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07/08/1996 - 4856OFFICIAL CITY COUNCIL AGENDA COUNCIL MEETING JULY'8, 1996 , �� '� FRIDLEY CITY COUNCIL MEETING anror F�� ATTENDENCE SHEET Monday, Ju,2y k, 1996 7:30 P.M. PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN PRINT NAME (CLEARLY) , ��' �= T'T j 4' f: �, r= t i� � � J/�G'� r i; �5�-,�u-;��:J � 1 . �,. i� ��- u � vu. � � �r� C•- �- �,�,i L �7 � ` ��'. � �' , G-C._ c.'-� "?� ; � l �r�';�- �� i;� �. �u' ,� j l �, �� r`�` � � �� /'y�,.�. 1 �c�, � , '-� �`.J/�v�.'� �, � %-� ADDRESS l(,! E%.., t'�'�`''c"/- fT �.- l�l�«%j �. . r v t',% �.�� :� G' CL� S�a, �i � �l'iti -S T " �'�' I� ��—�� '� � �� ,�,s' ,; �. c-c � A� �?.�,? f�'C`/�S � . ,�': %l,%� � �t"' l -G /, 7` , , ,, ' z.� �� ,� -` � f� e�(.t '�� -"C'( G� 5�' - G > � �r �' �/i�!'x Y' r U^�i l? �Z�c `-� c`� _ �'� `' l � � �� " . � � � 3 z ��' � �� ` l�- f�� ITEM NUMBER � `� E� Vr'�.�� V�l�;qc -/� l� G � . r �.�� t CITY OF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF JULY 8, 1996 The City of Fridley 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: APPROVAL OF MINUTES: City Council Meeting of June 24, 1996 APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS: Second Reading of an Ordinance Repealing Chapter 106 of the Fridley City Code in its Entirety and Adopting a New Chapter 106 Entitled "Emergency Management" .....:.........................1.01 - 1.09 Second Reading of an Ordinance Under Section 12.07 of the City Charter to Vacate Streets and Alleys and to Amend Appendix C of the City Code (Vacation Request, SAV #95-02, Southwest Quadrant Project Area) (W�ard 1) ........................................................................2.01 - 2.02 > �4'r FRIDLEY CITY COUNCIL MEETING OF JULY 8, 1996 Page 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: Receive the Minutes of the Planning Commission Meeting of June 19, 1996 ............ ....3.01 - 3.09 Resolution Calfing for a Public Hearing on the Redevelopment Plan for Redevelopment Project Area No. 1 and the Tax Increment Financing P1ans for Tax Increment Financing Districts No. 1- 3, No. 6, No. 7, and �No. 9- 14 for July 22, 1996 for Wallboard, lnc . ......:........................4.01 - 4.03 Claims...............................:..............................................5.01 Licenses........................................................................6.01 - 6.03 Estimates ......................................................................7.01 ADOPTION OF AGENDA: OPEN FORUM, VISITORS: (Consideration of Items not on Agenda - 15 Minutes) � FRIDLEY CITY COUNCIL MEETING OF JULY 8, 1996 PUBLIC HEARINGS: Page '3 Plat Request, P.S. #96-01, by Independent School District No. 14, to Repiat Property Generally Located North of 61 st Avenue, �East of 7th Street, South of 63rd Avenue, and West of Jackson S#reet (Ward 1) ...........................................8.01 - 8.16 Vacation Request, SAV #96-02a, by Independent School District No. 14, to Vacate Streets and Alieys Generally Located North of 61 st Avenue, East of 7#h Street, South of.63rd Avenue, and West of Jackson Street (Ward 1) and, Vacation Request, SAV #96-02b, by {ndependent School District No. 14, to Vacate Streefs and Alleys Generally Located North of 59th Avenue, East of 7th Street, South of 61 st Avenue, and West of West Moore Lake Drive (Ward 1) and, Vacation Request, SAV #96-02c, by Independent School District No. 14, to Vacate Streets and Alleys Generally Located North of 59th Avenue, East of 7th Street, South of 61 st Avenue, and West of West Moore Lake Drive (Ward 1) .............................9.01 - 9.07 FRIDLEY CITY COUNCIL MEETING OF JULY 8, 1996 Page 4 NEW BUSINESS: First Reading of an Ordinance Approving an Amendment to Classify Gravel and/or Dirt Driveways as a Nuisance and Prohibit their Use ....................................................................10.01 - 10.18 Variance, VAR #96-12, by Miller Funeral Home, to Reduce the Front Yard Setback from 80 Feet to 37 Feet to Allow a Minor Building Addition; and to Reduce the Rear Yard Setback from 40 Feet to 24 Feet, to Allow the Construction of an Addition on to an Accessory Structure, Generally Located at 6210 Highway 65 N.E. (Ward 2) ........................................11:01 '- 11.28 Resolution Approving Human Resources Commission Recommendation for the Allocation of Human Service CDBG Money .............................................12.01 -'12.34 Consideration for a Cooperative Agreement for the Removal of the University Avenue Slip Off Ramp (Ward 1) ..........................................:................13.01 - 13.18 �� . FRIDLEY CITY COUNCIL MEETING OF JULY 8, 1996 Page 5 NEW BUSINESS (CONTINUED): Approve Joint Powers Agreement and Addendum with School District No. 14 for Shared Use of Facilities .......................... ........... ..... ....14.01 - 14.08 Informal Status Reports ..........................................................15.01 ADJOURN: , � °� / t � oF FRIDLEY � ��-�%�-� . FRIDLEY CITY COUNCIL MEETING OF JULY 8, 1996 The City of.Fridiey will not diseriminate 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 re�ard 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 �vho 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: APPROVAL OF MINUTES: City Council Meeting of June 24, 1996 APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS: Second Reading of an Ordinance Repealing Chapter 106 of the Fridley City Code in its Entirety and Adopting a New Chapter 106 Entitled "Emergency Management" .. _._ , , a �.zc ,�-��d l � '��,�' . s�.--_ .i��, �� L��~_' r �J� X/' .��'�'� �� , ..........................1.01 - 1.09 ��t <� �.t f;�v�_`' - Second Reading of an Ordinance Under Section 12.07 of the City Charter to Vacate Streets and Alleys and to Amend Appendix C of the City Code (Vacation Request, SAV #95-02, Southwest Quadrant Project Area) (Ward 1) ..............................;...................... � ......... _..2.�1 - 2.02 ...-- � _.. - ,� �� ,.t_�� , � � ��-�. « : �-��!'"��`�� U � . _ - _ , � ' ' �� . � FRIDLEY CITY COUNCIL MEETING OF JULY 8, 1996 Page 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: Receive the Minutes of the Planning Commission Meeting of June 19, 1996 ..........................3.01 - 3.09 ; �C - �U-�� - Resolution Calling for a Public Hearing on the Redevelopment Plan for Redevelopment Project Area No. 1 and the Tax Increment Financing Plans for Tax Increment Financing Districts No. 1- 3, No. 6, No. 7, and No. 9- 14 for July 22, 1996 for Waliboard, inc . ...............................4.01 - 4.03 � - �� -��' ��- � �1`� � � � .. Claims ........�:: ::��::. .. .............................5.01 Licenses ............��,�:_`,"�--�............ .._ ......................6.01 - 6.03 Estimates ........��............`.� ........................ ...........7.01 �� ADOPTION OF AGENDA: �%� ��""_' �� w � - �� OPEN FORUM, V1S(TORS: (Consideration of Items not on Agenda - 15 Minutes) t FRIDLEY CITY COUNCIL MEETING OF JULY 8, 1996 Page 3 PUBLIC HEAR{NGS: Piat Request, P.S. #96-01, by Independent School District No. 14, to Replat Property General{y Located North of 61 st Avenue, East of 7th Street South of 63rd Avenue, and West of Jackson Street (Ward 1) ...........................................8.01 - 8.16 �' � � � Vacation Request, SAV #96-02a, by independent School District No. 14, to Vacate Streets and Aileys Generaliy Located North of 61 st Avenue, East of 7th Street, South of 63rd Avenue, and West of Jackson Street (Ward 1) and, Vacation Request, SAV #96-02b, by Independent Schoof District No. 14, to Vacate Streets and Ai�eys Generally Located North of 59th Avenue, East of 7th Street, South of 61 st Avenue, and West of West Moore Lake Drive (Ward 1) . • Vacation Request, SAV #96-02c, by ]ndependent School District No. 14, to Vacate Streets and Alleys Generally Located North of 59th Avenue, East of 7th Street, South of 61 st Avenue, and West of West Moore Lake Drive (Ward 1) ............................9.01 - 9.07 �� , *, FRIDLEY CITY C4UNClL MEETING OF JULY 8, 1996 Page 4 NEW BUSiNESS: First Readi�g af an Ordinance Approving an Amendment to Classify Gravei and/or Dirt Driveways as a Nuisance and Prohibit their Use .................................................................... � 0.01 - 10.18 � / �% ��-�-�-�o` Variance, VAR #96-12, by Miller Funeral Home, to Reduce the Front Yard Setback from 80 Feet to 37 Feet to Allow a Minor Building Addition; and to Reduce the Rear Yard Setback from 40 Feet to 24 Feet, #o : A(low the Co.nstruction of an Addition on to an Accessory Structure, Generally Located at 6210 Highway 65 N.E. (�l1/ard 2) ........................:..:............11.41 - 11.28 ��` �� r �''-_.,-_,_'_� ��--/� C%�� I/ "..��1� Resolution Approving Human Resources Commission Recommendation for the Allocation of Human Service CDBG Money ....................... .... .............'f2.01 - 12.34 ��-- z � �i,-'C��- ��_ . -- l"�_ l� _ � -. � <.' - -.- � � L _ ,1;��;��,--� �.,.� ,� � �.,�„�� r a Cooperative Agreement for the Removal of the University Avenue Slip Off Ramp (Ward 1) ..................:........................................13.01 - 13.18 � __.__ C�,. �, ,1�.�.�.�-Cr �-�3-- - - - . '. '' FRIDLEY CITY COUNCIL MEETING OF JULY 8, 1996 NEW BUSINESS (CONTtNUED): Page 5 Approvai of Joint Powers Agreement with School District No. 14 ......... . . ....� ..........................14.01 � �� .� � �� — S �'''" � , ��t..�.-- s�-s-�- �`Lt�� p� ;� �� s,�. Informal Status Reports ..........................................................15.01 � 1L-r-,.,-� � d, ��:--�,r� � � ADJOURN: ��_�,�-� ,� -- �=� - S ,�,�.c -� �� Q � �� /�' �/ THE MINUTES OF THE FRIDLEY CSTY COUNCIL MEETING OF J(JNE 24 , 1996 THE MINUTES OF THE REGUI�R MEETING OF THE FRIDLEY CITY COUNCIL OF JUNE 24, 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: Mayor Nee, Councilwoman Jorgenson., Councilman Billings, and Councilwoman Bolkcom MEMBERS ABSENT: PRESENTATION: Councilman Schneider INNOVATIVE CITY AWARD FROM THE ASSOCIATION OF METROPOLITAN MUNICIPALITIES FOR PROJECT SAFETY NET: Ms. Debi Campobasso, Program Specialist, presented Council with the 1996 Innovative City Award from the Association of Metropolitan Municipalities for Project Safety Net. This project started a year ago and is designed to build a healthier, stronger community for families and youth. The goal of the program is to reduce youth delinquency and create support systems in the community. Ms. Campobasso thanked Council for being creative in providing programs for the City to strengthen this program. She presented the award to Council. Mr. Kevin Thomas, Outreach Coordinator, asked everyone in the audience involved in Project Safety Net to stand and be recognized. LEGISLATIVE UPDATE - REPRESENTATIVE SKIP CARLSON: Representative Skip Carlson stated that Council has received several reports since the legislative session closed on April 2. His experience in the legislature was unique with some good and some bad things occurring. He complimented Council and staff on their work. He also staid that he is in contact with the City's Public Safety Director regarding the smoking bill. Representative Carlson stated that he serves on the Facts Committee. Because of the limited amount of income and pressure in the education sector, there will probably be tax reform. He expects to be in contact with Council and City staff to solicit their support and to answer any questions. Councilman Billings stated that the legislature gives the City one source of revenue, which is the property tax. At the same time it continues to add responsibilities. Cities are not the enemy of the legislature and are told what to do by the legislature. When this FRIDLEY CITY COUNCIL MEETING OF JUNE 24, 1996 PAGE 2 is attempted, there is criticism for spending the money. When talking about tax reform, if the legislature mandates additional activities for cities, they have to be cognizant of the costs to carry out these activities. Representative Carlson stated that Councilman Billings' comment is well-taken. The legislature does not believe cities are the enemies, but often times cities and the state are in different camps. APPROVAL OF MINUTES: COLJNCIL MEETING, JUNE 10, 1996: MOTION by Councilwoman Jorgenson to approve the minutes as pre- sented. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: 1. FIRST READING OF AN ORDINANCE REPEALING CHAPTER 106 OF THE FRIDLEY CITY CODE IN ITS ENTIRETY AND ADOPTING P. NEW CHAPTER 106 ENTITLED "EMERGENCY MANAGEMENT:" Mr. Burns, City Manager, stated that these changes are housekeeping in nature and serve to update the ordinance. The general changes are that the phrase "civil defense" has been changed to "emergency management." The Civil Defense Agency becomes the Emergency Management Organization. Definitions for disaster and Emergency Management Organization have been added, and the definition of "emergency" has been redefined. Mr. Burns stated that more specific changes eliminate the references to air raid wardens, and language is substituted that would have the Emergency Management Director coordinating the activities of City Emergency Management Organizations in iieu of providing and equipping emergency hospitals, casualty stations and ambulances. Language has been added that requires the Emergency Management Director to submit reports on emergency preparedness activities as requested by the City Council. There is language that eliminates the requirement for administering an oath of office to all members of the Emergency Management Organization and added language outlining declaration of a local emergency. References ta air raid drills, enemy attack, air attack, etc. is eliminated, as well as changes in references to the Assistant City Manager/Public Safety Director to Public.Safety Director. Another section that is eliminated deals with language for keeping lights off during black-outs. Mr. Burns stated that the Emergency Management ordinance is FRIDLEY CITY COUNCIL MEETING OF JUNE 24, 1996 PAGE 3 supported by a very detailed Emergency Management Plan, as well as by incident command training. The plan details the nature of the Emergency Management Organization and the relationships between public and private sector organizations, such as hospitals, during emergencies. WAIVED THE FIRST READING AND APPROVED THE ORDINANCE ON FIRST READING. 2. FIRST READING OF AN ORDINANCE UNDER SECTION i2.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE {VACATION REQUEST, SAV #95-02, SOUTHWEST YKOJ�C'1' Mr. Burns, City Manager, stated that as a result of a title search, it was discovered that a utility easement had not been vacated in the southwest quadrant project. The easement was recorded after 64-1/2 Avenue was vacated in 1964. The easement is 30 feet by 200 feet and runs over the south half of the vacated right-of-way with no municipal utilities in the easement. The easements are not needed for future municipal utilities. This matter was reviewed by the City Attorney, and a public hearing was held for the vacation on June 10, with no comments from the public. WAIVED THE FIRST READING AND APPROVED THE ORDINANCE ON FIRST READING. 3. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF JUNE 5, 1996: RECEIVED THE MINUTES OF THE PLANNING COMMISSION MEETING OF JLTNE 5 , 1996 . 4. SPECIAL USE PERMIT REQUEST, SP #96-11, BY ARCHITECTURAL DESIGN PARTNERS, P.A., TO ALLOW AN EXPANSION OF A CONVALESCENT HOME IN AN R-1, SINGLE FAMILY DWELLING ZONING DISTRICT, GENERALLY LOCATED AT 7590 LYRIC LANE N.E. (WARD l): Mr. Burns, City Manager, stated the this is a request for a special use permit to allow the expansion of the Fridley Convalescent Home. The proposed addition is a two-story structure that measures 38 feet by 100 feet on each floor. To accommodate the addition, the easterly parking lot will be expanded to the north by ten feet. Mr. Burns stated that the purpose of the addition is to provide additional office space, therapy space, and space for ancillary uses. No additional beds, however, will be added. FRIDLEY CITY COUNCIL MEETING OF JUNE 24, 1996 PAGE 4 The proposed addition, together with the existing structure, meets all setback and lot coverage requirements. The property, however, does not meet parking requirements established by our code for "health care services." The site provides for only 80 of the required 294 parking stalls. The petitioner has submitted a parking survey that demonstrates the adequacy of the 80 parking spaces. Mr. Burns stated the petitioner's survey indicates that between 7 and 52 spaces are available at any given time. The petitioner also submitted information regarding the number of parking stalls for similar uses. This information reveals that for other nearby cities, the requirement is between 47 and 109 spaces for circumstances similar to the Fridley Convalescent Home. Fridley's code apparently applies more to high turnover medical uses than it does to a convalescent home. Mr. Burns stated that the Planning Commission recommended approval of this special use permit with the stipulation that future reuse of this facility for purposes other than a convalescent home will require review and approval by the Planning Commission and the City Council. GRANTED SPECIAL USE PERMIT, SP #96-11, WITH THE STIPULATION THAT REUSE OF TAE FACILITY FOR ANYTHING OTHER THAN A CONVALESCENT HOME WILL REQUIRE REVIEW AND APPROVAL BY THE PLANNING COMMISSION AND CITY COUNCIL. 5. ESTABLISH A PUBLIC HEARING FOR JULY 8, 1996, FOR PLAT REQUEST, P.S. #96-01, BY INDEPENDENT SCHOOL DISTRICT NO. 14, Tn REPLAT PROPERTY GENERALLY LOCATED NORTH OF 61ST AVENUE, EAST OF 7TH STREET, SOUTH OF 63RD AVENUE, AND WEST OF JACKSGN STREET . ( WARD 1) : Mr. Burns, City Manager, stated that a public hearing should be set for July 8, 1996 for a replat request by School District No. 14. The replat anticipates a land exchange between the City and School District No. 14. The change has been requested by the school district as a means of matching uses with ownership. Mr. Burns stated that, in general, the property on the south side of 61st Avenue, that is the site for the Community Education Center, is owned by the City. The property on the north side of the street, that is the site for the City's treatment plant and Commons Park, is owned by the school district. The request is to replat all of Vineland Addition, generally located north of 61st Avenue, east of 7th Street,. south of 63rd Avenue, and west of Jackson Stre�t. FRIDLEY CITY COUNCIL MEETING OF JUNE 24, 1996 PAGE 5 Mr. Burns stated that the Planning Commission voted unani- mously to approve this request at its meeting of June 5. SET THE PUBLiC HEARING ON PLAT REQUE5T, P.S. #96-01, FOR JULY 8, 1996. 6. ESTABLISH PUBLIC HEARINGS FOR JULY 8, 1996, FOR: VACATION REQUEST, SAV #96-02a, BY INDEPENDENT SCHOOL DISTRICT N0. 14, TO VACATE STREETS AND ALLEYS GENERALLY LOCATED NORTH OF 61ST AVENUE, EAST OF 7TH STREET, SOUTH OF 63RD AVENUE, AND WEST OF JACKSON STREET (WARD 1): AND VACATION REQUEST, SAV #96-02b, BY INDEPENDENT SCHOOL DISTRICT NO. 14, TO VACATE STREETS AND ALLEYS GENERALLY LOCATED NORTH OF 59TH AVENUE, EAST OF 7TH STREET, SOUTH OF 61ST AVENUE, AND WEST OF WEST MOORE LAKE DRIVE (WARD 1): AND VACATION REQUEST, SAV #96-02c, BY INDEPENDENT SCHOOL DISTRICT NO. 14, TO VACATE STREETS AND ALLEYS GENERALLY LOCATED NORTH OF 59TH AVENUE, EAST OF 7TH STREET; SOUTH OF 61ST AVENUE, AND WEST OF WEST MOORE LAKE DRIVE (WARD 1): Mr. Burns, City Manager, stated that public hearings should be scheduled for July 8, 1996 for three vacation requests by School District No. 14. The request is to vacate streets and alleys at three locations. The Planning Commission voted unanimously to approve these vacation requests at their June 5 meeting. SET THE PUBLIC HEARINGS FOR VACATION REQUESTS, SAV #96-02a, #96-02b, AND #96-02c FOR JULY 8, 1996. 7. EXTENSION OF SPECIAL USE PERMIT, SP #95-06, BY ADE LEASING, TO ALLOW AN AUTOMOBILE SERVICE STATION AND MOTOR VEHICLE F'UEL AND OIL DISPENSING SERVICE IN A C-2, GENERAL BUSINESS DISTRICT, GENERALLY LOCATED AT 7609 UNIVERSITY AVENUE N.E. (WARD 1): Mr. Burns, City Manager, stated that on July 24, 1995, Council approved a special use permit for Jiffy Lube operation at the northeast corner of Universi.ty Avenue and Osborne Road. Since the permit will expire July 24, the petitioner is requesting a six-month extension of the permit to enable him to conclude financing, as well as the design and construction of the Jiffy Lube facility. APPROVED A SIX MONTH EXTENSION OF SPECIAL USE PERMIT, SP�i 96-06, TO JANiJARY 24, 1997. FRIDLEY CITY COUNCIL MEETING OF JUNE 24, 1996 : � 10. PAGE 6 APPROVED 1996 JOINT POWERS AGREEMENT FOR RESIDENTIAL RECYCLING PROGRAM BETWEEN THE CITY OF FRIDLEY AND THE COUNTY OF ANOKA: Mr. Burns, City Manager, stated that Anoka County annually distributes the SCORE funds it receives from the State to municipalities and townships through joint powers agreements. Fridley's 1996 allocation is $78,250.36. In exchange for these funds Fridley pledges that it will continue its residen- tial solid waste recycling program and that it will work towards a goal of 2,459 tons of recyclables. Mr. Burns stated that the agreement with the County covers items such as reporting requirements, payment by the County, method for computing Fridley's allocation, maintenance of records, a list of general pro�risions, and an indemnification and termination clause. APPROVED THE 1996 JOINT POWERS AGREEMENT WITH ANOKA COUNTY FOR THE RESIDENTIAL RECYCLING PROGRAM. RESOLUTION NO. 44-1996 AUTHORIZING ACQUISITION OF 541 79TH WAY N.E. AND AUTHORIZING ACQUISITION OF TAX FORFEIT PROPERTY FROM ANOKA COUNTY FOR PUBLIC Mr. Burns, City Manager, stated that this resolution autho- rizes the acquisition of the property at 541 79th Way, as well as acquisition of an adjoining 6,011 square foot parcel of tax forfeit property to the east. The property is adjacent to Springbrook Creek, and the proposed acquisition is for flood control purposes. The asking price for the property is $37,800. Since the home is below the 100 year flood elevation for the Mississippi River, staff is recommending that the home be demolished. The acquisition of the tax forfeit property from Anoka County will be for a nominal cost. Funding for the acquisitions will be derived from the City's Housing Revitalization Fund. ADOPTED RESOLUTION NO. 44-1996. ESTABLISH A PUBLIC HE�iRING FOR JULY 22, 1996, FOR AN ORDINANCE AMENDING SECTION 2.06.01 OF THE FRIDLEY CITY CHARTER: Mr. Burns, City Manager, stated that a public hearing should be scheduled for July 22 to consider an amendment to Section 2.06.01 of the City Charter. This amendment deals with conditions under which vacancies shall exist on the Council. The amendment was approved by the Charter Commission at their January 29 meeting. SET PUBLIC HEARING FOR JULY 22, 1996 FOR THE ORDINANCE AMENDMENT TO SECTION 2.06.01 OF THE CITY CHARTER. FRIDLEY CITY COUNCIL MEETING OF JUNE 24, 1996 PAGE 7 11. ESTABLISH A PUBLIC HEARING FOR JULY 22, 1996, FOR AN ORDINANCE AMENDING CHAPTER 3 OF THE FRIDLEY CITY CHARTER: Mr. Burns, City Manager, stated that a public hearing should be scheduled for July 22 to consider amendments to Chapter 3 of the City Charter. The amendments deals with frequency of regular meetings; conditions for callbing special meetings and conference meetings; the public nature of all meetings; appointment and duties of the Secretary to the City Council; definition of a quorum; majorities necessary for passage of ordinances, resolutions, and motions; conditions for passage of an emergency ordinance; signing, publication and retention of ordinances; when ordinances and resolutions take effect; and amendment and repeal of ordinances. The amendments were approved by the Charter Commission at their January 29 meeti:ng . SET PUBLIC HEARING FOR JULY 22, 1996 FOR THE ORDINANCE AN�NDMENT TO CHAPTER 3 OF THE CITY CHARTER. 12. APPROVE CONTRACT BETWEEN THE CITY OF FRIDLEY AND SETTER, �, . , CENTER) (WARD ARCHI Mr. Burns, City Manager, stated that at the request of Council, staff has held discussions with School District No. 14's architect, Mr. John Litchy. The purpose of the discus- sions was to investigate the feasibility of joining with the school district in the renovation of the Cona.munity Education Center. The City's participation would be to accommodate the need for upgraded senior facilities; to improve facilities for The Zone, a teen drop-in center; and to provide additional public meeting room space. Mr. Burns stated that a contract has been drafted for preliminary architectural services, and Mr. Litchy has been asked to identify conceptual alternatives for meeting space. needs through the remodeling of four classrooms and the building of a 4,000 square foot addition that ties the classrooms to the existing qymnasium/cafeteria. Mr. �itchy has also been asked to consider how the City's long-term space needs might better be met through construction of a basement under the addition. In addition, there are also various other considerations that Mr. Litchy has been asked to address. For these services, the City agrees to pay Mr. Litchy an amount not to exceed $4,000, and the study is expected to be completed within three weeks. APPROVED CONTRACT BETWEEN THE CITY AND SETTER, LEACH & LINDSTROM, INC. FOR ARCHITECTURAL SERVICES (COMMCJNITY EDUCATION CENTER). FRIDLEY CITY COUNCIL MEETING OF JUNE 24, 1996 PAGE 8 13. 14. RECEIVE BIDS AND AWARD CONTRACT FOR REPLACEMENT AND UPGRADE OF THE INNSBRUCK LIFT STATION, PROJECT NO. 29$: Mr. Burns, City Manager, stated that the City received a bid. for a package sewage pump station to retrofit the existing air injector station near the intersection of Trollhagen and St. Imier Drives. The one bid received was from General Repair Service in the amount of $31,862.67. The Cit� will install the unit for an additional cost of $10,000 to $12,000. Funds have been allocated in the capital improvement budget to cover these costs. RECEIVED THE BID FROM GENERAI. REPAIR SERVICE FOR REPLACEMENT AND UPGRADE OF THE INNSBRUCK LIFT STATION, PROJECT NO._298 AND AWARDED THE CONTRACT TO GENERAL REPAIR SERVICE IN THE AMOUNT OF $31,862.67. APPROVE CHANGE ORDER NO. 4 TO THE 1995 STREET IMPROVEMENT PROJECT N0. ST. 1995 - 1& 2: Mr. Burns, City Manager, stated that this change order is needed for milling and overlaying at three locations where temporary patches were installed during the winte'r. These locations are on Miss.issippi Street, 53rd Avenue, and Washington Street. The total cost for the work is $7,498.45 of which $3,OU0.00 will be reimbursed by Amoco for 53rd Avenue. The other two locations involved water main breaks and replacement. APPROVED CHANGE ORDER N0. 4 WITH F�AFZURIVES, INC. IN THE AMOUNT OF $7,498.45 FOR STREET IMPROVEMENT PROJECT NO. ST. 1995 - 1 & 2. 15. APPOINTMENT: PUBLIC SERVICES WORKER: Name Mr. Burns, City Manager, stated it is recommended that Mark Schulte be appointed to the position of Public Services Worker in the Parks Division. Mr. Schulte graduated from St. Peter High School and has taken courses at Mankato State University. He has worked in park maintenance for the City of Mankato, as well as with the Minnesota Conservation Corps. CONCURRED WITH THE FOLLOWING APPOINTMENT BY THE CITY MANAGER: Position Starting Salary Mark Public Services $11.21 Schulte Worker, Parks per hour Non-exempt 1995 contract Starting Date July S, 1996 Replaces David Lindquist FRIDLEY CITY COUNCIL MEETING OF JUNE 24, 1996 PAGE 9 16. CLAIMS: AUTHORIZED PAYMENT OF CLAIM NOS. 68513 THROUGH 68763. 17. LICENSES: APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE IN THE LICENSE CLERK'S OFFICE. 18. ESTIMATES: APPROVED THE FOLLOWING ESTIMATES: Schield Construction Co. 13604 Ferris Avenue South Apple Valley, MN 55124 Stonybrook Creek Bank Stabilization Project No. 246 Estimate No. 4 (Correction). . . . . . . . . $11,034.25 (Council approved $11,304.25 at the June 10, 1996 Council Meeting) Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, MN 55432 Services Rendered as City Prosecuting Attorney for the Month of April, 1996. ...$13,260.01 Barna, Guzy & Steffen, Ltd. 400 Northtown Financial Plaza 200 Coon Rapids Boulevard, N.W. Coon Rapids, MN 55435-5489 • Legal Services Rendered for the Month of June, 1996 . . . . . . . . . . . . . $ 43.75 Visu-Sewer Clean & Seal, Inc. 3940 Louisiana Avenue South St. Louis Park, MN 55426 Sanitary and Storm Sewer Repair Project No. 292 Estimate No. 1 . . . . . . . . . . . . . . . $78, 466.10 FRIDLEY CITY COUNCIL MEETING OF �TUNE 24, 1996 PAGE 10 Hardrives, Inc. 14475 Quiram Drive Rogers, MN 55374-9461 1995 Street Improvement No. ST. 1995 - 1& 2 Estimate No. 4 . . . . Project . . . . . . . . . . $81, 684. 04 No persons in the audience spoke regarding the proposed consent agenda items. MOTION by Councilman Billings to approve the consent agenda items. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilman Billings to adopt the agenda as submitted. