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11/25/1996 - 4869�� ,t��., � �,,� • OFFICIAL CITY COUNCIL A+GENDA COUNCIL MEETING N(7VE1�ER 25, 1996 . FRIDLEY CITY COUNCIL MEETING ATTENDENCE SHEET Monday November 25, 1996 �:30 P.M. E PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN PRINT NAME (CLEARLY) ._ � „ n , ' ' f!L! U �� r� -� � � G ", �— �-, ! ° � - � �� `r -� i, ,- �` �71%,�. _ u �, � 1.�� , 4� - c�� _ �°t-U r��::-�-c :, a . ✓"��--'��- � � ADDRESS ,,� ;�, sz, r;� �- �� ' L. , �,c-t,.�f_ �i�- , ' ; - ` `�4 ��,i,^ � %%-��:�C-�' C� �:'�"� ��3-�/�� i �� 'L- r-��- � {��. � -�} t � C- �� ►�_ S-}- �: � L � � c> ,I � "�' � _i -? l ,!� u ✓--y 5 ��'� �,j�,v=Si�' �� /i � —5 y/ ��t,,�,'.r: C.%lX.r,.-�� 1��M1L��. y ,::� , P � ^—� ' % /t/ � , / � % � �� .��t �'� ITEM NUMBER � 5� �� . L1�� S � �-��i�� Si�, . �.;,:�.sC-�l t G� i t�i� ai 5�%� �. �; � //< �j � <-k� � liw'o � � SiO��/� � � CffY OF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF N4VEMBER 25,199b 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, maiital status, sexual orientation or status with regazd 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 teast one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE• PRESENTATION: National Night Out Award APPROVAL OF MINUTES: City Council Meeting of November 4, 9996 Special City Council Meeting of November 12, 9996 .•--• . • •-•-• . •� � � 1.. OLD BUSINESS: Second Reading of �n Ordinance Adopting Fair Housing Practices . . . . . . . . . . . . . . . . 1.09 -1.04 FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 25, 1996 Page 2 APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS {CONTINUED� Second Reading of an Ordinance Considering an Amendment to the City Code, Chapter 205, Entitled "Zoning," by Adding Sections 205.05.02, "Application Processes," Amending Sections 205.05.03, and 205.05.04, Adding Section 205.05.07, "Vacations," and Renumbering Consecutive Sections Where Appropriate; and, Second Reading of an Ordinance Recodifying the Fridley City Code, Chapter 211, Entitled "Subdivision" by Amendi�g Section 211.04.01, Deleting Section 211.03.01.0 and F, and Amending Section 211.04.02 and Renumbering Consecutive Sections . . . . . . . . . . . . . . . NEW BUSINESS: First Reading of an Ordinance Recodifying the Fridley City Code, Chapter 205, Entitled "Zoning," by Amending Sections 205.16.01.0 by Adopting New Section 205.16.01.0 (5) to Allow Professional Jewelry Services with a Special Use Permit (Zoning Text Amendment #96-03 by Roland Stinski) ................ 2.01 -2.31 .............. 3.01 -3.02 FRIDLEY CITY COUNCtL MEETING OF NOVEMBER 25, 1996 Page 3 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUEDI: First Reading of an Ordinance Amending The Fridley City Code, Chapter 205, Entitled "Zoning," by Amending Sections 205.07.01.0 (8), 205.07.05.A, 205.08.01.0 (8), 205.08.05.A, 205.09.01.0 (7), 205.09.05.C, 205.14.01.A(14), and 205.14.05.0 to Provide Definitions and Parking Standards for Hospitals, Nursing Homes, Convalescent Homes and Homes for the Elderly . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.01 - 4.06 Receive the Minutes of the Planning Commission Meeting of November 6, 1996 .........................................5.01-5.11 Resolution Approving a Wetland Rep(acement Plan, WR #96-01, by Noah's Ark, Generally Located at 83rd and University Avenues (Ward 3) . . . . . . . . . . . . . . . 6.01 - 6.28 Variance Request, VAR #96-24, by Noah's Ark, to Reduce the Rear Yard Setback from 25 Feet to 15 Feet to AI(ow the Constructiqn of an 'i08 Unit Independent �iving Apartment Building for �eniors, Generally Located at 83rd and University Avenues (Ward 3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7.01 - 7.10 FRIDLEY CITY COUNCiL MEETING OF NOVEMBEI� 25, 1996 Page 4 APPROVAL OF PROPOSED CONSENT AGENDA• NEW BUSINESS (CONTINUEDI Approve Waiver of Temporary Sign Permit Fees for Theta Chi Aiumni for Christmas Tree Sales at Holiday Pius (250 - 57th Avenue N.E.) (Ward 3) . . . . . . . . . . . . . . . . . 8.01 - 8.04 Award Contract for Infiltration and In-Fiow Study . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9.01 Receive Bids and Award Contract for Design of Weil House No. 1, Proje�t No. 298 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.01 - 10.02 Reso{ution Eliminating Truck Traffic on Municipal State Aid Street Route 326 {Third Street) (Ward 3) .................. 11.01 -19.04 Resolution Approving the Amended Joint Cooperative Agreement of the Suburban Rate Auth�ority . . . . . . . . . . . . . . . . . . . . . . . . . 12.01 - 12.23 FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 25, 1996 Page 5 APPROVAL 4F PROPOSED CONSENT AGENDA- NEW BUSINESS (CONTINUEDI• Resolution Authorizing Changes in Appropriations for the General Fund and the Capital Improvement Fund for the Third Quarter of 1996 ....: ................ 13.01 -13.03 Resoiution Providing for Water Rate Change ......................................14.01-14.04 Approve Disposition of Tax For#ei# Property Located in the City of Fridley . . . . : . . . . . . . . . . 9 5.01 - 15.08 Resolution Approving and Authorizing Signing an Agreement Establishing Working Conditions, Wages and Hours of Police Officers of the City of Fridley Po(ice Depar�ment�for the Years 1996 and 1997 .....................................16.01-16.24 , FRIDLEY CITY COUNCtL MEETING OF NOVEMBER 25, 1996 Page 6 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS {CONTINUED� Approve GiS Joint Powers Agreement befinreen the Cities of Fridiey, Columbia Heights and Andover . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17,01 -17.'16 Claims ....................................18.01 Licenses ....................................19.01-19.03 Estimates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.01 - 20.15 ADOPTION OF AGENDA: OPEN FORUM, VISlTORS: (Consideration of Items not on Agenda - 15 Minutes) , FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 25, 1996 Page 7 PUBLIC HEARINGS: Local Law Enforcement Block Grant in the Amount of $18,506 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21.01 - 21.04 Ordinance Amending Section 2.06.01 of the Fridley City Charter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22.01 - 22.02 OLD BUSINESS: Second Reading of an Ordinance Repealing Chapter 12 of the Fridley City Code in its Entirety and Adopting a New Chapter 12, Entitled "Tobacco Products" and Amending Chapter 91 of the Fridley City Code, Entitled "General Provisions and Fees" (Tabled November 4, 1996) . . . . . . . . . . . . . . . . . . . . . . . 23.01 - 23.08 Variance Request, VAR #96-24, by Kim J. Miller of Miller Funeral Home, to Reduce the Rear Yard Setback from 40 Feet to 33 Feet to Allow Construction of a 22.7' x 60' Addition to a Storage Building; to Reduce the Front Yard Setback on a Corner Lot from 80 Feet to 37 Feet to Allow the Construction of a 30.5' x 66' � Addition to an Existing Funeral Home, Generally Located at 6210 Highway 65 N. E. (Tabled November 4, 1996) (Ward 2) . . . . . . . . . . . . . . . . . . . . . .................24.01 FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 25, 1996 Page 8 NEW BUSINESS: First Reading of an Interim Ordinance � Declaring a Moratorium on the Construction of Telecommunications Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25.01 - 25.04 Resolution Supporting a Sidewalk on the West Side of East River Road (Ward 3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26.01 - 26.04 lnformal Status Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27.01 ADJOURN: FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 25, 1996 - = �-.�-,--� C(TY OF FRIDLEY 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 pubiic 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 shouid contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE: PRESENTATION: National Nighi Out Award �--°- ,��,,,�.^�.�,..,L;.�.�-� . v APPROVAL OF MINUTES: City Council Meeting of November 4, 1996 � Special City Council Meeting of November 12, APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS: Seeond Reading of an Ordinance Adopting Fair Housing Pract+ces ��r J /� � . _.,.y._.... � � . , ��ceo"T �_, , f:_ G.v�.,4'ti: �i.� i� �—c... APPROVAI.OF PROPOSED CONSENT AGENDA: NEW BUSINESS: First Reading of an Ordinance Recodifying the Fridley City Code, Chapter 205, Entitled "Zoning," by Amending Sections 205.16.01.0 by Adopting New Section 205.16.01.0 (5) to Allow Professional Jewelry Services with a Special Use Permit (Zoning Text Amendment #96-03 by Roland , Stinskij . . . . . . . . . . . . . . . . . . . . . 3.01 - 3.02 �j; �',-i--�•.y. . _, � _ �_ �_ �,�.,�__�.: i..-,-� 1996 ' ��r�,.,,�..� .��_ � c�., /:ru--- — t.�`G-C.. 1.01 - '1.04 c�il, �� L�...�y.Y� . ,- Z,. rt.'` J Second Reading of an Ordinance Considering an Amendment to the City Code, Chapter 205, Entitled "Zoning," by Adding Sections 205.05.02, "Application Processes," Amending Sections 205.05.03, and 205.05.04, Adding Section 205.05.07, "Vacations," and Renumbering Consecutive Sections Where Appropriate; C .°C,.��-�;�:..�L Gi� �l , e y""' and, , �`�'rf ,c� �=.-� - f- y'`�.�t'. " Second Reading of an Ordinance ��'"`�`�.. Recodifying the Fridley City Code, Chapter 211, Entitled "Subdivision" by Amending Section 211.04.01, Deleting Section 211.03.01.0 and F, and Amending Sect+on 211.04.02 and Renumbering Consecutive Sections . . . ---�� 2.09 p 2.31 < <� C.> • � j� G�C�: -�' �� . �<,,., 1�- L R..�r(�,�,'l./ � �Y ��. �� ''�f � �:;� L' ,/L-�Z-� � � First Reading of an Ordinance Amending The Fridley City Code, Chapter 205, Entitled "Zoning," by Amending Sections 205.07.01.0 (8), 205.07.05.A, 205.08.09.0 (8), 205.08.05.A, 205.09.01.0 (7), 205.09.05.C, 205.14.01_A(14), and 205.14.05.0 to Provide Definitions and Parking Standards for Hospitals, Nursing Homes, Convalescent Homes and Homes for the Elderly . . . . . . . . . 4.01 - 4.06 � -A='-.. �2 �,,a� � ? ! Receive the Minutes of the Planning Commission Meeting of November 6, 1996 ...................... 5.01 -5.11 �*.'..%�"�__�� Resolution Approving a Wetland Replacement Plan, WR #96-01, by Noah's Ark, Generally Located at 83rd and University Avenues (Ward 3) . . . . . . . . . . . . . . . . . . . . 6.01 - 6.28 �;....� ��tC. - .� $ . APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): Variance Request, VAR #96-24, by Noah's Ark, to Reduce the Rear Yard Setback from 25 Feet to 15 Feet to Allow the Construction of an 108 Unit Independent Living Apartment Building for Seniors, Generally Located at 83rd and University Avenues (Ward 3) . . . . . . . . . . . . . . . . . . . 7.01 - 7.10 , � ,.;, ;; , . ... '., , �s�w-v�__� ✓�f . V / Approve Waiver of Temporary Sign Permit Fees for Theta Chi Alumni for Christmas Tree Sales at Holiday Plus (250 - 57th Avenue N.E.) (Ward 3) . . . . . . . . . . . . . . . . . . . .: , ��,— �..�,, . ..v. � , �../�..e-.,»�,'. `� ` � i- APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUEDL Resolution Providing for Water Rate Change . . . . . . . . . . . . . . . . . . . . 14.01 - 14.04 ° f'�,,�C �._,_ ��.-'�,v�;, . ,,z Approve Disposition of Tax Forfeit Property Located in the City of FridleY . . . . . . . . . . . . . . . . . . . . . 15.01 - 15.08 f d�� tr' �f'L��,�/�..� � Resolution Approving and Authorizing Signing an Agreement Establishing 8.01 - 8.04 Working Conditions, Wages and Hours of Police Officers of the City of Fridley Police Depa�tment for the Years 1996 and 1997 . . . . . . . . . . . . . . . . . . . 16.01 - 16.24 Award Contract for Infiltrat+on and 1n-Flow Study . . . . . . . . . . . . . . . 9.01 , ; , . �� Z: �' l .._�.. (. C...�. �,.-��..�.. � ,.,,..:, - �c..,: --,.� � ;%�� "°'' ,`�' � ;�' � :� C�-��-tv�. �� Receive Bids and Award Co�r ct fo� �� J-� Design of Well House No. 1, P'roject No. 298 . . . . . . . . . . . . . . . . . . . . 10.01 -10.02 ��,�,,,yy� . - p�:f,��,�' ... Lt.c... v �'' t � .v„ �;.,;,�, .-r , �� .� C f� ,✓` �,��`�� .�"�"-- ' �;,� .. Resolution Elim nating Truck Traffic on Municipal State Aid Street Route 326 (Third Street) {Ward 3) 11.01 - 11.04 ��.L L.1' ..'i...�..c�. f+�,:. � , I . Resolution Approving the Amended Joint Cooperative Agceement of the Suburban Rate Authority . . . . . . . 12.01 - 12.23 _ � --'' ° G �-;; v` f✓i�� L � / ,-, : � ,,,�,,.....�_�- i ;�.�'t;...�.�,n..-.JV.:L,.tl....- t.c=c...._��7� �, . �,, r,,..�-t...-t�._...�/� Approve GIS Joint Powers Agreement between the Cities of Fridley, Columbia Heights and Andover . . . . . . . . . . 17.01 - 17.16 E, _.• % / �,.�...y,rtj ° t �.1-s .� Claims . . . . . . . . . . � .��:%` �--"."�:`�'�`$�'�"_..._ . a ticenses . . . . . .`: ..: �� .. -��-~�'� ��-0't---19.03 �.�., Estimates . . . . L. �',�''�:"°'"'" � . �0.01 20.15 ADOPTION O� AGENOA: • . � C:,, �. �.:..� � ;�--._. �.-1 ss.:�v ,�.�'� �;� ,._ �f " OPEN FORUM. VIStTORS: Resolution Authorizing Changes in (Consideration of Items not on Agenda - 15 Minutes) Appropriations for the General Fund ' ...�- .;• ..�� ' and the Capital lmprovement Fund i� �� `"�f`1" ""� ,��'��W"'"�� %" � .� .. c;�. e.,�.�, for the Third Quarter of 1996 .... 13.01 - 13.03 �,� '� __.. L. I�,.� G z _ � , � �� ,, , _ , � r�� _..,: � �.�.�. � d �. U�; �� ,p;! ,. .�-- � �`" �� !. f P�3h /.� ..�.�- i�..s-r- �-�-- .Ci-� PUBLIC HEARINGS: Locat Law Enforcement Block Grant in the Amount of $18,506 . . . . . . . . . . . . . 21.01 - 21.04 ��' `�°`; � � t.' _ � ,�� : � t Ordinance Amending Section 2.06.01 of the Fridley City Charter . . . . . . . . . . . . 22.01 - 22.02 � ' �''�` � � ,�`��' OLD BUSINESS: Second Reading of an Ordinance Repealing Chapter 12 of the Fridley City Code in its Entirety and Adopting a New Chapter 12, Entitled "Tobacco Products" and Amending Chapter 11 of the Fridley City Code, Entitled "General Provisions and Fees" (Tabled November 4, 1996) . . . . . . . . . . . . . . . . . . . . . . . . . . . 23.01 - 23.08 e. , - 4 � r`:� f G �-�,.:y �l . F �. � -,-�-C� . P.rt...�.�� .f. �z._� ��/L�.*-t°�� Variance Request, VAR #96-24, by Kim J. Miller of Miller Funeral Home, to Reduce the Rear Yard Setback from 40 Feet to 33 Feet to Allow Construction of a 22.7' x 60' Addition to a Storage Building; to Reduce the Front Yard Setback on a Corner Lot from 80 Feet to 37 Feet to Allow the Construction of a 30.5' x 66' Addition to an Existing Funeral Home, Generally Located at 6210 Highway 65 N.E. (Tabled November4, 1996) (Ward2) .......................... 24.01 . __ �`� `�- �=- �,%- , ,�_ .�- �� ': �_ . ' f. NEW BUSINESS: First Reading of an Interim Ordinance Declaring a Moratorium on the Construction of Telecommunications Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . 25.01 - 25.04 j J^ �... ,�.�.. y.. , l � ra �!L-�..�,-�� / Z `� `� " � — � / c� �� `'�� NEW BUSINESS (�CONTINUED): �Page 2 Resofution Supporting a Sidewalk on the West Side of East River Road (Ward 3) . . . . . . . . . . . . . . . . . . . . . . . . . . 26.01 - 26.04 � ' � , . �; �, C:�r:.;c ,i�,',� . Informal Status Reports . . . . . . . . . . . . . . . 27.01 � n��1 �,,; �.-� ,�-,�,-�� G�_�:- 5�;�.r�, � ADJOURN: � s�' z--- � THE MINUTES OF THE FRIDLEY CITY COUNCIL MEETTNG OF NOVEMBER 4, 1996 � '' 1 THE MiNUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF NOVEMBER 4, 1996 The Regular Meeting of the Fridiey City Council was called to order at 7:40 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Nee, Councilwoman Jorgenson, Counczlman Billings, Councilman Schneider and Council- woman Bolkcom MEMBERS ABSENT: None PROCLAMATION: HOME CARE MONTH: NOVEMBER, 1996: Mr. Burns, City Manager, read this proclamation which Mayor Nee had issued. The proclamation was presented to Mr. Randy Decker, Coordinator of Services for Metro Home Health Care. Mr. Decker invited Council, City staff, and the general public to attend an open house at their facility on November 14 at 3:00 p.m. As a licensed home health care agency, they are pleased to provide home health care while helping:people to remain in their homes. They are privileged to serve residents of Fridley with quality care administered by qualified professionals. APPROVAL OF MINUTES: COUNCIL MEETING, OCTOBER 2$, 1996: MOTION by Councilman Billings to approve the minutes as presented. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS: l. ORDINANCE NO. 1079 UNllER SECTION 12.06 O�' THE CITY CHARTER DECLARING CERTAIN PROPERTY TO BE SURPLUS AND AUTHORIZING THE SAI,E THEREOF (SOUTHEAST CORNER OF INTERSECTION OF 7TH STREET AND 61 S T AVENLJE ) ( WARD 1) : Mr. Burris, City Manager, stated that this ordinance involves property located at the southeast corner of the intersection of Seventh Street and 6lst Avenue. The property encompasses the Communi�y Education Center, the high school footba�_1 fie�d, and the north portion of the high school parking lot. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 4, 1996 PAGE 2 transfers between the Ci�y and School District No. 14 that was negotiated in 1957, 1960, and 1972, but was nev�r properly recorded at the County. . Mr. Burns stated that the city is transferring title to land south of 61st Avenue to the school district and the City will be receiving from the school district title to pr�perty located north of 61st Avenue. The latter transfer will occur with the completion of a replat for this area. WAIVED THE READING AND ADOPTED ORDINANCE NO. 1079 ON THE SECOND READING AND ORDERED PUBLICATION. 2. ORDINANCE N0. 1080 RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 205, ENTITLED "ZONING," BY AMENDING SECTIONS 205.17.01.0 AND 205.18.01.0 AND ADOPTING NEW SECTIONS 205.17.O1.C{13) AND 205.18.01.C(14) {ZONING TEXT AMENDMENT, ZTA #96-01, BY NORTHCO CORPORATION): Mr. Burns, City Manager, stated that this request is by Northco Corporation to allow daycare centers as a special use in M-1 and M-2 zoning districts. This special use would be subject to nine conditions, incl.uding the conditions that the daycare center must be located in a multi-tenant building that is on an arterial street, and the area used by the center may not exceed thirty percent of the floor area of the building. WAIVED THE READING AND ADOPTED ORDINANCE NO. 1080 ON THE SECOND READING AND ORDERED PUBLIGATION. NEW BUSINESS: 3. FIRST READING OF AN ORDINANCE ADOPTING FAIR HOUSING PRACTICES: Mr. Burns, City Manager, stated that this ordinance was required by the settlement agreement with the Sylvan Oaks Tenants Association. The ordinance incorporates by reference the standards of both the Federal Fair Housing Act and the Minnesota Human Rights Act. In summary, these references state that it is unlawful to refuse to sell, rent, or iease housing io any person or group of people because of their race, color, creed, religion, national origin, sex, marital status, status with respect to public assistance, disability, sexual orientation or familial status. i�Ir. Burns stated that the ordinance has been reviewed and approved by the Housing and Redevelopment Authority and the Human Resources Commission. Council conducted a public hearing on this ordinance on October 28, and no one spoke in opposition to the ordinance. WAiVED THE READING AND APPROVED THE ORDINANCE ON FIRST READING. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 4, 1996 _ P�iGE 3 4. FIRST READING OF AN ORDINANCE CONSIDERING AN AMENDMENT TO THE CITY CODE, CHAPTER 205, ENTiTLED "ZONING,° BY ADDING SECTIONS 205.05.02 AND 205.05.07, AMENDiNG SECTIONS 205.05.03 AND 205.05.04, AND RENUMBERING CONSECUTIVE SECTIONS WHERE T r�nnnr�r� rT mr. . Mr. Burns, City Manager, stated that these amendments are in response to Counci7.'s request that staff complete changes needed to comply with 1995 State legislation establishing time limits for consideration of land use actions. The legislation required that cities act within sixty days on ali land use applications. The changes proposed apply to zoning, and subdivision codes. Separate changes are proposed to the City Charter. Mr. Burns stated that, in suminary, the changes are that public hearings for various land use actions--rezoning requests, easement vacations, plats and zoning text amendments will be set administratively rather tl�an at a separate Council meeting. Hearing notices to surrounding property owners and the public will contain Planning Commission and City Council hearing dates. Council action on those requests will be scheduled during the same meeting as the public hearings. If further action is needed, the action may be carried over under one of two conditions: there remains adequate time within the sixty day process limit, or the applicant has agreed to extend consideration beyond the sixty day limit. Mr. Burns stated that the ordinance provides recovery of City costs �or revocation of special The changes were reviewed and approved by Commission. Council conducted a public hearing resulting in no negative comments. a means for use permits. the Planning on October 28 WAIVED THE READING AND APPROVED THE ORDINANCE ON FIRST READING. 5. FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITX CODE, CHAP.TER 211, ENTITLED "SUBDIVISION," BY AMENDING SECTION 211.04.01, DELETING SECTION 211.03.01.0 �ND F, �ND AMENDING SECTION 211.04.02 AND RENUMBERING CONSECUTIVE SECTIONS: Mr. Burns, City Manger, stated that these amendments are designed to bring the City into compliance with state law relating to the time needed for processing land use applications. The changes shorten �he Ci�y's time for consideration of plat requests by allowing for administrative establishment of public hearing dates and by providing for Council action at the same meeting as the public hearing. WAIVED THE READING AND APPROVED THE ORDINANCE ON FIRST READING. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 4, 1996 6. CLAIMS: AUTHORIZED PAYI+�NT OF CLAIM NOS. 70858 THROUGH 70967. 7. LICENSES: PAGE 4 APPROVED THE LICENSES AS SURMITTED AND AS ON FILE IN THE LICENSE CLERK'S OFFICE. 8. ESTIMATES: APPROVED THE ESTIMATES AS SUSMITTED: Thomas & Sons Construction, Inc. 13925 Northdale Boulevard Rogers, MN 55374 1996 Street Improvement Project No. ST. 1996-1 & 2 Estimate No . 3 . . . . . . . . . . . . . . . $20�, 004 . 73 No persons in the audience spoke regarding the proposed consent agenda items. MOTION by Councilman Schneider 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 Schneider to adopt the agenda as submitted. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: There was no response from the audience under this item of business. PUBLIC HEARINGS: 9. PUBLIC HEARING ON ASSESSMENT FOR THE EAST RIVER ROAD IMPROVEMENT PROJECT NO. ST. 1994-03 (CONTINUED FROM OCTOBER 28, 1996): MOTION by Councilwoman Bolkcom remove this item from the table and reopen the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and ihe public hearing reopened at 7:53 p.m. Mr. Pribyl, Finance Director, stated that this item was tabled at the last meetinq in order for staff to obtain further information from the County regarding the costs. Th.e total cost for this FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 4, 1995 PAGE 5 projec� was $189,671.02 with property owners being assessed. $4b,080.21. The remaining amount of $143,590.81 would be paid from the City's Capi�al Improvement Fund. This improvement covers East River Road from Hartman Circle to Glen Creek Road. The assessed properties would be certified for ten years at an interest rate of 6-1/2 percent. Mr. Pribyl stated that the Engineering Department reviewed the line item costs with the Coun�y and confirmed the amount of concrete curb and gutter that was used in this project. The County and City's overhead costs were also reviewed. The actual cost for the concrete curb and gutter was $79,746.25. With the removal of the median costs of $42,771.75, plus engineering and inspection costs, the total is $58,011.19. This amount divided by the assessable front footage equals $11.24 a front foot. These numbers support the $9.00 a front foot assessment. Councilman Schneider asked how many lineal feet of concrete curb and gutter was installed and how much is included in the assessment. Mr. Flora, Public Works Director, stated that the City is assessing for 5,160 feet. The $79,746 includes the total concrete curb and gutter tor both sides of the street and the median. When the $43,000 cost for the median is removed and engineering and inspection costs are added, the total is $58,000 divided by the assessable footage of 5,160, amounting to an assessment of $11.24 a front foot. Councilman Schneider stated that, as he understands, the difference of an $11.24 front foot cost and the amount quoted at the last Council meeting of about $5.75 is because the cost is spread over the total assessable front footage and engineering and inspection costs have been added. This method of spreading the assessment is consistent with the City's policy. Councilwoman Bolkcom stated that Mr. Flora met with Mr. Sandstrom, who is the property owner at 6941 East River Road. The front footage should be 113, not 117.68. Mr. Pribyl stated that the assessment roll indicated 117.68 front feet for Mr. Sandstrom's property, but it should be 113 feet resulting in a $42.12 reduction. Mrs. Jan Hammerstrom, 6931 East River Road, stated that she spoke with the County`s Engineering Department to verify the figures presented at the iast Council meeting. The County told her that the costs for the median curb and gutter were paid by the County, and the 4,0�3.5 linear feet of concrete curb and gutter that was installed was �lalf the �otal or 8,147 feet which covered both sides of the street. She was also told that half of this cost is paid b� the Caunty. FRIDLEY CITY COUNCIL MEETiNG OF NOVEMBER 4, 1996 PAGE 6 Mrs. Hammerstrom stated that the bid for the curb and gutter was $5.25 a front foot with an added eight percent engineering fee. That brings the cost to about $5.65 a front foo�. The City is only being charged for 4,073.5 iinear feet. The amount being assessed against the property owners is $46,080, which is for the total 8,147 feet at $5.67 a front foot. Therefore, property owners are being assessed for curb and gu�ter on both sides of the street. She felt that property owners were being assessed for this total footage of 8,147 even though the County pays for half this amount. Mr. Flora stated that the total assessable footage is 5,160 front feet plus the engineering and administrative costs associated with this project. If, for exampie, the state pays 100 percent of the cost, the City also assesses for 100 percent of the cost. Councilwoman Bolkcom stated that the City has improved Municipal 5tate Aid Streets, and these have been assessed even though the City has been reimbursed. Basically, the City is trying to put funds back into the street improvement fund in order to maintain the streets. Mr. Flora stated that the actual cost af the concrete curb and gutter on this project amounts to about $58,000 which includes engineering and administrative costs. With a total of 5,160 front feet of assessable property, the cost is $11.24 a front foot. The City is assessing only $9.00 a front foot. The total project cost is $189,617. Of that figure, $143,590 will be paid out of the City's Capital. Improvement Fund. Mrs . Hammerstrom stated that it seemed to her the property owners are being assessed almost double the amount the City has to pay the County. If the County bills the City $23,000 and the City assesses the property owners $46,000, it seems the property owners are paying double. Councilwoman Bolkcom stated that the City's cost for the project was $189,000, and the money has to come from somewhere. Councilman Schneider sta�ed that the policy that Council adopted in order to main�ain the City's street infrastructure, was on County and Municipal State Aid Streets that are improved, property owners would only be assessed for the concrete curb and gutter portion of the improvement. Councilman Billings stated that what is being done is limiting a t�iomeowner's exposure on a project. Instead of assessing the $189, 000 cost of the project the City is limiting the cost to the property owner by assessing only for the concrete curb and gutter. The language in the notice that was sent to the property owners would lead one to believe that the City is only assessinq for the concrete curb and gutter in front of the property owner's property. That is not th� case. The property owners pay the total cost of cur� and guCter on the entire project. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 4, 1996 PAGE 7 Councilwoman Jorgenson stated that the City's policy is for property owners to only pay one assessment for curb and gutter. If the assessment method seems unfair, i� is necessary for the City to recoup some of the costs in order to keep the street improvements ongoing and maintain the City's infrastructure. Councilwoman Bolkcom stated that Council has had numerous discussions on how to maintain the City streets in the future, if funds, such as state aid, are not available. Councilman Billings stated that the City did not adequately describe what was included in the assessment. He promised to do everything he could to correct this situation so that residents do not have to go through the anxiety Mrs. Hammerstrom has over the last several days. Councilwoman Bolkcom stated that she appreciated Mrs. Hammerstrom bringing this forward. She was sure it was a learning process for the Council. Hopefuliy, the wording will be better defined for the next assessment hearings. Mrs. Hamraerstrom stated that she has a hard time with the figures and felt this had been resolved but not necessarily to her satisfaction. She is saddened that Mayor Nee's name is not on the ballot and appreciated all the efforts, hard work, and integrity he brought to this office. Councilman Schneider stated that he apprecia�ed Mrs. Hammerstrom bringing this to their attention and the homework she has done. The notices will be changed to better re�lect the assessment. MOTION by Councilman Billings to close the public hearing. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:34 p,m. 10. PUBLIC HEARING ON ASSESSMENT FOR THE MAIN STREET IMPROVEMENT PROJECT N0. ST. 1994-08 (COMMERCIAL) {CONTINUED FORM OCTOBER 28, 1996): Mayor Nee removed this item from the table and the hearing re- opened at 8:34 p.m. Mr. Pribyl, Finance Director, stated that the total cost of this project was $177,702.30 for improvements on Main Street. $173,111.02 is being assessed against the affected commercial property owners at $8.00 a front foot for concrete curb and gutter and $3.03 per 100 square feet based on 75 percent coverage for storm sewer. The assessment is for a ten-year period at an interest rate of 6-1/2 percent. Mr. Pribyl stated that the Engineering Division has consulted with the County. The actual cost for concrete curb and gutter was FRIDLEY CITY COUNCIL MEETTNG OF NOVEMBER 4, 1995 PAGE 8 $72,608.22 plus the addition of administrative and ergineering costs or a total of $9�,237.91. This amount divided �y the assessable front footage of 10,037 is about $9.69 a front foot. No persons spoke regarding this proposed assessment. MOTION by Councilwoman Bolkcom to close the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:36 p.m. 11. PUBLIC HEARING ON ASSESSMENT FOR THE MAIN STREET IMPROVEMENT PROJECT NO. ST. 1994-08 (RESIDENTIAL) {CONTINUED FORM OCTOBER 28, 1996): Mayor Nee removed this item from the table and re-opened the public hearing at 8:36 p.m. Mr. Pribyl, Finance Director, stated that the total cost of this project was $177,702.30, with $21,728 being assessed against the affected residential property owners at $8.00 a front foot for concrete curb and gutter. This assessment is for the residential portion of the Main Street improvement. The assessment will be spread over a ten-year period at an interest rate of 6-1/2 percent. No persons spoke regarding this proposed assessment. MOTION by Councilwoman .Bolkcom to close the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:40 p.m. 12. PUBLIC HE�RING ON ASSESSMENT FOR 1995 STREET IMPROVEMENT PROJECT NO. 1995-1 & 2(CONTINUED FORM OCTOBER 28, 1996): Mayor Nee removed this item from the table and reopened the public hearing at 8:40 p.m. No persons in the audience spoke regarding this proposed assessment. MOTION by Councilwoman Jorgenson to close the public hearing. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:40 p.m. 13. PUBLIC HEARING ON ZONING TEXT AMENDMENT, ZTA #96-02, BY NOAH'S ARK, TO �NIEND THE FRIDLEY CITY CODE, CHA.PTER 205, ENTITLED "ZONING," BY AMENDING SECTIONS 205.07.Q1.Ct8), 205.08.O1.C(8). 205.09.O1.C(17), AND 205.14:O1.A(14), TO PROVIDE PARKING STANDARDS FOR NURSING HOMES, CONVALESCENT HOMES AND HOMES FOR THE ELDERLY: FRIDLEY CITY COUNCIL MEETiNG OF N4VEMBER 4, i996 PAGE 9 MOTION by Councilwoman Bolkcom to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, ali ti=oting aye, Mayor Nee deciared the motion carried unanimously and the public hearing opened at 8:40 p.m. Mr. Hickok, Planning Coordinator, stated that this request for a zoning text amendment has been submitted by Noah`s Ark to update the City's parking to reflect actual parking demands for elderly/senior housing and care facilities. It has been determined that the City's code is lacking specific language in defining parking ratios for nursing homes, independent living facilities, and assisted living facilities. Mr. Hickok stated it is recommended that the parking ratio for nursing homes be one space for every four beds and three spaces for every four employees on the largest shift. For independent living facili�ies, the recommendation is one space per unit, with fifty percent of the stalls enclosed. If the building is convertible to market rate, then the number of stalZs shall be based on the nta.mber of bedrooms. The parking recommended for assisted living facilities is one-half space per unit. Councilwoman Jorgenson asked if this amendment would decrease the number of parking stalls that are currently required for nursing homes. Mr. Hickok stated that as far as nursing homes, there are very few residents that have vehicles. The requirement for one space for every four beds is fairly consistent. Councilman Schneider asked why this ordinance would be less restrictive than New Brighton's. Mr. Hickok stated that there are varying numbers around the metropolitan area. New Brighton's ordinance is one that may or may have been modified to reflect industry standards. Very few cities have modified their ordinances. From staff's perspective, they felt parking was exaggerated. Councilwoman Bolkcom stated that on a typical day, there are not many visitors at nursing homes. Councilwoman Jorgenson stated that she was checking this over the weekend. She reported that Fridley Convalescent Home`s parking Iot was totally full. She wanted to be careful that the City was r.ot limiting parking to a typical Monday through Friday staffing and then when people are visiting on weekends, there is not a place to park. There should be sufficient parking available so that people do not park on neighborhood streets. Mayor Nee asked if the parking at �Tillage Green has been evaluated. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 4, 1996 PAGE 10 Councilwcman Jorgenson stated that this weekend there was plenty of space in the back, but the visitors parking area in front of the building was full. Mr. Hickok stated that persons in a nursing home generally do not have vehicles. This would balance the space for employees. Ms. Cheryl Stinski, who operates several facilities for skilled care and independent living, stated that in the skilled care facilities the parking problem centered around the shift changes. The ratio of one to four seems reasonable. In an assisted living facility, very few people drive, and it is not like the nursing home category. Councilwoman Bolkcom stated that it seems the number of parking spaces proposed is reasonable. Mr. Roland Stinski stated that he built the Trevilla Nursing Homes and has never had a problem with parkinq. A one to four ratio would provide plenty of parking. He is constructing an assisted living facility in Burnsville which has a one to four parking ratio. No other persons in the audience spoke regardinq this proposed zoning text amendment. MOTION by Councilwoman Bolkcom to close the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:56 p.m. 14. PUBLIC HEARING ON ZONING TEXT AMENDMENT, ZTA #96-03, BY ROLAND STINSKI, TO ALLOW PROFESSIONAI., JEWELRY SERVICES AS A PERMITTED USE IN CR-1 DISTRICTS: MOTION by Councilwoman Jorgenson to waive the readinq of the public hearing notice and open the public hearing. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:56 p.m. Mr. Hickok, Planning Coordinator, stated that this is a request for a zoning text amendment by Roland Stinski, �ohn Mely, and Brian Sullivan. The request is to amend the CR-1, General Business District, to allow a professional jewelry store as a permitted use. Mr. Hickok stated that staff recommends allowing professional jewelry services as a special use permit, rather than a permitted use. This conclusion is based on a need to limit the retail floor area within a CR-1 complex, minimize the "commercial destination" appearance in an otherwise office or residential district, and to assure adequate parking exists for the other uses in the CR-1 FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 4, 1996 PAGE 11 district. Staff recommends approval ��ith three stipulations which he outlined. Mr. Stinski, the petitioner, stated that he would have no objection to a special use permit rather than a permitted use. Councilman Schneider asked if there are special security requirements that wouid be needed for the operation of this jewelry service. Mr. Stinski s�ated that there is now security in the building; however, the insurance company may require additional security measures. MOTION by Councilman Schneider to close the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 9:01 p.m. OLD BUSINESS: 15. SECOND READING OF AN ORDINANCE REPEAI,ING CHAPTER 12 OF THE FRIDLEX CITY CODE IN ITS ENTIRETY ANb ADOPTING A NEW CHAPTER • 12, ENTITLED "TOBACCO PRODUCTS" AND AMENDING CHAPTER 11 OF THE FRIDLEY CITY CODE, ENTITLED "GENERAL PROVISIONS AND FEES:" MOTION by Councilman Schneider to waive the reading and adopt this ordinance on second reading and order publication. Seconded by Councilman Billings. Mr. Gary Lenzmeier, Deputy Public Safety Director, stated that he understood that Council wished to add several items to this ordinance. These issues involve language to be added regarding training for clerks, a hearing officer, and state statute requirements concerning compliance checks. Councilwoman Bolkcom stated that she wished to thank the persons who spoke last week on this proposed ordinance and for forwarding additional information. Council has information from the City of Hopkins, and she would like to explore implementation of a training program. She would also like the retailers to notify the City as to their compliance with this training. Councilman Billings stated that he understood Hopkins` ordinance stated that the employer needs to have a training program. Super- America already has a trai,ning program �or their employees. Mr. Lenzmeier stated that from information received from the non- smokers coalition, SuperAmerica does have a video series ror training their employees. There �.s amp�.e training information from vendors that retailers can use. FRIDLEY CITY COUNCiL MEETZNG OF NOVEMBER 4, 1996 PAGE 12 Councilman Billings stated that it would appear that adding ianguage regarding training would not be burdensome to the retailers because there is information readily available. Councilwoman Bolkcom stated that Mr. Norris, who was at last week's meeting, was in favor of a training program. Councilwoman Jorgenson noted that Mr. Norris said that Super- America has an extensive training program for compliance. Councilwoman Jorgenson stated that as far as looking at assessing fines for those that are not in compliance, possibly some in-house program could be provided and shared among retailers. Mr. Larry Spiczka, Manager of the SuperAmerica at 5667 University Avenue, stated that they use video tapes for training, as they do not want a questionable tobacco sale. Councilman Billings asked if their program was commercially available or if it was an in-house program. Mr. Spiczka stated that it is an in-house program. Most re�ailers do have some kind of training for their employees. MOTION by Councilwoman Bolkcom to receive a letter from Hubert Humphrey, III, dated October 31, 1996 regarding the sale of tobacco to children. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilwoman Bolkcom questioned the self-serve issue, cited infor- mation received from the University of Minnesota, and how cities arrived at their decisions. Mr. Lenzmeier stated that when he received the information he could not contact those that were instrumental in drafting the legislation. Mr. Burns, City Manager, stated that Council may want to consider a contractual hearing officer to hear appeals based on the enforcement of these laws. A hearing officer probably could be the first step in the appeal process before going to Council which would be consistent with what the City is doing in other areas. Councilwoman Bolkcom stated that she and Councilwoman Jorgenson felt it was not a bad idea to have a hearing officer. It might be worthwhile to find out how much time other cities are spending on these issues and look at their process for resolving these problems. Mr. Lenzmeier stated that in reviewing the ordinances from other cities, he failed to see any reference to a hearing and did not know if this was an oversight or included in another ordinance. FRIDLEY CITY COUNCIL N�ETING OF NOVEMBER 4, 1996 PAGE 13 Councilwoman �orgenson stated that the enforcement is probably through the court system. She wanted to make sure there is some sort of due process. She also wanted to be aware of where and when these problems arise. Councilman Billings questioned the language with regard to compZiance chec�s. As he understands the objections, it seems the non-smokers coalition favored the State statute because it allows them to do studies. Possibly, the State language could be combined with the City's proposed language in that if someone is doing a research project in the City, they need to notify the Police Department beforehand. The City does not necessarily need to have direct supervision of studies but prior approval by the Police Department is in order. � Councilwoman Bolkcom stated that possibly the words "direct supervision" causes the problem. She is not against changing the ordinance so that if someone like the University of Minnesota came in to conduct a study, it could be coordinated with the Police Department. Councilwoman Jorgenson stated that she could visualize where a high school student may want to do a survey for one of his classes. As Iong as they could do it in conjunction with the Police Department, it would be a good effort. Councilman Billings felt that when the University of Minnesota conducted their studies, they are not done with the intent towards enforcement. He is not sure if this is good or bad, but he would like the Police Department to know the study is being conducted. Councilwoman Jorgenson stated that part of the study is usually to control the variables. This would assist the Police Department in controlling those variables. Councilman Schneider felt that the Police Department should be aware if there is a study being conducted. He felt that the ordinance language should be less restrictive, but it should not be so open as to allow everyone to come into the City to do compliance checks. He would be interested if other cities use a hearing examiner for appeals. He would prefer a hearing examiner. Councilman Billings stated that, as he understands, it is felt the language regarding compliance should probably be a little less restrictive but not as restrictive as the state statute. Further, language requiring a training program and possible language regarding a hearing officer versus Council should be added. He stated that he, Councilman Schneider, and Mayor Nee prefer a hearing officer; however, it appears Councilwomen Jorgenson and Bolkcom would like more information on what is being done in other cities with regard to a hearing officer. FRIDLEY CITY COUNCiL MEETING OF NOVEMBER 4, 1996 FAGE 14 Councilwoman Bolkco� stated that she would like to know how other cities are proceeding with appeals, but she is not necessariiy opposed to a hearing officer. Councilwoman Jorgenson questioned if the reason for leaning towards a hearing officer. She asked if there is a concern that Council might be unwilling to impose the heavy fines, or is it just that the hearings would be too cumbersome for Council. MOTION by Councilwoman Jorgenson to �able this item for further staff investigation. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. i6. RESOLUTION NO. 107-1996 CONFIRMING ASSESSMENT FOR EAST RIVER ROAD IMPROVEMENT PROJECT N0. ST. 1999-03 (TABLED OCTOBER 28, 1996) : Mayor Nee removed this item from the table. MOTION by Councilwoman Bolkcom to adopt Resolution IVo. 107-1996, with the amendment to Mr. Sandstrom's front footage from 117.68 feet to 113 feet for his property at 6941 East River Ro�d for a reduction of $42.12 in this assessment. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 17. RESOLUTION NO. 108-1996 CONFIRMING ASSESSMENT FOR MAIN STREET IMPROVEMENT PROJECT NO. ST. 1994-08 (COMMERCIAL) {TABLED OCTOBER 28, 1996): Mayor Nee removed this item from the table. MOTION by Councilwoman Bolkcom to adopt Resolution No. 108-1996. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 18. RESOLUTION NO. 109-1996 CONFIRMING ASSESSMENT FOR MAIN STREET IMPROVEMENT PROJECT NO. ST. 1994-08 (RESIDENTIAI.,) (TABLED OCTOBER 28,1996): Mayor Nee removed this item from the table. MOTION by Councilwoman Bolkcom to adopt Resolution No. 109-1996. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 19. RESOLUTION N0. 110-1996 CONFIRMING ASSESSMENT FOR 1995 STREET IMPROVEMENT PROJECT NO. ST. 1995-1 & 2 (TABLED OCTOBER 28, 1996) : Mayor Nee removed this item from the table. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 4, 1996 PAGE Z5 MOTION by Cauncilman Schneider �o adapt Resolution No. 110-1996 and direct staff to provide the notification io Ms. Angela Percic, the property owner at i020 b8th Avenue who filed an objection. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the mation carried unanimously. NEW BUSINESS: 20. VARIANCE REQUE5T, VAR #96-22, BY KIM J. MILLER OF MILLER FUNERAL HO�IE, TO REDUCE THE REAR YARD SETBACK FROM 40 FEET TO 33 �'EET TO ALLOW CONSTRUCTION OF A 22.7 X 60 FOOT ADDITION TO A STORAGE BUILDING; TO REDUCE THE FRONT YARD SETBACK ON A CORNER LOT FROM 80 FEET TO 37 FEEfi TO ALLOW THE CONSTRUCTION OF A 30.5 BY 66 FOOT ADDITION TO AN EXISTING FUNERI�L HOME, GENERALLY LOCATED AT 6210 HIGHWAY 65 N.E. (TnIARD 2): Mr. Hickok, Planning Coordinator, stated that this is a request for two variances to reduce the rear yard setback from 4fl feet to 33 feet and to reduce the front yard setback from 80 feet to 37 feet. The variances are requested in order to a11ow construction of additions ta the Miller Funeral Home at 6210 Highway 65 N.E. If the variances are approved, the petitioner wi11 construct a 30.5 foot by b6 foot addition to the west of the principal building and construct a 22.7 foot by 60 foot addition on to the garage located in the rear of the property. The hardship indicated by the petitioner is that they need arrangement offices, business offices, casket showroom, and storage. Mr. Hickok stated that the proposed addition is 2F013 square feet and does not impact the sight lines of adjacent properties. The garage addition will be used far vehicle and. casket storage. The Appeals Commission voted unanimously to r�commend approval with four stipuiatians �hai he outlined. Staff recommends concurrence with the Appeals Commission's recommendation. Councilman Schneider stated that he daes not have an issue with the front yard variance, but he is concerned with the garage expansian. �n a previous request there was visual impact to the adjacent residential neighborhood. Mr. Hickok stated After discussing variance request. reviews. that staff received one call from a Mrs. Jasper. this proposal with her she c�aas opposed to the The other 24 peti.tian respondents had mixed Councilman Schr�eider stated �hat he was cancerned i.f the petitioner has reached the point where they have outgroum this parcel of land. The idea of zoning is to pratect persons between zoning districts any encroachments in that area. Mr. Hickok stated that one of the unique features of this site is a 40 foot planting which creates a distinction between the commercial and residential areas to �he west. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 4, 1995 PAGE 16 ��.'. Lexvold, representing Miller Funer�l Home, stated tha� M�-.-Miller �alked with Mr. Addiso�, the property awner on the corner of Baker and West Moore Lake Drive. Mr. Addison circulated a petition the last time they requested a variance. Mr. Addison's main concern was the loss of trees. The offer was made to plant trees in his yard to which he responded favorably. Councilman Schneider stated ��at his biggest concern is the residents. If a petition was submitted and was supported by a majority of the residents, he would look at this request in a be�ter light. ' Mr. Lexvold stated that this was what they tried to accomplish with the letter, but he is not apposed to doing this again. Counczlman Billings asked where this process would be in terms of the sixty-day rule. Mr. Hickok stated that if Mr. Lexvoid agrees for this item to be tabled, it will go beyond th� sixty-day limit. The petitioner would need to recognize this and to request an extension beyond the sixty days. Councilman Billings felt that in addition to Mr. Lexvold's request for an extension, there should be a letter written by the City acknowledginq the request. MOTZON by Councilman Schneider to table this item until the next Council meeting on November 25, 1996 for appropriate information from the petitioner. Seconded by Councilman Billings. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. 21. MOTION TO APPROVE A CONTRACT WITH SPRINGSTED, INC. TO PROVZDE C�NTINUiNG DISCLOSURE SERVICES FOR THE CITY OF �RIDLEY: Mr. Pribyl, Finance Director, sta�ed that there has been a change in reporting requirements required by the Securities and Exchange Commission that impacts municipal debt offerings. This change requires issuers of municipal securities to cantinue to update the infor�nation in the final Official Statement thraughout the life of t�1P. 1SS1.iP_ . Mr. Pribyl stated that this agreement with Springsted, Inc. would provide ior_ tt�e coni�ir�uing disciosure services. The funding wouid come tr_or: the types of everheads charged from the special assessment fur�ds. This is a new cost, and staff r_ecommends approvai of this �ontract with Springsted, Inc. MOTION by Cauncilman Billings �o approve the agreement wi�h Springste�, Inc. to provide conti_nuing disclosure services and aut��orize t.'r�e ap��r�priate City officials �o exec.ute same. Secoizded FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 4, 1996 PAGE 17 by Councilwoman Bolkcom. Upon a voice vote, all voti.ng aye, Mayor Nee declared the motion carried unanimously. 22. RESOLUTION NO. 111-1996 PROVIDING FOR THE ISSUANCE AND SALE OF THE CITY'S $2,935,000 GENERAI., OBLIGATION BONDS, SERIES 1996A: Mr. Pribyl, Finance Director, stated that this is probably the second most favorable bid the City has received on long term bond issues. The low bidder was Piper Jaffray, Inc. at an interest rate of 4.9509 percent. The Council received and reviewed the following bids: True Bidder Price Net Int. Cost Int. Rate Piper Jaffray, Inc. $2,922,726.57 $1,147,250.56 4.95090 Robert W. Baird & Co. Griffin, Kubik, S'tephens $2, 899, 977.70 $l, 138, 569. �0 4. 9b30 � & Thompson, Inc. Dain Bosworth, Inc. $2,913,009.00 $1,155,614.4� 5.0020% Norwest Inv. Serv.,Inc. $2,914,455.00 $1,160,668.13 5.01440 FBS Inv. Serv., Inc. John G. Kinnard & Co. Juran & Moody, Inc. Cronin & Company, Inc. $2,916,161.90 $1,160,842.48 5.0154j Smith Barney Nike Securities $2,899,780.00 $1,167,771.56 5.06620 William R. Hough & Co. J.C. Bradford & Co. Betzold, Berg & Nussbaum & Co. Mr. Bob Thistle, Springsted, Inc., stated that the City received an Aal rating because of sfirong fiscal management and efforts of the Housing and Redevelopment Authority in terms of rede��elopment activities. There were� seventeen or eighteen financial institutions that submi*�ted bids, and the City can be comm2nded. Councilman Billings stated he notes that Piper Jaffray in�icated a tr_ue inter.est rate of 4.9509 percent, and Griffin, Kubik, Stephens & Thompsori, Inc. indicated a true interest rate of 4.9630 percent. However, ttie net interest fcr Piper �affray is $1,147,256.56 and $1,138,569.80 for Griffin, Kubik, Stephens &'3'hompson. He asked why the City was paying about $10,000 more to Piper Jaffray if they quoted a 1.ower inter.es� rat2. Mr. Th�_st,]_e stated �hat �.ile ��ue irLterest r.ate i� w.�at t?�jey L;1`O'.; �.�E�C'� :3�; p��rt O� t�?�"i.�� p?`!��1_i . FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 4, 1996 PAGE 18 Councilman Billings stated that the true interest rate includes the net interest cost plus the vendor's profit. Mr. Thistle stated that there are only three or four cities in the state that have a higher credit rating than Fridley. The better the credit rating the lower the interest rate. MOTION by Councilman Schneider to adopt Resolution No. 111-1996, awarding the bid to Piper Jaffray, Inc. at a true interest rate of 4.9509 percent. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 23. INFORMAL STATUS REPORTS: Mr. Burns, City Manager, stated that John Litchy, the architect, will discuss the design of the Community Education Center project at the informal meeting. Councilwoman Bolkcom stated that she and Councilwoman Jorgenson, along with John Flora, attended a meeting last week on the East River Road sidewalk. About twenty people attended, representing sixteen properties. The residents on the west side, where the sidewalk is proposed, raised several concerns about having it at this location. Their concern was mainly that they would lose property, however, it was made clear that there are easements there. Councilwoman Bolkcom stated that before Council takes any action, she wanted the residents notified. The County should be advised that the Council is reviewing this issue and will contact them when action is taken. She felt this needed to be on the agenda soon and she has no problem with it being on the next meeting, if possible. A letter should be sent to the County indicating it would be brought before the Council on November 25. All the residents who were originally notified should be sent a notice even though they did not attend the neighborhood meeting. Staff should draft a resolution including the sidewalks on the west side of East River Road. Councilwoman Bolkcom stated that about sixteen people attend the meeting. Half were in favor of the sidewalk and half were against it. Several residents were not definitely opposed to having the sidewalk but were concerned how close it would be to their property. The County was going to work wifih them on this issue. One person was totally opposed to the whole East River Road project. Councilwoman Bolkcom stated that staff is working to have a light installed by the trestle, and additional information will be forthcoming. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 4, 1996 PAGE 19 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 November 4, 1996 adjourned at 10:06 p.m. Respectfully submitted, Carole Haddad William J. Nee Secretary to the City Council THE MINUTES OF THE SPECIAL FRIDLEY CIT� COIJNCIL - . MEETING OF NOVEMBER 12, 1996 I THE SPECI MEETING OF THE FRIDLSY CITY COITNCIL OF NOVEMBER 12 1996 The Special Meeting of the Fridley City Council was caZled to order at 7:00 p,m. by Mayor Nee. . � � � ,� Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. -� . MEMBERS PRESENT: MEMBERS ABSENT: ADOPTION OF AGENDA• Mayor Nee, Councilman Bolkcom. Councilwoman Jorgenson, Billings and Councilwoman Councilman Schneider. 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. NEW BUSINESS- l. RE E VE TA ENT ANV FR THE N VE ER R.AL ELECTION: MOTION by Councilwoman Bolkcom to receive the statement of canvass from the November 5, 1996 General Election. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. P,DJOURNMENT- MOTION by Councilwoman Bolkcom to adjourn the meeting. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried tznanimously and the Special Meeting of the Fridley City Council of November 12, 1996 adjourned at 7:05 p.m. Respectfully submitted, William A. Champa, City Clerk William J. Nee Recording Secretary Mayor MEMURANDUM DEVELOPMENT DIRECTOR DATE: November 21, 1996 TO: William Burns Cit Mana er �� , Y 9 � FROM: Barbara Dacy, Community Development Director SUBJECT: Second Reading of an Ordinance Adopting Fair Housing Practices The City must adopt a fair housing ordinance as a result of the settlement agreement with the Sylvan Oaks Tenant Association. An ordinance has been prepared by Fritz Knaak, City Attorney, and Jodee Kozlak, Greene Espel, who represented the City in the settlement agreement with the Sylvan Oaks Tenants Association. The City Council conducted a public hearing on October 28, 1996, and no one appeared to speak in favor or opposition to the ordinance. First reading of the ordinance occurred on November 4, 1996. Recommendation Staff recommends that the City Council approve the ordinance for second and final reading as presented. BDldw M-96-535 1.01 ORDINANCE NO. AN ORDINANCE ESTABLISHING A NEW CHAPTER OF THE CITY CODE OF THE CITY OF FRIDLEY, CHAPTER 221, ENTITLED "FAIR HOUSING PRACTICES", INCORPORATING BY REFERENCE CERTAIN PROVISIONS OF MINNESOTA STATUTES, CHAPTER 363 AND 42 U.S.C. SECTIONS 3601-3631, TITLE VIII OF THE CIVIL RIGHTS ACT, ALSO KNOWN AS THE FEDERAL FAIR HOUSING ACT, FOR THE PURPOSE OF PROHIBITING OR RESTRICTING CERTAIN PRACTICES WITHIN THE CITY OF FRIDLEY AS THEY RELATE TO THE SALE, LEASING, AND RENTAL OF REAL ESTATE The City Council of the City of Fridley does hereby ordain as follows: 221. FAIR HOUSING PRACTICES 221.01. STATEMENT OF POLICY: FAIR HOUSING 1. It is the policy of the City of Fridley to promote and comply fully with the provisions of the Federal Fair Housinq Act, also known as Title VII of the Civil Rights Act of 1968, as well as the provisions of the Minnesota Human Rights Act as they relate to the sale, rental, or leasing of real estate within the boundaries of that City. 2. The City of Fridley has determined that it is in the best interests of its citizens to expressly provide in its own City Code those provisions of law which provide for protection of rights in obtaining, by purchase or rental, adequate housing without fear of unlawful discrimination. The provision for these rights in the City Code, and their enforcement and protection, is done with the intention of supplementing and amplifying, and not in any way reducing or restricting, the rights already provided under existing State and Federal law. 221.02. ADOPTION OF MINNESOTA FAIR HOUSING STANDARDS l. Except as may qtherwise be qualified or expressly modified by these provisions, Minnesota Statutes Section 363.03, subdivisions 2 and 2a, one copy of 1.02 Page 2 - Ordinance No. which is on file in the office of the City Clerk of the City of Fridley, Minnesota, is hereby adopted as the Fair Housing Standards Ordinance of the City of Fridley, Minnesota. Any act defined as discrimination or discriminatory, within the meaning of those provisions, that occurs in the City of Fridley will be a violation of this ordinance. 221.03. PENALTIES 1. Any discr�minatory act occurring in the City of Fridley in violation of the provisions of this ordinance shall be a misdemeanor, punishable by fine of up to 90 days and $700 for each occurrence. 2, Nothing in these provisions shall in any way limit or restrict any person aggrieved by a discriminatory act governed by the provisions of this ordinance from seeking such additional remedies as may be available and provided under either applicable State or Federal law. 221.04. ENFORCEMENT 1, All criminal charges brought under these provisions shall be by a sworn, written complaint. 2. In all instances in which an allegation of a violation of this Title is brought to the attention of the City, the City may, in its discretion, investigate the matter utilizing its own staff and personnel, or defer the matter to the personnel of the State of Minnesota where an investigation is to occur under the relevant fair housing provisions of the Minnesota Human Rights Act. In any case in which State personnel are utilized for purposes of investigation of any alleged violation of the relevant provisions of the Minnesota Human Rights Act, those personnel shall have full authority to charge and prosecute violations of the City`s Fair Housing Code on behalf of the City of Fridley in addition to any other remedies and penalties as may be available to them unde� State law. ,1.03 Page 3 - Ordinance No. PASSED AND ADOPTED BY TIiE CITY COIINCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1996, ATTEST: WILLIAM A. CHAMPA, CITY CLERK Public Hearing: October 28, 1996 First Reading: November 4, 1996 Second Reading: Publication: , 1.04 WILLIAM J. NEE - MAYOR MEMO��.�NDUM PLA�'�TNING DIVISION DATE: November 21, 1996 TO: William Bums, City Manager �t� � FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Second Reading of an Ordinance Amending Chapter 205 of the Fridley City Code, Entitled "Zoning", and Second Reading of an Ordinance Amending Chapter 211 of the Fridley City Code, Entitled "Subdivision The City Council approved first reading of the attached ordinances on November 4, 1996. These amendments will allow the City to comply with the 60 day requirement established by Minnesota State Statute 15.99. This statute requires all land use applications to be processed within a 60 day timeframe. RECOMMENDATION Staff recommends that the City Council approve second reading of the attached ordinances amending Chapters 205 and 211 of #he Fridley City Code. MM/dw M-96-532 2.01 ORDINANCE NO. CONSIDERATION OF AN AI�NDMENT TO THE CITY CODE, �CHAPTER 205, ENTITLED "ZONING", BY ADDING SECTION 205.05.02, "AP�LICATION PROCESSES", AMENDING SECTIONS 205.05.03, 205.05.04, ADDING SECTION 205.05.07, "VACATIONS", AND RENUMBERING CONSECUTIVE SECTIONS WHERE APPROPRIATE The City Council of the City of Fridley does hereby ordain as follows: 205. ZONING 2. APPLICATION PROCESS Any applicati�ns submitted for land use-related matters, including, but not iimited to, variances, special use permits, requests for rezoning, plan and subdivisiori approval, shall only be submitted in the manner provided in this Code. Any written request or submission for application not submitted in the manner prescribed under this Code shall not be deemed "complete". At the first meeting of each year, or as soon after as practicable, the City Council shall establish dates for the following year on which completed application will be accepted. No application is complete or may }�e accepted on any date other than those established by the Council for submission. When a written request or initial application is received by the City, the City shall, within ten days of its receipt, notify the person making the written request or submission if it is not complete. If such a notification is sent, it shall contain a list of those items necessary to complete the request or submission. No period for agency action specified in Minnesota Statutes Section 15.99 shall commence until a complete application is submitted to the City, including any items specified in the notice from the City as the basis for a determination of incompleteness. The City expressly reserves the right to extend, with written notice, the period for action under Minnesota Statutes Section 15.99 for a period of up to 60 days beyond the deadline specified therein, if the City or its staff find that additional time is reasonably necessary to process and review the submission. An extension beyond 60 days may be provided with the consent of the person or persons submitting'the`application or request. 2.�2 Ordinance No. Zoning Page 2 3. ANNEXATION 4. AMENDMENT TO THE ZONING ORDINANCE The Council, by a four-fifths (4/5ths) vote, may adopt amendments to this Chapter as required. The procedure shall be as follows: A. Initiation For Amendment. (1) Any person owning real estate may petition the City Council to amend the district boundaries so as to affect the real estate. {2) The City Council or the Planning Commission may, upon their own motion, initiate a request to amend the text or the districting map of this Chapter. B. Application For Amendment. Al1 petitions for amendments shall be filed with the City on forms provided by the City together with such filing fee as may be established by the City Council. C. Referral To The Planning Commission. All petitions for amendments shall be referred to the Planning Commission which shall hold an official public hearing within forty (40) days of the date of filing such petition. D. Hearing. A notice of hearing shall be published in the official newspaper at least ten (10) days, but not more than thirty (30) days, prior to the date of the hearing. The notice shall contain the dates of the public hearing before both the Planning Commission and the City Council. E. Action By The Planning Commission. (1) If the request is for district change, notices shall be mailed not less than ten (10) days nor more than thirty (30) days prior to the hearing to all owners of property within 350 feet of the parcel of land included in the request. The notice shall contain the dates of the public hearing before both the 2.03 Ordinance No. Zoning Page 3 5. Planning Commission and the a property owner to receive any such proceedings as set City Council. Failure of notice shall not invalidate forth within this Chapter. (2) The Planning Commission shall make its recommendation to the City Council on the night of the public hearing. In the event that no action can be taken by the Planning Commission because of the absence of available information or, in its judgment, and inadequate period of time has elapsed to fuliy examine or study the application or other submission, the period of time for the action by the City shall be, for purposes of Minnesota Statutes Section 15.99, be immediately extended for an additional sixty (60) days, or such lesser time as the City may, in its discretion, deem reasonable under the circumstances, and the person or persons making the application or other submission shall be immediately notified of the extension in writing. F. Action By The City Council. (1) All petitions for amendments shall be forwarded to the City Council from the Planning Commission. The City Council shall hold an official public hearing at the next available meeting following the Planning Commission public hearing, with adequate time given ta prepare the minutes of the hearing, and follow the process for approval of an ordinance as required under the Fridley City Charter. In no case shall� this exceed sixty (60) days either from the date of the receipt of the completed application or submission, unless extended by the Planning Commission, and in that case no later than the petitioner. (2) If the request is for a district change, notices shall be mailed not less than ten (10) days nor more than thirty {30) days prior to the hearing to all owners of property within 350 feet of the parcel of land included in the request. The notice shall contain the dates of the public hearings before both the Planning Commission and the City Council. Failure of a property owner to receive notice shall not invalidate any such proceedings as set forth within this Chapter. , SPECIAL USE PERMIT 2.04 Ordinance No. Zoning Page 4 A. Purpose. The purpose of t�is Section is to provide the City of Fridley with a reasonable degree of discretion in determining the suitability of certain designated uses upon the general welfare, public health and safety. In making this determination the City may consider the nature of the land upon which the use is to be located, the nature of the adjoining land or buildings, the effect upon traffic into and from the premises or on any adjoining roads, and all such other factors as the City shall reasonably deem a requisite of consideration in determining the effect of such use. For the purpose of recording, the terms Special Use Permit and Conditional Use Permit shall be said to mean one and the same pursuant to M.S.A. Section 462.3595, Subdivision 4. B. Application. Whenever this Chapter requires a Special Use Permit, an application in writing must be filed with the City together with such filing fee as may be established by the City Council and shall be accompanied by a site plan or other documentation as required by the City. C. Referral To The Planning Commission. The application and related file shall be referred to the Planning Commission for study concerning the effect of the proposed use on the Comprehensiue Plan and on the character and development of the neighborhood. The Planning Commission shall hold an official public hearing within forty (40) days of the date of filing such petition. D. Hearing. A notice of public hearing shall be published in the official newspaper at least ten (10) days but not more than thirty (30) days prior to the date of the hearing. E. Action By The Planning Commission. (1) Notices shall be mailed to all owners within 350 feet of the�parcel included in not less than ten (10) days nor more than 2.05 of property the request thirty (30) Ordinance No. Zoning Page 5 days prior to the hearing. Failure of a property owner to receive notice shall not invalidate any such proceedings as set forth within this Chapter. {Ref. 1026) (2) The Commission shall make its recommendation to the City Council on the night of the public hearing, except as otherwise provided herein. F. Council Action. (1) The City Council shall consider applications for Special Use Permits at the next available meeting following the Planning Commission public hearing, with adequate time given to prepare the minutes of the hearing. In no case shall this exceed sixty (60) days from the receipt of the completed application unless otherwise extended, with written notice to the applicant for up to sixty additional days, or as otherwise consented to in writing by the Petitioner. (2) Approval: In considerinq applications for Special Use Permits under this Code, the City Council shall consider the advice and recommendations of the Planning Commission and the effect of the proposed use upon the health, safety and general welfare of occupants of surrounding lands, existing and anticipated traffic conditions and the effect on values of property in the surrounding area. If it is determined that the proposed use will not be detrimental to the health, safety or general welfare of the community, nor will cause serious traffic congestion nor hazard, nor will seriously depreciate surrounding property values, and that the same is in harmony with the general purpose and intent of the Zoning Code, the City Council may grant such permit and may impose conditions and safeguards therein by a favorable vote of a majority of all members of the Council. (3) Agreement: The City Council may require a written agreement, deposit of certified check or funds, a bond or other assurance of faithful observance of conditions, the violation of which shall invalidate the permit and shall be considered a violation of this Chapter. 2.os Ordinance No. Zoning Page 6 (4) Denial: Special Use Permits may motion of the Council and such motion that conditions required for approval be denied by shall constitute do not exist. No application for a Special Use Permit which has been denied wholly or in part, shall be resubmitted for a period of six (6) months from the date of said order of denial, except on new ground or new evidence or proof of changes of conditions found to be valid by the Planning Commission. G. Lapse Of A Special Use Permit By Non-Use. Whenever within one (1) year after granting a Special Use Permit, the recipient of the Special Use Permit shall not have commenced the work as required by the permit, then such permit shall become null and void unless a petition for an extension of time in which to complete the work is granted. Such extension shall be requested in writing and filed with the City at least twenty (20) days before the expiration of the original Special Use Permit. The request for extension shall state facts showing a good faith attempt to complete the work. Such petition shall be presented to the City Council for final action. H. Revocation of Special Use Permit. Failure to comply with any and all eonditions and stipulations issued with a special use permit shall result in revocation of the special use permit. Revocation shall occur after a public hearing by the City Council and in compliance with Minnesota Statutes Chapter 462. All costs incurred by the City during the revocation process may be assessed to the property. 6. VARIANCES 7. VACATIONS A. Application. In order to vacate any right of way or easement, an application in writing must be filed with the City together with such filing fee as may be established by the City Council and shall'be accompanied by a site plan or other documentation as required by the City. Documentation shall 2.