the site prior to issuance of a building permit; (2) the petitioner shall relocate the above ground fuel storage tank in compliance with the Uniform Fire Code and all Fire Department permitting requirements; (3) the petitioner and the property owner to the north shall execute and record a maintenance agreement against both properties to ensure proper maintenance of both buildings; and (4) the shared driveway west of the addition shail be designed in a manner that provides a safe passage and distance between vehicular travel and the building addition. This driveway shall be approved by City staff prior to issuance of a building permit. Further, to amend Stipulation No. 1 by inserting the word "addition" before the word "site." Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. 1996 CITY COUNCIL APPOINTMENTS TO VARIANCE AGENCIES: ' AND LIST OF COMMISSION MEMBERS WHOSE TERMS EXPIRE APRIL 1 AND JUNE 9, 1996• Mavor Pro Tem• MOTION by Councilman Billings to nominate Councilwoman Jorgenson for Mayor Pro Tem for 1996. Seconded by Councilwoman Bolkcom. There being no further nominations, an unanimous ballot was cast for the appointment of Councilwoman Jorgenson as Mayor Pro Tem for 1996. MOTION by Councilman Billings to re-appoint. the same representa- tives for 1996, as were appointed in 1995, to the following agencies: Anoka County Law Enforcement Council (1 Representative and 1 Alternate): Councilman Schneider, Representative Councilwoman Jorgenson, Alternate Suburban Rate Authoritv (1 Member and 1 Alternate): John Flora, Public Works Director, Rep. Jon Wilczek, Asst. Public works Director, Alt. Association of Metropolitan Municipalities: Councilwoman Jorgenson, Delegate Councilwoman Bolkcom, Alternate School District Nos. 13 and 14 Representative: Councilwoman Bolkcom, Representative Councilman Billings, Alternate FRIDLEY CITY COIINCIL MEETING OF JANUARY 8 1996 PAGE 15 School District No. 16 Representative• Councilman Billings, Representative Councilman Schneider, Alternate Leaaue of Minnesota Cities• Councilman Billings, Representative Councilwoman Jorgenson, Alternate North Metro Convention & Visitors Bureau• William Hunt, Asst. to the City Manager Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to table the Commission appoint- ments, direct staff to poll the Commission members to determine if they wish to be re-appointed, and to provide a list on the attendance. Seconded by Councilman Billings. Upon a voice vote, all 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. MOTION by Councilman Billings to amend the motion by deleting the license for Great Plains Assistance Dogs Foundation, Inc. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 21. INFORMAL STATUS REPORTS: Mr. Burns, City Manager, stated that during the conference session a representative from MEPC will provide an update on the Lake Pointe site. He stated that he would also like to discuss the drop-in center, which is part of Project Safety Net; conclude the attorney selection process; and review proposed liquor store sites. ADJOURNMENT• MOTION by Councilman Schneider to adjourn the meeting. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting FRIDLEY CITY COi1NCIL MEETING OF JANIIARY 8. 1996 PAGE 16 of the Fridley City Council of January 8, 1996 adjourned at 9:22 p.m. Respectfully submitted, Carole Haddad William J. Nee Secretary to the City Council Mayor Engineennc, Sewer 1h'ater TO: William W. Bums, City Manager ��r /fy PW96-014 FROM: � John G. Flora, Public Works Director DATE: January 22, 1996 SUBJECT: Stonybrook Creek Storm Water Improvement District On December 11, 1995 the Council conducted a public hearing for establishing Chapter 221 of the Fridley City Code "Stonybrook Creek Storm Water Improvement District.' The first reading of the ordinance was held on January 11, 1996. The second reading is scheduled for January 22, 1996. The Stonybrook Creek storm water improvement district provides for the ad valorem assessment of the cost to the Fridley residents for the Stonybrook Creek improvement project. To facilitate the funding and initiation of the project, recommend City Council approve the second reading and order publication of Chapter 221 entitled °Stonybrook Creek Storm Water Improvement District." JGF:cz Attachment 1.01 � _� .0 . ..,;� � ORDINANCE NO. AN ORDINANCE ESTABLISHING A NEW CHAPTER OF THE CITY CODE OF THE CITY OF FRIDLEY, CHAPTER 221 ENTITLED "STONYBROOK CREEK STORM WATER IMPROVEMENT DISTRICT" The City Council of the City of Fridley does ordain as follows: CHAPTER 221 STONYBROOK CREEK STORM WATER IMPROVEMENT DISTRICT 221.01. PLAN The Six Cities Watershed Management Organization (WMO) Plan approved in September 1988 has been adopted and implemented by the City through the establishment of the erosion control, wetland and critical area ordinances as well as the capital improvement program. The Stonybrook Creek storm water improvement project is a result of this plan. 221.02. PURPOSE The purpose of this ordinance is to establish a special tax district for a storm water improvement for properties within Fridley in the Stonybrook Creek sub-watershed. This district will allow for the levying and collection of ad valorem taxes on the properties within the District. District-wide storm water, as well as run-off from properties immediately adjacent to this project has contributed to erosion of Stonybrook Creek. 221.03. LOCATION The special tax district for Stonybrook Creek is identified in Appendix A. 221.04. COST The cities of Fridley and Spring Lake Park have recognized the continued erosion problem along Stonybrook Creek from East River Road west to the Mississippi River. As a solution to this problem, the City of Fridley has agreed to initiate repairs sharing the cost proportionately with the City of Spring Lake Park and the adjoining land owners. The City of Fridley will contribute to the cost of the project. Said payments shall be funded through the special tax district. The City of Spring Lake Park, having properties which contribute to the storm water drainage into Stonybrook Creek, has agreed to pay the City of Fridley $50,000 for a one-time improvement project on Stonybrook Creek. The abutting residents to Stonybrook Creek, after petitioning the City to correct the erosion problem, having agreed by petition to contribute $2,000 per lot to the project. i.02 Page 2 -- Ordinance No. 221.05. PROJECT This project is designed to correct the erosion problem by extending the culvert from East River Road west behind the first five properties and establishing a controlled drainage ditch for the remainder of the creek's run. 221.06. ESTABLISHMENT OF SPECIAL TAX DISTRICT The properties within the Stonybrook Creek sub-watershed district are determined to contribute to the erosion problem and are therefore subject to an ad valorem tax for their contribution to the area surface water run-off. In accordance with the approved Six Cities Watershed Management Plan established through a Joint Powers Agreement and Minnesota Statutes Chapter 103, the Stonybrook Creek sub-watershed ad valorem special tax district is established for the Stonybrook Creek storm water improvement project No. 246. This ordinance shall be effective from, and after its adoption and publication as provided by City Charter. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1995. ATTEST: WILLIAM A. CHAMPA - CITY CLERK Public Hearing: First Reading: Second Reading: Publication: WILLIAM J. NEE - MAYOR December 11, 1995 January 8, 1996 1.03 STONYBROOK CREEK IMPROVEMENT PROJECT NO. 246 1.04 Eng�neering Sewer A31C/ if'�rkt Sueets �M11a�.ntenance TO: William W. Bums, City Manager FROM: John G. F1ora,�Public Works Director DATE: January 22, 1995 SUBJECT: Summary Ordinance PW96-007 With the CounciPs approval of the second reading of the ordinance establishing Chapter 221 "Stonybrook Creek Storm Water Improvement Project,° recommend the Council approve the attached summary description of the ordinance for publication. Publication of the summary ordinance reduces the total cost of the notice and still provides adequate notice to the public of the action taken by the Council. Recommend the City Council approve the summary ordinance for publication. JcF:cz Attachment 2.01 I�� .0 . �i�i� � ORDINANCE NO. I. Title An ordinance establishing Chapter 221 entitled "Stonybrook Creek Storm Water Improvement District" to the Fridley City Code. II. Summarv The City Council at their January 22, 1996 meeting approved Ordinance No. establishing Chapter 221 - Stonybrook Creek Storm Water Improvement District. This ordinance establishes a special taxing district in lieu of an annual assessment process. The District generally incorporates the area bounded by University Avenue, 81st Avenue, Burlington Northern railroad tracks, 79th Avenue, East River Road, Pearson Way, Bellaire Way, the Mississippi River, Osborne Way and Osborne Road. It provides for the levying and collection of ad valorem taxes on the properties within the District to correct the erosion problem occurring on Sionybrook Creek west of East River Road to the Mississippi River. III. Notice This Title and Summary have been published to clearly inform the public of the intent and effect of the City of Fridle�s Storm Vt�ater Improvement District ordinance. A copy of the ordinance, in its entirety, is available for inspection by any person during regular business hours at the offices of the City Clerk of the City of Fridley, 6431 University Avenue N.E., Fridley, MN ��432. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THE 22ND DAY OF JANUARY, 1996. ATTEST: WILLIAM A. CHAMPA - CITY CLERK Public Hearing: First Reading: Second Reading: Publication: December 11, 1995 January 8, 1996 January 22, 1996 February l, 1996 February 8, 1996 WILLIAM J. NEE - MAYOR 2.�2 CITY OF FRIDLEY PLANNING COMMI88ION MEETING'�� JANUARY 3� 1996 CALL TO ORDER• Vice-Chairperson Kondrick called the January 3, 1996, Planning Commission meeting to order at 7:31 p.m. ROLL CALL• Meinbers Present: Dave Kondrick, Diane Savage, LeRoy Oquist, Dean Saba, Brad Sielaff, Connie Modig Members Absent: Dave Newman Others Present: Scott Hickok, Planning Coordinator Dan Ryan, North Country Collectibles Scott Lund, Rite-Way Mobile Home Repair, Inc. David Theede, D.V.L. Transport, Inc. Larry Theede, D.V.L. Transport, Inc. APPROVAL OF DECEMBER 20, 1995 PLANNING COMMISSION MINUTES: MOTION by Mr. Sielaff, seconded by Ms. Modig, to approve the December 20, 1995, Planning Commission minutes as written. IIPON A VOICL VOTE, ALL VOTING AYL, VICE-CHAZRPERSON RONDRICR DECLARED THL MOTION CARRIED QNANIMOIISLY. 1. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT SP #95-11. BY NORTH COUNTRY COLLECTIBLES: Per Section 205.17.O1.C.(3) of the Fridley City Code, to allow retail uses within industrial buildings on Lot 2, Block l, Central View Manor 3rd Addition, generally located at 1175 -73 1/2 Avenue N.E. AND PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT SP �95-12, BY D.V.L. TRANSPORT, INC : Per Section 205.17.O1.C.(9) of the Fridley City Code, to allow repair garages within industrial buildings on Lot 2, Block 1, Central View Manor 3rd Addition, generally located at 1175 -73 1/2 Avenue N.E. MOTION by Mr. Oquist, seconded by Mr. Saba, to conduct the public hearings simultaneously, to waive the reading of the public hearing notice and to open the public hearing. IIPON A VOICE VOTE� ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR DECLARED THl3 MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 7:34 P.M. 3.01 PI,ANNING COMMISSION MEETING. JANUARY 3, 1996 PAGE 2 Mr. Hickok stated Special Use Permit request #95-11 is by North Country Collectibles, a retail merchandise operation located within an M-1, Light Industrial, district. Special Use Permit request #95-12 is by D.V.L. Transport, Inc., to allow truck repair in the M-1 district. The property is located on the north side of 73 1/2 Avenue between Highway 65 and Central Avenue. Mr. Hickok stated, in April 1994, the City Council held a public hearing for construction of a new office/warehouse complex of 13,000 square feet on this site. There were separate land use actions requested to rezone a portion of the property, to vacate an easement on the property, and to allow the use as proposed. The City Council approved those actions and a plat in July 1994. The construction of the building is now nearly complete. The landscaping is installed. Parking installation has occurred. Mr. Hickok stated North Country Collectibles is a request to allow a 1600 square foot retail space within this office/warehouse complex. The code allows a certain mix of retail in an industrial building provided the retail area does not exceed 5,000 square feet or 30� of the building. In this case, North Country Collectibles represents 12� of the space within the building and falls within the code requirements for this location. Mr. Hickok stated the parking supply, according to code, is to be sufficient for that retail space. The staff report included in the agenda provided information on how much parking would be required for each of the uses within the complex. Initially, it was indicated this would be an office/warehouse mix, and a speculative formula of one parking space per 700 square feet was used to determine parking needs. The uses have gone toward small industrial spaces with their own parking demands. Therefore, one of the stipulations relates to future parking needs and allowing additional parking on the north side of the building. The code requires that the existing level of service on the roadways not be affected by the retail use. Staff did an analysis and determined the numbers are negligible in terms of the i�pact to 73 1/2 Avenue. Mr. Hickok stated the proposal should be compatible with surrounding uses. Staff has previously indicated that the retail use under 30� of the building space is appropriate in the M-1 district. Mr. Hickok stated the code indicates the building owner or agent should be responsible for informing prospective and future tenants that the property is zoned for industrial use and that there are some limitations on the retail and other types of uses in the building. Staff recommends approval of the request by 3.02 PLANNING COMMISSION ME$TING JANUARY 3 1996 PAGB 3 North Gountry Collectibles with the following stipulations: l. Owner shall provide adequate parking on-site for uses within the building. If parking demand exceeds parking accommodations, a modification of the rear parking/storage area may be required. 2. Any new lighting associated with this use shall be downcast security/safety lighting and shall not exceed a footcandle measurement deemed appropriate, by City staff, for the specific location. 3. The completed/approved (Rite-Wayj site plan including a11 code required elements such as: concrete or asphalt parking surfaces, B6-18 curbing around the perimeter of all parking surfaces, screening walls or fences, specific landscape plant materials, plant locations, and irrigation for the front and side yards shall be adhered to with any modification requiring review and approval by City staff. 4. No outdoor portion of this M-1 property shall be utilized for display or sales. 5. Drive aisles shall be provided and kept free of vehicles to allow circulation and access for police and emergeney vehicles. 6. Deliveries to the retail operation shall be done in a manner that does not disrupt parking or entrance to other businesses within this complex. 7. All signs shall be consistent with the comprehensive building sign plan approved by the City Council. • 8. All existing non-compliant signs shall be removed from the site and shall be replaced by proper signage within 45 days of final City Council approval of this special use permit. 9. Owner shall provide information about 30� maximum retail to present and future retailers in complex so that they are aware of the limited expansion potential for retail within the building. Mr. Hickok stated the petitioner has responded to these stipulations and has stated he has no objections. Mr. Hickok stated Special Use Permit #95-12 is for D.V.L. Transport to allow truck repair in an M-1, Light Industrial, district. The code does allow a special use permit for truck repair in an M-1 district. In December 1994, Mr. Lund had 3.03 PLANNING COMMISSION MEETING. JANQARY 3, 1996 PAGB 4 requested special use consideration to allow a repair garage in the complex. The request was withdrawn. D.V.L. Transport is similar but, rather than repair passenger vehicles, repairs large scale tractor/trailers. Mr. Hickok stated staff has reviewed the request. Staff recommends approval of the request with the following stipulations: 1. Motor vehicles stored outside shall not exceed 15 feet in height. 2. Screening materials are provided as in Section 205.17.06.G(1)(a). 3. Motor vehicle storage is conducted as provided in Section 205.17.07.D(5j. 4. Lighting associated with storage shall be downcast security/ safety lighting and shall not exceed a footcandle measurement deemed appropriate, by City staff, for the specific location. �. The completedyapproved (Rite-Way) site plan including all code required elements such as: concrete or asphalt parking surfaces, B6-18 curbing around the perimeter of all parking surfaces, screening walls or fences, specific landscape plant materials, plant locations, and irrigation for the front and side yards shall be adhered to with any modification requiring review and approval by City staff. 6. No outdoor portion of this M-1 property shall be utilized for display or sales. 7. Drive aisles shall be provided and kept free of vehicles to allow circulation and access for police and emergency vehicles. 8. No junk or inoperable vehicles shall be stored on site. 9. All screening fence installations shall meet the minimum building setback requirements from any street property line. 10. All signs shall be consistent with the comprehensive building sign plan approved by the City Council. il. All existing non-compliant signs shall be removed from the site and shall be replaced by proper signage within 45 days of final City Council approval of this special use permit. 3.04 PLANNING COMMISSION MEETING, JANUARY 3, 1996 PAGE 5 12. No outdoor repair of motorized or non-motorized vehicles shall be permitted. 13. All existing outdoor storage shall be moved to hard-surfaced parking area, stored indoors, or removed from site completely. 14. The rear area screening gate shall be kept closed to provide adequate screening between storage area and the public right-of-way. Mr. Kondrick asked if there were any questions of staff pertaining to North Country Collectibles. Mr. Sielaff asked what the circwnstances are for North Country Collectibles already being in the complex. Mr. Hickok stated staff were not aware until a recent site visit that this operation was already in the building. When this was recognized, staff talked with Mr. Lund who then came in with the special use application. Mr. Sielaff stated the business could potentially have high traffic volume. How will staff determine if demand exceeds parking accommodations? Mr. Hickok stated staff will have to monitor. It is possible that on weekends this business could have a high demand parking situation. Staff will let the police department know this is a stipulation so they can do random inspections. During regular business hours, the code enforcement officer will be asked to make random checks to see that parking does not exceed the designated parking. If these observations reveal parking on the street or in the driveway beside the building, staff will ask the owner to designate additional parking behind the building. Mr. Sielaff asked if this would be true of any situation where there was parking on the street. Mr. Oquist stated he thought this would be true only if the parking lot was full. Staff cannot control those who choose to park on the street and not in the lot. Mr. Hickok stated this was correct. This would have to be a "bursting at the seams" type of situation where the lot was constantly full and patrons have to park elsewhere. Mr. Kondrick stated he did not think the square footage of the business would generate a great amount of traffic. There may be a problem, however, in conjunction with the other businesses. 3.05 PLANNING COMMISSION MEETING. JANUARY 3, 1996 PAGE 6 Mr. Lund, owner of the property, stated regarding parking, North Country Collectibles does not draw a significant amount of traffic. They average one or two vehicles per day visiting that facility. They do not anticipate any parking concerns. Mr. Ryan, owner of North Country Collectibles, stated the business carries baseball cards, comics, stamps for collectors, etc. Because of the location, it is hard to find. Mr. Lund stated 95� of the business is outside the facility at collectible shows, although Mr. Ryan does display collectibles at this location. Mr. Sielaff asked if Mr. Ryan did any promotions. Mr. Ryan stated he goes to three to four shows a month outside this facility. Mr. Sielaff asked if Mr. Lund was aware that he needed a special use permit. Mr. Lund stated, at the time of construction, they were going to have mechanics in this facility. The former business operation was not conducive to their operation in that they could not bring vehicles into that small of a building. They then built a bigger building in order to bring vehicles inside. He understood that the special use permit was needed because they were doing mechanical work on vehicles for others. What he has learned is that, before he leases, rents, or does anything further with the building or any tenants, he will just call the City to see if it fits. Mr. Kondrick asked if there were any comments regarding the stipulations. Mr. Lund stated he had no problem with the stipulations. Mr. Kondrick asked if the Commission members had any questions or comments regarding D.V.L. Transport, Inc. The Commission members had no questions of staff. Mr. Kondrick asked the petitioner if they had any comments. Mr. Lund introduced Mr. David Theede and Mr. Larry Theede, owners and operators of D.V.L. Transport, Inc. Mr. Lund stated they had anticipated mechanics coming into this facility. They were doing some outside work. Therefore, this would require a special use permit. Mr. Kondrick asked if there were any comments regarding the 3.06 PLANNING COMMIS_SION ME$TING. JANIIARY 3. 1996 PAGB 7 stipulations. Mr. L. Theede stated he understood the stipulations. They were not in business to put junk out there. They keep things clean in the area. Mr. Lund stated, in reviewing the stipulations, #13 refers to moving existing outdoor storage. He asked if this alludes to the cement blocks that are in that area. Mr. Hickok stated cement blocks were used as an example. Along the western lot line by the landscaped area, there are some items stored. Mr. Lund stated in his business of being a mobile home transport and set up company he buys a number af cement blocks. They put these blocks in what is the storage area which is the along the fenced portion of the building. Along the fence line, they did put in landscape rock rather than sod which is less work to maintain. Behind the fence, which is screened, they keep the blocks on pallets and stored off the curb along the fence on the area of landscape rock. This is behind the qate and cannot be seen unless the gate is open. They are not kept in the parking area because the blocks would be in the way. The pallets are very heavy and need to be stored off to the side in order to be accessible for the trucks and off the drive lane. He would prefer not to keep them on the asphalt. It was their intent to keep the blocks along the fence line. One stipulation when constructing the building required a 5-foot offset curb along the west of the building also. They also put landscape rock in that narrow strip. They were going to put a lumber rack next to the building which would extent about four feet. He felt this was reasonable and would fit the city's requirements to screen outdoor storage. Ms. Modig stated the original stipulation indicates storage was to be on a hard surface, and now the petitioner is not complying with the stipulation. Mr. Lund stated he had not taken everything into consideration because the stipulation does not specifically list everything that has to be on the hard surface. When talking about storage on hard surface, they were originally talking about trailers, cars, and things like that which would be placed on a hard surface. He did not see any detriment if the blocks were on the asphalt or off the asphalt. Mr. Kondrick stated he did not see a problem as long as it is screened. 3.07 PLANNING COMMISSZON MEETING. JANUARY 3, 1996 PAGE 8 Ms. Modig stated she sees a potential problem. If the petitioner did not follow the previous stipulations, she did not know if they will follow the stipulations this time. Mr. Lund stated, when building this facility, there were stipulations and that storage was to be on a hard surface. He did not think of every small item. Mr. Oquist stated the stipulation was somewhat general. He does agree that this does not take into consideration that the blocks are needed in the business and to put cement blocks on a surface that will impede traffic is also a hazard. Sufficient space must be available for emergency vehicles. Mr. Lund stated there is a five-foot span between the curb and fence. Mr. Hickok stated the issue is where the cement blocks would be placed - on the hard surface with a landscape separation. As he recalled, that stipulation was to control storage. The idea was to have a separation between what is stored and the fence. It is a controlling feature with having everything on a hard surface. In this case the blocks would be away on the side, and he can understand that. But he thought that blocks on a pallet could be put in the back corner. It may take up a parking stall for a trailer but would still allow room for emergency vehicles. Mr. Lund stated they do have landscaping on the north 20 feet and to the east for 15 feet. Ms. Modig stated another company in the area asked for a variance to display snow plow equipment and the City did not allow it because this was not in keeping with the code. Now they just keep the gate open. This area has the appearance of having storage gates open and outside storage. The stipulations for this request are similar to those originally required. She is concerned that the stipulations will be ignored. Mr. Oquist stated, while he agreed with the comments, the discussion is academic. The concern about the storage of the cement blocks should be taken care of on the special use permit granted a year ago. D.V.L. Transport does not have any storage outside. The discussion concerns Rite-Way Mobile Home Repair. D.V.L. Transport knows the stipulations for their storage and they must live up to that stipulation. Staff has to deal separately with Rite-Way and the issue of outdoor storage. Mr. D. Theede stated all of their storage is inside. They have been checked by the EPA. The only thing they would have outside is trucks. 3.08 PLANNING COMMIBSION MBSTING. JANIIARY 3. 1996 PAQ$ 9 Mr. Oquist stated the first stipulation states the motor vehicles stored outside shall not exceed 15 feet in height. Mr. L. Theede stated the legal height is 13 feet 6 inches so this is not a problem. Mr. Lund stated he would work with staff concerninq the cement blocks. MOTION by Ms. Savage, seconded by Mr. Saba, to close the public hearing. IIPON A VOICB VOT$, ALL VOTING AYS, VIC$-CSAIRPERSON KONDRICH DECLARED TH$ MOTION CARRIBD AND TH$ PIIBLIC HEARINQ CL08BD AT 8:05 P.M. Commission members has no further comments. Mr. Kondrick asked for a motion regarding Special Use Permit �95-11 by North Country Collectibles. MOTION by Mr. Saba, seconded by Ms. Savage, to recommend approval of Special Use Permit, SP �95-11, by North Country Collectibles, to allow repair garages within industrial buildings on Lot 2, Bl.ock 1, Central View Manor 3rd Addition, generally located at 1175 -73 1/2 Avenue N.E., with the following stipulations: l. Owner shall provide adequate parking on-site for uses within the building. If parking demand exceeds parking accommodations, a modification of the rear parking/storage area may be required. 2. Any new lighting associated with this use shall be downcast security/safety lighting and shall not exceed a footcandle measurement deemed appropriate, by City staff, for the specific location. 3. The completed/approved (Rite-Way) site plan including all code required elements such as: concrete or asphalt parking surfaces, 86-18 curbing around the perimeter of all parking surfaces, screening walls or fences, specific landscape plant materials, plant locations, and irrigation for the front and side yards shall be adhered to with any modification requiring review and approval by City staff. 4. No outdoor portion of this M-1 property shall be utilized for display or sales. 5. Drive aisles shall be provided and kept free of vehicles to allow circulation and access for police and emergency vehicles. 3.09 PLANNING COMMISSION MEETING. JANUARY 3, 1996 PAGE 10 6. Deliveries to the retail operation shall be done in a manner that does not disrupt parking or entrance to other businesses within this complex. 7. All signs shall be consistent with the comprehensive building sign plan approved by the City Council. 8. All existing non-compliant signs shall be removed from the site and shall be replaced by proper signage within 45 days of final City Council approval of this special use permit. 9. Owner shall provide information about 30� maximum retail to present and future retailers in complex so that they are aware of the limited expansion potential for retail within the building. IIPON A VOICE VOTE, ALL VOTING AYE� VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED tJNANIMOUSLY. Mr. Hickok stated the City Council would consider this request on January 22. Commission members has no further comments. Mr. Kondrick asked for a motion regarding Special Use Permit #95-12 by D.V.L. Transport. MOTION by Mr. Sielaff, seconded by Ms. Modig, to recoinmend approval of Special Use Permit, SP #95-12, by D.V.L. Transport to allow repair garages within industrial buildings on Lot 2, Block 1, Central View Manor 3rd Addition, generally located at 1175 -73 1/2 Avenue N.E., with the following stipulations: l. Motor vehicles stored outside shall not exceed 15 feet in height. 2. Screening materials are provided as in Section 205.17.06.G(1)(a). 3. Motor vehicle storage is conducted as provided in Section 205.17.07.D(5). 4. Lighting associated with storage shall be downcast security/ safety lighting and shall not exceed a footcandle measurement deemed appropriate, by City staff, for the specific location. 5. The completed/approved (Rite-Way) site plan including all code required elements such as: concrete or asphalt parking surfaces, B6-18 curbing around the perimeter of all parking surfaces, screening walls or fences, specific landscape 3.10 PLANNING COMMISSION MEETING JANIIARY 3 1996 PAGE 1 plant materials, plant locations, and irrigation for the front and side yards shall be adhered to with any modification requiring review and approval by City staff. 6. No outdoor portion of this M-1 property shall be utilized for display or sales. 7. Drive aisles shall be provided and kept free of vehicles to allow circulation and access for police and emergency vehicles. 8. No junk or inoperable vehicles shall be stored on site. 9. All screening fence installations shall meet the minimum building setback requirements from any street property line. 10. Al1 signs shall be consistent with the comprehensive building sign plan approved by the City Council. 