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: There was no response business. NEW BUSINESS: from the audience under this item of 19. APPROVE MASTER PLAN FOR I,AKE POINTE OFFICE PARK BY MEPC AMERICAN PROPERTIES: Ms. Dacy, Community Development Director, stated that the evalua- tion of the Master Plan for Lake Pointe culminates a three-month review process by staff, City commissions, and the Housing and Redevelopment Authority. Neighborhoo�. meetings were also conduc- ted, and it is recommended that the Master Plan be approved with twelve stipulations. Ms. Dacy presented aerial photos of the 38-acre site. She stated. that R-1 zoning was retained to provide a buffer for the neighbor- hood to the north. The S-2 zoning comes into play because what is proposed in the Master Plan should be consistent with what the City desires for the site. The proposed plan is for 582,000 square feet of corporate office space consisting of two five-story buildings,. one six-story building, and one eight-story building. Serving the office building will be a three-story office deck. Ms. Dacy stated that on the east portion of the site there will be three commercial buildings housing a restaurant, a four-story hotel, and a bank and office structure. There may be some day care facilities located in the office building to serve employees. FRIDLEY CITY COUNCIL MEETING OF JUNE 24, 1996 PAGE 11 Ms. Dacy stated that the developer will be required to plat the property as it is developed. The office building exteriors will be brick or pre-cast concrete. There would be standard signage, lighting, and landscaping. A plaza area in the center of the site is proposed, as well as a major entrance. Easements would be retained for the bikeway/walkway. Ms. Dacy stated that the S-1 zoning district requires a special use permit if other than a nine-foot wide parking stall is contemplated. A lump sum payment is recommended for the park fee, and five additional ponds are proposed. The developer would have to comply with all requirements of the Six Cities and Rice Creek Watershed Districts. Ms. Dacy stated that the Housing and Redevelopment Authority received the indirect source permit from the Minnesota Pollution Control Agency for control of the air quality and noise. One of the stipulations is that MEPC has to accept the transfer of this permit once they take ownership of the property. The next step in the process is for MEPC to carry out the marketing plan for the site. Ms. Dacy stated that staff is continuing to work on the improvement for the Highway 65 intersection. Mr. Dave Jellison, representing MEPC, stated that everything is proceeding well. There is a large user for the site needing 125,000 square feet with another 50,000 square feet over the initial four years. Two other companies are also considering this site. Mr. Jellison stated that they are having some difficulty marketing the service side of the property. Bcth Hampton Inns and Marriott Corp. like the visibility but feel there needs to be more development before they could proceed. This also holds true for the restaurant to proceed. Mr. Jellison stated that they are planning a large broker outing on July 18 centered around the Master Plan. He hopes to get over 100 real estate brokers at the site to familiarize them with the development. Mr. Ed Farr was present that evening to answer any questions about the architectural design. Councilwoman Bolkcom asked if there was any new information on the intersection improvements. Ms. Dacy stated that discussions have been initiated with the Minnesota Department of Transportation, and they have been brought up to date on MEPC's plan. It is hoped that construction can began within the next one to two years. MOTION by Councilman Billings to concur with the unanimous recommendation of the Planning Commission and approve the Master Plan for Lake Pointe Office Park by MEPC American Properties with the following stipulations: (1) appropriate plat applications shall be submitted and approved prior to development of the FRIDLEY CITY COUNCIL MEETING OF JUNE 24, 1996 PAGE 12 property; (2) all uses in the development shall comply with the following list of permitted uses: office uses typically associated with corporate/Class A office developments; hotel and conference facilities; banks/financial institutions; Class III restaurants as defined in Section 205.03.59 of the zoning code; day care facilities; and other uses as specifically approved by the City. Uses allowed in each individual building after construction will be the same or similar to those uses identified in this application. The City shall review and approve each use prior to occupancy; (3) detailed architectural plans of each building shall be submitted during the plat application process; or if a plat is not required, plans shall be submitted, reviewed, and approved by the City prior to issuance of a building permit. The type of materials used on the exterior walls shall be approved by the City; (4) a comprehensive sign plan shall be reviewed and approved by the City Council prior to issuance of the first building permit based on the plan dated March 29, 1996 and addressing the following issues: (a) wall signs (building identification and tenant signage) shall meet the wall sign requirements of the sign code; (b) no free-standing pylon signs are permit�ed; (c) height, width, illumination and type of all siqns shall be clearly identified; (d) two free-standing project identifier (D) signs are permitted; the size and height to be approved by the City Council; (e) all free-standing siqns shall be set back ten feet from property lines; and (f) the petitioner shall receive a sign permit prior to installation; (5) the petitioner shall work with the City in preparinc� transportation demand strategies to promote ride-sharing and transit use to the property; (6) twelve to fifteen foot light standards shall be installed along Bridgewater Drive adjacent to the residential area. Sodium high pressure lights shall be used for the parking lot. lights and street lights; (7) if the parking decks or parking areas are within the R-1, Single Family Dwelling zone, a special use permit must be obtained prior to issuance of a building permit; (8) if nine-foot wide parking spaces are to be proposed within the development, a special use permit as required by the S-2, Redevelopment District, must be obtained prior to issuance of a building permit; (9) appropriate permits from the Rice Creek Watershed District, Six Cities Watershed Management Organization, and the Minnesota Pollution Control Aaencv for storm water management and grading.; building permit. Detai. be submitted in conjur. permit applications for appropriate, MEPC shall Permit from the HRA; submitted in conjunc applications. Ten to along the north wall of shall be based on the irrigation plan shall a issuance; and (12) park of construction of the ,hall be obtained prior to the issuance of a ed engineering plans and calculations shall �tion with plat applications and building review and approval by the City; (10) when accept the transfer of the Indirect Source (11) detailed landscaping plans shall be tion with plat and building permit twelve foot evergreens shall be installed the parking deck. The detailed landscaping concept plan d�ted March 29, 1996. An _so be submitted at time of building permit fees shall be paid prior to the initiation first development on.the site. Easements FRIDLEY CITY COUNCIL MEETING OF JUNE 24, 1996 PAGE 13 shall be dedicated at the time of plan approval over the existing bikeway/walkway areas. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 20. RECEIVE BIDS AND AWARD CONTRACT FOR CONSTRUCTION OF WATER TREATMENT PLANT N0. 3, PROJECT NO. 293: Mr. Wilczek, Assistant Public Works Director, stated that four bids were received for this project, and the low bidder was Richmar Construc�ion at $1,507,485. The engineer's estimate for this project was $1,395,000, so the low bidder is $112,485 over the estimate. However, the project has changed since the original estimates were submitted. The budget for this project was based on an April, 1995 report from Meier Stewart and Associates. Mr. Wilczek stated that the difference in the actual bids and the estimate was probably due to several factors, including marginal soil borings and the cost for the electrical and instrumentation work. Even though the bids are higher than expected, he did not believe the City would receive any better bids. Councilwoman Bolkcom asked about the electrical and instrumentation work. Mr. Tom Roshar, Meier Stewart and Associates, stated that their estimates were not accurate on the costs for electrical and instrumentation work. The estimated cost prepared in May was low and should have been increased. Another likely cause for these higher costs is that the City has a SCADA system supplier that did a lot of work in the City, and the system is now expanding. He felt the bids for the electrical and instrumentation work were not as competitive as they should have been. Because of this vendors' existing equipment and past experience in the City, the other vendors may have been unable to provide competitive prices for the work. In addition, the vendor of the existing equipment may have had less incentive to reduce their prices. MOTION by Councilwoman Jorgenson to receive the bids for the construction of water treatment plant No. 3, Project No. 293: Richmar Construction, Inc., for $1,507,485; Sheehy Construction Company, Inc. for $1,558,141; Newmech Companies, Inc. for $1,566,800; and Stahl Construction Company for $1,934,999. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilwoman Jorgenson to award the contract for the construction of Fridley Water Treatment Plant No. 3, Project No. 293 to the low bidder, Richmar Construction, Inc. for $1, 507, 485. FRIDLEY CITY COUNCIL NIEETING OF JUNE 24, 1996 PAGE 14 Seconded by Councilwoman Bolkcom. Upon a voice vote, al1 voting aye, Mayor Nee declared the motion carried unanimously. Counci�woman Bolkcom asked Mr. Wilczek to explain the reasons for this project. Mr. Wilczek stated that the City is trying to provide the citizens with the highest quality water possible by installing this filter plant a� Well No. 12. During the winter months, the City can supply 100 percent filtered water which removes the manganese and iron. During the peak summer months, 90 percent of the water will be filtered. This is one of the major goals and objectives for the coming year. Mr. Burns, City Manager, stated that since installing the filter at Locke Park, there has been noticeable improvements in the water. This project will do the same for the east portion of th�e City. Mr. Wilczek stated that when the mains were flushed, the water was much clearer, and there have not been as many complaints. By increasing the filtered water, the citizens are well-served. 21. INFORMAL STATUS REPORTS: Mr. Burns, City Manager, stated that in the conference session he would like to discuss the Lake Pointe intersection improvements. Councilwoman Bolkcom asked for an update on the Stonybrook pro.ject and when the work would be completed. Mr. Wilczek stated that the rainy weather has caused delays for the contractor. There was a problem with a power pole. It was decided to extend the enclosed pipe by twelve feet so that the power pole could remain at the same location. Work will start on the project this week with installation of the pipe and finishing the wall. Sodding and seeding would not occur until �lugust. � ADJOURNMENT: MOTION by Councilwoman Jorgenson to adjourn the meeting. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of June 24, 1996 adjourned at 8:34 p.m. Respectfully submitted, Carole Haddad William J. Nee Secretary to the City Council Mayor t. �y . MEMO � To: Mr. Bill Burns, City Manager ,�I � Mr. Dave Sallman, Director of Public Safety From: Rose Griep Subject: Second Reading Ordinance #lOb Date: June 27, 1996 . Ordinance #106 - Emergency Management was submitted for its first reading on June 17, 1996. "' At that time it was approved. ' Attached is the Ordinance which has been reformatted for submission for the second reading. As always if you have any questions or need additional information, please feel free to contact me at extension 638. 1.01 �, ORDINANCE NO. 106 AN URDINANCE REPEALING CHAPTER 1Q6 OF THE FRIDLEY CITY CODE IN ITS ENTIRETY AND ADOPTING A NEW CHAPTER 106 ENTITLED KEMERGENCY MANAGEMENT" TI-� CITY COUNCII, OF TI� CITY OF FRIDLEY DOES ORDAIN AS FOLLOWS: Chapter 106 of the Fridley City Code is repealed in its entirety and replaced by a new Chapter 107. EMERGENCY MANAGEMENT which reads as follows: 106.01. POLICY AND PURPOSE Because of the existing and increasing possibility of the occurrence of disasters of unprecedented size and destructiveness resulting from, sabotage, or other hostile action, or from fire, flood, tornado or other natural causes, and in order to insure that preparations of the City will be adequate to deal with such disasters, and generally, to provide for the common defense and to protect the public peace, health, and safety, and to preserve the lives and properiy of the people of this City, it is hereby found and declared to be necessary: 1. To establish a local Emergency Management Organization. 2. To provide for the exercise of necessary powers during emergencies and disasters. - 3. To provide for the rendering of mutual aid between this City and other political subdivisions of this State and of other states with respect to carrying out of emergency preparedness functions. It is further declared to be the purpose of this Chapter and the policy of the City that all emergency preparedness functions of this City be coordinated to the maximum extent practicable with the comparable functions of the federal govemment, of this Staxe, and of other states and localities, and of private agencies of every type, to the end that the most effective preparations and use may be made of the nation's human-power, resources, and facilities for dealing with any disaster that may occur. 106.02. DEFINITIONS 1. Emergency Management. The preparation for and the canying out of all emergency functions, other than functions for which military forces are primarily responsible, to prevent, minimize and repair injury and damage resulting from disaster caused by sabotage, or other enemy hostile action, or from fire, flood, tornado or other natural causes, or from industrial hazardous material mishaps. These functions include, without limitation, fire-fighting, police services, emergency medical and health services, rescue, engineering, warning communications, r,atjiolagtCfl�, �emical evacuation congregate care, emergency transportation, existing •or properly assjgned �WUp� pf plant prot�tion, temporary 1.02 restoration of public utility services, and other functions related to civil protection, together with all other activities necessary or incidental to preparation for an carrying out of the foregoing functions. 2. Disaster. A situation which creates an immediate and serious impairment to the health and safety of any person, or a situation which has resulted in or is likely to result in catastrophic loss to property, and for which traditional sources of relief and assistance within the affected area are unable to repair or prevent the injury or loss. 3. Emergency. An unforseen combination of circumstances which ca11s for immediate action to prevent from developing or occurring. 4. Emergency Management-Forces. The total personnel resources engaged in city-level emergency management functions in accordance with the provisions of this resolution or any rule or order thereunder. This includes personnel from City departments, authorized volurneers, and private organizations and agencies. 5. Emergency Management Orgaaization The staff element responsible for coordinating city-level planning and preparation for disaster response. This organization provides City liaison and coordination with federal, state and local jurisdictions relative to disaster preparedness activities and assures implementation of federal and state program requirements. 106.03 ESTA��SHMENT OF AN EMERGENCY MANAGEMENT ORGANIZATION There is hereby created within the City govemment a Emergency Management Organization, which sha11 be under the supervision and control of a Director o�Emergency Management Director, hereinafter called the Director. The Director shall be appointed by the Mayor for an indefinite term and may be removed by the Mayor at any time. The D'uector shall receive a salary, as may be prescribed by the City Council, and any necessary eacpenses. The Director shall have the responsibility for the organization, administration and operation of the Emergency Management Organization, subject to the direction and control of the Mayor. The Emergency Management Organization sha11 be organized into such divisions and bureaus, consistent with the state and local emergency preparedness plans, as the Director deems necessary to provide for the efficient performance of local emergency management functions during an emergency. The Emergency Management Organization shall perform c.ivi�defense emergency management functions within the City and in addition shall conduct such functions outside the City as may be required pursuant to the provisions of the Mmriesota Civil Defense Act of 1951, as amended, or this Cha.pter. 1.03 106.04. POWERS AND DUTIES OF DIRECTOR 1. The Director, with the consent of the Mayor, sha11 represent the City on any regional or State organization dealing with emergency management. The Director shall develop proposed mutual aid agreements with other political subdivisions within or outside the State for reciprocal emergency management aid and assistance in an emergency too great to be dealt with unassisted, and shall present such agreements to the Council for its action. Such arrangements sha11 be � consistent with the State emergency plan and during an emergency, it shall be the duty of the Emergency Management Organization and emergency management forces to rencler assistance in accordance with the provisions of such mutual aid arrangements. Any mutual aid arrangement with a political subdivision of another state sha11 be subject to the approval of the Governor. 2. The Director shall make such studies and surveys of manpower to determine the Emergency Management Organization's adequacy for emergency management and to plan for its most efficient use in time of an emergency. 3. The Director shall prepare a comprehensive emergency plan for the ernergency preparedness of the City and shall present such plan to the Council for its approval. When the Council has approved the plan by resolution, it sha11 be the duty of all municipa] agencies and a11 emergency mana.gement forces of the City to perform the duties and functions assigned by the plans as approved. The plan may be modified in like manner from time to time. The Director shall coordinate the emergency preparedness activities of the City to the end that they shall be consistent and fully integrated with the emergency plan of the federal government and the State and correlated with the emergency plans of other political subdivisions within the State. 4. In accordance with the State and City emergency plan, the Director shall institute such training programs and public information programs and shall take all other preparatory steps including the partial or full mobilization of emergency management forces in advance of actual disaster, as may be necessary to prompt and effective operation of the City emergency plan in time of an emergency. The Director may, from time to time, conduct such practice drills or other emergency preparedness exercises as are deemed necessary to assure prompt and effective operation of the City Emergency Plan when disaster occurs. 5. The Director shall utilize the personnel, equipment, supplies and facilities of existing departments and agencies of the city to the maximum extent practicable. The officers and personnel of a11 such departments and agencies shall, to the maximum e�ent practicable, cooperate with and extend such services and facilities to the Emergency Management Organization and to the Governor upon request. The head of each department and agency, in cooperation with and under the direction of the Director, shall be responsible for the planning and programming of such emergency prepared activities as will involve the utilization of the facilities of their department or agency. 6. The Director shall, in cooperation with existing City department and agencies affected, organize, recruit, and train emergency management personnel that may be required on a volunteer 1.04. basis to carry out the emergency plans of the City and the State. To the extent that such emergency personnel is recruited to augment a regular City department or agency for emergencies, they shall be assigned to such department or agency for purposes of administration and command. The Director may dismiss any emergency volunteer at any time and require that person to surrender any equipment and identification furnished by the City. 7. Consistent with the emergency plan, the Director sha.11 coordinate the activity of city emergency management organizations with the city and assist in establishing and conducting training programs as required to assure emergency operational capability in the several services (M'innesota Statutes, Chapter 12, 12.25) 8. The Director shall carry out all orders, rules and regulations issued by the Govemor with reference to emergency management. 9. The Director shall direct and coordinate the general operations of all emergencies in conformity with controlling regulations and instructions of State emergency management authorities. The heads of departmeirts and agencies shall be governed by the Director's orders in respect thereta 10. Consistent with the emergeacy plan, the Director shall provide and equip at some suitable place in the City a control cemer and, if required by the State emergency plan, an anxiliary comrol center to be used during an emergency as headquarters for direction and coordination of emergency management forces. The director shall arrange for representation at the control center by municipal departments and agencies, public utilities and other agencies, authorized by federal or State authority, to carry on activities during an eanergency. The Director shall arrange for the installation at the control center of necessary facilities for communication with and between heads of emergency management divisions, stations and operating units of municipal services, othcr agencies concerned with emergency management, other communities and control centers within the surrounding area and with the federal and State agencies eoncerned. 11. During the first thirty (30) days of an emergency, if the legislature is in session, or the Governor has coupled his or her declaration of the emergency with a call for a special session of the legislature, the Director may, when nec,�ssary to save life or property, require any person,• except members of the federal or state military forces and officers of the State or any other , political subdivisions, to perform services for emergency management purposes and may commandeer, for the time being, any motor vehicles, tools, appliances or any other property, subject to the owner's right to just compensation as provided by law. 12. The director shall prepare and submit such reports on emergency preparedness activities as may be requested by the City Council. 106.OS.EMERGENCY PREPAREDNESS WORKERS 1.05 1.Emergency management volunteers shall be called into service only in case of an emergency for which the regular municipal forces are inadequate or for necessary training and preparation for such emergencies. All volunteers shall serve without compensation. 2. Each emergency management votunteer shalt be provided with such suitable insignia or other identification as may be required by the Director. Such identification sha11 be in a form and style approved by the federal government. No volunteer shall exercise any authority over the persons or property of others without displaying his or her identification. No person, except an authorized volunteer, shall use the identification of a volunteer or otherwise represent himself or herself to �ie an authorized volunteer. .3. No emergency management volunteer shall carry any firearm while on duty except on written order of the Administrative Head of Police Department. .4. Personnel procedures of the City applicable to regular employees shall not apply to volunteer emergency management workers, but shall apply to paid employees of the Emergency Management Organization. 106.06 LOCAL EMERGENCIES 1. A local emergency may be declared only the by Mayor of the city or their legal successors. It shall not be continued for a period in excess of three days except by or with the consent of the city council. Any order, or proclamation declaring, continuing or terminating a local emergency shall be given prompt and general publicity and shall be filed promptly by the City C1erkJRecords Coord'uiator. _ 2. A declaration of a local emergency shall invoke necessary portions of the response and recovery aspects of applicable local or interjurisdictional disaster plans, and my authorize aid and assistance thereunder. 3. Subdivision 3. No jurisdictional agency or official may declare a local emergency unless expressly authorized by the agreement under which the agency functions. However, an inter- jurisdictional disaster agency shall provide aid and services in accordance with the agreement under which it functions. 106.07. EMERGENCY REGULATIONS 1. Whenever necessary to meet a declared emergency or to prepare for such emergency for which adequate regulations have not been adopted by the Governor or by the City Council, the Mayor may by proclamation, promulgate regulations consistent with applicable federal or State law or regulation, respecting: the conduct of persons and the use of property during emergencies; the repair, maintenance, and safeguarding of essential public servaices; emergency health, fire and 1.06 safety regulations; drills, or practice periods required for preliminary training; and all other matters which are required to protect public safety, health, and welfare in emergencies. 2. Every resolution of emergency regulations shall be in writing, signed by the Mayor, dated, refer to the particular emergency to which it pertains, if so limited, and be filed in the office of the City Clerk where a copy shall be kept posted and available for public inspection during business hours. Notice of the existence of such regulation and its availability for inspection at the Clerk's office sha11 be conspicuously posted at the front of the City Hall or the headquarters of the City and at such other places in the affected area as the Mayor shall designate in the proclamation. Thereupon the regulation shall take effect immediately or at such later time as may be specified in the proclamation. By like proclamation, the Mayor may modify or rescind any such regulation. 3. The City Council may rescind any such regulation by resolution at any time. Every such • regulation sha11 expire at the end of thirty(30) days after its effective date or at the end of the emergency to which it relates, which ever occurs first. Any ordinance or regulation inconsistent with an emergency regulation promulgated by the Mayor shall be suspended during ihe period of time to the extent that such conflict exists. , 4. During a declared emergency, the City is, notwithstanding any statutory or charter provision to the contrary, empowered through its governing body acting within or without the corporate limits of the City, to enter into contracts and incur ohligations necessary to combat such disaster by protecting the health and safety of persons and property, providing emergency assistance to victims of such disaster. The City may exercise such powers in the light of the exigencies of the disaster without compliance with time-consuming procedures and formalities, prescribed by law pertaining to the performance of public work, entering into contracts, incurring of obligations, employment of temporary workers, rental of equipment, purchase of supplies and materials limitations upon tax levies, and the appropriation and expenditure of public funds, for example, but not limited to, publication of ordinances and resolutions, publication of calls for bids, provisions of personnel laws and rules, provisions relating to low bids, and requirements for budgets. 106 08 PROCEDURE 1. There is hereby established an account in the general fund to be known as the Emergency Management Account. Into this fund shall be placed the proceeds of taxes levied for emergency management, money transferred from other accounts, gifts and other revenues of the Emergency Management Organization. From such account, expenditures shall be made for the operation and maintenance of the Emergency Management Organization and other expenditures for emergency preparedness. Regular accounting disbursement, purchasing, budgeting and other financial procedures of the City sha11 apply to the Emergency Management Organization insofar as practicable, but budgeting requirements and other financial procedures sha11 not apply to expenditures frorri the account in any case when their application will prevent compliance with terms and conditions of a federal or state grant of money or property for emergency preparedness 1.07 purposes. 2. The Director shall, as soon as possible after the end of each fiscal year, prepare and present to the City Council for the information of the Council and the public, a comprehensive report of the activities of the Emergency Preparedness Organization during the year. 106.09. CONFORMITY OF COOPERATION Every officer and agent of the City shall cooperate with the federal and state authorities and with authorized agencies engaged in emergency measures to the fullest possible extent consistent with the performance of their other duties. The provisions of this Chapter and of all regulations made thereunder sha11 be subject to all applicable and controlling provisions of federal and State laws and of regulations and orders issued thereunder and shall be deemed to be suspended and inoperative so far as there is any conflict therewith. The Public Safety Director may appoint any qualified person holding a position in any agency created under federal or State authority for emergency purposes as a special police officer of the City, with such police powers and dutiec within the City incident to the functions of that person's position, not exceeding those of a regular police officer of the City, as may be prescribed in the appointment. Every such special police officer shall be subject to the supervision and control of the Public Safety Director and such police officers of the City as are designated. 106.10 GOVERNMENTAL FIJNCTION 1, All functions hereunder and all other activities relating to emergency management are hereby declared to be governmental functions. The City and, except in cases of willfut misconduct, its officers, agent, employees, or representatives engaged in any emergency activities, while complying with or attempting to comply with the Minnesota Civil Defense Act of 1951 as amended (Nlinn. Stats. 12.01 to 12.46) or with this Chapter or any rule, regulation or order made hereunder, shall not be liable for the death of or any injury to persons or damage to property as a result of such activity. 2. The provisions of this Section shall not affect the right of any person to receive benefits to which that person would otherwise be entitled under this Chapter or under Worker's Compensation Law, or under any pension law, nor the right of any such person to receive any benefits or compensation under any act of Congress. 106.11 POLITICAL PARTICIPATION The Emergency Management Organization shall not participate in any form of political activity nor shall it be employed directly or indirectly for political purposes, not shall it be employed in a legitimate labor dispute. 106.12 PENALTIES 1.08 Any violation of this chapter is a misdemeanor and is subject to a11 penalties provided for such violations under the provisions of Chapter 901 of this code. PASSED AND ADOPTED BY THE CITY COUNCII, OF THE CITY OF FRIDLEY THIS DAY OF , 1996. ATTEST: BILL CHAMPA - CITY CLERK First Reading: June 17, 1996 Second Reading: Publication: WII,LIAM J. NEE - MAYOR 1.09 MEMORANDUM DEVELOPMENT DIRECTOR DATE: June 28, 1996 TO: William Bums, City Manager �t� � FROM: Barbara Dacy, Community Development Director SUBJECT: Second Reading of an Ordinance Vacating an Easement in � the Southwest Quadrant Project Area; SAV #95-02, by Rottlund Homes The public hearing vacating the 30' x 220' utility e�asement was conducted on June 10, 1996. The frrst reading of the ordinance was approved by the City Council on June 24, 1996. Second and final reading of the ordinance is now proposed. The titte company has reviewed the ordinance, and has verified its accuracy. Adoption of this item will conclude the title work for the project. Recommendation Staff recommends that the City Council approve second and final reading of the ordinance and order its publication. BD/dw M-96-306 2.01 ORDINANCE NO. AN ORDINANCB IINDER SECTION 12.07 OF THB CITY CHARTER TO VACATE STREET3 AND ALLEYS AND TO AMEND APPENDI% C OF THE CITY CODE The City Council of the City of Fridley does hereby ordain as follows: SECTION 1. To vacate public easements described as follows: South one-half (1/2) of vacated 64 1/2 Avenue N.E. lying north of Lot One, Block One, Sylvan Hills Plat Five, Section 14, Township 30, Range 24, Anoka County, Minnesota, and now platted as Christenson Crossing. Be and is hereby vacated. SECTION 2. The said vacation has been made in conformance with Minnesota Statutes and pursuant to Section 12.07 of the City Charter and Appendix C of the City Code shall be so amended. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1996. WILLIAM J. NEE - MAYOR ATTEST: WILLIAM A. CHAMPA, CITY CLERK Public Hearing: June 10, 1996 First Reading: June 24, 1996 Second Reading: Publication: 2.02 ' Q� CITY OF FRIDLEY PLANNING COMMISSION MEETING, JUNE 19, 1996 CA�I TO ORDER: Chairperson Savage called the June 19, 1996, Planning Commission meeting to order at 7:30 p.m. ROLL CALL: Members Present: Diane Savage, Brad Sielaf#, David Kondrick, Leroy Oquist, Dean Saba, Members Absent: Connie Modig Others Present: Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant Kurt Schneider, Planning Assistant Yung Nguven, 7300 East River Road Dat Tran, 7300 East River Road APPROVAL OF AGENDA: Chairperson Savage indicated that due to the request of the MOTION by Mr. Kondrick, seconded by Mr. Oquist, to approve the agenda as written. UPON VOICE VOTE, ALL VOTING AYE, CHAIR PERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. APPROVE HUMAN RESOURCES COMMISSION'S RECOMMENDATION FOR THE ALLOCATION OF HUMAN SERVICE CDBG MONEY: Michele McPherson introduced Kurt Jensen-Schneider, Planni�g Assistant. Mr. Jensen-Schneider made a brief presentation regarding the Human Resources Commission's CDBG process. Mr. Jensen-Schneider indicated that the Human Resources Commission had interviewed each of the applicants who had submitted applications for this year's CDBG Human Service allocations. Mr. Jei�sen-Schneider stated that the amount of money requested by the applicants exceeded $65,000, and that the City of Fridley had $30,000 to allocate. He stated that 9 of 14 organizations were recommended for funding by the Human Resources Commission. 3.01 P�ANNING COMMISSION MEETING JUNE 19 1996 PAGE 2 Mr. Jensen-Schneider stated the criteria used by the Human Resources Commission to determine which organizations will be funded include: Is the organization new or expanding? What are the organizational needs? What does the program do locally for Fridley residents? What is the program quality? Where does the CDBG allocation fit in the o�ganization's budget? Mr. Oquist stated that the Commission had one other criteria to consider this year, and that was that they allocate funds in $2,500 increments. The City had determined, based on County guidelines, that each organization granted funds would receive a minimum of $2,500. He stated the Anoka County Senior Outreach Program and the Senior Companion Program each received $2,500 in funding. He stated that in the past, the Human Resources Commission has expressed concern about funding these two organizations and wondered whether or not the City should be funding these two organizations through its general funds as opposed to utilizing CDBG dollars. Mr. Oquist commented on the two new organizations receiving funding this year, the Nucleus Clinic and A Blanket of Hope. He also talked about the City of Fridley's Recreation program that is designec! to provide scholarship funds for programs where individuals cannot afford the entry fees and the City is unable to waive the entry fees due to program costs. Mr. Saba stated the Human Resources Commission has a difficult job, and he believed the Human Resources Commission does an excellent job in allocating funds through its. recommendations. Mr. Oquist stated that A Blanket of Hope is a program that tries to get people back on their feet. The organization has a large emphasis on buying sewing machines, and this came through in the application. The organization plans to do a great deal of sewing in providing clothing for individuals working to get back into the work force and back on their feet. Mr. Oquist stated the Nucleus Clinic is an organization designed to support unwed mothers. The organization helps through training, teaching, family planning, and providing an atmosphere that is comfortable for the individuals in need. Ms. Savage stated she was concerned that the Alexandra House did not have anyone present at the meeting to speak for the organization. She was concerned because she believed this is a very important organization and its emphasis on domestic assault is very important due to the fact that domestic assault is on the rise and this is #he only organization designed specifically to help women who have been placed in situations where there has been domestic abuse. 3.02 PLANNING COMMISSION MEETING JUNE 19, 1996 PAGE 3 Mr. Oquist stated that Alexandra House did not receive funding because its application was really for subsidies to the organization's salaries. The Human Resources Commission believed there were other sources available to assist this organization with its funding needs. He stated the organization does have a rather large budget, and the Human Resources Commission did not believe that not funding the organization this year would have an enormous impact on its ability to continue. Ms. Savage also indicated a concern that the Banfill Center for the Arts was also not funded this year. She stated the City of Fridley does not have many opportunities for the arts and other cultural activities. Therefore, she believed the Banfill Center for the Arts is an important organization and should have received funds. Mr. Oquist stated that in the Banfill Center for the Arts' application, it was not clear who receives the benefit of the funds. He stated he did not believe the art program fit the funding criteria the Human Resources Commission uses. He stated that the amount of funds the Human Resources Commission has to allocate is limited, and funding the number of organizations that apply does become difficult. Ms. Savage asked for additional information on the St. Philips Lutheran Church program. Mr. Oquist stated that St. Fhilips Lutheran Church has had a wonderfully successful program and is now expanding that program to Saturdays and summer activities. Mr. Saba stated he has heard this program is doing very well and is a very impressive program. " Mr. Oquist stated that last year, 2,400 students were served by the program. He believed the Human Resources Commission only allocated $2,500 to that organization last year. This year, the Church came in with new things for kids to do. The fact that the Church plans on picking up children from other schools, regardless of what schooi or church, is an impressive feature of the program. Ms. Savage stated she needed clarification as to what is the role of the Planning Commission. She still has concerns about the Banfill Center for the Arts as an important community entity, and she believed that funding should have been available to this organization. Mr. Oquist stated that the Human Resources Commission really must take a look at the funding package as a whole. Personally, he was more concerned about not funding Tamarisk. He stated that in the past, they have funded Tamarisk. It is a wonderful program worthy of funds; however, it was not funded this year. Mr. Saba stated that the number of organization asking for funds would make it extremely difficult for a commission to determine who is worthy and who is not. 3.03 PLi4NN1NG COMMISSION MEETING JUNE 19 1996 PAGE 4 Mr. Oquist stated that he believed a program like the Bar,fill Center fo� the Arts should be affiliated with the County and funded accordingly. Mr. Kondrick stated that each year, the Human Resources Commission must agonize over the funds to be given to many very worthy organizations. His hat goes off to this Commission for doing a great job with its recommendations. Mr. Sielaff stated that he needed additional clarification for the criteria used to determine funding allocations. He also believed that in that criteria, heavier emphasis should be placed on those programs where the citizens of Fridley are truly being served as opposed to his view that some of the organizations that made applications were from outside the Fridley area and may not serve Fridley residents. Mr. Oquist stated he was surprised at how many Fridley residents are actually served by these organizations that make applications. Although the organization itself may be outside the City, the people being helped by the organizations are very often Fridley residents. Mr. Sielaff reiterated his interest in additional information in the future about how many Fridley residents are being served by a program. A general discussion ensued regarding the funding. MOTION by Mr. Kondrick, seconded by Mr. Oquist, to approve the Human Resources Commission's recommendations for 1996-97 CDBG Human Service funds. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT, SP #96- '! 2, BY DAT TRAN: Per Section 205.07.01.C.(1) of the Fridley City Code, to allow accessory buildings other than the first accessory building, over 240 square feet, on Lot 3, Chesney Acres, generally located af 7300 Easf River Road. MOTION by Mr. Kondrick, seconded by Mr. Saba, to waive the reading of the notice and open the public hearing. UPON A VOlCE VOTE, ALL V�T1NG AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:50 P.M. Ms. McPherson stated that the speciat use permif request was to allow consiruction of a second garage at 7300 East River Road. The subject parcel is located at the intersection of Chesney Way and East River Road. Chesney Way is a dead-end street containing three dwellings. It is located south of Osborne Road. 3.04 PLANNING COMMfSS10N MEETING JUNE 19 1996 PAGE 5 Ms. McPherson stated that located on the subject pa�cel is a single family dwelling unit and an existing 20'x22' detached garage with the doors facing Chesney Way. The petitioner is proposing to constnact a 24'x26' detached garage to the rear of the dwelling unit. The petitioner proposes to maintain the existing garage as well as the hardsurface parking area located adjacent to the dwelling. Ms. McPherson stated that if the request was approved, there would be three curb cuts from the property onto Chesney Way. The Engineering Department prefers to limit the number of access points to the property, and would like to see them consolidated into one. An alternative the petitioner could pursue would be to construct one large garage and remove the existing garage and parking area. This would be especially beneficial as there is no setback from Chesney Way to the existing garage. Ms. McPherson stated that staff recommends that the Planning Commission recommend denial of the request to the City Council. Staff recommends that one garage would be a preferred altemative. Ms. Savage asked if any of the neighbors called regarding the request. Ms. McPherson s�ated she had received two phone calls regarding the request. She stated that neither caller expressed any concems with the request. None of #he property owners on Chesney Way called regarding the request. Mr. Sielaff asked if staff was recommending denia! because there should only be one access to the street? Ms. McPherson stated that was corre�t. Ms. McPhe�son clarified the access to the existing driveway. Mr. Oquist asked about the parking area adjacent to the existing garage. Ms. Savage asked if there were specific criteria that needed to be evaluated for this type of special use permit request. Ms. McPherson stated that there are no criteria specific to second accessory special use permit requests, however, the City has the discretion to look at traffic, impacts to adjacent prope�ties, access, etc. Ms. Savage asked if the petitioner would need a variance. Ms. McPherson stated no, not for the request as it is cunently presented. Mr. Saba asked how close the existing garage was to the street? 3,05 PLANNING COMMISSION MEETING JUNE 19 1996 PAGE 6 Ms. McPherson stated approximately one to two feet. Ms. Savage stated that the petitioner wanted to keep the first garage. She asked if a variance was needed for the request. Ms. McPherson stated that the request met the setback requirements. Mr. Kondrick asked what could be done about the existing garage. Ms. McPherson stated nothing, it was nonconforming, but until it is damaged to more than 50% of its value, the City does not have the authority to remove it. Dat Tran, petitioner, stepped to the podium. Ms. Savage asked the petitioner how he felt about staffs alternative to combine the two garages into one? Mr. Tran stated that if the existing garage was removed, the family would lose the privacy on that side of the house. He stated there is a bathroom and bedroom on that side of the dweiling. Mr. FCondrick asked if that was the front of the house. Mr. Tran stated that was the side. iVlr. Kondrick asked what the distance was between the house and the street on that side? Ms. McPherson stated 25-30 feet. Mr. Tran stated the distance between the house and garage was about three feet. Ms. Savage asked which house would have an impact on the family's privacy? Mr. Tran stated the house to the north. Mr. Oquist stated that if the garage was removed, #he privacy issue would be similar to every other house in the City. Ms. Savage stated there were only three properties on the street. Mr. Tran asked if he could get a permit to build a new garage addition attached to the old one? Ms. McPherson stated that that request would require a variance approvat as the 3.06 PLANNING COMMISSION MEETING JUNE 19 1996 PAGE 7 garage is too close to the street. Mr. Kondrick asked when the garage was built. Ms. McPherson stated 1961. There is no record of when the dwelling was built. The property was platted in 1961. Ms. Savage stated that the existing garage was a two-car garage. Is it smaller than a typical two-car garage? Ms. McPherson stated yes, typical two-car garages are 24 feet by 24 feet. Ms. Savage asked the Mr. Tran why he needed the extra garage space? Mr. Tran stated that opposed to building just a shed, he felt that a garage with a long driveway would provide more space. The family has six cars. Adding on to the exisitng garage would be a problem because of the snow in the winter. Mr. Oquist stated that building a new garage was a good idea, but the problem facing the Commission was the access points on the property. lf the existing garage coutd be removed, it would consolidate the property. Ms. Savage asked about the hardsurface parking area. Mr. Tran stated that it was there when the family purchased ihe house. He stated the rear yard does not get used very much. Mr. Saba asked if the petitioner could remove the hardsurface parking area since ihe new garage is proposed to have a new driveway? This would eliminate one of #he access points. Mr. Tran stated he woufd have to discuss it with the rest of the family. Mr. Oquist asked if the existing garage was used? Mr. Tran stated yes. He stated that there is not enough room to park all of their cars, so one of the cars must be parked on the street. Mr. Saba asked how staff would feel about the request if the hardsurface parking area was removed? Ms. McPherson stated that if the parking area was removed, it would reduce the number of access points to two, which is consistent with previously granted requests. Ms. Savage stated that the problem was the three access points. 3.07 PLANNlNG COMMlSSlON MEETING, JUNE 19. 1996 PAGE 8 Mr. Saba stated that the City tries to make requests consistent �,vith each other. The Commission would like to see one of the access points removed. He would be willing to approve the request if the parking area was removed. Mr. Tran asked if he would be permitted to attach the new garage to the old garage. Mr. Oquist stated that the City would have a problem with a garage that close to the street. Ms. McPherson stated that a variance would be required, and that it probably would not be approved as it was outside of what had been previously granted. Mr. Oquist stated that aesthetically, the addition to the existing garage would become a very long oppressive building. Mr. Oquist stated that he liked the proposal; he would prefer to have the existing garage removed, but he could understand the petitioner's position. Mr. Saba asked the petitioner if the Commission could table the item until the ne�ct meeting to allow him to evaluate removing the parking area to reduce the number of access points? Ms. Savage asked staff if they would oppose the request if the parking area was removed? Ms. McPherson stated that the Engineering Department still has a problem with the setback of the original garage, but two access points is consistent with what has been approved previously. Mr. Tran agreed to the tabiing of the item. MOTION by Mr. Saba, seconded by Mr. Oquist, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:15 P.M. MOTION by Mr. Saba, seconded by Mr. Sielaff, to table special use permit request SP #96-12 until the July 10, 1996 meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. RECEIVE THE MINUTES OF THE PARKS AND RECREATION COMMISSION _ MEETING OF MAY 6, 1996. 3.0 8 PLANNING COMMISSION MEETiNG. JUNE 19. 1996 PAGE 9 MOTION, by Mr. Kondrick, seconded by Mr. Saba, to receive the minutes of the Parks and Recreation Commission meeting of May 6, 1996. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. RECEIVE THE MINUTES OF THE HOUSiNG AND REDEVELOPMENT AUTHORITY MEETING OF MAY 9, 1996. MOTION, by Mr. Saba, seconded by Mr. Oquist, to receive the minutes of the Housing and Redevelopment Authority meeting of May 9, 19�. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 5. RECEIVE THE MINUTES OF THE SPECIAI. HUMAN RESOURCES COMMISSION MEETING OF MAY 16. 1996 MOTION, by Mr. Oquist, seconded by Mr. Saba, to receive the minutes of the Special Human Resources Commission meeting of May '16, 1996. UPON A V�ICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVACE DECLARED THE MOTION CARRIED UNANIMOUSLY. 6. RECEIVE THE MINUTES OF THE ENVIRONMENTAL QUALITY AND ENERGY COMMISSION MEETING OF JUNE 4 1996. MOTION, by Mr. Sielaff, seconded by Mr. Saba, to receive the minutes of the Environmental Quality and Energy Commission meeting of June 4, 1996. ADJOURNMENT: MOTION, by Mr. Kondrick, seconded by Mr. Oquist, to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE JUNE 19, 1996 PLANNING COMMISSION MEETING ADJOURNED AT 8:20 P.M. Respectfully submitted, LG�c�q Mi ele McPhe son Pla ning Assistant 3.09 MEMOI�:ANDUM DEVELOPMENT DIRECTOR DATE: July 1, 1996 . TO: William Bums, City Manager � �t� FROM: Barbara Dacy, Community Development Director SUBJECT: Resolution Establishing a Public Hearing for July 22, 1996 to Modiiy the Redevelopment Plan to Add an Additionai Parcel in the Redevelopment Project Area At the June 13, 1996 HRA meeting, the HRA passed a motion requesting staff to pursue an amendment to the City's cedevelopment plan and project area to include a 3.69 acre site located at 5346 Industrial Boulevard N.E. in order for the HRA to assist Wallboard, Inc. with a loan/second mortgage. According to State law, in order to add a parce! to the redevelopment project area, the City Council must conduct a hearing prior to adopting a resotution. A tax increment financing district is not propos�l. Staff recommends that the City Council establish July 22, 1996 as the date of the public hearing. BD/dw M-96-299 4.01 RESOLUTION NO. A RESOLUTION CALI,ING FOR A PUBLIC HEARING ON THE MODIFICATION OF THE REDEVELOPMENT PLAN FOR REDEVELOPMENT PROuECT NO. 1 P.ND THE TAX INCREMENT FINANCING PLANS FOR TAX INCREMENT FINANCING DISTRICTS NOS. 1- 3, 6, 7, 9- 14 BE IT RESOLVED by the City Council (the "Council"} of the City of Fridley, Minnesota (the "City"), as follows: Section 1. Public Hearinq. 1.01. This Council shall meet on July 22, 1996 commencing at 7:30 o`clock p.m. at City Hall, 6431 University Avenue N.E., Fridley, Minnesota, to hold a public hearing on the following matters: (a) modification of the Redevelopment Plan for Redevelopment Project No. 1(the "Project Area") to reflect increased geographic area and increased project costs within the Project Area, pursuant to and in accordance with Minnesota Statutes, Sections 469.001 to 469.047, inclusive, as amended and supplemented from time to time; and, (b) modification of the Tax Increment Financing Plans for Tax Increment Financing Districts Nos. 1- 3, 6, 7, 9- 14 to reflect increased project costs within the Project Area, pursuant to Minnesota Statutes, Section 469.174 through 469.179, inclusive, as amended and supplemented from time to time; Section 2. Notice of Hearinct; Filincr of Plans. 2.01. The City Clerk is authorized and directed to cause notice of the public hearing, substantially in the form attached hereto as Exhibit A, to be published as required by law, to place a copy of the Redevelopment Plan and the Tax Increment Financing Plans {collectively the "Plans") on file in the City Clerk's affice and to make such Plans available for inspection by the public. PASSED AND ADOPTED BY THE COUNCIL OF THE CITY THIS DAY OF , 199 . ATTEST: WILLIAM CHAMPA - CITY CLERK WILLIAM J. NEE - MAYOR CERTIFICATION I, William Champa, the duly qualified Clerk of the City of Fridley, County of Anoka, Minnesota, hereby certify that the foregoing is a true and correct copy of Resolution No. passed by the City Council on the day of _ , 199_ . WILLIAM CHAMPA - CITY CLERK 4.02 EXHIBIT A NOTICE OF PUBLIC HEARING CITY OF FRIDLEY COUNTY OF ANOKA STATE OF MINNESOTA NOTICE IS HEREBY GIVEN THAT the City Council (the "Council") of the City of Fridley, Minnesota, will hold a public hearing on Monday, July 22, 1996 at 7:30 0' clock p.m. , to be held at the Fridley, City Hall, 6431 University Avenue N.E., Fridley, Minnesota, relating to the approval and adoption of a Modified Redevelopment Plan for Redevelopment Project No. 1(the "Project Area") to reflect increased geographic area and increased project costs within the Project Area, pursuant to Minnesota Statutes, Sections 469.001 to 469.074, inclusive. The hearing is also relative to the approval and adoption of Modified Tax Increment Financing Plans for Tax Increment Financing Districts Nos. 1- 3, 6, ?, 9- 14 to reflect increased project costs within _the Project Area, pursuant to Minnesota Statutes, Sections 469.174 to 469.179, inclusive. Copies of the documentation relating to the above proposed actions will be on file and available for public inspection in the City Clerk's of f ice . The additional property proposed to be included in the Project Area is described below and illustrated on the attached map: 22-30-24-43-0008 Lot l, Block 7, Great Northern Industrial Center and 22-30-24-43-0019 Outlot D, Great Northern Industrial Center All interested persons may appear at the hearing and present their views orally or in writing. BY ORDER OF THE CITY COUNCIL /s/ William Burns City Manager (attach map) !��I�? � � CTTY OF FRIDLEY ELECTRICAL Royalton Heating & Cooling 4120 85 Ave N Brooklyn Park MN 55443 LICENSES Tom Stewart GENERAL CONTRACTOR-COMMERCIAL Minco Castle Windows Inc 5231 15 Ave S Minneapolis MN 55417 Bob O'Brien GENERAL CONTRACTOR-RESIDENTIAL Marinaro Jim Construction (20023644) 1007 Montclair Ave Mounds View MN 55112 James Marinaro Rick's Roofmg & Siding(3566) 77 2 St SE New Brighton MN 55112 Richard Longnecker Roof Design Partners LI,C {20004817) 4026 7 St NE Columbia Heights MN 55421 Steven Lutz Rottlund Homes (1335) 2681 Long Lake Rd Roseville MN 55113 Uptown Construction Inc (6493) 14280 Jodi Dr . Rogers MN 55374 HEATING Peterson & Pinney Inc 4151 Coon Rapids Blvd Coon Rapids MN 55433 PLUMBING Backdahl & Olson PlbglHtg Co 3157 Chicago Ave S Minneapolis MN 55407 Michael Swanson Katherine Neiber Ray Turnquist Rich Olson �.�2 STATE OF MINN RON JULKOWSHI Chief Bldg Ofcl STATE OF MINN Same Same Same Same RON 7ULKOWSKI Chief Bldg Ofcl STATE OF MINN Metro Utilities Inc 3025 Harbor Ln STE 221 Plymouth MN 55447 WRECKING Action Construction Inc 18140 Fenway Ave N Forest Lake MN 55025 David Johnson Robert Korf 6,03 Same RON JULKOWSKI Chief Bldg Ofcl CITY 'OF FRIDLEY PROJECT SUM DESCRIPTION OF REQUEST: The petitioner requests that all of Vneland Addition and Lot 12, Shorewood Addition, be replatted into a new plat, entitled 'Tigerland Addition". The purpose of the request is to allow transfer of land containing City facilities to City ownership. All of the property proposed to be platted is currently owned by Independent School District #14. SUMMARY OF ISSUES: The School District and City, through a variety of operating agreements, have since 1957 agreec9 to jointly use the subject parcel for a variety of uses. When Anoka Courriy imposed a solid waste fee on parcels in the Courrty, it prompted a review of all City properties to determine which sites would be affected by the solid waste fee. It was deterrnined that City and School District properties needed to be exchanged. The proposed plat defines lots based on uses on the property. There are 13 lots in total within the proposed Tiger{and Addition. The property is currently zoned both P, Public, and R-1, Singie Family Dwelling. RECOMMENDATION: Staff recommends that the Planning Commission recommend approval of the proposed plat of Tigerland Addition. PLANNING COMMISSION ACTION: The Planning Commission voted unanimously to recommend approval of the request to the City CounciL CITY COUNCIL RECOMMENDATION: Staff recommends that the City Council conduct the required public hearing. Staff Report P.S. #96-01, by I SD #14 Page 2 PROJECT DETAILS Petition For. A replat of property within Vneland Addition. Location 61 st Avenue and 7th Street of Property: Legal Description Blocks 1- 3, Vneland Addition and Lot 12, Block 2, of Property: Shorewood Additi�on. Size: 2,545,427.00 square feet; 59.44 acres Topography: Existing Vegetation: Existing Zoning/Piatting: Availability of Municipal Utilities: Vehicular Access: Pedestrian Access: Engineering Issues: Site Planning Issues: Mostiy flat Typical suburban; sod, trees, shrubs, etc. R-1, Single Family Dwelling; Yneland Addi�on 1886 Connected 61 st Avenue and 7th Street 61 st Avenue and 7th Street sidewalks Provide access to municipal water suppiy facilities 8.�2 Staff Report P.S. #96-01, by ISD #14 Page 3 ADJACENT SITES WEST: SOUTH: EAST: NORTH: Comprehensive Planning Issues: Pubfic Hearing Comments: REQUEST Zoning: R-1, Single Family Dwelling Zoning: R-1, Single Family Dwelling Zoning: R-1, Single Family Dwelling Zoning: R-1, Single Family Dwelling Land Use: Residential Land Use: Residential Land Use: Residential Land Use: Residerrtial No one from the public spoke regarding the request. The petitioner requests that all of Vneland Addition and Lot 12, Shorewood Addition, be replatted into a new plat, entit�ed �Tigerland Addition". The purpose of the request is to allow transfer of land containing Ciiy facil'rties to Ciiy ownecship. All of the property proposed to be platted is currently owned by Independent School Distriict #14. PARCEL DESCRIPTION AND HISTORY The subject parcel proposed to be platted is located at the northeast comer of the intersection of 7th Street and 61 st Avenue. The property is bounded by 7th Street on the west, 61 st Avenue on the south, 63rd Avenue on the north, and Jackson Street and the west shore of Moore Lake on the east. The School District originally acquired the property through tax forfeiture and dedication by resident Carl Sorenson. The School District has had ownership of the subject property since 1955. In 1957, the first of several agreements ou�ining joint use and exchange of property between the City of Fridley and School District #14 was drafted. Subsequent to the 1957 agreement, agreements were drafted in 1960 and 1972 (please see attached maps documenting ownership and exchange of land for each agreement). 8:03 Staff Report P,S. #96-01, by ISD #14 Page 4 The property is predominantly Torrens; however, a few lots within the property are abstract. As the parcel is predominantly Torrens, a plat is required in order to subdivide parcels for separate ownership. As was stated earlier, a number of City and School District facilities are located on the subject parcel. To follow is a table describing the facility, year built, and where the facility is proposed to be located. Development Site Facili Well Houses 2-9 Tennis Courts Picnic Shelter Football field Water reservoir Water #ower Filter plan Hockey rinks Ball Fiefds #1 - #3 Middle School Football field/track Tennis courts ANALYSIS Year Built `E�l:k3 .., 1967 1962 completed 1963 1962 1965 (repaired) Where Located City land City land City land City land City land City land City land C+ty tand City land ISD #14 JSD #i4 ISD #14 The subject parcel is zoned both R-1, Single Family DwelGng (Middle School) and P, Public (Commons Park). The zoning code is unique in that it does not require minimum lot area or outline specific setback criteria for school buildings. The subdivision ordinance does not require minimum lot area for public facilities. The lots on the proposed ptat are defined by the uses located on the property. The following table shows the breakdown of lot areas and the specific use within the lot Those lots which indicate portions (1A, 1 B, ete.) are defined as such in order to accommodate the abstract lots within the Torrens properties. This will facilitate recording of the plat at Anoka County. • � � Staff Report P.S. #96-01, by tSD #14 Page 5 Lots Platted for Specific Uses Lot 1A, 1B, 1C, 1D, 1E 2 3 .• •: � 0 7A, 7B, 7C E: 9A, 9B, 9C, 9D 10 11 12 13 Lot Area Use 193,825 sq. ft. Play area 4.45 acres Park shelter 129,835 sq. ft. Ball field 2.98 acres 172,484 sq. ft. Ball field 3.96 acres 135,919 sq. ft. Ball field 3.12 acres 77,061 sq. ft. Hockey rinks 1.n acres 217,515 sq. ft. Football field 4.99 acxes Ball field 53,323 sq. ft. Tennis courts 1.22 acres 96,693 sq. ft. Weli houses 2.22 acres 1,270,810 sq. ft. Middle School 29.17 acres 22,472 sq. ft. Well house .52 acre 26,853 sq. ft. Side walk .62 acre 12,643 sq. ft. Acce.ss to Mi .29 acre 127�011 sq. ft. Water reservoi 2.92 aia'es 8.05 ddle School � Staff Report P. S. #96-01, by I SD #14 Page 6 Those portions of the plat containing City facilities will be transferred to City ownership (see map detailing property to be transferred). RECOMMENDATION As there are no minimum requirements set forth in the subdivision ordinance for this type of request, the request meets the requirements. Staff recommends that the Planning Commission recommend approval of the proposed plat, Tigerland Addition, to the City Council. PLANNINC COMMISSION ACTION: The Planning Commission voted unanimously to recommend approval of the request to the City CounciL CITY COUNCIL RECOMMENDAT(ON: Staff recommends that the City Council conduct the required public hearing. . . � • 1� =v �� r � •�r•��_ � � �:._� .�� -•. �:r �� '�� . .�� i�► ..� u� .,. . �� ' ■ � ►.. .. :� ��irri► � :.,► - ��:>> � - .. � � � � • � . � f � � � 1 i :�t� J iooi D �T10 '�i � -•i1.. � �i1.. ,�� . 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' ` '' � _ i'' pN�S ' '� . � = � L �'i- h4 \ •at - �'<�� ,� `v °� '�t7 11407�n ' OQQ��(: :� � �� • � � ,_� � .; _j �v - > � •r — i i . o ;i ] F' , p � ��; '_ 41 . . 2 _ � --�t f=-9'Qt 1 ' �'� � � l , � � C] I I � ml . � ` , �ti ; �y ,' ' �` � U Q ' � � . � .I � � _ `f - � � M �� O + - I �+ - ,o' ' � i I DESCRIPTION OF REQUEST: The petitioner requests that all streets and alleys within the Vneland Addition and a portion of the Moore Lake Addition be vacated. The streets and alleys within the Vneland Addition and Moore Lake Addition are those that exist on paper but are not installed as streets or affeys. The request has been divided irrto three parts in order to cleariy define the legal descriptions and the ownership of the properties. The vacation request is part of an overall effort to transfer land between the School District and the City, ,and is related to plat request P.S. #96-01, to replat Vneland Addition. SUMMARY OF ISSUES: The fand is developed with School and City facilities which have been operating under joicrt use agreements since 1957. No further developmerrt is anticipated by either party in the near future, nor is there a necessity to retain the rights-0f-way and alleys. RECOMMENDATION: Staff recommends that the Planning Commission recommend approval of the request to vacate streets and alfeys to the City Council. PLANNINC COMMISSION ACTION: The Planning Commission voted unanimousiy to recommend approval of the request to the City CounciL CITY COUNCIL RECOMMENDATION: Staff recommends that the City Council conduct the required public hearing. 