�% Ordinance No. Zoning Page 7 include a written petition signed by all property owners directiy abutting the right of way or easement to be vacated, their agreement of the vacation request. B. Referral To The Planning Commission. The application and related file shall be referred to the Planning Commission for study concerning the effect of the vacation on the Comprehensive Plan and on the character and development of the neighborhood. The Planning Commission shall hold an official public hearing within forty (40� days of the date of filing such petition. C. Hearing. A notice of public hearing shall be published in the official newspaper at least ten (10) days but not more than thirty (30) days prior to the date of the hearing. D. Action By The Planning Commission. (l� Notices shall be mailed to all owners of property within 350 feet of the parcel containing the easement, or the right.of way to be vaca�ed, not less than ten (10) days nor more than thirty (30) days prior to the hearing. Failure of a property owner to receive notice shall not invalidate any such proceedings as set forth within this Chapter. (Ref. 1026) (2) The Commission shall make its recommendation to the City Council on the night of the public hearing, or table action until the next regularly scheduled meeting. If the application is tabled, the City may provide for an extension of no more than 60 days of the period for consideration of the appiication by notifying the applicant of that decision in writing. In no event shall any extension beyond the additional sixty days be permitted absent the express written consent of the applicant. E. Council Action. (1) The City Council shall consider applications for Vacations at the next available meeting following the Planning Commission public hearing, with adequate time given_to prepare the minutes of the hearing. In no 2.�$ Ordinance No. Zoning Page 8 : � case shall this exceed sixty (60) days from the date of receipt of the competed application unless an additional period of time is established by the planning commission or the council as necessary for further deliberation and the applicant is so notified in writing. In no event shall any such extension exceed a period sixty days beyond the original sixty day period unless consented to by the petitioner in writing. The City Council shall follow such procedures as established by the City Charter for approval of vacation requests. BUILDING PERMITS CERTIFICATE OF OCCUP�NCY 10. ENFORCEMENT PASSED AND P.DOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY TFiIS DAY OF , 1996. ATTEST: WILLIAM A. CHAMPA - CITY CLERK Pubiic Hearing: First Reading: Second Reading: Publication: WILLIAM J. NEE - MAYOR October 28, 1996 November 4, 199b 2.09 ORDINANCE NO. AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 211, ENTITLED "SUBDIVISION" BY AMENDING SECTION 211.04.01, DELETING SECTION 211.04.O1.0 AND F, AND AMENDING SECTION 211.04.02 AND REN[A�ERING CONSECUTIVE SECTIONS. - The City Council of the City of Fridley does hereby ordain as follows: 211. SUBDIVISION (Ref. 75, 126, 168, 207, 229, 633, 667, 754, 1026) 211.01. PURPOSE The regulations and provisions established by this Chapter are for the following purposes: 1. To establish standard procedures, requirements, and conditions for the preparation, submission and approval of land subdivisions within the City of Fridley. 2. To secure satisfactory conformity of such subdivisions to the land use, the major thoroughfare plan, the official map, zoning and other plans and chapters`of this Code. 3. To assist the orderly, efficient, and integrated development of the City of Fridley. 4. To promote the health, safety and general welfare of the residents of the City of Fridley. 5. To guide the City in the performance of its functions and duties. 211.02. DEFINITIONS For the purpose of this Chapter, words used in the present tense shall include the future; words in the singular shall include the plural, and the plural the singular; and the word shall is mandatory and not discretionary. The following definitions shall apply in the interpretation and application of this Chapter and the following words and terms wherever they occur in this Chapter are defined as follows� 2.10 e Ordinance No. Subdivision Page 2 1. Auditor's Subdivision. Al1 lands formerly described by complicated metes and bounds descriptions where the Anoka County Auditor has simplified the description for tax purposes by assigning a lot number. 2. City. Any person duly appointed, authorized, delegated or otherwise given the official capacity to act as a representative or agent for the City of Fridley. 3. County Surveyor. The Anoka County Officers who examine or check plats or subdivisions prior to acceptance by the Registrar of Deeds for filing in Anoka County. � 4. Lot. An existing division of land that can be conveyed without further subdivision. The term "lot" is generally interchangeable with the terms "parcel" or "tract". 5. Plat. A map, drawing or chart which graphically delineates the boundary of land parcels for the purpose of identification and record of title. The plat is a recorded legal document and must conform to all Minnesota State Laws. 6. Plat, Final. The final map, drawing or chart on which the subdivider's plan of subdivision is presented to the City Council for approval and which, if approved, wili be submitted to the County Registrar of Deeds or Registrar of Titles. 7. Plat, Preliminary. A preliminary map, drawing or chart indicating the proposed layout of a subdivision to be submitted to the City Council for their consideration. 2.11 Ordinance No. Subdivision Page 3 8. Registered Land Survey A District Court ordered survey of unplatted registered land which serves as a prerequisite for conveyance of any part thereof. 9. Subdivider. Any person, firm, corporation, partnership or association who causes land ta be divided, platted or planned into a subdivision for such person or others. 10. Subdivision.. The separation of an area, parcel, or tract oi land, under single ownership, into two (2) or more parcels, tracts, lots, or long-term leasehold interests where the creation of the leasehold interest necessitates the creation of streets, or roads, for residential, commercial, industrial, or other use or any combination thereof, except those separations: A. Where all the resulting parcels, tracts, lots, or interests will be 20 acres or larger in size and 500 feet in width for residential uses and five (5) acres or larger in size for commercial and industrial uses; B. Creating cemetery lots; C. Resulting from court orders, or the adjustment of a lot line by the relocation of a common boundary. 211.03. CONVEYANCE RESTRICTIONS 1. No conveyance of land to which the regulations of this Chapter are applicable shall be filed or recorded if the land is described in the conveyance by metes and bounds or by reference to an unapproved registered land survey made after April 21, 1961, or to an unapproved plat made after such regulations become effective. In addition, no land shall be conveyed if it is Iess than a whole parcel of land as charged in the tax lists unless it is approved or waived by the City. The foregoing provision does not apply to a conveyance if the land described: A. Was a separate parcel of record April 16, 1952, (date of adoption of subdivision regulations by the City), is not part of a contiguous development and conveyance will not 2.�2 Ordinance No. Subdivision Page 4 result in a violation of Chapter 205 of the City Code, or B. Was the subject of a written agreement to convey entered � into prior to April 21, 1961, or C. Was a separate parcel of not less than two and one-half (2 1/2) acres in area and 150 feet in width on January 1, 1966, or '� D. Was a separate parcel of not less than five (5) acres in area and 300 feet in width on July l, 1980, or E. Is a single parcel of commercial or industrial land of not less than five (5) acres and having a width of not less than 300 feet and its conveyance does not result in the division of.the parcel into two (2) or more lots or parcels, any one of which is less than five (5) acres in area or 300 feet in width, or F. Is a single parcel of residential or agricultural land of not less than 20 acres and having a width of not less than 500 feet and its conveyance does not result in the division of the parcel into two (2) or more lots or parcels, any one of which is less than 20 acres in area or 500 feet in width. 2. In any case in which compliance with the foregoing restrictions will create an unnecessary hardship and failure to comply does not interfere with the purpose of this Chapter, the City Council may waive such compliance by adoption of a resolution to that effect and the conveyance may then be filed or recorded. Any owner or agent of the owner of land who conveys a lot or parcel in violation of the provisions of this subdivision shall forfeit and pay to the City a penalty of not less than $100 for each lot or parcel so conveyed. The City may enjoin such conveyance or may recover such penalty by a civil action in any court of competent jurisdiction. 211.04. SUBDIVISIONS Hereafter all subdivisions of land as defined herein, made within the City of Fridley, shall be subject to and shall conform to these regulations and other applicable law and shall conform to the land use plan, the major thoroughfare plan, the official inap, the Zoning Chapter and'other City plans, ordinances, chapters and regulations. 2.13 Ordinance No. Subdivision Page 5 1. Lot Split. Any existing lot, parcel or tract of land may be subdivided into two (2) or more parcels by means of a"lot split" when each parcel within the subdivision can be described as a simple fractional part of an existing City approved plat, Auditor's Subdivision, or Registered Land Survey. A. Application Application for a lot split shall be made on forms furnished by the City and shall include a Certificate of Survey showing: (1) scale and north arrow; (2) dimensions of the property; (3) names and locations of adjacent streets; (4) location of any existing structure; and, (5) any other information as may be necessary to determine if the lot split meets the intent and requirements of this Chapter. B. Review (1) The proposed lot split shall be informally heard by the Planning Commission within forty (40) days of the filing of an application for lot split. Notices shall be mailed to all owners of property within 350 feet of the parcel included in the request, not less than ten (10) days nor more than thirty (30) days prior to the hearing. Failure of a property owner to receive notice shall not invalidate any such proceedings as set forth within this chapter. (Ref. 1026) (2) After considering such things as adjacent land use, traffic patterns, zoning regulations, future development, plans for parks, bikeway/walkways, street extensions, and other criteria deemed pertinent, the Planning Commission shall recommend to the City Council either approval, with or without stipulations, or disapproval. 2.14 Ordinance No. Subdivision Page 6 (3) After review and recommendation by the Planning Commission, the application for lot split shall be informally heard by the City Council. The City Council shall approve or disapprove the request for the lot split within sixty (60) days of receipt of the application. Whenever any lot split is to be made, such subdivision can be made without further platting with approval of the Council if the Council shall find.that such subdivision facilitates and does not hinder the transfer and conveyance of the land; does not hinder the making of assessments and keeping of records connected therewith; that it does not result in the creation of any parcel (within or without the subdivision) of a size in area or frontage which is less than is required for purposes of construction of a building on such parcel under the zoning laws and building regulations of the City; and that the subdivision to be made is not made for the purpose of avoiding such conditions and restrictions with respect to the land as might be imposed upon a plat. (Ref. 207) C. Certification and Recording (1) After final approval, a certified copy of the resolution approving the lot split shall be forwarded to the applicant. The lot split, together with a certified copy of the resolution, shall thereafter be recorded among the records of the County within one hundred eighty (180) days after the date of the resolution, unless a longer period of time is granted and provided for recording at the time of approval. (2) A 1ot split not recorded within a period of one hundred eighty (180) days or the approved extension time, is deemed to be one that is not approved and such lot split is not entitled to be recorded; and the same shall not thereafter be recorded except and unless it is presented to the Planning Commission and Council and re-approved. E. Division of Taxes Any lot, parcel, or tract of land that is less than a whole 2.15 Ordinance No. Subdivision Page 7 parcel of land as charged in the tax lists must receive City Council approval before there is a division of taxes. 2. Plat and Registered Land Survey Process. A. Scope All subdivisions as defined in Section 211.02.10 shall be platted, except as allowed in Section 211.04.01. Ali subdivisions which create five {5) or more lots or parcels which are 2 1/2 acres or less in size shall be platted. B. In General {1) A subdivider shall prepare a preliminary plat of a subdivision before preparing a final plat. The subdivider shall submit the preliminary plat together with all required accompanying material to the Planning Commission and shall obtain the approval of the Commission. (2) The subdivider shall then prepare a final plat together with all required accompanying materials and submit them to the Council for approval. The subdivider shall then obtain approval of the Council and by any other agencies and officials whose approval is required by law and shall be duly recorded. (3) No conveyance of any lot or parcel of land in a subdivision shall be lawful until final approval and recording have occurred. In addition, no permit to erect, alter or repair any building shall be issued until such approval and recording. (Ref. 75). C. Steps (1) Preliminary Plat Requirements A preliminary plat shall be clearly and legibly drawn on a high quality reproducible and all copies thereof shall be clear and legible. It shall be of such scale as to show clearly all details thereof. A preliminary plat together with such accompanying documents shall show the following; (a) The boundary lines and dimensions of the land 2.16 Ordinance No. Subdivision Page 8 to be subdivided and the locations of section corners and of existing subdivisions, streets {and street widths) and unsubdivided parcels (and ownerships) adjoining the proposed subdivision, between it and nearest exis�ing street or for such distance beyond as may be required. (b) The proposed general layout, including all proposed streets, alleys, crosswalks through blocks, street widths and proposed names, approximate dimensions of blocks and lots, tentative lot and block numbering and approximate radii of all curves. (c) The existing and proposed easements and right-of-ways for drainaqe, sewerage, utilities, railroad lines, streets. alleys, bikeways, walkways, and any other�areas proposed to be dedicated for public purposes and of any reservations and their purposes. (d) The correct location and designation of all wet lands and water channels, water areas, drainage courses and ditches, and indication of all areas which, before drainage improvement, are subject to inundation or storm water overflow, with.proposed drainage improvement of such areas and of swamps, drainage courses and ditches. (e) A statement giving the intended excavating, grading and filling of land within.the proposed subdivision and the intended removal or destruction of existing trees and other natural ground cover, sufficient to meet the requirements of the City in determining whether a land alteration permit eould be issued in accordance with the City Code. (f) Any required data and materials not practically shown on the preliminary plat shall be submitted on separate sheets, to accompany the plat. (2� Application (a) The subdivider shall submit a tracing and 2.17 Ordinance No. Subdivision Page 9 three {3) dark line prints of the preliminary plat and three (3) copies of documents accompanying the plat to the City. The applicant shall submit the information indicated on the official submission checklist. (b) When land to be subdivided abuts a state trunk highway, one (1) additional copy shall be required and shall be submitted to the State Highway Commissioner with the request that such Commissioner's recommendations, if any, should be received within fourteen (14� days after the date submitted, for consideration by the Planning Commission acting on the plat. (3) Action on Preliminary Plat by Planning Commission (a) The Planning Commission will meet to consider the plat and proposed improvements by the subdivider and the time and method of installation of improvements. (Ref. 75) (b) Not less than ten (10) days before the date of a meeting of the Planning Commission, for consideration of a preliminary plat, the City shall do the following: ((1)) Notify by United States mail the subdivider and the property owners of the property within three hundred fifty (350) feet adjoining the land within the plat of the time and place of such hearing. (Ref. 1026) . ((2)) Publish notice of such hearing in the official City newspaper. (c) At such meeting, all persons interested shall be given an opportunity to make presentations. (4) Preliminary Review (a) The Planning Commission shall take action on a subdivision application within 40 days following delivery of an application completed in compliance with the requirements set forth in this Chapter. 2.18 Ordinance No. Subdivision Page 10 Action by the Planning Commission shall be tentative approval, disapproval or conditional approval of the preliminary plat, the last being tentative approval conditioned upon certain modifications as specified. After the Planning Commission's review of the preliminary plat, it shall be recommended to the Council for final action. {b) All preliminary plats shall be forwarded to the City Council for review and approval or denial. The Council shail consider the preliminary plat application at its next available meeting following the Planning Commission meeting. (5) Final Plat Application Following preliminary review of the application by the Planning Commission, the applicant may request final approval by the City. Request for final plat approval shall occur in writing on the application form supplied by the City. The applicant shall submit three (3) blue line hardcopies, the final mylars, a 200 scale reduction of the plat, the application form, and the fee as established in Chapter 11 to the City. (a) Requirements The final plat shall conform to the preZiminary plat as tentatively approved or conditionally approved, including any required modifications and to the requirements herein and any additional requirements of law. When there is more than one sheet, an index sheet shall be attached showing the entire subdivision, including boundary and streets, at an appropriate scale and indicating the separate sheets of the final plat and the sheet number of each. (b) Submitting Final Plat The subdivider shall within six (6) months after the date of the Council's review of the preliminary plat, submit the final plat together with all' required�accompanying documents to the City. If not filed within the designated 2.19 Ordinance No. Subdivision Page 11 six-month period, unless this period is extended by Council, the action of Planning Commission and the Council on the preliminary plat shall become null and void. If required improvements are not installed prior to filing, a cash deposit, certified check or surety bond insuring later installation or a petition to have the City install same and assess cost against the subdivider shall accompany the final plat. (c) Action on Final Plat Before the Council approves the final plat, the plat shall comply with all conditions and requirements of this Chapter and all conditions and requirements upon which preliminary approval is expressly conditioned either through performance or the execution of appropriate agreements assuring performance. If a plat is disapproved by the City, no application for the denied subdivision of land may be submitted for a period of three (3) months following the denial. (d) Failure to Finally Approve or Disapprove If the Council fails to certify final approval within sixty (60) days after the application for final plat has been submitted, and if the applicant has complied with all conditions and requirements of this Chapter, the application shall be deemed finally approved, and upon demand the City shall execute a certificate to that effect. (e) Survey After approval of the final plat, the subdivider shall cause the subdivision to be surveyed, staked and monumented by a registered surveyor in accordance with the requirements herein, with statutory requirements and with any requirements of the County Platting Authority. 2.2� Ordinance No. Subdivision Page 12 {f) Recording �fter approval, the final plat shall be recorded among the records of the County within one hundred eighty (180) days after the date of Council approval unless a longer period is granted at the time of approval. A plat not recorded within a period of one hundred eighty (180) days or the approved extension time, is deemed to be one that is not approved and such plat is not entitled to be recorded; and the same shall not thereafter be recorded except and unless it shall have again been presented to the Planning Commission and Council and approved for recording. (g) Time Extension A time extension for recording a plat shall be granted upon application duly made to the Council unless the Council finds after a hearing that the delay and failure to record within the period of time allowed was without justifiable cause and that the conditions and circumstances attendant to the land within the plat and in the immediate surrounding area as is affected thereby are materially and substantially different from those present at the time such plat was originally approved and that the plat as made is no longer deemed an appropriate plat with the conditions and circumstances present. In making such determination, the Council can consider among other things any changes in zoning, sizing of lots, location of streets and utilities in the lands within or adjacent to said plat and other factors deemed material, and is not limited thereto. (Ref. 229) (h) Appeal to Council No final plat of a subdivision shall be approved by the Council if the preliminary plat thereof was disapproved by the Planning Commission except that any subdivider may appeal the Commission's action on the preliminary plat to the Council to overrule 2.21 Ordinance No. Subdivision Page 13 said action. The Council, as a result of the appeal, may elect to consider the preliminary plat and give it approval, conditional approval or disapproval. The grounds for any refusal to approve a final plat shall be set forth in the proceedings of �he Council and reported to the person or persons applying for such approval. (i) Required Signatures No plat of a subdivision shall be filed with the Registrar of Deeds or accepted for filing unless signed by the Mayor and Manager or Clerk and unless approved as to survey and engineering accuracy by the County Platting authorities. 3. Zero Lot Lines. �. The City may approve subdivisions for the development of zero lot line, common wall residential structures within R-2 and.R-3 zones. These lots shall be divided equally as is reasonably possible within the restrictions of the existing guidelines of the Zoning Chapter. B. A1.1 other zoning requirements in the respective districts except for the setbacks along the common wall, zero lot line(s) must be met. C. Separate meters must be provided to each dwelling unit for water, electricity and natural gas. In addition, the common party wall(s) fi.re ratinq shall be one hour for existing structure and two (2) one hour walls for new construction. D. The owner of the property to be subdivided shall execute and record at their expense a"Declaration of Covenants, Conditions and Restrictions" as provided by the City. The said document shall be used to protect the rights of the individual owners sharing the single structure to maintenance, repair and construction in case of damage to the original structure. The declarations, covenants, conditions and restrictions shall provide protection to the property owners and the City on the following objects: (1) Building and Use Restrictions. z.22 Ordinance No. Subdivision Page 14 {2) Party Walls. (3) Relationships among owners of adjoining living units and arbitration of disputes. E. The City shall be a beneficiary to these declarations, covenants, conditions and restrictions. 211.05. VARIANCES Should the Planning Commission or Council find that any of the regulations or requirements herein are not applicable to a proposed land subdivision or to a preliminary or final plat thereof, or would cause undue hardship, it may permit such variations therefrom as are not contrary to the intent and purpose of these regulations or other applicable law o.r any applicable plan or portion thereof. The nature of the variances to be permitted in a particular case, with reasons why they are deemed necessary, shall be recorded in the minutes of the meeting and shall be transmitted to the subdivider. 211.06. SPECIAL DISTRICTS The requirements of this Chapter may be modified or excepted in the case of special zoning districts established under.Chapter 205 of the City Code. 211.07. DESIGN STANDARDS A preliminary plat and a final plat shall be made with such design standards as are applicable thereto, said standards being established for the purpose of guiding and accompanying a coordinated, adjusted and harmonious development of Fridley which will, in accordance with existing and future needs, best promote the public health, safety, order, convenience and the general welfare and efficiency and economy in the process of development. The following design standards are hereby established for land subdivisions: l. Layout. General layout, street pattern, street and public areas, facil,ities and.uses, regulations and other applicable law, Comprehensive Plan. 2.23 widths, proposed private shall conform to these. and to the City's Ordinance No. Subdivision Page 15 2. Public Dedication. A. As a general rule, each subdivision shall be required to dedicate land, or pay into the City fund a cash payment equivalent, for public uses including schools, parks, playgrounds and other public purposes other than public right-of-way, in the following manner: Ten (10$j percent of all the gross area of residential zoned property to be subdivided.; three (3�) percent of the gross area of commercial or industrial zoned property to be subdivided. B. Any land dedication in excess of the 10� or 3� requirement shall be reserved for a period of two (2) years during which time the City or other public body may buy such land. C. In addition to the above described general rule, the following conditions and requirements shall also be complied with: (1) The City may choose to accept an equivalent amount in cash from the applicant for part or all of the portion required to be dedicated to such public uses or purposes based on the fair market value of the land no later than at the time of final approval. (2) Any cash payments received shall be placed in a special fund by the City and used only for the purposes for which the money was obtained. (3) The City must reasonably determine that it will need to acquire that portion of land, or the cash equivalent thereof, for the purposes stated in this Section as a result of approval of the subdivision. D. The provisions of this Section may be modified if the City Council determines that individual circumstances call for adjustment. 3. Street Patterns. Street patterns should'follow substantially the patterns shown on the land use plan or shall be at least the equal of the planned 2.24 Ordinance No. Subdivision Page 16 patterns in these respects: they shall adequately serve platted lots when developed; they shall intersect existing or planned trunk highways and major thoroughfares at infrequent intervals only; they shall not obstruct the reasonable and desirable development of adjoining, unsubdivided lands in conformity with any applicable plans and with these design standards, they shall be such as to discourage through traffic from using minor streets in the subdivision; and they shall be suited to the topography of the land, but with their orientation influenced by walking direction and distance to and from existing and planned parks, playgrounds and schools. 4. Access. The street pattern shall be designed so as to minimize access points and crossings along all railroad and arterial thoroughfares. 5. Public Streets. All proposed streets shall be offered for dedication as public streets, with no private streets shown. 6.. Right Angle Intersection. Streets shall intersect or intercept each other at right angles with variations of not more than twenty (20°) degrees permitted when considered necessary. 7. Grades. Street grades of six (6�) percent shall be considered a desirable maximum to be exceeded only when required by topography or other controlling and physical condition. Grades of all streets, walks, curbs and gutters shall be approved by the City. 8. Jogs. Jogs in streets shall have center line offsets of 125 feet or more. 9. Major Streets. The location, width and alignment of trunk highways and major streets shall conform to the official map, to the major street plan and to any other applicable plans, including State and 2.25 Ordinance No. Subdivision Page 17 County highway plans. Width of secondary major thoroughfares, not trunk highways, shall be 60 feet. 10. Minor Streets. Widths of minor residential streets shall be a minimum of 50 feet. 11. Business Streets. Widths of streets serving business, industrial, multiple dwelling, institutional or public frontage shali be not less than shown on the land use plan or other applicable plan, and when not shown, shall be as specified by the Planning Commission, or by the City acting for the Planning Commission. 12, Cul-De-Sac Streets. Dead-end or cul-de-sac streets shall be no longer than 600 feet with a turn around at the closed end having property line and curb-line diameters of not less than 100 feet and 80 feet respectively, except that such minimums may be altered when required by topography or other controlling conditions. 13. Corners. Property lines at residential street corners shall be rounded on a radius of not less than 10 feet and curb lines on a radius of not less than 20 feet, provided that greater radii may be required by the Planninq Commission where deemed necessary. 14. Half-width Streets. Half-width streets are not acceptable except as found practically necessary by the Planning Commission and only with the assurance of dedication of the other half when adjoining property is subdivided. 15. Corporate Boundary Streets. For protecting the City in developing and maintaining streets bordering the corporate limits, where a half-width street dedication is proposed, the subdivider shall furnish one of the following with the preliminary plat: A. Assurance that the remaining half outside the corporate 2.2s Ordinance No. Subdivision Page 18 limits has or will be dedicated, or B. A warranty deed for the remaining half outside the corporate limits, or C. An easement for street purpose, signed by the owners of the part outside the corporate limits. 16. Street Names. Names of streets which are extensions of existing streets shall be the same, provided that these and other street names shall be subject to City approval. 17. Biock Lengths. Residential blocks shall normally be of sufficient width for two: (2) tiers of lots. Block lengths shall be determined by. circulation and other needs, with lengths up to 1�500 feet permissible when appraved by the Planning Commission. A pedestrian way or crosswalk, not less than 10 feet in width, may be required approximately midway�in a block that is 700 feet or more in length, or for access to schools, playgrounds, shopping centers and to other areas.and facilities. Where residential . blocks with lots deeper than 260 feet as proposed, a rese�vation for a future street through the middle of the block longitudinally, may be required by the Planning Commission: 18. Accessibility. Each lot shall be served from a public street satisfactorily for general accessibility for fire fighting, refuse collection and delivery purposes. 19. Lot Size. The size of lots shall be as set forth in Chapter 205 of the City Code. A corner lot shall have extra width ot 5 feet or more for setback of a building adequately from both streets. Each lot shall be adequate to provide space for the dwelling and all necessary accessory buildings. 20. Side Lot Lines. Side lot lines shall be at right�angles or radial to street lines, with slight variations under difficult conditions 2.2% Ordinance No. Subdivision Page 19 permissible, with Planning Commission approval. 21. Easements. Easements offered for dedication should be shown along lot lines where needed for utility purposes, for drainage, for screen planting or other purposes. Utility easements along rear lot lines will usually be required unless alleys are provided with required width being 12 feet for a single easement or for the total of two (2) parallel, adjoining-easements on two (2) lots. Minimum width of drainage easements, single or double, shall be 20 feet and screen planting and other easements, single or double ° shall be 10 feet or such greater width in specific cases as the Planning Commission shall require. 211.08. REQUIRED IMPROVEMENTS As a condition precedent to the approval of a final plat, the subdivider shall give satisfactory assurance of the installation of at least the following improvements at the subdivider's own expense, within a peric�d of.time specified by the Planning Commission: l. Grade Streets. Grade all streets and walks to specified grades and surface all streets in accordance with adopted plans and specifications. 2. Install Underground Utilities. Install water mains, storm and sanitary sewers and additional drainage facilities, where any or all are required. 3. Off Street Improvements. Erect street name signs, sod boulevard areas and plant at least two (2) satisfactory street trees on each lot near the front lot line, or in the boulevard area, whichever is specified by the City. Grades shall be set by the City and improvements shall be according to previously or hereinafter established standards and specifications by the Council. An escrow may be provided in lieu of the installations. 4. Delay of Streets. Where water mains, storm and sanitary sewers and addiiional 2..28 Ordinance No. Subdivision Page 20 drainage facilities are to be installed, the reguired street improvements may be deferred until after such installation. 5. Cost of Improvement. To cover the cost of improvements that may not have been completed at the time of filing the final plat, the subdivider shall: A. Furnish cash, a certified check or a surety bond, to the City of Fridley to secure the performance of such installation by him or her within a period of time as stipulated by the Council or to cover installation by the City, or B. Petition the Council to install such impravements, the entire cost of which is to be levied and certified as a special assessment, in which case the subdivider shall agree in writing that in the interim between the filing of the final plat and the certification of the special assessment to the County Auditor there will be no transfer of ownership of any part of the property platted without first depositing with the City an amount sufficient to cover the estimated proportionate amount of such assessment applicable to the lot or parcel of iand transferred. 211.09. EFFECT OF SUBDIVISION APPROVAL For one (1) year following preliminary approval and for two (2) years following final approval, unless the subdivider and the City agree otherwise, no amendment to a comprehensive plan or official control shall apply to or affect the use, development density, lot size, lot layout or dedication or platting required or permitted by the approved application. Thereafter, pursuant to its regulations, the City may extend the period by agreement with the subdivider and subject to all applicable performance conditions and requirements, or it may require submission of a new application unless substan�ial physical activity and investment has occurred in reasonable reliance on the approved application and the subdivider will suffer substantial financial damage as a consequence of a requirement to submit a new application. In connection with a subdivision involving planned and staged development, the City may by resolution or agreement grant the rights referred to herein for such periods of time longer than two (2) years which it determines reasonable and appropriate. 