11. All existing non-compliant signs shall be removed from the site and shall be replaced by proper signage within 45 days of final City Council approval of this special use pertnit. 12. No outdoor repair of motorized or non-motorized vehicles shall be permitted. 13. All existing outdoor storage shall be moved to hard-surfaced parking area, stored indoors, or removed from site completely. 14. The rear area screening gate shall be kept closed to provide adequate screening between storage area and the public right-of-way. IIPON A VOICL VOTE, ALL VOTING AYB� VICE-C$AIRPERSON RONDRIGR DECLARED THE MOTION CARRIED IINANIMOIIBLY. Mr. Hickok stated the City Council would consider this request on January 22. 2. RECEIVE THE MINUTES OF THE HUMAN RESOURCES COMMISSION MEETING OF DECEMBER 7 1995: MOTION by Mr. Oquist, seconded by Mr. Saba, to receive the minutes of the Human Resources Commission meeting of December 7, 1995. IIPON A VOICE VOTE� ALL DOTING AYB� DICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED IINANIMOIISLY. 3.11 PLANNING COMMISSION ME$TING. JANUARY 3. 1996 PAGB 12 3. RECEIVE THE MINUTES OF THE APPEALS COMMISSION MEETING OF DECEMBER 19, 1995: MOTION by Ms. Savage, seconded by Mr. Sielaff, to receive the minutes of the Appeals Commission meeting of December 19, 1995. IIPON !l VOICE VOTL, ALL VOTINQ AYE� VICE-CHAIRPLR80�1 RONDRICR DBCLARED THB MOTION CARRIED IINANIMOIISLY. 4. OTHER BUSINESS: Mr. Hickok stated, regarding made a good comment regarding This site evaluation provided some of the surrounding uses. numerous items which will be officer. These items are now carrection. ADJOURNMENT the special use requests, Ms. Modig the surrounding uses in the area. an opportunity for staff to look at As a result, staff has a list of followed up by the code enforcement on a schedule with a deadline for MOTION by Mr. Mr. Saba, seconded by Mr. Oquist, to adjourn the meeting. IIPON A VOZCE VOTE, ALL VOTING AYl:, VICE-CHAIRPBRSON RONDRICR DECLARED THL MOTION CARRIED AND THE JANQARY 3, 1996, PLANNING COMMISSION MEETING ADJOIIRNED AT 8:10 P.M. Respectfully submitted, � � i' ��=-L1Ll'LL� Lavonn Cooper Recording Secretary 3.12 S I G N— IN S H E E T PLANNING COMMISSION MEETING, Wednesday, January 3, 1996 . Name Address/Business � � � .� - ,.� � ? 73� v ��(%�. o �� . � Q . fiI �G,�_� /� �� ` �� r ` � � �/I � 1 j G1/�r'`, \ / � �' �Z� �' � � .� li�. ... ; . ,� 3.13 :� � � � . �� DESCRIP7'ION OF REQUEST: SP #95-11, North Country Collectibles - This speciai use permit request is to a11ow retai� sales not assoc,�iated with a principal use in the M-1, Light Industrial Distric�t. SP #95-12, DVL Transport - This special use permit request is to allow truck repair in the M-1, Light Industrial District. SUMMARY OF ISSUES: North Country Collectibles is a retail operation which se1Ls oollectible merchandise, and began operation in this building in February 1995. Tlie M-1, Light Industrial District requires commercial uses to receive a special use permit on an individual basis, provided that the use can meet speci6c criteria. DVL Transport is a full-seivice tractor/trailer repair operation that began operation within this complex in January 1995. . The M-1 District requires "Repair Garages" to receive a special use pemut. PLANNING COIVIlVIISSION ACTION: The Planning Commi�cion recommended appraval of SP #95-11 with 9 stipulations (see attached report). The Planning Commission reoommended appmval of SP #95-12 with 14 stipulations (see attached report). RECOA�IlVIENDATION: Concur with the Planning Commission's recommendation. 4.01 Staff Report SP #95-11/SP #95-12 North Country Collectibles/DVL Transport Page 2 Petition For. Location of Property: PROJECT DETAILS Special use pe�mit to al{ow: 1) retaii sales, and 2) truck repair in the M-1, Light Indtastrial District 1175, 11?7 - 73 i/2 Avenue N.E. Legal Description Lot 2, Block 1, Central Yew Manor 3rci Addition of Property: Size: Topography: E�cisting Vegetation: 1.4 acres Flat New landscaping (1994), some older trees along 73 1/2 Avenue Existing Cerrtral Yew Manor 3rd Addition, 1994; zoned M-1, Light Industrial Zoning/Platting: (part of it recen�y rezoned from C�3, General Shopping Center District) Availability of Municipal Utilities: Vehicular Access: Pedestrian Access: Engineering Issues: Site Planning fssues: Connected 73 1/2 Averwe N/A None DEVELOPMENT SITE Property History On April 4, 1994, the Fridley City Council held a public hearing to consider a plat and a rezoning request that v�rould change the zoning of Lot 3, Block 1, Central Yew 4.02 Staff Report SP #95-11/SP #9�12 North Country Collectibles/DVL Transport Page 3 Manor, Second Addition from G3 to M-1. The requests were filed to allow deve(opmerrt of this site as a officeJvvarehouse comptex. The multi-tenarit concept was briefly discussed during the Planning Commission's public hearing. At the City Council's public h�ring, a member of the Council asked about the volume of traffic arrticipated from this developmerrt. Mr. Lund stated, "[He] did not believe traffic would be an issue, as it would involve mostiy their employees coming to work in the moming and then going out on various jobs that are cor�tracted". The petitioner did not discuss the multi-tenant concept at the City Council hearing. In July, 1994, the property was platted, a portion was officially rezoned, and a 15 foot drainage and utility e�asemerrt was vacated to accommodate developmerrt. During that same year, building construction began. Today there are four t� located in the bui(ding: Rit�Way Mobile Home Repair, Inc. (14% of building space), DVL Trdnsport (21% of building space), North Courrtry Collectibles (12% of building space), and Surface Solutions (19% of building space). Approximately 4400 square feet, or 34°� of the building space remains vacant. The North Country Collectibles special use permit request is "after-the-fact". The store began operation in February 1995. Analysis SP #95-11, North Country Collectibles This special use permit request is to allow retai! sales not associated with a principal use in the M-1, Light Industrial District. Code Section 205.17.01.(3) requires "commercial retail, service uses and C(ass It restaurants within office and/or industrial buildings, including those with driv�through components, such as banks, cleaners, photo shops, fast food restaurants, and similar uses shall be considered for a specia! use permit on an individual basis, provided that: (a) The maximum gross floor area occupied by such uses, and other commercial issues, as perrnitted by special use permit, shall not exceed 30 percent of the buildings total floor area with no such individual tenant exceeding 5,000 square feet; PROPOSAL: North Country Collectibles consumes 1614 s.f. of the 13,000 s.f. industrial building. This square foot dimension represents 12% of the overall building and f�lls within an acceptable range (1% - 30%) as defined by Code. 4.03 Staff Report SP #95-11/SP #95-12 North Country Collectibles/DVL Transport Page 4 (b) The parking supply shall be in compliance with the requirements of Section 205.17.5 of the City Code and be sufficient to support full occupancy of the building; Industrial par�cing f�rmulas (205.17.5) cover the following spectnam: * office use * retail use * manufacturing * WareitOUSe * speculative (greater than 1 1/2 acre site) * speculative (less than 1 1 J2 acre site) 1 space: 250 s.f. of office 1 space: 150 s.f. of retail 1 space: 400 s.f. of mfg. space 1 space: 2,000 s.f. of warehouse 1 space: 500 s.f. of floor area 1 space: 700 s.f. of floor area PROPOSAL• Because this industrial site is less than 1 1/2 acres, the speculative parking ratio of 1 parking stall per 700 s.f. of floor area was used. A total of 19 parking spaces were required. The developer did supply 19 parking spaces plus 2 handicap stalls. A typical 1:150 retail requiremerrt would prescribe 11 paricing stalls for the 1614 s.f. Country Collectibl�, retail use in this building. Staff evaluated the current mix of all uses and extrapolated the percerrtage of mixed uses into the unoccupied space as well. Based on parking requiremerrts by specific use, the following numbers should be considered: * office use (21 % of bldg) 2,730 s.f. 2,730/250 * manufacturing (50% of bldg) 6,500 s.f. 6,500/400 * warehouse (10% of bldg) 1,300 s.f 1,300/2000 4.04 = 11 stalls = 16 stalls = 1 stall Staff Report SP #95-11/SP #95-12 North Country Collectibles/DVL Transport Page 5 * retai! {i9°,6 of bldg) 2,470 s.f. 2,470/150 = 16 staiis projected parking demand based on current mix of uses: 44 stalls vs (21 now striped) This analysis revealed that the occupancy trend within this building will lead to an eventual shortage of 23 parlcing stalls. Obviously, tMe "speculative par�cing ratio" anticipates a much higher per�cer�tage of warehouse in a mixed industrial building such as this. Adequate hard-surFaced paridng area for additional stalls exists behind the building. If the 4400 s.f. of unoccupied space were to become warehouse space, there would not be as great a demand for parking stalls. Even so, the site would have a deficiency of 9 parking st�alls. (c) Only wall mourrted signs, subject to the limitations of Section 214 of the City Code, shall be permitted; PROPOSAL• In 1995 the City Council approved a comprehensive sign ptan for this building. All signs must meet the criteria of the comprehensive sign plan approved by the City Council and all other aspects of the City Sign Code. (d) The proposed use shall only be permitted when it can be d�nonstrated that their operation wi(( not generate (evels of traffic which reduce "The Existing Level of Service", as defined by the Institute of Traffic Engineers, on streets at intersections; PROPOSAL: The proposed use will have a negligible impact on the level of service on 73 1/2 Avenue. This determination was made through the utilization of traffic generation numbers given by the Institute of Traffic Engineers (ITE� for a retail space and a mixed use building of this type and size. (e) The proposed use, in the opinion of the City Council, would be compatible with the area in which it is proposed to be located; PROPOSAL: Thn�ugh the zoning review pnoc�ss and land use designation assigned to this property, it was determined that limited retail would be acceptable. Staff believes that if all applicable stipulations of the special use permit are observed and if less than 30% of this buildings floor area is retail, compatibility of this amourrt of retail will not be an issue. (fl The building owner and/or agent shall be responsible for informing any prospective tenant that the property is zoned fnr industrial use. 4.05 Staff Report SP #95-11/SP #95-12 North Country Collectibles/DVL Transport Page 6 PROPOSAL: O�mer/agent shall concede. Pt�WNING COMMISSION RECOMMENDATfON The Planning Commission reoommended approval of SP #95-11 with the following stipulations: 1. Owner shall provide adequate parking on-site ior uses within the building. If parking demand exceeds parking accommodations, a modification of the rear paricing/storage area may be required. 2. Any new lighting associated with this use shall be downcast security/safety lighting and shall not exceed a footcandle measurement deemed appropriate, by city staff, for the specific location. 3. The completed/approved (Riteway) site plan including all code required elements such as: concrete or asphalt parlcing surfaces, 86-18 curbing around the perimeter of all parking surfaces, screening walls or fences, specific landscape plarrt materials, plarrt locations, and irrigation for the frorrt and side yards shall be adhered to with any modification requiring review and approval by City Staff. 4. No outdoor portion of this M-1 property shall be utilized for display or sales. 5. Drive aisles shall be provided and kept free of vehicles to allow circulation and access for police and emergency vehicles. 6. Deliveries to the retail operation shall, be done in a manner that does not disrupt parking or entrar�ce to other businesses within this complex. 7. All signs shall be consistent with the comprehensive building sign plan approved by the City Council. 8. All existing non-compliarrt signs shall be removed from the site and shall be replaced by proper signage within 45 days of final City Council approval of this special use permit. 9. Owr�er shall provide information about 30% maximum retail to present and future r�tailers in complex so that they are aware of the limited expansion potential for retail within the building. RECOMMENDED ACTION Staff recomme.nds that the Ciiy Council concur with the Planning Commission recommendation. 4.06 Staff Report SP #9�11/SP #95-12 North Country Collectibles/DVL Transport Page 7 Analysis SP #95-12, DVL Transport This special use permit request is to allow truck repair in the M-1, Light Industrial District. R air Senrice Histo In eariy December, 1994, John Lund requested oonsideration of a speaal use permit to allow a repair garage in a portion of the building at 1175 - 73 1J2 Avenue. The special use permit w�ould allow the petitioner to open an automotive service operation at this location. Later that morrth Mr. Lund requested that the application be withdrawn. Subsequent to the v�rithdrawal of John Lund's special use permit request for motor vehicle repair, DVL Transport moved to this location. The request fnr a special use permmit is after-the-fact. DVL's name may lead one to believe this operation is a transport terminal, which would not be appropriate in this district. StafPs understanding of this operation is that it is a"full-service tractor/trailer repair operationu. At the time that John Lund's request for withdrawal came, staff had already evaluated the request and deteimined what stipulations would be appropriate for a use such as this. Those stipulations were designed to mitigate impacts that are typical of a vehicle repair operation. Those stipulations also would apply to the current DVL operation. The stipulations are part of the recommendation that follows. Code Section 205.17.01.(9), states, "Repair Carages" are permitted by special use permit. ADJACENT SITES WEST Undevetoped, G3, General Shopping Center Property SOUTH 73 1/2 Avenue and developed, M-1, Light Industrial Property EAST Central Auto, M-1, Light Industrial Property NORTH Tam's Rice Bowl, G3, General Shopping Center Property R-2, Residerrtial, F'ark Plaza, Mobile Home Court 4.07 Staff Report SP #95-11 jSP #95-12 North Country Collectibles/DVL Transport Page 8 Comprehensive The site is guided "Commer�cial" on the Comprehensive Plan Planning Issues: Public Hearing Mr. Scott Lund, owner of the multi tenant complex, asked Comments: for consideration of a request to allow a pile of concrete blocks to remain in the landscaped area, adjacent to the exterior screening fence. Staff indicated that this violates an original stipulation placed on Lund's property. PLANNING COMMISSION RECOMMENDATION The Planning Commission recommends approval of SP #95-12 with the foAowing stipulations: 1. 2. Motor vehicles stored outside shall not exceed 15' in height; Screening materials are provided as in Section 205.17.06.G(1)(a); 3. Motor vehicle storage is conducted as provided in S�n 205.17.07.D (5); 4. Lighting associated with storage shall be downcast security/safety lighting and shall not exceed a footcandle measuremerrt deemed appropriate, by city staff, for the specific location. 5. The completed/approved (Riteway) site plan including all code required elements such as: concrete or asphalt parking surfaces, 86-18 curbing around the perimeter of aA parking surfaces, screening walls or fences, specific landscape plarrt materials, plant locations, and irrigation for the front and side yards shall be adhered #o with any modification requiring review and approval by City Staff. 6. 7. 8. 9. �0 No outdoor portion of this M-1 property shall be utilized for display or sales. Drive aisles shall be provided and kept free of vehicles to al{ow circulation and acxess for police and emergency vehicles. No junk or inoperable vehicles shall be stored on site. All screening fence installations shall meet the minimum building setback requirements from any street property lines. All signs shall be consistent with the comprehensive building sign plan approved by the City Council. , �. Staff Report SP #95-11/SP #95-12 North Country Collectibles/DVL Trarisport Page 9 11. All existing non-compliant signs shall be removed from the site and shall be replaced by proper signage within 45 days of final City Council approval of this special use permit. 12. No outdoor repair of motorized or non-motorized vehicles shall be peimitted. 13. All existing outdoor storage shall be moved to har�d-surFaced parfang area, stored indoors, or removed from site compte�tely. 14. The rear are�a screening gate shalt be kept closed to provide adequate screening between storage ar�a and the public right-0f-way. 4.09 SP ��95—I1 ��a �_ _' Special Use Permit Requests SP #95-19 & SP #95-12 LOCATI O N MAP 4.10 a� � C a� � � •.--� ccs t� -a-� � W � SY ��95-1 t SP �I95-12 and 4.11 T LOCATION MAP . I92 NESOTA � 0 z � 3 _ , ..;.� � � c� 0 z � t'' � `t� " "1 � I' � � N 3 % f = •�M � _ �, � � �•/ , "v (�' / _ ' ` 9 � � �,� ��,y � � � � . L� — \ _ � Z..�. �+' . . . � �:,. „ . . � • • - - II�NY � �'� �0�v00v0 �� .. � �� -�i�� . o.. _ ��t��mo .. - � �.,, � , . °{ , � � : .��..,� � � 1/��!! �� :��.y�•�a• - �� .....,.. ■��r. �� i� ��Y� �,��. . •��r►• C � � ' ■�PSLC.i ' iiiiiii, • �� .• �..wy :;]�l�d�` ' 'l�:1� �■.�■.�■� � [� . . r r �rin • u �\I�Y�M ��r ��u�i' ij � i��uu��l�� . . ■�� . �, �� _ ��... izrac a��cPiUE NE Q ; . . .�.�. �T � � ..._. s�- ' �'� a .. .... . 3�� .. RQD.• . .�, pC ' F- • ....: 'Z � �• . � " �W � a - ' •U � • • N i .• :� i ••4 ••• t � • 1 �fl/�/llli: f R . DISTRICT LEGEND R-7 ONE FAMILY OW�'S ❑ M-1 IIQNT INDUSTRIAL Q R-2 TWO F�MILY OWO'S Q M-Y HE�VY INOUSTRIAL � 11-7 OEN. MUITIP�E OWO'S � PUD PLANNED UNIT OEV. Q P-� MOBILE MOME P11qK � $-� NYDE iAqK NEIOHBOqHOOD ❑ P PUBIIC FAC1Lli4ES � S-2 HEDEVELOVMENT OISTqICT � � C-7 LOCAL BUS�NESS 0 O-1 CREEK � XIYEp PHESENVATtON � / C-i GENENAL BUSINES$ � O-t CqITIC�L APEA � C-] GENEX�I SNOPPINC � C�N1 GENERAI OfFICE ❑ VACIITED STflEET3 � '12 ZONING M�►F�� n..*� M1�M �� O�i �R • �Ci'8 - C• Y I � — — � � . �d�tl auaoH al�q�l� �QNri ,.a., — � — — — — �..' �' ....... � ��'- �I� /!d�'Id zLiS — — �.,�r,,,�,� .w MN ^ A x M � M aa �, �) f r� �� ,.�� .� A � � � �� ar ��1E�IY;, � � � $ � � �� : ng a� � �� € �� IIII�� ' � �. �d �I'I y �"�� , — � "i a � � . :il � �� SP 1�95-I1 : SP �y5-12 and � M �� t � � t r � t � s 'S 3 d i � � w � w � � • � �r � !�� ! � Y I i j ! i i E � �� `- \�� - _ -- - - _ � 1 �r�A1�Y �� , \ � � � 1 1 I � r � � I I � -- � � � � \ I l � � : l \ \ ' I I \\ � � � �.) \ � � � � � �� !�: 1 � i � � i � r � , t ► i i �, ' � � � � � �, �i \\ \ � e � I � I � rrr�(L �j � l �l l � � Ilpl r � �;�� lt / �� , i�.......,._�N / � � � r � �. f l r \ � � � � 1 � � r \ r i r� �� \ _ ' � � � � Iw�� =� � I I %� ( � I * i I �= � �� . �� I i�.�, , r �� *� � � ., rt �' t r - ;} ;- �;;;� �: ;� :C { �v�- ^7-'w�NS�s- `�-►-� 1n/�r 1'�o�tt,E ' �o�u�5 �� - ,�. _ , SP �P95-11 SP 1�95- 12 and Swca=A� ScwncNs F�rY PROPOSEO BUILDING (4�o sq.F-r:� 13,000 S.F. Il%d�.rtt C�� ou.�t'�� !l�OD SQ P�:� , , 1 a�F' �� .. �� r � i i i �-- soo —� �� . ��4 ��?m..' d1 . :.,�.�f..: ;� .,.,� / \ i � � 1 �� I i� � � � � 0 W �� 0 1 i � 0 � � � � �_ �:: �i .'f ! t'C(;�L J lJ��%✓� CZTY OF FRIDLEY PLANNING COMMISSION MEETING, MARCH 9, 1994 --------------------------------------------------------------�- CALL TO ORDER: Chairperson Newman called the March 9, 1994, Planni Commission meeting to order at 7:30 p_m. ROLL CALL• Members Present: Dave Newman, Dave Kond �ck, Dean Saba, Connie Modig, Brad S' aff, LeRoy Oquist Members Absent: Diane Savage Others Present: Barbara Dac , Community Development Director Michele M erson, Planning Assistant Steve W dley, Wal-Mart Chri amlin, Wal-Mart Sc t Lund, Rite-Way Mobile Home Repair, Inc. yce Trebisovsky, Park Plaza Delores DeMars, Park Plaza 0 MOTION�� Mr. Saba, seconded by Mr. Kondrick, to approve the Janua 12, 1994, Planning Commission minutes as written. UP,PjN A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED UNANIMOUSLY.-� l. PUBLIC HEARING• CONSIDERATION OF A PRELIMINARY PLAT REQUEST, P S #94-01 BY SCOTT LUND OF RITE-WAY MOBILE HOME REPAIR: To split the East 180 feet of Lot 3, Block 1, Central View Manor 2nd Addition, and combine it with Lots 7, 8, and 9, Block l, Central View Manor, generally located on Highway 65 south of Fireside Drive and north of 73 1/2 Avenue. MOTION by Mr. Kondrick, seconded by Mr. Saba, to waive the reading of the public hearing notice and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED TiiE MOTION CARRIED AND THE PUBLIC REARING OPEN AT 7:32 P.M. Ms. McPherson stated that since the petitioner, Scott Lund, was not yet present, it might be appropriate to continue discussion on P.S. #94-01 and ZOA #94-01 until later in the meeting. MOTION by Mr. Saba, seconded by Mr. Kondrick, to continue the public hearings on P.S. #94-01 and ZOA #94-01 until later in the meeting. " 4.15 PLANNING COMMISSION MEETING, MARCH 9, 1994 PAGE 2 � UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. E�.� �94-01, BY WAL-MART STORES- Per Section 205.14_O1.C.(13) of the Fridley City Code, to . allow garden centers or nurseries which require o side display or storage of inerchandise on Lot 1, Block 1, 1-Mart in Fridley, the same being 8540 University Avenue N. MOTION by Mr_ Kondrick, seconded by Ms. Modig, to waive he reading of the public hearing notice and open the public hea ng. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NE DECLARED TIiE MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 7: P.M. Ms. McPherson stated this property is located t the intersection of 85th and University Avenues. The property ' zoned C-2, General Business District. There is additional C-2 zoning to the south, and R-3, Multiple Dwelling District, to e west. Springbrook Nature Center is also located to the west Ms. McPherson stated that in 1992, th Commission and the City Council approved special use permit SP #92-07, to allow the � construction of the existing garden c ter. This approval required certain design elements in the gar en center including rock face block knee walls and wrought iro fencing. The stipulations to that request required bulk ite to be stored adjacent to the building and that there be no o tdoor storage of chemicals. Ms. McPherson stated the pet" ioners are now requesting a special use permit to allow tempor y garden sales to occur from a"hoop house" and "corralled" me handise. A hoop house is a temporary greenhouse constructed o aluminum tubing and plastic. Ms. McPherson stated the petitioners propose to locate this temporary garden cen r in the southeast corner of the parking lot across the driving aisle from the existing garden center. The petitioners are r questing this second special use permit as a result of the la e amount of inerchandise which is shipped to them during the grow'ng season and which will not fit into the current garden center. Ms. McPhers�n stated that in 1993, Wal-Mart conducted garden sales on the sid 'walk in front of the retail store and also had materials stored o�allets in the parking lot. Wal-Mart was informed by the City t t this practice was not permitted by code and requested that e materials be moved. Ms. McPherson stated staff inet with.the Manager and Assistant _. Ma ager of Wal-Mart to discuss the previous request, SP #92-07, ich permitted the existing garden center and the design elements. taff informed Wal-Mart that if the current request was to occur i � � PLANNING COMMISSION MEETING, MARCH 9, 1994 P�GE 5 MO`PION by Mr. Kondrick, seconded by Mr. Saba, to close th public hearing_ UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NE DECLARED THE MOTION CARRIED AND THE POBLIC HEARING CLOSED AT 7: 5 P.M. MoTION by Mr. Sielaff, seconded by Mr. Saba, t recommend to City Council approval of Special Use Permit, SP 94-01, by Wal-Mart stores, per Section 205.14.O1.C.(13) of th Fridley City Code, to allow garden centers or nurseries which r ire outside display or storage of inerchandise on Lot 1, Block 1 Wal-Mart in Fridley, the same being 8540 University Avenue .E., with the following stipulations: 1. Bulk items shall be ored in the constructed garden center where they all be screened from the public right-of-way. 2. Outdoor stora and sales of chemical fertilizers, pesticides, o herbicides shall not occur in the parking lot. 3. Wal-Mar shall submit plans for an enlarged garden center for. anning Commission and City Council review by Nov er 1, 1994, for the 1995 sales year. 4. �S'pecial Use Permit, SP �94-01, will be for one year only. UPON A OICE VOTE, ALL VOTING AYE, CAAIRPERSON NEAMAN DECLARED THE MOTI CARRIED UNANiMOUSLY. g. McPherson stated this item will go to Council on March 21, 994. �� 2. PUBLIC HEARING: CONSIDERATION OF A PRELIMINARY PLAT REQUEST P.S._�94-01, BY SCOTT LUND OF RITE-WAY MOBILE HOME REPAIR: To split the East 180 feet of Lot 3, Block 1, Central View Manor 2nd Addition, and combine it with Lots 7, 8, and 9, Block 1, Central View Manor, generally iocated on Highway 65 south of Fireside Drive and north of 73 1/2 Avenue. MOTION by Mr. Kondrick, seconded by Mr. Oquist, to reopen the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED AND TiiE PUBLIC HEARING REOPENED AT 8:00 P.M. Ms. McPherson stated this vacant property is generally located north of 73 1/2 Avenue, south of Fireside Drive, and east of Highway 65. The property is zoned C-3, General Shopping Center district, and M-1, Light Industrial district. 4.17 PLANNING COMMISSION MEETING MARCH 9 1994 PAGE 6 � Ms_ McPherson stated the petitioner is proposing to split off approximately 180 feet of the easterly portion of Lot 3, Block 1, Central View Manor 2nd Addition, and combine it with Lots 7, 8, and 9 of Central View Addition. The petitioner proposes to construct a 13,000 square foot building on the property with parking and outdoor storage areas. Ms. McPherson stated the proposed lot that will be created as a result of the replat meets the 150 foot lot width requirement; however, it does not meet the minimum lot area requirement of 1.5 acres. The subject parcel is approximately .11 acres or 4,791.6 square feet short of the requirement. Section 211.05 of the Fridley City Code does allow variances to the code requirements if the Planning Commission or City Council find that certain regulations are not applicable. However, the petitioner does have an opportunity to work with the existing property owner to'acquire either an additional 15 feet along the entire westerly iot line or approximately 34 feet along the northerly portion (Lot 3, Block l, Central View Manor 2nd Addition). It would make more sense to move the entire lot line as opposed to just the northerly portion as two odd shaped lots are left by just moving the northeriy portion. Ms. McPherson stated the petitioner has submitted a site plan showing a 13,000 square foot.building_ There is parking in front � adjacent to the public right-of-way and the proposed storage area to ihe rear of the building. The building meets the setback requirements for the M-1, Light Industrial district, and the proposed lot coverage is 21.4%. The petitioner does need to revise the site plan to provide a 5 foot hard surface parking setback from the building along the west and north sides of the building. There is adequate room on site to provide this required setback. Ms. McPherson stated the petitioner will need to provide additional screening along the north and west lot lines. A screening fence is located along the east lot line. There is a screening fence and some existing vegetation along the north lot line between the mobile home park and the proposed building. Staff is recommending additional screening by adding seven evergreens 10 feet on center along the fence. The evergreens will not only provide screening, but will also meet the landscaping requirements of the district. A third fence should be installed along the westerly property line with slats to provide screening from the public right-of-way. This is required if outdoor storage is to occur at the rear of the building_ Ms. McPherson stated the petitioner has provided a preliminary grading and drainage plan which was reviewed by the Assistant Public Works Director who had some additional comments. These comments are included in the Staff Report_ The petitioner will be required to comply with those requirements prior to the issuance of a building permit. ` Ms. McPherson stated the petitioner has provided a preliminary landscape plan. The petitioner will need to submit a.revised 4.18 PLANNING COMMISSZON MEETING, MARCH 9, 1994 PAGE 7 landscape plan which provides a three foot high hedge or berm screening the parking lot from the public right-of-way_ Underground irrigation is also required_ The petitioner has indicated that he will be saving the existing vegetation and trees which are located on the property. In order to receive credit for these trees, the petitioner must provide information as to the size of the trees. The petitioner needs to add four evergreen trees to the three proposed in the landscape plan to meet the 30�•evergreen requirement in the landscape requirements. Ms. McPherson stated staff recommends that the Planning Commission recommend approval of the plat request, P.S_ �94-01, acknowledging that the lot area does not meet the minimum 1_5 acre requirement. While is recommended that the Commission acknowledge the lot area variance, staff has stipulated that the petitioner should attempt to meet the minimum lot area requirement prior to the City Council meeting. Staff also recommends the following stipulations: 1. The petitioner shall submit a revised site plan prior to the issuance of a building permit showing a 5 foot hard surface setback along the west and north sides of the building. { 2. The petitioner shall provide additional screening through ' planting of seven, 6 foot high coniferous trees along the north property line. 3. The petitioner shall construct a minimum 6 foot high screening fence along the west property line. The screening fence shall be constructed of chain link and contain metal slats_ .. 4. Outdoor storage shail be permitted if the following conditions are met: a. The outdoor storage shall occur on a hard surface. b. The materials to be stored shall be less than 15 feet in height. c. The materials to be stored shall not be seen from the public right-of-way. d. The petitioner shall install a gate with slats parallel to the front line of the building. 5. The petitioner shall submit an amended landscape plan prior to the issuance of a building permit with the following changes: a. Underground irrigation shall be provided. 