1 Staff Report SAV #96-02 (A - C), by ISD #14 Page 2 Petition For. Location of Property: Lega! Description of Property: Size: Topography: Existing Vegetation: Existing Zoning/Platting: Availability of Municipal Utilities: Vehicular Access: Pedestrian Access: Engineering Issues: Site Planning Issues: PROJECT DETAILS Vacation of streets and alleys in Vneland and Moore Lake Additions. 61 st Avenue and 7th Sireet (A) Blocks i- 13, vneland Addfion (6) Blocks 1 and 12, Moore Lake Addition (C) 8locks 7- 11, Moore Lake Addition (A) 2,545,427 square feet; 59.44 acres (B) i,802,000 square feet; 41.37 acres (C) 1,802,000 square feet; 41.37 acres Mostly flat Typical suburban; sod, trees, shrubs, etc. R-1, Single Family Dwelling; Vneland and Moore Lake Additions Connected 61 st Avenue and 7th Street 61 st Avenue and 7th Street sidewalks N/A 9.02 Staff Report SAV #96-02 (A - C), by ISD #14 Page 3 ADJACENT SITES WEST: SOUTH: EAST: NORTH: Comprehensive Planning Issues: Public Hearing Comments: REQUEST Zoning: R-1, Single Family Dwelling Zoning: R-1, Single Family Dwelling Zoning: R-1, Single Family Dwelling Zoning: R-1, Single Family Dwelling Land Use: Reside�ntial Land Use: Residentiat Land Use: Residential Land Use: Residential A residerrt inquired as to how the vacation requPSt would affect garbage pick up for residents along 63rd Avenue. The petitioner requests that the City vacate aA streets and alleys located within the Vneland Addition and Blocks 1- 12 of Moore Lake Addition. The request has been divided into three parts in order to clearly define the lega{ descriptions and the ownership of the properties. A more thorough description of the legal arrangemerrt befinreen the entities can be found in plat request, P.S. #96-Oi. The specific requests are as follows: PartA- Part B - Part C - Blocks 1- 13, Vneland Addition, owned by Independe.nt School District #14 Blocks 1- 6 and 12, Moore Lake Addition, owned by the City of Fridley. Blocks 7- 11, Moore Lake Addition, owned by Independer�t School District #14 PARCEL DESCRIPTION AND HISTORY To follow is a description of each of the parcels within each of the three parts of the request: 9.03 Staff Report SAV #96-02 (A - C), by ISD #�4 Page 4 Part A- This parce( is located in the northeast comer of the irrtersection of 7th Street and 61 st Avenue. Located on this parcel is the Fridley Middle School and the Commons Park facilities, including the Commons Park well field. This property is owned by Independent School District #14, and was acquired from 1930 through 1950 via tax forfeiture as well as transfer of properties from Cari Sorenson, a local developer of the 1950's. Originally, lndependent Schoo! District #14 was caped lndependent School District #23. The name change occurred in 1957. Part B- This parcel is located in the southeast comer of the intersection of 7th Street and 61 st Avenue. Located on this parcel is the former Parkview Elementary School (now the Fridley Community Center), the High School footballl field, and the High Schoot parking lot The City acquired this parcel in 1954 through condemnation for the purposes of establishing public parks. Parkview Elementary School was constructed in 1957. It is anticipated that this parcel will be declared excess and transferred to Schaol District ownership by the City. Pa�t C- This par�e! is located at the northeast comer ot the interseciion of 7th Street and 59th Avenue. Located on this parcel is a baseball field and the Fridley High Schoot. This property was officially acquired by ttie School District in 1958 through condemnation proceedings. The High School was constructed in 195/. ANALYSIS The properties are fully developed with City and School District facilities, and no development is anticipated in the ne�ar future by either entity. There is no need on the part of the Ciiy to construct additional streets, alleys, or utilities in this area. RECOMMENDATION Staff recommends that the Planning Commission recommend approval of the request to the City Council to vacate streets and alleys within these par�cels. PLQNNING COMMISSION ACTfON: The Planning Commission voted unanimously to recommend approval of the request to the City Council. CITY COUNCIL RECOMMENDATION: < Staff recommends that the City Counci! conduct the required publac hearing. 9.04 -��' ��._ � �� .- �•� ��) ►'� �L� �� f� �`� �r�' 1' ►i �chool District #1 �� n Rec��P�t •�.�: • oned by 5chool Distr�ct #1 � LOCATION MAP :�r� MEMORANDUM PLANNING DIVISION u Y � ^y TO: William Burns, City Manager � � �r FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Kurt Jensen-Schneider, Planning Assistant SUBJECT: Councit Action - First Reading of an Ordinance to Require all Unpaved Residential Driveways to be Paved by April 1, 2001. Background • The unpaved driveway ordinance was first introduced along with the junk vehicle ancl nuisance abatement property improvement ordinances in November of 1995. Since that time, the ordinance has evolved through several Council discussions, an informal public meeting on January 31, 1996, a Planning Commission public hearing on February 7, 1996, a City Council public hearing on Apri122, 1996 and written and phone surveys conducted dwing the first week of June. The initial mailing list of unpaved driveway properties has been fully updated and verified through assessment files and inspections by reserve fire fighters. There are approximately 150 properties. The June 6, 1996 survey results memo and the paving program financial options form are attached for your review. . Significant Features of the Ordinance As the ordinance is written, it requires a11 residential unpaved driveways to be paved in the next five years, with the exception of: ♦ Subdividable property ♦ Properties with an access point connected to an unimproved right of way or alley. Driveways will have to eventually be paved if the property is subdivided or if paper right of ways are improved. In the meantime, owners of sulidividable properties are required to pave a 20 foot apron at the street and unimproved right of way properties are not required to pave until the right of way is improve�d. The Center for Energy and the Environment is responding to an RFP for "assistance services" for First Reading of an Ordinance to Require a11 Unpaved Residential Driveways July 2, 1996 Page 2 those who need to comply with the ordinance. CEE will explain the programs available, determine if households are eligible for the deferred assessment program (65 or over and income qualified), review household financial information, and in general, provide personal attention to help owners comply. At the time of the writing of this memo, CEE was finishing its response to the RFP. CEE wants to complete this project. An update will be provided Monday evening. Staff Recommendation � Staff recommends that the City Council approve the attached ordinance for first reading at its July 8, 1996 meeting. KJS:kjs M-96-312 10.02 07/02/96 15:25 '8`16124901580 HOLSTAD AND LRSN f�002/004 ORDINANCE NO. AN ORDIN/�NCE OF THE CIlY OF FRIDLEY, MINNESOTA, FiND1NG AND DECLARING UNPAVED, GRAVEL OR DIRT DRIVEWAYS TO BE A PUBLIC NUISANCE, DESCRIBING THE PENALTIES THEREFORE. WHEREAS, the City of Fridley has undertaken a study of the singie family residences within its boundaries and determined that a small percentage of them do not have paved driveways; and WHEREAS, the City of Fridley has long determined it to be the policy in the City, as stated in its Zoning Code, that alt res+dentia! driveways in the City be paved with concrete, asphalt, brick or similar hard surfaces; and . WHEREAS, the basis for the City's policy lies in the finding that an absence of such paved surface results in environmental harm in the form of obstruction of .storm sewer and other water drainage patterns, as well as the depvsition of hydrocarbons and other hazardous automotive-related directly into the ground in the City, and the sp�eading ofi dust and gravel on su�rounding properties, af1 to the detriment of the health, welfare and sa#ety of the residents of the City; and WHEREAS, while the existing Zoning Code provisions are adequate for the protection of the residents of the City in cases of new construction or homes being sold in the City, enough instances exist in the City of unpaved driveways so as to create a detrimental impact on the health, welfare and safety of the residents of the City; and WHEREAS, the City of Fridley, by its City Council, expressly finds that the existence of unpaved driveways within the City continue to create an ongo+ng environmental hazard and condition detrimental to the health, safety and welfare of its citizens. NOW, THEREFORE, BE IT RESOLVED, that THE �ITY OF FRIDLEY finds and declares unpaved driveways to be a public nuisance. NOW, THEREFORE, BE IT FURTHER RESOLVED that THE CIlY OF FRIDLEY, by action of its City Council authorixed by its City Charter and the laws of the State of Minnesota, HEREBY ORDAINS that Chapter 110 of the Fridley City Code be amended by inserting therein, fo{lowing the provisions of Section 110.02, new language as follows: 10.03 07/02/96 15:25 �`16124901580 HOLSTAD AND LRSN (�1,00�%004 110.02.1 DRIVEWAY NUI�ANC� Anv drivewav loCated within the City and not paved as provided under �h��er 205,07(6aA{2, is a public nuisance , Anv nuisance und�r this qrovision must be abat�d by construction of an approvec� surtace on the driveway in a manner Qr�scri�ed bv the City The City�xpr ��v rgserves and declares its st�tutory authority to abate an� s��h nuisances under the �ssessment and levvinc� flowers �ranted by Minnesota St�ut�s Chapters 429 and 463 Alf assessments levied for the repavment of a hard surface driveway installation shall be reimbursed in accord n with the terms and n i ions established in each instance by the City Council. "Drivewav". for c�urqoses ofi this Chapter shall not include any public own�d or s�ed�cated unpaved road or alleyway used for purpose of acGess to any �rc,�erty� nor anv roadwav. oath or other access to a parcel of unsubdivided oropertk that can without variance. be subdivided in the City A roadwav or c�ath to subdividable propert� in the Citv $hatl be a"driveway" subiect to this Chaote� at such time as the �ro �r y on which i is located is subdivided and the roadway or�ath continu�s to be used for the puroose of access to the oroperty Any roadway ar path to subdividable gro er y must be oaved to a distance of at least twenty feet from the edge of anv connecting curb or raadw�v surface in order to��lify for this exception Section 110 shall be further amended by �enumbering the current Sect+on 110.06, which provides for penalties thereunder, to Section 110.07, and creating a new Section 110.06 to read as follows: 110.06 ABATEMENT ASSISTANGE For the purpose of orotectin th health safety and welfare of its citizens and insurinc� promot compiianG� with the Provisions of this section the Citv may in its complete and unres�rv�d discretion. offer such financial and oiher assistance as it mav find aaoropriate and necessary to mitigate financial or other hardship that may be cauSed bv the enforcement of this Chaoter in any particular case including but not limited to the extension of time ordinarilv required for the aba#em�nt of any nuisance ar hazard as_well as the nrovisian of qroqrams roviding for financial assistance for the�urpose �f abating any particular type of nuisance ar hazard in the City. The refusal or failure of the Citv to qrovide anv such assistance in any particular case shall not be a defense for a violation of this �h�pter. 110.07 PENALTIES. 10.04 07/02/96 15:26 �'16124901580 HOLSTAD AND LRSN � 004/004 The foregoing was enacted the _ day of , 1996, by the City Council of �ridley, Minnesota, acting at its regularly scheduled meeting on that date and pursuant to published notice of its consideration pursuant to the City Charter and applicable Minnesota law. Signed: William J. Nee, Mayor City of Fridley, Minnesota Attest: William Champa; City Clerk City ot Fridley, Minnesota 10.05 CITY OF FRIDLEY PAVIi�TG PROGRAMS You have five years to pave your driveway. If you decide not to make your own arrangements for paving, there are two other programs available to help you. 1. CITY ASSESSMENT You may request to be placed on the City's work list. Once the work list includes a sufficient number of driveways, the city will advertise a contract to pave those driveways. The bulk contract could significantly reduce the price of the driveway installation. You will have three alternatives for payment: A. The cost could be assessed to your property with the following terms: 5 Year Assessment 5% Administrative Charge 7% Annual Interest B. Seniors can obtain a 100°/a deferred assessment until sale of the property. To qualify, the applicant must be 65 years old or older and must meet income guidelines. Deferment is also available if the property owner is disabled. G Pay the City for the cost of the driveway up front based on the bid cost. Haw it works: ♦ Contact the Engineering Department at 572-3552 if you want to sign up for the City Assessment option. ♦ Indicate if you want an asphalt or concrete driveway. City staff will then contact you for a meeting to measure your driveway. � After bids are reviewed, you will be notified of your cost. ♦ You then choose one of the above three options for payment. If you are a senior, city staff will help you determine if you are eligible for the deferment option. 2. HRA 5% LOAN A loan from the Fridley HRA could be used to cover the cost of an individual contract driveway installation. Terms of the loan include: 5% Annual Interest $25,000 maximum loan amount Maximum household income not to exceed $58,560 Application Review and Approval ♦ Contact the Fridley Home Improvement:Hotline at 348-2582 to obtain an application. Make sure you identify yourself as needing help paving your driveway. 10.06 i. SURVEY RESULTS WRITTEN AND PHONE What is your driveway length? Written Surve� 20' - 40' 21.6$ (8) 41' - 60' 18.9g(7) 61' - 80' 8.1g {3) 81' - 100' 16.2$ (6) 101' - 120' 13. 6g (S) > 120' 21.6$(8) Total{37) Phone Survey 30.4$(14) 32.6� (15) 10.8� (S) 17.3g (8) 2.1$ (1) 6. S$ (3) Total {46) 2. If the ordinance is adopted, how would you finance the paving of your driveway? (see attached) 3. Please read the attached program description. financing alternative might you consider? 5� HRA Loan City Assessment Other Written Survey 29.1$ (7) 37.5$ (9) 33.3�(8) Total(24) 4. Please indicate your age: Written Survey <24 2.8�{1) 25-39 25.7g(9) 40-54 20.0$(7j 55-64 17.1$(b) 65+ 34.2$ (12) Total(35) If available, which ' Phone Surve 25 $ (6) 16.b� (4) 58.3$(14) Total(24) 5. Please indicate your annual household income: <$10, 000 $10, 000-$20, 000 $20, 000-$30, 000 $30, 000-$40, 000 $40, 000-$S0, 000 $50,000-$60,000 $ 60, 000 t COIVII�NTS : (see attached) Written Sur.vey 13.3$ (4) 26.6$(8) 23.3$(7) 6.6$ (2) 16.6$ (S) 0 � (0) 13_3$(4) Totai(30) *295 written surveys were mailed out *49 phone surveys were completed *47 written surveys were received by June S, 1996 , 10.07 Phone Survey 0 � (0) 27.2$(12) 27.2$(12) 13.6� (6) 31.8$(14) Total(44) Phone Survey 19.4$ (7) 33.3$(12) 11.1$ {4) 11.1$ {4) 13.8$ (5) 8.3°s (3) 2_7$(1) Total (36) Written S u rvey If the Ordinance is Adopted, How Would vou Finance the Pavinq of Your Driveway? • "i don't know. Probably save the money and pay cash." • "Self-paid." • "Driveway is hard surfaced." • "Have no intention." • "No." • "Have no idea." � � "Heaven knows. I'm retired." � "I have five years before 1 have to comply." , • "City assess or 5% HRA." � "i can't." • "No, it's paved." • � "Bank loan" • "Savings" � "1'm unsure." • "Good question. Estimated cost $8,500. Mostly likely method is City assessment." • "HRA loan" � �"}�ome equity or improvement loa�" 10.08 if the Ordinance is Adopted, How Wouid you Finance the Paving of Your Driveway? Paqe 2 Written Survey • "Have no idea." • "i can't afford it." • "Loan" • "City assessment option" • "?" (1 don't know.) • "?" (i don't know.) • • "We are in poverty income so we do not need another bill." • "I iive on a unpaved dirt City ailey. I am exempt." � "Noi sure." • "You tell me!!!i' 10.09 General Comments Written Survey "My driveway is paved." -Beverly Orton, 7418 Stinson Boulevard N_E. "My driveway has been cement for af leasi five years. After my husband passed away and while I was in the hospita! for neck surgery, my grandkids and f�iends paved it for me." -Ruth DeMars, '1442 Mississippi Street N_ E. "I am happy to do this any time my neighbors are ready." "Do not have the resources to pave d�iveway_" "Our driveway is fi�ished, but we need to reroof. What is a good 7°/a loan we can get?" -784-4968 , What is wrong with you peopJe? i am retired, stili making house payments, and just making ends meet. i don't want any more payments." 'The sooner, the better. Thanks." "Why do you worry about driveways when the City streets are in such bad condition?" "Have lived here over 50 years, and it is a free coun#ry. !f I wan# a dirt driveway, I wil! keep it a dirt driveway." "My driveway has been paved." -Fem Dennis, 4579 - 2nd Street N:E. "Had driveway blacktopped four years ago." "My drive has been paved for two years_" "Can't understand why required. What about the grandfather ciause?" "I don't like being referred to as a public nuisance whe� there is a house trashed and broken down less than a block away. If you want my driveway fixed, pay for it or at least a portion: Alone? �th 5°/a administrative fees?!I lf we go with a bulk rafe, how can we guarantee it is good quality. It varies alot. When we bought the house, the driveway was unpaved. We believed it was more importa�t #o have a dry basement and a warm house. The driveway has been unpaved for 38 yea�s. We've only been in it for four." "Resident 45 years. Driveway downhi(!. Crushed rock_" "I can't affo�d this." 10.10 General Comments Paqe 2 Written Survey "i would appreciate having more info on financi�g options for our driveway." "We feel that hard surfacing just 20-30 feet in from the street would satisfy most of the goals of this ordinance without being quite such a financial hardship on those with exceedingly long driveways_" "I plan on leaving things as they are until such time we would be able to afford such an item_ This is not a priority." "1 live on $592 a month, and 1 can't afford this work." "My driveway has been paved for the last 5 years_" - 6594 Fridley Street N. E_ "This would be a great hardship." "We probably wouid like pavernent more than the City. Ever tried to shovel show off a rutted sandpit?" "Aesthetics/yard was designed by landscape architecc�.. See attac�ed. Compromise p�sitioNapron from the street" "Driveway paved May 1995." "My driveway is blacktopped now." "We had a concrete driveway built a few years ago when we built the new garage. Please update your records." -1479 Mississippi Street N.E. "Should have some 'breaks' for fengthy driveways." "I have over 300 feet of driveway, not counting the back half that is shared by my neighbors and I. This is �idiculous. Do�'t you have any better to do with your time than to ha�ass honest taxpaye�s (�eal voters)? Get a life!!!" "Mine is blacktopped already 5 years." -7948 East River Road "I do not have an unpaved d�iveway." -5400 - 4th Street N.E_ "! would not be as satisfied with asphalt as I am with my current surface. Motorcycles damage/fall over on asphalt on hot days. My driveway does not get muddy even after days of rain, and 1 don't worry about it (the� motorcycle) falling over." 10.11 Phane Survey If the Ordinance is Adopted, How Would you Finance the Pavinq of Your Driveway� ♦ ♦ ♦ ♦ ♦ ♦ 0 0 � ♦ 0 ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ Can't; does not have money Renting from �3arents. They plan to hardsurface soon_ Basicaily hardsurface now; vniy 50 #eet. Too expensive now; not sure. Would talk to City about low interest low. Doesn't know; can't afford any more )oans. On Social Security; doesn't know how she would. Don't know; retired, iiving on Social Security. � Wants to do it; not sure when. Save money and pay for i# themselves. Don't know. Pay for it themselves. No money to pay for i# now. Depend on contractor. No money. Uncertain. Loan . Savings. Would depend on administration of estate. Uncertain. As�essment. 10.12 If the Ordinance is Adopted; How Would you Finance the Paving of Your Driveway? Page 2 ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ � Phone Survey Payment plan. No money due to medica! bilis. Borrow. Uncertain. Not sure. Cash, if she lives that long. Can't afford; won't do. � - Money from City has some kind of string attached. Would finance themselves if it had to put in. Finance themselves. Don't know. Will contact Grant fior options; gave him telephone number. Don't know. Oo herse(f if needs #o. Self. We would not change the structure of our gravel surface. Yes. ♦ Husband is cement contractor. He would do himself. ♦ Self funding. � Wouldn't put in a drivewaX. Doesn't have a garage. 10.13 If the Ordinance is Adopted, How Wouid you Finance the Paving of Your Driveway? Page 3 ♦ Doesn't want ordinance adopted. ♦ Cash. ♦ Cash. ♦ Own financing. 10.14 Phone Survey Generai Comments ♦ Currently unemployed ♦ Threw survey away ♦ Has hardsurface. Tell City Council: Phone Survey 1. Wrong; not everyone can afford; should be able to have brick. 2. Needs a roof. 3. Have a water increase; pave residents' driveways with "profits". ♦ Mostiy brick and grass. ♦ Driveway is only eight feet in length. , ♦ Driveway should be paved; will be doing his soon; have daughters in college so couldn't afford it �� Over 100 feefi oNy apron paved. Feels they should be done; wouid probabiy do 20 feei of driveway. ♦ Ali points by Scott at Council mee#ing had rio bearrng on his driveway. No drain in street Last house on street, so no pr�blem with dirt- in street ♦ East River Road tapers down toward his driveway. Has problems of water, as no storm sewer in street. Paving might worser� problem. ♦ Unused street between houses; don't see need for driveway. Will pave if ordinance is passed. ♦ All but little are paved. Due to medical bills, can't afford to pave this section. Rest is paved. ♦ Are trying to get it paved this Summer. ♦ House will be tom down when sold. Lot would be subdivided. See no reason to pave. ♦ Double cement, except for easement owned by the City. ♦ Can't afford (hung up) � 10.15 0 0 General Comments Page 2 Phone Survey ♦ Does not believe in grants or loans. ♦ Remodels; will do driveway this year. ♦ Have paved; not thinking of paving second driveway. ♦ Plan on being transferred within three years; do not have equity ir� the house to cover expense of paving driveway off of improved alley. Never received a survey in the maiL ♦ Will possibly put in this Fall if they get a good deal. ♦ Don't have money. i If City forces us, we wiii do it. ' � Lived here since 1951; raised 9 kids, so we don't have any extra money. Driveway is crushed rock and has been fine fQr 45 years. Makes no sense to change now. ♦ Don't have the money. Loans have to be paid back. ♦ Can't afford another loan. ♦ Plans to have it done anyway. Counci! should be using their time for more important problems than forcing residents to comply with these unimpo�tant issues. ♦ Owner is a painter and designed the house and driveway. Planned driveway; gravel would r�.�in structure; every four years, grave! is replaced. Not a dirt road. ♦ Waiting to hear from the City, and wants to share expenses with neighbor. ♦ On Social Security; cannot afford the cost. 10.16 l---1 � � � � � rn � cV � � ti �� N � � 'C3 W� � � Q � z z z� z � z z° � �� , „ s ,�, e ao ao e � 0 �, � � � � � � � � a� a� �, C\7 C7 � o� � '° b � � t��' m 3 3 ; : w � 3 0 � C� � V N Q N Q i N N y� i � y � � � � � � � � i � cd � � � CL V C� A A A t� � Vr' d� � C�7 C� U r� � ¢� � �: a� � > °, � o � �D ' Ll. :� '" 1. 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' ::4:. :<�: ��:�:;.»:;;.: :;«r�?"?:;?;::�:;??.<''`:''': :::>: .::.:.;:::.::: :.:. .:>. >::::;�:::��<`>:::: >:::::�>`��`::::>::;::::<:�:::<_:::>:::>:::��::�:::: :... :::�:�::>:::: :.:� :�: :�><�;<:>::<:::::::: ;: ::::��:>::::>:<:>:: >; >:<:�::�<:::;::�>�:::�::>::::;:::: :�::��;:° . .. : . : .::..::::: . :> ...... :: ::.::... .... .. ... .....:.:..:: :....:::> :.._:.::-_-_:. ::�: : ::.:.:.: ..:::::.:.: . ::::�:>�:<:: : ::.:..:..:................ .. . . ........... ::.�:.: ... ...... .:...........: ::.. .::::�<::::<:::::::<::.................. .::>�:::� : ::�:::::<:<:::::>: >:<::�:::<_:::::»:<:::::«_:: :.;:.; .. .:..:::........... :... . ... :. :: >:>::�>:::::::�>:>::: ::::>:v�:::::::;::<:>:: :;:::�:::::::<:»:: <::::: :;: >:: <::<:: �::::>::::»=;< :<:::�::::::>:<:::>::::::<:::::;:: :«<s�:::>��:�::::::::>:::::»:: :::::::�:::: <:»�::: :.:._ .::.�.� ::.::.::::..: .:::.::.:: .::: :.:::::::.�..:::�:: .:::�..::::::::.:.�: ...::::::::::::._.;;: .;::;1�;r�:::::�7F:::.;>2:::;:;:; ::>::E�i::: :::;;i(5:;: ::::::. � � . :::::a:,:;;::: ;:;:: �.. ::::i:::;::;:: :r::: ' . �::;::::;:i2t. :5::::. ::::� ;::::;. ::::::::::>;::: ::::::: .: ::2:::;::;:t:::::::�:;: ::•:i��:.��:::�.:::;:•::•:::�: �.�:`�:�.:•: �:::`�:� �:> �:::�f,�._:;�:�:;.>:�::•;.>r.�'::�:••:.;:::;::•:::.'�iA":;;;;:�::;:;:.:;:;r'-'.�'.,'-:�::�r>:�::i:�SR�::�:::;�:•::::::•::�>:�:::�:�.: : :�;:�:w«�;:dF::.::;::•: �:..:::.;��>:�: ;;:<:.r..�«:�:: :;;:::�!yr.:.::>:a::� �;:.;:M!<::ii:->r:z<�rsi:ai::: �::.:7:;:�:::::'�;::::::::::::::i �: 2:::::;1v:::: ::_:::'!K::; ::::;;�:�:`;:;::::;::::: ::. :: ::.:::..:::::::. ...:�:::.::.... .......: ... :...:..:.......... ........................, 10.18 a� � r a� .� .� � � � U cUd a� N N � y � � � 0 � 0 N ed � b > � � � � ... � a� � 0 �. c� .� ., � � � � .� � y cd U � � � � cd U L� � 0 -� a� � � � > � � .o � 3 °�' � � N � .� , � � � � N � � f.y �. N U N Cd .-.. c� � � ti 'Ly .� -b > � � � .� � � �� x O � .� a. E � � � DC N � td � N � cd t. O cd 3 � 0 � � � .� � � � 0 � .� � � � y O � U �+ ft3 � �� 3 � > .� A x X DESCRIPTION OF REQUEST: Kim Miller requests that two variances be granted to allow an expansion and garage space addition at Mi�ler Funeral Home at 6210 Highway 65. The variances requested are: 1. Principal Building - To reduce the front yard setback from 80 feet to 37 feet; 2. Garage Structure - To reduce the rear yard setback from 40 feet to 24 fe�t. If the variance requests are approved, the petitioner will complete the following improvements to the ProPertY: 1. Enclose a 6 foot by 32 foot azea along the south side of the principal building. 2. Construct a 30 foot by 80 foot addition onto the garage located at the rear of the property. HARDSHIl' STATEMENT: "Changed usage of building to single locale requires more storage/viewing space." SUMMARY OF ISSUES: The petitioner's building proposal will convert a variety of storage areas within the principal building to assembly spaces for moumers and family members. The proposed building addition is 72 square feet and has no impact to adjacent properties as the area in question is within the existing building lines/architectural elements of the building (see attached plan). The garage addition will be used for storage, casket showroom, and will contain space for an on-site residenbcaretaker. 'i'he proposeci garage expansion will eliminate 7 parking spaces on site. The site meets the parking requirements of the code; however, there may be 2 or 3 reviewals conducted at one time; therefore all on-site parking spaces are used on a regular basis. The petitioner does have an agreement with St. Philips Lutheran Churc� to the south for additional overflow parlcing. However, the City typically requires that individual properties provide adequate parking on site. 11.01 Staff Report VAR #96-12, 6210 H'ighway b5 N.E. Page 2 The proposed garage also includes a residence within it. A special use pernut is require�i to allow a residence in a commercial district. The residence will need to meet the building cade requirements. The Engineering Department has two requests of the petitioner: Granting of a 10 foot easement adjacent to the e�cisting drainage easement to provide access to a sewage pumping station. 2. A grading and drainage plan with calculations documenting the change in stormwater runoff. APPEALS COMIVIISSION ACTION: The Appeals Commission voted to approve the request to reduce the front yard setback from 80 feet to 37 feet. The Commission voted to deny the request to reduce the rear yard setback, expressing a eoncern with the loss in parking and the impact to the adjacent residential properties. STAFF UPDATE: Staff researched other cities' P�S �9uirements for similar uses. The �umber of spaces provided is consistent with otha citi�' requireznents. The City Attomey was aLso consulted regarding the parking requirements. He stated that if the site meets the code requiremerns, the City carniot requu�e additional spaces regardless of deficiencies in the code. In addition, the petitioner has a reciprocal parking agreement with St. Philips Lutheran Church to the south CITY COUNC'IL RECOMIV�NDATION: Staff recommends that the City Council concur with the Appeals Commission action. If the Council approves the variance, the two stipulations from the Engineering Department are recommended. A special use perniit is also required for the residence in the garage structwe. Petition For: Location of Property: Legal Description of Properly: S'�ze: PROJECT DETAILS A variance to: 1. Reduce the frorn yard setback from 80 fcet to 37 feet; and 2. Reduce the rear yard setback from 40 feet to 24 feet 6210 I-i'ighway 65 N.E. Lots 3& 4, Block 1, HerwaPs Second Addition 83,760 square feet; 1.92 acres 11.02 Staff Report VAR #96-12, 6210 H'ighway 65 N.E. Page 3 Topography: Existing Vegetation: Ezisting Zoning/Ptatting: Availability of Municipal Utilities: Vehicular Access: Pedestrian Access: Engineering Tssaes: Site Planning issues: REQUEST Flat Typical suburban; sod, shrubs, trees C-3, General Shopping Center; Herwal's Second Addition 1963 Connected West Moore Lake Drive Sidewalic along West Moore Lake Drive N/A DEVELOPMENT SITE The petitioner requests that two variances be granted: 1. To reduce the frotrt yard setback from 80 feet to 35 feet; 2. To reduce the rear yard setback from 40 feet to 24 feet. If the variance request is approved, the petitioner will complete the following improvements to the property: 1. Enclose a 6 foot by 32 foot azea. along the south side of the building. 2. Construct a 30 foot by 80 foot addition onto the garage located at the rear of the prope�ty. 11.03 Staff Report VAR #96-12, 6210 Highway 65 N.F. Page 4 _ SITE DESCRIPTION/HISTORY The subject parcel is located in the northwest corner of the intersection of H'ighway 65 and West Moore Lake Drive. Located on the property is a 6,000 square foot morluary and a 1,800 square foot garage. The following activities have occurred on the property: 1963- Variances were ganted for building setbacks, parking stalls, and driveway locations for a funeral home 1967- Issuance of a building pernut for a funeral home 1987- Variances were granted to reduce the side corner setback to allow construction of a building addition on the west end of the funeral home. 1993- A variance was ganted to reduce the side yard setback to 3 feet to a11ow a hearse enclosure. 