2.29 Ordinance No. Subdivision Page 21 211.10. VACATION OF PLAT l. Any plat or any part of a plat may be vacated by the owner of the property before the sale of any lot therein, by a written instrument with a copy of the plat attached, declaring the same to be vacated. Such vacation shall require the approval of the City Council in the same manner as for plats of subdivisions. The City Council may reject any such instrument which abridges or destroys any public rights in any of its streets or utility right-of-ways. Such an instrument shall be approved and recorded in the same manner as plats or subdivisions. After being recorded, such instrument shall nullify the recording of the plat so vacated and divest all public rights in the streets, and public grounds and all dedications laid out or described in such plat. - 2. When lots have been sold, the plat may be vacated as stated above, provided that all the owners of lots in such a plat join in the execution of such instrument. 3. Platted areas may be replatted, provided that they follow the provisions of this Chapter. 211.11. PENALTIES Any violation of this Chapter is a misdemeanor and is subject to all penalties provided for such violations under the provisions of Chapter 901 of this Code. 2i1.12. FEES The fee for subdivisions (lot split, plat, or Registered Land Survey) of land are provided for in Chapter 11 of this Code. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1996. ATTEST; WILLIAM J. NEE - MAYOR 2.30 Ordinance No. 5ubdivision Page 22 WILLIAM A. CHAMPA, CITY CLERK Public Hearing: October 28, 1996 First Reading: November 4, 1996 Second Reading: Publication: 2.31 MEMORANDUM PLAIVTNING DIVISION DATE: November 20, 1996 TO: William W. Bums, City Manager� �! � FROM: Barbara Dacy, Community Development Director Scott J. Hidcok, Planning Coordinator SUBJECT: First Reading of an ordinance approving a zoning text amendment ZTA #96-03, by Roland Stinski, to amend Code Section 205.16.01.0 to allow professional jewelry services with a special use permit: The City Council conducted a public hearing for ZTA #96-03, at its November 4, 1996 meeting. The request would allow professional jewelry services as a special use permit in the CR-1, General Business District. The Planning Commission conducted a public hearing for this request on October 16, 1996. The Commission unanimously recommended approval of the amendment as a special use permit, rather than a permitted use. The Commission's recommendation included 3 stipulations which we are included in the attached ordinance. Recommendation Staff recommends that the City Council approve first reading of the attached ordinance to allow professional jewelry services as a special use permit in the CR-1, General Business District. 3.01 ORDINANCE NO. AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 205, ENTITLED "ZONING", BY AMENDING SECTIONS 205.16.O1.0 BY ADOPTING NEW SECTION 205.16.O1.C.(5). The City Council of the City of Fridley does hereby ordain as follows: Section l. Section 205.16.O1.C. Special Use Permits: (5) Professional Jewelry Services (a) All retail sales shall be considered as an accessory use and shall not comprise more than 25 percent of the floor area. (b) No exterior signage shall be permitted. (c) A separate exterior entrance shall not be created for the retail sales area. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 25TH DAY OF NOVEMBER, 1996. ATTEST: WILLIAM A. CHAMPA, CITY CLERK Public Hearing: First Reading: Second Reading: Publication: November 4, 1996 November 25,1996 December 16,1996 3.02 WILLIAM J. NEE - MAYOR MEMO��ANDUM PLANNING DIVISION DATE: November 19, 1996 TO: Wiiliam Burns, City Manager �{� � FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: First Reading of an Ordinance Amending Chapter 205 Entitled, "Zoning", to Provide Definitions and Parking Standards for Nursing Homes, Convalescent Homes, and Homes for the Elderly The City Council conducted a public hearing regarding this zoning text amendment at its November 4, 1996, meeting. The Planning Commission recommended approval of the changes to the zoning ordinance at its October 16, 1996, meeting. .� Recommendation Staff recommends that the City Council approve the first reading of the attached ordinance. `� MM:Is M-96-537 4.01 ORDINANCE NO. AN ORDINANCE �,MENDING THE FRIDLEY CITY CODE, CHAPTER 205, ENTITLED "ZONING", BY AMENDING SECTIONS 205.07.O1.C.{8j, 205.07.05.A, 205.08.O1.C.(8), 205.08.05.A, 205.09.O1.C.(7), 205.09.05.C, 205.14.O1.A.(14), AND 205.14.05.0 TO PROVIDE DEFINITIONS AND PARKING STANDARDS FOR HOSPITALS, NURSING H�S, CONVALESCENT HOMES, AND HOMES FOR THE ELDERLY The City Council for the City of Fridley does hereby ordain as follows: 205. ZONING 205.07. R-1 ONE-FAMILY DWELLING DISTRICT REGUI.ATIONS i. USES PERMITTED C. Uses Permitted With a Special Use Permit. (8) Hospitals, clinics, nursing homes as defined in Section 205.03.54, convalescent homes, and homes,for the elderly as defined:.— (a) Independent Living Facilities: Residential living facilities for the elderly which provide limited services; i.e., beauty salons, limited dining, and medical assistance, etc. (b) Assisted Living Facilities: A residential living facility for the elderly with more intensive assistance to residents. 205.08. R-2 TWO FAMILY DAELLING DISTRICT REGULP,TIONS 1. USES PERMITTED C. Uses Permitted With a Special Use Permit. {8) Hospitals, clinics, nursing homes as defined in Section 205.03.54, convalescent homes, and homes for the elderly as defined:.— � � 4.02 Page 2 - Ordinance No. (a) Independent Living Facilities: Residential living facilities for the elderly which provide limited services; i.e., beauty salons, limited dining, and medical assistance, etc. {b) Assisted Living Facilities: living facility for the elderly assistance to residents. 205.09. GENERAL MULTIPLE DWELLING REGULATIONS 1. USES PERMITTED C. A residential with more intensive Uses Permitted With a Special Use Permit. (7) Hospitals, clinics, nursing homes as defined in Section 205.03.54, convalescent homes, and homes for the elderly as defined:.— (a) Independent Living Facilities: Re�idential living facilities for the elderly which provide limited services; i.e., beauty salons, limited dining, and medical assistance, etc. (b) Assisted Living Facilities: living facility for the elderly assistance to residents. A residential with more intensive 205.14 C-2 GENERAI, BUSINESS DISTRICT REGULATIONS l.• USES PERMITTED A. Principal Uses. (14) Hospitals, clinics, nursing homes as defined in Section 205.03.54, convalescent homes, and homes ior the elderly as defined:.— (a) Independent Living Facilities: Residential living facilities for the elderly which provide limited services; i.e., beauty salons, limited dining, and medical assistance, etc. tb) Assisted Livin living facility for assistance to resid 4.03 Facilities: A residential he elderly with more intensive ts. Page 3 - Ordinance No. 205.07. R-1 ONE-FAMILY DWELLING DISTRICT REGCTI�P,TIONS 5. PARKING REQUIREMENTS A. General Provisions. (4) For nursing �arkincr shall be homes and homes for the elderly, provided at the followinq rates: (a) Nursing Homes: One space for every four (4) beds and three (3) spaces for every four (4) employees on the largest shift. (b) Independent Living Facilities: One space per dwelling unit, with 50g of the stalls enclosed. If the building is convertible to market rate, the number of stalls provided shall be as in Sec�ion 205.09.05.C.{1). (c) Assisted Living Facilities: One-half (1/2 space per unit. 205.08 R-2 TWO-FAMILY DWELLING DISTRICT REGULATIONS 5. PARKING REQUIREMENTS A. General Provisions. (4). For nursing homes and homes for the elderly, parking shall be provided at the following rates: (a) Nursing Homes: One space for every four (4) beds and three (3) spaces for every four (4) employees on the larqest shift. (b) Independerit Living Facilities: One space per dwelling unit, with 500 of the stalls enclosed. If the building is convertible to market rate, the number of stalls provided shall be as in Section 5.09.OS.C. (1) . (c) Assisted Living Facilities: One-half (1/2) space per unit. 205.09. GENERAL MULTIPLE DWELLING REGULATIONS > 5. PARKING REQUIREMENTS 4.04 Page 4 - Ordinance No. C. Parking Ratio. (4) For nurs 11 be homes and homes for the elderly, provided at the following rates: (a) Nursing Homes: One space for every four (4) beds and three (3) spaces for every four (4) employees on the largest shift. (b) Independent Living Facilities: One space per dwelling unit, with 50� of the stalls enclosed. If the building is convertible to market rate, the number of stalls provided shall be as in Section 205.09.05.C.(1). (c) Assisted Living Facilities: One-half (1/2) space per unit. 205.14. C-2 GENERAL BUSINESS DISTRICT REGULATIONS 5. PARKING REQUIREMENTS C. Parking Ratio. {1) At least one (1) off-street parking space shall be provided for each 150 square feet of building floor area in the C-2 District except: f) For nursing homes and homes for the elderly, arkinQ shall be provided at the followinq rates: ((1))Nursing Homes: One space for every four (4) beds and three (3) spaces for every four (4) employees on the largest shift. ((2))Independent Living Facilities: One space per dwelling unit, with 500 of the stalls enclosed. If the building is convertible to market rate, the number of stalls provided shall be as in Section 205.09.05.C.(1). ((3))Assisted Living Facilities: One-half (1/2) space per unit. PASSED PND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF ' , 1996. 4.05 Page 5 - Ordinance No. ATTEST: WILLIAM A. CHAMPA - CITY CLERK First Reading: Second Reading: Publication: WILLIAM J. NEE - MAYOR 4.06 CITY OF FRIDLEY PLANNING C�IISSION MEETING, I�iO�VEI�ER 6, 1996 CALL TO ORDER: Chairperson Savage called the November 6, 1996 Planning Commission meeting to order at 7:50 p.m. ROLL GALL: Members Present: Diane Savage, Dave Kondrick, LeRoy Oquist, Dean Saba, Brad Sielaff, Connie Modig, Larry Kuechle (7:57 p.m.) Members Absent: None Others Present: Michele McPherson, Planning Assistant Mark Weispfenning, J.S.S. Architects Charlie Melcher, Ulteig Engineers Ralph Wedgewood, 5871 West Moore Lake Drive APPROVAL OF OCTOBER 16, 1996, PL�NNING COMMIS5ION MINUTES: MOTION by Mr. Oquist, seconded by Mr. Kondrick, to approve the October 16, 1996, Planning Commission minutes as written. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAV�+,iGE DECLARED THE MOTION CARRIED UNANIMOL7SLY. 1. (Tabled) PUBLIC HEARING: CONSIDERATION OF A WETLAND REPLACII�ZENT PLAN, WR 96-01, BY NOAH'S ARK: To fill 9,356 square feet of type PEMC wetland and replace with same on site; 83rd and University Avenue. MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to remove from the table and to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE;'CHAIRPERSON SAVAGE DECLARED THE I�TION CARRIED AND THE PUBLIC HEARING OPEN AT 7:52 P.M. Ms. McPherson stated the subject parcel is located at the intersection of 83rd Avenue and University Avenue N.E. on the west service road. Located to the west is Springbrook Apartments of Northtown which is zoned R-3, General Multiple Family Dwelling. Located to the north is Wal-Mart which is zoned C-2, General Business. The property to the east is currently vacant. To the south of the parcel is the Moose Lodge and the Northwest Orthopedics Building. The subject parcel is zoned C-2, General Business. The proposed development is a 108-unit senior independent living apar�ment building. It is placed on the site in an "L"-shaped configuration. The-building is proposed to be four stories in heigh� with one-story for underground parking. Above 5:01 PLANNING C��IISSION MEETING, NOVEMBER 6, 1996 pA�GE Q ground surface parking spaces are located in front of the building. The building is oriented to the southeast toward the service drive. Two main entrances will be off the service drive. Ms. McPherson stated the Appeais Commission at their last meeting reviewed a variance request to reduce the side yard setback from 25 feet down to 15 feet for the north property line. The Appeals Commission recommended to the City Council approval of the variance request contingent upon approval of the wetland replacement plan. Ms. McPherson stated homes for the elderly are permitted in the C-2 district. The Planning Com�nission is considering the filling and replacing of wetlands on the site by the petitioner in order to do this development. The delineation of the boundary of a Type 5 wetland was done by Pat Arlig and Associates. Type 5 wetlands are typically indicated as being shallow (less than 10 feet deep) with a border of cattails, reeds, dogwoods and other associated wetland shrubs. Typically, Type 5 wetlands are not associated with a lake or river and typically have a sandy bottom. The site also indicates evidence of historic fill on the property and the wetland. edge is very uneven. Ms. McPherson stated the petitioner is permitted to fill up to 5,000 square feet without replacement and anything over that needs to be replaced. The impact area is .21 acres or 9,356 square feet. Subtracting 5,000 square feet leaves an area of 4,356 square feet to be replaced. The petitioner is proposing to create 13,333 square feet which is approximately 3 times the area of impact. The minimum replacement ratio is 2:1. Ms. McPherson stated the way that the petitioner is proposing to mitigate this impact is by creating areas of wetland along the south part of the property. The variance to locate the building as close to the north property line allows a greater mitigation area along the south edge of the building. In addition, with the new changes in 1995, the proposed retention basin is also eligibie for credit. The petitioners are proposing to create the required storm water detention area but, instead of having a dry area in front of the building, they will be retaining water at a certain level so the area will remain wet. Ms. McPherson stated, in the area adjacent to the building, while it is indicated to be filled, the petitioner is proposing to minimize the amount of fill such that the wetland would not be completely fill in, but would be changed from Type 5 to Type 6 which is more of a shrub type wetland and slightly dryer. Ms. McPherson stated, iri terms of�the grading plan, the'storm water is proposed to run off the parking and hard surface areas to'enter ' S.02 PLANNING CO�IISSION MEETING, NaNE1�ER 6, 1996 PA�GE 3 into the retention pond through a series of pipes and scuppers. A series of controlled access points would collect debris. Water would at a certain elevation flow out of the detention area into the wetland area. From the wetland area, the water could flow out of an outlet pipe along 83rd Avenue to flow to the south or it can continue on a natural drainage course west into the drainage ditch along 83rd and then into Springbrook Nature Center. Ms. McPherson stated the consultant, Peterson Environmental, assisted staff in reviewing the request and have agreed that this does comply with State statute and with ordinance requirements. Staff recommends approval of the wetland replacement plan to the City Council with the following stipulations: 1. The petitioner shall submit monitoring information to the City on June 1 of each year, from 1998 until 2003. 2. The petitioner shall submit the plant list for MnDOT seed mix 25A to staff for review. Ms. McPherson stated she has already r�ceived the plant list and it appears to be satisfactory. Mr. Sielaff asked if staff was saying the retention pond is included in the 3:1 ratio. Ms. McPherson stated yes. Under the new rules established in 1995, retention ponds receive partial credit for mitigation. Mr. Sielaff stated the partial credit brings the overall credit to 3:1. Ms. McPherson stated yes. Mr. Sielaff stated staff had stated the petitioner would change a Type 5 wetland to a Type 6 wetland. What does that mean? Is the retention basis a Type 6? Ms. McPherson stated the retention basin is just that. The area behind the building now has open water. An area must be filled completely because thai is where the basement of the building is going to be. When that portion is filled, they will be filling it with the hydric soils that are there�and this area will be planted with more shrub-type materials which is considered Type 6 wetland as opposed to the open water Type 5. Mr. Sielaff asked how many acres of this wetland are not being modified? He does not have a sense of how big the total wetland is currently. 5.03 PLANNING CON�IISSION MEETING NOVEMBER 6 1996 pp,GE 4 Mr. Melcher stated the area is less than one acre. This is a fairly small site. There are certain rules that come into play as of a certain size. The area was smaller than those rules. The wetland area is .21 acres. The entire area is probably three times greater than what is being impacted. Mr. Sielaff stated they were then impacting about 25�. Mr. Melcher stated yes. Mr. Sielaff asked if by making those modifications it changes-the type . - Ms. McPherson stated yes. Changing where the water is and where the hydrology is in relation to the surface soil as well as the plant materials changes the type. Mr. Sielaff asked if they were changing the depth. Mr. Melcher stated yes. They are talking about the fringe. In looking at the grading plan, you will see some fairly close together lines in that area. The thought is to build an area that is a transition from the building, providing a slope, and then the wetland. They are looking to create a 20-foot area for a buffer zone for that transition. That area is partially architectural design and par�ially wetland design. The buffer zone would be wetland with dogwood type of plantings that would flower. There may be some trees and evergreens. Mr. Sielaff asked what sort of wetland it is will depend a great deal on how much water is in there. He is hearing that the petitioner will be filling in an area, putting in vegetation, and then saying they have changed the type of wetland. Mr. Melcher stated, by definition, this is true. Mr. Sielaff stated he would assume the vegetation is not native. The petitioner is just putting it in there. Does that mean the vegetation on the rest of the wetland will be changed? Are we really getting a Type 6 wetland? Mr. Melcher stated the vegetatian over time may change. Nature will take its course. The only way a Type 5 will occur is if the elevation is re-established. Mr. Sielaff asked if the elevation of the water is changed. Mr. Melcher stated yes. ' S:04 PLANNING COl�lISSION MEETING, N0�7EMBER 6, 1996 PAGE 5 Mr. Sielaff stated the other modifications and additions will be at a certain elevation that we think will be a Type 6. Ms. McPherson stated the replacement is proposed to be at the same elevation as the existing Type 5. Mr. Sielaff stated there are currently two types of wetlands there now. Mr. Melcher stated yes. There will be more open water like �uhat is there now. There are two types of wetZands there now and they are replacing the two types. They are putting a Type 6 along the border and the water further from the building. The only structure is the storm water pond which is 2.5 feet higher than the normal water level for a Type 5. The outlet pipe would be at the normal elevation for the wetland this summer. Ms. McPherson stated it happens in na�ure. If you look at a � wetland, it is not all the same. You have types that blend together depending upon where the open water is. If there is a bit more elevation to the soil along that edge, it will be dryer which will harbor dryer wetland plants. Sometimes the delineations blur where the types blend together. They are trying to create a dryer wetland along the fringe area that is still a wetland but a different type. Mr. Sielaff stated, when we.did the inventory of wetlands, a particular wetland was classified as one type. Mr. Melcher stated that is how Board of Water and Soil Resources (BOWSR) would look at it also. To define this zone and the way to approach it is that it is easier to describe the area by saying it will be a Type 6. BOWSR will look at it as one wetland. We look at it as different types. Mr. Sielaff stated one issue on replacement is whether we should have replacement of the same type. Mr. Melcher stated technically the wetland is a Type 5. Along the fringe, the wetland will be a Type 6. They are altering the elevation. Ms. McPherson stated BOWSR just asks where the line is between wet and dry. Mr. Sielaff stated the first stipuTation requires the petitioner to submit monitoring information to the City. What kind of monitoring information is required? 5.05 PLANNING CObSriISSION MEETING, NOVEMBER 6, 1996 PAGE 6 Ms. McPherson stated the statute requires water elevation and photo vegetation information to document how the vegetation is responding and to verify that the water elevations are being maintained at the proper level. This must be reported on an annual basis.• Mr. Sielaff asked if the petitioner must monitor once per year or more frequently. Ms. McPherson stated the City can require them to monitor three times per year and report once per year. No specific standards are set in the statute. It just says this has to be checked, monitored and reported to the City. Mr..Sielaff asked how this is enforced. Has the City determined what the monitoring requirements are and how they are to be reported? Ms. McPherson stated the petitioner does have to receive a permit to do the alteration work and the City will retain a bond for five years to ensure that, if there is a problem for reporting and/or monitoring, the City can correct any problems that are being evidenced by the monitoring and reporting or their faiiure to do the reporting. She has not detailed exactly what type of information the petitioner will have to submit to the City. They can work together before the City Council meeting and work that out. Ms. McPherson stated they did something similar with the Wal-Mart proposal. Wal-Mart's was a little more extreme in that the City actually had them do water quality testing. That is not required as part of the State statute on this. We need to look at elevations and plant growth. The City did hold their bond through the monitoring period and released the bond when there was no impact. Mr. Kondrick asked how deep the retention ponds would be? Is it set up so that, when it fills with water, it will then drain into the wetland area? Will that in fact hold a lot of water? Ms. McPherson stated the retention pond is set up to drain into the wetland. The pond will have water in it. It will hold up to eight feet of water based on the contours. Because it is a storm water pond, there is a restrictive flow pipe so it does have to contain water and can only release it at a certain speed so it does not overpower the system down stream. The inlet pipes coming off the two parking lots are at�an elevation of 868. The bottom of the detention area is 862. The outlet pipe to the wetland area is at 863. Mr. Melcher would have to indicate how much water would be . s.os PLANNING CO�IISSION MEETING, NOVENIBER 6, 1996 PAGE 7 held in the retention pond at any given time. Mr. Melcher stated the bounce is 1.2 feet. The deepest part is six feet. The average is about 3.5 feet of water. There will be a liner in the pond. With the soils on site, the water would percolate into the ground. They have talked about putting in a sprinkler or fountain. He did not know if this would be done. If you must have storm water, it is nice to have something that people can look at and enjoy. Mr. Weispfenning stated he is representing Noah's Ark. He thought this would be a very good project and an attractive building. The retention pond will be an amenity, and he hopes to get a flowing fountain which keeps the water cleaner. As Mr. Melcher has explained, this water system should work. They have done this before in Mounds View. They have a similar situation there where they created a retention pond that overflowed into a natural wetland area which worked out well. He thought the City would be happy with it. Ms. Savage asked if the pe�itioner had any problems with the stipulations. Mr. Weispfenning stated he had no problems. If that is what is required to keep going, then certainly that is what they will abide by. Mr. Me�.cher stated they had already talked about a lot of the things. There are a lot of things here they don't normally have. They don't normally have a wetland that is in such a tough spot. That made it difficult to make project go. With the water on three sides and with the landscaping, it will make this an attractive building. The finishes that were selected will also make it attractive. Their project in Mounds View is at Highway 10 and County Road I which is a three-story building. When you drive into the parking lot, one can see the sidewalks that go all the way around. They also have a Type.6 wetland there as well. They do that because they are close to the building with an underground garage and they don't want the water to get in their. A Type 6 is a dryer wetland. MOTION by Mr. Kondrick, seconded by Mr. Saba, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVA+GE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:25 P.M. Mr. Kondrick stated he saw no problem. He drove by the building in Mounds View. It is similar to what they are proposing here. He is 5.07 PLANNING CONMISSION MEETING, NORTEMBER 6, 1996 PAiGE 8 concerned about the water that flows into Springbrook. He thought they had done what they could to protect that. Water quality is always a concern. He thought the petitioner had gone through the hoops. Ms. Modig stated she had no problems. Mr. Sielaff stated he would like to tighten up the monitoring and reporting. Mr. Melcher stated they have submitted something on monitoring. What they submitted is the typical standards that BOWSR requires._ It lists about eight different things that have to be done including pictures taken from the same spot on the same date every year. In that way, they can see the improvements. Mr. Sielaff stated he thought that was good, but he would like to see explicitly stated what the petitioner is required to do so that everyone knows. Ms. McPherson stated she would formulate the stipulation with specific written guidelines in the rules for the City Council. MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to recommend approval of a Wetland Replacement Plan„ WR #96-01, by Noah's Ark, to fill 9,356 square feet of type PEMC wetland and replace with the same on site; 83rd and University Avenue, with the following stipulations: 1. The petitioner shall submit monitoring information to the City on June 1 of each year, from 1998 until 2003. 2. The petitioner shall submit the plant list for MnDOT seed mix 25A to staff for review. and that the monitoring plan be explained thoroughly and properly to the City Council. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOiJSLY. Ms. McPherson stated this item would be considered by the City Council at their meeting of November 25. 2. APPROVE 1997 MEETING DATES MOTION by Mr. Oquist, seconded by Mr. Kondrick, to the 1997 meetin.g dates as follows: � rJ.08 PLANNING COIrS�lISSION MEETING, NOVEMBER 6, 1996 P�E 9 January 8 February 5 March 5 April 2 May 7 June 4 July 2 August 6 September 3 October 1 November 5 December 3 January 22 February 19 March 19 April 16 May 21 June 18 July 16 August 20 September 17 October 15 November 19 December 17 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVA+GE DECLARED THE MOTION CARRIED UNANIIrlOUSLY. 3. RECEIVE THE MINUTES OF THE HUMAN RESOURCES COMMISSION MEETING OF OCTOBER 3, 1996 MOTION by Mr. Oquist, seconded by Mr. Sielaff, to receive the minutes of the Human Resources Commission meeting of October 3, 1996. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SP,VA,+GE DECLARED TI� MOTION CARRIED UNANII�ICXJSLY . 4. RECEIVE THE MINUTES OF THE HOUSING & REDEVELOPMENT AUTHORITY MEETING OF OCTOBER 10, 1996 MOTION by Mr. Kondrick, seconded by Mr. Saba, to receive the minutes of the Housing and Redevelopment Authority meeting of October 10, 1996. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANII�iOUSLY. 5. RECEIVE THE MINUTES OF THE APPEAL5 COMMISSION MEETING OF OCTOBER 23, 1996 MOTION by Mr. Kuechle, seconded by Ms. Modig, to receive the minutes of the Appeals Conunission meeting of October 23, 1996. UPON A VOICE VOTE, ALI� VOTING AYE, CHAIRPERSON SP,VAGE DECLARED THE MOTION CARRIED UNANIlr10USLY. ADJOURNMENT MOTION by Mr. Kondrick, seconded�by Mr. Oquist, to adjourn the meeting. . 5.09 PLANNING CO1��ISSION MEETING, NOVEN�ER 6, 1996 PAiGE 10 UFON A VOICE VOTE, ALL VI�TING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE NONEI�ER 6, 1996, PLANNING COMrlISSION MEETING ADJOURNED AT 8:30 P.M. Respectfully submitted, �7 G � ,�/ �� Lavonn Cooper Recording Secretary 5.10 S I G N— IN S H E E T PLANNING COIyII�IIBSION.MEETING, Wednesday, November 6, 1996 5.11 CITY OF FRIDLEY PROJECT SUMMARY DESCRIPTION OF REQUEST: The petitioners request approval of their wetland replacement plan to allow fill to be piaced in a Type 5 wettand. if approved, the partial fitling of the wetland wouid ailow construcfion of a 108 unit senior independent living apartment building. The request is for the vacant 3.2 acre parcel located at the intersection of 83'� Aveneu and the West University Avenue Service Drive. Approximately .17 acres of wetland will be filled. The tatal area of the wetland on site is .72 acres (24°� of the wetland will be filled). SUMMARY OF lSSUES The petitioners have submitted the informatio� required under Section 205.27 entitled °Wetlands" and under the 1995 amendments to the Wetland Conservation Act. Peterson Environmental, the City `s consultant, reviewed the petitioner's proposal, and found that if complies with the ordinance, the Aet, and the amendments. The petitionec proposes to mitigate the impact on site by expanding the wetland along 83� Avenue, along the south side of the proposed building. In addition, some Type 5 wetland will be converted to Type 6 wetland. With the 1995 amendments, the petitioner can counf partial i credit for the proposed retention pond designed to address the stormwater runoff from the ' site. Also eligible for credit is the wetland fringe around the created wetland area. The total mitigation area equals .34 acres, twice the impact area. - The petitioner will be required to monitor the wetland for 5 years after construction of the ; , wetland to insure tha# it functions properly. The created wetland will be seeded with a - � combination of existing wetla�d soil and MnDOT seed mix 25A. Staff reviewed this mix and it is satisfactory. PLANNING COMMISSION ACTION: The Pianning Commission voted unanimousiy to recommend approval of the request to the City Cour�cil with the stipulations recommended by staff {Page 5 of report). The minutes of the meeting and the body of the report reflect different impact and mitigation numbers; however, the amount of impact has decreased (.21 acxes to .17 acres). RECOMMENDATION � The proposed wetland replace�nent plan, .as amended, meets the ordinance and Statute requirements. Staff recommends that the City,Council approve the attached resolution approving the replacement plan, WR #96-01; with one stipulations. �� '6.01 RESOLUTION NO. - 1996 RESOLUTION APPROVING A WETLAND REPLACEMNT PLAN , WR #96-01, BY NOAH'S ARK, GENERAtLY LOCATED AT 83RD AND UNIVERSITY AVENUES. WHEREAS, the project is not wetland-dependent; and WHEREAS, the applicant provided a minimum of two altematives in addition to the proposed project, and the City has determined those altematives to be good faith efforts; and WHEREAS, all feasible and prudent altematives have been considered that wouid avoid impacts to wetlands; and WHEREAS, the applicant has demonstrated an effort to minimize impacts to wetlands by considering modification .of the projeet's size, scope, cor�figuration, and density; and WHEREAS, the project is consistent with the intent of the comprehensive watershed district plan, the metropolitan surface water management plan and metropolitan groundwater plan, the local comprehensive plan, and zoning ordinance; and WHEREAS, the project will not affect the wetland functional values in the following ways: Floodwater storage; nutrient assimilatio�; sediment entrapment; groundwater recharge; low flow augmentation; aesthetics/recreation; shoreland anchoring; wildlife habitat; fisheries habitat; and rare plant/animal habitat; and WHEREAS, the replaceme�t plan complies with the criteria set forth in Chapter 205.27 of the City of Fridley Zoning Code. THEREFORE, BE IT RESOLVED that the City of Fridley hereby approves the wetland replacement plan for Noah's Ark of Minnesota, with the stipulation on Attachment A. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1996. ATTEST: , WILLIAM A. CHAMPA - CITY CLERK =`s.oz WILLIAM J. NEE - MAYOR Attachment A 1. The petitioner shall submit monitoring information to the City on June 1� of each year from 1998 until 2003. The monitoring information shall include the following: a. A description of the project location, size, current wetland type, and desired wetland type. b. A comparison of the as-built specifications versus the design specifications (first annual plan only) and a rationale for significant changes. c. Hydrology measurements: seasonal water level elevations in April and again in October. d. A list of the dominant vegetation in the wetland, including common names of the vegetation exceeding 20 percent coverage and an estimate of the coverage. e. Color photographs of the project area taken in July and referenced to the fixed photo-refierence points identified on the wetland replacement plan and labeled accordingly. 6.03 Staff Report WR #96-01, by Noah's Ark Page 2 PROJECT DETAILS Petition For: Location of Property: Legal Description of Property: Size: Topography: Existing Vegetation: Existing Zoning/Platting: Availability of Municipal Utilities: Vehicular Access: Pedestrian Access: Engineering Issues: Site Planning Issues: Approval of a wetland replacement plan to fiil .17 acres. Northwest comer of the intersection of 83rd and University Avenue Lot 1, Block 1, Springbrook Apartments at Northtown 3.2 Acres Mostly flat, site shows evidence of historic fill, wetland is located along the west property 1ine. Grass, scrub trees, and plants associated with wetlands C-2, General Business; Springbrook Apartments at Northtown; 1985 Located in 83rd Avenue West University Avenue Service Drive N/A Wetland replacement, detention pond 6.04 Staff Report WR #96-01, by Noah's Ark Page 3 DEVELOPMENT SiTE Description of Request The petitioner reques#s that a wetland replacement plan be approved to allow filling of .21 acres (9356 square feet) of Type 5 wetland. The petitioner is proposing to construct a 108 unit senior independent living apartment building. The building is proposed to be four stories in height, with one level dedicated to underground parking. There will be 72 underground parking spaces, and 30 surface parking spaces, with 12 additional "proof of parking" spaces. The building will contain a combination of one and two bedroom units. The building will be subsidized, therefore 40% of the units will be targeted to seniors with incomes of less than $30,000 ($26,220 for 2 person households, $22,920 for 1 person households). Site Description/History The subject parcel is located in the northwest comer of the intersection of 83rd Avenue and the West University Avenue Service Drive. Located north of the property is Wal- Mart. Located west of the property is Springbrook Apartments at Northtown. The subject parce! is zoned C-2, General Business District. Homes for the elderly are a permitted use in the C-2 district. The property is currently vacant. The most recent land use request for the parcel was in 1988 in which a car dealership was proposed for the property. A Type 5 wetland exists along the westerly property line. Approximately 2.1 acres of this wetland is proposed to be filled. In addition to the wetland replacement plan, the petitioner is processing a variance to reduce the rear yard setback from 25 feet to 15 feet, and a zoning text amendment to provide specific parking ratios for senior housing and care facilities. ANALYSIS The Type 5 wetland to be impacted is located along the westerly property line. Type 5 wetlands are inland fresh water, and are characterized as being shallow (<10 feet deep), and fringed by a border of emergent vegetation (cattails, reeds, dogwoods, and other associated shrubs). This wetland is Palustrine (not associated with a lake or a river) in nature, with and has a sandy bottom which is intermittently exposed. The edge of the wetland is wavy. The site exhibits evidence of historic fill occurrences. , . 