4.19 C?L11NNI[YG__CpMMISSION MEETING�_MARCEi 9 f 1994 PAGE II t�- `Ptie climensions of the exisLinq tree� to be saved shall be indicated on ttie plan to calculate credit for ttie existing trees _ �- Four additional 6 foot high coniferous trees shall be added to comply with the ordinance_ The 7 coniferous trees shall be planted along the north pzoperty line for additional screening from the residential district to the north_ 6. The petitioner shall submit a revised grading and drainage plan complying with Scott Erickson's memo dated March 2, 1994, prior to the issuance of a building permit_ 7. If the fence adjacent to the mobile home park is removed, the petitioner shall install a minimum 6 foot high screening fence with slats along the north lot line. 8. The petitioner shall revise the plat to meet the minimum lot area requirement of the M-1, Light Industrial district_ Mr. Scott Lund, owner of Rite-Way Mobile Home Repair, Inc_, stated stipulation ##8 seems�to be the biggest�concern for him. He has talked to the property owner, Alvin Schrader,_ froin which he purchased the back portian of the property. Mr. Schrader is not interested in seliing an additional 15 feet all along the westerly lot line and it would be cost-prohibitive if Mr_ Schrader did agree to sell. Mr. Schrader is reluctant to lose any prime frontage. Mr_ Lund stated stipulation #4-a requires that the outdoor storage be on a hard surface. He does not propose to have any long term vehicles stored in back, although his mechanics usually have one semi-trailer that would be stored in the back indefinitely for the storage of miscellaneous parts_ However, since it is just a trailer, there wouid be no leakage of fluids_ Mr. Lund stated he did not want to have to spend the money to asphalt the entire back of the property. He would be willing to put down Class 5 or something equivaient, and the area would be fenced in for privacy and security. Mr. Lund stated that from time to time, he does obtain some mobile homes that will be parked on the property, but not for extended periods of time_ The mobile homes are used for the rental of temporary housing for fire victims, etc., especialiy in rural areas _ Mr_ Lund stated he has no problem with any of the other sLipulations_ Mr_ Oquist asked if Mr. Lund could identify the area needed for the trailer and make that area hard surface_ 4.20 , i � t PLANNING COMMISSION MEETTNG. MARCIi 9, 1994 PAGE 9 Mr_ Lund stated it would be a waste of money to asphalt the area where the mobile homes would be parked as they just sink through the asphalt when the asphalt becomes soft_ Mr_ Oquist stated concrete could be poured on the areas where the tires would sit. That would prevent the mobile homes from sinking through the asphalt. Mr. Lund stated that part of his buiiding will be used by other tenants. At this time, he does not know who those tenants will be. Some of these tenants may need some outdoor storage. It would be very expensive to asphalt/concrete the storage areas. Ms. Dacy stated the proposed building is a typical size industrial building, and the ordinance is very clear that any type of vehicular use area has to occur on a hard surface. It is going to take some area for vehicle turn-around, and the site plan shows adequate area to provide for that. In order for staff to be consistent on all types of development applications, staff must recommend hard surface. She realized that the asphalt does become soft and sinks under heavy equipment, so maybe there is an option of a certain portion of the area that is asphalt and a portion that is of another type of material_ Mr. Newman stated he agreed with staff. He appreciated the petitioner's concerns; but if the City is going to have this ordinance, he did not see any justification to not enforce the hard surface requirement for Mr. Lund when they are enforcing it elsewhere in the City. Mr. Dacy stated that, practically speaking, she believed the petitioner is going to need the hard surface anyway in the near future, and it might be more cost-effective to install it noca rather than in the future_ Mr. Lund stated staff may be right; he just did not want to see an asphalt jungle. Mr. Newman stated no one wants to see an asphalt jungle. He believed the recommendation is that Mr_ Lund needs to figure out what area will be used for storage, and then that portion used for storage needs to be hard surfaced. Ms_ Delores DeMars stated she and Ms_ Joyce Trebisovsky from the Park Plaza mobile home park do not have any objection to the development proposed by Mr. Lund. MOTION by Mr. Kondrick, seconded by Mr. Saba, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEAMAN DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:35 P.M. ' 4.21 Pf�11NNZNG COMt4IS �ION MEETING MARCfi 9 1994 PAGE 10 ( l Mr_ Kondric}: stated he will vote in favor of Lhe plat request with tlie deletion of stipulation #8_ It will be a nice improvemen� for tliis area _ Mr_ Oquist agreed_ This site has been kind of a dumping ground for a long iime. He also agreed to delete stipulation �8_ Ms. Modig stated she will vote in favor of the plat request; however, she is concerned about the outdoor storage_ There are other businesses in this area that have never cleaned up their outdoor storage. If they eliminate stipulation �8 regarding the minimum lot area, does Mr_ Lund need to get a�variance? Mr. Newman stated that by approving the plat, they are approving the lot as it is. This is a variance of 1/10 of an acre. The City has done this in the past for lots that would otherwise be unbuildable, so a precedent has already been set. MOTION by Mr. Kondrick, seconded by Mr. Saba, to recommend to City . Council approval of P_S. �94-01, by Scott Lund of Rite-Way Home Repair, to split the East 180 feet of Lot 3, Biock 1, Central View Manor 2nd Addition, and combine it with Lots 7, 8, and 9, Block l, Central View Manor, generaliy located on Highway 65 south of Fireside Drive and north of 73 i/2 Avenue, with the following stipulations: l l 1. The petitioner shall submit a revised site plan prior to the issuance of a building permit showing a 5 foot hard surface setback�along the west and north sides of the building_ 2. The petitioner shall provide additional screening through planting of seven, 6 foot high coniferous trees along the north property line_ 3. The petitioner shall construct a minimum 6 foot high screening fence along the west property line. The screening fence shall be constructed of chain link and contain metal slats. 4. outdoor storage shall be permitted if the following conditions are met: a. The outdoor storage shall occur on a hard surface. b. The materials to be stored shall be less than 15 feet in height_ c_ The materials to be stored shall not be seen from the public right-of-way_ �- = d. The petitioner shall install a gate with slats parallei to the front line of the building. 4.22 PLANNING COMMISSION MEETING MARCii 9 1994 PAGE 11 5_ The petitioner shall submit an amended landscape plan prior to the issuance of a building permit with the following changes: a. Underground irrigation shall be provided. b. The dimensions of the existing trees to be saved shall be indicated on the plan to calculate credit for the existing trees. c. Four additional 6 foot high coniferous trees shall be added to comply with the ordinance. The 7 coniferous trees shall be planted along the north property line for additional screening from the residential district to the north. 6. The petitioner shall submit a revised grading and drainage plan complying with Scott Erickson's memo dated March 2, 1994, prior to the issuance of a building permit. 7. If the fence adjacent to the mobile home park is removed, the petitioner shall install a ininimum 6 foot hiqh screening fence with slats along the north lot line. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEAMAN DECLARED TFIE MOTION CARRIED UNANIMOUSLY. � 3. PUBLIC HEARIN6: CONSIDERATION OF A REZONING RE UEST ZOA 94- Ol BY SCOTT LUND OF RITE-WAY MOBILE HOME REPAIR: To rezone property from C-3, General Shopping Center District, to M-1, Light Tndustrial-District, on the East 180 feet of Lot 3, BLock 1, Central View Manor Second Addition, generally located on Highway 65 south of Fireside Drive and north of 73 1/2 Avenue N_E_ MOTION by Mr. Kondrick, seconded by Mr_ Oquist, to waive the reading of the public hearing notice and open the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEAMAN DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 8:40 P.M. Ms. McPherson stated the rezoning request only appiies to the easterly 180 feet of the Lot 3, Block l, Central View Manor Second Addition, which is the northerly one-third of the proposed development property. Ms. McPherson stated that in evaluating rezoning requests, three criteria must be met: 1. Compatibility of the proposed use with the proposed district; 4.23 PLIINNING COMMISSION F1EI;TING,_MARCH 9, 1994 PAGI; 12 � ?- CocnpatibiliLy of tt�e proposed district wiLh adjacenL uses and zonit�g; and 3. Compliance with tt�e proposed use wiLh ttle proposed district requirements_ Ms. McPherson stated the petitioner is requesting that the zoning be changed from C-3, General Shopping Center district, to M-1, Light Industrial district_ The three lots to the soath are currently zoned M-1, Light Industrial_ The petitioner has proposed to construct an office/warehouse building which is a permitted use within the M-1 district. Ms. McPherson stated the proposed M-1, Light Industrial districi, would be coiupatible with the existing M-1, Light Industrial district, zoning to the south and east of the subject parcel. Parcels to the west will remain zoned C-3, General Shopping Center district, and the parcel to the north is zoned R-4, Mobile Home, and C-3, General Shopping Center. The mobile home park has been located adjacent to the M-1 zoning to the east since it was constructed in the early 1960s_ There are screening requirements in the M-1 district which require additional buffering and screening for the residential zoning. Locating the M-1 zoning next to the C-3 zoning, which is the most intensive commercial district in the City �s a compatible zoning praciice. Also, rezoning this portion of Lot 3 wouid create a better development parcel. Therefore, the proposed district is compatible with both of the adjacent uses and the zoning. Ms. McPherson stated the proposed development meets the minimum code requirements for the M-1, Light Industrial district. The property as proposed meets all the district requirements with the exception of the Zot area requirement discussed with the plat request. The Council may grant a variance to the lot area during the subdivision process_ Therefore, the proposed use complies with the proposed district requiremenis_ Ms. McPherson .stated the rezoning meets the three criteria for approval. Staff recommends that the Planning Commission recommend approval of the rezoning request with one stipulation: The plat request, P.S. #94-04, shall be approved. Mr_ Kondrick asked if staff has received any negative responses regarding the plat or rezoning requests_ Ms_ McPtierson stated she received only one call from someone from the SuperAmerica Station located south of 73rd l�venue who just wanted information about the development but was not opposed Lo it. MOTION by Mr. Saba, seconded by Mr_ oquist, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMIIN DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8=46 p.I�(_ 4.24 PLANNING COMMISSION MEETING MARCH 9 1994 PAGE 13 MOTION by Mr_ Saba, seconded by Mr. Oquist, to recommend to City Council approval of rezoning request, ZOA �94-01, by Scott Lund of Rite-Way Mobile Home Repair, to rezone property from C-3, General Shopping Center District, to M-1, Light Industrial District, on the Last 180 feet of Lot 3, BLock 1, Central View Manor Second Addition, generally located on Highway 65 south of Fireside Drive and north of 73 1/2 Avenue N.E., with the following stipulation: l. The plat request, P.S_ �94-04, shall be approved_ UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED TIiE MOTION CARRIED DNANIMOQSLY. / 4. CONII�IISS ION MINUTES : MOTION by Mr_ Sielaff, seconded by Mr. Saba, to eceive the December 21, 1993, Environmental Quality & Ene Commission minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERS NEWMAN DECLARED THE MOTION CARRIED UNANIMOIISLY. 5. MINUTES: MOTION by Mr. Kondrick, second�ef� �by Mr_ Saba, to receive the January 3, 1994, Parks & Recrea#�ion Commission minutes. UPON A VOICE VOTE, ALL VOT7 MOTION CARRIED IINANIMOIISLY 6. RECEIVE` MINUTES: YE, CHAIRPERSON NEWMAN DECLARED THE MOTION by Mr. Saba; seconded by Mr. Kondrick, to receive the January 6, 1994, ousing & Redevelopment Authority minutes_ UPON A VOICE V E, ALL VOTING AYE, CIiAIRPERSON NEAMAN DECLARED THE MOTION CARRIF UNANIMOUSLY_ 7. J LS MOTION y Mr. Kondrick, seconded by Mr. Oquist, to receive the Januar�ll, 1994, Appeals Commission minutes_ UPO�1' A VOICE VOTE, ALL VOTING AYE, CiiAIRPERSON NEWMAN DECI.ARED THE MO,`P�ION CARRIED UNANIMOQSLY. _ RECEIVE TIiE FEBRUARY 3 1994 HOUSING & REDEVELOPMENT AUTHORITX MINUTES: 4.25 �:.,%:';:: FRIDLEY CITY COUNCIL MEETING OF APRIL 4, 1994 PAGE 2 APPROVAL OF MINUTES: COUNCIL MEETING. MARCH 21 1994: MOTION by Councilman Billings to approve the minu Seconded by Councilman Schneider. Upon a voice aye, Mayor Nee declared the motion carried unaryiS ADOPTION OF AGENDA: is presented . , all voting Y- Mayor Nee requested that the followi be added to the agenda: (13) Receive letter from Paragon Cab e dated March 29, 1994. MOTION by `Councilman Schneider to adopt the agenda with the above addition. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee decz�lared the motion carried unanimously. OPEN FORUM, VISITORS: Mr. David Sallman, �tiblic Safety Director, stated that Corporal Dave Prois is one o� five recipients of the honorable mention award for the Minneso a``� Police Officer of the Year. He stated that Corporal Proi�s a twelve-year veteran of the Fridley Poiice Department. �He also cited an incident on August 15, 1993 where Corporal Pr-ois was able to convince a person to put down his weapon and avoi�' the use of deadly force. Mr. Sallman stated that Corpora�.� Prois was also instrumental in organizing the bike patrol . May,dr Nee and members of the Council extended their congratulations td Corporal Prois for receiving this award. PUBLIC HEARINGS: (� l. PUBLIC HEARING ON REZONING REOUEST ZOA #94-01 BY SCOTT LUND OF RITE-WAY MOBILE HOME REPAIR, TO REZONE PROPERTY FROM C-3 GENERAL SHOPPING CENTER DISTRICT TO M-1 LIGHT INDUSTRIAL GENERALLY LOCATED ON HIGHWAY 65 SOUTH OF FIRESIDE DRIVE AND NORTH OF 73-1/2 AVENUE N.E.: MOTION by Councilman Schneider to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:48 p.m. Ms. Dacy, Community Development Director, stated that this parcel is located on the north side-of 73-1/2 Avenue and east of Highway 65. She stated that the petitioner is proposing to rezone the east 180 feet of Lot 3, Block 1, Central View Manor Second Addition, from C-3 to M-1. Ms. Dacy stated that the Planning Commission recommended approval of this rezoning request based on several factors. She stated that the rezoning is compatible with adjacent uses and zoning and 4.26 FRIDLEY CITY COUNCIL MEETING OF APRIL 4, 1994 PAGE 3 continues the existing pattern in the immediate area of M-1 zoning to the south and east. Councilman Schneider asked the setbacks and screening requirements relative to the northwest corner of the mobile home park. Ms. Dacy stated that for light industrial or commercial develop- ment, a six foot screen would be required. She stated that currently there is a six foot chain link fence which separates the mobile home gark from this property. She stated that the petitioner has to submit a landscaping plan with the plat. No persons in the audience spoke regarding this proposed rezoning request. MOTION by Councilman Schneider to close the public hearing. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 7:51 p.m. � 2. PUBLIC HEARING ON PLAT RE4UEST P S #94-01 BY SCOTT LUND OF RITE-WAY MOBILE HOME REPAIR, GENERALLY LOCATED ON HIGHWAY 65 SOUTH OF FIRESIDE DRIVE AND NORTH OF 73-1/2 AVENUE N E• 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 declared the motion carried unanimously and the public hearing opened at 7:51 p.m. Ms. Dacy, Community Development Director, stated that this request is to replat Lot 3, Block l, Central View Manor Second Addition and Lots 7, 8, and 9, Block l, Central View Manor, into one lot. She stated that the site plan indicates a 13,000 square foot building with associated parking and outdoor storage areas. She stated that one of the stipulations is to add seven additional evergreens along the north lot line and, if the existing fence is removed, the petitioner would install a fence. Ms. Dacy stated that the petitioner will need to submit a revised site plan showing a five foot hardsurface parking setback from the building along the west and north property line. Ms. Dacy stated that another issue of concern was the lot area which is 1.39•acres. The minimum required is 1.50 acres. She stated that staff originally recommended that additional property be obtained from the property owner to the west; however, the Planning Commission recommended approval of the plat without that stipulation. She stated that the Planning Commission felt the area to be obtained from the adjacent owner was consistent with the lines on the south side of the parcel. She stated that staff has also added a stipulation regarding payment of the park fee. Councilman Schneider asked what volume of traffic is anticipated from this development. 4.27 FRIDLEY CITY COUNCIL MEETING OF APRIL 4, 1994 PAGE 4 Mr. Lund, the petitioner, stated he did not believe that traffic would be an issue, as it would involve mostly their employees coming to work in the morning and then going out on various jobs that are contracted. Councilwoman Jorgenson asked if work would be done at this site. Mr. Lund stated that all their work has been off site. He stated that they would like to be able to park some mobile homes in the parking lot but would not do any outside work on the premises. Councilman Schneider asked how many mobile homes might be parked in the parking lot. Mr. Lund stated that possibly three or four would be parked in the parking lot; however, most of the time there would not be any. Mayor Nee asked if their facility could provide space so a mobile home could be repaired on site. Mr. Lund stated that they are proposing to install a wide roll up door so it will be possible for a mobile home to be moved inside. He stated that repairs to the mobile homes are usually done in the mobile home parks. He stated that this is less costly than to move the mobile home to their site for repairs. t No.other persons spoke regarding this proposed plat. MOTION by Councilman Schneider to close the public hearing. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:00 p.m. NEW BUSINE5S: 3. A. MARCH 23, 1994• I D 1090 73Rp/AVENUE N.E.: 0 17 MOTION by ouncilman Billings to set the public hearing on Prelimin y Plats, P.S. #94-02 and P.S. #94-03 for April 18, 1994. �` Secon d by Councilwoman Bolkcom. Upon a voice vote, all voting '�'�.:. aye, Mayor Nee declared the motion carried unanimously. 4.28 FRIDLEY CITY COIINCIL MEETING OF MAY 2 1994 PAGE 6 for each occurrence; on May 6 and 7 and the Labor Day weekend; {2j the use of streamers, pennants, and flags is prohibited; (3) the petitioner shall comply with the temporary siqn ordinance for all temporary signs on the property; (4) the petitioner shall obtain a temporary building permit and shall comply with Article 32 of the Uniform Fire Code; (5) portable toilets shall be handicapped accessible; (6) the petitioner shall provide a traffic mana ment person to properly control traffic on-site and to prevent oblems occurring on 69th Avenue at the University Avenue fro age road, and to direct unnecessary traffic away from the residential neighborhood; (7) the participating dealerships sha apply for and receive the appropriate City licenses; (8) there�shall be no test driving of cars in the residential neighborhoad�located south of 69th Avenue and in Locke Park; (9) barricades shall be placed at the entrance to the neighborhood on 69th Avenue and on 71st Avenue; the barricade at 69th Avenue shall include a sign with the language "residential area - no exit;" (10j the:cars for the sale shall be street operable and shaZl not be exeessively leaking fluid; and (11) the special use permit shal�� be reviewed by the Planning Commission prior to the next sale. Seconded by Councilwoman Jorgenson. - Councilman Schneider stated'that Friendly Chevrolet had one sale last year with two scheduled for this year. He stated that his concern would be if this amount keeps increasing every year. He stated that the Planning Commission discussed that if other businesses were to: request a similar permit, it could become an issue. He statec�'�that, at this time, he has no problems with it. Councilman Bixlings stated that last year, the Council was willing to support��wo sales per year and requested a review process after the firs�' year. He stated that if the sale is successful, he assumes �the petitioner would be back next spring for another spec�,al use permit. UPON A VOICE VOTE TAKEN ON THE AB0�1E MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. � B. ESTABLISH A PUBLIC HEARING FOR MAY 16 1994 FOR A VACATION REQUEST, SAV #94-01, BY SCOTT LUND, TO VACATE A 15 FOOT DRAINAGE AND UTILITY EASEMENT GENERALLY LOCATED ON HIGHWAY 65 SOUTH OF FIRESIDE DRIVE AND NORTH OF 73-1�2 AVENUE N.E.: MOTION by Councilman Schneider to set the public hearing on Vacation Request, SAV #94-01, for May 16, 1994. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilwoman Jorgenson to receive the minutes of the Planning Commission Meeting of April 20, 1994. Seconded by Councilman Schneider. upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 4.29 FRIDLEY CITY COIINCIL MEETING OF MAY 16, 1994 PAGE 6 Councilman Billings stated that barring any negative report om the attorney, the City, other than having the ability to rev' w the purchase, is really not part of this transfer between rtel and Paragon. Mr. Moravetz stated that if there is not any ing adverse in the financial, technical, or legal qualificati s, none of the cities involved could unreasonably deny a tra er. No other persons in the audien spoke regarding this proposed transfer of the cable televis' n operations. MOTION by Councilman Sc eider to continue this public hearing to the June 20, 1994 C uncil meeting. Seconded by Councilwoman Jorgenson. Upon a�voice vote, all voting aye, Mayor Nee declared the motion car�d unanimously. Mayor N stated that reports from the attorney and the reco dations from the CATV Advisory Commission will be available at e June 20 Council meeting. � 2. PUBLIC HEARING ON VACATION REOUEST, SAV #94-01, BY SCOTT LUND, TO VACATE A 15 FOOT DRAINAGE AND UTILITY EASEMENT GENERALLY LOCATED ,ON HIGHWAY 65 SOUTH OF FIRESIDE DRIVE AND NORTH OF 73-1j2 AVENUE N.E.: MOTION by Councilman Schneider to waive the reading of the public hearing notice and open the public hearing. Seconded.by Councilman Billings. Upon a voice vote, all voting aye, Ma�or Nee declared the motion carried unanimously and the public hearing opened at 8:15 p.m. Ms. Dacy, Community Development Director, stated that this is a request by Mr. Lund to vacate a 15 foot drainage and utility easement for property located in the northeast corner of 73-1/2 Avenue and Highway 65. She stated that the property i.s vacant at this time. She stated that Mr. Schrader, an adjacent property owner, has also agreed to participate in this vacation request to vacate the portion of the easement located on his property. Ms. Dacy stated that the petitioner, Mr. Lund, is also proceeding with a plat and rezoning to subdivide the parcel for an office/ warehouse building. She stated that the Planning Commission recommended approval of this vacation request subject to approval of the rezoning and plat. Mayor Nee stated that he could not understand why the property owner to the east has not commented regarding this vacation request. Ms. Dacy stated that this property owner was notified when this vacation request was before the Planning Commission. She stated 4.30 FRIDLEY CITY COUNCIL MEETING OF MAY 16 1994 PAGE 7 that she would be willing to contact the property owner to make sure he or she has no objection. No other persons in the audience spoke regarding this proposed vacation request. MOTION by Councilman Schneider to close the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:30 p.m. OLD BUSINESS• 3. �TABLED MAY 2, 1994): Mayor Nee removed this item from the table. 0 Mr. Flora, Public Works Director, stated it is propo d that the City utilize the Australian specifications for a s 1 portion of the 1994 sealcoat program. He stated that MnDOT ould contribute $5,000 towards this program. He stated that th remainder of the streets will utilize the standard MnDOT spec' ications where the aggregate and emulsion are weighed. He ecommended that the Council award the bid for this project to he low bidder, Asphalt Surface Technologies Corporation (Astec , for $191,358.04. Councilman Schneider stated that item at the last meeting was to the studies by the Minnesota Dep� He stated it is his belief that,� controlled fashion. / his only reason for tabling this tr to understand the results of ment of Transportation (MnDOT). the sealcoat can be applied in a MOTION by Councilman Schn 'der to award the contract for Street Improvement Project No. T. 1994-10 to the low bidder, Asphalt Surface Technologies Corporation (Astech) in the amount $191,358.04. Seconde by Councilwoman Jorgenson. Upon a voice vote, all voting a, Mayor Nee declared the motion carried unanimously. 4. w F� MOTION by �ouncilman Schneider to waive the reading and adopt Ordinance �i�To. 1029 on the second reading and order publication. Seconded��by Councilwoman Jorgenson. Counc�man Schneider stated that he questions the reason for these chana s. r Larson, Deputy Fire Chief, stated that the Fire Chief is viewing all the ordinances pertaining to the Fire Department and leaning up the language, as some are outdated. 4.31 � �� l�.: `::::.>:::. Councilwoman Jorgenson stated that the fee hedule has already been reduced from what was originally pro sed. She also stated that she really did not want to make a changes in the ordinance related to the conduct issue. %� MOTION by Councilman Schneider to waive the reading and approve the ordinance on first reading. Seconded by Councilman Billings. Upon a voice vote, all voting axe, Mayor Nee declared the motion carried unanimously. 7. FIRST READING OF AN ORDINANCE APPROVING A REZONING REQUEST ZOA #94-01, BY SCOTT LUND OF RITE-WAY MOBILE HOME REPAIR TO REZONE PROPERTY FROM_C-3, GENERAL SHOPPING CENTER DISTRICT TO M-1_, LIGHT INDUSTRIAL, GENERALLY LOCATED ON HIGHWAY 65 SOUTH OF FIRESIDE DRIVE AND NORTH OF 73 1/2 AVENUE• Ms. Dacy, Community Development Director, stated that this is a request to rezone 1.4 acres from C-3 to M-1 in order to allow construction of an office/warehouse building for Rite-Way Mobile Home Repair. MOTION by Councilman Schneider to waive the reading and approve the ordinance on first reading. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 8. FIRST READING OF AN ORDINANCE APPROVING A VACATION REQUEST SAV #94-01, BY SCOTT LUND AND ALVAN SCHRADER TO VACATE A 15 FOOT DRAINAGE AND UTILITY EASEMENT. GENERALLY LOCATED ON HIGHWAY 65 SOUTH OF FIRESIDE DRIVE AND NORTH OF 73 1/2 AVENUE • Ms. Dacy, Community Development Director, stated that this is a request to vacate a 15 foot drainage and utility easement on Mr. Lund's and Mr. Schrader's property. She stated that staff inet with the petitioner and his consulting engineer and reviewed the drainage issues. She stated that they are preparing revised calculations to determine if the fifteen foot swale and pond proposed on Mr. Lund's property can accommodate the runoff. She stated that this information has not yet been received, but it is recommended that Council proceed with the first reading of this ordinance. The second reading would not be held until there are assurances that the drainage can be handled. MOTION by Councilman Schneider to waive the reading and approve the ordinance on first reading. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. RESOLUTION NO. 50-1994 APPROVING PLAT P S #94-01 CENTRAL VIEW MAI�TOR THIRD ADDITION, BY SCOTT LUND OF RITE-WAY MOBILE HOME REPAIR, GENERALLY LOCATED ON HIGHWAY 65 SOUTH OF FIRESIDE DRIVE AND NORTH OF 73 1/2 AVENUE: MOTION by Councilman Schneider to adopt Resolution No. 50-1994 with the following stipulations, attached to the resolution as Exhibit 4.32 FRIDLEY CITY COIINCIL MEETING OF JUNE 20 1994 PAGE 24 A: (1) the peti-tioner shall submit a revised site plan prior to the issuance of a building permit showing a 5 foot hardsurface setback along the west side of the building: (2) the petitioner shall provide additional screening through planting of seven, 6 foot high coniferous trees along the north property line; {3) the petitioner shall construct a minimum 6 foot high screening fence along the west property line. The screening fence shall be constructed of chain link and contain metal slats; (4) outdoor storage shall be permitted if the following conditions are met: (a) the outdoor storage shall occur on a hardsurface; (b) the materials to be stored shall be less than 15 feet in height; (c) the materials to be stored shall not be seen from the public right-of- way; and (d) the petitioner shall install a gate with slats parallel to the rear line of the building; (5) the petitioner shall submit an amended landscape plan prior to the issuance of a building permit with the following changes: (a) underground irrigation shall be provided; (b) the dimensions of the existing trees to be saved shall be indicated on the plan to calculate credit for existing trees; and (c) four additional 6 foot high coniferous trees shall be added to comply with the ordinance. The 7 coniferous trees shall be pZanted along the north property line for additional screening from the residential district to the north; (6) the petitioner shall submit a revised grading and drainage plan complying with Scott Erickson's memorandum dated June 8, 1994 prior to the issuance of a building permit; (7) if the fence adjacent to the mobile home park is removed, the petitioner shall install a minimum 6 foot high screening fence with slats along the north lot line; (8) a park dedication fee of $1,394.28 shall be paid at the issuance of the building permit; and (9) this plat approval is contingent on final approval of Vacation Request, SAV #94-01. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. 205.15.1.C- �t 7.P1'ATT7VC U MOTION by Councilwoman Bolkcom to wai�ie the reading and approve the ordinance on first reading. Secorided by Councilman Schneider. �' Councilman Billings stated�h t Item g throughout this ordinance implies that the Anoka Cq�nty Health Department and the Minnesota Department of Agricul�re are the only agencies involved in the licensing. ,/ MOTION by ordinance, license sh but not l� Coun "ilman Billings to amend Item g throughout this a followss "Prior to conducting sales activities, a 3 be obtained from all appropriate agencies, including ited to the, Anoka County Health Department, Minnesota 4.33 FRIDLEY CITY COUNCIL MEETING OF JULY 11, 1994 PAGE 10 Mr. Lexvold stated that they are also trying to identify the building with the parking sign, as people come from Unive sity Avenue by way of West Moore Lake Drive and get to Highway 6 efore they realize they have passed the funeral home. He ated that they are trying to get people to their building w' the least amount of problems. Councilwoman Jorgenson asked if the sign on ighway 65 could be placed closer to West Moore Lake Drive so t t it is visible from both streets. Mr. Lexvold stated that in order to 1 ate the sign closer to West More Lake Drive, a large tree wou have to be removed and land- scaping redone. Councilwoman Jorgenson aske Mr. Lexvold if he know how much of their traffic comes from W st Moore Lake Drive. Mr. Lexvold stated tha.�`he did not have any statistics. f � Under the existi�g code, they would be allowed two four foot directional sians. Councilman S�hneider stated that there is a question whether a variance �s��really needed. He asked Mr. Lexvold to try to come up � with a,,.�proposal that would meet the code requirements for a direc��ional sign. M�i'ION by Councilman Schneider to table this item. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � 5. ORDINANCE NO. 1030 APPROVING A REZONING REQUEST, ZOA #94-01, BY SCOTT LUND OF RITE-WAY MOBILE HOME REPAIR TO REZONE PROPERTY FROM C-3, GENERAL SHOPPING CENTER DISTRICT, TO M-1, LIGHT INDUSTRIAL GENERALLY LOCATED ON HIGHWAY 65 SOUTH OF FIRESIDE DRIVE AND NORTH OF 73 1/2 AVENUE: MOTION by Councilman Schneider to waive the second reading and adopt Ordinance No. 1030 on the second reading and order publication. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � 6. ORDINANCE NO. 1031 APPROVING A VACATION REQUEST, SAV #94-01, BY SCOTT LUND AND ALVAN SCHRADER TO VACATE A 15 FOOT DRAIIJAGE AND UTILITY EASEMENT GENERALLY LOCATED OI�I HIGH�dAY 65 SOUTH OF FIRESIDE DRIVE AND NORTH OF 73 1/2 AVENUE: MOTION by Councilman Schneider to waive the second reading and ( adopt Ordinance No. 1031 on the second reading and order publica- l.,'``, tion, subject to the following stipulations: (1) petitioner shall 4.34 ( �t�,��. FRIDLEY CITY COUNCIL MEETING OF JOLY 11 1994 PAGE 11 provide a copy of the temporary grading easement from the property to the west; (2) a concrete x-gutter should be ir.stalled at the driveway entrance; and (3) concrete curb and gutter should be B612 type curbing. Seconded by Councilwoman Jorgenson. Councilman Billings stated that as a result of the public hearing on this vacation request, adjacent property owners were asked to sign that they had no objections_ He stated that the petitioner, Mr. Lund, has been talking to the adjacent property owners, and it appears there is a drainage pipe from the trailer court that runs across his property and is not necessarily in the drainage ease- ment. He stated it now appears that Mr. Lund will have to spend $6,000 to $10,000 to replace that drainage pipe which he is not sure should be there because it is not in the drainage easement. Councilman Billings stated that the adjacent property owner to the east, Mr. Buzick, stated that he was before the Council several years ago regarding the storm water problems in the area. At that time, the Council informed him they would have to review the drainage on a larger scale, rather than just his property and the property immediately adjacent. Councilman Billings felt that because someone is developing a piece of property, he should not necessarily have to provide adequate drainage for the entire area. He stated that he would like to have a drainage study completed to determine who is responsible for drainage in this area. Ms. Dacy, Community Development Director, stated that the existing pipe that removes water from the mobile home park is now dis- charging in the northeast corner of Mr. Lund's property. She stated that Mr. Lund is obtaining an estimate to connect the discharge pipe to the pond. Ms. Dacy stated that Mr. Buzick owns property to the south and east. She noted the problems that he is having and that runoff from the Super America station was backing up to his system. She stated that each property owner is responsible for maintaining water on his property. She stated that Mr. Buzick and Mr. Determan both installed drainage systems. She stated that Mr. Lund is accepting water from adjacent properties and, if Mr. Lund develops the land, owners would be responsible for maintaining water on their property. � Councilman Billings stated that Mr. Determan previously had an open ditch before the underground pipe was installed. Ms. Dacy stated that installation of the underground pipe was part of Mr. Determan's parking lot expansion. Councilman Billings felt that it should be determined who is re- sponsible for the storm water and what kind of plan exists to 4.35 FRIDLEY_CITY COUNCIL MEETING OF JULY 11, 1994 PAGE 12 handle the storm water_ He stated that it appears something more than natural drainage is taking place, and the issue should be addressed on who is responsible. Mr. Flora, Public Works Director, stated that there are a number of issues. He stated that the drainage system in this area was established many years ago. He stated that storm water comes from Spring Lake Park and Mounds View and drains through this system. He stated that the City is working with the County in conjunction with the upgrade of Central Avenue, and it is hoped that ponding will be established in Spring Lake Park during this improvement. Mounds View has plans to deal with their water on Stinson Boulevard. He stated that as those projects develop, there probably will be reduced flow, but no major studies have been done for this area. Mr. Lund stated that he did not want to receive everyone else's water, and that he has to install a pipe. He felt that this drainage problem has to be addressed on a broader scope as new development occurs. Mr. Flora stated that he did not personally feel this project is a problem. He stated that if there are problems, individual owners deal with their own water. Mr. Lund stated that he did not want to go to the expense of installing the piping and then have to change it at some future date. Mr. Herrick, City Attorney, felt that perhaps Mr. Lund should address this issue with the property owner to the north. He felt that there should be some determination as to the history of this water draining onto Mr. Lund's property. He stated that the usual rule is that a property owner cannot discharge his water to another property without approval of the owner or without having a valid easement. Councilman Schneider asked Mr. Lund how much piping he had to install. Mr. Lund stated that there is a twelve inch pipe in the northeast corner of his property, and he would have to install about 100 feet of twelve inch pipe and then connect the back storage lot with an eighteen inch pipe for 200 feet to the pond. He stated that this is about 300 feet of piping that was not originally figured for drainage. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION FOR ADOPTION OF THIS ORDINANCE, all voted aye, and Mayor Nee declared the motion carried unanimously. 4.36 I _ � DATE: TO: FROM: SUBJECT: Community Development Department PLANNING DIVISION City of Fridley January 17, 1996 William Bums, City Manager ,�Y' !� Barbara Dacy, Community Devetopment Director Grant Femelius, Housing Coordinator Establish Public Hearing for 1996 CDBG Program Anoka County has informed us that we should begin preparations for the 1996 Community Development Block Grant program. Although funds have not been appropriated by Congress due to the budget stalema#e, it is expected that the CDBG program will survive proposed cuts. Anoka County is instructing cities to use the FY 1995 figures when preparing their 1996 budgets. If this logic holds trve, Fridley should receive approximately $155,223 this year. Anoka County is also instructing cities to follow the same application and approval process as in past years despite the problems in Washington. Therefore, the Council should schedule a pubtic hearing for February 12th to consider the 1996 CDBG program. Staff is recommending that 85% of the funds be allocated for housing rehab ($132,023) and that the remaining 15% be used for public service activities ($23,200). The public service cap is established by HUD and applies to the County's entire CDBG allocation. A memo from Anoka County is attached for your re#erence. It should be pointed out that #he Senior Outreach and Senior Home Companion programs technically fall under the public service category and if funded would be subtracted from the Public Service Pool. We would also like to note that Anoka County-and HUD are requesting cities to use more discretion when funding public service agencies and establish a minimum grant amount of $5,000 (see attached memo). Additional information will be presented at the public hearing on February 12th. Formal action to approve the 1996 program would occur on February 26th. The application is due at the County by February 29th. Recommendation Staff recommends that the Council establish a public hearing for February 12, 1996 to consider the 1996 Community Development Block Grant Program. '� •. 5.01 � ..y'" i 1� � � 4S� i�'.` `'fi H. �� ; v, :• �," �- 4 •._asa �. :� x ��;`�*� . � �, �� :� _� �' �' � �� -�� .� �,. , (. 4 �,.,_.... .-...wT..aerw.. COUNTY OF ANOKA Urban Anoka County Community Deve%pment Block Grant GOVERNMENT CENTER 2100 3rd Avenue • Anoka, Minnesota 55303-2265 • i612) 323-5709 December 22, 1995 Mr. Grant Fernelius, Housing Coordinator City of Fridley 6431 University Avenue N.E. Fridley, Minnesota 55432 Dear Grant: Attached is an estimate of the 1996 Community Development Block Grant (CDBG) that can be used for planning 1996 activities. A work schedule for developing the grant proposal is also attached. The amounts shown are still estimates. Anoka County has not received any notification of grant allocations from HUD. When planning, please remember that Public Services are limited to 15°�6 of the County's HUD allocation. If the request for public services exceeds that amount, requests will be cut. HUD is recommending that Anoka County discourage small contract amounts for public services. To keep administrative costs down, 1 am asking that you consider funding non-profits for no less than 55,000. Perhaps looking at the residents served in your community by a non-profit will make choices easier. All projects must primarily benefit low income persons/households or clean up conditions of slum and blight. You will be notified soon about a meeting to�discuss grant procedures. Please call me at 323-5709 if you have questions. AAO:sw Enclosures (2) cc: Jay McLinden Tom Durand Sincerely, �:��%� � � Alyce A. Osborn Community Development Manager 5.02 Affirmative Action / Equal Opportunity Employer Area I Area il Blaine Columbia Heights Fridley Anoka Coon Rapids East Bethel Lino Lakes Spring Lake Park Andover Ham Lake Area III Ramsey Oak Grove Linwood Circle Pines B�rns Colum6us Area 1V Hilltop Lexington Bethel St. Francis Centerville ESTlMATE 1996 CDBG Budget S 189,334 5238,370 S 155,223 S 173,323 5289,950 545,607 538,605 531,221 557, i 33 542,551 534,772 530,61 � S 19,063 S 10,677 S 1 i ,085 820,610 S 13,490 521,714 58,584 529,392 $7,869 A deduction of S 1,000 from each community is taken for each year of participation. The deduction will 6e made at time of city application. 5.03 ANOKA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT WORK SCHEDULE - '1996 Dec. 15 - Dec. 29 1996 Jan. 2 - Jan. 25 Jan. 26 - Feb. 28 Jan. 25 Feb. 15 - Mar. 15 Mar. 15 - Apr. 8 Ma�. 21 Mar. 29 2nd Tues. Apr. (Apr. 9) Apr. 9 - Ap�. 19 3rd week in April Apr. 25 2nd Tues. May tMay � 4! May 15 July 1 Initial discussions among local staff/elected officials concerning new projects. City/County discussions about new projects. (Time to resolve eligibility, etc.) Any local public hearings. *City develops and submits grant request to County. HRA (vianagemeni Committee considers extension requesis ior unspent funds from prior years. County assists cities/towns to refine 1996 project application requests igathering local data, supporting material, etc.) County develops final grant request including all city/town project requests, HAP, goals, objectives, a�d budget. HRA Management Committee reviews 1996 grant request. Pubiish public hearing notice. County HRA Public Hearing. Complete final grant writing and grant notice for publication. Re-publish Proposed 1996 Application if necessary. HRA Management Committee reviews final 1996 grant request. County HK,q reviews frinai ciacurr�e� �t. Submit grant request to Dakota County to be included with 4-County Consortium. Funding availability - commu�ities will receive notice of availability from Anoka County. 5.04 En9ineering Sewer 'h'3tCr ParMs Svects hla�ncenance TO: William W. Bums, City Manager �� PW96-016 � FROM: John G. Flora,�ublic Works Director DATE: January 22, 1996 SUBJECT: Locke Lake Excavation Public Hearing With the negotiated settlement of the Rice Creek Watershed District's (RCWD) Locke Lake excavation project, the City is required to contribute $54,000 in funds to the RCWD to reduce the amount of payment required of Ramsey County. At previous meetings with the Locke Lake Homeowners Association, the members supported an additional assessment to the Locke Lake excavation to expedite the removal of sediment from Locke Lake and elimination of the Ramsey County legal appeal. Accordingly, it would be appropriate for the City Council to set a public hearing for the Locke Lake Excavation Project No. 255 as a means of setting the assessment of the $54,000 for the excavation to the abutting 43 Locke Lake property owners. It is proposed to assess each of the abutting properties equally an amount of $1,255.81 for a 10-year period. Recommend the City Council set the public hearing for the Locke Lake Excavation Project � No. 255 for February 26, 1996. JGF:cz Attachment 6.01 �/� •i� • •.�. � CITY OF FRIDLEY NOTICE OF HEARING ON I�[PxOVEMENTS LOCKE LAKE EBCAVATION WHEBEAS, the City Council of the City of Fridley, Anoka county, Minnesota, has deemed it expedient to receive evidence pertaining to the improvements hereinafter described. NOW, THEREFOxE, NOTICE IS HEREBY GIVEN THAT on the 26th Day of February, 1996, 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: excavation, grading, shaping and hauling of sediment, to wit: �_ ' � • �� _ � �_ Locke Lake improvement including excavation, grading, shaping and hauling of sediment from the basin as follows: Locke Lake Est. $54,000 All of the land abutting upon said lake named above and all lands within, adjacent and abutting thereto. All of said land to be assessed equally according to the benefits received by such improvement. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids, should contact Roberta Collins at 572-3500 no later than February 19a 1996 . PUBLISHED: FRIDLEY FOCUS February 1, 1996 February 8, 1996 February 1 S, 1996 6.02 ��e � G��q t�=� \ �' -; . f_ : Drive - . ��'�o `�' � , �ssua'� ��, c`�y� � us`� ��f . _ - _ , ,s � :.; :� . ��:.. �t �_' xt 7. ..: . j�; yy�.�C .. . ' -'-r} �-.�'. .��t � ✓ � �_ — —__ � �� ,, -.___ � . � �' � , -� , � . � . ..� . . . . . .�. _ _ . _ _ •.•-•�.—'r______� ' _ , ' . . _ _. ----�- � �, , . '. - ,r � i =�. � � � � '� _ . / � - � _ _._ _._ " � . '� . . "•' -{ . � ` - .. . � . -. . .�� - � . �I . - . . . . . _ . -F, 1 `� .. ' . i8?.j ';�'. �rj . . . -. -...� ' -.i � � � � - (.1Y; ), : �63 - � • (u). .�65 .. _. � ��... . ..___. 1n) �u��- (u) * - : •� bBl7 � :.�0'_ (31� � - � .`I , ( u 1 . . � � :� � : . `, y ', c 1 � • � • • � � . � � �.��'� �.•• � � � � • � ` � \ . � '�r' , 68Ur1 ' ( u ) ^ry I ( u 1 - � _ �_ 1 - - --- `� ' Locke I.ake Road � � ; ( \, _ , � � - l�s) a � i�� locke take w l�) �� . : __. 5� - _ - - . i - (i�) _ . 6i95 � t 4i ) � ` . . ... .. ( t� ) . ' �"� . _ fl ` � __ I�)- _. _ �i , �r� I i�) ; , �" �' - g l=�) � . • u � , i - ; . � :. �� N� . - �. . t�1. c:�vr r'� / ; 1 ` � � - . l�l ' % ; �H� g _ • . : ��tr r (�� i ,- ' i. . - . t n�' �, �� ' , ' � --/ :: _ - , ,.. --- .c°' . CC�, � � j ', `�'. � 6745 f (H) . .1 _- . ; . -„ -... � a - - ,; ' -- _. _ - � r ._._ . ..� _ . . �.. t c ► .�c_ � + — ---c- = � /,�� ' _ �r---- _ '"`' ;� ; ' j- f�� ; .t. - ��.. . . r �� °�� '< Locke' Lake ,�, � ' " se '� ��i. � ��\,ty } :4 • ._ � 1 � � , . �,' /; r.. � _ � "� t�':: .�g�� . .'. C.t ( n � � • �"� � a )" , ' tu� tu� �s,, •�''� . �a�.� �ee,`� = ' . R��' _ , ��6.03 � t�) I : . " � �-'� .. � _� _ s..,.�-� _ z . . -o - - - . � •� • crt c� y '_ � �H� \ � - I �:... � I ; � ; TO: William W. Sums, City Manager �ir�'�� PW96-012 FROM: John G. Flora,�ublic Works Director DATE: January 22, I996 SUBJECT: Sanitary and Storm Sewer Repair Project No. 292 Within our 1996 budget we have identified funds for the restoration of our sanitary and storm sewer lines. The sanitary repair work is concentrated on corrugated metal pipe which we are lining to extend its Iife and prevent further rusting and deterioration of the system The storm sewer work focuses on those systems where they were laid with open joints. This year's project consists of 1,3161ineal feet of 15 inch CMP sanitary sewer on 7th Street. Our storm sewer consists of 417 lineal feet of 36 inch open jointed concrete pipe on 7th Street. This yeax we have included an altemate bid item for lining an additiona1330 lineal feet of 15 inch sanitary sewer CMP on 7th Street if funding permits. The 1996 budget has $120,000 budgeted for the storm sewer repair and $85,000 for the sanitary sewer repair. Recommend the City Council authorize the staff to advertise for the 5anitary and Storm Sewer Repair Project No. 292. JGF:cz Attachment 7.01 �_ � •i► •. �, . � RE90LUTI�T PU. - 1996 •�x • 1 •' •i•��';�• � � i• •.• � � i� • •.� � • • ' • i� •�•i�':�• � • ��• Bi'.1 _i5� 151 ' • ' 1�-: :1• 1 V� '♦ i� • ' :1�^ ai• •J;�{• . �• •,• J • W�RE�lB, the City Oatuzcil of the City of Fridley has establi.shed a policy of repair to sanitary aryd stozm se�+�rers when neoe..s.sazY� i�REAB, the Public Works Direct-.or has sulsnitte�d a plan shawing the sanitary and storm sewers in riee�d of repair, 1�7W, �, BE IT �, by the City Uaancil of the City of FridleY� Anoka Oa�ntY Minnesota, as follaws: � 1. �hat tl�e sanitaYy arxi s�tarm sewexs reoam�z�ed for repair by the Public Works Departmerit be repaired, arid the wnrk itYVOlved in said in�resveament shall hereafter be desiynated as: SAHITARY ATID STOIiM SEWER �iIR PRU7BGT AU. 292 2. �e platis and specificati�s prep�ared by the Public Works Departme.nt for such inprove�merrt and eac� of them, pu�suant to the Oauzcil action heretofore, are hereby appraved and shall be filed with the City Clerk. 3. �he work to be performad under SAI�IITARY At�ID SR� SEWER REPAIR PRp►TECT 1�U. 292 be perforn�ed under one contract. The Public Works Director shall a000rclingly prepare and cause to be inserted in the official r�ewspaper far� bi�3s upoai the making of such improvements urxier such aPA�� Plans ar�d specificati�. 'Ilze shall be published for �tw�o (2) weeks (at least 10 days), and shall specify the woork to be done and will state that bids will be c�pex�ed at 10:00 a.m. o� FRIL�Y, � 16, 1996, in the Cauncil Chambers of the City Hall, and that no bids will be c�nsidered unless sealed and filed with the Public Works Director and a�iied by a cash deposit, bid bond, or certified check payable to the City of Fridley for five per�cent (50) of the amoiult of such bid. That the advertis�lt for bids for SANTI�RY AI�ID STORM SEIqER REpAIIt p�aQ7E7GT I�U. 2g2 sh�].1 be substantially st.andan3 in form. PASSID AND ADOPI'ED BY T� CITY OO�IICIL OF '!� CITY OF FittDLEY ZHIS 221�ID DAY � JANiA�RY, 1996. rvMy�.� WILLIAM A. Q�A - CITY CIERK %.�2 WILLIAM J. NEE - MAYOR October 30, 1995 CAPITAL IMPROVEMENT PROGRAM PROJECT AREA �ROJECT AR � STORM WATER ��R� 1995 STONYBROOK CREEK REPAIR RICE CREEK STABILIZATION (600 BLOCIn NORTON CREEK REPAIR 'f RELINE �8-IN. STORM SEiAfER LJP1E — OLLD CENTR/1L FROM 73RD TO 75TH RICE CREEK STABIUZATION (700 BLOCl� �AR: 1996 STORM WATER UTIL STORM WATER UTIL (ENCUMB `94) STORM WATER UTIL STORM WATER UT1L STORM WATER UTIL TOTAL PROJECT FOR SPRINGBROOK CREEK STORM WATER UTIL OAK GLEN CR. EROSION PROJECT STORM WATER UTIL RIVERVIEW TERRACE UPGRADE STORM WATER UTIL ''NIOIdITOR SPRINt3�ROOK CREEK STORM WATER UTiL {t3RAiVT �30,000} (RESODURCE INVESTK3�P►T1G1P! PRK$JECT C3RANn *RELlAlE 361N. STt2RM SEWER l.IAIE - 7TH ST RIORTH �F MISSISSIPPI ST STORM WIATER UT1L - ��R� 1997 �AR` 1998 " NEW PROJECTS *" RELOCATED PROJECTS t DELETED PROJECTS TOTAL PROJECT FOR 7.03 120,000.00 55,000.00 25,000.00 110,000.00 15.000.00 �325.000.00 75,000.00 50,000.00 100,000.00 �1,3�40.00 12Q.Od0.Q0 �386.�40.00 �J. . � '�: .. , t� ��" • � �� • .. `• ••. �E �• 4�NC :1.\ \ i �� i .� :� � 1 ss �~ 1- . o" _jri,J _ ,E �_r.. �— O�CT lJ' N C' / , �. _ � �� t . O , t ? w f t � 2 l ' � P % O N � 1 Q Q �I l iS 1 � • tr�� tl � 6�TM . �WCMV£ \ �� _� f, : � = � . � �� " '_ �� r ♦ � .. ti I 1 V f A 4 , 1 li ' � i � � � � � b � ► _• � � i i s• rr �,s •.trix � � �� . � L—J , � 36" c�ovcR 1►f� sTff(T . ' _ . � . • s( - T7 � DRW( . • �8~ - t h 1• • F L y � „ c ., ., � ~ � e � ` � M I w w � f = w ' O = � V t � � M O � ♦ � '� c v t ` i t 2 i. i� '2 � � � - ] O n n u �� .-. �.. �- �--.r—,��—..-- 7.04 417 L.F. of 36 Inch R.C.P. m BASE B1D STORM SEWER ? ' n .� ,. October 30, 1995 CAPITAL IMPROVEMENT PROGRAM PROJECT AREA SEWER ��i�::<::�: ..........:: . 1995 REBUILD APEX LIFT STATION REBUILD RNERWOOD LIFT STATION REBUILD NORTEL LIFT STATION SCADA UPGRADE TO SEWER LIFT STATIONS (SOFTWARE7 RELINE OR REPAIR SANITARY SEWER LINE LUCIA LANE TO HIGHWAY 65 SCADA UPGRADE TO RNERWOOD MSA SEWER LIFT STATION STUDY ��i�;�<:>' ..........:. 1996 SEWER FUND (ENCUMBERED 93) SEWER FUND SEWER FUND (ENCUMBERED 94) SEWER FUND SEWER FUND SEWER FUND SEWER FUND TOTAL PROJECT FOR 50,000.00 30�000.00 30,000.00 48�000.00 75�000.00 10,000.00 9.760.00 5252.760.00 RELINE OR REPAIR SAN. SEWER LINE - 7TH ST FROM 61 ST NORTH 1300 FEET SEWER FUND 85,000.00 REBUILD INNSBRUCK LIFT STATION SEWER FUND 52,000.00 SCADA UPGRADE TO INNSBRUCK LIFT STA SEWER FUND 10�000.00 " EAST RNER ROAD DNERSION TO SEWER FUND (93 ENCUMBER 60,000) ��0„QOOa00_ TO MWCC INTERCEPTOR il�f[�7Z��1��3��I� " �:.,�..��,.�.;c;:< �� 1997 RELINE OR REPAIR CORRUGATED SEWER LINE - 7TH SOUTH 1400 FT FROM MISS. AVE TO 67TH SEWER FUND SCADA UPGRADE TO VET CLINIC LIFT STA SEWER FUND REBUI�D VET CLINIC LIFT STATION SEWER FUND TOTAL PROJECT FOR .,:.:......,..: ��,�� . ......... . ..... 1998 RELINE 8 REPAIR 1100 FEET OF CORRUGATED SEWER ON 67TH AVE FROM 7TH ST TO MADISON SEWER FUND SCADA UPGRADE TO APEX LIFT STATION SEWER FUND TOTAL PROJECT FOR 7.05 ` NEW PROJECTS " RELOCATED PROJECTS $267.Q00.00 � 85,000.00 10,000.00 25.000.00 5120.000.00 75,000.00 10.000.00 �� 0 I = J � . � ' : � � ., � 8� 8� ~ u 15+ � X 15" � � MJ� ( .1�' �T TI AV ( MV( 8 �/ ► • ■ ' � Kl � � � � �p — .I � � � � �- n _ . � { • j , . . � . . i ! . _ . y . . ' . i � � � . . . ' . .. � . -er 8w . 8 . • : • . � . . : CL ' • ' ' �u . _ lTRitT ' . p � _ . ' . � � • ' : � ' N►ETT pR�vt ' � _ r1!(V�T IINf � . . � H . . i. . r • M = y � v t[ B� :�N . H i4TM A+/CKJ[A� � v u c r ' ' 4� z t .. � . . 8 t � F �'� i t • s ! . . w • � � m _ � = V 8M . �� . • � ' . ' ' • � o�° 8 • • � ' � `s ,a a ' �' _ . .. a ° . . • � - 8„ ' ' � . ,� . .��._. 8y . � � �P-. . r�r.. � C = �kE . m . s . v � _ " SYLVAN HILIS � _ � � - A+B+C+D y � ^ IIfT Sfc � ' � � - � 8" G ` - � - � o. . � . ,. - 0 • 8�� opNE 8 • ��t ��M[ � � , . � . " . I � � pa�vc : S . • . :.• 3 � . � • . , ' . • z: 4 • _ - s� •• ap , . . c W 2 w � . f . . � . 2 . lA . - - , . � � .c_ . � . - � � _ . . . . . . . � . . � . M yIO~ ~ • ISM� . . � � :s � ' . • : il fT , • VC1tuE. . . � • ' . _ , . ._ _ � . " s "s . • z � . tp � «. • . ' . . - CO • �.. . W . W ' . . s °c °C - ' �� .. • . . �- - r:•_:. � � ~ � : , N . N: 3':' . • ' ' . � - . ' . . � , �•� 'f,` . ��.`��.�,�.��-Q' /' , � . . s<:� _ - ;� � � � iDtK J�V MU . . • 1 u �• .?'.� : _ � - u ' ,�:i� . r�. ' . . ,_ . . . ►�- . � � :� . ' . . ' � � . .. �. w f� .. : . . � • i . � . ' ' _ ' . . . . . , . , .jt.i. � 1 � , ' . : � - i , . . . v . r �� ., � 8,. • • . , . . . � � � ;, ' � � I�I \J f—_'="1 f��l f—ir'"1 f-'1 •.'t "' 1 f'-�l f—"lf l f if 1�; 7.06 � Base B�d 1316 Lineal Feet 15 Inch C.M.P. ` . � • , ' � . O '• F � '�. 0 ~ � � r z J � : 1 , ` g° g" G � 5" _ � I 5" , m , � � n J� � L� t 7 7 • V C M V( 8 .i • • � - �(1 u a � ' � (D `+ � r . a � n � . i � !• ' _ . ' t Y S . . . f . � ~ . . . � . . � . . " .. . � . . �l . M N At ` • . . . � � j ? - `� • k � _ ' � � � �� . iT�cer ' Q• � . - ' . � . � - � � i 2• • ' , �' MrETT D�IV[ � i - _ . ►111VAT LIlIC � f . . �. . y r . . � y y * r B" :1M . 8" s. TH .vL�,c A` .. . F � � .� �� . 4� _ ` r • ' . .. 8 t� � ' ►- . - . � _ � s � e� � � _ � CONTINUOUS WITH A+B+C+D � �° e' - - : _ ra M ' CO � . -- - - � 7 � s � g~ � .� � - 8" . _ _ • - c,NE . . � . - s . • .� : SYLVAN HI�LS � , - ' � � � "� � a UFT $f � � . � ^ 8� G F . o •- . . - 0 � . 8�� oRNE 8 . . . - CW+�[ l�M[ - ' � ' � . N • . pQ�vt - . • � . �, 3 ' . � . _ ° . • ` . s .. cp . . e ac � ? w . � . . e z LA . .- ' ' . ' ' ��- � . . - • h < � ' ' . . �- ' . I I F . .. � y�OM • « y . IJM .. _ . zJ vcnut. . . • : N sT . . , ' . � .. ' . . . � . — . . . - • _ � - - � . : . ._ •.j ::. _ = CO .. . . ' • . . . . � ' � � W � � - • ' ' ' . . W � � � _ . . •' ' . ' r ' � . h �' N . N.: _' • ' � ' . . � � . ' . +�� ' � . . , ' • � .. - . ' . • . . ' �, � . ' .. ' '...�_'�p..��.�.�y . . . • . . -- . r� . W TM - AV MY - . � � . . �- . . >.'.. � � � . �l . :..' ' . . • _ - . . �l _ ' 1 : ►- . . CO . ' •' ' " ' . ' . . . . . w 1 ' � , . • 's , , . . . i . , � .�'',� � . � _ � � � . . �,:[ • � . � . . , , . .>1 P. �- - . �., . � � , � � � j , ; ~ . v . ' . . . . i"'� N N 8� � \) f—`�1 r'��l f......v..� � y �. .i i4� / " " (-1f-1 f lf 1 (--1�1 �—' 7.�7 ALTERNATE BID E� 330 L.F. of 15 inch C.M.P. Engineermg Sewer W3Ie� PTrks Slreets ��Main�enance TO: William W. Bums, City Manager �� PW96-013 FROM: s John G. Flora, lic Works Director DATE: January 22, 1996 SUBJECT: Resolution for Miscellaneous Concrete Curb, Gutter and Sidewalk Project No. 294 Attached is a resolution ordering advertisement for bids for the 1996 Miscellaneous Concrete Cuxb, Gutter and Sidewalk Project No. 294. This resolution is being provided for execution by the City as mandated by State Law. This project covers remedial sidewalk, curb repair and replacement in the City whether due to utility repairs or driveway entrance permits. This project also covers additional concrete footings and slabs at the Fire Training Center. Recommend the City Council adopt the attached resolution ordering advertisement of bids for the 1996 Miscellaneous Concrete Curb, Gutter and Sidewalk Project No. 294. JGF:cz Attachments 8.01 /� �u •. -.;. � RF.9pI�ITI'I��iT I+U. - 1996 �,�: • r • •,.,a�• � � � � �•� ti� i� �� • : r�� • �+ • ,� •�� • w:� i�+ •- �_ w:,� ia� n: ��; �•i rl a+• i� e u; r• •.� a � �AS, the ooa�structi� of c�ertain imprave2nents is deemed to be in the inter�est of the City of F�idley and the pro�exty awne,rs affect.ed thereby. 1�7W, �, BE IT I�OLVID by the City C�uzcil of the City of Fridley, Anoka Caunty, Minnesota as follaws: 1. Zhat the follaair�g i�rov�ne.nts pzq�osed by �il Resolutions are hereby on�ered to be effected and ooa�leted as required: Remaval and replaae�nexit of misoellaneous concrete curb, gutt�x and sidewalk. 2. The plans and specifications prepared by the Public Works Di.rector for surh impravements are hereby appraved arid shall be filed with the City Clerk. Zhe Public Works Dirac.�tor shall aacordirigly prepare and cause to be inserted in the official newspaper advertisements for bids upon the making of such i�rovements undPx swch appn7ved plans arr3 specifications. The advertisements hall be published for three (3) wee7�s (at least 21 days) , aryd shall specify the work to be done aryd will state that the bids will be opened and considered at 10:00 AM WE�,Y, F�RY 21, 1996, ar�d that no bids will be considered unless sealed ar�cl filed with the Public Works Director. 'Il1at the advertisement for bids for 1996 - RII�TAL AbID REPI�CII�P OF CURB, GtiPitiR A1�ID SID�LR PRUTECT I�U. 294 shall be substantially in the standard form. PASSID AND ADOP'1� BY TI� CITY �i�1CIL OF Ti� CITY OF FRIDLEY TIIIS 2?1�ID L1AY OF JAN�itY 1996. t YY�.71 r i• I• • __al� � WILLIAM J. NEE - MAYOR 8.OL �pFj_tF c� }::>:� v>::� ..,c PUBLIC WORKS MEMORAN�UM TO: Williarn W. Burns, City Manager ��g, i FROM: 7ohn G. F1ora,�Public Works Director DATE: January 17, 1996 SUBJECT: Receive and Award Contract for All Wheel Drive Articulating Front End Loader -------------------------------------------------------------------------------------------------- The 1996 Public Works Street Maintenance Capital Outlay budget identified $123,000 to purchase an All Wheel Drive Articulating Front-End Loader. On January 17, 1996, articulating front-end loader bids were received and opened. Seven equipment compazues received specifications and bid the front-end loader to include a 2. 5 cubic yard bucket, reversible front plow and wing. =- % w' �% St. 7oseph's Equipment was low bid at $91,509.80 for a Mode1621B Case Front-End Loader with the 2.5 bucket and plow attachments, including a 5-year warranty. Many Public Works Maintenance personnel have been trained and have many hours of experience operating this type of front-end loader. Recommend City Council receive and award the bid to St. Joseph's Equipment Company for the All Wheel Drive Articulating Front-End Loader with attachments and 5-year warranty in the amount of $91,509.80. BN/JGF:jv 9.01 � U � N(� L � 3 F1 Z .c0' � J g � � � O a m oc N 1.. � G GJ fl. O '� m )- W J t' O Z ►-� H a z �,.. w a U.. O O 0 �- ►--� F-- W .-. U � W C � OC W H W W Q O C 3 F- Z !- ¢ cn ac 0 oc U Q 3 J Q � H � O F- Lf) Q r O Z Q C.9 CC Z •Z � H �OH Q ¢aF-3 J CL � �00�- U O 1 H � L� H � � c-I Q m ►— w J GO Cn C �O Q O O'� C.� � O e-� H (+') J -Q (n t� I'� F- Cn N a--� O W F-- J wr a cr H Q �= Z C Z H Q 1 J '7 LL W C w a � � J J . 4 J Q H O k- �o G Z W � � ;2/12!95 BUOGET 1996 �ITY OF fRIDLEY S?ATE OF MINNESOTA EXPENOITURE DETAiL - IINE ITEM DETAIi ESTIMATE 1993 1994 1995 THROUGH 1996 ACCOUNT DESCRIPTION ACTUALS ACTUALS BUDGET 12/31/95 fINAL Bl�1GET 0110 CYLINOER RENTAL � PORTABLE COMPRESSOR 150 EQUIP RENTALS (BRUSH ANO S00 CUTTER) �� 3� L346 MISCELlANEOUS 1,550 1,550 1,000 LEVEL TEXT T�T �T 0110 MINN. SPECIAL FUEI TAX �.� , 1.000 I' ------------ ------------ ------------ ---•-------- ------------ '• OTHER SERVICES & CHARGES 188,197 188,065 138,525 4510 LAND 4520 BUIIDING 1,200 1,200 �5530 IMP OTNER THAN BUILDING 1,000 LEVEL TEXT T�T �T 0110 TELEPHONE SYSTEM ENHANCEMENT - 8 PORT CARD - TELEPNONE SETS 1,� k540 MACHINERY . LEVEI TEXT 0110 PRIORITY #1 3/4 TON PICKlJP TRUCK ,4- LIHEEL ORIVE RAOIO, FRONT PL061,PAINT TAX AND U CENCE PRIORITY #2 2.5 TARD FRONT - ENU 10A0ER RADIO , TLIO/LIAT ANO YING PLON PAINT,LICENCE , TAX PRiORIY #4 - PAINT STRIPER- AIRLESS TYPE, DUAL GUN UNIT, TAl( � PRIORITY #5 - SANDING ATTACHMENT - MT TRACKIESS, , SIDEUAIK PLOW, TAX PRIORITY #1-FILTER P011ER UNIT - SHOP EQUIP. TAX **REMOVEO LAST THREE ITEMS IN CITT MANAGER REVIEW I SESSION 4/19 PH. 1,000 166,591 166,500 TEXT AMT 29,800 123,000 152,800 , 152,800 4560 FURNITURE & FIXTURES ------------ ------------ ------------ ------------ ------------ * CAPITAL WTLAY 167,791 16T,T00 153,800 4630 CAP[TAL LEASE PAYMENTS 74,572 14,572 t4,572 LEVEL TEXT T�T �T 011U SIDEUALK SN0�1PLOU LEASE AGGREEMENT 3-YEAR 14,572 <1994 , 1995 , 1996) 1GS72 9.03 �pF. F c�3 '�":° -�c PuBUCwo�cs MEMORANDUM TO: William W. Burns, City Manager �� ' �� FROM: John G. Flora, Public Works Director DATE: January 16, 1996 SUBJECT: Contract Recommendation for Well Repair Project No. 290 -------------------------------------------------------------------------------------------------- The revised 1996 Water Capital Improvement budget identified $50,000 to repair Well No's 4 and 9. Well No. 9 is not being pumped, therefore, no maintenance work is needed at this time. With design and construction of Well No. 12 filtration system in 1996, this well should 6e pulled and repaired early this spring. Therefore, Well No. 12 was substituted for Well No. 9. The Water Capital Improvement Plan will be modified to schedule this change. The well project was advertised, and four well companies received specifications. Four bids were received and opened on Tuesday, January 16, 1996. Bergerson Caswell was the low bidder for Well No. 4 with $26,031.00, and Keys Well Drilling Company was low bidder for Well No. 12 with $17,437.00. Bergerson Caswell and Keys Well Drilling have received previous contracts with the City of Fridley, and have completed these in a professional and timely manner. Recommend the City Council ieceive the bids and award the Well Repair Project No. 290 to Bergerson Caswell for repair of Wetl No. 4 in the amount of $26,031.00, and Keys Wel� Drilting for Well No. 12 for $17,437.00. BN/JGF:Iw Attachments i 0.0 i �' I o�� >- z ¢ w J C.7 J O O Z —� O �., W nC 2 3 rl Z �.... w � O c,, o H � �,.. o ca w i � Y � J L� ° �rn a� � ~ p c-I � 1 F- m 3 o c'� U V � � H i"� — — ¢ } � = ZH � � F- � '7 ¢ M F�- � � O � O J � Q e��i H O a� H ' O • Z O m O ' H m =�t�,� ca � i O N I �d' I � 1 cn rn i v N I N CD � 1 � N 1 � . O O � cn m i � I l!') CD � 1 � N 1 e-� C E� � • ' rCj ,_ iM � rCl i� sY : �y � . d :• J O� 2 N rl 1t'� . ,-,, . Z tf) ''% !CT .:c � . �QO._..