1994- Construction of a canopy (as opposed to a hearse enclosure) in the side yard; sign variance, and construction of a 30 foot by 60 foot garage ANALYSIS Section 205.15.03.C.(1) of the Fridley Zoning Code requires that pernutted buildings and uses shall not be closer than 80 feet to any public right-of-way. Public purpose served by this requiremerrt is to allow for off-street parking without encroaching on the public right-of- way and also to protect the "line of sight" of adjacent properties. Section 205.15.03.C.(3) requires a minimum rear yard setback of 40 feet. Public purpose served by this requirement is to provide adequate open space around commercial struciui'es for aesthetic and fire-fighting purposes. Front Yard Variance The variance request to reduce the front yard setback from 80 feet to 37 feet would allow the enclosure of a 6 foot by 32 foot alcove located along the south elevation of the building. This request does not have an adverse impact on adjacent properties as the proposed building enclosure is located within two architectural elements on the south facade. This request is consistent with similar requests previously granted for the property, as well as adjacent properties in the vicinity. Staff recommends approval of the request to reduce the front yard setback. Rear Yard Setback The variance to reduce the rear yard setback would allow construction of a 30 foot by 80 foot addition to the existing brick garage. There is a 40 to 55 foot wide planting boulevard which separates the subject parcel from the adjacent 11.04 Staff Report VAR #96-12, 6210 H'ighway 65 N.E. Page 5 residential pazcels to the west. The properties do not directly abut each other; they aze separate�i by the planting boulevard. There are a number of trees which aze located in the planting boulevard, as well as a ditch which drains to the west basin of Moore Lake. The proposed garage could pose a visual impact to the adjacent residential properties. The proposed garage addition reduces the required number of parldng spaces on the property from 83 spaces to 76 spaces. The site meets the code requirements for padang; howev�, due to the consolidated nature of the use, it is staffs observation that the demand for parking exceeds the supply. It is essential that parking is maintained on site. While the petitioner dces have a c�oss Parldng agreeme.nt with the Lz�an Church to the south, the City typically requires that each property provide the required number of parking spaces on the site. The proposed building also includes residential space. The construction of the residential space requ'vres a special use permit in the commercia.l district. The construction will require heaiing, glumbing, bathroom facilities, separate ventilation, smoke detectors, one hour doors, walls, and ceiling, with a door or window to the outside. The plans will be required to be signed by a registered azchitect. The Engineering Department has two concerns regarding the subject pazcel. A sewage pumping station is located in a drainage easement located along the east property line. An additional 10 foot easement adjacent to the existing easement is nceded for access purposes. A grading and drainage plan is also required to review storrnwatet impact. Due to the impact to the required parking spaces, staff recommends denial of the request to reduce the rear yard setback. RECOMMENDATION Staff recommends that the Appeals Commission recommend approval of the front yard setback request to the City Council. Staff recommends that the Appeals Commission recommend denial of the request to reduce the rear yard setback to a11ow the garage expansion due to the reduction in the number of parking spaces on site. If the Commission chooses to recommend approval of all requests, staff recommends the following stipulations: The petitioner shall dedicate a 10 foot drainage and utility easement para11e1 with and adjacent to the west line of the existing drainage and utility easement. 2. The petitioner shall submit a grading and drainage plan and calculations for stormwater runoff. Adequate informational signage regarding off-site overflow parking and pedestrian crossing be installed prior to commencement of constn,iction. 4. The petitioner shall apply for and receive a special use pernut in accordance with Section 205.15.O1.C.(12) which states that: "Any combination of office, retail, or residential use shall ha.ve a special use pernut." 11.05 Staff Report VAR #96-12, 6210 H'ighway 65 N.E. Page 6 WEST: SOUTH: EAST: ADJACENT SITES Zoning: R-1, Single Family Zoning: R-3, General Multiple Family Zoning: R-1, General Shopping Center Land Use: Residential Land Use: Church Land Use: Retail; multi-tenant NORTH: Zoning: R 1, General Shopping Center Land Use: Office; multi-tenant Comprehensive Planning Issues: The zoning and Comprehensive Plan are consistent in this location. Public Hearing Comments: A petition was submitted by the adjacent properties opposing the request. APPEALS COMIVIISSION ACITON: The AppeaLs Commission voted to approve the request to reduce the front yard setback from 80 feet to 37 feet. The Commission voted to deny the request to reduce the rear yard setback. CITY COUNCII. RECONIlVIENDATION: Staff recommends that the City Council concur with the Appeals Commission action. STAFF UPDATE: As a result of the parking discussion, staff contacted the cities of Coon Rapids and Shoreview. Both have recently constructed funeral homes. In Coon Rapids, the pazking provided was 107 spaces for 1,800 square fcet of chapel space. Parking was required based on occupancy (257 persons in 1,800 square feet; 1 person per 7 square fcet of space) with 1 parking space required for every 3 persons. Using the ratio from Coon Rapids, 82 spaces would be required based on 1 space for every 3 persons (247 persons occupancy) with occupancy based on 1 person per 7 square feet of chapeUassembly space (1,410 square feet). 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Z � � � O 0 J Ll._ Z O � � � Q � w J J � Z O � U � � � Z O U w J Q 0 1 i l � � � W � � W � � � �� W � W � � U W tl. � W L.J... � i t ; : � i --- - -- Z 0 F=- � � W U1 —� Z � QO o�z Q � ��r w=� --� o C� J �� ----. .-- �- ;, ---- . , , - -, ,, �\��__"_r___'_r_'_� 4 � 1 1 1 � � 4 t i i i i � � I 1 1 I � 1; � 'rt..____' � I j � � � _'j ' � � _' � 1 � t 1 1 ._'__ ' 1 1 � F � 1 1 F 1 1 � F j 1 I F 1 1 � F � 1 1 � F � � i_'__�_� 1 � e � 1 � z� 1 1 1 � _'_�' � � i � F � 1 � � �� 1 � 1' I � { �' f � I 1 � 1 1 � � �' � � �___J..._� i � � � � I 1 �-- � I � ; --r— �. , � �� i i ; i: ; i i rl �� i r � '� - L � 1 - � ; ;_ i , � � � o0 00 l � � q ro � ,-� � �, � � � � o � ' � � a �; � � , , ; �. : —�..�-- - ; �, .� , ,; „ � , , „ � , , �., � , 6 , � , , � � � � ; ; oa � �-----� o a� ! ;.:t-._;�'� 3 5 ; � �: , � , �` o e0 ! ;" .� �+ i : T '., ; C/] «1 � ` �+ i --k•--�'. � �+ � _.L_,.__�' x � � � i u� 'ty � � cd p ' 1 � C,� cd � � i � i � i � ---- � � i i ._----.__.�_._..._.____.__ (ti Z � � L� a 0 J � - 11.10 � � � � ��F:: � c� :::::° -c PUBLIC INORKS MEMORANDUM /•-�" i�' �/� /� G' `, TO: J ora, Fubtic Works Director FROM: DATE Paul Lawrence, Superintendent of Public Works June 13, 1996 SUBJECT: Miller Funeral Hame Variance �,// � I reviewed possible future ROW needs for the sewage pumping station located between the Miller Funeral Horne and the Skyline Veterinary Hospital with Sewer Division personnel. It was our conclusion that the existing 20 foot ROW is most likely large enough to meet future demands of the pump station. It was noticed, hawev�r, that the City cannat access the pump station fram within the current ROW boundaries because of powcr poles and landscaping locat� in the center of the ROW. I would suggest that an additiona110 fe,et of RQW be obtained on the west side of the existing ROW to ow service vehicles access to the pump station and pump control panel from within the City xuw. Sewer Division personnel are unaware af any storm drainage problem associated with this parcel of property. 11.11 6,t�, , , � . <� . — — � `��` , . -.._ , w n ,(�� 01 � •EJ rfi\ �t __ J__._ _. :. �y J � w� �_ ! - dt �:. L ,.� -- -- -- /� - ---- � � t Jdc"i.r r, �i:, . .. ., 4„ 1" -_ = - _--_ � , � n: �, . ,'`} . ° , � -� . � � ". i; ' ? =. . ,. ..: . .. . . .. . � r. 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'•`�� , ' •: ._: � ;__ " _"�'_ Jj 4 A' �� ; ' , � ,� ', � _' .� -� � + Q, PROPaS�O_ � ADD t T l ON °� ! � ' . �,° � ��v{{y,, r �� n. � " _ � - t .,.. . _ �'� ` �' /.. `3 �' �..�� .. 't 'i . ,.. i � j� . 1 �� ` ., . __ � { � . � :i � ' / � .. ... i './ - . '. '_" '1_�-�_ ' �'"_ _ _ .. . '�' �'�_"__ .�._ ' � .�...". ___�� . . _�..�. ��._��. . .. �_��__�..��_ " .. _.. __.�� ..�..�_�_�_�_�. _�i._" � .__".__.�. � _�_._ _ � : � � � ..._.. F"___ � - • . ' _. ... � _�_' . ' . .� - � E' ��--� ��'��. .__" ..�.�..__"__�._�.E._�.. �.�.�-�'__ "_'�_��.._ _..�_�.�_.�_�-.�____ .. ,. =ie}� E '_------�-__.. F -'-� __. 1.. .. ... �__--= -- -:..:_:- ::� . _.:.�_ - 1. �5� _'�__�. .::::.- �_ ._..__� . . . ' D� "W ..-: =.- �---�----- _= ^-� :_ , . _ _ _ 931. 05 p --------- .-., ..,,; _.._ ,_ ___ _ _ . . .., , ,,:;, _ __ _ -- __ _ __.. _. a . . SER'v/CE ,- ° ir. L'. P. �AIVI TARY SE6'ER 4 �,,, �. I.P. WATcR MAIN _ _--- ---- i . . � � -_____----- � 1-��-� �'yp ;__, ___ _ , __ ( 1� '' Y-! . . . ' , c� 6' 1_.� (�)fJ ' / '� _--_ _._--_---- � � .12 ` cnt��;r}' o�= ��,A; t�1117'UP: L ��G;'E t: f•i[: �-i THlS /tGf�Et=t,iCt��l-, by .�nci i>cit•;c.�n St. f�lii 1! i�?'s Lui;l�crr,n Cl�u�-ch of f= r i d f cy, �.; i nnesot�,, ., re I i g;.ous cor{�or�,t i on or��n ; zec� under �;he L��t:�s of the St,,t� o-f ��linnesot��, ,-�r�d Gc<�rhzrt funet•�-�1 flomc lnc., a 69isinesot� Corpc�rz,tio►i. i T I S HE (iE6Y /iv1�Ei U, by �nd 1�etsYeer7 i l�e p �rt i es he+,eto ta��-�t : 4'�het�e<�s, S�. Phi 1 I ip's Lutl�er�n Churc{� is the o��rner ef Out � ots One ((� ��nd T�,ro (2�, ASoore Lake N ig}� 1�,nd Second Add i t i on, ger,er�-, 1 I y i oc<�-ted North of i�ioore L��ke, 1'�lest of F3 igl�ca�y T'o5 and Soutl-► of b'lesi: hioore L�-�t;e D�� i ve; �:r�d �rlhere��s, s� i d S-L-. Ph i 1( ip's Lutheran Church has park i ng f ac i! i� i e s f or ,pprox i mate 1 y 200 cars on sa + d�roper�;y; and 4�Ihereas, Ge�rh� rt Funer�l Nome t nc. , has made �pp 1 i ca� i ori fo^ a bu i 1 d i ng Qerm it to construct �� fun�r� 1 home on �� port i o� of Herwa I S�cond �dd i t i on, ( oc��ted on the Northwes� corr.er of YJ�st Ploore L�,I:e Dr i ve and H i ghw�y �65; �nd �ifhere�,s, the Fridley City Ordinances reguire parking f,ciiities in excess of th,t which can be provided on the property belongin� to Eearhart Funer��! Hame ]nc. th�,�: 0 N01'! TFIEREFORE, it is hereby �greed by �nd between the parties � 11.1�3 . � C� � 0 u I. Thcy w i 1 i ,nd hereLiy do er:tcr� i nto �-, rec i proc�� 1 par�: i ng �greemer�� wl�ereby n�em� ers of �-,nd visi�;ors to St. Phi I 1 ip's Luther��n Churcl-� m�,y u�;e -tF�e p�-•r�ing faci l i�ies of Ge�,rh�-,rt Funeral Home (nc., . fi�r overflo4•: ��-,rking �-�nd gue�:s of �e�,riz�,r� Fun�i�,! Nome Inc., m�y use the park i ng i,c i 1 it i es of St . Ph i I I ip` s Luther,n Church for overf 1 oe•� p��r�: � ng e �. ihe p��rties hcreto wi 1 I maint�in �dequ�,te publ ic I iabi ( ity i nsur�-�nce to pro�ect e�ch other fram ��ny �nd al I cl � i ms for neg I igence or� otF�er ! i�,b i( ity. . . 3. Ne ither p�ri:y sh�t i r-equ i re compens�-�t i on for the rec iproca I pi-�rking privilege. 0 ST. PN i LLl P'S LIITH�RAN CHllRCH / �_ `-- /�'// � 8y ��- �ti'�` vLt �r�.G� _�.:� � ��.- � Ji�;s� �4, eq!, f' lts Presid�nt GEAR1-i�IR i FllNERAL HOh1E i NC . ,� , > � f � gy ,, _f .. �� /Y l . ,,/� . � . . j-� � ts �'res i c�e�it . . 11.1� 4 � C:� �_ � . . � � P "� T... [ 1�..:........, a t l A T J1A/ 1'f L_. 77:�_ i A dS��.,� !1� A�:�t..� T._�_�._� Tr__'_\' i�G: Y i111ilILl:G 1Gl�UC�t� v r�t� ttyo-i�, py 1�11It J. 1Vllllt'.f �1Vllllrf 1� UIIrI"Ql riUlI1�). Per Section 205.15.03.C.(1} of the Fridley Zoning Code, to reduce the front yard setback from 84 to 37 feet to a11ow a minor building addition; and Per Section 2U5.15.03C.(3) of the Fridley Zoning Code, to reduce the rear yard setback from 40 feet to 24 feet to allow construction of an addition on an accessory structure on Lots 3& 4, Block 1, Heiwal2nd Addition, generally located at 6210 Highway 65 N.E. (l�ller Funeral Home), Fridley, Minnesota, 55432. The following residents of Baker Avenue express their opposition to the above variance request, which will result in a drop in property values and a loss in natural resource values ta their residential neighbarhood : �v�c� ,S�ar�a� ��z'�'�� -��P�- ��0� /��e.�- -� (P�� 11 ,� � �aae �� . � ��' � J� / �+-tp� ��,ic.�Ju� C� z�X� �3�!-��t�- � -� . � o c� ��' � -s � (, L.. (� �l �f1 � e�- �j f � � � y�� '� ,�,�l�e �.� �� ,�UE � ' � �� b�� 6y3� �� a s� ��2� c. � YylAc�-loc..��c z �7 �/e_ Y� f'(LC�/a u�i� zJ 7�j�y ��,-1��-- F,c�4iV"c/S �9, ✓�+N 1�AlY �,� -e�� ;�ti � e,\\S 6�J3 7 �j�/�.� � L 31 � �qiCelZ A UG � 3 � � �� C � -<1 vc - �9 ya. �� ,.. v •� �� ., ,� �� 3 � � c��. �r �� /i� G��'��j � �;��- � �oP��- �'r /31�f� � �� ,� -- 11.15 .�Y. � � � . � � t � �' ��► = � �- �t`�, � .� � \' , �J��' ��' Page 2 Nam� �k - �.�Address � 3 �� . �_ �- � �- S tu e (= c� t i�t ��l .� e�: �-� � 3 f S � i..-K� r� � I v� � �� „1� �� J � ��-e2 �✓.�J .�/� (a 3 a � �.��,2 ��P i `� � �. z � �2�� i�� , � �� d�� .��-� �� ,�-�v Y �� `�� -� � ��:� �� . �-��- �� -��_-� � � G`�� -� �t- -� �'� � �a � 0��=�,v. � . /�'��zT �'. C��r�� 7��` �� uI� >> � �e l,�e �. G � 3 � ��/�z.- � . �/, � ��,. ^ .��..� � z C�`�� L�tz�� 2 2� n�� -c' %I � � � � �nl, � !� (� L, � �rl � - vZ � U�f�.� � � �, � �-�-�ti�_ �I�� f ��- � i 11.16 0 I PARTIAL DRAFT FOR COUNCIL ITEM CITY OF FRIDLEY APPEALS COMMISSION MEETING, JUNE 26, 1996 CALL TO ORDER: Vice-Chairperson Kuechie called the June 26, 1996, Appeals Commission order at 7:30 p.m. ROLL CALL: Members Present: Larry Kuechle, Ken Vos, Carol Beaulieu, Members Absent: None Savage Others Present: Scott Hickok, Planning Coordinator Scott Lexvold, Miller Funeral Ho Arthur & Judith Montour, 261 EI Street N.E. Karen Russell, 6015 Main Str et N. E. - Doug & Betty Blase, 6264 er Avenue N.E. . David & Anne Shannon; 09 Baker Avenue N.E. MOTION by Ms. Beaulieu, seco Commission minutes as written. to ' MMISSIVN MIN TES: � Dr. Vos, to approve the May 29, 1996, Appeals UPON A VOICE VOTE, ALL V ING AYE, VICE-CHAIRPERSON KUECHLE DECLARED THE MOTION RRIED UNANIMOUSLY. ELECTION OF CHAIRP SON AND VICE-CHAIRPERSON FOR 1996-97: MOTION by Ms. Sav ge, seconded by Ms. Beaulieu, to move the elections to the end of the agenda UPON A VOI VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KUEGHLE DECLARED HE MOTION CARRIED UNANIMOUSLY. 1. C NSIDERATION OF A VARIAN E RE UEST'VAR #96-11 BY PET FO� ARFH(111�F• ickok stated that after a review by the City Attomey, it was determined that this �ce request was not necessary due to an earlier yariance request.that was ' 11.17 1996 approved for this site. Since it was stipulated that if there was a change in the face of the sign, it would have to go through the variance process, this variance is not needed and the change ca ove ahead. The sign proposed by Pet Food Warehouse will replace in exact di sion the sign already on the site. There will just be a different message the sign. 2. PUBLIC HEARING� CONSIDERATION OF A VARIANCE REQUEST VAR #96- 12, BY KIM J. MILLER (MILLER FUNERAL HOME): Per Section 205.15.03.C.(1) of the Fridley Zoning Code, to reduce the front yard setback from 80 feet to 37 feet to allow a minor building addition; and Per Section 205.15.03.C.(3) of the Fridley Zoning Code, to reduce the rear yard setback from 40 feet to 24 feet to allow construction of an addition on an accessory structure on Lots 3& 4, Block 1, Hervual 2nd Addition, generally located at 6210 Highway 65 N.E. (Miller Funeral Home), MOTION by Ms. Beaulieu, seconded by Dr. Vos, to waive the reading of the public hearing notice and to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARlNG OPEN AT 7:36 P.M. Mr. Hickok stated he would like to make a clarification in the staff report. In the description of the request, three variances were listed: (1) Principal building - to reduce the front yard setback from 80 feet to 37 feet; (2) Garage structure - to reduce the rear yard setback from 40 feet to 24 feet; and {3) Parking - a reduction in required parking stalls from 94 to 87 spaces. Mr. Hickok stated the third variance is erroneous in that the calculations made by staff were based on two floors of usable space. Since the staff report was written, it has come to staffs attention that this is a one story building without a lower level of usable space; therefore, the number of stalls are reduced. !t is important to note that the reduction in parking is not part of the variance request. However, staffs recommendation for denial will remain unchanged: Parking is still an issue on this site. Because of the number of stalls being reduced and based on the parking demands on the site; staff continues to recommend denial of the garage structure variance. Mr. Hickok stated the property is located at the corner of Highway 65 and West Moore Lake Drive. The request before the Commission is to allow the construction of an 80 foot by 30.7 foot addition on the south side of an existing briek garage, just west of the 11.18 APPEALS COMMISSION MEETING. JUNE 26, 199s PAGE 3 existing parking lot. In order to allow this construction to occur, the rear yard is being reduced from the 40 feet required on a commercial property which badcs up to a residential property. If the variance is approved, the dimension of the rear yard would be 24 feet. Mr. Hickok stated the second variance is the front yard setback. In this district, a front yard setback is 80 feet. If the variance is approved, the front yard setback would become 37 feet. Mr. Hickok stated the petitioner is requesting the Commission to approve a variance that would allow the funeral home to construct an addition and fill in the void on the south side of the building. The dimension of that addition would be 6 feet by 32 feet, essentially squaring off the building. Mr. Hickok stated staff has evaluated the variances which includes the petitioner's hardship. The hardship as stated by the petitioner is: "Change usage of building to single locale requires more storage/viewing space." He believed the hardship staterr�ent needed clarification from the petitioner. From recent discussicjns� it was staffs understanding that the addition to fhe building would allow an irrte�or modification of space and allow the petitioner to more efficiently use ttie irrterior of the building for gatherings. � Mr. Hickok stated that the garage addition was described to staff on site that day as a combination of storage, vault sales, and residential. There is an issue of the combination of commercial and residential that siaff will want to look at in its recommendation alsa Mr. Hickok stated the public purpose served by an adequate front yard setbadc is to provide a co�sistent sight line down a street front and an adequate landscaping area in front of the building. The impact of this addition on the principal building will really not be seen from a sight line perspective. Mr. Hickok stated that regarding the addition to the garage, the intent of the c�de to provide a separation of 40 feet from a commerciai entity to the rear lot line is to provide a separation between uses. In this case, there was a 40 foot planting buffer that was platted as part of the residential development which'assured a buffer between the commercial and residential. The rear yard variance request will somewhat affect the edge of the tree line; however, staff has taken some photos.which will help better describe how many trees will be affected. It is his understanding that the trees withi� the footprint of the building will be removed, and the trees lying outside the footprint of the building will remain as a planting buffer. 1�.19 APPEALS COMMISSION MEETING, JUNE 26, 1996 PAGE 4 Mr. Hickok stated that staff recommends approval of the front yard variance from 80 feet to 37 feet as the impact of this enclosure is essentially filling in the void in the building's face. Mr. Hickok stated that staff recommends denial of the rear yard variance from 40 feet to 24 feet, because of the reduction in parking spaces. Mr. Hickok stated the Miller Funerai Home has a reciprocal agreement which allows the funeral home to have parking across the street at St. �hilips Lutheran Church. If the Commission decides to recommend approval of the variance request, staff recommends the following stipulations: 1. The petitioner shall dedicate a 10 foot drainage and utility easement parallel with and adjacent to the west line of the existing drainage and utility easement. 2. The petitioner shall submit a grading and drainage plan and calculations for stormwater run-off. 3. Adequate informational signage regarding off-site overflow parking and pedestrian crossing be installed prior to commencement of construction. Mr. Hickok stated that earlier he had talked about the residential use in a commercial district. If the Commission chooses to approve the variance request, staff would also rscommend a fourth stipulation: 4. The petitioner shall apply for and receive a special use permit in accordance with Section 205.15.01.C.(12) which states that: "Any combination of office, retail, or residential use shall have a special use permit." Ms. Savage stated this reciprocal parking agreement was signed in 1967. She stated that Northwest Racquet, Swim & Health Club runs a shuttle service to and from St. Philips Lutheran Church. She wondered if the parking situation has changed after all these years and if the church still has enough paricing spaces to accommodate both parking agreements. Mr. Hickok stated that is a good question. St. Philips Lutheran Church does have a similar agreement with the health club, and he believed that they view these as alternate peak times. Another good question is: Can the Church realistically handle the funeral home using another 7 stalls? 11.20 APPEALS COMMISSION MEETING, JUNE 26 1996 PAGE 5 Mr. Kuechle asked how many parking spaces are required by code. Mr. Hickok stated that using the redescribed footprint of the principal buiiding, the code would require 44 parking spaces. The funeral home now has 87 parking spaces. The code does give the City discretion, in situations where parking demands take a site beyond its ability to handle the parking, to require additional stalls. Staff is not saying at this time that the petitioner must replace those 7 stalls. Staff is recommending denial because it is a site that requires this parking lot and the parking lot at St. Philips to have a lot of cars. It is quite a bit to take away 7 stalls from this site. Mr. Kuechle asked Mr. Hickok if he was aware of any tra�c or parking problems. Mr. Hickok stated he was not. Ms. Savage asked if staff s recommendation for denial was based only on parking, or are there other concerns or problems? Mr. Hickok stated there is certainly a valid concern that the garage encroaches into a wooded area. It took the site evaluation to understand how many of the trees would be left if construction took place. There is a 40 foot planting strip and then 24 feet in addition to that 40 feet that is a mix of cottonwoods. A neighbor estimated about 70 trees in that area. Based on trees alone, staff would not recommend denial, but that may be something the Commission might like to discuss. Staff believes the most significant impact is the parking loss. Mr. Scott Lexvold stated he is an employee at Miller Funeral Home. He stated he would be happy to better clarify the hardship. About two years ago, Miller Funeral Home, Inc., sold off two of its locations and the Fridley locatio� is now the only location. This means that in the last two years, they have had to upgrade their embalming area to OSHA regulations which means expanding to include a shower. They have had to set up a business office and bring in supplies for the business office and cleaning supplies for other preparatory things not done at this funeral home until now. They are trying to slowly expand the usable space in the main building so there is more space for their guests. This means taking away some of their storage space. Mr. Lexvold stated that as far as the residential use, Mr. Miller has permanent residence at the funeral home. It is a requirement of a funeral home to have someone on site 24 hours a day for security and to protect the valuables on site. The living area is an 8 foot by 10 foot room. The proposed garage addition would give Mr. Miller a little more habitable space in which to live. 11.21 APPEALS COMMISSION MEETING, JUNE 26. 1996 PAGE 6 Mr. Lexvold stated they basically have four difficulties right now: (1) storage; (2) viewing area; (3) casket showroom; and the (4) living area. Mr. Lexvold stated that regarding the rear yard variance, he wouid like to better expiain what they plan to do. He showed the floor plan of the garage expansion. The majority of the space will be for an arrangement office and casket showroom. Also planned are the living quarters for Mr. Miller and increased storage space. Mr. Lexvold stated the public purpose that is stated for the setbacks is not compromised. The spacing between the commercial and residential is adequate. There is still a 40 foot planting strip plus an additional 24 feet after construction, and this is more than what is asked for and considered in the public purpose. He believed 64 feet is quite an adequate buffer. It is not an open alley; it is a heavily vegetated area so the visual impact is minimized in that area Mr. Lexvold stated another part of the public purpose was fire-fighting access. Again, spacing is still there for fire-fighting purposes. The construetion will match the existing garage which is cement block with brick face. That will also minimize fire-fighting. There will be no windows in the rear of the garage, maybe a service entrance to the living area, but most of the fire-fighting would be from the roof down. � Mr. Lexvold stated that as far as aesthetics, again the trees are back there. Each person has his/her own personal view of aesthetics, and he cannot necessarily answer all the neighbors' concerns. He believed the impact is going to be minimal. To a certain extent, the trees are a problem to them as they get very little benefit from them. Last year, they had to remove a lot of ice damaged trees. He stated that when they constructed the existing garage, there was a minimal impact to the trees; and in the last 18 months, the trees have grown back as thick as they were before the construction. The building will effectively block the lights and the parking lot noise which he thought would be a benefit to the neighbors. Mr. Lexvold referred to the City Code. He stated mortuaries are listed as a principal use in the C-2 district (Section 205.14.01.A.(7)). In the C-2 district, the setbacks are 35 feet for the front yard and 25 feet for the rear ya�d. In the C-3 distri�t under "Principal Uses", it states that "All uses allowed under C-1 Principal Uses and C-2 Principal Uses of this Chapter, provided they meet the following conditions: (a) All uses are located within a shopping district building or a cluster of three or more uses using common or shared parking facilities, or (b) The use facilities require a minimum of 100 parking spaces." (Se�tion 205.15.01.A.(2)(a)(b)). In the same district, Section 205.15.01.D Additional Restrictions states: "For uses, other than principal uses, cequirements as to lot size, setbacks, building, parking, landscaping, screening, etc., shaft be a# least comparable to similar uses in other districts, but also subject to additional provisions as _ 11.22 APPEALS COMMISSION MEETING. JUNE 26 1996 PAGE 7 provided by the City." He stated they are just a mortuary. He interpreted this all to mean that they should be allowed C-2 setbacks because they are a C-2 business. They are not a principal use in a C-3 district. If that is allowed to them, that means their actual variance would only be 1 foot, from 25 feet to 24 feet. Mr. Lexvold stated that regarding the parking spaces, in Section 205.15.05, they are required one space per 100 square feet for assembly area. Their building in its entirety is only 90 feet by 66 feet or 5, 940 square feet with 60 spaces. The addition is 80 foot by 30 feet for another 2,456 square feet. Under the requirements, they are only required to have 84 parking spaces. After removing the 7 spaces, they will still have 76 spaces. There are areas in the parking lot, if they drew parallel parking lines, they could accommodate a total of 84 spaces. Staff has said they are only required to have 44 spaces based on a more specific breakdown of uses in the building, and they have 76 after the addition. That is almost double what is required. Even if they are required to have more in the C-3 district, how many more is more? They also have the reciprocal parking agreement with St. Philips Lutheran Church for approximately 200 spaces. Their use of the lot tends not to cor�flict with church activities. Mr. Lexvold stated that regarding the parking agreement between St. Philips Lutheran Church and the healtfi club, this has not been a problem. It has not been discussed, but there has been no cause for discussion. Mr. Lexvold stated they have gotten a bid on the informationa! signage for off-site overflow parking and pedestrian crossing. Mr. Lexvold stated he would be discussing the requirement for a special use permit for the residential use on commercial property with staff. Dr. Vos asked the petitioner if he had any problem with the stipulation for a drainage and utility easement. Mr. Lexvold stated they do not have a problem with the easement. Dr. Vos asked the petitioner if he felt there would be more traffic in the back part of the parking lot after the expansion of the garage than there is now. Mr. Lexvold stated that because that is going to be their arrangement office, there would be increased traffic in that end of the parking lot. During visitation times when there is the highest volume of traffic, the traffic in that end of the parking lot would not change. So, they will have more traffic in that end of the parking lot, but it will not be during the peak times. 