6.05 Staff Report WR #96-01, by Noah's Ark Page 4 The petitioner will be fiiling a total of 9,356 square feet of wetland. The 1995 amendments #o the 1991 Wetland Conservation Act increased the deminimus fit! permitted from 400 square feet to 5,000 square feet in counties with greater than 50°% of their wetiands remaining. The petitioner, therefore, would be required to replace 4,356 square feet. At a minimum, this must be replaced at a rate of 2:1. The petitioner is proposing a replacement of 93,330 square feet, just over three times the impact area. As required by Statute, the petitioner has submitted the wetland delineation, and a replacement plan for review by the Cify. Staff was assisted in the review of the replacement plan by Mike Graham of Peterson Environmental, and the Board of Water and Soil Resources for interpretation of the new statutes The petitioner is required by statute to do "sequencing"; determining if the project can avoid the wetland, and impact minimization (see attached narrative from Ulteig Engineers). The petitioner has attempted to minimize impact to the wetland by minimizing the footprint, moving the building as far to the east and north as setbacks allow (variance to the rear yard setback is requested), and reducing the amount of grading required. The petitioner proposes to mitigate the impacts by creating the 13,330 square feet on site in three ways 1. Expanding the wetland in finro locations; adjacent to the west side of the building, and along the south side of the building. These finro areas will provide 7,485 square feet of mitigation area. 2. Creation of a retention pond (one that remains wet) on the property for stormwater controL The amended statute gives 75°h credit for retention basins of this nature. This area will provide 5,848 square feet of mitigation area. This basin, while conneeted to the wetland, will not "drain" into the wetland, water will enter from the bottom of the retention basin, allowing pollutants to settle into the retention pond. 3. Converting some of the Type 5 wetland edge to Type 6, a shrub swamp. This will allow planting of more shrubby materials. These areas, while now being considered as impact areas, may be candidates for "no loss" determinations by the City. s.�s Staff Report WR #96-01, by Noah's Arlc Page 5 The petitioner will cxeate the wetland by e�CCavating the upland areas indicated above. Wetland soils to provide a seed bank for ttne wetland will be spread over the excavated areas. The petitioner will be ret�uired to monitor the wetland areas for five years. The petitioner will submit an annu�l monitoring report #o the City in accordance with the Statute. Staff requests that the p�titioner submit the Minnesota Department of Transportation Seed Mixture Type 25A se�d lisi for staff review. Peterson Environmental agrees that the w�tland replacement plan complies with the State Statute and ordinance requirements.� The proposed development meets all othet zoning district requirements. RECOMMENDATION ' Staff recommends that the Planning Commission recommend approval of the wetland replacement plan WR #96-01 to the City Cbuncil with the following stipulations: 1: The petitioner shal) submit monitorirlg information to the City on June 1 st of each year from 1998 until 2003. � 2. The petitioner shall submit the plant'�� list for MnDOT seed mix 25A to staff for review. PLANNING COMMiSSION ACTION ' The Planning Commission voted unanimou�siy to recommend approval of the request to the City Council with the stipulations recomlmended by staff. The Commission, however, requested that the monitoring det�ils be specified in the stipulation for reView by the City Council. '�, STAFF UPDATE The Anoka Conservation District reviewed the wetland replacement plan and determined that the Statute does not allow �he 5,000 square foot deminimus fill area for Type 5 wetlands. The engineer for the peti�ioner revised the replacement plan to meet the Statute requirements. ' ��7 Staff Report WR #96-01, by Noah's Ark Page 6 The changed replacement plan inciudes raising the buifding to reduce #he impact by requiring less fill. The impact area was reduced from 9,356 square feet (.21 acres) to 7,337 square feet (.17 acres). The required mitigation area is 14,662 square feet. The mitigation area is pro�ided�by: 1. A newly created wetland (7,441 square feet). 2. Credit for the stormwater pond {5,848 square feet). 3. Fringe area around the new wetland (1,373 square feet). The mitigation area meets the required mitigation area CtTY COUNCIL RECOMMENDATiON Staff recommends that the City Council approve the wetland replacement plan, WR #96-01 by Noah's Ark with the following stipulation: 1. The petitioner shall submi# monitoring information to the City on June 1� of each year from 1998 unti12003. The moni#oring information shali include the following: a. A description of the project location, size, current wetland type, and desired wetland type. b. A comparison of the as-built specifications versus the design specifieations (first annual plan only) and a rationale for significant changes. c. Hydrology measurements: seasonal water level elevations in April and again in October. d. A list of the dominant vegetation in the wet(and, including common names of the vegetation exceeding 20 percent coverage and an estimate of the coverage. : e. Color photographs of the project area taken in July and referenced to the fixed photo-reference points identified on the wetland replacement plan and labeled accordingly. Stipulation 2 recommended by staff to the Planning Commission has been complied with. . 1 : � Staff Repo�t WR #96-01, by Noah's Ark Page 7 ADJACENT SITES WEST: Zoning: R-3, General Multipie Family Land Use: Residential SOUTH: Zoning: C-3, General Shopping Center Land Use: Assembiy EAST: Zoning: C-2, General Business Land Use: Vacant NORTH: Zoning: C-2, General Business Land Use: Retail Comprehensive Planning Issues: The Zoning and Comprehensive Plan are consistent in this location. Public Hearing Comments: No comments taken. 6.09 N W _ R #96 Ol 83rd/University Avenues � � Noah's Ark LOCATI � N MAP 1� O � � � O � � v � <C z �n. ��Q� � � O O � � Z w �✓_ O _ o z � �� 0 �� I�� 'i� �e�� i��. � ��g� 111 �� vu�� xvW vro wrw� �ax w � M • s� $ � � � � � � � Pi ' �� $ p � i � � � � � �� WR �� 96-01 Noah's Ark . : . , ., , � i , ,, ; f r. .. �� , .� 6.11 .� , �� z � � � w. �--- � F � WYO-SC{'iI9 �9 LM-Sfl-ilY l — CKSS r� �N _ OZt �IN +4R qHA Mp� 0120I � R �W '�p( �� :��* ��:a'� � � � V10S3NNIH �A3lQIL� '$ldV ll9OH3d3ON1 AIN'1 GOI �oa� aon�as uwiad rrv�d aavx WIt 4� 96-01 Noah's Ark 5,12 I I i i i i i i i i i i i i I .EE I � � � � � � � � � � � � � � � ( � F � � � � � O � � � � I \ � � � !f � f � � � � � � �� ` � ` p � v � �/� 1 p p � �� I �'� � �I, � ��' I O O m �� ----- �aae-�c9 mw xra oosrticr ras� �orw (IKY Y�OB3IWY� 8/7i0Wy�l�yy aoc �ns wor r� tsv� �oz9 �, ,;,„ aar �s�r��wroa� or�Tn 1 � � !� ��,fe� �� ; �� $� �o '.i � � . �, f �i i� � � � � e �!� � !� �� s � � � � �� •�� —� ° = �i�l� �� ,�p,.� �. v_ . �� • �� •= �� :. �� : , , . . . �; a a � � ° a . t �� ? : � o � � i � � � e � � � � � �� \� F a � V ;' � � \� � � � U � � Z a N \� a� � � tllOS3NNIW '1�1p12f� uaz #IVId l0?111r0.� NOISOil3 � 'JNIOVM9 .,a� �no�i iia�s �� ,. .i � e � 0 � � ae-o-. i � IQ .me.iw ��-o+ N £i��irs�,� "n's w € n .,.�s_ � � p 96-01 's Ark � � _ � . - _ � � � o � (I I s a '� � � � - � � t S � � � � F - 6.�3 8911'lL9 (Z!8/ XVj 009Z'/LS IZl9l 3NOHd -- ,.�, dio��r.v�w ��.-�o�a� _ ,. ..� �.,� �-�`1�"� IZVSS YlOS3NNIW S/70dY3NNIW ss-n-s ' ,,,, a �i szc9s-�n z (�J ��J 80E 31l!!S r.os3xxw ^ avoa ranib lsv3 �ozs M1ld 1N3Y�3�`dld3a QNtf113M r�mMw_ �:�a �M� n< m "�N/ StI33N1JN3 J/317l1 9NIS(lOH tlOIN3S A3lal!!d s.,.. "-'-° � � ��. w �. NNm L � - - - ,� o � � ^� � $ - 4 n�m'I� :�`y� � }{;y � � Ys � . . � �N� o� o c c � � � � � �y r� g . � � � a � � �� 8� � � � � � � � � � � �� Z � � �� 8 � _ � `� � - g � g � � y � - � � � x � � v __ ,� Y< 6� � @ �BWJYL9 lLIC/ XY� 00➢Z'K9 (ADI iNOIM JL199 Y1083M�1 $!'WdN3NY1Y 80C .�lY1S �� d� �� INI 'SZ{3�WDN3 O/�17/I VtOS3NNIW �1.314R1� I ziszz —� ss—u—s — %nib Jur��n � aoaras �� WR 4�96-01 Noah's Ark i I o �� W �1 � � �.4 � ' _ 6.15 = N i � � � OCT-07-1996 16=00 CONSUI.TING ENGINEERS October 4, 1996 ULTEIG ENGINEERS INC 612 571 1168 P.01iO3 rHONe ciz s».zsoo FAX 91?.(�71.17GH ULTEIG ENGINEERS, iNC. 520i E+�ST RIVER RpaD SlltTE 308 A�INNEnpp��S, MN 66421 Ms. Michele McPherson City of Fridley 6431 University Avenue NE Fridley, NIl�T 55432-4383 Re. Fridley Independent Living At Northtown UEI Project No. 96725 Dear Ms. McPherson: In response to the. lette� by Mr. Mike Graham, Peterson Environmental Consulting, Inc. dated September 23, 1996 on the WCA Replacement Plan, please find the following. IMPACTED WETLAND SECTION 1. Applicant: Noah's Ark of Minnesota, Inc. 3434 Lexington Avenue N St. Paul, NIl�i 55126 Attn: Mr. GaYy Bidne 2. Enclosed is a copy of the USGS map for the area. 3. Mr. John Wilczek, Aeaistant City Engineer, stated that this site is within Six Cities Watershed District: 1� 4. we estimate the wetland impact would be about 0:�'acres, conaidering the avoidance measures described herein. 5. we have consulted with Pat Arlig, Arlig Environmental, who performed the wetland delineation_ She was agreeable to making this change, to Circular 39 Type 5, and NWI type PUBG. . 6. Fridley Independent Li.ving is proposed as affordable housing for seniors. A project such as this requires a multi-story building, and typically somewhere in the range of 100 �0 110 units to attain a low enough rent structure to meet the criteria set forth for these projects. Due to �he above, the footprint was established, as well. as the building height, which wae maximized. This building footprint was then laid out within the boundaries of the lot, matching the setback requirements. The building was shifted several times to minimize wetla.nd impacts on the west. ,�•` ' • , �c ' f �o� � �� FAUAf. OPPORTUNI7'Y F.IyPiAYER s. �s _ OCT-0?-1996 16�00 ULTEIG ENGINEERS INC 612 571 1168 P.02iO3 City of Fridley UPi No. 96725 Fridley Independent Living 10-7-96 As the existing wetland extended out in�o the proposed buiTding footprint, and the building called for a level of underground parking for the reaidents to be located beneath the building, we proposed that fill be introduced into part of the wetland to create a new wetland type, and assist in providing some barrier between the garage level and the wetland (see Cross- Section No. 2). The building has been shifted as far north and east as setbacks allow, to minimize wetland impacts. Grading around the northwest corner of the building has been revised to minimize wetland impacts (see enclosed partial grading plan). The proposed grades around the weat and northwest ends of the building were lowered from finish floor elevation of 880.o to an elevation of 875.0 to minimize the impact to the existing wetland. This change required the addition. of a retaining wall around the patio located at the northwest corner of the building, with additional cost asaociated. We have also revised the grading plan to refl�ct our telephone conversation of today. The Type 6 wetland fringe to be established along the eastern perimeter of the existing wetland will be defined as the area between the 865.5 and the 866.5 elevation. The elevation of 865.5 was the approximate level of the water within the existing wetland at the time of our survey. Note that the proposed outlet from the stormwater/created wetland area located due south of the building is 865.5, so as to not disturb the water level of the existing wetland. We will be aubmitting a revised wetland replacement plan which incorporates.these changes to the grading plan. 7. We understand that a Corps of Engineers Section 404 Clean water Acr, permit will be required. REPLACEMENT WETLAND SEC2ION e. Question 2- Revise wetland replacement to PUBG for Nwz, and to Type 5 for Circular 39. The stormwater pond area at the NWL is about 0.17 acres. If we were given 100a credit for this area, that would be 0.17 acres. At 750 credit, that would be 0.133 acres. 9. Question 3- Legal Description - Lot 2, Block 1, Springbrook Apartmente at Northtown, Anoka County, Minnesota 10. Question 9- Encloaed are the profile views of �he existing and proposed wetland, and stormwater pond/ Page 2 6.y7 OCT-07-1996 16=00 ULTEIG ENGINEERS INC 612 571 1168 P.03iO3 City of Fridley Fridley Independent Living 10-7-96 UEI No. 96725 mitigation wetland with approximate normal water level, and wetland boundaries. The fixed photo reference points will be indicated on �he wetland replacement plan. 11. Question 10 - Wetland mitigation would consist of extensio� of the exieting wetland around the southern part of the building from the west. This wetland would provide aevexal ahallow ponding areas, as well as an opportunity to introduce more diversity in the wetland plantings. A second mitigation area would be created in the form of partial credit Eor the stormwater pond, as allowed by the new wefiland legislation of 1996. � 12. Question �2 -:;The monitoring plan we propose to use would parallel that by WCA Rules 8420.0620, Subpart 2. in summary, we would provide an annual report, and other site-specific information ae identified by the LGU: itema A through E as required by the LGU. GENERAL CO�NTS 2. See the enclosed cross-section of the 'I�rpe 6 wetland fringe proposed for along the eastern perimeter of the existing wetland. Also, see the enclosed highlighted area on the grading plan, defined by the elevations 865.5 to 866.5. To protect the existing wetland until final vegetative protection is established, we propose that �ilt fence be installed along that wetland perimeter whieh has disturbed soil upstreacn. As:required by the MPCA General Stormwater Permit, this silt fence will need to be maintained until final vegetatian is established, when it should be removed. If you require any additional in,formation, please.contact me. Sincerely, ��V��""i� " "( •*�l cJ'� `---r" Charlie F. Melcher, P.E. Project Engineer cc. Mr. Mike Graham, Peterson Environmental Consulting, inc. Ms. Pat Arlig, Arlig Environmental Mr. Skip Sorenson, JSS Architects Page 3 s. � � TOTAL P.03 - OCT-07-1996 12�21 ULTEIG ENGINEERS INC 612 571 1168 P.03/0? �•.�.,.� - / r , � — �� •, � w I N °�x � , l p � 6;0.1 p � \ , • i ` ' _ _,. _, „ � — ' � 's� Ark � a � � : • `__ �� . ' w � J 7 � �% � , Q � � � � � � �_ -`� --- -- --;---- -9g� ----------- -- �� o�`� � ; `'� �� i,g • � � `. c i ` ' � , ."'" � � 998 8 � � ; � ; ��, ., --.� � � g � . ; ; � t , i - ' ' , ; ' •' ,� __ _ r _, �, _ - --- - , � � � � , � ; ; : - , � ; � � � - �8 • -` Q :^��_ 1_ `c 'Yte___- ,< ' ��- _� , , L i ; .� ; _ , � � � � � ' p ; I � I • 0. 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CONSULTING EN�INEERS FARGO-MINNEAPOLIS 81SMARCK-MINOT E.c ULTEIG ENGINEERS INC 612 571 1168 P.05i07 PROJECT NO. 1 b/'� L BY �-r' I�/�Lsl�th � DATE ( V` I' :"rb�:..:._ :: ,.�.��,��',�s . .:. ..,.. ;.�� i G� CHKDBY DATE,• "��''�'-��r�� PROJ. TITIE �'s ;�,_ ; � PRELIMiNARY� FINAI,•'""� � . � ` :}.:. -•:h��. lTEM X` S�Cr/prl/ NO. ,1.. �/��i11!�'tt: SHEET � ��OF'�� {��. WR �� 96-01 ,.< zr �Ti '�=-�k;. 3 p �<:�. J •- � i1.� �¢ �r�� '•:u . � :�.'Z: .. O ��. Y. •' 0 N 0 � 0 � 0 � ., � � � w � 3 b 2 Y 0 0 J OCT-07-1996 12�23 u� �,E.�u ci�wl�ccno, uv�.. CONSUITiNG ENGiNEEflS FARGO-MINNEAPOLIS BiSMARCK-MiN07 � ...,�.ti. ULTEIG ENGINEERS INC 612 571 116B P.06i07 . . ,.,..�.,. ...,. - - - .r., � � PROJ. TITLE �IOL.�S� �,AD�P�w/OEiNi L/v/1�IQFHKO BY {`�"`''? r''''`: DATE.`'; , i:'<. �: . PRELIMiNARY� FINAL ', : i`:. IT� X SECTIO�+/ �-�Z ` C�F.4'T�D � w�7"LANOSHE� Z. pF. � � ��V_I '�• : , OCT-07-1996 12=23 ^ + VL��w a.��vin�uw, ��_ COiJSULTING ENGINEERS FARGQ-MINNEAPOLIS BISMARCK-MINOT ULTEIG ENGINEERS INC 612 571 1168 P.07i0? .....,._.,. ..__ . .. .: . . . .: ./�d(AlG. .. ; ' :� .:,.,,:_;, ;. ;,..:, PROJ. TiTLE ��y. ��LC�•IKD BY , � DATE PAELIMINARY� Y FlNAI ITEM CROT.f'� S�GTZ(�N ��3 " PO/�O SHEET � OF �. PET�esoN MEMORANDUM ENVIRONMENTAL CONSULTING, INC. TO: Michele McPherson FROM: Mike Graham�"� ` DATE: September 23, 1996 SUBJECT: Ultieg Engineering/Ark Development WCA Replacement Plan Springbrook Apartments at Northtown Michele: I have provided the following questions and comments on the WCA Wetland Replacement Application dated September 13, 1996 submitted by Ultieg engineering. Some of these items may seem minor and tedious but the WCA rules at 8420.0530 - Replacement Plan Components require that the applicant provide the information. l. Need applicant address and phone number information. Impacted Wetland section: 2. Question 1- Need a larger location map showing at least a one or two mile radius around the project site - I suggest a U.S.G.S. map. 3. Question 2- The site is very close to Rice Creek Watershed District. Has it been verified whether the site is inside or outside the Watershed District? - Provide a legal description of the project site. 4. Question 3- The size of the wetland impact is 0.21 acre--this was not provided. 5. Question 4a - the Circular 39 type is Type 5 and the NWI type is probabiy closest to PUBG. 6. Question 10 - We need at least a brief written description of the nature of the project. Perhaps something like this has already been submitted to the City. Pertinent information includes the project need and purpose and reasons for why the wetland mus# be filled as proposed (setbacks etc.). Because the project impacts less than 10,000 square feet more Page 1 �y�� than the de minimis amount of 5,000 square feet, we can provide an "on-site" sequencing determination if we agree that the plan has avoided and minimized wetland impacts to the degree feasible and prudent. I would agree that the applicant has done this, but would like some explanation as to why the fill area in the northwestern portion of the site (Wetland Fill Area #1) can't be reduced somewhat. 7. Question 12 - other permits/approvals which should be listed include the Corps of Engineers Section 404 Clean Water Act permit. Replacement Wetland section: 8. Question 2- Change to PUBG for NWI type and Type 5 for Circular 39 type. Also, indicate the amount of credit being praposeu for the storm wat�r pond (0.13 acre). 9. Question 3- Insert the legal description. 10. Question 9- We need profile views and fixed photo reference points of the mitigation areas. 11. Question 10 - As noted on the application, we will need a written description of the mitigation plan. This should include an indication of the storm event (10, 25 year etc.) that would be contained by the storm water pond. 12. Question 12 - As noted, we will need a monitoring plan. The contents of the plan are listed in WCA Rules 8420.0620 Subp. 2-Report content. Under "Special Considerations"--the marks under "No" should be changed to "N" meaning that �Teither the impact or replacement site has the condition indicated. Question 9 should be "B" under the "Yes" box. General Comments: 1. Although it would not have made a significant difference on this site, the report prepared by the wetland consultant sta.tes that the 1989 Federal Manual for ldentifying and Delineating Jurisdictional Wetlands was used along with the 1987 Manual. The 1989 Manual is no longer used by any regulating bodies in the state of Minnesota. 2. We need some detail on the areas behind the building where Charlie indicated the bottom eievation of the PUBG wetland would be raised to create some PSS (scrub/shrub) wetland. If this is still proposed, we need to see a plan view of where these areas would be and a cross-sectional drawing showing the existing and proposed wetland bottom and the normal water elevation. We would need to review this information and decide if we , . can make a"no loss" determination on this activity per 8420.0220. 6.25 � .- AUG-01-1996 08�49 ULTEIG ENGINEERS INC Post-ir s�aF rvuie � u� � �—� � �� /y� / � S From •��///C/� Co./DeAt• w�/iin� J � ' CD Phone n Phone � S7� —� 5� �# r.� � ran v S%% � S S=✓" � ` t �` � � Report To: From: Mr. Gary Bidne Ark Development Susan J. McDermott WETLAND DELIlVEATYON iNDEPENDENT SEMOR HOUSXNC NWl/4, NW 114, SECTION 2, T30, R24 FRIDLEY, MINNESOTA 612 571 1168 P.01 �-�'i -�� l.� �6 �/�� .d%`-� .r' V " ,�EC�1�lE� dI� ��y �81996 � Ut��'�y�iNEERS.INC • The property referenced abwe is located west of the University Avenue service roa.d and nwrth of 83rd Avenue. The property is surrounded by commercial development to the north and south and an apartment complex to the west, The wetland we delineated was along the west edge of the property. Only ihe portion of the wetland to be affected by proposed development was delineated. The propas�d developmern on the property is a 4-story senior apartment buildin�. A wetland delineation according to the requiremems of the MN 1991 Wettand Conservation Act (WCA) is required prior to construction on the property_ Arlig En�ironmema! was retained to delineate the wetland ed�e in. June. Patricia Arlig, an em�imnmental engineer trained to complete wetland delineations, and Susan McDermott placed, stak�s at the east edge u� the wedand The field work was comple�ted on June 18, 1996. Tl�e weather was cloudy and in the 60°`s. There had been more than 2 inches of rain in the 48 hours before the field work was compieted The water levels were expected to be seasonally high. The wetland was identified and delineated using the guidelines of the F�DERAL M�ru�, FoR IaErrr�n�rG a�vD DE�t,II�1EATarG WBrt,arms (1989) and the CoRPS OF Excnv��ts WETt,�ND D�a�rtox �1,v[, (1987). Th: a��ailabl� maps were.rsviewed prier to thP field �.elix!ea.tio*�. The SCS ma.p was obtained for Anoka�Cow�ty. The soils on the site are not tnapped.' The NWI map shows the subject wetland on tlie site is designated as P1�'DIBd Field investigation began by obseiving the vegetation and dr�inage pattertis. The pt�eliminsry � wedand edges were determined based on v�etation. The soils were tested b,y digging holes to a depth of at least 24" using a namow bladed shovel at uplaad and wetland locations. A soil probe with a 3/4" opening was used to verify soil conditions azound the wetland perimeter, Soil colors were determined by matching them to a Mwisell Soil Color Chart The edge of the wettand is usually determined to be near the point where subsurface wat�er is within 12" �of the ground elc,wation and where wetland vegetation and hydric soils are encountered Soil samples were observed at points well inside the wetland, at the wetland edge, and iirto the upland zone. Water was eacountered in the soil pits' 8 inches from the surface near the wetland edge, 'The soii exhibited severai hydric charaateristics: low chroma, mottles, and organics. In addition, the s.26 AUG-81-1S96 08�50 ULTEIG ENGINEERS INC 612 571 1168' P.02 trees in the wetland area were multi-fisnked and several were dead or dyin�. The te.st holes were refilled. Wire stakes numbered 1 tluough 24 were piaced at the delineated wetlaad edge. The flags were placed at the determined edge using ali three criteria; hydrophytic vegetation, hydric soils, and hydrology. Physical characteristics such as change in �ade and deposits of debris were also vsed to determine the wetland edge. Data Forms - Routine Onsite Determination Method were completed foY conditions at the wetiand The wetland on the site is sepasated by a berm aear flag # 6. Basin #1 is the southecnmost portion of the wetland and Basin #2 is the northern portion. Basin # 1 is ma,rked with ilags # 1 through #6 along the south and east. The domitlam vegetation in the wetland is reed cana�y grass (FACW+), sedge(OBL) and ca.ttails (OBL). The edge of the u�✓ wettand is in a wooded area with vegctatio�n such as green ash (FACVi�, willows (FACV�, aspen �� (FAC) and buckthorn (FAC-) in addition tQ the c�eed canary. Smooth brome (UPL) and mowed �� Kentucky bluegrass (FAC ) are the dominant uplaad vegetatioa Ther�e is a culvert at flag #1 � that carries water from Basin # 1 under the apar�nent complex driveway at�d to a ditch to the west along 83rd Avenue. Z'his basin appears to be a cons�ucted water quality pond for the apartment complex The wa.ter in the basin was more than one foot deep and was covered with algae. Basin # 2 is marked with flags #7 through #24 along the east and north, It has standing water that is approximately 1 foot deep with no surface vegetgtion Ihe dominaat vegetation in the C wedaad is reed canary grass, sedge and silky dogwood (FACW+). The trees seen in the wooded � area are the same as Basin #1. Smooth brome and goldentod�{FACin are the dominant upland � vegetation. There is a sma11 island with similar vegetation in the center of fihe basin. A culvert� � across the wetland fram flag # 17 appears to cany water into Basin #2 from the � a�r�nem complex property, Immediately to the north of this wetland is a fenced area which oontains the storm water pond for the adjacem Walmart properry. � Areas of reed canary g�ss and red-osier (FACVV) vv�ere _ noticed in upland zones on the eas�rn portion of the site where soils did not hsve hydric characterisstics and hydrology was not evidem. In these areas smooth brome was the dominaut vegeYation. No additional wetlands were found on tt�e site. Copies of the SCS map and the NWI map showing the site are attached. ._ Please comact Patricia Arlig or Sue MeDermott at (924-23SA�) with a� questions regarding this information. 9ao2i.�� s.z%� /YJ l�! Do % si�' �s -- i?q� �� TABLE 38�6-5 SEED MIXTURE DESIGNATIONS MIz Namber . Plant Species Penceat 25A Bluestem, bi8 9.0 Cot�d8rass, prairie 2.0 Blue-joint girrass 2.0 Bma�. fringed 2.0 Indian grass . 9.0 Switch gass SA W6eat-gtass, sknder' 3.0 Wild-rye, Canadian 3.0 � (A) 520 Ryo-gress, annual 11.0 Forbs (B) (Wet Mu) Z.0 TOTAL 100.0 28A Bluestem.litile 10.0 Caama. sideoats 15.0 RYe-Srass. acu�ual 50.0 Wheat-grass, slender 25.0 TOTAL 100A 30A Alkati grass 11.0 Bluegrass, Canada 13.0 Bluest�t, little 8A Dropsoed, sand 1.0 Grama, bine I3.0 G�rasmma, sideoats 11.0 W6eat-grass, slender 4.0 Oats (A) 31A RYe-8rass, annnal 7A Prairie clover, putple 1.0 TOTAL 100A 965 �� DESCRIPTION OF REQUEST: Noah's Ark of Minnesota, a non-profit organization, requests that a variance be granted to reduce the rear yard setback from 25 feet to 15 feet. If approved, the variance will allow the construction of an i 08 unit senior independent living building. SUMMARY OF ISSUES: Section 205.14.03.C.(3) of the Fridley Zoning Code requires a minimum rear yazd setback of 25 feet. Public purpose served by this requirement is to provide for adequate open azeas (green divider areas) around commercial structures, to maintain clear access for fire fighting, and to reduce the possibility of fire car�ying over onto adjacent properties. The subject parcel is located at the intersection of 83rd Avenue and the West University Avenue Service Drive. Located on the subject parcel is a Type 3 wetland located adjacent to the westerly lot line. A portion of this wetland will be filled in order to construct the four-story building with underground pazking. The petitioners are proposing to replace the filled wetland on site. In order to accomplish the on-site wetland mitigation and the required stormwater retention, the petitioners ha.ve located the building as close to the northerly lot line as possible. The property is a corner lot; as defined, the north lot line is the "rear yard". The area between the building and the north lot line, however, practically functions as a side yard than a rear yard. North of the subject parcel is the "rear yard" of the Wal-Mart Store. There is no impact to sight lines or green space by the requested variance. The proposed setback meets the side yard requirements for the G2, General Business District. The request is within previously granted variances. HARDSHIP STATEMENT: "In order to mitigate wetlands - building setback must be reduced." STAFF RECOMMENDATION�TO THE APPEALS COMMISSION: As the variance as requested is within previously granted requests, sta,fi has no recommendation for the Appeals Commission. If the Commission chooses to recommend approval of the request, staff recommends the following stipulation: 1. Wetland Replacement Plan, WR #9b-01, shall be approved. APPEALS COMMISSION ACTION: The Appeals Commission voted unani�tiously to recommend approval of the request to the City Council as recommended by staff. CITY COUNCIL RECOMMENDATION: Staff recommends the City Council concur with the Appeals Commission action. 7.01 StaffReport VAR #96-24, Noah's Ark of Nfinnesota Page 2 PROJECT DETAILS Petition For: A variance to reduce the rear yard setback from 25 feet to 15 feet Location of Property: Legal Description of Property: Size: Topography: Ezisting Vegetation: Eaisting Zoning/Platting: Availability of Municipat Utilities: Vehicuiar Access: Pedestrian Access: 83rd & University Avenues Lot 1, Block 1, Springbrook Apartments of Northtown 143,163 square feet; approximately 3.28 acres Mostly flat, evidence of fill, wetland along west edge of site Reed canary grass, aspen, willow trees, other wetland plants C-2, General Business; Springbrook Apartments of Northtown Available in 83rd Avenue 83rd Avenue, West University Avenue Service Drive N/A Engineering Issues: Stormwater, wetland replacement Site Planning Issues: Comprehensive Planning Issues: Public Hearing Comments: The Zoning and Comprehensive Plan are consistent in this area. 7.�2 Staff Report VAR #96-24, Noah's Ark of Minnesota Pa e 3 WEST: SOUTH: EAST: NORTH: REQUEST ADJACENT SITES Zoning: R-3, General Multiple Zoning: C-2, General Business Zoning: Unknown Zoning: C-2, General Business Land Use: Multi-Family Residential Land Use: Office Land Use: Spring Lake Park Land Use: Commercial Retail DEVELOPMENT SITE Noah's Ark of Minnesota, an non-profit organization, requests that a variance be granted to reduce the rear yard setback from 25 feet to 15 feet. If approved, the variance will allow the construction of an 108 unit senior independent living building. SITE DESCRIPTION/ffiSTORY The subject parc�l is located in the northwest corner of the intersection of 83rd Avenue and the West University Avenue Service Drive. Located north of the property is a Wal-Mart Store. Located west of the property is Springbrook Apartments at Northtown. The subject parcel is zoned C-2, General Business District. Homes for the elderly are a pernutted use in the C-2 district regulations. The property is cunently vacant. The most recent land use request for the parcel was in 1988 in which a car dealership was proposed for the property. A Type 3 wetland exists along the westerly property line. A portion of this wetland will need to be filled in order to construct the proposed building. The Planning Commission will review a wetland replacement plan in compliance with the 1991 Wetland Conservation Act and its 1995 amendments. Also related with this request is a zoning text amendment to provide specific parking stall ratios for a variety of senior facilities including apartment buildings, convalescent homes, and assisted living facilities. ANALYSIS Section 205.14.03.C.(3) of the Fridley Zoning Code requires a minimum rear yard setback of 25 feet. Public purpose served by this requirement is to provide for adequate open areas (green divider areas) around commercial structures, to maintain clear access for fire fighting, and to reduce the possibility of fire. The subject parcel is a corner lot. The code defines the shortest of the two street frontages as the front yard. In this case, 83rd Avenue is the shortest frohtage; therefore, the north property line is the rear yard. The building, as designed, utilizes the north lot line as a side yard as opposed to a rear yard. In order to provide adequate room for on-site wetland mitigation, the petitioner has located the building as close to the north lot line as 7.03 Staff Report VAR #96-24, Noah's Ark of Minnesota Page 4 possible. This provides adequate room for mitigation, parking, and retention ponding. If the north line was defined as the side yard, the proposed setback of 15 feet meets the 15 foot required side yard set forth in the C-2 district. North of the subject parcel is a truck parking azea and detention pond for Wal-Mart. There is ad�uate green area and access for emergency vehicles with the reduction in the setback. The request is within previously granted variances. STAFF RECOMNIENDATION TO THE APPEALS COMMISSION: As the variance as requested is within previously ganted requests, staff has no recommendation for the Appeals Commission. If the Commission chooses to recommend approval of the request, staff recommends the following stipulation: 1. Wetland Replacement Plan, WR #96-01, shall be appro�ed. A►PPEALS COMMISSION ACTION: The Appeals Commission voted unanimously to recommend approval of the request to the City Council as recommended by staff. CITY COUNCIL RECOA'IMENDATION: Staff recommends the City Council concur with the Appeals Commission action with the following stipulation: 1. Wetland Replacement Plan, WR #96-01, sha11 be approved. 7.04 N VAR #96-24 83rdlUniversity Avenues , . Noah's Ark LOCATION MAP 7.05 � O � � �1--1 O � � V ��z �� oo Q�Z� �/Ooz � �� o � �,� � �, � ��, . � ir;;,�_ �� < 0 � � �� i � � � � � �' � g$� � �� II �' �� wo�� x+arr ru+� La �a ww�a��sx+ar� i 8 r� za$ E ii i i� �� p:� �� E�� g� a�� B� � � E� � �� I � 7.06 �._..,_, g r.. ; �} , ,�� ,� , .: : �` I' ��'� I , � .� �� z. �' � � w � � APPEALS COMMISSlON MEETING. 4CTOBER 23 1996 PAGE 6 the setback. If the bay wirxlaw uires footings, it needs a variance. Typically, when a window is installed above the line, they can be installed without a warianoe. When footings are needed and sU�ur� w�k do�e, a v�+anoe is required. Ms. Masica showed copies of the Mr. Kuechle asked if the bay wincfaw �OCat2C�. . � :.... :....-« .- � -. .il.l - � - � -- .tt•. - 1•�. Ms. Masica stated, yes. They have sections of a wirxfaw that is 10 feet long. They wanted to replace the windows and wanted to add and widen the room. It is on a norfh wall so they wanted the foundation " order to insuiate and keep the floor warmer. MOTION by Ms. Beaulieu, seconded by Ms. UPON A VOICE VOTE, ALL VOTING AYE, MOTION CARRIED AND THE PUBLIC HEJ to dose the public hearing. tPERSON KUECHLE DECLARED THE CLOSED AT T:58 P.M. - Ms. Beaulieu stated she had no problem with th request. The roof line wiH not change. There is very little visual impact. She did not what the hardship would be other than that by doing it this way it is more caiserving of en gy. She w�ould recommend approval. Ms. Savage agreed. There is minimat impact and a�st seems a technical requiremerrt. She would recommend approval. \ MOTION by Ms. Beauiieu, seconded by Ms. Savage, approve Variance Request, VAR #96-23, by Scott and Connie Masica, to reduce the fr t yard setbadc from 35 feet to 31 feet to allow a bay window addition to a dwelling on Lo 1, Blodc 3, Lyndale Builders fith Addition, the same being 1070 Lynde Drive N.E. UPON A VOlCE VOTE, ALL VOTING AYE, MOTION CARRIED UNANIMOUSLY. KUECHLE DECLARED THE � �.��::,,� 3. PUBLIC HEARING: CONSIDERA710N OF VARIANCE REQUESi�fAR�#96-24�`� _ _ ._, n,. : BY NOAH'S ARK OF MiNNESOTA Per Section 205.14.03.C.(3) of the Fridley Zonir�g Code, to reduce the rear ya�d setbadc from 25 feet to 15 feet to allow the construction of a 108-unit independent living apartment building for seniors located on Lot 1, Block 2, Springbrook Apartments at Northtown, generally located at the northwest comer of 83rd Avenue and the West University Avenue Service Drive. MOTION by Ms. Savage, seoonded by Ms. Beaulieu, to waive the reading of the public hearing notice and to open the public hearing. � UPON A VOICE VOTE, AlL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE 7.�7 APPEALS COMMISSION MEETING OCTOBER 23 1996 PAGE 7 MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 8:00 P.M. Ms. McPherson stated this reque.st is to reduoe the rear yard setbadc from 25 feet to 15 feet This is a c�omer propeKy at Uie inte�tion ot g3rci Avenue and the West University Avenue servioe road. Wal-AA�t is rarth of the s�ject paroel, and sPr;ngbrook ,a�a,tments are to the west. The petitioner is pnoposing to oonsMac:t a 108-unit senior independerrt living building four staies in height with underground parfcing. Ms. McPherson stated that in addition to the variance request, the petitioner is requesting a wetland replacement plan. There is a Type 5 wetland located along the west property line which will be partially flled by the proposed building. Ms. McPherson stated that since this is a comer fot, it is a�ciassic case of the frorrt yard being the shorter of the two street frontages. Hovu�ever, the building is designed so tha# ihe front fundions as the easterly right-of-way line. tn the C 2, General gusiness District, the rear yard setbadc is 25 feet. The petitioner has designed the building facing the West University Avenue service drive with what would be considered the side of the building to the north and has reduced the setback aiong the nath from 25 feet to 15 fee#. Ms. McPherson stated #here are a couple of issues that require the location of the building in this position. Because the development weuld be affecting the type 5 wetland along the west property line, the developers are required to replace that wetland at a 2-to-1 ratio. They are proposing to do that by utilizing an upland area along the south property line. In order to maximize the amouni of replaoementt area, they have moved the building to the north as far as possible. In addition, the side yard setbadc in the C-2 district is 15 feet so it does meet the side yard setback. To the north is a detention pond for Wal-Mart and also a truck parking area. There is a g�een buFFer beiween the two. Ms. McPherson stated this request is within similar reques#s that the City has previously granted. Staff has no recommendation. If the Commission chooses to recommend approval of the request, staff recommends the following stipulation: 1. Wetland Replaoemerrt Plan, WR #96-01, sha11 be approved. Ms. McPherson stated the Wetland Replacemen# Plan was to have been reviewed by the Planning Commission at its last meeting. The petitioner was unable to attend so the request will be considered by the Planning Commission on November 6, 1996. This item will then go before the City Council at the end of November. Ms. Savage asked if there were any other agenaes that needed to review this request. Ms. McPherson stated that in teRr�s of the wetland replacemen# plan, the plan is required to be reviewed by the Department of Natural Resouroes {DNR), Anoka County Conservation District, Six Cities Watershed District, and notices sent to the adjacent cities. No comments from those agencies were received prior to the last Pianning Commission meeting. She has since received calls from the Anoka County Conservation District and the DNR so they � •� •, APPEALS COMMISSION MEETING OCTOBER23 1996 PAGE 9 Wetland Replacemerrt Plan, WR #96-01, shail be approved. UPON A V010E VaTE, WITH MS. SAVAGE, MS. BEAUUEU AND MR. KUECHLE VOTING AYE, DR. VOS ABSTAINING, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED BY A MAJORITY VOTE 4. Per Section 205.07.01.B.