� ��ao� �� U lL0 C � — S O Z t0 }� � J H � .G • • cC O - a oc iii H . � C � , 0. O "C • m' • 0 N � � � . O ¢ Y- Z p W , J t7 J � p X J �-{ �--� ►-� W e�i c[ 2 3 z t� w o � o t-°- rn 1-~- � i � p Y � J M >- ►-. oc a. � � '�' } ca o v U '�'{ U � G¢.. 4 Lr Z Z ¢ � �D � � � �! H � NI Cn • • O O O 11� il y � ` � J O � � N ENA H I C ' Z � I ' - m • m � �i 7 � .i� - C n . o N N !0 d J '7 •r-1 � � . �, _�� .�� Jc� W � , �� I�� . � �� i .. � + '. ■ , � 0 � H � ��ooc 0 � . . October 30, 1995 CAPITAL IMPROVEMENT PROGRAM PROJECT AREA WATER �.::. >�i~r.�t=:;� .. .. ... . �s.... 1995 WATERMAIN AT 68TH 8� WASHINGTON WATER UTILITY (94 ENCUMBERED) DESIGN TRAGVAC SYSTEM WATER UTILITY (94 ENCUMBERED) AT COMMONS — REPLACE TRAC—VAC SYSTEM AT COMMONS WATER UTIUTY DESIGN 53RD 8� JOHNSON BOOSTER STA. WATER UTILITY ELIMINATE DEAD END LINE AT HAYES TO GARFIELD WATER UTlUTY WELL REPAIR— NO'S 3& 11 WATER UTILITY :�,�w<�: .. ..........::. ....... 1996 `DESIGN WELL N0.12 FILTER UPGRADE REBUILD & UPGRADE 53RD & JOHNSON BOOSTER STATION UPGRADE DESIGN PUMP HOUSE N0.1 AND WELL NO. 1 BOOSTER REPLACEMENT WELL REPAIR — 4, 8� 9 INSPECT & REPAIR 3 MG RESERVOIR (EXTERIOR) CONSTRUCT WELL #12 FILTER UPGRADE ��::�:�:: , 1997 TOTAL PROJECT FOR WATER UTILITY WATER UTILITY WATER UTILITY WATER UTIUTY WATER UTILITY WATER UTILITY CAPITAL IMPROVEMENT PROGRAM **REBUILD PUAAP HOUSE NO. 1 AND 'WELL NO. 1 BOOSTER REPLACEMENT ELIMINATE DEAD END LINE AT ARTHUR TO ANOKA ST WELL REPAIR-10, 12 AND 13 REPLACE CHEMICAL ROOM EQUIPMENT AT WELLS 12 & 13 INSPECT & REPAIR'/ AND 1'/ MG TOWERS ` NEW PROJECTS "RELOCATED PROJECTS WATER UTILITY WATER UTILITY WATER UTILITY WATER UTILITY WATER UTILITY TOTAL PROJECT FOR 10.04 25,000.00 0.00 60,000.00 30,000.00 0.00 143,000.00 $258.000.00 298,000.00 300,008.00 30,000.00 50,000.00 , 25,000.00 1,066.000.00 • �� 250,000.00 15,000.00 75,OQ0.00 25,000.00 50.000.00 $415.000.00 � � C�N�F FRIDLEY MEMORANDUM Municipal Center 6431 University Avenue Nor[heast Fridley, Minnesota 55432 (612) 572-3507 FAX: (612) 571-1287 Memo to: �om: Subject: Date: William W. Burns, City Manager �m r� Wil(iam C. Hunt Assistan� to the City Manager William C. Hnnt, Assistant to the City Manager 1995 Police Contract January IS, 1996 Enclosed is the revised labor agreement between the City of Fridley and Law Enforcement Labor Services, the police union, for 1995. On June 26, 1995 the City Council approved the same contract with the exception of Article 31 EMPLOYEE EDUCATION PROGRAM. Subsequently the content of that article was determined by an arbitrator. It is necessary now to approve the entire contract including Article 31. I request that you present this to the City Council for consideration at their meeting of January 22, 1996. WCH/jb c: David H. Sallman, Public Safety Director 11.01 RESOLUTION NO. - 1996 A RESOLUTION APPROVING AND AUTHORIZING SIGNING AN AGREEMENT ESTABLISHING WORKING CONDITIONS, WAGES AND HOURS OF POLICE OFFICERS OF THE CITY OF FRIDLEY POLICE DEPARTMENT FOR THE YEAR 1995 WHEREAS, the Law Enforcement Labor Services, Inc. as bargaining representative of the Police Officers of the City of Fridley, has presented to the City of Fridley various requests relating to the working conditions, wages and hours of Police Officers of the Police Department of the City of Fridley; and WHEREAS, the City of Fridley has presented various requests to the Union and to the employees relating to working conditions, wages and hours of Police Officers of the Police 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 WI�REAS, the Artibrator has made an award relating to Article 31. Employee Education Program (BMS CASE NO.: 95-PN-1167); and WHEREAS, agreement has now been reached between the representatives of the two parties on the proposed changes in the existing contract between the City and the Union; NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves said Agreement and that the Mayor and the City Manager are hereby authorized to execute the attached Agreement (Exhibit "A") relating to working conditions, wages and hours of Police Officers of the City of Fridley. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1996. ATTEST: WILLIAM J. NEE - MAYOR 11.02 EXIIIBIT "A" LABOR AGREEMENT BETWEEN THE CITY OF FRIDLEY AND LAW ENFORCEMENT LABOR SERVICES, INC. LOCAL NO. 119 1995 i 1.03 LAI30R AGREEMENT BETWEEN THE CITY OF FRIDLEY AND LAW ENFORCEMENT LABOR SERVICES, INC. LOCAL NO. 119 1995 TABI:E OF CONTENTS ARTICLE PAGE 1. Purpose of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2. Recognition ........................................ 1 3. Definitions .......................................... 1 4. Employer Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5. Employer Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 6. Union Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 7. Employee Rights - Grievance Procedure . . . . . . . . . . . . . . . . . . . . 3 8. Savings Clause . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 9. Seniority ........................................... 6 10. Discipline .......................................... 7 11. Constitutional Protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 12. Work Schedules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 13. Overtitne ........................................... 8 14. CourtTiine ...............•--•-•--............_..... 9 15. Call Back Titne . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 11.04 TABLE OF CONTENTS (Continued) ARTICLE PAGE 16. Working out oi Classification . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 17. Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 18. Standby Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 19. Uniforms ........................................... 10 20. P.O.S.T. Training . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 21. Longevity and Educational Incentive . . . . . . . . . . . . . . . . . . . . . . . 10 22. Wage Rates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 23. Legal Defense . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 24. Probationary Periods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 25. Annual Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 26. Holidays ........................................... 14 27. Short Term Disability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 28. Funeral Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 29. Jury Pay ........................................... 15 30. Compensatory Time . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 31. Employee Education Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 32• Pay for Investigators or Detectives . . . . . . . . . . . . . . . . . . . . . . . . . 16 33. BMS Case No. 85-PN-486-A, Issue 8 . . . . . . . . . . . . . . . . . . . . . . . 16 34. Waiver ............................................ 16 35. Duration ........................................... 17 11.05 LAI30R AGREEMENT BETWEEN CITY OF FRIDLEY AND LAW ENFORCEMENT LABOR SERVICES, INC. LOCAL NO. 119 Article 1. Purpose of Agreement This Agreement is entered into between the CiLy of Fridley, hereinafter called the Employer, and Law Enforcement Labor Services, Inc., hereinafter ca.lied the Union. It is the intent and purpose of this Agreement to: - 1.1 Establish procedures for the resolution of disputes concerning this Agreement's interpretation and/or application; and 1.2 Place in written form the parties' agreement upon terms and conditions of employment for the duration of this Agreement. Article 2. Recogaitioa 2.1 The Employer recognizes the Union as the exclusive representative, under Minnesota Statutes, Section 179A.03, subdivision 8, for all police personnel in the following job classifications: 1. Police Officer 2. Police Corporal 2.2 In the event the Employer and the Union are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. Articte 3. Definitians 3.1 Union Law Enforcement Labor Services, Inc. 3.2 Unio�l Meml�er A member of the Law Enforcement Labor Services, Inc. 1 11.06 3.3 Employee A member of the exclusively recognized bargaining unit. 3.4 Department The Fridley Police Department. 3.5 Em�plo�r The City of Fridley. 3.6 Chief The Public Safety Director of the Fridley Police Department. 3.7 Union Officer Officer elected or appointed by the Law Enforcement Labor Services, Inc. 3.8 Investi�ator/Detective An employee specifically assigned or classified by the Employer to the job classification and/or job position of Investigator/Detective. 3.9- Overtime Work performed at the express authorization of the Employer in excess of the Employee's scheduled shift. 3.10 Scheduled Shift A consecutive work period including rest breaks and a lunch break. 3.11 Rest Breaks Periods during the scheduled shift during which the Employee remains on continual duty and is responsible for assigned duties. 3.12 Lunch Break A period during the scheduled shift during which the Employee reinains on continual duty and is responsible for assigned duties. 3.13 Strike Concerted action in failing to report for duty, the willful absence from one's position, the stoppage of work, slow-down, or abstinence in whole or in part from the full, faithful and proper performance of the duties of employment 2 11.07 for t[le purposes of inducing, influeiicilig coiiditions or compensation or tize riglits, employment. Article 4. Employcr Security or coercing a change in the privileges or obligatiocis of The Union agrees that during the life of this Agreement that the Union will not cause, encourage, participate in or support any strike, slow down or other interruption of or interference with the normal functions of the Employer. Article 5. Employer Authority S.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 utiliza.tion 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 6. Union Security 6.1 The Employer shall deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly Union dues. Such monies shall be remitted as directed by the Union. 6.2 The Union may designate employees from the bargaining unit to act as a steward and an alternate and shall inform the Employer in writing of such choice and changes in the position of steward and/or alternate. 6.3 The Employer shall make space available on the employee bulletin board for posting Union notice(s) and announcement(s). 6.4 The Union agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders, or judgments brought or issued against the Employer as a result of any action taken or not taken by the Employer under the provisions of this Article. Article 7. Employee Rights - Grievance Procedure 7.1 Definition of a Grievance A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this Agreement. 3 11.08 7.2 Unic�n IZc�rescntativcs 'The C�nploycr wiil recognirc [Ze��resentatives designated by the Union as the grievance representatives of the bargaining unit having the duties and responsibi[ities estabiished 6y this Articte. Ttie Unioil shait notify t(ie C�nployer in writing of the �iames of such Union Representatives aiid of their successors when so designated as provided by Section 6.2 of this Agreement. 7.3 Processing of a Grievance It is recognized and accepted by the Union and the Employer that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the Employees and shali therefore be accomplished during normal working hours only when consistent with such Employee duties and responsibilities. The aggrieved Employee and a Union Representative shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the Employer during 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. 7.4 Procedure Grievances, as defined by Section 7.1, shall be resolved in conformance with the following procedure: Step 1• Ail Employee claiming a violation concerning the interpretation or applicatioii of this Agreement shall, within twenty-one {21) calendar days after such alleged violation has occurred, present such grievance to the Employee's supervisor as designated by the Employer. The Employer-designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of ihe grievance, the facts on which it is based, the provision or provisions of the Agreenlent allegedly violated, the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days after the E�nployer-designated representative's final answer in Step l. Any grievance not appea(ed in writing to Step 2 by the Unioii within ten (10) calendar days shall be considered waived. S tep 2. If appeaied, the written grievance sha(I be presented by the Union and discussed with the Employer-designated Step 2 representative. r['he �mp(oyer-designated representative shall give the Union the Employer's answer in writing within ten { 10) calendar days after recei�t of such Ste� 2 11.09 �ricvancc. /\ �ricvancc not res<�Ivcd in Stc�� 2 u�ay l�c a��caled to Stc�� 3 �vitl�in tcn (10) calcndai� days followiiig the L:n�pivyer - dcsigiiated representative's final answer in Step 2. Any grievance not appealed in writing to Step 3 by the Union within ten (10) calendar days shal( be considered waiveci. Step 2a• If the grievance is not resolved at Step 2 of the grievance procedure, the parties, by mutual agreement, may submit the matter to mediation with the Bureau of Mediation Services. Submitting the grievance to mediation preserves timeliness for Step 3 of the grievance procedure. Any grievance not appealed in writing to Step 3 by the Union within ten (10) calendar days of mediation shall be considered waived. Step 3• A grievance unresolved in Step 2 or Step 2a and appealed to Step 3 by the Union shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971 as amended. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Bureau of Mediation Services. 7.5 Arbitrator's Authoritv a. The arbitrator shall have no right to ainend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this Agreement. The arbitrator shall consider and decide only the speci�ic issue(s) submitted in writing by the Emp(oyer and the Union, and shall have no authority to make a decision on any other issue not so submitted. b. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or uiodifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on botli the Einployer and the Union and shall be based solely on the arbitrator's interpretation or application of the express terms of ttlis Agreement and to the facts of the grievarice presen ted. c. The fees and expenses for tlle arbitrator's services and proceediilgs stla(1 be borne equally by the Employer and the Union provided that each party sha(( be responsib(e for compei�satin�; its own representatives arld witnesses. If either party desires a verbati►il 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 tlle proceedings ttle cost sllall be s(�ared equ�lly. 11.10 7.6 Waiver If a grievance is not presented within the time limits set forth above, it shal( be considered "waived." If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the Employer's last answer. If the Employer does not � answer a grievance or an appeal thereof wiihin the specified time limits, the Union may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the Employer and the Union in each step. A.rticle 8. Savings Clause This Agreement is subject to the laws of the United States, the State of Minnesota and the City of Fridley. In the event any provision of this Agreement shall be held to be contrary to law by a'court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provisions shall be voided. All other provisions of this Agreement shall continue in full force and effec� The voided provision may be renegotiated at the written request of either party. Article 9. Seniority 9.1 Seniority shall be determined by the employee's length of continuous - employment with the Police Department and posted in an appropriate location. Seniority rosters may be maintained by the Chief on the basis of time in grade and time within specific classifications. 9.2 During the probationary period, a newly hired or rehired employee may be discharged at the sole discretion of the Employer. During the probationary period a promoted or reassigned employee may be replaced in his previous position at the sole discretion of the Employer. 9.3 A reduction of work force will be accomplished on the basis of seniority. Employees shall be recalled from layoff on the basis of seniority. An employee on layof£ shall have an opportunity to return to work within two years of the time of his layoff before any new employee is hired. 9.4 Senior employees wili be given preference with regard to transfer, job classification assignments and promotions when the job-relevant qualifications of employees are equal. 9.S Senior qualified employees shall be given shift assignments preference after eighteen (18) months of continuous full-time employment. � 11.11 ��_�� C)nc co>>tinuous scl�cdulcd �nnual Icave period sliall l�c sciccted on tl�e basis o(�seniority until March lst of each calendaryear. Aftcr Marcli lst, scl�eduled annual lcavc sl�all t�e on a first come first served basis. 9.7 Lmployees sha(I lose tl�eir Seniority for the following reasons: a. Discharge, if not reversed; b. Resignation; c. Unexcused failure to return to work after expiration of a vacation or forinal leave of absence. Events beyond the control of the employee which prevent the employee from returning to work will not cause loss of seniority; d. Retirement. Article 10. Discipline 10.1 The Employer will discipline employees for just cause only. Discipline will be in one or more of the following forms: a. oral reprimand; b. written reprimand; c. suspension- d. demotion; or e. discharge. 10.2 Suspensions, demotions and discharges will be in written form. 10.3 Written reprimarids, iiotices of suspension, and notices of discharge which are to becoine part of an employee's personnel file shall be read atid acknowledged by signature of the employee. Employees and the Union will receive a copy of such reprimands and/or notices. 10.4 Employees may examine their own individual personnel files at reasonable ti�nes ut�der tlle direct supervision of the Employer. 10.5 Discharges will be preceded by a five (5) day suspension without pay unless otlierwise required by law. 10.6 Employees will i�ot be questioned concerning an investigation oE disciplinary actio►i unless tlie employee has been given an opportunity to tiave a UN[ON representative present at such questioning. 7 11.12 10.7 Grievances relati��g to this Article shall be initiated by ttte Unio�i in Step 2 of the grievance procedure under Article VIL Articic 11. Constitutional Protection Etnployees shali have the rights granted to all citizens by the United States and Minnesota State Constitutions. Article 12. Work Sc6edutes 12.1 The normal work year is an average forty (40) hour work week for full time employees to be accounted for by each employee through: a. hours worked on assigned shifts; b. holidays; c. assigned training; d. authorized leave time. 12.2 Holidays and authorized leave time is to be calculated on the basis of the actual length of time of the assigned shifts. 12.3 Nothing contained in this or any other Article shall be interpreted to be a guarantee of a minimum or maximum number of hours the Employer may assign employees. _ Article 13. Overtime 13.1 Employees will be compensated at one and one-half (1-1/2) times the employee's reguiar base pay cate for hours worked in excess of the employee's regularly scheduled shift. Changes of shifts do not qualify an employee for overtime under this Article. 13.2 Qverticne will be distributed as equally as practicable. 13.3 Qvertime refused by employees will for record purposes under Article 13.2 be considered as unpaid overtime worked. 13.4 For the purpose of computing overtime compensation overtime hours worked shall not be pyramided, compounded or paid twice for the same hours worked. 13.5 Overtime wil( be calculated to the nearest fifteen (15) minutes. 13.6 Etnp(oyees have the obligation to work overtime or call backs if requested by the Employer unless unusual circumstances prevent the emp(oyee from so working. s 17.73 Articic 14. Court `('in�c An enaployee who is required to appear it� Court during tiis scl�eduled off duty time shall receive a minimum of three {3) hours' pay at one and one-half (1-1/2) times the employee's base pay rate. An extension or early report to a regularly scheduled shift for Court appearance does not qualify the employee for the three (3) hour ininitYium. Article 15. Ca(I Back Time An einployee who is called to duty during the employee's scheduled off-duty time shall receive a minimum of two (2) hours' pay at one and one-half {1-1/2) times the employee's base pay rate. An extension or early report to a regularly scheduled shift for duty does not qualify the employee for the two {2) hour minimum. Article 16. Working out of Ciassification Employees assigned by the Employer to assume the full responsibilities and authority of a higher job classi�ication shall receive the salary schedule of the higher classification for the duration of the assignment. Article 17. Insurance 17.1 The Employer will contribute up to a ma�cimum of three hundred forty-five dollars ($345.00) per month per employee toward health, life and long-term disability insurance, in accordance with the Employer's flexible benefit plan, for einployees choosing dependent coverage for calendar year 1995. 17.2 The Employer will contribute up to a maximum of two hundred ten dollars ($210.00) per month per employee toward health, life and long-term disability insurance, in accordance with the Employer's flexible benefit plan, for einployees choosing single coverage for calendar year 1995. 17.3 By mutual agreement each employee may use up to fifteen dollars ($15.00) per inonth of health insurance dollars in 17.1 and 17.2 for group dental insurance offered through the city, in accordance «ith the Employer's f(exible benefit plan. 17.4 The Employer wil( provide group term life insurance with a maximum of $25,000 per Enlployee and additional accidental death and disability insura�ice WIiIl a Ilic'iX1CT1UI11 Oi �ZS,000 per Employee. Provided that tlle total City cost for all insurance premiums does �iot exceed the amount set forih in this larticle. 9 11.14 Articic I8. Stariclby Pay Ci��ployces required by tlie Employer to standby shall be paid for sucll standby tit�le at t(ie rate oF one hour's pay for each tiour ocl standby. Articic 19. Uniforms � The Employer shall provide required uniform and equipment items. Article 20. P.O.S.T. Training The City shal[ assign training at City expense for Police Officers to complete 48 hours of P.O.S.T. Board approved education during each three year licensing period. Article 21. Longevity and Edacational Incentive Effective July 1, 1978, the following terms and conditions are effective, except that employees hired after January 1, 1987, shall not be eligible for educational incentive. 21.1 After four (4) years of continuous employment each employee shall choose to be paid three percent (3%) of the employee's base rate or supplementary pay based on educational credits as outlined in 21.6 of this Article. 21.2 After eight (8) years of continuous employment each employee shall choose to be paid supplementary pay of five percent (S%) of the employee's base rate or suppleinentary pay based on educational credits as outlined in 21.6 of this Article. 21.3 After twelve (12) years of continuous employment each employee shall choose to be paid supplementary pay of seven percent (7%) of the employee's base rate or supplementary pay based on educational credits as outlined in 21.6 of this Article. 21.4 After sixteen (16) years of continuous employment each employee shall choose to be paid supplementary pay of nine percent (9%) of the employee's base rate or supplementary pay based on educational credits as outlined in 21.6 of this Article. 21.5 Employees may choose supplementary pay either for length of service or for educationa( credits no more often than once every twelve {12) months. 21.6 Supplementary pay based on educationat credits will be paid to employees after twelve (l2) monttls of continuous einployment at tlie rate of: 10 11.1� Cducational Credits statcd in Cerms of college qu�rter credits 45 - 89 90 - 134 135 - 179 180 or more Percentage Pay increment 3°�0 5% 7% 9% Not all courses are to be eligible for credit. Courses receiving qualifying credits must be job related. (Thus, a 4 year degree is not automaticalty 18Q credits -- or a 2 year certificate is not automatically 90 credits.) Job-related courses plus those formally required to enter such courses shall be counted. If Principles of Psychology {8 credits) is required before taking Psychology of Police Work (3 credits), completion of these courses would yield a total of 11 qualifying credits, C.E.U.'s (Continuing Education Units) in job-related seminars, short courses, institutes, etc. shall also be counted. The Employer shall determine which courses are job related. Disputes are grievable based on the criteria outlined in the award of Minnesota Bureau of Mediation Services Case No. 78-PN-370-A. . Article 22. Wage Rates 22.1 The following hourly wage rates will apply for 1995: Start . . ..... ........ $12.99 After Six Months . . . . . . . $13.98 After One Year . . . . . . . $15.97 After Two Years . . . . . . . $17.95 After Three Years . . . . . $19.94 22.2 Employees classified or assigned by the Employer to the following job classifications or positions will receive one hundred fifty-five dollars ($155.00) per month or one hundred fifty-five dollars ($155.00) pro-rated for less than a full month in addition to their regular wage rate: Investigator (detective) Scliool Resource Officer Juvenile Officer Dog Handler Paramedic 11 1i.16 22.3 Employees classified by the Employer to the followi��g job classification will receive two (iundred five do[Iars ($20�.00) per month or two hundred five dollars ($205.00) pro-rated for less than a full month in addition to their regular wage rate: Corporal Article 23. Legal Defense 23.1 Employees involved in litigation because of proven negligence, or non-observance, or non-observance of Iaws, or of a personal nature, may not receive legal defense by the municipality. 23.2 Any employee who is charged with a traffic violation, ordinance violation or cruninal offense arising from acts performed within the scope of his employment, when such act is performed in good faith and under direct order of his supeivisor, shall be reimbursed for attomey's fees and court costs actually incurred by such employee in defending against such charge. 23.3 Employer will provide protection for all Employees against false arrest charges. Article 24. Prabatioaary Periods Al.l newly hired or rehired employees will serve a twelve (12) months probationary period. Article 25. Annual Leave 25.1 Each Employee shatl be entitled to annuai leave away from empioyment with pay. Annual leave may be used for scheduled or emergency absences from employment. Annual leave pay sha11 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 the 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 Ieave wili be reduced only by the amount of annual leave for which the Employee received compensation. 25.2 Seniority shall apply on scheduled annual leave up to March lst of each year. After March 1st, scheduled annual leave shall be on a first come, first serve basis. 25.3 A beginning empioyee shal[ accrue annual leave at the rate of eighteen (18) days per year for the first seven (7) years (84 successive months). 12 11.1� /�n cn��lc�ycc wl�o I�as worked sevcn (7) ycars (�4 succcssivc months) shall accrue annual Ieave al the rate of twenty-four (24) days per year, beginning with the eighcy-fift(i (85th) month of successive employment. An employee who has worked fifteen (15) years (180 successive months) shail accrue annua( leave at the rate of twenty-six (26) days per year, beginning with the one hundred eighty-first (181st) month of successive employment. These rates are based on a forty hour regular work week. The actual amount credited to an employee in any given pay period shall be 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. 25.4 For an employee hired on or after January 1, 1984: The maximum total accumulation of annual leave at the end of any given year shall be thirty (30) days. Once a year, at a time designated by the City, an employee who has cotnpleted seven (7) years of service with the City will have the opportunity to exchange up to three (3) days of accumulated annual leave for cash. At the saine time, an employee who has completed fifteen (15) years of service with the City will have the opportunity to exchange up to five days of accumulated annual leave for cash. 25.5 For an employee hired before January 1, 1984: Vacation accrued but unused as of December 31, 1983, shall be converted to annual leave at the rate of one (1) day annual leave for one (1) day of vacation. Accrued but unused sick leave as of December 31, 1983, shall be converted to annual leave according to the following schedule. a. lst 45 days @ 1 day of annual leave for 1 day of sick leave b. 2nd 45 days @ 1 day of annual leave for 2 days of sick leave c. Remainder @ 1 day of annual leave for 3 days of sick leave Iil lieu of severance pay, one hour of annual leave shall be credited for eacli full c�onth of e►nployment up to a maximum of two hundred forty (240) hours. The total amount of ai��ual leave creciited to the employee's balance as of January l, 1984, shall be equal to accrued but unused vacation plus accrued but unused sick leave converted according to the formula above plus the amaunt in lieu of severance pay. 13 � 11.18 If upon conversion to the annual leave plan an emp(oyee's accumu(ation of atictuai leave exceeds thirty (30) days, that amountshall be the inaxicnum totai accumulation (cap) for that employee at the end of any subsequent year. Once a year, at a time designated by the City, an employee wiii have the opportunity to exchange up to five (5) days of accumulated annual leave for cash. ' In addition, once a year at a time designated by the City, an empIoyee with an accumulation of annual leave in excess of thirty (30) days will have the opportunity to exchange up to five (S) days of annual leave for cash. Such an exchange shall reduce the maximum total accumulation (cap) of an employee by an equal amount. An Employee who wishes to take advantage of the catch-up provision of the I.C.M.A. Retirement Corporation may exchange as many days as desired for • cash under the following conditions: a. The Employee's cap is reduced by the number of days exchanged. b. In no case may the cap be reduced below thirty (30) days. c• An Employee taking advantage of this provision must file the appropnate forms for the payroll division of the Finance Department and the I.C.M.A. Retirement Corporation. 25.6 Upon separation from employment with the City, an employee will be paid one {1) day's salary for each day of accrued annual leave remaining in the employee's balance. Articie 26. Holidays 2b.1 Employees will receive eleven (11) holidays. 