11.23 APPEALS COMMISSION MEETING, JUNE 26, 1996 PAGE 8 Ms. Beaulieu asked if the petitioner has discussed these plans with any neighbors. Mr. Lexvold stated he has discussed it with one of the neighbors. This neighbor's concern was losing the trees, that the loss would affect his shade and noise buffer. The trees they would be taking are on the highest ground so they are the tallest trees. They will definitely try to minimize the loss as much as they can. Mr. Kuechle asked if the petitioner has considered not keeping the roofline straight but offsetting it lower. Mr. Lexvold stated they have not discussed that option. Mr. Kuechle stated he thought dropping the roofline on the garage expansion would eliminate the long straight line looking down a long narrow building. Mr. David Shannon, 6209 Baker Avenue, stated he lives directly behind Mlller Funeral Home. His biggest concern is the possible loss in property value. He is concerned about losing trees which give his house a nice visual effect and provide shade. He is concerned about possible drainage problems in his backyard. When there is a lot of rain, he and some of his neighbors have a lot of water in their backyards. Any additional erosion will fill up the ditch more causing more drainage problems for the neighbors. Mr. Shannon stated he is somewhat concerned about a residential residence on commercial property. Mr. Shannon stated he has collected signatures from 25 neighbors on Baker Avenue who are objecting to the variance request. They are concerned about the encroachment on that buffer zone: The zoning laws are written for a reason to separate commercial and residential districts, and they feel this is a valuable buffer to have there. Mr. Shannon stated Mr. Lexvold mentioned the fact that the garage would more effectively block the noise and the lights from the parking lot. He stated the lights a�e above the roofline of the garage, so the garage does not block any light. In the wintertime, there is a lot of light from the parking lot because there are no leaves on the trees. In the summertime, his yard looks beautiful. When it is winter, he is going to have to look at a cement wall. He is not very happy about the visual aspects of that. One of the reasons they purchased this home three years ago was because of the beautiful back yard with all the beautiful trees. Taking out trees might affect his property value. 11.24 APPEALS COMMISSION MEETING, JUNE 26. 1996 PAGE 9 Mr. Shannon stated he has estimated that about 13 trees will have to be removed for the construction, and he can see the potential for the taking of more. Those 13 trees are large trees from 7-18 inches in diameter. Some are 60-70 feet tail. Those cannot be replaced overnight. How can they be guaranteed that the funeral home is oniy going to take those trees within the staked area? Mr. Shannon stated that several of his neighbors are concerned with the commercial encroachment through that buffer zone and are very united in opposing it. He would like the Commission to take the neighbors' concerns into consideration when making its decision. MOTION by Dr. Vos, seconded by Ms. Beaulieu, to receive into the record the petition submitted by the Baker Avenue residents. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KUECHLE DECLARED THE MOTiON CARRIED UNANiMOUSLY. Mr. Douglas Blase, 6264 Baker Avenue, stated he does give the funeral home credit for cleaning up the property. It did not always look this nice. He stated the neighbors really enjoy the heavily wooded area befinreen them and the funeral home. He agreed with Mr. Shannon that their property values will decrease if these trees are cut down. If the funeral home cuts once, they will cut again. Ms. Karen Russell, 6015 Main Street, stated she is President of the congregation at St. Philips Lutheran Church. She stated she would make a comment regarding the reciprocal parking agreement between Miller Funeral Home and St. Philips. She stated they do share parking. She stated no concerns regarding parking have been brought to the board in the last 20 years. Mr. Lexvold stated that regarding the water problems in the creek, he would hope that fhis construction would actuaiiy improve the waterflow. On the northern border of the parking lot, there is a cement apron going down to the northem area that is a holding pond. That holding pond fills up and slowly drains into a 4-inch pipe that flows into the creek. If they add onto the existing garage, rather than the water running off the roof and going into the creek, the vents from the garage should route all the water and give it more time for the water to clear before entering the pipe and draining into the creek. The Engineering Department could tell them about any increased water. Mr. Lexvold agreed with Mr. Shannon that they cannot replace a 60 foot tree overnight, but they do grow fast. He agreed it is a concern and would be an immediate sight problem, but it would be short term. He beiieved that within 2-3 years, the trees would have all grown back in again. 11.25 APPEALS COMMISSION MEETWG JUNE 26 1996 PAGE 10 Mr. Lexvoid stated he befieved the buffer betv►reen commercial and residential properties is supposed to be 40 feet. With the 40 foot planting buffer, and the additional 24 feet, there is 64 feet between the commercial and residentia) properties. Ms. Savage asked what the petitioner would do if the variance request is denied. Mr. Lexvold stated they have functioned foc two years with inadequate space, and they could probably continue for awhile. One discussion was to see if they could expand the main building to the west. One problem with that is where the utilities are located, and it would be very expensive to move those utilities. Expanding the garage was the least expensive option and the least intrusive for the property as far as changing the look and the function of the property. Dr. Vos stated it is possible the petitioner could find another place to put the building in the parking lot. The neighbors have to realize that if that was done, there would be parking all along the rear of the property which would mean a lot more noise and traffic. Dr. Vos stated he is really struggling with the hardship as stated by the petitioner MOTION by �Ms. Savage, seconded by Dr. Vos, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:35 P. M. MOTION by Dr. Vos, seconded by Ms. Savage, to recommend to City Council approval of variance request, VAR #96-12, by Kim J. Miller to reduce the front yard setback from 80 feet to 37 feet to allow a minor building addition to the pcincipal building on l.ots 3& 4, Block 1, Herwal 2nd Addition, generally located at 6210 Highway 65 N.E. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Beaulieu stated she could not recommend approval of the rear yard setback because of the neighbors' objections: She coultl understand the neighbor's concern in not wanting to see a 40 foot long brick wall. Ms. Savage stated that on one hand the funeral home has a hardship in the fact that they need additional space and are having difficulty in providing that additional space. But. she is also concerned about the neighbors' objections and that there is a visual impact to the residential property. There is also the problem of the loss in parking spaces. She would recommend denial of tMis variance. 11.26 APPEALS COMMISSION MEETING JUNE 26 1996 PAGE 11 Dr. Vos stated he would have a probtem recommending approval because he has a problem with the hardship. There are other piaces on the property where the building could be placed that would not require a variance. However, if that was done, it would require the taking of more parking spaces than the 7. There is kind of a quasi-hardship in the City requiring that there be more parking spaces than that required by code. Mr. Kuechle stated he is concerned about the neighbors' objections. However, there is already a 40 foot buffer and an additional 24 feet, making the commercial building 64 feet away from the residential district. He can understand what the City is asking for in terms of parking spaces, but when legally only 44 spaces are required, he had a hard time saying more are needed. He can understand the City's desire_for more, and he wished there was a different code requirement for funeral home parking. There should be as much on-site parking as possible. He believed the funeral home has made the best out of a difficult situation, and he would recommend approval of the rear yard variance. Mr. Hickok stated the code does stipulate that the City may require additional parking when the provision of parking spaces required for a specific use is inadequate. That would be the case in this situation. As staff evaluated this situation, they felt that the existing spaces are heavily utilized and, therefore, the funeral home should be required to have more spaces. Mr. Kuechle stated he agreed with that. The problem is that only 44 are required, and the funeral home has 87. They are almost 100% over the number of spaces required. How many spaces does the funeral home need? Mr. Hickok stated that there are times in their evaluations when staff finds the use and the code requirements do not coincide. StafPs instincts about this site are that the site does call for more spaces than what the simple breakdown requires. That is strengthened by the fact that this funeral home was once a satellite location but is now the main location. He wanted the Commission to know that staff does not feel they are being unduly difficult; they are just trying to look at the demands they see on the site and trying to approximate the number of spaces needed to meet those demands. Mr. Kuechfe stated he did agree with staff. He is just uncomfortable with the fact that they cannot attach specific numbers to the parking requirements. MOTION by Ms. Beaulieu, seconded by Ms. Savage, to recommend to City Council denial of variance request, VAR #96-12, by Kim J. Miller to reduce the rear yard setback from 40 feet to 24 feet to allow the construction of an addition on an accessory structure on Lots 3 and 4, Block 1, Herwal 2nd Addition, generally located at 6210 Highway 65 N.E. 11.27 APPEALS COMMlSSION MEETlNG, JUNE 26, 1996 PAGE 12 UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Hickok stated this item will go to City Councii on July 8, 1996. 11.28 MEM�RANDUM PLArTI�TING DIVISION DATE: July 1, 1996 TO: Witliam Bums, City Manager �u� � FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Kurt Jensen-Schneider, Planning Assistant SUBJECT: 1996 CDBG Human Service Fundinq Recc�mmendations On June 6. 1996, the Human Resources Commission met to develop the funding recommendations for the 1996 Community Development Blodc Grant Human Service funds. On June 19, 1996, the Planning Commission reviewed and c:oncurred with the Human Resources Commission's allacation recommendations. Attached to this memo is a list of the Human Resources Commission's funding recommendations for 1996. Also attached to this memo is a summary of each organization's request and a copy of a resolution v�vhich authorizes the City to enter into contracts with the grant recipients. Recommendation Staff recommends the City Council adopt the attached resolution as submitted by the Human Resources Commission. KJS:Is M-96-301 HUMAN RESOURCES COMMISSION'S 1996 CDBG FUNDING RECOMMENDATIONS ?.i:y: •li:: r'-'�ii?-.•::::i-::�v�+" •. •...�....:::iiY:::Yii:`s:.iB::Y:::J::i%.i}:i�:}::r:?Yi...-.i::;f.,:ti:}• s?::iih. . �i �?:..•-ryti: •: } :- '. K�. . 4�:-:ti"�:�r -._ v.-:: •: •:: vv.r.•: -�r :..'�'.�.v:t•: }.�': �Sr:�i.::::�:" "v":::::::�.. : \ :. •::.{fif.•: rv� '� -: �:•: •: ::r•: :•:::'::':::::•.,.. � . � . . . . :, .. - z;c: t.,.°:;•:;-:<�: . .. ^if� ..L;F:�:;:•i:�•.,-;....:��-- :'v'-"6_��i r.nk',.`+ii ::'�. v5� :+i•ti:�:v:}ii:�i • �'ii}:+ •: i r \*�.vr:. v. �8r .x;/i vi{:{ih?v " �::: :^::: :•: "'. ......•: ".r'.""r1.•::�i.i::?:.'':i�;ii{.;.;:;};:}-:;i{{.; �iiJ::::�ii::i;:::.; �:r ' "�': 4\. :.." i""{}n}•iv?:• ^�i�IS -. . �... . " �: :;:.w>:.v::::::...,t.;` • ::i4C.v :�:CL{�:� +`•:-x�::�.v v �Y•'r .w . •E • � >..;...::.::,�<�� -x � ��;��tt��l�;t�#:�:��{��. >.� . . �5 . w.. >: �: :� '�` --� .:: . :.: }� �� • 4 t._vv "2v+'c.�' F.n n. vrx: .\ '' l�iS�.�,`��',�.�-,.,.��,��.,.�"�,.�, :: y� �'•'Y�{.',�} .....x. .. a .......""' J::v.:.�x;5.. ��2?��5��::•:.. '«,. 5.. a::..�.4::'.:-::ix•i::}:::._.i...... .'+•�;...::::::»..::}si.:::-:-i:�:i�::::• :::::::::::::•}:::•::•::...::....R4�S.:.?:i:. ..:i � v {x,-:.: A Blanket of Hope $2,500 Alexandra House" -�- ACCAP Senior Outreach $6,500 Arc of Anoka and Ramsey Counties -0- Banfill Locke Center for the Arts -0- Central Center for Family Resources $2,500 Fridley Recreation & Natural Resource Department $5,000 Community Emergency Assistance Program $2,500 Fridley Senior Program $2,500 Northwest Suburban Kinship -0- Nucleus Clinic $3,000 Southern Anoka County Community Assistance $2,500 St. Philips Lutheran Church $3,000 Tamarisk -0- *Also Included with the HRC motion to recommend funding was a recommendation to allocate any returned funds to Alexandra House. ** As requested by the Council, grants have been awarded in no less than $2,500 amounts. 12,02 RESOLUTION NO. -1996 RESOLUTION AUTHORIZING AGREEMENTS BETWEEN THE CITY OF FRIDLEY AND RECIPIENTS OF 1995-96 FEDERAL COMMUNITY DEVELOPMENT 6LOCK GRANT FUNDS WHEREAS, 1996-97 Federal Community Development B1ock Grant (CDBG) monies have been made availabie to the City of Fridley; and WHEREAS, Anoka County Officiats administering CDBG funds require that the City enter into contracts with each service provider, and WHEREAS, at its meetings of May 16, 1996, and June 6, 1996, the Fridley Human Resources Commission reviewed and recommended 1996-97 CDBG funding to human service organizations as listed below; NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF FRIDLEY authorizes the Mayor and the City Manager to execute agreements between the City and the following organizations for the provision of senrices in acxordance with Federal CDBG regulations: OrQanization Amount A Blanket of Hope ACCAP Senior Outreach Central Center for Family Resou�ces Fridley Recreation & Natural Resources Department Community Emergency Assistance Program Fridley Senior Program Nucleus Clinic Southern Anoka Community Assistance St. Philips Lutheran Church $2,500 $6,500 $2,500 $5,000 $2,500 $2,500 $3,000 $2,500 $3,000 Pumose Supplies/Clothing Materials Senior Out�each Peer Support Scholarship Program Food/Special Needs Assist. Senior Companion Program Family Planning Food/Clothing Youth Program PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1996. ATTEST: WILLIAM A. CHAMPA - CITY CLERK 12.03 WILLIAM J. NEE - MAYOR CDBG HIIMAN SBRVICS FIINDING REQIIEST 1996 APPLICATION SIIMMARY FORM APPLICANT NAME: APPLICANT ADDRESS: AMOIINT REQIIESTED: AMOUNT RECOMMENDED: A BLANKET OF HOPE 6161 5TH ST. NE FRIDLEY, MN 55432 $5,000 $2,500 AGENCY FUNCTION: To meet the needs of low and moderate income persons and families in an effort to promote self sufficiency and positive self esteem. DESCRIPTION OF FIINDING REQIIEST: Funding would be used to fund start-up costs including supplies and materials. The service provided will include new clothing, house supplies, financial planning assistance and goods and services not available through current government, local and non-profit agencies. PAST FIINDING HISTORY (5 YEAR3j: 0 �s`��I��N�;.' •I � � ; • � • ' ' � ; �� : *This is the first year A Blanket of Hope has applied for funding. 12.04 CDBG HIIMAN SERVICS FIINDING RFQIIEBT 1996 APPLICATION SIIMMARY FORM APPLICANT NAME: APPLICANT ADDRE88: AMOUNT REQIIESTED: AMOIINT RECOMMENDED: ALEXANDRA HOUSE, INC. P.O. BOX 49039 BLAINE, MN 55449-0039 $5,000 $0 AGENCY FUNCTION: Provide support services to battered women and their children and their youth through: safe, temporary emergency shelter, crisis intervention, individual and systems advocacy, support networks, education for battered women and their children and youth and community education. DESCRIPTION OF FtJNDING RBQII88TS To pay a portion of the leqal advocates salary to support the services provided to battered women and'their=children and youth through the Intervention Program in Fridley. The intervention program purpose is to intervene at strategic points in the police, court and counseling systems in order to coordinate and effective and consistent response to domestic violence. � PAST FIINDING HISTORY (5 YEARS): � 1995 2994 1993 1992 1991 AMOIINT RECEIVED $ 2,000 $ 3,500 $ 3,500 $ 4,000 $ 4,000 12.05 DESCRIPTION OF PIIRPOSL Legal Advocates Salary Advocate Training Community Education Shelter Subsidies Hospital Advocacy CDBG HUMAN SERVICE FIINDING REQUEST 1996 APPLICATION SUMMARY FORM APPLICANT NAMF.: APPLICANT ADDRESS: AMOUNT REQIIE3TED: AMOIINT RECOMMENDED: Anoka County Community Action Program 1201 89th Avenue NE, Suite 345 Blaine, MN 55434 $9,296 $6,500 AGENCY FUNCTION: To provide service to Anoka County Community members in need. Senior programs, volunteer programs and community assistance are the functions of the agency. DESCRIPTION OF FIINDING RBQIIEST: To fund the Senior Outreach Program which is administer�d by ACCAP. The program provides outreach to vulnerable, isolated seniors and disabled adults within the City of Fridley. Assistance- in. accessing social, medical, financial, nutritional or other services is provided through an Outreach Worker. PAST FUNDING HISTORY (5 YEARS): YEAR 1995 1994 1993 1992 1991 AMOIINT RECEIVED $ 6,000 $ 5,534 $ 5,100 $ 5,100 $ 5,100 12.06 DESCRIPTION OF PIIRPOSL Senior Outreach Senior Outreach Senior Outreach Senior Outreach Senior Outreach � CDBG HIIMAN SERVIC$ FUNDING REQIIEST 1996 APPLICATION SIIMMARY FORM APPLICANT NAME: APPLICANT ADDRESS: AMOIINT REQUESTED: AMOIINT RECOMMENDED: Arc of Anoka & Ramsey Counties 1201 89th Avenue NE Suite 305 $2,500 $O AGENCY FUNCTION: Arc of Anoka and Ramsey Counties is an advocacy organization consisting of people with developmental disabilities, parents, professionals and concerned citizens. Arc is a nationwide disability rights organization with the major focus at the local or grassroots level. They provide family services, community awareness and planning, a toy and adaptive equipment library and leadership programs. DESCRIPTION OF FIINDING REQIIEST: Funds will be used to support the most essential services offered to residents of Anoka County and specifically Fridley. These services will encompass a wide range of activities including leisure services, information and referral services; one-to-one advocacy and problem solving with adults with disabilities and the Toy and Adaptive Equipment Lending Library. PAST FUNDING HISTORY (5 YEARSj: YEAR AMOIINT RECEIVEIZ 1995 $ 2,500 1994 $ -0- 1993 $ 1,000 1992 $ 1,000 1991 $ 2,000 12.07 nFSCRTpmTON OF PIIRPOSS Adaptive Library Summer Camp Scholarships Drop-in Center Family Services "Community Connections" CDBG HIIM2�N SERVICE FIINDING REQIIEST 1996 APPLICATION SIIMMARY FORM APPLICANT NAME: APPLICANT ADDRESS: AMOUNT REQUESTED: AMOUNT RECOMMENDED: Banfill-Locke Center For the Arts 6666 East River Road Fridley, MN 55432 $5,000 $0 AGENCY Fi7NCTION: The center seeks to serve aspiring artists and all members of the general public who seek enrichment. The mission of the agency is to promote an awareness and nurture an understanding of arts, develop an appreciation of artistic excellence, and provide opportunities for the public to experience and develop the creative . process. DESCRIPTION OF FIINDING REQIIESTs Funds are sought for four areas: 1. 2. 3. 4. Ongoing expenses for current offerings of classes, exhibitions and arts related activities that already serve the needs of seniors and children in Fridley. The continued development of new arts related opportunities and programs in conjunction with the Fridley Community Education Program. A writing class for seniors. Administrative costs to implement and continue programs. PAST FUNDING HISTORY (5 YEARBj: � 1995 1994 1993 : � • �� M � ' ' '�' � �� 12.08 DESCRIPTION OF PIIRPOSE Increase class offerings N/A Did Not Receive Funds CDBG HIIMAN SERVICE FIINDING REQIIEST 1996 APPLICATION SIIMMARY FORM APPLICANT NAME: APPLICANT ADDRESS: AMOIINT REQIIESTEDs AMOIINT RECOMMENDLD: Central Center for Family Resources 1485 81st Avenue NE Spring Lake Park, MN 55432 $3,000 $2,500 AGENCY FIINCTION: To reduce situational stress of multiproblem families (i.e. abuse, neglect, chemical use, juvenile status offense, behavior difficulties, unemployment), to increase family strengths and coping skills, and to reduce the involvement of juvenile clients in the justice system and encourage increased coping skills. DESCRIPTION OF FUNDING REQIIEST: The focus of this,request,.is an expansion of.services;to children ;-. and adolescents in peer support: Children's peer`support groups are led by trained facilitators and involve participants from 5-13 years of age. The purpose is to heip children learn and understand their feelings, defenses, and process of decision-making. The adolescent groups are facilitated by therapists and are for youth ages 13-18. Issues addressed include peer relationships, school problems, and choices concerning relationships. In 1995, an additional 43 Fridley children were served. PAST FUNDING HISTORY (S YEARBj: Y.FB$ 1995 1994 1993 1992 1991 AMOIINT RECEIVED $ 3,000 $ 2,000 $ 2,000 $ 2,000 $ 3,400 � 12.09 DBSCRIPTION OF PIIRPOSE Counseling Services Counseling Services Counseling Services Counseling Services Counseling Services CDBG HIIMAN SERVICE FIINDING REQIIEST 1996 APPLICATION SIIMMARY FORM APPLICANT NAME: APPLICANT ADDRESS: AMOIINT REQIIESTED: AMOIINT RECOMMENDED: AGENCY FIINCTION: City of Fridley Recreation and Natural Resource Department 6431 University Avenue NE Fridley, MN 55432 $8,000 $5,000 To provide safe, healthful, and creative leisure-time programs to meet the needs and interests of the public. DESCRIPTION OF FIINDING RFQIIE$T: To expand a scholarship program to subsidize all ages of youth with recreation program°-fees. This'program will;give,Fridley families who meet income guidelines the opportunity to participate in recreational activities they may not otherwise have. PAST FIINDING BISTORY (5 YEARS): �B8 1995 1994 1993 1992 1991 AMOIINT RECEIVED $ 2,500 $ 5,000 $ 5,000 12.10 DESCRIPTION OF PIIRPOSE Middle School Scholarship Middle School Activities Youth-at Risk Program . CDBG HDMAN SBRVIC$ FIINDING REQIIEST 1996 APPLICATION SIIMMARY FORM APPLICANT NAME: APPLICANT ADDRESB: AMOIINT REQIIESTEDt AMOIINT RECOMMENDEDt Community Emergency Assistance Program 1201 89th Avenue NE, Suite 130 Blaine, MN 55434 $ 3,000 $ 2,500 AGENCY FIINCTION: To prevent a crisis for an indiuidual or family through the provision of intervention services, and to assist clients in receiving long-term self- sufficiency services. DESCRIPTION OF FIINDING REQII$STt . CEAP'S services offer families an alternative to economic dependence. By helping families-help themselves,.special needs - assistance sand family loans help families gain self esteem and prevent crisis from�occurring. CEAP's services offer supplementary food to people living in Anoka County. When people have received emergency food assistance more than three times per year, CAP staff refer them to a long term self sufficiency program. PAST FUNDING HISTORY (5 YEARB)t YEAR" 1995 1994 1993 1992 1991 AMOUNT RECEIVSD $ 3,000 $ 3,000 $ 2,000 $ 2,000 $ 2,000 12.11 DESCRIPTION OF PIIRPOSE Special Needs Assistance Special Needs Assistance Food Shelf Food Shelf Direct Assistance CDBG HIIMAN SERVICS FIINDING REQIIEST 1996 APPLICATION SIIMMARY FORM APPLICANT NAME: APPLICANT ADDRESS: AMOIINT REQIIESTED: AMOIINT RECOMMENDED: FRIDLEY SENIOR PROGRAM 6085 7th St. NE Fridley, MN 55432 $ 4,000 $ 2,500 AGENCY FUNCTION: The mission of the Fridley Senior Program is to provide social - educational- recreational program, outreach services, and information for persons, 55 years and older living in the Fridley area for the purpose of enhancing the quality of life in the community. DESCRIPTION OF FIINDING REQIIEST: Funding would be used to continue to offer the Senior Companion Program. The senior companion makes friends with the lonely and helps them with simple errands as friends would, keeping isolated elderly independent and living at home. The companions primary goal is to cheer and relieve boredom of isolated older adults in the community. Companions receive a stipend for their work and support services. Funding would also be used to assist in the handyworks program. PAST FIINDING HISTORY (5 YEARS): YE.8�8 1995 ; � • ��,1+ �.' ' y" � �� 12.12 DESCRIPTION OF PIIRPOSE Senior Companionship CDBG HUMAN SERVICS FIINDING REQIIEST 1996 APPLICATION SUMMARY FORM APPLICANT NAME: APPLICANT ADDRE88: AMOIINT REQIIESTED: AMOIINT RECOMMENDED: Northwest Suburban Kinship 1323 Coon Rapids Blvd. Coon Rapids, MN 55433 $ 2,500 $ 0 AGENCY FIINCTION: To help youth from the City of Fridley. This is done through having a mentor that would have a positive influence in there � lives. Kinship helps the youth stay out of the court systems and off of the county system which helps them become a productive member of the community. DESCRIPTION OF FIINDING REQIIEST: Kinship is a mentor program that serves youth ages 3=17 and there families. For ages 14 to 17 kinship offers a business mentorship which matches older youth with a person in the business community. Kinship also offers group activities once a month for the youth, their families, and the volunteers. CDBG funding will help youth from the City of Fridley become involved with these kinship programs. PAST FIINDING HISTORY (5 YEARS): Y�8$ 1995 1994 1993 1992 1991 ; Y � ��1+ �.: � ��- � $ 500 $ 0 12.13 DESCRIPTION OF PIIRPOSL Did not apply Kinship Program Did not receive funds CDBG HIIMAN SERVICE FIINDING REQIIEST 1996 APPLICATION SIIMMARY FORM APPLICANT NAME: APPLICANT ADDRES3: AI+IOIINT REQOESTED: AMOIINT RECOMMENDEDZ NUCLEUS CLINIC 1323 COON RAPIDS BLVD. COON RAPIDS, MN 55433 $ 3,200 $ 3,000 AGENCY FONCTION: To continue to provide iow cost medical, educational, and counseling service to young women and their partners with regard to birth control, unplanned pregnancy, and se�ally transmitted diseases. DESCRIPTION OF FIINDING REQtTEBT: To provide cost effective, quality family planning services. These services have been subsidized by a federal Maternal and Child Health Grant, a state Family Planning Special Projects Grant, and low patient fees. Due to concerns over the federal budget for 1997, Nucleus believes it is time to ask surrounding communities to help subsidize their low income patients. PAST FIINDING HISTORY (5 YEARS): � i�4•�1�4 � •/'� �� ; •, • •�; ��: *This is the first year Nucleus Clinic has applied for funding. 12.14 CDBG BIIMAN SEROICE FUNDING RRQQEST 1996 APPLICATION SIIMMARY FORM APPLICANT NAME: APPLICANT A,DDRE88: AMOIINT REQIIESTED: AMOONT RECOMMENDED: Southern Anoka County Community Assistance 627 38th Avenue NE Columbia Heights, MN 55421 $ 5,000 $ 2,500 AGENCY FIINCTION: To serve people in the Southern part of Anoka County who are not eligible for other programs and are in need of basic food and clothing assistance needs. SACA operates a food shelf and clothing supply, provides furniture and makes a makes a. major distribution of food and gifts at Christmas. � DESCRIPTION OF FUNDING REQUEST: The increase in Fridley resident participation has increased the need for the SACA food shelf program. The grant money would be used to purchase food and supplies for those in need. Supplies would include school supplies and lice shampoo. PAST FUNDING HISTORY (5 YEARS): YEAR 1995 1994 1993 1992 19 91 ,�. �NIOIINT RLCEIVED $ 3,000 $ 2,000 $ 2,000 $ 7,942 12.15 DESCRIPTION OF PIIRPOSE Food Shelf Assistance Food Shelf Assistance Food Shelf Assistance General Assistance CDBG HIIMAN SERVIC$ FIINDING REQIIEST 199b APPLICATION SII�IIiARY FORM APPLICANT NAME: APPLICANT ADDRES3: AMOIINT REQIIESTED: AMOIINT RECOMMENDED: St. Philip's Lutheran Church 6180 Highway 65 NE Fridley, MN 55432 $5,000 $3,000 AGENCY FIINCTION: Reaches aut to share Christian Love in the community. To gather around Word and Sacrament to be nurtured in the faith; engage in biblically based learning to be equipped for daily living and proclaiming the gospel in word and deed; serve all people, following the example of our Lord Jesus Christ, and strive for justice and peace in all the earth. DESCRIPTION OF FIINDING REQIIE3T: To enhance an after school program called "The Hang Out". The program is targeted to "at risk" middle school students. The expansion would include bussing from other school locations and the offering of summer hours. The program involves a wide range of recreation, tutoring, companionship and group activities. PAST FIINDING HISTORY (5 YEARS): YEA$ 1995 1994 1993 1992 1991 AMOUNT RECEIVED $ 4,000 $ 3,000 $ -0- 12.16 DESCRIPTION OF PIIRPOSE After School Programming After School Programming Did Not Receive Funds ,,s CDBG BIIMAN SERVICS FIINDING RBQIIEST 1996 APPLICATION SIIMMARY FORM APPLICANT NAME: APPLICANT ADDRESS: AMOIINT REQIIESTEDs AMOIINT RECOMMENDED: Tamarisk Resources, Inc 205 Mississippi St. Fridley, MN 55432 $ 5,000 $ 0 AGENCY FIINCTION: To establish/operate a residential hospice, estab2ish/operate an information resource center for those with life- limiting illnesses and their loved ones, and expand awareness/understanding of issues related to death, dying and care of the ternainally ill. DEBCRIPTION OF FIINDINQ� R]3QIIEST. To allow continued training for hospice volunteers, outreach and support. This is an ongoing project to assist Tamarisk resources to become established and build up the community`awareness intended to then support the continuation of the program through individual donations and memorials. PAST FIINDING HISTORY (5 YEARS): � 1995 1994 1993 1992 1991 `i`Y,-`�J � _,• • � �t � � � � � �� 12.17 DLSCRIPTION OF PIIRPOSB Train Volunteer Caregivers Train Volunteer Caregivers Train Volunteer Caregivers ��r� a�� CITY OF FRIDLEY 1 y HUMAN RESOURCE COMMISSION MEETING, JUNE 6, 1996 CALL TO ORDER: Chairperson Oquist called the June 6, 1996 Human Resources Commission meeting to order at 7:30 p.m. Before roll ca11 the Commission introduced themselves to the newly appointed member Satveer Chaudhary. ROLL CALL: Members Present: Leroy Oquist, Terrie Mau, Jeanne Raffesberger, Satveer Chaudhary Members Absent: None Others Present: Kurt 7ensen-Schneider, Planning Assistant Rachel Raffesberger APPROVAL OF �:[IJMAN RESOUR.CE COMNIISSIONII�IINUTES FOR May 2. 1996. MOTION by Teme Mau, seconded by Jeanne Raffesberger, to approve the minutes of the May 2, 1996 Human Resource Commission Meeting as presented in writing. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, CHAIltPFRSON OQUIST DECLARED TI� MOTION CARRIED UNANIMOUSLY. APPROVAL OF HtJMAN RESOURCE COMI��IISSION MINUTES FOR May 16, 1996. Mr. Jensen-Schneider stated that in the May 16, 1996 minutes there is a section of the NW Suburbari Kinship interview on page 17 that was unfortunately not recorded on the audio tape of the meeting. Mr. Jensen-Schneider explained that a summary of the application has been placed in the minutes. He asked the Commission to review that summary and add any specific information they recall from the actual interview. The Commission reviewed that section of the minutes. MOTION by Terrie Mau, seconded by Jeanne Raffesberger, to approve the minutes of the Page i 12.18 HUMAN RESOURCE COMMISSION MEETING, JUNE 6, 1996 May 16, 1996 Human Resource Commission Meeting as presented in writing. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, CHAIRPERSON OQUIST DECLARED THE MOTION CARRIED UNANIMOUSLY. APPROVAL OF HUMAN RESOURCE COMI��IISSION AGENDA: MOTION, by Jeanne Raffesberger seconded by Terrie Mau, to approve the Agenda for the June 6, 1996 meeting as presented. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, CHAIRPERSON OQUIST DECLARED TI� MOTION CARRIED UNANIMOUSLY 1. OLD BUSINESS a. Make reccomendations for the 1996/1997 Human Service portion of the CDBG grant money. Mr. Jensen-Schneider gave each Commission member a handout from past CDBG files. The handout listed the four areas of consideration for the Commission as they review and recommend funding for each organization �-Ie stated that this format may help t�e Commission as we review each organization. He also stated that on the wtute board is the name of each organization and the amount they have requested. As the Commission moves through the evaluation of each organization he will }righlight information by placing it in the white board. Ms. Mau stated that she had the answers to a11 the questions in the handout. She stated that before the May 16, 1996 interview session she went through the applic,ations and documented the appropriate information to help prioritize and develop questions. Mr. Jensen-Schneider reminded the Commission that they have a total of $30,000 to allocate and each individual grant must meet or can exceed $2500: Ms. Mau stated that she could go through her notes and for the benefit of the Commission will note if an organization is new or expanded. The programs Ms. Mau Classified as new included A Blanket of Hope and Nucleus Clinic The progams Ms. Mau Classified as expanded included City of Fridley Recreation and Natural Resources and St. Phillips Lutheran Church. The programs Ms. Ma.0 classified as not new or expanded included Alexandra House, ACCAP, Arc of Anoka and Ramsey Counties, Banfill-Locke Center for the Atts, Central Page 2 12.19 HUMAN RES4URCE COMMISSION MEETING. JUNE 6, 1996 - Center for Family Resources, Community Emergency Assistance Program, Fridley Senior Program, Northwest Suburban Kinship, SACA, and Tamarisk. Mr. Chaudhary asked if these requests are the same as they requested last year? Ms. Mau and Mr. Oquist stated that some include more service. Ms. Mau stated that she had last years applications if he wanted to review them. Mr. Oquist asked the Commission if they want to give $2,500 to each? Ms Mau stated that the problem with that is that in some cases $2,500 is not enough to help at all and there are some that quite possibly should not be funded. The Commission proceeded to review each organization one by one in alphabetical order. A Blanket of Hope Ms. Mau stated that she likes A Blanket of Hope as a concept but is not comfortable with awarding them a full $5,000 grant. She also likes the fact that there is no payroll, other - organizations that ask for money have high payroll costs. Mr. Oquist agreed that $5,000 may not be appropriate, particularly when a fair amount of that money was going to be used for buying sewing machines. Mr. Oquist stated that the concept of giving people a new wardrobe and increasing the self worth and esteem of the client as well as providing some financial planning is good. He stated that it is a new program an it's an opportunity to get sometl�ing started. Ms. Mau asked if perhaps $2,500 would be appropriate? Mr. Oquist agreed and stated thai they could start with $2,500 for A Blanket of Hope and as the remainder of the funds is allocated they can always come back and change the specific amounts. Alexandra House Ms. Ma.0 staxed that Alexandra House has very high salaries and benefits. One of the questions she had for them was whether they were looking at alternative funding. In figuring out just there benefits for program manager, legal advocates; community advocates etc. it comes to $353,000 a year. The overall budget for the year is only Page 3 12.20 HUMAN RESOURCE COMMISSION MEETING JUNE 6 1996 $389,000. Ms. Mau stated that the program is a good program and is needed, but she does feel that much of the money that we would give them goes to pay for salaries. She stated that they provide a very worthy service but she would like to step back from Alexandra House this year and not give them grant money. Mr. Oquist stated that the application does say they get money through the United Way, Foundations, Corporations, MN Department of Corrections and the City of Blaine. Blaine apparently gives them $15,000. Ms. Mau stated that she is uncomfortable giving them money ihis year. Mr. Oquist stated that we could leave Alexandra House blank for now and move to the next organization. Mr. Chaudhary asked what the Commission prefers to have the money devoted to? Mr. Jensen-Schneider stated that the County requir�s that S 1% of the people served with this money must meet the low income guidelines. Mr. Chaudhary asked what , within a low income budget, they prefer to dedicaie these funds to? Mr. Oquist stated that they don't try to dictate what they spend the money on. The decision to fund is based on the program description. Some of the programs are ongoing but would not survive without funding, others are new programs and the decision to fund has typically been based on the entire program and not specific purehases such as sewing machines. Mr. Oquist stated that there has been one or two instances where they specifically designated grant money to be used for specific portions of an organizations request. Ms. Mau stated that the organization usually has very specific requests. ACCAP Senior Outreach Mr. Oquist stated that some of these requests related directly to the amount of service that organization will provide the City. ACCAP, for example, uses the money to pay for the weekly allotment of stafftime in the City. The money we don't give them directly affects the hours they spend serving Fridley residents. Page 4 12.21 HUMAN RESOURCE COMMISSION MEETING. JUNE 6, 1996 Ms. Mau stated that the cost for ACCAP figures out to be $11.62 per hour and the cost investment per client is $531.20. Ms. Mau stated that she does not see any possible way they can fund ACCAP's complete $9,000+ request and bazely fund the other organizations. Ms. Mau stated that she personally feels that at $500 per client she doesn't know why you couldn't hire someone to do a fuli time jab at a smaller cost than that. Mr. Oquist stated that it is high because of the ratio between the smaller number of clients and the number of hours they devote to Fridley. If they had more clients the ratio would come down. Ms. Mau stated that ACCAP said they can't handle more clients because they are working at full capacity. They just are not servicing that many people. Once again we have a program that isn't necessarily not worth the money but the cost seems so high. Ms. Mau stated that she could see starting with a$5,000 allocation to ACCAP. Mr. Oquist agreed. ARC of Anoka and Ramsey Counties Ms. Mau stated that when they move on to ARC it is another organizations that is costing a lot per client, $416 to be specific. Ms. Mau stated that this years request for Arc was for the adult service program, salaries and the toy library. She thought that the toy library seemed very secondary this year. Mr. Oquist stated that the toy library was the focus of last years request and this year they were looking for help with salaries and working in the high school. Ms. Mau stated that they could look at a smaller $1,000 grant but the $2,500 minimum would not be met. Mr. Oquist stated that they could skip ARC and come back to the request after they see how the rest of the money falls. Banfill - Locke Center for the Arts Ms. Mau stated that the Banfill-Lock request is hard to justify. Page 5 12.22 HUMAN RESOURCE COMMISSION MEETING. JUNE 6. 1996 Mr. Oquist stated that it doesn't fit into the criteria Ms. Mau stated that it should just be a private organiza.tion. They didn't have anything specific to use the funding for, it was really to fund the same thing as their ongoing programs. If they could even come in and give us a specific program such as helping disadvantaged children with weekly art classes then it might fit. Mr. Chaudhary asked what the main function of Banfill-Locke is? Mr. Oquist stated that they are a regional arts center. The proposal involved a senior writing class and possibly going into the school or getting involved with after school programming. Mr. Oquist stated that their proposal is not very specific and doesn't seem to 8t the criteria of what they are trying to do with the money. Mr. Chaudhary asked if their operations are mainly in Fridley? Mr. Jensen-Schneider stated that they are promoted as a regional facility. NLs. Mau stated that they really draw from outside the city. It is not just a Fridley organization. Ms. Mau said that if you look through their infomiation you will see that the tuition costs are astronomical. The average Fridley resident could not afford to take classes at Banfill- Locke. Ms. Mau stated that if they were even asking specifically for scholazships or supplemental tuition money she would be more comfortable awarding them funds. Central Center For Family Resources Ms. Mau stated that Central Center serves 80 Fridley Children in a crisis intervention situation. She thought they are a good program and she would like the Commission to allocate funding to them. Ms. Mau stated that the focus of the request if to assist children and adolescents with peer support. They would be able to serve 43 additional Fridley children in ongoing group and family support. There were 2094 families and individuats served in the program in 1995 which was an increase from 2015 the previous year. Mr. Oquist stated that he would agree that they should fund Central Center. Page 6 12.23 HUMAN__R_ESOURCE COMMISSION MEETING. JUNE 6, 1996_ Ms. Mau stated that they could start with $2,500. City of Fridley Recreation and Natural Resources Department Ms. Mau. stated that they have expanded the program but the $8,000 request is perhaps to much. She thought that because they ran short this year and now because they asked for less last year they are scared this year that they won't have enough. Ms. Mau stated that even with a full grant of $8,000 they may run short but she can not validate giving them more than $5,000. Mr. Oquist stated that he would like to give them $5,000 but no more than that. Ms. Mau stated that she is comfortable funding them because they are expanding the scholarships. She added that she thought 1he Commission made it very clear during the interview that next year they will have to start looking at other funding alternatives. Ms. Mau stated that moving into the grade school with the scholarships would be an expansion possibility. Community Emergency Assistance Program Mr. Oquist stated that this is an organization that serves the warking poor and elderly on fixed incomes. N1s. Mau stated that they served 1,014 at the Fridley food shelf and then theygive other assistance of $175 to $400 per person. CEAP is a wonderful program. Mr. Oquist stated that he was surprised to learn about all of the other types of assistance they provide. He was impressed with this years presentation of the application. Ms. Raffesberger stated that they have been doing a great many things for many years. They loan money for cars and repairs at no interest etc. Ms. Mau suggested that they allocate $2,500. Fridley Senior Program A portion of this discussion was inadvertently left unrecorded. From notes of the meeting the Commission was concr��ed about the cost of the program and somewhat concerned Page 7 12.24 �- :_,, HUMAN RESOURCE COMMISSION MEETING. JUNE 6. 1996 about the budget connections with the recreation department. They thought the handyworks program is very beneficial even though the senior companion aspect only serves 19 clients. Due to the �ow number of clients they feel the cost of the overall program is perhaps high. They did note that the cost is shared with the County who, funds 1%z companions, and the City, who has traditionally funded 1 companion. Mr. Oquist stated that he felt they should receive some funding but only a minimum amount. Ms. Mau stated that she would be ok with $2,500 because it also includes the handiwork's program and is not just the senior companion. Mr. Chaudhary asked if there is a cap on the amount we can allocate to any one organization. Mr. Oquist stated that they could give all the money to one organization if they wanted to. Northwest Suburban Kinship Ms. Mau stated that the cost per client is $i,041.66. They service 24 youths. Mr. Oquist stated that he has a hard time with tlris program. He pointed out hat one thing in there application that didn't �make sense was that they had $4,200 budgeted for rent yet ' during the interview she said they get rent free. : Ms. Mau stated that they only have one paid employee and that's $20,000. Mr. Oquist stated that Louis Doddy is retiring and he was not comfortable with the future of the program. Ms. Mau stated that she was not comfortable with the whole budget. Mr. Chaudhary asked what the organization does? Mr. Oquist stated thai they are kind of like a big brother/big sisEer organization only in a small way. They have very few people they work with and they do have volunteers. He stated that it has been primarily Louis Doddy that has been directing the progam and now she is retiring. Mr. Oquist stated that it doesn't seem like an organization that is going forward and expanding. � 12.25 Page 8 HUMAN RESOURCE COMMISSION MEETING. JUNE 6, 1996 Ms. Mau stated that they really want quite a bit of money yet are servicing a very small number of kids. She recommended not to fund them. Mr. Oquist agreed that not funding them may be appropriate. Ms. Raffesberger stated that she was uncomfortable with the program. The proposal did not feel structured to her and she was uncertain about the proposal. Nucleus Clinic Ms. Mau stated that this was a new organization and she was impressed with the request. Ms. Mau stated that the cost per client served worked out to be about $200. They only have one paid person and it's almost all volunteers. In addition, the money would be used to offset patient costs. Mr Chaudhary asked for clarification on what the organiza.tion did? Ms. Mau stated that it is like a free clinic for annual exams, family planning etc. Mr. Oquist stated they also do counseling for unwed mothers to be. Essentially they give low cost medical, educational, and counsel services to young women and their partners. Mr. Oquist stated that the key is their partners. They also counsel the guys on responsibility and letting them know what it will be like to be a father. Ms. Mau stated that the key to the program is that there is one primary doctor and many volunteer doctors and nurses. The cost of servi,ces they offer is based on the age goup of the client, all costs are very low. Mr. Oquist stated that they will accept money from the clients but they won't turn clients away for lack of money. Ms. Mau stated that they serviced 1541ow income Fridley residents last year alone. They had 2,418 patient visits last year and of these 1,244 were unduplicated patients. The number they gave us was just the low income. With that many visits it is highly likely that they served a number of other Fridley residents as well. Ms. Raffesberger stated that most people loolcing for this type of service would go somewhere else if they had the funds available. Ms. Mau stated th��sed on past statistics approximately 77 Fridley patients would be - Page 9 12.26 HUMAN RESOURCE COMMISSION MEETING. JUNE 6. 1996 seen during the first half of the year for a sum of $3,200. Ms. Mau stated they are only asking for enough money to take them through half the year but they will continue to service people the whole year. Ms. Mau stated she thinks its a good program and she would like to see the Commission award them $3,000. Southern Anoka County Community Assistance Ms. Mau stated that the cost per client ends up at about $121.06. It's not really a new program even though they are looking at providing school supplies and lice shampoo. They aze servicing a lot of people. It has been made very clear to her that if Fridley doesn't fund SACA, they witl turn Fridley residents away and force them to go to CEAP. Ms. Mau stated that it comes down to whether or not we force people to go to CEAP and oniy fund one of them or do we want to try and give each orgaaization a�ittle and give the Fridley people the opportunity to still go to Columbia Heights for this type of food shelf assistance. Mr. �Chaudhary asked how much they were awarded last yeaf� Mr. Jensen-Schneider stated that they were awarded $3,0041ast year. - Ms. Raffesberger stated that the one concern she had if SACA turns away Fridley residents would be transportation to CEAP for those low income residents without vehicles. Ms. Mau agreed and stated that one thought would be to give each of the organizations, CEAP and SACA, $2,500. Mr. Oquist stated that we have to allow those people that can't get to CEAP the alternative of SACA. He agreed they should go with $2,500 for SACA. St Phillips Lutheran Church Ms. Mau stated that this is a really hard one. They want to initiate an art progam and are expanding to schools that may include Columbia Heights and Spring Lake Pazk studems. Ms. Mau stated that as long as the expansion services only Fridley residents she doesn't see a problem with it. Page 10 12C27 - HUMAN RESOURCE COMMISSION MEETING. JUNE 6, 1996 Mr. Oquist stated they also want to test the program during the summer months on a limited basis. Ms. Mau stated that they need to go to Spring Lake park and Columbia Heights to obtain money if they are going to service residents from other City's. Mr. Chaudhary asked if they could encapsulate this issue? Ms. Mau stated that the students from the middle school have gone to St. Phillips for this after school program. Now St. Phillips has purchased a bus to drive to other schools to bring the kids into the program and expand the program. She is concerned about bringing students to the program that are not Fridley residents. Mr, Chaudhary asked what we provided them last year and also if this years expansion was only for going into Columbia Heights and Spring lake Park? Mr. Oquist stated that it also includes art programming and summer programming they wish to offer. Mr. Jensen-Schneider stated that last yeaz St. Phillips was awarded $4,000. Ms. Mau stated that they do track who participates and the income requirements and residency requirement could be specifically dealt with. If they are from Fridley, scholarship money could be used for those residents and not other city residents. Ms. Mau stated that as long as they can separate the money spent with specific Fridley residents and not Colombia Heights or Spring Lake Park she doesn't have a problem with funding them. Ms. Mau suggested a$3,000 allocation. Tamarisk Ms. Mau stated that she just didn't feel like they could support Tamarisk this year. Mr. Oquist stated that as much as he wants to he doesn't think they can't support Tamarisk either. Mr. Oquist stated that the program provides a service, counseling and visitation, supporting families who have members of the family that are terminally ill. Mr. Oquist stated that it is a nice program but the problem is that they have funded them . 12.28 Page 11 HUMAN RESOURCE COMMISSION MEETING, JUNE 6, 1996 now for two years in a row and there is nothing really new. The program is up and running. Ms. Mau stated that they have serviced only 9 Fridley residents and 29 total. That is not a good investment no matter how good the program is. The first year we gave them money to start the program. The second year it was to train more councilors to keep the program going. Ms. Mau stated that they need to pursue funding from other sources like the cancer society. They just don't meet the requirements this year. The Commission concluded the individual discussion on applicants and tallied the suggested allocations. The total allocated came to $28,500 and the Commission found _ that they had an additional$1,500 yet to allocate. Mr. Chaudhary stated that he would like to consider allocating money to Ale�candra House. Ms. Raffesberger stated that Alexandra House is a unique program and it is the only way we could support battered women. • Ms. Mau stated that she would vote no to funding Alexandra House. Ms. Mau stated that they have to add the $1,500 to an organization that has already been funded or take $1000 from somewhere else in order to meet the $2,500 minimum. Mr. Chaudhary asked what would happer� if they took $100 from the rest of the organizations? Ms. Mau stated that we would run into problems meeting the $2,500 minimum for all the other organizations. Ms. Mau stated that A Blanket of Hope we have already cut in half and it will be hard for them to start the program with the minimum $2,500. Ms: Mau stated that the ACCAP Senior outreach program would probably not pass the Council if the amaunt was brought lower than the alrea.dy suggested $5,000. Ms. Mau stated that ARC, Central Center, Senior Companioq SACA, and CEAP are all at the minimum $2,500 and can't be cut. The Recreation Department request has already been cut significantly from what they requested. Page 12 12.29 HUMAN RESOURCE COMMISSION MEETING. JUNE 6, 1996 Ms. Mau stated that she would prefer to add the $1,500 to another organization rather than take money away from organizations. Mr. Oquist asked Mr. Chaudhary why he would prefer to fund Alexandra House? Mr. Chaudhary stated that domestic violence is a very large problem. Ms. Mau stated that Alexandra House receives a lot of funding from other areas. Ms. Raffesberger stated that CEAP receives a lot of other funding from the McKnight foundation. Ms. Raffesberger stated that she believes there are more battered women•and children in the City of Fridley than are served by Senior Outreach, Senior Home Companion, or St. Phillips. . Ms. Mau stated that the numbers on their costs really bother her. Mr. Chaudhary stated that the amount of benefits they pay their staff speaks purely to the. quality of the staff. . Mr. Chaudhary asked how many residents they service? Ms. Raffesberger stated there is a substantial amount of people served. Ms. Mau stated that she is not saying it's a bad program. She is concerned with the salaries and the benefit packages equaling almost the total amount of their program cost. She stated that $353,000 out of a total of $389,000 is really high. Mr. Chaudhary asked if they could say that what ever amount they give them must go to something other than salary? Mr. Oquist stated that their request was specifically asking for legal advocates salary assistance and they couldn't change a request that has been so specific. Ms. Mau stated that she has been watching specifically in the Focus to monitor the domestic violence reporting. Ms. Raffesberger stated that she has spoken to the Focus and Dave Sallman about reporting these issues. The Focus stated that there numbers come from the police department. Not all situations are reported to the Focus. Page 13 12.30 HUMAN RESOURCE COMMISSION MEETING. JUNE 6, 1996 Mr. Oquist stated that their application states that they provided service, support and information to 599 Fridley women and their families in 1995. Mr. Chaudhary stated that disputes aze the number one cause for police calls. Ms. Mau stated that in order to go to court they have to file a report. Ms Raffesberger stated that a report doesn't have to be filed. You can go in for an order for protection. In additioq 1Vlinnesota is a mandatory arrest state. Mr. Chaudhary stated that affidavits can also bring someone into court on an abuse situation. Mr. Chaudhary stated that they could fund Ale�ndra House if they took $100 from St. Phillips and Nucleus Clinic, and $400 from Fridley Recxeation and ACCAP. Ms. Mau stated that they should not reduce the Fridley Recreation program. Mr. Chauc�hary stated that they v�ould have to take more out of Nucleus and St. Phillips then. Ms. Mau stated she can't go along with it, but she is only one person, one vote. The fact that they did not show up at the interview on top oithe other concems is a concem as well. Mr Chaudhary asked if there has been any word from them before or after the May 16, I996 interview? Mr. 7ensen-Schneider stated that he has not been contacted by Alexandra House. Mr. Oquist stated that was one thing he was concerned about. In the past they have been represented in force. Mr. Oquist stated that we know they were notified because they submitted an application and asked for the money. Mr. Oquist stated they do ha.ve quite a budget. Ms. Mau stated that she would like to go one year without funding them if for no other reason then to make a statement. � Page 14 12.31 HUMAN RESOURCE COMMISSION MEETING. JUNE 6, 1996 Ms. Raffesberger stated that she has a problem with statements and funding ACCAP and just about everyone else. Ms. Mau agreed and stated that there are organizations that she would rather not give to this year. Unfortunately she feels they have no choice to fund the senior outreach worker. She stated that she would be overwhelmed if a$5,000 allocation to ACCAP is not increased by the Council. Mr. Oquist asked why she would be overwhelmed? Ms. Mau stated that she doesn't feel that the Council will approve an allocation as small as $5,000 to ACCAP. Ms. Mau stated that she feels the Commission would be better off allocating this remaining $1,500 to the ACCAP senior outreach program. Mr. Chaudhary asked if Alexandra House serves more Fridley residents than any other organization? Ms. Ma.0 stated that CEAP and SACA service over 1000 residents ea.ch. Mr. Oquist asked staffwhat vvould happen if they allocated only $1,500 to Alexandra House? Mr. Jensen-Schneider stated that the rrunimum $2,500 grant requirement would not be met. Ms Mau stated that maybe the answer is to pull the money from CEAP and give it to Alexandra House because CEAP also has outside funding. Fridley residents would still have SACA as a food shelf and even if we didn't fund them, CEAP wouldn't turn people away where we know SACA will. Mr. Oquist stated we could also remove the funding from Central Center and give it to Alexandra House. He would rather do that then take the money from CEAP. Ms. Mau stated that you wouldn't have any counseling programs available if Central Center is not funded. Mr. Chaudhary proposed that they take a little from Nucleus Clinic and St. Phillips. Ms. Mau stated she would hate to do that to a new organization like the Nucleus Clinic but they could drop the allocation from $3,000 to $2,500 and then have a full $2,000 of unallocated money. Page 15 12.32 HUMAN RESOURCE COMMISSION MEETING, JUNE 6, 1996 Mr. Jensen-Schneider stated that the commission may want to consider that Central Center stated in their application that matching funds would be available if they receive CDBG money from Fridley. Ms. Mau stated that if they reduce Nucleus to $2,500 she would like to allocate the remaining $2,000 to ACCAP. Taking additional funds from St. Phillips and the Recreation Dept. would be to severe. Taking funds from Nucleus Clinic would not put the organization at risk but would bring them down to the minimum amount. Ms. Mau stated that Alexandra House could survive without the funding and these other two can not. Mr. Oquist stated that he understands her position. Mr. Oquist stated that he believes they may be asked to increase the ACCAP designation if it is left at $5,000. Mr. Chaudhary stated that we wouldn't have to drop Nucleus Climc aad instead could allocate the $1,500 to ACCAP. Mr. Oquist and Ms. Mau agre.ed that they could agree with that. Mr. Oquist stated he likes Nucleus because it is a program that has beea going on but it is new to us and has some good features. A Blanket of Hope is not as promising but he also likes it because it is new and deserves a chance. Ms. Mau stated that the whole idea is to fund and organization like A Blanket of Hope who is just starting out. Like Tamarisk two years ago the organization starts out with the seed money and is evaluated the next year. If they come back and they are still shaky then maybe they don't get funded. Mr. Oquist stated that the intent of A Blanket of Hope is good but it will be one to evaluate closely next year to see if they continue to develop their strategy for helping people. MOTION by Terrie Mau, seconded by, Jean Raffesberger to allocate $2,500 to A Blanket of Hope, $6,500 to ACCAP Senior Outreach, $2,500 to Central Center For Family �tesources, $5,000 to the City of Fridley Recreation and Natural Resowces Department, $2,500 to the Community Emergency Assistance Program, $Z,500 to the Fridley Senior Program, $3,000 to Nucleus Ctinic, $2,500 to Southern Anoka County Community Assistance, $3,000 to St. Phillips Church of Fridley and to designate any returned funds to Alexandra House. Page 16 12.33 HUMAN RESOURCE COMMISSION MEETING. JUNE 6. 1996 UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, CHAIRPERSON OQUIST DECLARED THE MOTION CARRIED UNANIMOUSLY Ms. Raffesberger stated that just for the record she would like to pursue funding for Alexandra House and she will be at the City Council Meeting to voice her support and seek other funding alternatives through the City. 2. NEW BUSINESS MOTION by Terrie Mau, secondeci by, Jean Raffesberger to Table discussion of the SACC Prevention and Early Intervention project and Livable Communities Act Housing Action Plan and schedule a special meeting for 7une 20, 1996 in which to discuss both items. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, CHAIRPERSON OQUIST DECLARED THE MOTION CARRIED UNANIMOUSLY 3. OTFIER BUSINESS The Cornmission accepted and reviewed recent ma.ilings and brochures from the Minnesota Broken Wing Connection, North Consumer Advocates for the Handicapped, and the April ACCAP senior-outrea.ch report. ADJOURNMENT: MOTION by Teme Mau, seconded by, Satveer Chaudhary to adjourn the meeting. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, CHAIRPERSON OQUIST DECLARED THE MOTION CARRIED UNANIMOUSLY Respectfully submitted, Kurt Jensen-Schneider StaffRepresentative / Recording Secretary Page 17 12.34 City of Fridley TO: William W. Burns, City Manager �� PW96-139 ,/� � FROM: John G. F1ora�Public Works Director DATE: July 8, 1996 SUBJECT: Cooperative Agreement The Department of Transportation has prepared a Cooperative Agreement for the zemoval of the slip tamp at University Avenue (TH 47) and 60th Avenue in the City of Fridley. The agreement calls for the State's 100% payment of the cost associated with the removal of the existing slip ramp and the placement of concrete curb and gutter and landscaping at a cost not-to-exceed $14,393.59. To obtain the State funds to complete the work, recommend the City Council approve the attached resolution authorizing the Mayor and City Managet to sign Cooperative Agreement No. 75091. JGF:cz Attachment 13.01 RE9ULUTION NO. - 1996 RESOLiTrION AVi3�ORIZIIaG TI�: EI�7C[�ION OF OOOPERATIVE AGR�I' FOR TI� RII�IdVAL OF � SLIP F2� �T T.H. 47 (UNIVERSITY AVII�UE) Al�ID 60TH AVEN[JE B� IT RF�OLVID that the City of Fridley enter into Agreement No. 75091 with the State of Minnesota, Depar�iit of Transportation for the following purposes, to-wit: To provide for paynient by the State to the City of the State's share of the costs of the slip r�atrq� removal. arr_i other as��ociated construction to be perFormed upon, along and adjacent to Trunk Highway No. 47 (University Avenue) near its intersection with 60th Avernte Northe.ast within the corporate City limits under State Project No. 0205-73 (T.H. 47=156) . B� IT FZJ� RF�OLOID that the City Mayor and City Manager are hereby authorized and directed to executive such agr�nts. PASSED AND ADOPTID BY TFIE CITY QOUNCIL OF Tf� CITY OF FZ22DLEY Zi�S 8TH DAY OF JULY, 1996. WILLIAM J. NEE - MAYOR : M Y �.71 . WILLIAM A. CHAMPA - CITY CI�ftK . N�•a � v � State of Minnesota County of Anoka City of Fridley I hereby certify that the foregoing Resolution is a true and correet copy of the resolution presented to and adopted by the Council of the City of Fridley at a duiy authorized meetirig the.reof held on the day of , 1996, as shawn by the minutes of the meeting in my possession. City Clerk (Signature) (��pe or print name) 13.02 . DESIGN SERVICES SECTION STATE OF MINNESOTA AGREEMENT NO. DEPARTMENT OF TRANSPORTATION COOPERATIVE CONSTRUCTION 75091 AGREEMENT S.P. 0205-73 (T.H. 47=156) State Funds . Agreement between The State of Minnesota Department of Transportation, and The City of Fridlev Re: State cost slip ramp removal by the City on T.H.