(4).( of the Fridley Zoning Code, to incxease the size of a first accessory strudure from ,000 square feet to 1,312 square feet #o ailow the construction of a 20 foot by 24 �ot garage addition on Lot 13, Blodc '!, Innsbrudc North 2nd Addition, also knawn 1419 West Danube Road. MOTION by Dr. Vos, seconded by Ms. notice and to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, MOTION CARRIED AND THE PUBLIC HEI Ms. McPherson stated the property is located �qt on a cul-de-sac in #he southeast comer of the� single family dwelling with an attached three-car add a three-season porch addition off the rear a� The proposal is to construct a 20 foot by 24fc portion of the subject property adjacent to the request would increase the size of the first aoce 1,312 square feet. to waive the reading of the public hearing tPERSON KUECHLE DECLARED THE OPEN AT 8:12 P.M. 1419 West Danube Road. The parcel is �ity. Located on the subject parcel is a arage. The petitioners are proposing to are i� the process of removiru� a deck. � attached garage addition to the north �xi ting three car garage. The variance struc�ure from 1,000 square feet to Ms. McPherson stated the petitioners reviewed a nu options for additional garage space. Essentially, they h attached garage or to go through the second aocessory the Pianning Commission to add a detad�ed garage in the �r of altematives to look at their iwo altematives - to construct an �eaal use pecmit process before �ear yard. Ms. McPherson stated to the east of the }xoperty is F bituminous walking path which paraAels the rear lot lirie. variance to reduce the impact on the trees located to the �ar the landscape worlc required to mitigate the slope from the fra The addition does not encroach irrto any setbadcs and does coverage to more than 25% as permitted by the R-1 districi Lake Park and there is a petitioners are requesting a f the property and to reduce �o the badc � the property. � t increase the required lot Ms. McPhe�son stated the request is within previously granted � recommendation for the Appeals Commission. tf the Commissio� approval of the request, staff reoommends the following stipulation: The hard surface driveway shall be expanded to by Oc#ober 1, 1997. 7.10 Staff has no to recommend the garage addition APPEALS COMMISSION MEETING OCTOBER 23 1996 pq g may have some comments to be reviewed by the November 6, 1996, Planning Commission. Mr. Bidne stated they are looki�g faward to w�aicing with the Pk�rming Canmission and the goveming bodies of the community. They have a prnjec� underway in Spring Lake Park called Oak Crest. The Fridley proje�ct does not yet have a name. He assured the Appeals Commission that they want to be very proud of this building as a non-profit c�orporation, and they want the community of Fridley to be proud of this building. He provided oopies of the ir�formation regarding the building in Spring Lake Pa�1c.. Mr. Kuechle asked Mr. Bidne if he understood the stipulation regarding the wetland replacement pla�. Mr. Bidne stated, yes. Ms. Savage asked if the building needed to be revie�ed by the City as were the Springbrook Apartments. Ms. McPherson stated that in the case of the Sprir�gbrook Apartments, there was a rezoning from M-2 to R-3. In this instarx:e, i# is a un'ique opportu�ity in that the C 2 district allows by right homes for the elderly without any speccial Pkroming Commission approval. If the project had not needed a variance or had no wetlands, they virould likely already be constructing the building. MOTiON by Ms. Savage, seconded by Ms. Beaulieu, io ciose the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:09 P.M. Ms. Savage stated she had no problem with the request as long as the wetland replacement plan is approved. There is certainly a need for senior housing in the City. Mr. Kuechle stated it looks like a good, common sense type of change. The impacts are minimal. Ms. Beaulieu agreed. The hardships are the wetland conoems and the comer lot. She would recommend approvaL MOTION by Ms. Savage, seconded by Beaulieu, to recommend approval of VAR #96-24, by Noah's Ark of Minnesota, to reduce the rear yard setbadc from 25 feet to 15 feet to allow the construction of a 108-unit independent living apartrnent building fior seniors located on Lot 1, Blodc 2, Springbrook Apartmerrts at Nc�rthtown, ge�ally located at the northwest comer of 83rd Avenue and the West University Avenue Seivice Drive, with the following stipulation: - 7,09 MEMORANDUM DEVELOPMENT DIRECTOR DATE: November 21 1996 ,� / �?, TO: William Bums, City Manager � FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Approve Waiver of Temporary Sign Permit Fees We received a request by Car! Peterson, representing Theta Chi Alumni to waive the temporary sign permit fees for Christmas tree sales at Holiday Plus; 250 - 57�' Avenue N.E. The City Council approved a license to allow Christmas tree sales at its November 4, 1996 meeting for the same charity. The City Council, per Section 214.15. D of the Fridley City Code, may waive fees for non-profit arganizations. Mr. Peterson has submitted the required documentation for non-profit groups. RECOMMENDATION Staff recommends that the City Council waive the temporary sign permit fee of $80 for Theta Chi Alumni, but require the $200 deposit to insure that the signs be removed in a timely fashion. This recommendation is consistent with previous City Council action. MM/dw M-96-520 �' 1 OCT-30-96 WED 04�27 PM AMERICAN EXPRESS / p p ° ` �'�G�°�� /�G f"�f-,c�� FAX N0, 6126714621 P,O1/02 -------�_ 0 ' " ' /�l ` �1� ( l��r�o'� �v �%/-7��5 �w� .�I3a�U ��) �� ' '� < ��G'��r�/ �/q/� �Pl�rsa,r.� / �/ C �r%�� 5 �`�-e L�,�� -� � �`��'S !//��-� �� '!� �l�a`Y�l/I! i f �� /�✓"�. G!h � (y ,� �u�s��.�s � ��.�� . 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':,w: •�M��- �:4•tF�. �I 7'n�or��,S'an'p ,:ti � fiber � s� ' � ' ' . • ';i.�!' • ' ':.:_.` •�, s �3� �..�Z�, `• _ : t�'•:'.�iF�`�- .� • � , .; �.:.,... a�rG•.=�y::.�r. � �, . . . _ . ..:..• •: �t'�..*: �u. . _�'. . '. i•. ..^Cr $F.'�'. • � . .�•. , c in:..� , •.y. �; :. ,,.. '. ''. • ��-�. ' ",``� • ... � �}` � . ��0� SgUtlt �� 7A � ' . •,a sQ.QO �a�, � � � • .. � ' , ;:` �. �� . 3:�1{LrC i�t2 11! IITC'a $ ' ��.00 � � • �. • � � � � ` • � D�� . • � - . , 5200.00 FttGei�pC.'� . . ... . • : u. : ��'!. � `�--..:: •.. � :..,,;:- .. , . . • '�:. • ' • •�. . . • ' . ' :.'-''�:�%' . �:'M;;:''` . i'�£y�Slr�+r��ASFiflD$YTR�^ ��' ' rS � • � j�" :�;,, . iestporary si�n h reeaovod �'he d�posa w�t 6� eNbnde.d if'tiie �=; �'�; ;`•r"' '�'.� : TI�E �' saoQ ot �� atss ba�+tss day �lier t�t ta�Doru7► ri�a pe�t r , :�• � ezpir it� WII,L .BF 3 WAIi' A�T�R .,_ • _�... . n�r,ic�wr �` �' w�K �7�tATXON PRIOA TO • �`.y`-.- -�'�' A:ECEIVING RE�V'�D� ..�' • . _ � ; ' `{'"" . . � � ' � ,. ' ' . . � � ��' . ' - . . _ _ • :. i;;: . . � ��r'. � ' � ' � ' • � � _ � ' :i � . . ., . ... � -�. . .. • � • : .�: _: . -........... . 8.03 � {'�:- _ r�. p i ��.r�.�;- CI-tY OF FR(DLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FR(DLEY, MN SSa32 •(612) 571-3�50 • FAX (612) 571-1287 November 5, 1996 Carl Peterson 9000 - 82"d Avenue North Brooklyn Park, MN 55443 Dear Mr. Peterson: 1 received your fax of October 31, 1996, regarding your request to display a temporary sign for the Christmas tree lot at Holiday Pius. Unfortunately, you� request did not arrive in time to be piaced on the November 4, 1996, City Council agenda. We wiii piace your request to waive the tempo�ary sign permit fees for a charitable organization on the November 25, 1996, City Council. This will allow you to display the sign from November 26, 1996, through December 23, 1996. I do not anticipate any difficulty with your request; however, please do not display any signs until I contact you after the November 25, 1996, City Council meeting. If you have any questions regarding this, please contact me at 572-3593. °Sincerely, Michele McPherson Planning Assistant MM:Is .� ,; : 1 � City of Fridley TO: Williarn W. Burns, City Manager �� FROM: John G. F1ora,�Public Works Dixector DATE: November 25, 1996 SUBJECT: I&I Study PW96-2SS In September we sent out letters requesting proposals for an infiltration and in-flow (I&I) study of the City's and metropolitan sanitary waste lines. We received four responses. The responses received were reviewed by Jim Brindley, Paul Lawrence, Jon Wilczek and I. As a result of the review, we determined to interview three of the firms to obtain a clear appreciation of their submittals and to assist in making the final recommendation to the City CounciL On October 31 and November 1, 1996, we ca�ducted interviews with the three firms, TKDA, OSM and BRA Greg Kotsicic, Jim Brindley, Paul Lawrence, Jon Wilczek and I participated ut the interviews. - TKDA's pxoposal amounted to $88,492. OSM's proposal was $70,372. This included $20,400 for subcontractors for metering and testing support or an OSM bid of $49,972. BRA (Bonestroo, Rosene and Anderlik) had a proposal of $44,500. As a result of the interviews, it was the decision of the majority to recommend the firm of BRA to complete the City's I&I investigation. This investigation would consist of three major parts. Phase one would be the review of data and visitation with industries and groundwater clean out locations within the City to determine any unrecovered costs for sewage disposal. Phase two includes the analysis of the MCES meters upstream and downstream of the City to determine if there any errors in meter readings. Phase three consists of preparing a report and iecommendation of what azeas and locations far flow inspections within the City and the MCES interceptors to determine flow quantities if the major source of unaccounted water has not been defined. In addition, the BRA proposal proposes to have an initial meeting with the MCES staff to obtain their support of the plan of analysis and input to the sources of sewage disposal and the meter reading prooess. It is felt that through this method we should be able to obtain MCES buy-in to the project and hopefully accept the data as it is developed. In addition, the final phase would then provide us necessary documentation to initiate a separate contract, if it is desired to do an in-depth I&I study of flows within our pipes and the MCES system. Recommend the City Council approve the retention of Bonestroo, Rosene and Anderlik to complete the City's I&I study for a cost not-to-exceed $44,500. JGF:cz 9.01 City of Friclley TO: William W. Bums, City Manager �� FROM: John G. F1ora�Public Works Director DATE: November 24, 1996 SUBJECT: Design of Well House No. 1, Project No. 298 PW96-279 In the 1996 budget, we identified $30,000 to prepare plans and specifications for upgrading well house No. 1. Well house No. 1 is an isolated location that provides water to the upper level system. This is our first and oldest structure and requires code improvements for chlorine and chemical feed as well as variable speed booster pump additions. We solicited bids and four finns responded. SEH was the low bidder to design the facility at $24,300. They also identified a cost of between $6,000 to $8,000 for construction and inspection once the contract has been awarded As it is important to comply with the health standards for a well house and to upgrade the system, recommend the City Council receive the bids and award the contract to SEH for the design of a new booster station well house facility at well No. 1 in the amount of $30,000. JGF:cz 10.01 March 11, 1996 CAPITAL IMPROVEMENT PROGRAM PROJ ECT AREA WATER '�'�'�`" 1996 DESIGN WELL N0.12 FILTER PLANT REBUILD & UPGRADE 53RD & JOHNSON BOOSTER STATION UPGRADE DESIGN PUMP HOUSE N0.1 AND WELL NO. 1 BOOSTER REPLACEMENT WELL REPAIR - 4, & 12 iNSPECT & REPAIR 3 MG RESERVOIR (EXTERIOR) CONSTRUCT WELL #12 FILTER � ��Y�R:'':: 1997 WATER UTILITY (9� WATER UTILITY WATER UTILITY WATER UTILITY WATER UTILITY WATER UTILITY CAPITAL IMPROVEMENT PROGRAM � i2EBUILD PUNiP HOUSE td0. 1 AtdD WELL NO. 1 BOOSTER REPLACEMENT ELIMINATE DEAD END LINE AT ARTHUR TO ANOKA ST WELL REPAIR-10 AND 13 REPLACE CHEMICAL ROOM EQUIPMENT AT WELL 13 69TH 8� RICE CREEK BLVD WATERMAIN. REPLACEMENT (400 F� - INSPECT 8� REPAIR'/ AND 1'/ MG TOWERS ��;;:;': ..........;;. . 1998 ELIMINATE DEAD END LINE AT HEATHER PL TO BEN MORE WELL REPAIR NO'S 2, 6& 7 `HACKMAN AVE WATERMAIN REPLACE (CENTRAUTENNISON) INSPECT 8 REPAIR '!'/2 M STANDPIPE (53RD JOHNSON) , * NEW PROJECTS '"RELOCATED PROJECTS WATER UTILITY WATER UTILITY WATER UTILITY WATER UTILITY WATER UTILITY WATER UTILITY TOTAL PROJECT FOR WATER UTILITY WATER UTILiTY WATER UTILITY WATER UTILITY TOTAL PROJECT FOR 10.02 298�000.00 300,000.00 30,000.00 ` .-�iAi7�7� � � 25,OOU.00 1,066,000.00 1.769.000.00 250,000,00 15,000.00 75,000.00 25,000.00 45,000.00 50.000.00 $460.000.00 : �� 75,000.00 120,000.00 45.000.00 $ .4.,�4. City of Fridley �I I�;.�I��I'' .�� \ ll��i �'I TO: William W. Bums, City Manager r� � � � FROM: John G. Flora, Public Works Director DATE: November 25, 1996 SUBJECT: Designation of Truck Routes PW96-243 The neighborhood south of I-694 has been requesting the reduction of trucks driving on their residential streets. Accordingly, we are proposing to establish, by resolution, designated truck routes on 49th, �3rd, S7th and 61 st Avenues between University Avenue (TH 47) and Main Street (County Road 102). Within this area, 3rd Street, a MSA street, is designated for truck traffic. To eliminate trucks on this route, the Commissioner of Transportation must approve this elimination. This is a north/south route and does not directly impact the industrial truck traffic from the Main Street area It is recommended that the City Council consider the attached resolution to the Commissioner of Transportation requesting the reduction of truck traffic on MS�iS Route 326 (3rd Street). JGF:cz Attachment 11.01 .. .. ., . . : .:.: . ..... .. .a..,. : ,,. .,, .. . .:. ._. .. . . . .. , , ,.. ., . , ,. ,., ,., R'E80Li]TIaL�T 1�U. - 1996 RF�BpI�TrI�I �r.�Tr�►_r_ T�R TRAFI�'IC �1 1�A�IICIPAL 8'IIsi't'E A'm STt�BT RDLTI'E 326 (3RD ST�j �iS, resid�ntial praperties are beiiyg impacted bY heavY tn�ks drivir�g on their streets from an adjoining ir�dustrial araa, and 1�A8, the City p�poses to establish an east/west tn�ck raute system bet�a�een Tnmk Hic�aay 47 arid the irr.�istrial area west of Qo�mty R�oad 102 ar�d saxth of I- 694, and �i8, 3rd Street betw�een 49th Avenue ar�d 53rd Avexiue is d�e.signated as Stats Aid Raute 326, ar�d .. �8, this road is not neo�.ssary for tn�cJc traffic to aooes.s the industri.a]. area, and �iSr the e1�mi.nation of truak traffic o�n State Aid routes requi.res th� C,ca�¢nissioner of Transportation approval. 1�W. �FORB, BE IT RE80LVED T�iT, th.e City �au�il of the City of Fridl�y, Ar�ka QamtY, Mirn�sata, requ�sts the �eaissi�x of Transportatioai to approve the liunitati� of h�eavy truc3c traffic exaept for residerYtial deliveries � MSAS Route 326 between 49th ar�d 53rd Avenues in the City of Fridley, ar�d B�E IT Ft�R RF�OLV� �iT, de.signated trucJc routes are being established to servioe the ir�dustrial area. ; :i:�� n .• • :�� r:�� « •• �i .�r •�� :i: .. •�- • �. r:� : �: �� •i- I • � � i:i;�• �i�r: t:�� : � �.►_ �i� • M�� - . l:�Ni1�1i. 4 �I�1 u►e • : 11.02 � ( �; P . , , - .�.. ^ c. , � y\ _ , � � ` , r-�.. „� , , t r _ , 1'"Yi`�- r- f'� `' ..'g 4 . t __ . �."" ! . � .: ! 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' .� . � � � � � .. � . . :;:.�- - DISTRICT LEGEND' i;�ea1� � �' -- • , �lj� � = p-t ONE FAMILY DWG'S, � ❑' N-1 LIGNT INDUSTRIAL ❑ � � � p.2 � TWO F�MIIY OWG'S - �`�' Y-2 HEAVY INDUSTNIAL � _ ��v� ' � N,�' R-] GEN. IAULTIPLE DWC'S � PUO PLIINNEO UNIT OEV. . O � �r� ❑ 4� __ R-a �tOe1LE XOME PARK � S-7 NYOE PARK NEIGMBORNOOD . . ��`a.L:� i i r�p o , _ . . � . � Q? � � jj 3' �. �� P PUBLIC PACIUTIES 0- 5-2 REOEVELOtNENT DISTRICT - t� A� - _ '._ � 0 O-t CREEK t RIVER IMESERVATION ,.��p _ ,� y.. : C-1 . LOGAI BUS�NE55 � , �C t_' _ � �� ' - ' U�� C-2 GENEXAL BUSINESS � "O-2 � CHITICAL ANEA - � � t � r�. ' ' I��--- C-3 GENERALSNOPGING � � � � � �r . '�j T� C-M/ GENENAL O:P�CE VACATEG STREETS � � ' i'�� i' f Y : � - .: � . . . .4�3`� :1� r•v..'�� ' ,FF�.:s rr"'��V� =_-_ ZONIN� 3 .=� :: . ti. , �[.:� . � ��.�'� � MAP OF t.� � ' �'�= r�r��■ '�'°:j��` ��'.< < : TRUCK ROUTE ciTY oF . �:° _ = FI�IDI.EY J . � �. �.s,' . i • , . �. r . `; . f,� C , i l__�. . L-t— � �. , � � TA . M INNESO �' L . e �� Y�>i�.�... : . . ... , ..._.... _. . . . . � N.G:��. ^� .� . . � ..' . ' '�'"�' - �� - 3rd STREET � e.�,� ��:^ .� i � -<, �y� ,� COMPILEOJIND DRAWN FROM OFFICIAL RECORDS � `� ^" �, _y . . . . . . . � . � . . . . BASED ON ORDINANCE NO. 70 At� ZONMIG MAP � � . � ��,.� �. �� EFFECTIVE DATE JAN. 27. 1956 TOGETHER WITH ALL � '.. `� c�"},�" j ii AMENOING ORDINANCES ADOPTEO AND EFFECTIVE AS OF r , �„��vi a. C ,o,4c . .. . . . . � . :-'. . ` ``'_ � / ,J�� - JULY 1986 r 'i .. � �.�:'�h�crb., j �1 . . . . �J J��•\� !// .r... . ' � C�TY OF MINNEAPOLIS � ^ ~ . . o �. '.l i� ' � 1.03 MIIE �� October 30, 1996 Mr. Bob Brown, Dist State Aid Engr MN Dept of Transportation 1500 County Road B2 W Roseville MN 55113 Subject; Truck Route Designations Dear Mr. Brown: PW96-171 The City of Fridley is proposing to establish specific truck routes to service the industrial area west of Main Street (CSAH 102). This designation is predicated on ensuring large trucks access to the industrial area from University Avenue and I-694 without driving through residential neighborhoods. In designating this area, we have one State Aid street, MSAS 326 (3rd Street), between 49th and 53rd Avenues on which we propose to limit truck traffic as it does not compliment the truck traffic in this area. The attached resolution requesting the Commissioner of Transportation to approve the elimination of truck traffic use on MSAS 326 between 49th and 53rd Avenues was approved by the City Council at their November 25, 1996 meeting. Request this resolution be provided to the Commissioner and approved. If you require any additional information in this regard, please contact me at 572-3550. Sincerely yours, John G. Flora Director of Public Works JGF:cz Attachments 11.04 City of Fridley TO: William W. Burns, City Manager �1 J' � � FROM: John G. Flor � Public Works Director DATE: November 4, 1996 SUBJECT: SRA Agreement PW96-239 With the recent telecommunication issues in the metropolitan area, the Suburban Rate Authority (SRA) invited all those cities that are participating in the League of Minnesota Cities (LMC} action on the right-of-way issue to a temporary one-year membership. This action was adopted by the Board of the SRA as a means of expanding its membership to those cities that were interested in legislation and utility activities. It is hoped that through this temporary membership, that the organization would be able to grow. As a result of this action, the agreement establishing the SRA and its Bylaws need. to be changed to authorize temporary membership and activities in the organization An amended Joint Cooperative Agreement and Bylaws of the SRA have been prepared which incorporates the concept of temporary membership and allows them authority to vote to a limited degree but does not allow them to hold an office unless they become a permanent member. As a means of expanding the organization and continuing the activities of the SRA, recommend the City Council approve the attached iesolution authorizing signatures for the amended agreement. JGF:cz �2.01 RE80LUPI�T 1�U. - 1996 •i:�: �� 1 • • � � � c �:i: i� i�;:r+• • 1 •� • � :,+•�� - r,•�:,is i:r+ •t� �:�' :+U•n •�•+� v• �_�i+4E_!�� 44 �S� t� SL7�71U�11 Rs3t2 ALi�LQY'].� 2'1�S T�Y�25P11t'�d t�2 Cl� aCl �Z1C Litl.�.l� dC."t.1V1t.12S aSSOC11tsC1 Wl�l S�� CJc�Sr P.1�'1C].tj7 aI'ICZ �t.'ZBOC�ILII71C�t10riS� dT� W�EAB, the Subu�an 1?ate Authority is establishir�g a t�rary me�pbership categoYY. and �S, th,e agree�ment ar�d bylaws establish? � the Subtmban Rate Authority requil'+es au�er�hnent to inoorpor�dte t�orary m�bei^ship, at�d �8, 3t is in the City's b�t ir�tet�est tA ca7tin�e mm�bezstiip in the S�burban I�te Auti�rity to mr.�t�itor tY�e operatiori ancl �ctivities of public utilities in the metrnpolitan area. NOW, T�REFORE, BE IT It��80LVED Tl�IT, the City Oo�ulcil of tt�e City of Fridley. Anolca �ty, Minnesota, that the amer�ded Joir�t Qoc�exative Agr�rit establ; �; r,� the S1�burban Rate Authority (SRA} is appraved, and BE IT ��'�II�iT, the May�or and City Ma�x are auttyorrized to e�ecute this agr�nt on behalf of the City of �idley. P�SSF.D AI�ID ADOPt'� BY '1� CITY QO�IL �' '1� CITY 0�' F�LT�?�► Ri�B 25R8 �lY 0�' I�UVII�� 1996. �C�t��•�� WILLIAM A. Q�MPA - CITY CLII2K WILLIAM J. NEE - MAYOR 12.02 � C� '� AME1�iDED JOINT AND COOPERATIVE AGREEMENT I. PARTIES The parties to this agreement are governmental units of the State of Minnesota. This agreement is made pursuant to Minnesota Statutes, section 471.59, as amended. II. GENERAL PURPOSE The general purpose of this agreement is to establish and continue an organization to monitor the operation and activities of public utilities in the metropolitan area; to conduct research and investigation of the activities of such utilities; and to conduct such other activities authorized herein as may be necessary to insure equitable and reasonable public utility rates and service levels for the citizens of the members of the organization and for the members themselves. III_ NAME The name of the organization is the SUBURBAN RATE ALJTHORITY. The name may be changed in accordance with Aiticle XII. IV. DEFINITIONS Section 1. For purposes of this agreement, the terms defined in this artiele have the meaning given them. Section 2. "Authority" means the joint and cooperative organization created by this agreement. Section 3. "Board" or "Board of Directors" means the Board of Directors of the Authority established by Article VI. , . Section 4. "Council" means the goveming body of a governmental unit. Section 5. "Governmental unit" means a city or town in the metropolitan area. DJK109900 SU160-3 1� 12.03 Section 6. "Metropolitan area" means the metropolitan area defined and described by Minnesota Statutes, chapter 473, as amended. Section 7. "Member' means a governmental unit which has entered into and become a party to this agreement. Section 8. "Public utility" or"utility" means an investor-owned utility supplying telecommunication services to member residents or gas or electricity under franchise within one or more governmental units; the term may include other utilities as provided in Article XII. The term does not include municipally owned utilities; the term does include a governmental agency supplying sanitary sewer or other utility services to governmental units in the metropolitan area. Section 9. "Statutory cities" means cities organized under Minnesota Sta�tutes, chapter 412. V. MEMBERSHIP Section 1. Any governmental unit in the metropolitan azea is eligible.to be a member of the Authority. Section 2. A governmental unit desiring to become a member must execute a copy of this agreement and conform to the membership provisions of this Article V. Section 3. A governmental unit wishing to become a member after the effective date of this agreement may be admitted only upon the favorable vote of two-thirds of the votes of the members of the Board of Directors present and voting at any regulaz or speciai meeting. The Board may, in its by-laws, impose conditions upon the admission of additional members. Section 4. The Boazd may, in its by-laws, establish procedures for temporary membership for governmental units for specified periods of time not exceeding one yeaz with or without the payment of contributions or with the payment of reduced contributions as determined under , . Article X. If such memberships aze authorized, the cumulative votes of all temporary members may not exceed 25% of the total votes of the directors of permanent members. DJK109900 SU160-3 2 12.04 Section 5. A change in the governmental boundaries, structure, classiFcation or organization of a governmental unit dces not affect the eligibility of a unit to become or remain a member of the Authority. VI. GOVERNING BODY: BOARD OF DIRECTORS Section 1. The governing body of the Authority is its Board of Directors. Each member is entitled to one director on the Board. Each director is entitled to one vote for each 5,000 of population or fraction thereof, as determined by the official U.S. Census each decade, of the governmental unit represented by the director; provided, however, that each director must have at least one vote and no director may have more than 20 votes. Prior to December 31 of each year following the decennial census, the Secretary-Treasurer of the Authority must determine the population of eacli member in accordance with this�section and certify the zesults to the chairman. Section 2. A director is appointed by resolution of the council of the rnembers for a term of one calendar year. A director serves until a successor is appointed and qualifies. Directors serve without compensation from the Authority, but nothing in this section is to be construed to prevent a governmental unit from compensating its d�rector for service on the Board if such compensation is otherwise authorized by law. Section 3. The Board, in its by-laws, may provide for the appointment of alternate directors and prescribe the extent of their powers and duties. Section 4. Vacancies in the office of director will exist for any of the reasons set forth in Minnesota Statutes, section 351.02, or upon a revocation of a director's appointment by a member duly filed with the Authority. Vacancies aze filled by appointment for the unexpired portion of the term of director by the council of the member whose position on the Boazd is vacant. , . Section �. A majority of the votes of the Board of Directors constitutes a quorum, but a smaller number may adjourn from time to time. The votes of temporary members authorized by DJK109900 � SUloO-3 7 2.05 Article IV, Section 4 are not to be considered in determining the presence or absence of a quorum of the Boazd. VII_ MEETINGS: ELECTION OF OFFICERS Section 1. A governmental unit may enter into this agreement by resolution of its council and the duly authorized execution of a copy of this agreement by its proper offcers. Thereupon, the clerk or other appropriate officer of the governmental unit must file an executed copy of the agreement and a certified copy of the authorizing resolution with the finance director of the City of Columbia Heights, Minnesota. The resolution authorizing the execution of the agreement must also designate the. first director for the governmental unit on the Board. Section 2. This agreemenL is effective on the date when executed agreem�nts and authorizing resolutions of the governmental units presently members of the existing Suburban Rate Authority have been filed as provided in Section 1 of this Article. Section 3. Within 30 days after the effective date of this agreement, the mayor of the member having the largest population must call the first meeting of the Board of Directors which must be held no later than the date of the next regularly scheduled quarterly meeting of the Authority. Section 4. The first meeting of the Board will be the organizational meeting of the Authority. At the organizational meeting, and at each annual meeting thereafter, the Board must select from among the directors a chairman, a vice-chairman, and a secretary-treasurer. Section 5. At the organizational meeting, or as soon thereafter as it may reasonably be done, the Board must adopt by-laws governing its procedures, including the time, place, notice for and frequency of its regular meetings, procedure for calling special meetings, and such other , matters as aze required by this agreement. The Board may amend the by-iaws from time to iime. The Board must meet at least once each yeaz and on suc� other dates as may be provided in its DJK109900 SU160-3 4 12.06 by-laws: The annual meeting is held in the month of January unless otherwise provided in the by-laws. VIII. POWERS AND DUTIES OF THE BOARD OF DIRECTORS Section 1. The powers and duties of the Boazd of Directors of the Authority aze set forth in this article. Section 2. The Boazd may make such contracts and enter into such agreements as it deems necessary to make effective any power granted to the Authority by this agreement. It may contract with any of its member governmental units or others to provide space, services or materials on behalf of the Authority. Section 3. The Board may provide for the prosecution, defense, or other participation in actions or pr�ceedings at law in which it may have an interest, and may employ counsel far that purpose. It may employ such other persons as it deems necessary to accomplish its powers and duties. Such employees may be on a full-time or part-time, or consulting basis as the Board determines, and the Boazd may make any required employer contributions that local government units are authorized or required to make by law. Section 4. The Boazd may conduct such research and investigation and take such action as it deems necessary, including participation and appearance in proceedings of state and federal regulatory, legislative or administrative bodies, on any matter related to or affecting utility costs, levels of service, rates or franchises, and advise members concerning such matters with a view toward obtaining compliance with franchises granted to utilities and insuring reasonable rates and service levels for the members and their residents. The Board may conduct the activities authorized by this section on behalf of any governmental unit located outside the metropolitan . -- area at the request of such a unit, embodied in a resolution of its governing body; provided however, that the conduct of such activities on behalf of any such governmental unit must be DJK109900 SU160-3 - S . � � � ��0� specifically authorized by the Board and shall be subject to such reasonable conditions as to cost of service and other matters as may be imposed by the Board. Section 5. �The � Board may obtain from any utility and from any other source such information relating to utility rates, costs and service levels as any of its members is entitled to obtain from such utilities. Section 6. The Board may receive and hold moneys from any utility to the extent and in the manner as may be provided by this agreement or any franchise granted to a utility by a member; and it may ac�ept voluntary contributions from its members or other sources as provided in Article X. The Authority has no taxing power. It may accumulate reserve funds and may invest and re-invest its funds not needed for cunent expenses in the manner and subject to the limitations applicable by law to statutory cities. The Board may not incur obligations in eYCess of funds then available to the Authority. Section 7. The Board must make a financial accounting and report to the members at least once each year. The books and records of the Authority will be open and avaiiabie for inspection by members at all reasonable times. Section 8. The Boazd may accept gifts, apply for and use grants of money or other property from members or other governmental units or organizations, and may enter into agreements required in connection therewith, and may. hold, use, and dispose of such moneys or property in accordance with the terms of the grant, gift or agreement relating thereto. Section 9. The Boazd must establish the annual budget for the Authority as provided in Article X. Section 10. The Board may, in i#s by-laws, establish an executive committee and may > delegate duties and authority to the executive committee between Board meetings. DJK109900 L SU160-3 V ' 12.08 Section 1 l. The Boazd may purchase public iiability insurance and such other security bonds and insurance as it may deem necessary. Section 12. The Board may, on behalf of the Authority or on behalf of a number of member governmental units or nonmember governmental units, or both, enter into contracts, at the request of such units, with public utilities within or without the state for the purchase and delivery of utility products and services for those governmental units. Section 13. The Board may exercise any other power necessary and convenient to the implementation of the powers and duties given to it by this agreement. IX. OFFICERS Section l: The officers of the Board are a chair, a vice-chair, and a secretary-treasurer elected by the Board for a term of one year and until their respective successors are elected and qualify, at the annual meeting. New officers take office at the adjournment o�the annual meeting at which they were elected. An officer must . be a duly qualified and appointed director. A director from a temporary member may not be an officer. Section 2. A vacancy in the office of chair, vice-chair, or secretary-treasurer occurs for any of the reasons for which a vacancy in the office of director occurs. Vacancies in these offices and filled by the Boazd for the unexpired portion of the term. Section 3. The chair presides at meetings of the Board. The vice-chair acts as chairman in the absence, disqualification or disability of the chairman. Section 4. The secretary-treasurer is responsible for keeping a record of the proceedings of the Board, for custody of funds, for keeping of financial records of the Authority and for such other duties as may be assigned to the Secretary-Treasurer by the Board. Persons may be , . employed to perform such services under the supervision and direction of the secretary-treasurer as may be authorized by the Board. The secretary-treasurer must post a fidelity bond or other DJK109900 SU160-3 7 12,09 insurance against loss of Authority funds in the account specified by the Board. The cost of such bond or insurance to be paid by the Board. The Board may provide for compensaiion of the secretary-treasurer for services to the Board: X. FINANCIAL MATTERS Section 1. The fiscal year of the Authority is the calendaz year. Section 2. Authority funds may be expended in accordance with the procedures established by law for statutory cities. Orders, checks and drafts must be signed by the chairman and countersigned by the secretary-treasurer or such other person as may be designated by the Board in its by-laws. Other legal instruments must be executed on behalf of the Authority by the chairman and the secretary-treasurer. Contracts must be let and purchases made in accordance with the procedures established by Iaw for statutory cities. Section 3. The activities of the Authority may be financed by funds available to it under Article VIII, from voluntary contributions from its members or from other sources, and by contributions from members of the Authority if it is determined by the Board by a two-thirds vote, by written action or at a regulaz or special meeting, of all votes of then existing members, that such contributions aze necessary. This determination must be made by the Board not later than August 1 of each year in order to obligate members to make contributions during the ensuing calendar year. The total annual contribution by members for the ensuing year is established by the Board on the basis of anticipated expenditures and only if the anticipated expenditures are in excess of the anticipated funds otherwise available to the Authority. The contribution in any year by a member must be in direct proportion to the number of votes to which the director representing the member on the Boazd is entitled. Contributions must be made , by the member to the Authority as follows: one-half on or before April i of each year and one-half on or before September 1 of each year. D,TK109900 0 SU160-3 Q 12.10 ; Section 4. An annual budget must be adopted by the Board at the regular meeting in July of each year. If a quorum is not present at the regular meeting in July, the budget may be adopted by unanimous vote of the executive committee. Copies of the budget must be mailed promptly to the chief administrative office of each member. The budget is deemed approved by the members except one who, at any time prior to the annual meeting gives notice in writing to the secretary-treasurer that it is withdrawing from the Authority. XI. DURATION AND DISSOLUTION Section 1. The Authority will exist, and this agreement is in effect, for an indefinite term until dissolved in accordance with Section 3 of this article. Section 2. A member may withdraw from the Authority by filing a written notice with the secretary-treasurer by June 15 of any year giving notice of withdrawal at the end of that calendar year; and membership shall continue until the effective date of the withdrawal. A notice of withdrawal may be rescinded at any time by a member. If a member withdraws before dissolution of the Authority, the member will have no claim on the assets of the Authority. Section 3. The Authority must be dissolved whenever the withdrawal of a member reduces total membership in the Authority to less than seven. The Authority may be dissolved at any time by unanimous vote of all the members of the Board of Directors. Section 4. In the event of dissolution, the Board must determine the measures necessary to effect the dissolution and provide for the taking of such measures as promptly as circumstances permit, subject to the provisions of this agreement. Upon dissolution of the Authority all remaining assets of the Authority, after payment of obligations, must be distributed among the then existing members in proportion to the number of their votes on the Board and in accordance , . with procedures estabiished by the Board. The Authority will continue to exist after dissolution DJK109900 SU160-3 9 '12.11 for the period, no longer than six months, necessary to wind up its affairs but for no other purpose. XII. TRANSITIONAL AND MISCELLANEOUS MATTERS Section 1. The activities of the Authority are to be confined ta teiecommunications, sewage disposal, gas and eiectric utilities, provided however, that the Authority may extend and broaden its activities to any other public utility as defined in this agreement by a 75% majority vote of all the votes of the Boazd of Directors, taken at a regulaz meeting of the Board. In the event the activities of the Authority are so extended and broadened, the Authority and its Board of Directors have all of the powers and duties with reference to any other public utility that they have with reference to gas, telecommunications, sewage disposal and electric utilities under this agreement. Section 2. The name of the organization created by this agreement may be changed when deemed appropriate by the Board, but only upon a 75% majority vote of all the votes of the Board of Directors taken at a regular meeting of the Boazd or by written action. If the name of the organization is so changed, the Board must provide in its by-laws for necessary measures to effect the change in official and unofficial documents, papers, and other essential respects. Section 3. It is the intention of the parties to this agreement that the organization created hereby is the successor to the Suburban Rate Authority in existence on the day prior to the effective date of this agreement. It is further the intention of the parties that any funds made availabte to the organization created by this agreement from assets of the prior Suburban Rate Authority must be used exclusively for the purposes of this agreement. The adopted budget of the prior Suburban Rate Authority remains in effect until revised and until the new annual budget , . is adopted. The adoption of this agreement does not affect or modify the obligation of inembers DJK109900 �O SU160-3 12.12 of the prior Suburban Rate Authority to make contributions authorized by the prior Suburban Rate Authority. IN WITNESS WHEREOF, the undersigned governmental unit has caused this agreement to be executed by its duly authorized officers and delivered on its behalf. Dated: of DJK109900 SU160-3 ,Minnesota (Governmental unit) By Its By Its 199 Mayor Manager Filed in the office of the finance director of the City of Columbia �-Ieights this day 199 . 