26.2 In addition to the eleven �11) holidays, Employees assigned to the Patrol Division shall be paid at one and one-half (1-1/2) times their base rate of pay - for all hours worked on the actual holiday between the hours of midnight and midnight. Article 27. Short Term Disability 27.1 Each employee who has successfully completed the employee's probationary period shall be eligible for the short term disability benefit. Such an employee shall be entitled to full pay commencing on the twenty-first (21st) consecutive working day on which the employee is absent due to a physician-certif�ed illness or in�ury off the job, and continuing until the employee returns to work abie to carry out the full duties and responsibitities of the employee's position 14 1�.19 c�r t(�rou�l� li�e one hu�acired and lentli {11�O11�) �vorkin� day of absence, �vhic;l�ever occurs first. Such an employce shal( also be entitied to full pay coin�i�encing on the eleventh {llth) consecutive working day on which the employee is absent due to a pliysician-certified illness or injury on the job atid continuing until the employee returns to work abte to carry out the duties and responsibilities of the employee's position or through the one hundredth (100th) working day of absence, whichever occurs first. The amount of any coinpensation for the short term disability benefit sha(( be reduced by any payment received by the disabled employee from workers' compensation insuraiice, 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 illness or injury, regardless of the number and spacing of episodes. The annual leave balance of an employee receiving short term disability benefit shall not be reduced, nor shall such employee accrue annual leave during that period. 27.2 Before any short term disability payments are made 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 einployee claiming payment under the short term disability benefit. Such examination znay 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. 27.3 If an employee hired before January 1, 1984, has received payments under the injury-on-duty provisions of previous contracts, the number of days for which payinent ��vas received will be deducted from the number of days of eligibility for coverage under short term disability for that same injury. Article 28. Fuueral Pay Funeral leave will be granted to fuil time employees up to a maximum of three days. Funeral leave is granted in case of deaths occurring in the immediate family. For tlus purpose immediate family is considered to be a spouse, child, parent, grandparent; brother or sister, mother-in-law and father-in-law_ Articte 29. � Jury Pay It sha(I be understood and agreed that the City shall pa}� all re�u(ar tu!( time e�l�ployees serving on any jury the difference in salary betwcen jury pay and the em��loyee's regular salary or pay while in such service. 15 11.20 Artic[c 30. Compe��safocy Timc Management reserves the right to approve compensatory time in lieu of overtiine pay. Compensatory time shall not be accumulated in excess of twenty-four (24) hours, and must be used within the caiendar year in which it was accumulated as determined by the employer. Article 31. Employee Education Program 31.1 The City will pay certaia expenses for certain education courses based on the following criteria. a. The training course must have relevance to the employees' present or anticipated career responsibilities. Attendance shall be at a City approved institution. The course must be approved by the Department Manager. b. Financial assistance wikl be extended only to courses offered by an accredited institution. This includes vocational schools, Minnesota School of Business, etc. 31.2 Programs Financial Policy Financial assistance not to exceed the amount of two thousand two hundred fifty dollars ($2,250.�) per Employee per year will be extended to cover the cost of tuition, required books or educational materials, and required fees reiated to the course. Charges for student union membership, student health coverage and other charges for which the student receives some item or services other than actual instruction will not be paid. The City will pay 50% of the cost of tuition in advance of the employee's actual participation in the course and the employee shall pay 50% of the cost. Upon successful completion of the course, an employee will be required to present to his Department Head a certification of satisfactory work. Satisfactory work is defined as follows: a. In courses issuing a letter grade, a C or above is required. b. In courses issuing a numerical grade, 70% or above is required. c. In courses not issuing a grade, a certification from the instructor that the student satisfactorily participated in the activities of the course is required. 31.3 If the Emp(oyee satisfactorily completes the course, the Employee will be reimbursed for ttie additionat fifty percent (SO%) of the tuition cost for which the Ecnployee obligated himself or herself in the approved application as well � i1.21 as for tlie cost of any course required books, educational materials of fees. If tlie Lmployee fails to satisfactorily cotnplete the course, the Employee will not be rei�nbursed for these costs. 31.4 The program will not reimburse the Employee for the hours the Employee spends in class, only for the tuition_ 31.5 Expenses for which the Employee is compensated under some other educational or assistance program, such as the GI bill, will not be covered. 31.6 The City will not pay tuition or other costs for those courses which are used to make the Employee eligible for additional salary. Article 32. Pay for Investigators or School Resource Otiicer Employees receiving the one hundred fifty-five dollars ($155.00� per month differential pay shall not be eligible for the overtime provisions o the contract applicable to Police Officers, but they shall be eligible to receive overtime at time and one-half the Employee's regular base rate of pay if the Employee is assigned by the Employer to work in excess of 159 hours in a 26 day work period. Article 33. BMS Case No. 85-PN-4$6-A, Issue 8 The City sha11 establish a minimum of two months between each shift change in the rotation. Article 34. Waiver 34.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this Agreement, are hereby superseded. 34.2 The parties mutually acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this Agreement for the stipulated duration of this Agreement. The Employer and the Union each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered in this Agreement or with respect to any term or condition of employment not specifically referred to or covered by this Agreement, even though such terms or conditions may not have been within the knowledge or contempiation of either or both of the parties at the time this contract was negotiated or executed. 17 11.22 Artictc 3�. Duration Ttlis Agreement shall be effective as of the first day of January, 1995, and shall reinain in futi force and effect through the thirty-first day of December, 1995. In witciess whereof, the parties hereto have executed this Agreement on this day of , 1995. FOR CITY OF FRIDLEY William .i. Nee, Mayor William W. Burns, City Manager FOR LAW ENFORCEMENT LABOR SERVICES, INC. _=- -, . �, � ��..� �� ✓��-� �= � Thomas Skelly, Busines Agent .�- � ��c'�� Kurt orse, Steward I hereby recommend approval of this agreement. iiam �,. nunt, Assistant to the City M �- �; � --z� . vid H. Saliman, Public Safetv Director 18 11.23 � � C�N�F FRIDLE.Y MEMORANDUM Municipal Cente� 6431 Unive�sity Avenue Northeast Fridley, Minnesota 55432 (612) 572-3507 FAX: (612) 571-1287 Memo to: William W. Burns, City Manager �� From: Subject: Date: William C_ Hunt Assistant to the City Manager Wi�liam C. Hunt, Assistant to the City Manager Proposed 1996 Agreement Between the City of Fridley and the IYidley Communications Workshop (ETC) January IS, 1996 The City Council has authorized $40,2� of the Cable Television franchise fee to be given to the Public Access Workshop for the year 1996. $39,000 was appropriated in 1995. The attached proposed agreement executed by the Fridley ETC Communications Workshop incorporates this amount. Other than the dollar amount and dates, the proposed agreement is worded the same as the 1995 agreer�ent. As in the past, the City would pay four equal payments of $10,050 to ETC from the quarterly franchise fee payments received for the budget year 1996. I request that you present this to the City Council for consideration at their meeting of January 22, 1996. WCH/jb Ttris aqreement made and enterea into this day of January i y�ti, Gy antl oet:wr�n thF City oi Fr�dley, a M�nnesota mumclp�l corporation, �r� the C;ounty of Anaka, Stste of Minnesota, hereinafter �eferred to as "the City�" and ETC Fridley Communications Workshop, Incorporated, a non-profit corporation in th� County of Anoka, State of Minnesota. witnesseth: For and in cons�deration of the prom�ses, covenants, terms and provisions herein contained, the parti?s herPt� mutua) ly �ree as fiollrnvs: 1. Peri�d of Agreement. 'ihis agreemEnt for a 12 month pe�iod, shall be effective January 1, 1 y96 through Gec.ember 31, l 996, unless otherw�se termineted by either pariy wtth yU days written notice. Upon termination of the agreement, all uncommitted amvunt shall be �termined and agreed upon by the CitY Manacter and ETC Fridley C�ommunications Wvrkshop, lnc. �. Responsibi lities of ETC Fridley Communications Workshop, I nc. ETC agr�s to pravide, on behalf of thP City, servir,as tn Fridl?y r�si�nts as follrnvs� a. T� educate members vf tt�e public ta the poteniial uses of video cammunications ir� the �;vri��r�unity�. b. T� provide tra�n�np and technical ass�stance that wili promote cit�zen use of available ca�lecastinq �ac� �it�es as a non-commerc�al neans of communicatians. C. i o:,�rve a� a resource center for iniarmation, materiais ard equipment relating to the use of vider, as a communicat�on medium. - d. To serve as a receivinq, holdinq and disbursin� entitv jar momes intended to promote nnn-_r.r�mmer_r.ial citiz?ns u� of tt�t� ch�nnei ?. To provi�e at the re.quest of th� Ci,y, a5sista�ic� tu City staff in the programming uf its r�r�vrr�r�mEnt ticc:e�:s channe� , st r�o ��dition�l ��t. ?, tTG Fr�idl�� Commun�cat�ons 1��rksnop, lnc. turther agrees ta kee� antl maintain a qualified ;t�if cr perscr�3n:-i, t�t+th pald ot�id t;c�lur�taer. n�,^essdry to perfarrn the services here�n se� forth. 4. Far the �er�od of this agreement the CitY will grant to ETC Fridley Communications th'or4:shop, Inr_, the ammaunt c�f $4C�,2(i�.GC� from the c�abie franchise fee from the current rat►le cumpany to the City. Quarterly amour�t shali be payabie upon receipt by the City of the quarteriy fran�hi�e tee payment from the cabie cc,mpany. 5. ETG F ridley Commumcations Workshop, lnc. shali lceep accurate and complete records of financlai transactians and shail provi� to the City, on a quarterly �as�s Aprii t, 1996, July 1, i��+G, �Jctober 1, 1996, and Februarv, f 997, a compleie wr�itten financial report of its operations dur�nq the period of this agreement. 5aid records shall include an accountinq system maintainer� �n a generally accepted manner, including, if appiicable, the filing �f prope� tax returns to the F�ieral an�i State Governma�ts, such as p3yroll tax returns of �rporate incume t�r, returns. �aid re�;ords shall be availabl� fvr inspection by the City Manager, members of the Counc�l, and Cable Comm�ssion Members during reaular business hours. 12.02 6. ETC shall pravide to the City a written report ot 1ts ope�ational �tivlties, inclutling whatever data wt ll ass�st the City �n evaluating the effect�veness �r ETC in the provis�on of the �.ervices herein sei forth. Said report wi)1 be provided to the City within sixty days after �u��letion of this agre�ment. ETC will also provide interim pragre�s reports of its operational activities April 1, July 1, October 1, and February 1. � ETt~ shail indemnity, s�ve �nd hnl� h�rmless the City and �il �f its officers, aqents and amploy�s fr��m any and all claims for los�s, injur�ies, dan��eg� and liabiliti� tu per�ns or� pr�perty o�;asicmeci wholly ur ir� ptlrt by the ar.t� or omissior�s �f ETC, its agents, officers, emplcriees, members, guests, patrans or any per:�n or persons assocf8ted w�th ET� ror any purpo;e. 8. Insurance, EiC Fridlev Communications Workshap wiil provide praof uf liabilitv insurance, nam�ro the City 3s dn additional insured in an amount and torm as apprared by the City Man�er. a. ETC �h811 Rt�avi� the City �x,umpntati�r� that h� uatainr� non-profit tax-exempt statu5 from the ��ral iniernal Revenue Servir� and the State of Minne�ta D��artment of Revenue. 10. It is unaerstood and agreed that no alteration or variation of the terms of this agreement shnll be valid unless made in writir�q and signed by the parties hereio. i�. tn the event of a breach hy ETC of the terms or conditions of the Aareement, the City shall have, in ad�ition tr� ��y �thPr i�al rernurs�, the right to terminat? this AgrP�;me�t.. I r� witness whereof, the partie5 have qused thE Agreement to be executetl by thei� proper off�cers, thereunto dulv author�zed. �'�'itnes Willi�m W Burn:, City M��r William ��. Nee. f1a�for Joe Kerner £TC C�hairpe��,n '�� '�► /�j il�lr�r�l�! �. ��i ��,�� .� � 12.03 _ _ CITYOF FRtDLEY MEMORANDUM Municipal Center 6431 University Avenue N.E. Fridley, MN 55432 fS12) 571-3450 TO: The Honora.ble Mayor and City Council FROM: William W. Burns, City Manager �f DATE: January 18, 1996 SUBJECT: Legal Services Agreements Office of the City Manager William W. Burns The terms of the contracts with Frederic W. Knaak and Carl J. Newquist have been resolved. Kent Sulem from the League of Minnesota Cities did much of the drafting of the language in the latter portions of the agreements pertaining to work product, indemnification, severability, and assignment. I believe the contracts cover the necessary services and should be satisfactory to the City of Fridley. Carl Newquist is concerned about separating the prosecution for zoning, rental and housing code violations from the remainder of the prosecution duties. I will continue to work on that problem on Monday, and if there is a change, will advise you Monday night. I recommend that Council approve the legal services agreements with Frederic Knaak and Carl Newquist. WWB:rsc 13.01 AGREEMENT FOR LEGAL SERVICE BETWEEN THE CITY OF FRIDLEY AND HOLSTAD & LARSON, P•L•C• AND FREDERIC W. KN WHEREAS, the City of Fridley ("City"), a public body corporate and politic operating as a home rule charter city under the laws of the State of Minnesota and located within the County of Anoka, desires to have certain attorney services provided; and, WHEREAS, the City solicited proposals for attorney services; and, WHEREAS, the council of the City has selected the law firm of Holstad & Larson, P.L.C. in conjunction with Frederic W. Knaak, Esq., ("Attorney") to serve as ciry attomey and authorized a contract between the City and the Attorney; NOW THEREFORE, IT IS HEREBY AGREED that this document by and between the City and the Attorney shall be a binding obligation on behalf of all parties named. I. Term• This agreement shall be effective January 22, 1996. It shall be valid through December 31, 1998, inclusive. It shall, however, be severable as provided in Section X. II. Sco�e of Legal Services. The following services shall be provided to the City by the Attorney as a matter of right under the terms of this agreement: a. Attendance at all regularly scheduled City Council meetings, and upon request by the City Council, attendance at all special meetings of the Ciry Council or of any board, commission, or committee esta.blished by the City Council. In addition, the Attorney shall meet with the Manager, Mayor, City Council, or other ciry official or employee as required. b. Drafting and reviewing local ordinances, charter amendments, and resolutions as requested by the City. Assisting with the codifying of ordinances and maintaining a current City Code or book of ordinances. c. Drafting correspondence on behalf of the Ciry as requested. d. Answering by telephone questions of City officials and staff. 13.02 e. Meeting with and advising the Mayor, City Council, City Manager, department managers, Planning Commission, and other designated groups or individuals, on general legal matters. f. Providing up to five hours per month of basic legal support services and up to five hours per month of court time to the Fridley Housing and Redevelopment Authority ("HRA"), including attendance at meetings of the HRA upon request. Additional services to the HRA shall be provided as outlined in a separate contract for legal services between the Attorney and the Fridley HRA. g. Reviewing municipal contracts, joint powers agreements, and other legal documents as requested. h. Representing the City in condemnation and eminent domain proceedings. i. Representing the City in the acquisition or sale of public property, and the drafting and assigning of deeds, easements, and other real-estate or land-use documents. j. Researching and submitting legal opinions and interpretations on municipal or other related legai matters as required, including such topics as PELRA, employment iaw, and veterans' preference issues. k. Briefmg City on proposed or newly adopted statutes, rules or regulations, as well as any court decisions, agency rulings, or other official ruling or opinions, that could have an effect on City or the way it conducts business, and recommending the appropriate amendments to ordinances, policies, or other actions of the City in order to comply with these change in law. 1. Defending the City in all litigation, except in those cases where insurance companies are required to provide defense or where the City chooses to hire specialized legal talent. m. Represent City in workers' compensation proceedings. n. Reviewing bond and insurance requirements required by or for City contracts or activities. o. Preparing reports on the status of City litigation and other legal matters, at the request of the City Manager. p. Reviewing documents submitted by bond counsel involving the issuance of debt or debt related instruments and providing opinions as required. 2 � 3.03 � q. Assisting the City in the enforcement of City ordinances, including the prosecution of cases arising out of the City's zoning, housing, rental housing, and building codes. r. Meeting with the Ciry Manager on a regular basis not less than quarterly, to review all litigation and other pending legal matters of the City, and provide a written report of such litigation or other legal matters. III. Fees • The City shall compensate the Attorney at the rate of Four Thousand Two Hundred Fifty and 00/100 Dollars ($4,250) per month for all legal services provided in this agreement. In addition to this monthly fee, the City shall pay the Attorney at the rate of Seventy-Five and 00/100 Dollars ($75.00) per hour for each hour after the first ten hours in any one month for any litigation on a case where the time spent on that individual case exceeds ten hours in the month. Paralegal time spent on litigation billed at the hourly rate sha.11 be billed to the City at the rate of Fifty and 00/100 Dollars ($50.00) per hour. For the purpose of billing, all zoning, housing, rental housing, and building code prosecutions conducted in any one month shall be counted as one case for the purpose of determining the ten hour cap. Matters involving the HRA shall be billed according to the contract between the Attorney and the HRA except that court time shall not be billed unless the time in court spent on HRA issues exceeds five hours per month. Time spent with the HRA shall not be counted against the ten hours of general litigation provided for under this agreement. The flat monthly rate shall include the charges for long distance telephone calls up to Twenry-Five and 00/100 Dollars ($25.00) per month, photocopying up to five hundred (500) pages per month, and up to thirty (30) minutes of search time on Westlaw. Beyond these limits, billings shall be at actual cost for long distance telephone calls, twenty-five cents ($0.25) per page for photocopying, and Eight and 00/100 Dollars ($8.00) per minute for Westlaw searches. All other costs such as filing fees, court costs, witness expenses, and faxes shall be billed to the City at actual cast. Hourly billings for time shall be rounded to the nearest 1/10 of an hour (six minutes). The Attorney shall submit a bill to the Ciry on monthly basis. This bill shall detail all time spent working on behalf of the City with litigation time being separated from other general matters. All charges made in addition to the established monthly charge shall be clearly documented. The precise format of the billing statement shall be agreed to by the City and the Attorney. The monthly fee for 3anuary 1996 shall be prorated by the number days for which services are provided under this agreement. 3 13.04 IV. Resgonsible Attorney and Staff Frederic W. ("Fritz") Knaak shail be the primary attorney for the City. Mr. Knaak shall be responsible for the performance of this agreement, although he may be assisted by other attorneys or support staff in the firm. Mr. Knaak shall supervise all work performed on behalf of the City. V. Contlicts of Inter t The Attomey shall not accept any client or project which would knowingly place it in a conflict of interest with the services to be provided to the City under this agreement. If a conflict of interest should develop, the Attorney shall be responsible for taking the necessary steps to comport its representation of the City with the Lawyers Code of Professional Responsibility. The Attorney shall be responsible for any additional costs incurred by the City in obtaining additionat legal representation if such representation becomes necessary due to a conflict of interest. VI. Assignment of Services and A.greement The Attorney shall not assign any interest or obligation of this Agreement without the prior written consent of the City; provided, however, that it is agreed that if Frederic W. ("Fritz") Knaak shall cease to be associated with the law firm of Holstad & Larson, P.L.C., the City may assign this agreement directly to Frederic W. ("Fritz") Knaak. VII. Affirmative A tion Because the City requires and follows a policy of Affirmative Action and will not tolerate discriminatory acts, the Attorney shall not discriminate against any person on the basis of age, sex, religious beliefs, political affiliations, or other protected classifications under federal, state, or 1oca1 laws or regulations. VIII. Work Product. All ordinances, resolutions, correspondences, and other documents or materials drafted for the City by the Attorney sha11, upon their completion, become the property of the City. IX. Insurance and Indemnification Attorney agrees to maintain a valid policy of Professional Liability Insurance for the duration of this agreement. The value of the policy shall not be less than the cap for municipal tort �iability as established by Minnesota Statutes. Attorney further agrees to defend, indemnify, and hold harmless the City, its agents and, employees, against all causes of actions against the City or any of its agents or employees that arise from or as a result of the Attorney's actions or advice under the terms of this agreement. 4 13.05 X. Severabilitv. The City or Attorney may sever the terms of this agreement upon sixty days written notice. Failure by the City or the Attorney to comply with any of the terms of this agreement shall be grounds for terminating this agreement, as shall be the City's dissatisfaction with the Attorney's performance under the agreement. Upon termination of this agreement, the City shall only be responsible for the monthly fee and any additional billings accrued as of the date of termination. Further, the Ciry expressly reserves its right to hire independent counsel on matters it determines requires an attorney with more experience or expertise in a particular iield. In such a situation, the City sha11 remain responsible to the Attorney for the monthly fee provided under this agreement along with any billings not related to the matter for which special counsel was retained. The City shall only be responsible to the Attorney for extra expenses in relation to the matter for which special counsel is retained if the City names the Attomey as co-counsel in the irratter or otherwise requests the Attorney's participation. XI. Acceptance. The terms of this agreement are hereby accepted and made binding upon and between the Ciry of Fridley and the law firm of Holstad & Larson, P.L.C. in conjunction with Frederic W. Knaak. On behalf of the City of Fridley: I� :� William J. Nee Mayor William W. Burns City Manager On behalf of Holstad & Larson, in conjunction with Frederic W. Knaak: i Frederic W. Knaak Date: Date: � 13.OE, AGREEMENT FOR LEGAL SERVICES BETWEEN THE CITY OF FRIDLEY AND NEWQUIST & EKSTRUM, CHARTERED AND CARL J. NEWQUIST l. City Prosecutor Ap.�ointment: Cazl J. Newquist and his law office, Newquist & Ekstrum, Chartered, 6401 University Avenue N.E., Fridley, Minnesota, 55432, are appointed City Prosecutor for the City of Fridley. 2. Term of Agreement: Thirty-six (36) months from and after January 1, 1996, to terminate on December 31, 1998, unless otherwise extended by mutual agreement of the parties hereto. 3. Duties and Res.�onsibilities of the City Prosecutor: A. Proximity being an essence hereof, the City Prosecutor sha11 maintain an office in the City of Fridley. B. Represent the City in a11 criminal proceedings and cases wherein the City is a party, has jurisdiction, and/or has an identifiable interest therein, except those cases arising under the City's zoning, housing, rental housing and building codes. C. Prepare files for court, including assembling witness lists, preparing subpoenas, copying statutes or ordinances for court trials, etc. Request certified documents, such as driver's records, motor vehicle records, prior convictions, orders for protection, bank records, ordinances, and other information required for court. D. Prepare letters and notices associated with various court trials. These include letters to victims, omnibus hearing notifications, and notices of change in time, date or place of hearings. E. Maintain records, including the court calendar, records of formal complaint requests, records regarding the criminal histoty requests from the BCA, records of officer vacation schedules, and court assignment schedules of the prosecutor. 14.01 L'� 5. F. Telephone conferences and maintaining correspondence with various agencies including law enforcement agencies, courts, Minnesota correctional facilities, victimJwitnesses, defendants/defense attorneys, social workers, psychiatrists, victim advocate representatives, hospitals, banks, insurance companies, etc. Research statutes and/or ordinances for court cases, formal complaints, or as requested by the Fridley Police Department or the City of Fridley. G. H. I. Handling requests for disposition of detainer. Maintaining active files. Advise Council, City staff, and the Police Department of legal questions and issues that relate to official City business. J. Advise and attend educational and training programs for City staff and the Police Department as requested by the City Manager and/or the Director of Public Safety. K. L. � Advise and attend such Council meetings and meetings of City commissions and committees as the City Manager and/or Mayor may direct. Prepare activity reports, billing information, and reports on status of City litigation as the City Manager may direct. Defend City employees, when applicable, in suits and claims arising from the performance of official duties as the City Manager may direct. Conflict of Interest: The City Prosecutor shall not represent any individual or party in any civil or criminal matter against the City of Fridley. Compensation• A. The City Prosecutor shall be compensated as the following rates: 1996: $63.75/hour 1997: $70.00/hour 1998: $75.00/hour Law Clerk: $35.00/hour Law Clerk: $35.00/hour Law Clerk: $35.00/hour 2 7 4.02 B. The City Prosecutor shall be reimbursed for all expense advances made by him on behalf of the City such as%es and costs for court transcripts and filing. All other expenses and costs of overhead such as dues, subscriptions, licenses, insurance, secretarial services, etc., associated with the performance of legal services shall be the responsibility of the City Prosecutor. 6. Assignment of Services and Agreement: The City Prosecutor shall not assign any interest or obligation of this agreement without the prior written consent of the City. 7. Affirmative Action: Because the City requires and follows a policy of Affirmative Action and will not tolerate discriminatory acts, the City Prosecutor shall not discriminate against any person on the basis of age, se�t, religious beliefs, political affiliations, or other protected classifications under federal, state, or local laws or regulations. 8. Work Product: All ordinances, resolutions, correspondence, and other documents or materials drafted for the City by the City Prosecutor shall, upon their completion, become the property of the City. 9. Insurance and Indemnification: The City Prosecutor agrees to maintain a valid policy of Professional Liability Insurance for the duration of this agreement. The value of the policy shall not be less than Five Hundred Thousand and 00/100 Dollars ($500,000). The City Prosecutor further agrees to defend, indemnify, and hold harmless the City, its agents, and employees against all causes of action against the City or any of its agents or employees that arise from or as a result of injuries, actions or advice under the terms of this agreement. 10. Severabilitv: The City or City Prosecutor may sever the terms of this contract upon si�cty (60) days' written notice. Failure by the City or the City Prosecutor to comply with any of the terms of this contract shall be grounds for terminating this agreement, as shall be the City's dissatisfaction with the City Prosecutor's performance under the agreement. Upon termination of this contract, the City shall only be responsible for the monthly fee and any additional billings accrued as of the date of termination. 3 14.03 Agreed and entered into this day of , 1996. Carl J. Newquist NEWQUIST & EKSTRUM, CHARTERED By Carl J. Newquist Its CITY OF FRIDLEY : : William J. Nee Mayor William W. Burns City Manager L! 14.44 � � � oF FRIDLtY January 22, 1996 Type Of License: GAMBLING Fridley Alano Society of the N.E. Suburbs Inc. 5925 University Ave.N.E. Fridley, MN 55432 LTCENSES � Dave Carnahan Approved By: Fees: Exempt � � . �".. 1 ;,h � oF f-RIDIL-Y GAS SERVICES Newscope Technology Inc 5000 N Hwy 169 Minneapolis MN 55428 �..��:�:,�'��':y Helen Hagberg GENERAL CONTRACTOR-RESIDENTIAL Home Solutions Inc (20007157) 13895 Industrial Park Blvd #100 Plymouth MN 55441 Steven Yager Papa's Building Solutions 13877 30 St N Stillwater MN 55082-9998 Lorraine Wiese GENERAL CONTRACTOR-COMMERCIAL Boynton John Builders Inc 6985 Belle St Loretto MN 55357-9603 John Boynton HEATING Newscope Technology Inc 5000 N Hwy 169 Minneapolis MN 55428 Helen Hagberg MOBILE HOME INSTALLER Schultz's Mobile Home Service (9374) 4092 234 Ave St Francis MN 55070 Dan Schultz PLUMBING Alpha Mechanical Inc 15167 Fillmore St NE Ham Lake MN 55304 Bardwell Mechanical Inc 4459 Chicago Ave S Minneapolis MN 55407 Hayford Neal Plbg & Heating 173 Hartman Cir NE Fridley MN 55432-4112 Gary Burkhardt Bra�cton Bardwell Neal Hayford 16.02 RON JULKOWSKI Building Ofcl STATE OF MINN RON JULKOWSKI Building Ofcl RON JULKOWSKI Building Ofcl RON JULKOWSKI Building Ofcl STATE OF MINN STATE OF MINN Same Same Hovde Plbg 8i Heating Inc 2222 Edgewood Ave S Minneapolis MN 55426-9231 Hutton & Rowe Inc z 1 z6 z A�e Anoka MN 55303 Newscope Technolog_y Inc 5000 N Hwy 169 Minneapolis MN 55428 Wenzel Plumbing & Heating Inc 1959 Shawnee Rd Eagan MN 55122 SIGN ERECTOR Redwood Signs 10$ W Broadway Osseo MN 55369 Paul Hovde David Rowe Helen Hagberg Bill Borrell Paul Beckey 16.03 Same Same Same Same RON JULKOWSKI Building Ofcl DESCRIPTION OF REQUEST: Rottlund Homes Inc. and the City of Fridley HRA are requesting a rezoning from G3, General Shopping and R-3, Multiple Family tio S-2, Redevelopment District, in order to construct 118 townhomes and condominiums in the Center Gty Redevelopmerrt District. The S-2 Redevelopment District requires plan approval by the Planning Commission, HRA, and City Council to insure consistency with the objectives of the Redevelopmerrt Plan. RECOMMENDED ACTION: The purpose of the public hearing is �o receive public commerrts about the revised site plan. The plan has been revised to eliminate the four-story condominiums because of the prohibitive construction costs. Affordable one-story townhomes aimed at the senior/empty-nester market have been incorporated into the plan on the west side of 3rd Street. Proposed are 64 thre�story towr�homes (they are technically considered condominiums) on the east side of 3rd Street and 54 one- and two-story townhomes are proposed on the west side of 3rd Street. PLANNING COMMISSION RECOMMENDATION: The Planning Commission reviewed the original plan on Mar�ch 29 and April 26, 1995. The Planning Commission recommended approval subject to 18 stipulations. Because the current plan's density is smaller, further commerrt by the Planning Commission is not recommended. STAFF RECOMMENDATiON: Staff recommends that the City Council conduct the public hearing. First reading of the ordinance will occur as soon as all plans and documents have been finalized and reviewed by staff. 