•47 (University Avenue) at its intersection with 60th Avenue N.E. ORIGINAL AMOUNT ENCUMBERED AMOUNT P.ECEIVABLE (None) THIS AGREEMENT is made and entered into by and between the State of Minnesota, Department of Transportation, hereinafter referred to as the "State" and the City of Fridley, Minnesota, acting by_and through its City Council, hereinafter referred.to as the "City". 13:03 0 � WITNESSETH: 75091 WHEREAS the City is about to perform bituminous resurfacing and curb and gutter construction and other associated construction on three City streets; 69th Avenue Northeast, 68th Avenue Northeast and Arthur Street within the corporate City limits in accordance with City-prepared plans, specifications and/or special provisions designated by the City as Street Improvement Project ST. 1995 -1 & 2; and � WHEREAS the City and the State wish to remove a slip ramp that is located on Trunk Highway No. 47 (University �venue) near its intersection with 60th Avenue Northeast; and - WHEREAS the City and the State have agreed to add the slip ramp removal to the City's construction project; and WHEREAS the State has agreed to participate in the c.osts of the slip ramp removal and other associated construction, under State Project No. 0205-73 (T.H. 47=156), as hereinafter set forth; and WHEREAS Minnesota Statutes Section 161.20, subdivision 2(1994) authorizes the Cornmissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purposes of constructing, maintaining and improving the trunk highway system. 13.�4 � 75091 IT IS, THEREFORE, MIITUALLY AGREED AS FOLLOWS: ARTICLE I- CONSTRUCTION BY THE CITY Section A. Contract Award and Construction The City did receive bids and did award a construction contract to the lowest responsible bidder in accordance with State-approved City plans, specifications and/or special provisions designated by the City as Street Improvement Project St. 1995- 1& 2 and by the State as State Project No. 0205-73 (T_H. 47=156}. Execution of this agreement shall constitute concurrence by the State in that award. The contract construction shall be performed in accordance with State-approved City plans, specifications and/or special provisions which are on file in the otfice of the City's Engineer, and are made a part hereof by reference with the same force and effect as though fully set forth herein. e tion B Direction Su ervision and Ins ection of onstructi n• The contract construction shall be under the direction of the City and under the supervision of a registered professional engineer; however, the State cost participation construction covered under this agreement shall be open to inspection by the State's Metropolitan Division Engineer at Roseville or his authorized representatives. The City shall give the State Aid Agreements Engineer five days notice of its intention to start the contract construction. Responsibility for the control of materials for the State cost participation construction covered under this agreement shall be on the City and its contractor and shall be carried out in accordance 13:05 75091 with Specifications No. 1601 through and including No. 1609 as set forth in the State's current "Standard Specifications for Construction". Section C. Completion of Construction The City shall cause the contract construction to be started and completed in accordance with the time schedule in the construction contract special provisions. The completion date for the contract construction may be extended, b� an exchange of letters between the appropriate City official and the State Division Engineer's authorized representative, for unavoidable delays encountered in the performance thereof . Section D. Additional Construction Plan Changes, Etcs The State shall not participate in.the cost of any contract construction that is in addition to the State cost participation construction covered under this agreement unless the necessary State funds have been encumbered prior to the performance of the additional contract construction and the terms and conditions in the following paragraph have been met. Al1 changes in the plans, specifications and/or special provisions for the State cost participation construction eovered under this agreement and all addenda, change orders and/or supplemental agreements entered into by the City and its contractor for State cost participation construction covered under this agreement must be approved in writing by the State Division Engineer's authorized representative before payment is made by the State therefor. 13.�06 75091 Section E Com�liance with Laws Ordinances �nd Regulations The City shall, in connection with the award and administration of the construction contract and the performance of the contract construction, comply and cause its contractor to comply with all Federal, State and Local laws, including Minnesota Statutes Section 16B.101 (1994), and all applicable ordinances and regul�tions. �ection F. RiQht-of-Way Easements and Permits The City shall, without cost or expense to the State, obtain all rights-of-way, easements, construction permits and/or any other permits and sanctions that may be required in connection with the contract construction, and shall promptly furnish the State with certified copies of the documents for those rights-of-��a�, easements, construction permits and/or other permits and sanctions required for trunk highway construction. ARTICLE II - BASIS OF PAYMENT BY TSE STATE Section A. SCHEDULE °I" A SCHEDULE "I" is attached hereto and made a part hereof by reference. The SCHEDULE "I" includes all anticipated State cost participation construction items and the construction engineering cost share covered under this agreement. Section B State Cost Participation Construction 100 P2rr'ent- shall be the rate of cost participation in all of the slip ramp removal to be performed upon; along and adjacent to Trunk Highway No. 47 (University Avenue) near its intersection with 60th Avenue Northeast within the corporate City limits under State Project 13:07 75091 No. 0205-73 (T.H. 47=156). The construction includes, but is not limited to, the construction items as described and tabulated on Sheet No. 2 of the attached SCHEDULE "I". Section C. Construction Engineering Costs The State shall pay a construction engineering charge in an amount equal to 8 percent of the total cost of the State participation construction covered under this agreement. Section D. Addenda, ChanQe Orders and Supplemental Agreements The State shall share in the costs of construction contract addenda; change�orders and/or supplemental agreements which are necessary to complete the State cost participation construction covered under this agreement and which have been approved in writing by the State Division Engineer's autharized representative. Section E. Settlements of Claims The State shall pay to the City its share of the cost of any settlements of contract claims made with the City's contractor. All liquidated damages assessed the City's contractor in connection with the construction contract s�all result in a credit shared by the State and the City in the same proportion as their total construction cost share covered under this agreement is to the total contract construction cost before any deduction for liquidated damages. 13.�08 75091 ARTICLE III - PAYMENT BY THE STATE Sectian A. Esti�ate and Advancement of the State's Cost Share It is estimated that the State's share of the costs of the contract construction plus the 8 percent construction engineering cost share and a$2,000.00 contingency amount is the sum of $14,393.59 as shown in the attached SCHEDULE "I��. The attached SCHEDULE "I" was prepared using estimated unit prices. The contingency amount is provided to cover overruns of the plans estimated quantities of State cost participation construction and/or State-approved aciditional construction including construction engineering costs. After the following conditions have.been met, the State shall advance to the City the sum of $11,475.55, as shown in the attached SCHEDULE "I", which is the State's total estimated construction cost share, but does not include the 8 percent construction er}gineering cost share or the contingency amount: 1. 2. 3. Encumbrance by the State of the State's total estimated construction cost share, the 8 percent construction engineering cost share, and the contingency amount, as shown in the attached SCHEDIJLE " I " . Execution and approval of this agreement and the State's transmittal of same to the City. Receipt by the State of a written request from the City for the advancement of funds. The request shall include certification by the City that the construction contract has been executed by all necessary parties. 13:09 75091 Whenever it appears the cost of the State participation construction covered under this agreement is about Co exceed the current amount of encumbered State funds, the City shall notify the State Division Engineer's authorized representative in writing prior to performance of the additional State cost participation construction. Notification shall include an estimate in the amount of additional funds necessary to complete the State cost participation construction including construction engineering costs and the reason(s) why the current amount encumbered will be exceeded. The State shall, upon its approval of the additional State cost participation construction, encumber the necessary additional funds. That action will have the effect of amending this agreement so as to include the State's share of the costs of the additional construction. 0 Should the City cause the performance of additional contract construction which would otherwise qualify for State cost participation covered under this agreement, but for which the State has not previously encumbered funds, that additional contract construction is done at the City's own risk. The City shall notify the State Division Engineer's authorized representative in writing of the additional State cost participation construction. Notification shall include an estimate in the amount of additional funds necessary to cover the additional State cost participation construction including construction engineering costs and the reason(s) why the current amount encumbered was exceeded. If the State Division Engineer's authorized representative approves the additional State cost participation construction, the City's claim for compensation along with a request for encumbrance of the necessary additional funds shall be submitted to the State's Budget Section for review of 13:10 75091 compliance with Minnesota Statutes Section 16A.15, subdivision 3 (1994), but no guarantee is made that the claim will be approved by the State's Budget Section. If the claim for compensation and the request for encumbrance of the necessary additional funds are approved by the State's Budget Section, that action will have the effect of amending this agreement so as to include the State's share of the costs of the additional construction. Section B. Records Reeping and Invoicina by the Citv The State shall provide the City with a Payment Processing Package containing a 'fi SCHEDULE "I" form, instructions, and samples of documents for processing final payment of the State participation construction cost covered under this agreement. - The City shall keep records and accounts that enable it to provide the State with the following prior to final payment by the State: 1. A copy of the Modified SCHEDULE °I" which includes final quantities of State cost participation construction. 2. Copies of the City contractor's invoice(s) covering all contract construction. 3. Copies of the endorsed and canceled City warrant(s) or check(s) paying for final contract construction, or computer documentation of the warrant(s) issued certified by an appropriate City official that final construction contract payment has been made. 13:11 75091 4. Copies of all construction contract change orders and/or supplemental agreements. S. A certification form attached to a copy of the Final SCHEDULE "I"', both of which shall be provided by the State. The certification form shall be signed by the City's Engineer in charge of the contract construction attesting to the following: a. Satisfactory performance and completion of all contract construction in accordance with State-approved City plans, specifications and/or special provisions. b. Acceptance and approval of all materials furnished for the State cost participation construction covered under this agreement relative to compliance of those materials to the State's current "Standard Specifications for Construction". c. Full: payment by the City to its contractor for all contract construction. 6. When requested by the State, copies, certified by the City'_s Engineer, of material sampling reports and of material testing results for the materials furnished for the State cost participation construction covered under this agreement. 7. A copy of the "as built" plan sent to the State Aid Agreements Engineer. 1�.12 75091 8. A formal invoice (original and signed) in the amount due the City as shown in the Final SCHEDULE "I". Section C. Final Payment by the State Upon completion of all contract construction, the State shall prepare a Final SCHEDULE "I" and submit a copy to the City. The Final SCHEDULE "I" shall be based on final quantities, and include a11 State cost participation construction items and the construction engineering cost share covered under this agreement. If the final cost o£ the State participation covered under this agreement exceeds the amount of funds advanced by the State, the State shall promptly pay the difference to the City without interest. If the final cost of the State participation covered under this agreement is less than the amount of funds advanced by the,State, the City shall promptly return the balance to the State without interest. Procedures relevant to preparation of the Final SCHEDULE "I" and final payment of the State participation cost covered under this agreement are . detailed in the Payment Processing Package, which the State shall furnish the City. Pursuant to Minnesota Statutes Section 15.415 (1994), the City waives claim for any amounts less than $2.00 over the amount of State funds previously advanced to the City, and the State waives claim for the return of any amounts less than $2.00 of those funds advanced by the State. � 1 �.�I 3 � 75091 ARTICLE IV - GENERAL PROVISIONS Section A. Examination of Books Records Etc As provided by Minnesota Statutes Section 16B.06, subdivision 4 (1994), the books, records, documents, and accounting procedures and practices of the State and the City relevant to this agreement are subject to examination by the State and the City, and either the legislative auditor or the State auditor as appropriate. Section B. Claims Al1 employees of the City and all other persons employed by the City in the performance of contract construction and/or construction engineering covered under this agreement shall not be considered employees of the State. All claims that arise under the Worker's Compensation Act of the State of Minnesota on behalf of the employees while so engaged and all claims made by any third parties as a consequence of any act or omission on the part of the employees while so engaged on contract construction and/or construction engineering covered under this agreement shall in no way be the obligation or responsibility of the State. Section C. Nondiscrimination The provisions of Minnesota Statutes Section 181.59 (1994) and of any applicable law relating to civil rights and discrimination shall be considered part of this agreement as if fully set forth herein. Section D. Agreement Approval Before this agreement shall become binding and effective, it shall be approved by a City Council resolution and receive approval of State 13�:14 75091 and City officers as the law may provide in addition to the Commissioner of Transportation or his authorized representative. ARTICLE V - AUTHORIZED AGENTS The State's Authorized Agent for the purpose of the administration of this agreement is Patricia Schrader, Municipal/Utility Agreements , Engineer, or her successor. Her current address and phone number are 395 John Ireland Boulevard, Mailstop 682, St. Paul, Minnesota 55155., (612) 296-0969. The City's Authorized Agent for the purpose of the administration of this agreement is John Flora, Director of Public Works, or his successor. His current address and phone number are 6431 University Avenue Northeast, Fridley, riinnesota SS432, (612) 571-3450. 13:�15 75091 IN TESTIMONY WHEREOF the parties have executed this agreement by their authorized officers. DEPARTMENT OF TRANSPORTATION Recommended for approval: By Division Engineer Approved: By �j5' State Design Engineer Date (Date of Agreement) OFFICE OF THE ATTORNEY GENERAL Approved as to form and execution: QI Assistar�t Attorney General 13:�16 CITY OF FRIDLEY By Mayor� William J. TJee Date By City Manager William W. Btmns Date DEPARTMENT OF ADMINISTRATION Approved: By (Authorized Signature) Date DEPARTMENT OF FINANCE Approved: By (Authorized Signature) Date H W a � A W x U � m 0 � � N � N N � tJ1 c� � � � w O � � Q .� J..� U N � H H H H N �w U �-1 •ri U 1� -r-1 ¢� �� .� . d � N � ,� � -,-i �� n� 3 N b � s trt- � r� ;� i� :� O N m � m a� � � � � a� x � � 0 w N � ri � � m 0 � � N July 3, 1996 TO: FROM � � William W. Burns � City Manager Jack Kirk �'" Director of Recreation & Natural Resources Joint Powers Agreement for Shared Use of Hayes Elementary School Gymnasium Attached is the proposed Joint Powers Agreement with I.S.D. #14 and the City of Fridley for shared use of the new Hayes Elementary School gymnasium. The City of Fridley would be responsible for some additional costs of upgrading the size of this facility to an adult size gym and installing a wood floor playing surface. The arclutect's estimate for these upgrading costs is approximately $75,000. The City will•further agree to participate in the annual maintenance required of a wood gy�nnasium floor. Estimated costs on this will amount to $1,000 to $1,500 per year. The agreement would basically give the City first priority for use of the gym space during non- school hours including after school, evenings, weekends, and summer. Once schedules are set, changes in the facility use would need to be agreed upon by both parties or the existing schedule would stand. In addition to the increased gym space usage, the City would gain access to a small open room in the facility to serve as a warming house for the Hayes skating facility. This would be used from mid-December through February to serve the skaters using the hockey and general rinks at this site. It is my recommendation that the City of Fridley enter into this agreement with I.S.D. #14 for shared use of the Hayes Elementary School gymnasium facility. JK;jm � �ao � JK96-57 07/03/96 14:51 $16124901580 HOLSTAD AND LRSN � 002/004 � JOINT POWERS AGREEMEN7 FOR SHARED USE OF FACILITIES FOR COMMUNITY RECREATION PROGRAMS This docume�t is intended to memorialize the Joint Powers Agreement entered into pursuant to Minnesota Statutes Section 47�.59 (hereinafter, "ihe Act") between lndependent Schooi District No. 14 (hereinafter "The District") and the City of Fridley, Minnesota (hereinafter, "The City). I. Purpose of the Agreement. This Agreement is intended to provide for the maximum utilization of public facilities located within the City limits of the City to provide the greatest recreationa! and educational benefits to its cit+zens residing in the boundaries of the District. To this end, both the City and the District wish to establish cooperatively structures, facilities and programs that not only benefit a particular use by either fhe District or the City, but facilities that would allow greater utilization by � citizens for rec�eational and other purposes than would otherwise be either possible or practicable in facilities constrticted and maintained by either the District or the City alone. It is further iniended herein that all such facilities shall be specifically identified by the Joint Pnwers Board hereinafter created and that specific prov�sions relating to the financing, sharing and governance of each specific faciiity sha11 be identified in a separate addendum to this agreement, one for each such facility, which, upon approval of that Joint Powers Board shafl be included with and incorporated herein as part of this agreement !t. �9oint Powers Board Tnc governing board (hereinaftcr, "the Board") of this Joint Powers Agreement as reo,uired by the Act sha11 consist of the Directors of the School Board and the Council members and Mayor of the City. Both the Superintendent and City Administrator of the District shall serve as ex-officio members of the Board. At no time shall either the District or the City be represeRted on the Board by a number greater or lesser than that of #he other. If a vacancy occurs, the representation by the other body shall be reduced by one until such time as the vacancy is filled. The Mayor of the City and the Chairman of the School Board shal( both serve as co-chairs of the Board and may divide whatever responsibilities as may be granted to that position by the Board in wnatever manne� they may deem appropriate. 14.02 07/Q�/96 14:51 $18124901580 HOLSTAD AND LRSN � 003/004 By r�svlution and unanimous consent, the Board may change its membership requirements in its discretion. The 8oard may hold meetings #or the purpose of conducting its business, or may take action, by consent of all members, at the separate meetings of the School Board or City Council. lD4. �isbursement of Funds Funds may be disbu�sed for the purpose of carrying out this agreement by the Board, or by the City or District as may be othervvise provided by addendum herein. IV. iermination of Agreement This Agreement shall terminate twenty (20) years following its adoption, unless the District and the C+ty both consent to its extension for a spec'rfied period of #ime in writing. The District and the City may both terminate this agreement prior to the expiration of the twenty year period onfy if both parties agree to such a t�rmination and the action is reflected in the unanimous vote of all voting members af the Board. W. Distribution of Property Ail properiy and surplus monies created or generated as the result of this Agreement sha.11, upon its termination, be the property of the Dist�ict. VI. Maintenance and Repair Alf routine maintenance of property acquired or governed under the provisions of this Agreement shall be the responsibility of the District unless hereir�after otherwise specified. Maintenance that could be characterized as non-routine (e.g. annual flooring surface removal and replacement, other matters that could be considered emergencies or unexpected) shall be the equal responsibility of the District and the City, except in inst�nces where the maintenance required is the result of an event scheduled by, and under the supervision of, either party and their personnel, in which event the non- routine maintenance would be the sale responsibility of that party. V�l. Onsurance Both the District and the City agree to obtain and maintain full coverage naming each other as an additional named insured for property damage occurring in property governed by this Agreement, data of this Agreement. 14.�3 liability insurance any personal or as of the effective O7/Oa/96 14:51 $18124901580 HOLSTAD AND LRSN VB�k. Amendments and Addenda � �04/004 Am�ndments to this Agreement shall be allowed by a majority vote of no fewer than six of the members of the Board, at ieast three of which must be from the District and the City respectively. The incorporation of specific projects and facilities to this agreement shal� be by the Amendment process and memorialized as Addenda to this agreement. 6X. �ffect ar�d 5everability This document, as amended pursuant to its terms, is intended to memorialize the whole and complete agreement of the parties as to the matters contained herein: If, for whatever reason, any portion of this Agreement is found to be invalid, void, or othenaise unenforceable as a matter of law, it is the express intent of the parties herein thai such finding or action shall not in any way invalidate any other provision hereo#. !N W6TNESS WHEREOF, the parties have executed this Agreement this day of as follows: • CITY OF FRIDLEY Wil!�am J. Nee, Mayor Attest: William Champa, City Clerk 14.0�4 INDEPENDENT SCHOOL DISTRICT NO. 14 � , Chairman , Clerk 07/0�/96 14:29 $16124901580 HOLSTAD AND LRSN � 002i005 ADDENDUM TO THE JOlNT POWERS AGREEMENT BETWEEN INDEPENDENT SCHOOL DISTRICT 14 AND THE CITY OF FRIDLEY CONCERNING THE GOVERNANCE OF JOINT FACILITIES This addendum, made between the District and the City under the terms of the Joint Powers Agreement entered into on the of , 1996, is intended to specifically address the issues related to the facility know as Hayes Elementary School, located in the City, concerning the design, construc#ion and use of that faciliry, including improvements intended to be made to that facility expanding its capacity and use_ 9. Construction A. Tentative Schedule The tentative construction schedule is for the architectural plans and specifications for the architectural plans and spec'rfications for the expanded gymnasium to be prepared by , with bidding in . Construction would begin in of 19 with occupancy in the fall of 1997. This tentative schedule is informatianal only and changes in the schedule witl not constitute violation of this agreement. _ B. Desiq� of Im.provement At the time of the design of said expanded gymnasium and warming house space, the City wi11 be consulted regarding such designs and, before said designs are implemented, they shall be submitted to the City for approval, which approval shall not be unreasonably withheld. It is specifically contemplated that said designs shall provide for separate entrances for the warming house and some storage space for City recreational equipment: City staff wi11 be consulted with regards to the design of the gymnasium expansions. C. Construction The Schoo! District, which will retain the architect firm of Setter, Leach and Lindstrom wil) be solely responsible for the gymnasium expansion. 11, Fun�in of the vmnasium Expansion A. Bids - Expan ed Gvmnasium The School District will solicit bids for the gym expansion. The City reserves the right to reject the gymnasium expansion after review of formal bids. The City will have fou�teen (14) days from receipt of the School Ositrict's written notification of the amount of the bid, in writing, that it wi11 not proceed with the joint powers agreement on the grounds that the City has decided not to participate in this project. 14.05 07/03/96 14:30 $18124901580 HOLSTAD AND LRSN i� UO3/005 �. COnstruction osts The City agrees to pay the School District, for the cost of the expansion of Hayes gymnasium to an adult size gymnasium. The School District shall provide a statement to the Ciry certifiying actuaf cost and payment shali be due within thirty {30) days following said statement. The cost is approximately $ for the addition to the gym and additional fee of approximately $ for a wood floor. C. Land Preparation � The City will be financially responsible for the moving of the hockey rink to a pre-determined site on the same land that both parties agree with. The hockey rink will only be moved 'rf it interferes with the gymnasium's construction. 1li. Us� Qfi the Ex��ded Gym �sium at Nayes Elementarv School The use of the expanded gymnasium at Hayes Efementary School will be in ,� accordance with School District Policy, Regulation #11.200, entitled "Use of � School Facilities° (attached with the following modifications to that policy and regulation which shall apply only to Mayes Elementary School gymnasium and access to it: A_ Pr�i rit 1. Priority Listing for Scheduling Facilities (after school hours) a. Priorities A.1. AI{ directly related Hayes School functions and activities. Hayes School may designate a maximum of 5 dates for speciat events as a matter of right. A11 National, State, City and School District elections. A-2. City of Fridley, i.e. Recreation and Natural Resource Department and other directly sponsored and City funded prog�ams. A-3. District #14 Community Education activities, community organizations, municipal governmental functions. A-4. All other authorized groups to include non-resident, commercial and private membership groups. 2. A schedule of the dates of special events (e.g. conferences, open houses, holiday concerts) shaJl be submitted to the City on or before August 15th preceding each school year. 14.06 07/03/96 14:30 $16124901580 HOLSTAD A�D LRSN f� 004/OQS Once processing of facility usage permits is completed (semi-annually), any changes or modifications that would affect items A-1 and A-2 of the scheduling priority system must be mutually agreed upon by both parties. 3. es Buil ing SuQervisor The City will pay for building supervisors Monday through Friday as need requires. This decision wi{I be made by the Director of Parks and Recreation and the Director of Community Education. The City will also pay for building supervision for any extended Saturday program supervisor and all day on Sunday when the City schedules usage. 2. Custodial Maintenance The building supervisor will be responsible for cleaning the premises and returning the premises in tF�,e same conditions as found at the commencement of its use. The School District custodians will be responsible for weekly cleaning as long as the City is out of the building by 11:00 PM daily. Any cost incurred by the School District arising out of the City's use other than utilities shall reimbufse the � School District for such costs. 3. Snow Removal The City will be responsible for snow removal of the parking lots and sidewalks on Saturday and Sunday during regula� usage. The School District wifl be responsible for weekday snow removal. B. Warming House A small space in the facility shall be set aside for the benefit of the City for the purpose of functioning as a'warming house" for outdoor ice-skating from the period from December through mid-February of each year, and fior storage for the remaining balance of the year. IV. IUlaintenance and Repair of the Gym. The School District will be solely responsible for the maintenance and repair of the entire Hays Elementary School, including the gym expansion. However, any damages which occur during the City programming will be the responsibility of the City. This addendum shall be incorporated into the Joint Powers Agreement, pursuant to the terms of that Agreement, upon approval by the Board. 14.07 O?/03/96 14:31 �`16124901580 HOLSTAD AND LRSN �J005/005 Adopted the day of , 1996, by the Joint Powers Board, the following members voting in favor: and the following opposed. Signed: William J. Nee, Mayor, City of Fridley, Co-Chairman, Joint Powers Board XXXXXXXXXXX, �hai�man, Independent School District No. 14 Co-Chairman, .loint Powers Board 14.08