11 12.13 BY-LAWS OF SUBURBAN RATE AUTHORITY ARTICLE I. MEMBERSHIP Section l. The initial members of this Authority are the cities listed below: Permanent Members: Bloomington Brooklyn Park Burnsville Circle Pines Columbia Heights Deephaven Eden Prairie Edina Fridley Greenwood Hastings Hopkins Lauderdale Long Lake Maple Plain Maplewood Minnetonka Temporary Members: Apple Valley Birchwood Village Blaine Champlin Golden Valley Hilltop Jordan DJK110121 SU160-3 Minnetrista New Brighton North St. Paul Orono Osseo Plymouth Robbinsdale Roseville St. Louis Park Savage Shakopee Shorev:ew Spring Park Wayzata. West St. Paul Woodbury Lake Elmo Lakeland Maple Grove Mound Rosemount Spring Lake Park 1�.14 � Section 1.2. Additional members of ihe Authority may be added pursuant to the terms of an amended "Joint and Cooperative Agreement", creating and continuing the Authority, to which the members listed above are parties. ARTICLE II. DEFINITIONS Section 2.1. Far the purposes of these by-laws, the terms defined in this article have the meanings given them. Section 2.2. "Agreement" means the joint and cooperative agreement creating the Authority. Section 2.3. "Authority" means the Suburban Rate Authoriry created by the agreement. Section 2.4. "Board" .means the Board Qf Directors of the Authority consisting of one director from each city that is a member of the Authority. Section 2.5. "Member° means a city which is a mernber of the Authority in accordance with the terms of the agreemenf. "Temporary member" means a member that fias joined the Authority pursuant to Article X, section 4. Section 2.6. "Couneil" means the governing body of a member. Section 2.7. The definitions in Article IV of the agreement are incorporated herein. ARTICLE III. THE BOARD Section 3. l. The governing body of the Authority is its board of directors. Each member is entitled to one director. Each director is entitled to one vote for each �,000 population or fraction thereof, of the member as provided in the agreement. DJK110121 SU160-3 2 12.y5 Section 3.2. As provided in the agreement, a director must, and a alternate director may, be appointed by the Council of each member, for a term of one calendar yeaz and until their respective successors are setected and qualified. Section 3.3. Board members and aiternate members serve without compensation from the authority, but this does not prevent a city from providing compensation to its board member or alternate for serving on the board if such compensation is authorized by the city and by law. Section 3.4. A majority of the votes of the members of the board constitutes a quorum. The votes of temporary members are not to be considered in determining the presence or absence of a quorum of the Board. Section 3.�. A vacancy on the board is filled by the governing body of the member whose position on the board is vacant. Section 3.6. A director is not be eligible to vote on behalf of the director's city during the time that the city is in default on any contribution to the authority payable under the provisions of the agreement. During the existence of a default, the vote or votes of the member may not be counted as eligible for the purposes of these by-laws or the agreement. Section 3.7. An aiternate director from a member may serve in lieu of a director representing that member at any meeting of the board if the director is not present at the meeting. If a director is also an officer of the authority, the alternate to that director may not serve as such officer in the absence of the officer. ARTICLE IV. POWERS AND DUTIES OF THE BOARD Section 4.1. The powers and duties of the board are those set forth in the agreement. , � DJK110121 � SU160-3 12.16 ARTICLE V_ FINANCIAL MATTERS Section 5.1. Authority funds may be expended by the board in accordance with the procedures established by law for the expenditure of funds for statutory cities. Orders, checks and drafts must be signed by the chair or vice-chair and the secretary-treasurer or assistant secretary-treasurer. Other legal instruments must be executed on behalf of the authority by authority of its board by the chair and secretary-treasurer. Section 5.2. Directors and alternate directors may inspect the financial records of the authority at all reasonable times. Section 5.3. The fiscal year of tfie authority is the calendaz year. Section 5.4. A depository for authority funds must be designated by the board at its annual meeting each yeaz. Prior to such designation the secretary-treasurer may recommend a depository to the board. Section 5.5. At the end of each year the secretary-treasurer must make an annual financial report and submit the report in writing to the board at its next annual meeting. ARTICLE VI. OFFICERS Section 6.1. The officers of the authority aze the chair, vice-chair and secretary-treasurer. Section 6.2. The chair is presiding officer of the authority. The chair presides at meetings of the board and has responsibility for seeing that all orders and resolutions of the board are carried into effect. The chair is an ex-officio member of all standing committees and has the general powers and duties of supervision and management usuaily vested in the office of president of a corporation. DJK110121 SU160-3 4 12.17 I Section 6.3. The vice-chair, in the absence or disability of the chair, performs the duties and exercise the powers of the chair and performs such other duties as the board prescribes. Section 6.4. The secretary-treasurer must attend meetings of the boazd and record votes and the minutes of boazd proceetlings in a minute book kept for that purpose. The secretary- treasurer performs iike duties for the committees of the board when so directed by the board. The secretary-treasurer gives, or causes to be given, notice of all meetings of the board and of committees, and performs such other duties as may be prescribed by the board. Section 6.5. The secretary-treasurer has the custody of the funds and securities of the authority and must keep full and accurate accounts of receipts and disbursements in books belonging to the authority and shall deposit all moneys and other valuable effects in the name and to the credit of the authority in a depository designated by the boazd. The secretary-treasurer disburses the funds of the authority as ordered by the boazd, taking the proper vouchers for such disbursements, and renders to the board, at regular meetings of the board, or whenever it may require it, an account of all transactions as secretary-treasurer and of the financial condition of the authority. Section 6.6. The Board may designate an assistant secretary-treasurer who, in the absence or disability of the secretary-treasurer, performs the duties and exercise the powers of the secretary-treasurer and performs such other duties as the board directs. Section 6J. The officers of the authority must give bond as required by the board, at authority expense; with corporate sureties satisfactory to the board, for the faithful performance of their duties and for the restoration to the authority, in case of death, resianation, retirement or removal from office, of all books, papers, vouchers, money and property of whatever kind in , their possession or under their control belonging to the authority. DJK110121 C SU160-3 J 12.1$ Section 6.8. The Board may at the annual meeting provide for the appointment of a finance committee. �'he finance committee must carry out the duties assigned to it by the Board and the Executive Committee. Reports of the finance committee must be made to the Executive Committee which must submit such reports to the Boazd with its comments and recommendations for Board action. ARTICLE VII_ EXECUTIVE COMMITTEE Section 7.1. The executive committee consists of the officers of the authority and four directors selected by the authority at its annual meeting in accordance with this section: The four additional members of the executive committee must reflect as nearly as practicable the geographic area of the authority and the range of population of its members. Section 7.2. A majority of the members of the executive committee constitute a quorum. Section 7.3. Each member of the executive committee has one vote at a meeting of the executive committee. Section 7.4. The executive committee meets at the call of the chair or two members of the committee. Notice of an executive committee meeting must be in writing given at least three days prior to the date of the meeting. Waiver of written notice may be given by either (a) attending such meeting or (b) waiving notice in writing. Meetings may be held by electronic conference. Section 7.5. The executive committee acts in the interval between meetings of the board and only on such administrative matters as authorized by the board or by the agreement. Section 7.6. Copies of minutes of the executive committee meetings must be sent to all directors and alternate directors. , DJK110121 L SU160-3 V �2.19 ARTICLE VIII_ BOARD MEETINGS Section 8.1: Regulaz meetings of the boazd are held quarteriy on the third Wednesday in January, April, July and October. The regulaz January meeting of the board is the annual meeting of the authority at which the officers aze elected. Section 8.2. Written notice of ineetings of the board must be sent to all directors, alternate directors and the clerks of inembers, as the same may appeaz on the records of the secretary- treasurer_ Section 8.3. Special meetings of the board may be called by the executive committee or any three directors or any number of directors having at least 25% of the total votes. The purpose of any special meeting must be stated in the notice of the meeting. Business transacted at any special meeting is confined to the purposes stated in the notice. Section 8.4. Written notice of a regular meeting must be mailed a least ten days prior to the meeting and written notice of special meetings must be mailed at least three days prior to each such meeting. Section 8.5. Notices of ineetings must specify the time and place of the meetings. The time and place of regular meetings and of ineetings called by the executive committee are to be determined by the chair. The time and place of special meetings called by others will be as determined by the persons calling the meetings. Section 8.6. At a meeting of the board, a majority of the total authorized votes of all directors constitutes a quorum. If a quorum is not present at a meeting, those present may adjourn the meeting from time to time without notice other than announcement at the meeting, until the requisite number of votes are present to constitute a quorum. At an adjourned meeting DJK110121 SU160-3 � 7 12.20 � at which a quorum is present, any business may be transacted that might have been transacted at the meeting as originally cailed_ Section 8.7. A copy of the agenda for a meeting must accompany the notice of the meeting_ Section 8.8. Copies of the minutes of a meeting of the board must be promptly distributed to each person to whom notice of the meeting is required to be sent under the provisions of these bv-laws. Section 8.9. Unless otherwise specified in the agreement or in these by-laws, all meetings of the board and all meetings of the executive committee and other committees of the authority are to be conducted in accordance with Roberts' Ru!es of Ordec, Revised. - Section 8.10. The board may from time to time determine the order of business for board meetings. The usual order of business at such meetings shall be as follows: A. Call to Order. B. Roll Call. C. Minutes of Previous Meeting_ D. Report of officers. E. Report of Committees. F. Consideratiori of Communications. G. Unfinished Business. H. New Business_ I. Adjournment. ARTICLE IX. COMMITTEES Section 9.1. The board may appoint such committees in addition to those required by these by-laws and the agreement as the board deems necessary. Committees are to be selected in the manner determined by the Board. DJiC110121 SJ160-3 8 y2.21 ARTICLE X_ TEMPORARY MEMBERS Section 10.1. This article is adopted pursuant to Article V, section 4 of the agreement. Section 10.2. A governmental unit eiigible to become a member of the authority may become a temporary member subject to the provisions of this article. Section 10.3. A governmental unit wishing to become a temporary member must execute a copy of the agreement and file it as provided in Article VII of the agreement. Section 10.4. A governmental unit that is a temporary member may continue such membership until a date fixed by the boazd of directors. Except for matters relating to the terms and conditions of temporary membership, a temporary member has the same voting rights and membership rights as a permanent member, provided, however, that the cumulative votes of ali temporary members may not exceed 25% of the total votes of permanent members. The board of directors must, if necessary, reduce the votes allocated to temporary membeFS to carry out the intent of this section and the agreement. The votes of temp�rary members are not to be considered in determining the presence or absence of a quorum of the boazd of directors. Section 10.5. A temporary member may become a permanent member at any time by making the contributions that would be required if it were a permanent member. Section 10.6. A director from a temporary member is not eligible for election to the executive committee. Section 10.7. The secreiary-treasurer must keep an accurate record of the number and votes of temporary members and must notify the temporary members of the termination of membership. A temporary member that does not elect to become a permanent member before the date temporary membership ends is deemed to have withdrawn from the authority effective on the date so fixed. DJK110121 ^ SU160-3 7 12.22 ARTICLE XI_ AMENDMENTS TO BY-LAWS Section 11.1. These by-laws may be amended at any regular or special meeting of the board provided that a ten day prior notice of the proposed amendment has been furnished to each person to whom notice of board meeiings must be sent pursnant to these by-laws. An amendment may be proposed in writing fiied with the chair by any member, a director, by the Executive Committee or by the Board on its own motion. Section I 1.2. A majority vote of a quorum present is necessary to adopt an amendment to these by-laws. Section 11.3. In any instance where these by-laws are in conflict with the agreement, the agreement controls. Section 11.4. These by-laws are effective upon their adoption by the Board of Directors. Adopted by the board of directors of the Suburban Rate Authority this day of ATTEST: Secretary-Treasurer 199 . DJxiioi�i 10 SU160-3 12.23 TO: FROM: SUBJECT: DATE: WILLIAM W. BURNS, CITY MANAGER r��° � RICHARD D. PRIBYL, FINANCE DIRECTOR PAUL S. HANSEN, STAFF ACCOUNTANT MODIFICATIONS TO THE 1996 BIIDGET October 8, 1996 Attached you will find a resolution amending appropriations to the 1996 budget in accordance with the City Charter. The adjustments listed have arisen as a reclassification of account codings. All through the Budget Reappropriation Form. the attached budgets. RDP/ph Attachment result of donations, unforeseen expenditures, and adjustments have been informally approved by you We request that Council approve the amendment of `13�01 RESOLUTION # - 1996 A RESOLUTION AUTHORIZING CHANGES IN APPROPRIATIONS FOR THE GENERAL FVND AND THE. CAPITAL IMPROVEMENT FVND FOR THE THIRD QUARTER OF 1996. WHEREAS, the City of Fridley has involved itself in initiatives that provide for future charges and modifications that will allow for a better delivery of service, and WHEREAS, the City of Fridley had not incorporated these and other necessary changes into the adopted budget for 1996. NOW, THEREFORE, BE IT RESOLVED that the General �.ind and Capital Improvement �znd budgets for the following divisions be amended as follows: REVENUE ADJUSTMENTS DONATION - POLICE RElMBURSEMENT - FlRE DONATION - FIRE DONATION - RECREATION TOTALREVENUE ADJUSTMENTS GENERAL FUND 500 '! 50 600 9,665 $10,915 APPROPRlATION ADJUSTMENTS ClTY COUNCIL SUPPUES/CHARGES 1,564 POLICE SUPPLIES/CHARGES 500 RICE CREEK TOWNHOUSE - FOOD SUPPLIES FOR TOWNHOUSE PICNIC. RElMBURSEMFNT FOR USE OF HAZMAT TRAtLER. NORTH METRO CAER - FOR FLOATATION BOOM TRANSPORT TRAILER FRIDLEY LIONS CLUB-SAND VOLLEYBALL GOURTS AT MOORE LAKE BEACH, SUPPLEMENTAL DUES TO THE LEAGUE OF MINNESOTA CITIES FOR WORK PLAN Ofi RIGHTS OFWAY TASK FORCE. DONATiON FROM RICE CREEK TOWNHOUSE FOR FOOD SUPPLIES FOR TOWNHOUSE PICNIC. FIRE SUPPUES/CHARGES 150 RElMBURSEMENT FOR USE OF HAZMAT TRAlLER SUPPUES/CHARGES {1,250) TRANSFER CODE ENFORCEMENT SOFTWARE BUDGET TO PLANNING. CAPITAL OUTLAY 600 NORTH METRO CAER - FOR FLOATATION BOOM TRANSPORT TRAILER MUN1ClPAL CENTER SUPPLlESlCHARGES 8,305 RECREATION SUPP�IES/CHARGES 1,361 PL4NNlNG SUPPLIES/CNARGES '1,250 TO7Al.. APPROPRIATION ADJUSTMENTS $12,479 EMERGENCY RESERVE TOTAL EMERGENCY RESERVE FRlDIEY LIONS CLUB-SAND VOLLEYBALL COURTS AT MOORE LAKE BEACH. FRIDLEY LIONS CLUB-SAND VOLLEYBALL COURTS AT MOORE LAKE BEACH. TRANSFER CODE ENFORCEMENT SOFTWARE BUDGET FROM FIRE DEPARTMENT BUDGEi 1,564 SUPPLEMENTAL DUES TO THE LEAGUE OF MlNN�SOTA CITIES fOR WORK PLAN OF RIGHTS OF WAY TASK (1,564L FORCE. 13.�i2 . , CAPITAL IMPROVEMENT FUND REVENUE ADJUSTMENTS DONATION 6.500 FRIDLEY LIONS - CONSTRUCTION OF TRAINING TOWER AT FIRE TRAINING CENTER. DONATION 95,000 SPRiNG LAKE PARK LIONS - CONSTRUCTION OF TRAIN- ING TOWER AT FIRE TRAINING CENTER. TOTAL REVENUE ADJUSTMENTS a21,500 APPROPRIATION ADJUSTMENTS CAP(TAL OUTLAY 6,500 FRIDLEY LIONS - CONSTRUCTION OF TRAINING TOWER AT FIRE TRAINING CENTER. CAPITAL OUTLAY 15,000 SPRING LAKE PARK LIONS - CONSTRUCTION OF TRAIN- ING TOWER AT FtRE TRAINING CENTER. TOTAL APPROPRIATION ADJUSTMENTS �21,500 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS TH DAY OF , 1996. ATTEST: WILLIAM A. CHAMPA — CITY CLERK 13.Q3 WILLIAM J. NEE — MAYOR MF JUM: TO: WILL �I {` IAM W. BURNS, CITYMANAGER � FROM: SUBJECT: RICHARD D. PRIBYL, FINANCE DIRECTOR WATER RATE INCREASE DATE: November 21, 1996 Attached is both the legislation and a summary of pertinent data that is related to the proposed water rate increase. As you recall, this topic was discussed with Council at a Council Budget Work Session this past summer. During that session, the water quality concern was addressed; as a result of the meeting, it was decided that an additional filtration plant would be added to our water purification system. In order to pay for the cost of the new plant and the normal increase in operating costs, an increase in rates is necessary to keep the operation from running at a loss for 1997. In a survey of communities in the metro and outstate areas, it appears that our cost for water is among the lowest. With the proposed increase, the cost of our community's water is still among the lowest in the metro and outstate area. RDP/me f � 0 r 14.01 RESOLUTION NO. -1996 RES4LUTION PROVIDING FOR WATER RATE CHANGE WHEREAS, Section 402.13 of the City Code provides that the City Council shall have the authority to set water rates by resolution, and � Whereas, the City has indicated a desire to provide for improvements to both the generating/filtration system, and Whereas, these improvements have been outlined in the City's Five Year Capital Improvement Program, and WHEREAS, the rates are to be effective with the January, 1997 billing. NOW THEREFORE, be it resolved, that the following water rate schedule for a11 customers except those qualifying for the low income senior citizen and disabled citizen rate shall be as follows: WATER RATE SCHEDULE 0 - 5,000,000 OVER - 5,000,000 $1.00/1,000 Gal/1Vlinimum $12.00 $1.05/1,000/Gal BE TT FIJRT%�R RESOLVED, that the City Council hereby provided a reduced rate schedule for qualifying low income senior citizens and disabled citizens as follows` SENIOR CITIZEN RATE SCHEDULE 0 - 5,000,000 $.75/1,000 GaU�nimum $9.00 The following criteria must be set to qualify for the low income senior citizen rate: 1. The senior citizens must occupy single family or double bungalow units. The senior citizen rate does not apply to apartments, commercial, industrial, institutional, or other. 2. The customer or person having responsibility for paymern of the water charge must be sixty two years of age or older and must provide a copy of a valid IVLnnesota Driver's License or receipt thereof, or a 1Vfinnesota Identification Card or a receipt thereof with cunent address for proof of age. 3. The person must certify that the total household income is less than the low income level defined by the Department of Housing and Urban Development. One method of verification may include reviewing a copy of the past year's Federal Tax Form. 14.02 � The following criteria must be met in order to qualify for the low income disabled citizen rate: 1. Disabled citizens must provide a copy of an award letter &om the Social Security Administration indicating that the individual is one hundred percent (100'/0) disabled. 2. The person must certify that the total household income is less than the low income level defined by the Departmem of Housing and Urban Development. One method of verification may include reviewing a copy of the past year's Fedefal 1040 Tax Form. PASSED AND ADpPTED gy THE CITy COUNCIL OF TI� CITY OF FRIDLEY THIS DAY OF NOVEMBER, 1996. WII.,LIAM J. NEE - MAYOR ATTEST: WILLIAM A. CHAMPA - CITY CLERK 14.03 - ate� Fin ' ancla ::....;�#�f - -; �; �., :. ::�.. k�. u��a � �Y fi. • 1995 Net Loss - .($234, 597) � � 996 Projected Net Loss -($60369) • 1997 Budgeted Net Loss -(�195, 932) — Current Rate = $.90/1,000 Gailons <5,000,000 — $.95/1,000 Gallons >5,000,000 — Monthly cost based on 22,500ga1JQuarter =$20.25 ■ Survey of 26 Metropolitan Cities Showed: • Highest mQnth/y cost reported $50.94/Quarter • Lowest monthly cost reported $17.02/Quarter • Average monthly cost reported $30.94/Quarter ■ Recommendation: • Water Fund shou/d at a minimum break even • lncrease rates to a minimum of : -.1. 00/1, 000 Gallons <5, 000, 000 — 1. 05/1, 000 Gallons >5, �00, 000 • Quarterly cost based on new rate assuming consumption at 22,500 ga//ons = $22.50 14.04 C I T Y O F F R I D L E Y MEMORANDII.M TO: WILLIAM W. B[TRNS � CITY MANAGTsR ��- FROM: RICHARD D. PRIBYL, FINANCl3 DIRECTOR WILLIAM A. CHAMPA, CITY CLERK DATE: NOVEMBLR 21� 1996 SIIBJECT: TA$ FORFLIT PROPERTIES We have received notice from Gene Rafferty, Anoka County Land Commissioner, that two parcels of land will become tax forfeit. The County requests the City's response to the sale by November 27, 1996. Attached are the following materials: 1. Maps illustrating locations of the forfeited properties 2. List of tax forfeit properties in Fridley 3. Parcel classification and appraisal forms 4. Verifications of relating specials assessments. The Anoka County Land Commissioner has established a County-wide numbering system for tax forfeit properties. Those located in Fridley are 19 and 20. We recommend selling both properties. No. 19 - Should be sold. No. 20 - Should be sold. In compiling this information, we solicited input from Assessing (Ed Hervin and Mary Smith), Community Development, Public Works - Engineering (John Flora and John Wilczek) and Recreation (Jack Kirk) . , We recommend that the City Council approve the above mentioned action on these two properties at the November 25, 1996 Council meeting so that we may respond to the County by the November 27, 1996 deadline. Attachments � 15.01 C�tiSSIFICATiON L1ST CL97 PLATTEO E�HIBIT A APPRAISED SUBOIVISION SEC/�OT TwPJBLOCK RANGE vALUE OF LANO CITY OF FRIOLEY CONTACT THE MUNICIPALITY FOR LOCAL BUILOING AND ZONING OROINANCES. REG LANO SURVEY NO OSi ------------------------------ 19. 15 30 24 11 0034 KEY 530198 REGISTERED LANO SURVEY NO D 51 TRACT D REG LANO SURVEY NO 51 RIVERVIEW HEIGHTS ------------------------------ 20. 03 30 24 23 0008 KEY 525818 LOTS 29 � 30 SLK E�IVERVIEW 29 E NEIGHTS, SUBJ TO EASE OF REC PAGE 7 15.02 � PARCEL PIN# 15-30-24-11-0034 _ Please complete the following inforn�ation by answering all applicable questions. _ 1. Is this parcel buildable or unbuildable. Unbuildable � a) Has your city/township adopted�a local ordinance governing minimum area, shape, frontage or access? . Yes (If yes, answer ib; if no, proceed to question 5.). b) Does this parcel comply with your local ordinances regarding minimum area, shape frontage or access and, because of this, can be improved? If it does not comply, please list reasons(s) for non compliance. No - landlocked and mostly under �rater. 2. Do you recommend combining this parcel with an abutting forfeit parcel (if there is one)? No 3. If your answer to #2 is yes, indicate which parcel on the list. 4. Do you recommend selling this parcel to the abutting l.andowner? Yes, if owners of Lot #19-to the west are interested. 5. What is the current zoning of the.forfeit parcel? Residential 6. Are there any buildings on the parcel? If so, what type, and what i's .. their present condition?' No 7. Do you have an appraised value on the parcel? If so, what is it? $0 _ _ 8. Does the City or township want an easement over the parcel? No. 9. Any other information you feel would be helpful. The City. of Fridley recommends combining this parcel with Lot #19 (see map) directly to the west. Since the parcel is mostly under water, we do not feel that a value should be assigned to it. 10. Name and title of person who completed this questionnaire. CompiJ.ed by William A. Champa, City Clerk, with assistance from City Assessor, Engineering and Community Development Departments. Thank you for providing the infornaation. Please return to: G.ene Rafferty, Land Commissioner - Anoka County Governmen� Center 2100 3rd Avenue Anoka, MN 55303 15.03 � VERIFICATION OF SPECIAL ASSESSMENTS CITY OF FRIDLEY PARCEL PINS# 15 30 24 11 0034 DATE OF FORFEITURE: 06/12/96 Before Forfeiture Amount - 0 After Forfeiture Amount - 0 Special Assessments Not Previously Certified - 0 Watershed District - Rice Creek We ask that you enter the amount of special assessments by category on the captioned parcel. If there are none, please enter a zero. If you need to verify the amqunts, please contact the Special Assessments Clerk at 323-5434 in the Property Records and Taxation Division. If your municipality or township has not previously certified special assessments on a_forfeit property, you should now certify them to the PROPERTY RECORDS AND TAXATION DIVISION, and enter them on the line, "Special Assessments Not Previously Certified". Improvements before forfeiture should include principal and interest up to the date of forfeiture and all deferred installments of principal. Improvements after forfeiture should include ONLY THE TOTAL PRINCIPAL AMOUNT. MS 282.Oi, Subd. 3 reguires improvements made after forfeiture to be considered by the County Board in setting the appraised value for sale purposes. The apportionment of proceeds after sale is done in accordance with MS 282.08. Clerk of Township, Municipality or Watershed District (Seal) November 26, 1996 �5.04 . � �--� � �� '7'' ' _ _ I � A S H �D�� A. D/ T/ .N. ( . /•Mf'a��N/ ' �y O I'�'f �.V ' l e v i7 H 17 � S. eY 43'E � � R" xN i .f,b � � Wl Lf. `C� �� r.1.✓3a.. . � -�+•' t�J �oy,.�'�,M` t..s . � «i � � �r� �r� u, �} yr� _ i: s:r" o�� A�'( � : a -�--� ' y. --t- ---- • � � �s �,g�. . , L : ,�� d � " •-�A... - 4'.If!K - �1 � r NsP. _ " � I .`�. ]' �-y"N � _K �` _ � 1i ��_ � . . ./ . 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P�.F ar ` i i �\ � ,� r �0� s.se nw ' � �p1)� iyD) O af fiP� ' • ` a_ _ ' - 't} _.�d-� � �\ d d f �,�� . \ -. \ � � �� 7,�-6 Ri - � . � '�'� - � .�: i (�� s� 3 ) "%. , �t� `�. # :. ; �,. a�� . /�, —� i l �'`"�,.� ; "�`• !`_1 F � �' d�+ _ C"% 1 t�`�' `!!!� � /*?'c'w � , � a W��.:,`. .i b. ` �- .�� s,<�.�1�e � '� , a :�f-� t�� - _ �- - k _ � �) h((J� 's ,d �4% � :s ��,.• -�� ? , _ , � , ._ K , _; $�O yp � � ,� _ - - �, / ! � +� .��- ,'��o r . � `pl�� c .h-' � y,tr�i�� f � i : 74 j 39'i'� ; sa',t 6 `' �' , ti, �+ � �6).� 3� (lB� 6 Cf°� � � ,. •,u.v,. .<` � - �' �: s�'.�;+�¢ 3� ` � ,� � S, _�ii% � � � �, l�'� �+�� ;� ._ _ �� :g z._ .. . '' ' ;.� � \ • �� , fI�' f/ •,f•�e• _ �, _ L� �� `�{a "° • � � _ z° ..aa !' _'� � � s a , ��y� F „� a��'� � � 3° � �`�= ` _ � . (il � (�>. _ . .n - � ` � .ys?�v�� 0 , �, - i . �. `r.se�� :; �r) 3 ,�� ', � �=��,- � � � h o �� / �1 a�' � � ': 4' r �•,* - � �� S� . , - k � "r'a`.v:�: s � i°0 ($) $ ra,• , ° �V .. . � `�h, K � f �..11 �. � � �f� � � �ii h � K � �� //t� � � ; .. ; O 1 ..i ; � � _ �.. _ a' �. � � /p�� 3 . �� ti: -� 0 1 �:.��5. l , 6� :n ' w d {9 !?" w 1�,,, _ d .'�� W) s"'' _ � ; � `a e � M :-.�') � %st� �4= i��i - � �13) �4 . � � : � � : � � 1 (�') �`� Y; �'� ,�� . •�` � (�"' �� ~� `� ,�,c;: �r • �--- r - _ ' - � '�� - „ Ys. : � , (d) , K� s: er � ' - '� �' ! • . .`_. � � ''c��.�� 9� - s • '� "-�� i 3 � ! % `� .`g% 4 �N). a' � ' - 'I . R C� " � - �1: � � b �:27 ) d. ' � �� i �; ' y. . t , i M . t �s,' � '� r ';' �'� y" _ aa _�'°' � � � �,�. � .•*�. - r • � ,, ° . - :� . . , .. ...� w. j2 (pj :oo � ' n ia h '�"'� �,s� ; ., ;� . � /� �p (�) t t�,; i�% � �°` �lZ� � �� ,s r ��'� !�/ � � yA A n �4 i ^ � � t �p �l% � ' �s. za � , ti f : S9 . •• ' � 4 •, � � �t � �j> r/ � a' j � ti •s -, 4' ) �� i� • �. �+jM �� .�e)� �� . C-`,jb l� � ��`y .� f j1. f l' � I! ' . rJ 6� �' .�'•�. rA:.ti:' �"iy`� �^ :� � 6 J " . i� � _. �.7 r�� s��.,�.w� . � �m �._ y ;.--I1x .� =<5•.• . - .,. �l . , 1+,. � PARCEL PIN# 03-30-24-23-0008 Please complete the following information by answering all applicable questions. 1. Is this parcel buildable or unbuildable. Unbuildable a) Has your city/township adopted a local ordinance governing minimum area, shape, frontage or access? Yes (If yes, answer 1b; if no, proceed to question 5.). b) Does this parcel comply with your local ordinances regarding minimwn area, shape frontage or access and, because of this, can be improved? If it does not comply, please list reasons(s) for non compliance. Parcel does not have enough frontage to be buildable. 2. Do you recommend combining this parcel with an abutting forfeit parcel (if there is one)? No 3. If your answer to #2 is yes, indicate which parcel on the list. 4. Do you recommend selling this parcel to the abutting landowner? Yes 5. What is the current zoning of the forfeit parcel? Residential 6. Are there any buildings on the parcel? If so, what type, and what is their present condition? No 7. Do you have an appraised value on the parcel? If so, what is it? $4,900 8. Does the City or township want an easement over the parcel? No. 9. Any other information you feel would be helpful. 10. Name and title of person who completed this questionnaire. Compiled by William A. Champa, City Clerk, with assistance from City Assessor, Engineering and Community Development Departments. Thank you for providing the information. Please return to: Gene Rafferty, Land Commissioner Anoka County Government Center 2100 3rd Avenue Anoka, MN 55303 323-5427 , . 15.06 VERIFICATION OF SPECIAL ASSESSMENTS CITY OF FRIDLEY PARCEL PINS# 03 30 24 23 0008 DATE OF FORFEITURE: 06/12/96 Before Forfeiture Amount - 0 After Fo"rfeiture Amount - 0 Special Assessments�Not Previously Certified - $3500 Watershed District - Six Cities We ask that you enter the amount of special assessments by category on the captioned parcel. If there are none, please enter• a zero. . If you need to verify the amounts, please contact the Special Assessments Clerk at 323-5434 in the Property Records and Taxation Division. If your municipality.or township has not previously certified special�assessments on a fo�feit property, you should now certify thean to the PROPERTY RECORDS AND TAXATION DIVISION,.and enter them on the line, "Special Assessments Not Previously Certified". Improvements before forfeiture should include principal and interest up to the date of forfeiture and all deferred installments of principal. Improvements after forfeiture should include ONLY THE TOTAL " PRINCIPAL AMOUNT. MS 282.01, Subd. 3 requires improvements made after forfeiture to be considered by the County Board in setting the appraised value for sale purposes. The apportionment of proceeds after sale is done in accordance with MS 282.08. Clerk�of Township, Municipality or Watershed District (Seal) November 26, 1996 � a 15.07 � i 1� n � I � Z3 I � o � o 26�95 -� r Z��. � i m '�� Nb, ,Y •� r�. (r�nT1 o g �6 c zo) � o (�o) 6 � , ° ' ;. 