17.01 Rezoning Request, ZOA #95-01 Rottlund Homes Inc. Page 2 ROTTLUND REZONING STIPULATIONS AS RECOMMENDED BY THE PLANNINC COMMISSION ON APRIL 26, 1995 1. Rottlund Homes, Inc., shall comply with the amended stipulations of P.S. #95-01 and SAV #95-02. 2. Subject to the City and the eetitioner join�y workinc� in a cooperative fashion to obtain the necessarv permits from Anoka County. Any costs associated would be paid by the petitioner subject to the petitione►'s approval. (Stipulation to be changed: "%1e MISSISSIDDI Streed3rd Street intersection shall be reconstructed in accordance with the desiQn as�enerally depicted on the proposed site plan dated Januarv 16. 1996 which may be further detailed in a "letter aQreement' with Anoka County and the Citv It is understood that the construcdon of the improved intersection will be divided equallv between the petitioner Anoka Countv Fridlev HRA and the pronertv owner of the Holly Center. The petitioner shall obtain the approariate.permits t'or work within the Anoka County right-of-way. " 3. Rottlund Homes. Inc. shall execute a landscape easement and maintenance aQreement with RAO Manufacturinq prior to Qrading the property. A copy of the aqreement shall be submitted for staff approval prior to execution. The agreement shall require Rottlund to install an eiqht foot fence and coordinate qrade elevations with RAO for aro a�er drainage. 4. A$60,000 performance bond shall be submitted prior to the initiation of grading to insure installation and maintenance of the proposed landscaping as approved by the City Council. The performance bond shall remain in force through one growing season of vegetation proposed in the plan. 5. The developer shall submit a revised landscaping plan prior to May 15, 1995. (Stipulation to be changed: "Honev Locuszr are to be revlaced with another s�ecies approved bv Citv stafl:'" 6. Omamental m�tal fencing shall be installed along University Avenue with interspersed stone columns. Additional vegetation shall also be installed along University Avenue subject to final approval by staff. (Stipulation to be changed: second sentence is to be deleted) 7. Rottlund Homes, Inc. shall obtain any necessary permits from MnDOT regarding fencing, utilities, grading, or other issues. 8. The entry features shatl be installed according to the plan prepared by Arteka dated April 20, 1995. 9. Rottlund Homes, Inc. shall design the public/private plaza within the budget constraints � determined after collectinq the recommendations of the Planning Commission Parks and Recreation Commission, and the City CounciL (Stipulation to be change� new sentence to be added: 'An undated proDOSed plan of the plaza space identifvinQ maxerials to be used and proposed used shall 6e submitted prior to first reading of the ordinance. " 10. The bituminous bikeway/walkway shall be eight feet in width. 17.02 Rezoning Request, ZOA #95-01 Rottlund Homes Inc. Page 3 11. All utilitY boxes or other minor accessory stn�ctures shall be proqeriy screened with vege�tation or decorative fencin4, per the rules of the uality companies and the Citv of Fridlev 12. The lighting standards along 3rd Street are to be worked out between the developer and Ciiy staff. 13. Additional single Qlobe light standards shall be installed in the southe�ast part of the site fior the attached units. dependina on the photometric needs of the driveway areas. 14. Revised architectural plans shall be submitted showing additional brick fascia on all housing types ptior to May 15, 1995. (Stipulation to be changec� needs to be revised to "...nrior to ftrst reading of the ordinance. " 15. Vsion 2000 windows or an equivale.nt approved by the City shall be installed in all units. 16. A list of interior product manufacturers and types shall be submitted i�or all housing iypes by May 15, 1995. (Stipulation to be change� needs to be revised to "...bv first readin� of the ordinance. " 17. The condominium declaration shall corrtain language providing for the repair, replacement, and maintenance of the light fixtures in the development excluding the fixtures in the public right of way. 18. Rotdund Homes, Inc. shall enter irrto a developme,nt contract with the Fridley Housing and Redevelopment Authority and shall comply with all of its provisions. 19. (New stipulalion: 'At least one third o�' the units on the west side o,� 3rd Street shall be specifically marketed to seniors at a value between $90.000 to $110.000. The remaining two thirds shall be divided between $110.000 and $I20,000. and $120.000 and above." 20. (New stipulation: "The units on the west side of 3rd Street (village homes� shall be constructed so as to avoid the same buildinQ elevation being constructed immediatel� adjacent to one another. " DEVELOPMENT SITE ANALYSIS Revised Site Plan The four-story condominium units have been removed from the plan because of prohibitive constnaction costs. The plan has been revised to include a three-story "Rowhouse" unit in the northeast comer of the site where the senior units were originally proposed. Five four-unit buildings and two six unit clusters are proposed. In combination with the f�our eight-unit buildings, there is a total of 64 three-story units on the east side of 3rd Street. 1n addition, to offset the loss of the senior units, the west side of 3rd Street has been redesigned to accommodate 54 '�Ilage Homes". One third of the units is required to be mariceted to seniors 17.03 Rezoning Request, ZOA #95-01 Rottlund Homes Inc. Page 4 at a value between $90,000 and $110,000. It is assumed that these units would be on�story, but a senior may choose a two-story. The remaining fin� thirds of tt�e units can be either one or two stories, but are to be divided in value between $110,000 and $120,000, and $120,000 and above. The developmerrt agreement with the HRA will contain these requirements; however, a stipulation is proposed for Council consideration as part of the rezoning request. The total number of units is 118. The density of the site is now 8.43 units/acre. Keeping the thre�story units near University Avenue and the shorter units near the neighborhood is appropriate. Clustering the taller units will also help to break up the mass of buildings near the intersection and provide for a variety of views irrto the developmerrt. 3rd Street Intersection Anoka County has not informed staff in writing as of this date, but Jane Pemble of the County Public Works staff stated that the Courrty Board approved the City's request to pay one fourth of the costs to improve the intersection according to the County's design requirements. Rottlund will commit its share via the development agreemer�t with the HRA. The owners of Holly Cer�ter have agreed in writing to be assessed for their share of the cost of the intersection. A separate agreement with the County will be signed outlining the responsibilities for preparing the final design and specifications and actual constnaction. The petitioner should complete the final designs and construct the improvements, with arrangements to be made for reimbursement. Anoka County will be responsible for final inspection. Since the hearings in July and August, staff has been contacted by the tenants of the dental/travel office building abutting Mississippi Street. A raised median is proposed in front of the building, and the tenants want a painted median so that traffic can enter/exit the site. Anoka County will have final authority on the design of the intersection, and the request may not be approved by County staff. Architectural Design The petitioner's revised elevations and floor plans for the Village Homes and the Rowhouses are generally consistent with the Design Guidelines originally developed for the site. The elevations for the Vllage Homes have been revised so that the garages and entry spaces are "framed" by columns which almost emulate a"classical" architectural style. The two-story units have been designed so that the windows and roof lines are varied at different depths. Further, entry areas can be enhancecl with a canopy/porch. Cumulatively, these features help to reduce the impact of the attached garage at the front of the unit. While these revisions are very attractive ar�d appealing, staff is suggesting a stipulation requiring that no two building elevations shall be located immediately adjacent to one another. More variety along the street will enhance the attracctiveness of the neighborhood. The petitioner is also preparing another design for the one-story senior unit. 17.04 Rezoning Request, ZOA #95-01 Rottlund Homes Inc. Page 5 Not clear at this poirrt is the amount of bricic incorporated irrto the exterior of the units. Previous staff reports discussed adding brick fea�tures around the entrar�ces in the eighi-unit buildings, ar�d on the one- and tHa-story unit Village Homes. Revised, detailed anchitectural plar�s are reoommended to be submitted prior to first reading of the orclinance approving the rezoning. A list of interior features was submitted as part of the Request fior C�ualifications process. An updated list of features should be also be submitted along with the revised arrchitechuat plans. LANDSCAPING/BUFFERS/ENTRY DESIGN Buffers are proposed along Mississippi Street, Ur�v� Avenue, and a porbon of the common lot line in the northwest part of the site with RAO ManuFacturing. The Mississippi Stree�t buffer will be eight feet in height at installation. Proposed is an alt�ating scheme of arborvitae and stone-like columns. Two foot berrn will also be provided in some areas. The buffer is accented by a mixture of deaduous and evergreen trees. Along Univ� Avenue, a six foot vinyl clad chain link fence with deoorative ston�like columns is proposed with vege�ation along the fence line. Small berms will also be added. MnDOT has been cont�cted to determine if an altemative to the chain link w�ould be acceptable, and to insure that the deoorative feix:e would in fact replace a chain link fence from being installed by MnDOT. Altematives to the virryl clad chain link fence would include a wrought iron or a metal deoorar�tive fence. Bec;ause of the ap�earance of chain link and because of the opportunity to set a standard for future redevelopmerrt projects along the University Avenue corridor, it is recommended that the chain link material be avoided and that another material be used which provides the same amount of security, bu# has a better appearance. MnDOT is agreeable to this option (see letter dated May 15, 1995). The fencing along University Avenue should also be rounded at the top or not cor�tain any sharp edges. Hopefully, children wi11 not try to scale the fence, but in case that it does happen, it should be designed appropriately. Further, because the f�ce will form an edge between the development and the MnDOT right-of-way, it should be designed for additional stress from additional snow loads. There may be a need for more supports along the alignm�t of the fence. Along the westeriy lot line and the oommon lot lines with RAO Manufiacturing, a six f�oot w�ooden shadow box screen fence is proposed. Further discussion about the transition to RAO is provided later. The developer has revised the landscape plan ac�cording to the Planning Commission's direction. Honey Locusts must be replaced with another species. A performance bond in the amount of $60,000 shall be submitted to insure inst�llation of the landscaping as required and shall be held until one full growing season has oa;urred for all materials. 17.05 Rezoning Request, ZOA #95-01 Rottlund Homes Inc. Page 6 The developer's landscape consultant has submitted a plan detail for the errtry feat�xes on Mississippi Street. The plan appears to provide for a 25 fioot site distance triangle. The monument is a cast stone wall with the project identification sign located in the middle. One monument is proposed on the west side of the intersection. The plan also shows the monumerrt flanked by omamerrtal me�al fencing with stone oolumns. Flowers are proposed to be pk�nted in front of the monume�t. Design of the Pubiic/Private Plaza The deveioper has prepared a more de�tailed concept plan inr the public/private plaza in the northeast part of the site. The developer is requesting a 50% credit on the required park dedication fees since the developer is designing, i►�stalling, and mairri�ining the plaza. Further, the developer will grant a public easement over the plaza and the proposed trail and park areas in the middle of the plat The Parks and Recreation Commission reviewed the design of the plaza and recommended denial of the reque,st to waive the fees. The parlc fees total $88,500 ($750/unit). The Commission questioned the amourrt of public use the park would receive arid fel# it was a very large amourrt to waive. The Commission felt that it was really the developer's park and that it would be constructed anyway. Staff recommends a 50% reduction based on the fact that the developer is not only dedicating public use but is also co�cting and mairrtaining the improvemerrts at a cost of at least $56,000 ($12,OOO�for the trails and $45,000 for the plaza, plus landscaping around the plaza area). The stipulation regarding this issue is in the plat report since parlc fees are a requir�nent of the subdivision ordinance. A revised and updated plaza plan should be submitted, however, by first reading of the ordinance. Lighting Two 25 foot tall shoebox style lights are proposed at the irrtersection of 3rd Street and Mississippi Street, and at the intersection of 3rd Street and Satellite Lane. Decorative acom single globe fixtures (see enclosed detail) at 15 feet tall are proposed along the trail and at strategic poir�ts on the private driveways. The revised plan, however, does not indicate any light in the vicinity of the eight-unit buildings. Dec:orative lighting should be extended in this area as determined by photometric studies. The oondominium declaration shall contain language insuring proper maintenance and replaceme.nt of fixtures not within the public right-of-way. RAO Manufacturing The ovmers of RAO Manufacturing have recen�y completed a parking lot expansion. RAO's plan has been incorporated into the petitioner's revised plan. The proposed screening fence is in fact on RAO's property in order to provide for better drainage and mairrtenance. S�tipulation #2 requires execuution of a mairrtenance agreemerrt. 17.06 Rezoning Request, ZOA #95-01 Rottlund Homes Inc. Page 7 RECOMMENDATION The C'rry Counal shou{d receive pub{ic comment and dose the hearing. Prior to first reading of the ordinance rezoning the property, all plaru are reoommended to be finalized so that there are no misunderstandings during cor�sbuction. � 17.07 0 � � U � � 0 � E"� -z � A d a � W � � � .;f r j A .$+ �$ � H � � M S O � � � — O � N � � �^ � ' t0 �O �O �O � W y M u� � �� O 4"� � O�t' � V V O M � N � � � N N >, "C3 •-+ N O� � 4. .� y. 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' i i +"' ! - , 0 C O S U d � � � � � � ` V � S n � � W � .... � �'�NNESpT,9 � � a �� T OF, �� May 15, 1995 iVlinnesota Department ofi Transportation Metro}�olitan Divssion Waters Edgz Building i�00 West County Road B2 Roseville, Minnesota 55113 Barbara Dacy Community Development Director City of Fridley 6431 University Avenue NE Fridley MN 55432-4383 ,�ear Barhara Da�y: SUBJECT: Stonegate Preliminary Plat Review P/95-028 Southwest quadrant of TH 47 & CSAH 6—Mississippi St. Fridley, Anoka County CS 0205 The Minnesota Department of Transportation (i�in/DOT) has reviewed the Stonegate preliminary plat in compliance with Minnesota Statute 505.03, subd. 2, Plats. I apologize for the delay in responding to this proposal and your inquiries. I've answered your questions ( tirst, in the order you asked them. Following those are our aeneral comments regarding the proposal. . . 1. Mn/DOT does not have as built plans for Trunk Highway 47 showing existing utilities. The owners of in-place urilities must be contacted for locational information. 2. Removal and replacement of the chain link fence with a decorative type including stone pillars is acceptable to NIn/DOT provided it is placed an appropriate distance from the highway to protect motarists. A fence of this type located as close to the highway as the existing fence presents a�reatly increased risk of injury as a result of striking rigid iron and stone. We recommend that such a fence be placed 28 feet from the edge of the traveled road as an absolute minimum. Twenty-eight feet is the standard for provision of a safety or clear zone based on the site conditions at this location and the proposed structure. In addition to increasing the hazard potential, failure to observe the accepted standards for provision of a clear zone may be a liability issue. Placement of a iron and stone tience will not be allowed within Mn/DOT right of way. Questions regarding sarety and liability issues may be directed to Mike Schade�� of our Traffic Studies unit at 797-3126. 3. Temporary, emergency vehicie access from TH 47 to Satellite Lane is possible. Approval of temporary access will be contingent on strict limitation of its use to emergency vehicles only. Any other use, by construction vehicles or the general public for instance, will necessitate its closure. 17.11 An Equul Upp�. -•��i� �, Emplo_yer � 4.�... . Barbara dacy May 15, 1995 Page two 4. Approved Mn/DOT permits will be necessary to procced with items 2 and 3. Bill Warden, of our permits section will coordinate permit review. He may be contacted at 582-1443 for information regarding the permit process. 5. The plat boundary is not consistent with Trunk Highway 47 right of way. Attached is a copy of the right of way map for this location and a copy of sheet C 1 from the proposai documents showing TH 47 right of way in red. Questions regarding right of way documentation mav be directed to Phil Keen at 582-1283. 6. The plans indicate that existing drainage patterns will be perpetuated. Any changes in drainage to TH 47 right of way and its stormwater system should be reviewed by ti1n/DOT. Changes in existing drainage patterns and volumes discharged to TH 47 may require a Mn/DOT drainage permit. Questions may be directed to Gene Bovey of our Hydraulics section at 779-5053. � 7. Mn/DOT's policy is to assist local jovernments in promotinb compatibility between land use and highways. Residential land use adjacent to highways will usually result in complaints about traffic noise. The Minnesota Pollution Control Agency has established noise standards and the U.S. Department of Housing and Urban Development also has guideiines. Tzaffic noise from this highway could exceed noise standards established by these agencies. Mn/DOT policy regarding new developments adjacent to existing highways prohibits the expenditure of hi�hway funds for noise mitigation measures. The developer should assess the noise situation and take the action deemed necessary to minimize the impact of any traffic noise. If you have any questions regarding this review please contact me at 582-1386. Sincerely, �� Cyrus nutson Transportation Planner Attachments c: Jon Olson, Anoka County Engineer Skip Anderson, Anoka County Surveyor 17.12 �CyTTLUND H011�iESTM A DMSION OF 1liE ROT['LW. D COMP,�f1Y, lNC May 2, 199� Bill Warden Metro Division, vInDOT 1�00 West County Road B2 Roseville, VfN » 113 Re: Stonegate Dear Bill; Per our conversation on Friday I am enclosing plans for our proposed developmeat located in Fridley which is tentatively called "Stonegate". The City desires that we contact MnDOT to � obtain a pernut to change the existing chain link fence along University Avenue to a more decorative metal fence. Per our discussions, we will a.gree to install the fence apQro.cimately I foot behind the property line, �vith our understanding to vInDOT that the omamental rence would replace the need for a chain link fence for the properry line and that MnDOT would not in the f� future,.be coming back and installin� a replacement chain iink fenc�. We will also be looking to install and connect utilities, provided that.they don't contribute anv further storm drainage than had _ previously existed into the existing pipework in the MnDOT roadway. Lastly; we will inform the City of Fridley that tliey should conta.ct MnDOT regarding the opening of an emergency access at Satellite Lane and liniversity Avenue for a temporary connection �vhile the development is under construction for new road�vays. This temporary connection would be ior the fire department only and cvould be signed accordingl�, such that anv other vehicles usin� it would subject the op�*+in� to a closure and Rottlund or the City �vould need to find a substitute route into the neighborhood from the South while roads are under construction '� in the deveiopment. Tlus rzquest �4ould come from the Cit� to titnDOT and, per our discussions; is something that NInDOT would seriously consider granting on the one time basis only. Bill, thanks again for the working relationship. �.4e iook forwazd to securing pernuts w-ith vou in the ne.�ct few months, with the appropriate informarion attached. S incereiv, , -- -, i. `'•�,� Ji l; " � /`b,G`�xi� �� Donald lensen. L�SA Land Development ivlana�er The Rottlund Company, Inc. D1/am Enc. 17.13 !GB1 LUNG L�KE ROAD ROSEViLi.E. �IN !6121 G3R-Oi00 F,1X �GI'1 G3&U501 t� �Q ��,n�� DESCRIPTION OF REQUEST: Rottlund Homes is proposing to replat the property located at the southwest comer of University Avenue and Mississippi Street. Rottlund Homes is proposing to build 64 three-story units, which wiA be sold as condominiums, and 54 one- and two-story townhouses. The preliminary plat will be revised after the City Council closes the hearing and concurs with the most current site plan. The plat will create lots around each condominium building and a lot for each of the townhomes. The public right�of-way necessary for the 3rd Street extension is also created. A 50 foot right-of-way is proposed north of Satellite Lane, but as the road approaches Mississippi Street, it widens to 70 feet at its widest poirrt. Outlots will be created around the public/private plaza area, and the proposed ponds. SUMMARY OF ISSUES: The developer will need to record appropriate utility easements, a public access e�asement over the public/private plaza area and bikeway walkway are�as, and the condominium documents will also need to be recorded. It is also recommended that an easemerrt be recorded in the northeast part of the plat to provide the City with the ability to consider and constnact an overpass (pedestrian bridge) or underpass to provide a connection across Mississippi Street. A 50% park fee credit is recommended by staff. PLANNING COMMISSION ACTION: The Planning Commission recommended approval of the plat to the City Council subject to the stipulations as contained in the attached report. RECOMMENDATION: The public hearing should be conducted and the plat revised accordingly to City Council direction. 17.14 Plat Request, P.S. #95-01 Rottiund Homes, Inc. Page 2 DEVELOPMENT SITE ANALYSIS Proposed Plat The plat wili create the required lots for the condominium and townhome un'its. The plat also dedicates a 50 foot right-of-way for 3rc! Street for a connection between Satellite Lane and Mississippi Street. A 50 foot right-of-way is proposed instead of 60 feet in order to achieve the highest density possible. The six foot sidewalk proposed within the right-of-way should be shifted outside of the right-of-way to provide maximum snow storage The remaining streets and roadways in the development are private and are to be mairrtained by the homeowners association. Acxording to state law, a condominium declaration must be reoorcled which provides for the operation and conduct of the homeowners association. Water and Sewer The developer has complied with the requiremerrts of the Engineering Department regarding the water and sewer line. Two key issues were addressed. The first issue was to provide for a water and sewer line connecction from 3rd Street east irrto the existing services in University Avenue. The Enginee�ing Department is requesting a 30 foot easement in this area if these two lines are located immediately adjacent to one another. Secondly, a looped water main is required at the extr�ne southwest comer af the plat from Kasota Court into the water line in Satellite Lane. Fire hydrants shall be installed according to Dick Larson's memo dated March 21, 1995. Revised utility plans shall be prepared and reviewed prior to Council action on the plat. Storm Sewer The developer is revising the plan in accordance with the direction from the Engineering Departmerrt. More of the run�ff will be directed toward the northeast part of the site, and the southwest portion of the site will be directed to a storm se�wer which will outlet orrto Satellite Lane. The City of Fridley HRA has agreed to install a storm sewer pipe along Jupiter Drive and Mercury Drive to connect into the pipe that is proposed to outlet at the intersection of Satellite Lane and Jupiter Drive. The developer is also proposing another small pond just north of Sat�lite Lane in between two one-story units. A Rice Creek Watershed District permit will be required. Staff hopes to meet with RCWD staff prior to the public hearing. The MPCA also requires a perrnit if grading is to be conducted on property over five acres in size. The purpose of the MCPA permit is to ensure proper inspection and erosion control during constnaction. 17.15 Plat Request, P.S. #95-01 Rottlund Homes, Inc. Page 3 A storm water pond mairrtenance agreemer�t must be executed by the developer and recorded against the property. The homeowne�'s association will be required to mairrtain the pond and storm water iacilities. The developer's attomey has submitted a memorandum objecting to this requiremerrt. Staff will address this issue with the developer prior to Gty Council action on the plat Revised calculations and grading and drainage plans must be prepared and re�riewed prior to Council action on the plat Condominium Documents The condominium documents must dictate that the homeowners association is responsible fior the on-going mairrtenance and r�air of the water and se�wer lines, storm sewer facilities, and private drives and roadways. It is also suggested that 'rf, in the future, the homeown�'s association does not repair or maintain these iacil'�ies, that the City be permitted, after appropriate notification, to access the property, repair or replace the facilities and assess the homeowners association for the cost to complete the work. The condominium declaration shall also dictate what sides of the private driveways are to be posted as "No Parking" in acxordance with Fire Departmerrt regulations. The declaration should also authorize the Public Works Department to flush the hydrants in acxordance with City policies. The association shall be responsible for plowing, and shall permit emergency vehicle access on the property. The association must also be responsible for the mairrtenance of the landscaping, fencing, entry monuments, the public/private plaza area, trail system, and light standards. A concem was raised about the ability of these units to be rented in the future. Although all owners of property have the right to rent the unit or building in compliance with applicable laws and statutes, the City has experienced problems with speculators buying a number of units and renting them. In order to address this issue, it is suggested that the condominium declaration prohibit ovmership of two or more units by the same p�son. In that way, it would preve�nt speculative ownership of the buildings. Access Through the Development The Fire Departmerrt has requested that an all weather surtace road for emerger�cy vehicle use be provided through the property. The developer is reluctant to provide this access. It is recommended that the existing temporary 3rd Street be le�t intact as long as possible, and that it be used for temporary access through the development. Some type of surface, however, must be mair�tained through the developme�nt during construction. 17.16 Plat Request, P.S. #95-01 Rottlund Homes, Inc. Page 4 Park and Recreation Fees The developer has requested 50% credit of the Park & Recreation fees. The fee f�r each of the units is $750. If the fees were imposed, a total of $88,500 would be required. The subdivision ordinar�ce requires a 10% land dedication or paymerrt of fees. It does not require the developer to build the improvemerrt.s. Because the public/private plaza is located in the Center City area, it is recommended that a public access easemerrt be recorded over the plaza area as well as over the bikeway walkway through the cerrter of the development. Given that this area is in the Center City area and will be utilized by more than just the occupants of this development, consideration should be given to a reduction in the paric fees. Further, the developer is proposing to constnact and mairrtain the improvemerrts. Staff recommends that 50% of the park fees be waived given that the developer is dedicating public access and installing the improvemerrts and maintaining them. The cost to the developer is at least $56,000 ($12,000 for trails and $45,000 for the plaza). This does not include the landscaping costs. The Parks and Recreation Commission recommended full payme,nt of fees (see attached minutes). Future Pedestrian Over/Underpass An easement shall be retained over the northe�ast part of the site for future construction of an over/underpass across Mississippi Street. University Avenue will be a major transit corridor, with LRT lines or a busway lane. A system of pedestrian connections over/under Mississippi Street/University Avenue should not be ruled out at this point in time. The Design Guidelines also encouraged this approach. RECOMMENDATION Staff recommends the City Council hold the public hearing. One additional stipulation has been added to the Planning Commission's recommendation. The Planning Commission recommended approval of PS #95-01 to the City Council with the following stipulations: 1. The petitioner shall enter into and record against the property a development agreemerrt with the City. The developmerrt agreemerrt shall include, and the petitioner shall comply with the following stipulations: a. Constn�ction of 3rd Street and utilities in accordance with the City of Fridley Engineering standards and specifications. b. The developer shall submit a performance or subdivision bond in the amourrt of 125% of the improvement cost to ensure proper installation of the street and public utilities. 17.17 Plat Request, P.S. #95-01 Rottlund Homes, Inc. Page 5 c. Petitioner shall obtain a permit from the Rice Creek Watershed District prior to issuance of the building permit. Petitioner shall comply with the requirements of the district permit. d. The petitioner shall obtain the Min�esota Pollution Corrtrol Agency perrnit for storm water management prior to grading on the properly. The petitioner shall comply with the requirements of the MCPA permit. e. The grading plan shall be amended and ca�ulations submitted to comply with the requiremer�ts of the Enginee�ing Department, based on the revised plan as recommended by the Planning Commission and the City Council. Grading plan and calculations shall be submitted to staff prior to final approval by the City Council. f. The petitioner shall pay the park dedication fees as required by the Park & Recreation Commission, and approved by the City Council. (New stipulation: "The netitioner shall pay $325/unit as �rk dedication fees " g. Utility lines shall be designed according to the City of Fridley's engineering standards and requirements. The City shall inspect the construction of the utilities. A plan and profile drawing of the sanitary sewer and water mains shall be submitted. 2. Rottlund Homes shall record a condominium declaration in compliance with state statute 515A. The declaration shall include, and the petitioner shall comply with the following stiputations: a. The association shall be responsible for the plowing, mairrtenance, and repair of the private driveways and streets. The declaration shall permit emergency vehicle access. (Stipulation to be changed in first sentence: "...nrivate drivewavs streets. and bikewaywalkways " b. The private streets shall be signed "No Parking" as required by the Fire Department. c. The association shall be responsible for the operation, maintena�ce and repair of the storm water system, and shall execute a storm water pond agreemerrt. The pond agreement shall be recorded against the property. d. The association shall authorize the Public Works Department to flush the hydrants in accordance with City policies. e. The Association shall be responsible for the maintenance and/or repair of landscaping entrance monuments and buffer treatmerrts. (Stipulaiion to be changed: "...monument. bufJ`'er treatments. and the plaza area in the northeast corner o the site. " 17.18 Plat Request, P.S. #95-01 Rottlund Homes, Inc. Page 6 f. The condominium declaration shall include the final plan of the project as approved by the Ciiy Council. The declaration shall comply with the requiremertts of Minnesota Statute Chapter 515A. g. The condominium declaration shall require the association to repair and maintain private utilities. h. If the association does not mairrtain the driveways, stree�s and utilities after proper notification by the City of Fridley, the declaration shall permit the City of Fridley to access the property, complete the repairs and assess the cost of the property against the association. i. The condominium declaration shall include language preventing owners from owning more than tvvo units in the developmerrt and rerrt them to the exterrt permitted by law. 3. The petitioner shall prov�de a 30 fioot utility easement over the water and sewer line running east west between 3rd Street and Univ� Avenue. 4. The petitioner shall recorcf a bikeway walkway easement over the public/private plaza area and the bituminous trail through the center of the site. 5. An easement shall be reoorded in the northeast comer of the plat which provides the City of Fridley access and the ability to construct an underpass or overpass across Mississippi Street in the future. 6. Ten foot drainage and utility easements shall be identified on the plat along the perimeter of the project. 7. (New stipulation: "The six foot concrete sidewalk now proposed within the 3rd Street right- o�av shall be relocated out of the righx-of-wav to allow for maximum snow storage and shall be maintained bv the homeowner's association. " 17.19 r O � �— w W � _ I � c�c � � � � r.s. �ry�-cJ� a---------- .... - ^ RotrLund Homes N =-_ ;-=;_:;-:--�'_-_:_.--_� ..�._^_+ -.�� t!� :r _ -- Q _=--�_j__{'-7--y — _ ��._ � / . .... 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':r ��t i_�•i i' t -�\ , � �e � � .i�-Si � . \ a -3, , � _ �I _. :�a•i�,: , � �.. � I, � � �\ ?/ � - _.E : t __y tF'7 S Sl: {_iliE__'�_:St _�"'" i: a •- + .�' � ' }S ;; ',;:s'as ' 3:i �+ i�: . 0 s - "'--:� -i._. � 1 � .. � f, � _ \ ,� S e� 1 s_!: a.r-'�-1 _'.�- cta- � a i'� , f � -�\ .�/ � e �a, : �i i ;� 1 � �ait�]i Ft -s �� . 1 " �� ,,� ;� . '- ';ei '. : � i=i �t � �ir - �� :� � � .. . , ! ^ `L,t __ i ,` •�` :t?5 • : •-�_�: 1:_" _ � J �'� � ' \ , . - .t-i. -�Tl 1.' S 7 / 1 1 � } ' . :� /r�`�'y) 3 �� it 2s�3i� t�ii i�i�:' .�1�. I � :: �. ;� '3 _ ;',��.� _ ,•� ; I: � ��." . . ' - V „ , O � _ - � �-- ..�,-:�;:�.o v ' f � � �.:: ; _w_ z � 17.20 _- � R(JTTLUND HOMESTM .� Df`�1SION OF THE ROTTL(.'vD CO��P.a,�Y. I:�C FACSIVtILE COVER SHEET Date: lC �� Pages Sent ( ndu ing Cover):� TO: vame: ��✓L�� '-L�G� li Companv i' �L��t �7� �� ' i � Telephone: .� 7� .3 2 � aY: � � - , vame:__ �E"CL �/ `�'Y�-�� Comoan�•: Teiephone: Fax_ �ame: Company:_ Tclephone: V a me: Comvanv: Te!e�hone: ��: c yY: FR01�1: �1ame: DOY JE�1SE� Company: T� ROT?LLND CONLP 4N1' Fac Phone: (612) 638-0:02 Telephone: (612) 638-0500 1�1.ESS?iGE:: -- --- - - - .:. . . — - ._ _. ._ _ _ - -- - - --_ , � v �z�-- G U/%L-GC� 5 f�C� / %S /'i'��''� � ��1%� Z� GriGc�f� C�CS'' ^ . �L' � %'�t� 5 -��s� , � The :ntormauon contained :a :his _ac�imile :nessa<�e s privile�A� and coruidential infer.nation :nteade� ��nlv for �he :sse ef -he :naicidual �f entiry named �cove. If the reader oi ehis messa�e u aot the inteaded ;ecipien� or the �mplo��ee or agent :es�onsiole to defiver it to che inteade� rec:oiea[. vou are ne:eov ao�ified that anv dissemination. distnbuuon or copying oi this communicaaon is stricttv orohibited. L`��ou'la��e re�eived �his ::ammurucation in e:ror. ptease immediately nocifv us by telepnone, and return [he JC1�:Rd1 rnessa;e [o us a[ �he �oove sddress ��ia the L�.�. POStaI Jzn�ic�. :Ve �vill be happy to reimburse vour for the pos�age. � P!ease Repf�� rlr tnL i�biil Follo�v Ple�se Replv Immediate!v �!�r��-:! `z'ill _�OT Follow vo Rco(y vcccssarv - - - F.4..�C. doc _�,.,.� »o„Q ...o.n,.,.. _Gi31 LU`C; L:i�c_ 2O.-�D 1l�Jc �1Lt �fV i� Gi_: cij$-0>Op r.�:i GI_'1 u�F3-9�01 i '3�RT.�. GIZY :;.-\::'J c`. � i c=F�\ ^.�RD .i. >.:E?. ;:LL -?.RELL.�.'E\'�=�; -��E4' : :� i-i\=i`� _=cL� . .:.n�`!L'CE5 . � E�ic::::.�` �x:n�' - R.;OH��i.�� .D �SSI 'OLtA� �: �1.�LO`E :_e�Et F. HI.RLEY RGlLC. HERRICK :�2�fAV ! . T.�LLE T�t � � � -.. -: � \� Barna, Gu�y Cz Ste�fen, Ltd. .�TrOR\EYS .�T L.��" 7c� �iorchco�vn Financial Pla:.a 200 Coon Rapids Boulecard Llinneapolis, �1� i�-�3:-��91 {612) i 3t?-��QO FA!C (612 ) i QO-1 r i 7 Yrite�'s Oirect line: (612) 783-5120 June 8, 1995 Mr. Don Jensen The RoTti.ur_� CaMpar_y, Inc. 2681 Long Lake Road Roseville, MN 55113 RE: Storm Sewer Pond Agreement Dear pon: � : �� .. :.�."r.��_ `.'. :['[ �.�;i2.� �:� j .:�.�: �.:. ;'!.��C�: _ .;:�:�c� _. .�:.;�:-x::. : . =c'�.'�r_�f �. �i�Cl�= �.:.�.e.�. a:r=;; .�:.::�,. �: : �;.�c:: ;.�\IE: D. !-!OEr . �C.-�V tit. (2i;�DE �C07T \t. L�P.�.l" cL1Z�8ETH A. :C:i.�iDl.�iG \Y'1LLIA�t E Hl.'EF�IER 3�.3ci�: C. =': \c= :? �;-,�; Enclosed please find the proposed draft of Memorandum dealing with the Fridley Storm Sewer Pond Agreement. Please contact me � so we can discuss any revisions necessary for the Memorandum. t - - . ..- - _ _ - _. _. _... - _ �lery "truly_vCUrs, .__ .'_ . ..�-� � �'� �= !; _ _ . .. _ _ .. --. _ , . . _. _.. . .. . .. .. _ .. _ . _.- - - _ .. .. ... . � ... _ .. . ._ ._ � �� `� i �_. ' +' -��1 :•� �; � Jeffrey-�S. 3�iinson JSJ:mlg Enclosure C' , . �-�.L�v i �:, c:.- � J ,,�� —� � f .,�'/1 ;�"!t' � �-�j"`�--(,�<-a�-nC I,L�� 4iL�l...�tY �[.{ rL�'i yLI�K-�"�(.vl c�t,L�+� G{.�--fi��1�!C'1'� L��=-ct J LZ�-(;L�ti3 G�Ct'_i..�j5 �t-�-� r-�tK�-J rr��y� cc.. :iL;..;.wtc�;c�:L rGc�-t�c�J _� ''�-L� . � L�' . • i . ,-4.' i , � '�c� L�-�-��t�' •� �t �•i�,r�-�,.�•n��-� � �t.aZi.-v!S(�rPc� -T-rtc�c.ecl-t:-a� «t,�.� �LV� L�. �l�C�iL`-(Y`-'�.� �. /1 iLtf t�.LC� I: �.l�,y� (,(.,�� ..5 �i.L1C-��'l- ��•✓ Yr1 LLL1.�=C.G�r-�Ct-sC. I ,��// l. e ,� .� I � %'�-ti'1ri1"� � C� � �� T" 1't' �.�y � • J � .. 17.22 >.n cqual " er MEMORANDiTM l. TO: Donald Jensen � FROM: Jeffrey Johnson RE: The Rottlund Company, Inc. Fridley Storm Sewer Pond Agreement DATE: June 8, 1995 At your request, I have reviewed an unexecuted form Storm Sewer Pond Agreement ("Agreement") generated by the City of Fridley and i--..' r�L�-�a o.i i- i".� �L�.�ii'• 8:� t0 Iv'3� j��:acy3�� uo:fnl �n�°a � � iCL}vG� :7�^2.� . .1.: �.. �� ... � r i- .� the intersection of Mississippi Street and University Avenue in the City of Fridley. Upon such review, I make the following observations and comments: 1. The Storm Sewer Pond Agreement which the City has presented appears to be drafted for utilization within a business park devel.opment wherein a single property owner has developed and will continue to own a business park. Within the business park development, it wvuld have been anticipated that there are on-site detention/retention pond sewer storm systems to.handle water-run-off. It further takes the ----- : approach that all water run-off is created exclusively by the business park development, and the detention/retention ponds are totally�encompassed within private property.� � These basic premises are not consistent with the deveiopment you are proposing in the City of Fridley. First of all, this is not a business park of which there will be a single owner but there will be multiple owners of residential units all of wham will have fractional interest in homeowner associations of which there will be more than one. The storm water run-off will not be generated entirely from the � r 1 Y�'•1 �•�••• A �� G�'J � llt G� t L ✓ V a.. a( 1 i i " 1 l�� 1 4 M G'. i�� V l � � �� ,� �� r dedicated roadways and improvements. MThe proposed� detention/retention ponds abut upon a dedicated public roadway. With these factual circumstances, the Storm Sewer Pond Agreement unreasonably assesses costs and liabilities to ?`he Rottlund Company and its successors which would include individual homeowners, and several homeowner associations. �= 2. Obviously, once the development has been completed, Rottlund would require that it be released from any liability for repair and maintenance obligations pursuant to this Agreement. This is not adequately addressed within the �� ,..:. . Agreement and must specifically state that upon completion ', 17.23 of the development and transfer of ali ownership interest Rottlund is relieved of further obligations under the Agreement. 3. As I stated earlier, the Agreement, I believe, unreasonably assesses obligations and Iiabilities to individual property owners and homeowner associations for what is commonly viewed as a municipal service. Under the Minnesota Common Interest Ownership Act, Section 515B.3-105, a homeowner's association may terminate without penalty agreements entered into by the declarant (Rottlund) which may be viewed as unconscionable to the unit owners at the time entered into under the circumstances then prevailing. The standard of unconscionability will be a fact question but it is quite possible that the associations and the unit owners may be abie to meet the threshoid to demonstrate the L':ICGa'lSCluilai�li-1�� Of �i C[iC��2�aie.^.i.. 1i i.:::Cy cZ'L Su<�:j�S$iui� the Agreement would no longer be enforceable by the City. I would suggest staff to attempt City maintaining sewer system. g:\realest\jsj\rottlund\fridley.agr that we address-these issues with the City to structure an acceptable method for the the on-site detention/zetention pond storm 17.24 MEMO TO: BARB DACY, COMMUNITY DEVELOPMENT FROM: R1C1iARD LARSON, DEPUTY CH1EF DATE: MARCH 21, 1995 RE: ROTTLUND SOUTHWEST QUADRANT issues impo�tant to the fire department 1. Access from Mississippi St. south into Syivan Hilis area. Contractor must provide an a!!-weather surface road for emergency vehicle use. This would include access traveling west on Mississippi St. (our normal route). 2. Hydrant location witfiin complex. � ... ._ . _._ . . _ _ -.__ - - ---- --..... ..___......-- --..-- - Hydrants must be located within 100 feet of any required fire department sprinkie�/standpipe conneciion. Hydrants throughout development can be spac�d no further than 400 feet apart. Hydrants that service structures or dead end roads can be no further than 175 feet from the most remove structure. 3. Aii measurements are taken along normat vehicle trave! (curb travel) and not over yards or through open spaces. 4. Aii hydrants must be visibie and kept clear of snow and obstruction as needed. 5. Any secure building (apartments) that have a common entrance wil! reGuire the installation of a fire depa�tment approved key box for easy entrance by emergency personnel. RHVss u.sa,vom��a �� . 17.25 . - TO: FROM: DATE: SUBJECT: Tra Erigineering � Sewer � Y WafCr � � O Parf�s 03 St�ee;s �' V h1a�nten�nc� U— �y{ J � d 0 = a � Barbara Dacy, Community Development Director r, �� ''Jon Wilczek, Assistant Public Works Director March 23, 199� PW95-073 Southwest Quadrant Comments, Stonegate Redevelopment Move 3rd Street to the far west end of the project to have it line up with existing 2nd Street �n the north and Jupiter Road on the south end. The westerly location would fit in better with future plans and allow for more stacking distance on 11�Iississippi Street, as well as provide for safer turning movements and merging. The direct connection to Jupiter Road would provide more direct access for emergency vehicles to the area south of Satellite Lane. Draina�e l. 2. 3. 4. Increase pond sizes in order to lower the required flow rate out of the ponds. Increase the amount of flow going to Rice Creek. Eliminate the flow going to the northwest (bring it south or to the northeast). Decrease the flow to the south so it can be taken overland rather than piped. The amount of flow shown going to the south exceeds the capacity of the system downstream and will have ta be lowered. Possible ways of lowering this flow would be to take some of the flow to the north and increasing the size of the ponds. Jon Wilczek is willing to sit down and go through the specifics on this and discuss options. 17.26 i� �� March 24, 1995 Page 2 Sanitary Sewer The following changes should be made to the sanitary sewer system: 1. Both ends of Kasota Court should flow to the center court and then to Satellite Lane. 2. The three northwesterly 16 unit buildings and the westerly 24 unit building should be connected to the 15-in. line on University Avenue. 3. The 15-in. line should be accessed via the manhole just north of Kasota Drive. 4. Connect the far southwest 16 unit on Satellite Lane to the sewer on Kasota Drive. These changes would maximize the amount of sanitaxy flow going to the 15-in. trunk line on University Avenue and minimize the amount of flow going to the lift station at Sylvan Hills. The length of sewers would be about the same and the deep section of sewer along Kasota Court and 3rd Street would be much shallower. Watermain � � 1. Connect to the 12-in. watermain on �Jniversity Avenue just north ofKasota"- �'�' � -"� Drive. 2. Connect proposed 8-in. watermain on Kasota Court to the watermain on Satellite Lane at far west end of project. 3. Hydrants as needed for fire protection. Easements Will need a water and sewer easement along Kasota Drive from University Avenue to 3rd Street (the west end of the property). The easement is based on 3rd Street being moved to the westerly part of the project in order to encompass the east-west trunk lines of the project. The City will be responsible for the main line sewer and watermain within the right-of-way of the proposed 3rd Street and the above mentioned easement. All other sewer and watermain irunk lines and all service lines would be the responsibility of the development (private lines). JW:cz y 7.27 5 pAGE 5 g AND RECREAT tournament a few years ago and the commissioners recommendation at that time was to charg e the $50.00/field. Mr. Young stated the saccer tournament was charged for the use of the fields and he feels if one was charged, they should all be charged. Mr. Kirk stated he also feels the policy must remain consistent. The $50.00/field or $150.00 fee wofieldsmreadysand�theecleannup f work the City puts in getting the afterwards. seconded by Ms. Price to approve the request MOTIpN_ by Mr. Young, h School Main for the Fridley for �'ields Comm I, �o� 10 and Hig h Jul 23, 1995 for a Youth Baseball tournament on July 21 throug Y fee of $50-00 per field and thatsshtrashlremovalcbetassessedetoby the City for satellites, or exce the Fridley Youth Baseball. VOTE ALL MEMBERS `10TING AYE, C3�.IRP��SON RONDRICR IIPON A VOIC� r DECIu�•RED T�E MOTION CARRIED IINANIMOUSLY. � 3. OLD BUSINESS a. par;�c Dedication for Stonegate Development: ra erty is developed, the Mr. Kondrick stated when a piece of p P P The City assesses a�a�k Dedication fement (RoLalund Homes), because developer of the Stonegate Develop a ortion of the property to the City for they will be dedicating P a public/private space, has asked that their Park Dedication ee ($109,500) be waived. Mr. Kirk stated at May meeting of the Park & Recreation Commission, Mr. Don Jensen of Rottlund Homes was present to est that the dedication fees be discuss the development and requ would like waived. The commisaboutrthetrequestime stated they some time to �hink Kr_ �irk stated that Rottlund is committed to providing the lan. The public/private space as part of their development p Were total space is estimated at 80,000 square feet- If theY are feet. Zt was noted dedicating land to the City based on the size of the�r development, it would be about 62,00� S� ortion of the area is b�✓ one of �he commissioners that a,�hegstaff was asked to come ponds and unusable for park land. - back with the amount of square footage after subtracting the ond area is 15,000 square feet (area always ponding area. The p this amount from 80,000, they having water). Af�er subtracting ark land. arrived at 65,000 square feet of usable p 17.28 � - JUNE 5 1995 PAGE \6 •., PARRS AND RECR 500. � The liability for Rottlund's Park Dedicatio65`,OOOdfor the9PZaza Rottlund is expected to pay approximately S of trees ea and bituminous trail system in addition to planting that `i ar Mr. Jensen had noted at the last meeting and landscaping. would be able to put in larger if the park fees were waived, theit is Mr. Kirk's understanding, trees and mare dense plantings. onsible for putting in however, that Rottlund Homes is still resp trees and landscaping. The total squ are footage of the plaza area is approximately 15,300 square feet. Mr. Kirk stated what he believes the City Council is looking for 's development and if they is a recommendation from the Parkth1d Recreation Commission as o what the park fees should be for art. should be waived, in full or in p Mr. Young stated he feels no fees should bThislhas not been done should be required to pay the full fees. in the past. It is not fair tobdo a�tractiveme If theeCity- property more saleable and vlsl a recedence for future waives the fee, they are setting P has already invested a sizab e developments. He stated the Ci�ent, providing incentives for the amount of monan itotcomedineand improve that property. Rottlund Comp y � Ms. Dacy stated redevelopment is noner-�akerabutVanmoneyrloserg and most of the time it is not a m Y to acquire The HRA has spent a siqnificant amount ofT�en�may not be able to prcperties and �o clear the properties. y P otiation on what recover all of the costs. At this time, th� n--g assistance Rottlund receives is stVe�Q mentlplanbWillsbethe iiRA does not know what the ultimate de P rice on the land and Everything is negotiated based °ri3anninglprocess before they can they must go through ail of the etc. No mat�er who devel�aking determine the final sale price, . the southwest quadrant, the redevelopment is not a money- venture. tion to the projected seiling Mr. Young stated the amount that Roatiund would need to raise t e price of each unit was small in rel ro erty price of it. He truly believe� that Rottlund wants the p P and if they do not get the money from the City, to be appealing rices of the units. He noted there they will tac� it ona�k byeCPty Hall for employees to use. The is already a plaza p be of qreat benefit to them. new plaza will not necessarily ark dedication fee of $109,�00 was based on Mr. Kirk stated the Per unit. a figure of $750.00 p f,..,;. 17.29 PARRS AND RECREATION COMMISSION MEETING - JUNE 5 1995 PAGE 7 Mr. Young stated he feels waiving of the fee allow for improvements to the development which will mainly benefit the people iiving in it. The City has the responsibility of providing parks for all of Fridley and not just for one small area. Mr. Solberg asked if there has ever been a situation where Fridiey has waived a Park Dedication Fee. Mr. Kirk stated he does not believe a fee has ever been waived. Mr. Solberg stated he agrees with much of what Mr. Young has s�ated. However, what will happen if the City does not approve the waiving of the fees? Ms. Dacy stated the City Council and the HRA from the very beginning wanted some type of "focal point" for the development and also to tie it into the "downtown area". The City can still require a public easement over the area. She noted that the past developer for the area did not provide anything usable for the area, and Rottlund has proposed a significant amount of improvements that they will do that typically the City would not get with a developer if it was not a redevelopmen� project plus the easement and some amount of fees. Rottlund has also �_ndicated that they would be responsible for the maintenance of the area. Mr. Kirk stated the past developer wanted the City to take a piece of the pzoperty and then also to maintain it. Rottlund has agreed to take over the maintenance of the prooerty regardless of what the City chooses to do_ Mr. Kondrick stated he is in agreement with Mr. Young. The $109,500 is a lot of money and those dollars are very precious to the City. There could be 30-40 smaller things that the City could use the money for. Mr. Solberg stated on the flip side, he would like to see the development look as good as possible. The park plaza may be a way to enhance the City. Perhaps a solution would be to waive a portion af the fees, with the City stiil receivi.^.g some revenue. Mr. Kondrick stated he feels Rottlund wili develop the iand anyway. In addition they will be maintaining the area_ Since that will cost them a considerable amount of money over the years, perhaps the City could give them some sort of credits on a percentage of the money due us. He would be more comfortable with th.is type of arrangement. He would not be in favor of waiving the fees altogether_ 17.30 ARF�S AND RECREATT_JN - JUNE 5 , 199 .� ?AGE � Mr. Solberg asked if only a portion of the fees are waived, would Rottlund still provide the same improvements as if they had agreed to waive the entire amount? Mr. Kirk stated he believes that this was addressed at the last meeting by Mr. Jensen of Rottlund Company. He understood that whatever the City credits to them will go back into the development. Ms. Dacy stated the developer will factor back the costs of what they have to spend in order to achieve the development. It is all a negotiation issue when it comes down to the economics of the project. It is important for the commissioners to keep true to their principles of what the City is getting back in return and how it compares with other requests. Mr. Kondrick stated if the City will not waive the fees, it is his feelings that Rottlund will make the improvements anyway. They will need to put something there that will help to market the townhomes. � Ms. Sibell asked how long Rottlund has been doing business in the area. Ms. Dacy stated Rottlund has been in the area for some time. � They have a town.home project on Sullivan Lake and a redevelopment project pending in New Brighton. Ms. Dacy informed �he commissioners that if this was not a redevelopment project, Rottlund would have to do either one two things - dedicate l0a of the land or pay park dedication fees. They would just be dedicating raw land with no improvements and no maintenance. With this development, we getting an easement to the raw land as well as improvements, maintenance and possibly the fePs. of are Mr. Kondrick stated he feels the park dedication fees would provide a substantial amount of money to the City to allow them to do improvements not only there but also in other areas of the City. Ms. Dacy stated �ahat she understands the commissioners to say �s that they are not rPally sure about how much public use the area would provide, but on the other hand the City would be getting something tangible in response. She stated she feeis there should be some amount of reduction in the fees, however that is up to the commission to decide. Mr. Young stated he does not think the average citizen will look at the park plaza as a public park. No parking will be provided other than that provided to the residents. It is likely that �� 17.3 i � PARRS AND RECREATION CO!�SMISSION MEETING - JUNE S 1995 PAGE 9 residents of the townhomes would object to added congestion in the area_ Mr. Solberg stated Rottlund is a profit-making entity and it is his feeling that they will find a way ta pay for the improvements. They were aware of the costs up front. MOTION by Mr. Young, seconded by Ms. Price to recommend to the City Council that no Park Dedication Fees be waived for Rottlund Company and that they be required to pay the full fee of $109,500. IIPON A VOICE VOTE, ALL MEMBERS VOTING AYE, CHAIRPERSON RONDRICR DECLAR.ED THE MOTION CARRIED IINANIMOUSLY. b. Jchn Gargaro Memorial Mr. Kirk informed the commissioners that since the last meeting of the Park and Recreation Commission, a group of citizens came before the City Council with a petition signed by over 1,000 residents, saying that they would like to see C�mmunity Park named after John Gargaro. The City Council had an alternative to their proposal which included a commemorative space which would be used to recognize citizens who have made contributions towards the betterment of the community. Ms. Michele McPherson, Planning Assistant, had designed a�ode? of this proposed area and has had an opportunity to discuss the proposal with the City Council as weil as with some of the residents. Mr. Kondrick stated since the last meeting, it seems to him that there are even more people who seem to think the same as Mr. Solberg and himself on this issue. The contributions of Mr. Gargaro are so extensive and wide spread that he deserves special recognition. With 1,000 responding to an issue such as this, it speaks much of what the community wants. He still feels the community park should be named after Mr. Gargaro, and it would be a great honor. Mr. Solberg stated Mr. Gargaro was an excep�ional example. He feels that the commemorative space is a wonderful idea and that after they name John Gargaro Corununity Park, they should continue with the idea. Ms. Sibell stated tr.e number of signatures on the petition represents the community's thoughts. She feels we need to reiterate to the City Council that we all need to be united on this issue and stress to the City Council how important this is to the community. ��'''r. Young and Ms. Price had no further comments. . 17.32 DESCRIPTION OF RE�UEST: The purpose of the vacation application is to vacate the existing drainage and utility easemer�ts in the redevelopme,nt project area, to vacate the right-of-way for the fror�tage road north of Satellite Lane to Mississippi Street, and to vacate the 3rd Street right-0f-way just north of Satdlite Lane. SUMMARY OF ISSUES: A!I utility companies have been contacted regarding the proposed vacation request. The companies have been advised that Rottlund is processing a simultaneous development request to construct condominiums and townhomes on the parcel. All utilities will be required to be installed underground. Minnegasco has requested reterrtion of an easemerrt along University Aver�ue to r�tain access to a 12 ir�ch gas main. PLANNING COMMISSION ACTION: The Planning Commission recommended approval of the request to the City Council with the following stipulations: 1. Rottlund Homes Inc. shall record any utility easements as requested by the utility companies, either on the plat or by separate document. 2. Compiiance with the stipulations of rezoning request, ZOA #95-01, and plat request, P.S. #95-01. RECOMMENDED ACTIONS: Staff recommends that the City Council conduct the public hearing pending discussion on the rezoning and plat requests. 17.33 Vacation Request, SAV #95-02 Rottlund Homes, Inc. Page 2 DEVELOPMENT SITE ANALYSIS Existing Easements Existing easements were recorded as part of the original Sylvan Hilis Pk�ts 5, 6, 7, and 8. Easements on the properry are as fo!lows: 1. A six foot drainage and utility easemerrt on the west and north lot lines of Lot i, Block 1, Sylvan Hilis Piat 8. 2. A ten fioot drainage and utility easeme,nt along the west li�e of Lot 1, Block 1, Sylvan Hiiis Piat 6. 3. A ten foot drainage and utility easement located between Lot 1, Block i, Sylvan Hi11s Piat 6 and Lot 1, Block 1, Sylvan Hills Plat 7(this was originally recorded as part of the Sylvan Hills Plat 5 plat). 4. Two ten foot drainage and utility easements along the north fot line of Lot 2, Block 1, Sylvan Hills Plat 6, and the south lot line of Lot 1, Block 1, Sylvan Hills Plat 6. 5. NSP has a ten foot wide easement (recorded as Document #285903 and #283795) running east/west across lot 1, Blocfc 1, Sylvan Hills Plat 8 and Lot 2, Block 1, Sylvan Hills Plat 6). NSP has been contacted to C�uit Claim the NSP easements #o �the Fridley HRA. Street Rights-of Way Th�e are two public street rights-of-way proposed to be vacated as part of this request The right-0f-way fiar the frontage road north of Satellite Lane to Mississippi Street is proposed to be vacated, and the small stub of 3rd Street just north of Satellite Lane is also proposed to be vacated. Any utility lines in the vicinity of these rights-0f-way will either be abandoned, removed, or utilized as part of the devefopment p1an. Minnegasco iias requested an easemerrt along University Avenue to provide access to a 12 inch gas line. The size of the easement shall be determined in cooperation with Minnegasco. PLANNINC COMMISSION RECOMMENDATION: New easemer�ts and rights-of-way will be platted as part of the plat request. The Planning Commission recommended approval ofi vacation request, SAV #95-02, subject to the following stipulations: 1. Rottlund Homes Inc. shall record any utility e�aseme.nts as requested by the utility companies, either on the plat or by separate document. 17.34 Vacation Request, SAV #95-02 Rottlund Homes, Inc. Page 3 2. Compiiance with the stipulations of rezoning request, ZOA #95-01, and plat request, P.S. #95-01. RECOMMENDED ACTION: S'taff recommends tfiat the City Council ciose the public hearing. 17.35 � 0 Y � �� _) - S- - � 4° 1��Q 7i9s$� (/� � � � ��' R� � ttlund Homes I � - .».i- p� _ CD � � � � 6 � v m � o � ;` ;�� a � $S s r z 0 e � ` �� ~ r � -� . w v � � T � ' e � �` �I. • ' a - tro a �� . � � ; D I r �°X � g�oN�,' �� .. �� _ � � , � x � rn � � V � M � I � � • �� . � � �. � • Ol aDw. 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