2�'�•T1 -. �'�9� 6,30:27 ; .9 0 t z c; � - ° \ zoo , ` ls�l °•• �, ta�) 7 y� 8 s� gla9 261.86 _ 240 (197 . o � , � , m'` �4 �� i A }a� � .. V m ,- 0 9+� g9 . m� N8 e i68i . ` , � 27 ° � ' � �' �5 a p � a. . aI 12t.83 f64. ([ t h' 3( 26) ^ o J e ( � 8 J '^ � 3 � ` � Zp0 �..� . 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' yq6 .��A�AY t � Tt � � � � � u 5 �, o � c�x3► a'1�42 � 0°' t eo J 1 00 � � 100 100 , � 25.� � 9?? ?.�S . . � � � N , _ w N J NO ', . ` � A �fn a� 214.1 � : 2525?52+ ,-�- l v1� 11�� N _ 1 O tO 119 0 �N 1��106 i f � 115 s.-` ' ; UD/ P P�Ol3B)�L o!: ' 9 � n1~ O- 7 � y'!O \ �w a _�. u� W�� N A o .�R'20II.69 �•� Z, s0 � � 213.0I � m U o v tD 0� nj O m � E� 1. 30 0 l0 8 t. � �'�� / µ.163- f 0 � .�� 212. O 7 �8 tl ,�g 7j '1� O / . 6 1'1 v y /� �: �. 44 N N ;1 Sj Z 2 80.79 /•- . .. �O O ✓� /-� �s�� 23 m .. c„ "� v rn te r w * ' �.� e�.ss cze� � �1� oB4.50_ �� 82.47 ' e8972.53� Sp m a o N � �tl 2 �, �9 05 751�9n R�� 2 �' � 6 `Ot 9� ot\O � N � , .' � ° h ,° "+ ,is " , 00q,r`6 T 0 � /� -/H� �. .�.-.3 � " u� 9 � 2525 .�..5 25� S1- � . - N -3 ° � o �o� (BO) a�►I791►o� � �oy1 (7 'r m j(9� r. ro � 7`j 2 2 . . 292' ,� l� U o a j�, o�w s ��j' '� p° j. A%Z 6s.b °%A%{ KY.' liii) m, � 30 � , t� v�U � ro 4 N 1� �'ray '7 a-� /�j o. �' 0.04-• s ; . 9027. �6'� P _ -_ � tl U(n�71 ��(�� N L .V P Y -,� �74 � � :! ! .. o�i� p/�I� '_ 6 S�Z O' ��-�OI o 25� 25 �� 41 ll {� U a� __ � . O�A . i2�.19 82�.79. O-ID0.7� �� - ot2!�y I'ZO " ..'Q 3� l �3 O � _ � � - �u� .20. ..a52� ,_. . �eC1 � . i� 1 � _ � c„N � O _ .� ��1% __-�so- _ , ��" _ . . _ . _ _ /� . . �� /� �-�'--4�3. a 1 Q �-4� t 1 �F o � � ,,o� � RE't//St o, � ��3.�,3'� IlS.4� . . 109 3 csl a , Z�o �09 15 . �en a�- % � roz e�6 '�� ;�1 �� OI S A T « � o P �i (67) (6!) `ri166��!� 1�0 m, W� ... - //t�� T / o � _.•. 1T.� -149 .98- -- , l / ! ��,,."'. :� .. ..r.326.90- � �'110 i � r : �n. ._ _ � . ' F. 3I6) oi z- 20'-. � Zy s , n..,,_ .2x!�ie� 25 29 291�` 2y �� il -_ �,j� j1 CT �'� IV W a... - `' W�� O l0 "'' `T 4} t7 j) ��y 25 Z' -_ .. ' 3O +}0 p St0 /' � � r0 i� fi � R� 125�cT1 t�ee - � $ '� - v� � W �v ° (t'► �- �1e1 � z5g'�Za25�' TREE� �52' 1��1�' �1 ��z�12� � `'zo ne ,�i.l`:NWWOD�O � t�9z1 ��CJV61�a n 1 1 3o�3oiSyy25� 2'�25zS2�i55� p112�1 ��U�O�`Zal3 N�V �8oce.S2 . �T V � � J o � � y . .. ZS Z 25 �� 3� � ' , - � V� � � ,2,� f ° �� / � /. .. 61 lu N ,i� '�T 1 �g 3� . - y 5 5�� 2 _ tl� V� ��76� m m lT . 120J - t` .a ' i,i�� t �s�s� y 2s �= �� _ - , ��!w u` - _ , . 6 r ` �' " �G\�f? t�'J:�•21 ZK`S2 pZ�t � 'pila W`001 �� "= i(, ch -.,i'' ir 60 . i. -.}' ..r. :5 ` _ 'n 1� - ~ � .. '" . �f `�. .. -1.. �1?'� a, `r,i'� .' '(` ` __qWL�-� :v,�.:a"'°' � ` �_�;c,�'.*�,r;U'�_F �1, � _ is' � ,. u . r� fl�. _ _.._ .,� �.' ��1- _ �v-ici-. �t- � _.., . 6 � f� ' _ C��F FRIDLE.Y . MEMORANDUM Municipal Center 6431 University Avenue Northeast Fridley, Minnesota 55432 {612) 572-3507 FAX: (612) 571-1287 Memo to: William W. Burns, City Manager �� Wil(iam C_ Hunt Assistant to the City Manager From: William C. Hunt, Assistant to the City Manager �� Subject: Revision of Police Contract to Accoaimnodate Varying Shi€ts Date: November 20, 1996 Attached is a revision of the current labor agreement with the police officers to accommodate varying shifts. The proposed changes will make the contract adaptable to eight hour shifts, twelve hour shifts, a combination of both, or some other shift arrangement. In other words, the language of the contract has�been revised so that it will be indifferent to various possible shift arrangements. If, after a one year.experiment with twelve hour shifts, police administration decides to return to eight hour shifts it will not be necessary to make any changes in the labor agreement. Changes have been made to the following articles: 10.5 25.1 25.5 27.1 12.2 25.3 26.1 28 12.3 25.4 26.3 32 35 Most of the changes relate to the accrual of leave time based on an average eight hour working day and an average forty hour work week. The proposed change to article 32 is a technical adjustment relating to the federal Fair Labor Standards Act. It wiil allow police administration to set a work period from seven to twenty- eight days. Currently, with the eight hour shifts a twenty-six day work period works out best. However, with twelve hour shifts it appears that a twenty-eight day work period would be better. The language change,gives administration the flexibility to adopt a , work period appropriate to whatever'shift arrangement is chosen. . 1 _ ; 1 Memo to William W. Burns November 20, 1996 Page 2 Representatives of Law Enforcement Labor Services have reviewed the changes and have agreed to their adoption. Since the language changes do not involve any changes in wages or benefits and do not represent any increase in the cost to the City, I have not made out the.customa.ry Uniform Settlement Form. I request that you present this consideration at their meeting recommendation for approval. contract to the City Council for of November 25, 1996, with the c: David Sallman, Director of Public Safety Gary Lenzmeier, Deputy Director of Public Safety Herbert Zimmerman, Police Lieutenant Lisa McConnell, Human Resources/Public Information Technician Cyrus F. Smythe, Labor Relations Associates Frederic W. Knaak, City Attorney � ; y �i.Q2 RESOLIITION NO. - i996 A RESOLUTION APPROVING AND AUTHORIZING SIGNING AN AGREENIl�N'P ESTABLISHING WORItING CONDITIONS, WAGES AND HOIIRS OF POLICl3 OFFICERS OF THL CITY OF FRIDLEY POLICL DEPARTMSNT FOR THE YEARS 1996 AND 1997 WHEREAS, the Law Enforcement Labor Services, Inc., as bargaining representative of the Police Officers of the City of Fridley, has presented to the City of Fridley various requests relating to the working conditions, wages and hours of Police Officers of the Police Department of the City of Fridley; and WHEREAS, the City of Fridley has presented various requests to the Union and to the employees relating to working conditions, wages and hours of Police Officers of the Police Department of the City of Fridley; and � WHEREAS, representatives of the Union and .the City have met and negotiated regarding the requests of the Union and the City; and WHEREAS, agreement has now been reached between the representatives of the two parties on the proposed changes in the existing contract between the City and the Union; NOW, THEREFORE, BE. IT. RESOLVED that the City Council hereby approves said Agreement and that the Mayor and the City Manager are hereby authorized to execute the attached Agreement (Exhibit "A") relating to working conditions, wages and hours of Police Officers of the City of Fridley. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1996. ATTEST: 0 WILLIAM J. NEE - MAYOR WILLIAM A. CHAMPA - CITY CLERK 16.03 LABOR AGREEMENT BETWEEN THE CITY OF FRtDLEY ��1D LAW ENFORCEMENT LABOR SERVICES, INC. LOCAL NO. 119 199b AND 1997 , � G 16.04 �x�-�IBIT „�„ Lr�aoR ��ir,f��ir_;��1� BET��VEE� THE CTTY OF FRtDLEY AND LAW ENFORCEMENT LABOR SERViCES, INC. LOCAL NO. 1 i 9 1996 AND 1997 TABLE OF CONTENTS �FZTICLE PAGE 1_ Puzpose oiA�-eement ........---�-� ...................................................................... 1 2. Recobnition ...................................................................................... 1 �. I�efuutions 1 -��----...--��-� .........................................................................�----.......... 4. Einploye�- Security..--�-------------��-----...-----.................................._._..----....._.......... � 5_ Employer Authority ..........................................................�-�------....----..._..._..----• 3 6. U;iion Security ----• ..................... ......................_.......---......_.... � ........................... 7. Employee Rights - Grievance ProcedLU-e ................................................................... 4 8. Savings Ciause ---------------------•--...------......_.............---.........................._.............. � 9. Seniority-----------------------------------------•-----.._....._......_._....---............_........----•--�--•�-- 6 1�_ Discipline ........................�--.......-----�-�-�-�--. _ ............. � - -� .......................��-------------• i l. Constitutional Protection 8 ................�-��-----...-�------...-----...................._......_.......... 12. Wor� Sclieclules 8 --�----� ................................................................:...................... Ii. �)1'et�llll� g ........................................•--........................•-•--....._............._..-•••--•...... 14. Coi�it 7'in�e 9 ....................................................................................................... 3 16.05 . �IZTrc�r ..................�-�-�- --....__....�'AGL 15. Call f3ack "l�isne ,.._.._. 9 _._.._..---�� ...............................�•---.........--�-�--...------�----�--�- 16. Working out of Classificatio« ...................................... --.----......... 9 .................... i7. Insiu�ice .............................................�- 9 ................................................�--....._.. 18. Standby Pay ........................ .... 9 ....-�---..._...--� ..........................�-----�------...._..._..----� 19. Unifoi7ns _..---- ..10 -••-•--� ......................................................................................... 20. P.O.S.T. Training-------------��---�---•-------�--................----------•--------------...._......_....... i0 21. LongevityandEducaricmalIncentive ...................... _._._...i0 ................................. 22. Wage Rates .-�• ............................................. .--��-�----� l i �-••-�----------------------------------� 23_ Legal Defense ......................... .--.._........---...-�---.......11 -� ........................................ 24. Probationary Periods _.._.__._ - 1? .............................................................-----........._.... 25. Annual Leave _., ................................................................��-�------...._..........._._...12 2b. Holidays __.....,... �4 --�--� ........................................��---•�-�---................._......-�---._.._._.. 27_ Short Teim Disability ......:.............................................................:..................14 28. Funeral Pay ....-�--� .............................................................................................1� 29. Jtuy Pay ................ .................................... ............... 1� . ........................................ 30. Coinpensatory Ti�le..__.. l� ................................................................................... 3l. Employee Education Program .......................................................................... 15 32. Pay for Invesrigatoi-s o�- Detectives ................................................................... 1G 33. BMS Case No. 85-P�t-486-A, Issue 8......-----• .............•--..._ 17 34. Waiver .............. ..........................._........---.............---........._...._...._...........-----...._ 17 3�. Durahc�n -,-.---.. 1 i ......................................................................�---...._..........._....... . 4 � 6.06 �� z,n aoR �c�EENa E��c BE I'WEEN CITY OF FRIDLEY AND LAW ENFORCEMENT LABOR SERVICES, INC. LOCAL NO. 119 Article 1. Purpose of Agreement This Agreement is entered into between the Ciry of Fridley, hereinafter called the_ E�nployer, and Law Enforcement Labor Se�vices, inc., hereinafter called the Utuon. . lt is the intent and �iupose of tllis Ab �eement to: L 1 Establish procedi.u-es for the resolution of disputes concerning ttus A�-eement's uiteipretation aud/or appiication; and 12 Place ui w��itteri fornl the puties' agreement upon terms and conditions of employment for the dw-arion of this Agreement. Articie 2. Itecognition Z_ 1 The Employer reco�izes th� Union as the exclusive representative, under Muinesota Statutes, Section 179A.03, subdivision 8, for a11 poiice personnel in the following job classifications: 1 _ Police Officer 2. Police Coiporal 2.2 �i the event t�ie Employer and the Union are unalile to agree as to the inciusioii or exclusion of a iiew or modified job class, the issue shall Ue submitted to the Bureau of Mediation Setvices for deteimination. .�rtic(e 3. Definitions 3.1 Ut�iott � Law Enforceiiiesit Labor �eivices, I�ic_ • - � is.o7- �.2 Union %�Iember A niember of the Law Enforcement LaUor Services, Inc. 3 _ 3 EinploYee A metnber of the exclusively recognized bargaining unit. 3.4 Deparhnent The Fridley Police Department. 3.� Emplo,�er Tl�e Ciiy of Fridley. 3.6 Chief Tl�e Public Safety Di;-ector of the F�-idley f'olice Department. �.7 Union Officer Officer elected or appointed by the Law Enforcement Laboi- Seivices, Inc. � . 8 l�ivesti�atorll�etective An employee specifically assi�med o�� classified by the Employea- to the job classificatioti ancUor job posirion of I�ivestigatoi/Detecrive. 3.9 Oveifime Woi-k peifoinled at the express authoiizaiion of d�e Employer u� excess of the Employee's scheduled shift. 3.10 Sciieduled Shift A consecutive work period inciuding rest breaks and a lu�ich break. 3_ 11 Rest Breaks �'eriods dut-ii�g d�e sch�d�i(ed si�ift diiring �vhict� t��e Eii��ioyee ��ernaius on continual duty and is res�onsible for assigned duties. , . 2 � �.�8 � 3. (2 Lurzch Break A period dw-ing the scheduied shift during wliich the Employee reinains on continual duty and is responsible for assigned duties. 3. i i Stt�ke Concerted action in failing to report for duty, ttie willful absence from one's position, the stoppage of work, slow-down, or abstinence in whole or in part from the full, faithful and proper performance of ti�e duties of employment for the putposes of inducing, in#luencing or coercing a change in the condirions or compensation or the rights, privileges or obligations of emptoyment. Arficie 4. Empioyer Security The Union agrees that during the life of this Agreement that the Union will not cause, encourage, participate in or support any snike, slow-down or other inteiruption of or inteiferei�ce with the notmal functions of the Employer_ Article j. Emptoyer Authoi-ity �.l The Employer retains the full and wireshicted iight to operate and manage ali manpower, facilities, and equipment; to estabiish funcrions and programs; to set and acizend budgets; to detet7nine the utilization of tectuiology; to establish and modify the organiza.tional structure; to select, d'u-ect, and dete�mine. the number of personnel; to establish work schedules, and to perform any inherent managerial function not s�ecifically limited by this Agreemezit. �.? Any teim and condition of employment i�ot specifically established or mod�ed by this A�-eement shail remain solely within the discrerion of the Employer #o modify, establis��, or elitninate. Articie 6. Union Security 6.1 Tlie Employer shall deduct fi-om the wages of einployees who authorize such a deducrion in writing an aniount necessary to cover montlily Union dues. Such moiues stiall Ue remitted as du-ected by the Union 6.2 The Union may designa#e employees fi-oin ihe b��ainin� iuut to act as a steward and an altei�iate and shall infonn the Emplc�yer in �vriting of sucl� ck�oice and chan�es in the {�ositio►i of steward and/or aitelnate. E.3 Tlie Employel- shall inake space availal�le oii the ernployee bulleti�� board for �ostuig Unio�� notice(s) and announceinent�s). 3 16.09 6.4 Tt�e Unioti ��rees to iitden�njfy and hold the Em��ioyer i�ain�iess agai;�st any and ali claims, suits, o��d�rs, or judgments brought or issued against tlle Empioyer as a result of atay action ta�:eu or iiot taken by the Employer unde�- tlle �x-ovisioi3s of tius Article. Article 7. Em�loyee Rights - Grievance Procedure 7. i Definition bf a Grievance A grievance is defined as a dispute or disagreement as to the inteipretation or application of the specific tetms and conditions of this A�•eement. 7.2 Union Repiesentatives The Employer will recog�vze Representatives designated by tlie Uill011 as the �-ievance iepresentarives of the bargaining unit ha�ring the duries and responsibilities established by this Article: The Union sha11 notify the Emplayei- in 1�riting of die names of such Union Representatives and of their successors whe�i so designated as provided by Secrion 62 of this Agreement. 7.3 Processin� of a Gi�ievance It is recogzuzed and accepted by the Uiuon ac�ci the Employer tltat the p�-ocessing of gT-ievances as hereinafte�- provided is lunited by the job duties and responsibiiities of the Employees and shall therefore be accomplished during r�oimal warking hours only when consistent w-ith such Employee duties and responsibilities. The ag�-ieved Employee and a IJnion Representative shall be allowed a reasonable amount .of time without loss in pay when a grievance is invesrigated and presenfed to the Emplflyer during normal woi-king hours provided that the Employee and the Union Representative have notified and received the approval of the designated supervisor who has deteimined that such absence is reasonal�te and would not be detrimentai to the work programs of the Employer. 7.4 Procedure Grievuices, as defi;�ed by Secrion 7_ l, shall be resoived in confoimance widl tlie following procediu-e: St� 1. An Enlployee claimuig a violarion concerning t�ie uiteipretation or application of this A�n-eemeiit shall, within tweniy-one {21) caiendar days after such alleged violation has occutred, presei�t such �-ievance to the Employee's supervisor as designated by the Ernployer. Tlie Employer-designated representafiive will discuss and give an ails�ver to sucl� Step 1 giievance vvithin ten {10) caiendar days aftei- receipt. A b-ievance not resolved in Step 1 and a�pealed to Step 2 s1ia11 be placed in vv�-iting setting forth #��e nahu-e of the �ievance, die facts on which it is based, the ��rovisiori or provisions of tlie A��eement allegedly violated, the remedy �-equested, and shall l�e a��peaied to Step 4 16.�0 _ ? t�-ithin ten (10) calendar days aftei- t}�e E1nployer-desi�t�ated �-e��resetitative's fn�al az�swer in Step 1_�ny grievance not appeaied in wiiring to Step 2 by the Union witl�� ten (10) calezidar days sha(i be considered waive<i. Ste� 2. If appealed, the written grievance shall be presented by the Union and discussed with the Employer-designated Step 2 representative. The Etnployer-designated representarive sha11 give the Clnion the Empioyer's answer in writing within ten (10) calenda.r days af�er receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appeaied to Step 3 within ten (10) calendar days foliowing the Fanployer - designated representative's final answer in Step 2. Any grievance not appealed in «�-iting to Step 3 by the Union within ten (10) calendar days shall be considered ��aived. SteP ?a- If the �ievarice is not resolved at Step 2 of flie gz�evance procedure, the parties, by mutual agreement, may submit the matter to mediarion with the BLU-eau of Mediation Se�vices. Subtnitting the g��eva�ice to mediation preserves tuneliness for Step 3 of the �7evance �rocediue. Any �-ievance not appealed in writing to Step 3 by the Union �vith�n ten (10j calendar days of inediation shall be considered waived. Ste� ;. A�ievance uiuesolved in Step 2 or Step 2a and ap�ealed to Step 3 t�y the Uiuon shali be submitted to arbiti�ation subject to the provisions of the Public Employment'Lat�or. Relations Act of 1�71 as amended. The selection of an arbitrator shall be �nade in accordance wit�i t�ie "Rules Goveining the Arbit�arion of Grievances" as established Uy the Bi,u-eau of Mediation Services. 7_� :�rbih�ator's Autho�7ty a_ The arbihator shall have no right to amend, modify, nullify, ignore, add to, or suvtract from the terms and conditions of this Agreement.- The arbitrator shall consider and decide only the specific issue(s) subinitted iri writing by the Employer and tlie Union, and shall have no autilority to make a decision on uly other issue not so submitted. b. The a�bit�ator sliall be without power to make decisions conrrary to, or incoiisistent with; or modifying or vazying i�� any way tt�e applicarion of laws, ri�les, or regulations izaving the force arid effect of law. The arbitrato�'s decision shail be subinitted iii wiitvig witliiii tl�uiy (�0) days follo��ing close of tlie �ie<u-ing or the submission of bl-iefs vy tlie parties, whichever be later, u��less tl�e ��aities a�ee to an extension The decision sl��}i be bintling on botll tt�e E�iipioyer and fl�e Uiuon �nd shall be based soleiy oii the ai�bitrator's 5 16:11 iritei-��retation oi- applicarion of the expz�ess te�7a�s c�f ttais .-��reeiilent aiid to t�ie facts vf tt�e �,n-ieva�ice presented. . c. The fees and expenses for the arbitirator's services and proceedings shall be borne equally by the Employer and the Union provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record #o be made, provicling it pays for the record if both parries desire a verbatim record of the proceedings the cost shall be sliared equally. 7.6 Waiver If a�-ievance is not presented within the rime limits .se� foith above, it shatl be considered "waived." If a grievance is not appealed to the ne�t step within the specified tune limit or any agreed e�ctension thereof, it shail- l�e considered settled on the basis of the Empioyer's last answer. If ihe Empioyer does ��ot ans�c�er a�ievance or an appeal tliereof within the specified ti�ne limits, the Union may elect to treat the grievance as denied at that step and immediately appeal the m-ievance to the ne� step. The time linlit ui each step may be extended l�y mutual tivriften a�eement of the Employei- and the t,Tnion in each step. Articte 8. Savings Ciause This A�-eement is subject to the laws of the United States, the State of Minnesota and the City of Fiidley. In the event any provision of this A�-eeizient sliall be held to be contl�aty to law by a cotut of competent jw�sdiction from wliose fuial juci�ment or decree no appeal has been taken vcnthin the time provided, such provisions sha11- be voided. All other provisions of this Agreement shall contirnie in full force artd effect. The voided provision may be renegotiated at the wc-itten i-eq�zest of eithei- party. Article 9. Seniority 9.1 Senioiity shall lie deteimuied liy the employee's length of conri�iuous employment with the Police Depazlment and posted in an appropriate locarian. Seiuority rosters may l�e maintained by the Chief on the basis of tiine in �-ade and tiTije within specific classifications. 9.2 During tl�e probariona.iy period, a newiy hired or ;�ehu-ed einployee �nay be disciiarged at the sole discretion of the Employer. During the probationary periorl a promoted or reassigned einployee may be replaced in his pi-evious positioii at t�ie sole disci-etion of Yhe E�n�loyer. 9. � fl reductio�� of work farce will be accamplished oii the bass5 c3t ;er3ao�aty. Emplo}�ees� slaaIl be recallecl from� layoff ari tite �asis of se�aio�-ity�. A3� ei��ptoyee oii layoff sliall l�ave an o��ortunity to retui7i to work �uithii� two years of tl�e tir�ae of l�is layoff �efore any new em{�toyee is hired. 16.12 9.4 Ser�io�� eniployees evill be given preference with regai-d to �r��nsrer, ,job classification assi��t�ients anci proniotions when the job-relevant c�ualifications c�f empioyees are equal_ 9.5 Senior qualified employees shall be given shift assignments prefe��ence after eighteen (18) months of continuous full-time employment. 9.6 One continuous scheduled annual leave period shall be se(ected on the basis of seniority uutil March lst of each caiendar year. After Ma.rch ist, scheduled annual leave shali be on a first come first served basis. 9.7 Employees shall lose their Senioiity for the following reasotis: a_ Dischai-ge, if not reversed; b. Resi�,marion; c. Unexcused faallu�e to return to work after expiration of a vacation or formal leave of absence. Events beyond the control of the employee .which prevent the employee froin returning to work will not cause loss of seiuoiity; cl. Retil-eiiient. :�rtic(e 10. Disci�tine 10.1 �'he Empioyer vvitl discipline employees for just cause oi�y. Discipline will be in one or ri�ore of the following forms: a. oral repriinand; I�. written ;-eprimand; . c. suspensiou; d_ demotion: or e. discharge. 10.2 S�ispensiotis, demotions and discharges will be in written foim. 10_3 Written repi-imands, notices of suspension, and notices of discharge which are to become part of an employee's personnel file shail be z-ead and acknowledged by si�iature of the employee. Employees and die Union will receive a copy of such repi-im�ids and/or notices. 10.4 Erziployees inay exainine theu� own individiial perso«nel files at reasoriabie riines ui�der the ��iirect supervisiot� of the Employer. 10.� Discl�ai��es wi11 i�e preceded by ��° �{` a°•� si�spei�sion withour pay for foi� (40) re�ularlv scheduied ��orkin r�tiours unless othenvise requireti i�y lZw. � 16:13 . iO.G Ernployees will not be questioned concerning an invesrigatioc� of discipl'uiary actioti unless the employee has been given an opportunity to liave a UNION representarive present at such quesrionuig. i0_7 Grievances relating to this Article shali be initiated by the Union in Step 2 of the gi-ievance procedure under .Article VII. Artic(e 11. Constitutional Protection Employees shall have the rights granted to all cirizens by the United States and Niinnesota State Consriturions. !�rticle 12. Work S�hedufes 12_ l The notmal work year is an av�rage forry (40j hour work week for full time employees � to be accounted for by each employee tiirough: a. hours worked on assigned shifts; t�_ lioiidays; c. assibmed t�-aining; d. authoi7zed leave time. � 12.2 Nothing contained in this or any othei� Article shall be interpreted to be a guarantee of a minimum or maximum number of hours the Employer may assign employees_ Article 13. Overtime 13. i Employees will be compensated at one and one-half (i-1(2) times t��e einployee's ` regular base pay rate for hours worked in excess of the employee's regulariy scheduled " shift. Changes of shifts do not qualify an employee for overtime under this A��ticle. 13.2 Qvertinle will be dish-ibuted as enually as pr�cticable. 13.3 Overtime refused by emplayees will for record puiposes under Article 13.2 be considered as unpaid overtime worked. 13.4 For the pu�pose of computulg ovettilne compe��satioi� ovei�ulie hoiu�s worked sha(1 iiot Ue pyra�Y�ided, cocnpounded or ��id twice foc- the sa��e liout-s wo�-ked. i3.5 Overtiine wili be calculated to t1�e nearest fifteei� (l�) inii�utes. 13_6 E�nployees have the obligarion to v�+oi�k 'overtime or call backs if requested by t��e Em��loyei- uniess unusuai circumstances prevec�t the employee froiii sc� wo�•ki��g: n � 16.14 � � �rticle 14. Court Time Aii employee who is required to appea�- in Coi,u-t du�ing his scheduled off duty . time shal( receive a minimtun of three (3) iiours' pay at one and one-half {1-1/2) times the employee's base pay rate. An extension or early report to a regularly schedule.d shift for Court appearance does not qualify the employee for the three (3) hour minimum. Article 15. Call Back �me An empioyee who is called to duty di.uin� the employee's scheduled off-duty time shati receive a minimum of two (2) hours' pay at one and one-half ( i-1 /2) times flie employee's base pay rate. An extension or early report to a regulariy scheduled shift for duty does not qualify the emplayee for the two (2) hour minitnum. A,rtide i6. Working out of Classificatioit Employees assigned by the Employer to assume the full responsibiliries and authority of a l�igher job classification sha11 receive flie saiary schedule of the higher classification for the duration of the assignment. Articie 17. Insurance 17.1 The Employer vvill contiibute up to a m�unum of t1u-ee hundred forty-five dollars ($345.00) per month per empioyee toward healtl�, life and long-term disability i�isiu-ance, in accordance with the Employer's flexi�ie benefit plan, foc- employees choosing dependent coverage for calendar year 1995. � i 7.2 The Employer wili contribute up to a n�a�num of two hundred ten dollars ($210.00} per month per employee toward health life and long-teim disability inswance; in accordance with the Employei's flexivle benefit plan, for employees choosing single cover�ge for calendar year 1995_ 17.3 By mutual agreement each employee may use up to fifteen doll�rs ($15.00) per month of health insurance dollars in 17.1 and 17.2 for group dental insurance offered through the city, in accordance with the Einployer's fle�cible benefit plan_ 17.4 The Employer will �rovide group teini iife insurance with a maximum of $25,000 pei- Employee and additionai accidental dea�i and disability insurance with a maximum of $25,000 per Employee. Provided that the total City cost for all uisurance premiums does not exceed the amount set forth in tlus Article. .-4,rticle 18. Standb�� Pav Et�l�ioyees required i�y the Em��loyer to standby shall be paici for sucti standby time at the rate of orte hout's pay for eacll l�our on standby. __ y 16.15 Articic 19. Uniforms I'lie Ezi�}�loyei- stiali provide renuired uiufo��n aad ec�tii��me�it iteitas. Articie 20. P.O.S.T. Training The City shall assi�m training at City expense for Police Officers to complete 48 hours of P.�_S.T. Board approved education during eacli three year licensing period. Article 21. Longevity and Educationai Incentive Effective .Iuly i, 1978, the following terms and condirions are ef�ective, except that employees hu-ed after Janua.ty 1, 1987, shall not be eligibie for educational incentive. 21.1 After four (4) yeai-s of continuous employrnent each employee shall choose to lie paid thi-ee percent (3°/a) of the employee's base rate or supplementary pay based on educational credits as outlined in 21.6 of this Article. 21.2 After eig}it (8) yeais of continuous employment each employee shall choose to be paid supplementary pay of five percent (5%) of ti�e employee's base rate or supplementaiy pay based on educational ci-edits as outlined 'ui 21.6 of t�us Article. 2i.3 After twelve (12) yea�-s of coi�tinuous employment each employee shall choose to be paid supplementaty pay of seven percent (7%) of the employee's base rate or suppiementaty pay based on educational credits as oirtlined in 21.6 of dus Article. 21.4 A.fter sixteen (i6) years of continuous empioyment each employee shall choose to l�e` paid supplementaiy pay of nine percent (9%j of the employee`s base rate or supplementaty pay based on educationai c�-edits as outlined in 21.b of this Article. 2 L� Employees tnay choose supplementary pay either for lenbth of service or for educational credits uo more often than once every tt�elve (12) months. 21_6 Supplementaiy pay based on educational credits will be paid to employees after twelve (12j months of conrinuous employment at the rate of. Educational Ci-edits stated in Percentage Pay teims of college quarter credits increment 45 - 89 90 - 134 13� - l79 J %o 5% 7o�a 180 or more � � 9% 10 16.16 Not all coui-ses are to be eligible for cc-edit. Coui-ses ►-eceiviiig qualifying credits iiiust be jo� i-elated_ (Thus, a 4 yeai- de��ree is Tiot automatically 180 credits -- or a 2 year certificate is not automalically 90 credits_) Job-related courses plus those formally required to enter sueh courses sha11 be counted. If Principles of Psychology (8 credits) is required before taking Psychology of Police Work {3 credits), cornpletion of these courses would yieid a tvtal of 1 i qua.iifying credits, C.E.U.'s (Continiung Education Units) in job-related seminars, short cowses, institutes, ete. shail also be counted. The Employer shall deternune which courses are job related. Disputes are grievable based on the criteria ouflined in the award of Minnesota Bureau of Mediation Services Case No. 78-PN-370-A. Article 22. Wage Rates 22. i The following hourly wage rates will apply for 1995: Start......................................... $ (2.99 After Six Months $ I3.98 • ....................... After One Year $15.97 .......................... Afte�- Two Yeu-s $17.95 ... ..................... After Tl�ree Years $ l 9.94 .. . ................... 22.2 Employees classified or assi�mied Uy the Employer to the following job classifications or positions will receive one hundred fifty-five dollars ($155.00) pei- month or one hundred fifty-five dolla;-s (�1�5_00) pro-rated for less than a full month �n addirion to tlleu regular wage rate: Invesiigator �detective) School Resource Officer Juvenile Officer Dog Handler Paramedic 22.3 Employees classified by the Employer to the following job classification will receive two hundred five dollars {$205.00) per month or two hundred five dollars ($20�:00) pro-rated for less than a fiill month in addition to their regular wage rate: Corporal Article 23. Legal Defense 2>. l Employees ir�volved i�3 iiti�ation because of p�-oven ��egligence, or non-obse�-vance, or n�n-observa�zce of laws, e�i- of a personal nahu-e, niay not receive legal defense by the n�t�i�icipalzty. 23.2 Any employee who is cliarged with a h-affic ��iolation, ordinance vioiation oa• ci-iminai o.ffense arising.fi-om acls petfoizned within tlie scope of his employment, wheti sucli �l 16.17 f � a�t is �erf�izi�ed in �ooci faitt� aild under direct order of l�is su��ervisor, sliali be reilnbz�rsed fo�� attorrzey's fees and court costs achially iria�n-ed i�y such employee in defendii�g a�ai�lst suct� ci�v-ge. - � 23.3 Ernployer �vill provide protecrion for all Employees agail�st false acTest chaiges. Article 24. Probationarv Periods All newly hired or rel�i�-ed employees will serve a twelve (12} months probationary period. Article 25. Annual l�eave 25.1 Each Employee st�a�l be entitied to anrivai leave away from employment with pay. Emplovees shall accrue annual leave based on an avera�e eight (8� hour work day. Annual leave may be used for scl�eduied or emergency absences fi-om employment. Aruival leave pay shall be computed at the regular rate of pay to which such an employee is entitled; provided, however, that the amount of any compe�sation shall be reduced by the payment received vy the empioyee from workers' compensation insurance, Public Employees Retu-ement Associarion disability insurance, or Social Sectu-iry disabi{ity insurance. An Ernployee's accumulation of annual ieave will be i-educed only by t�ie a�nount of annual leave for wluch the Employee received compensariori. 25.2 Senioc7ty shall apply on scheduled annuai lea.ve up to March lst of each year. After Marcli i st, schettuled annual ieave shail l�e on a fust coine, first seive basis. 25.3 A begiruiing employee shali accrue annualleave at the rate of eighteen { 18) days 144 hours per year for the first seven (7) years (84 successive manths)_ An employee wh� has worked seven {7) yeacs {84 successive months) sha11 accrue atulual leave at the rate of h�venty-four (24) days 192 hours per year, begimiing with the eighty�-fifth (85th) mot�th of successive employment_ An employee who has worked fifteen (15) years (180 successive months} shall accrue annual leave at the rate of twenty-six (25) days 208 hours per year, beginning with the orie hundred eighty-first (18 ist) �nonth of successive employment. These rates az-e based oii a foi-ty hoiu- re�ular wark week. The actuai amount creclited to an einployee ir� any given pay period shall be proa-ated according to the actuai muu�er of reguiar hoiu-s worked di.uing that pay pe�-iod Hours worked o�i ovettune, callback, or star�dby shail not enter into the calculation of tl�e acccual of annual leave. 2�.4 f or an employee hu�ed on or after Janua.iy i, 198�: `l�lie maximum total acci�mularion of annual leave at the end of any given year shall Ue thiri�j (;0) days 24q hou�s . 1� �s.�$.�� Once a yea�-, at a time desi��ated �y the City, an employee w(ic� l�as con�pleted seveti (7) years of service with the City will have tl�e o�poi-t�anity to eYChaii�e up to three (3) days 24 hours of accumulated annual ieave for cash. At the sanie time, a�i employee who has completed fifteen {15) years of service with the City v��ili have die opportwiity to exchange up to five days 40 hours of accumulated annual leave for cash: 25.5 For an employee hired before January 1, 1984: Vacation acciued but unused as of December 3 i, 1983, sha11 be converted to annaal leave at the rate of one (1) day annual leave for one (1) day of vacation. Accrued but unused sick leave as of December 31, 1983, shall be converted to annual leave according to the following schedule. a. 1st 45 days @ 1 da.y of annual Ieave for 1 dayof sick leave b. 2nd 45 days @ 1 day of annual leave for 2 days of sick leave c. Remainder @ 1 day of aruival leave for 3 days of sick leave In lieu of severance pay, one hour of annualleave shall be credited for each fiill mondi of employment up to a rnaximum of two hundred forry (240) hours. The total amount of annual leave credited to the employee's Uaiance as of January 1, 1984, shall be equal to accrued but unused vacarion plus accrued but unused sick leave converted according to the formula al�ove plus the amount in lieu of severance pay. If upon conversion to the annual leave plan an employee's accumularion of aruival leave exceeds thirty (30) days (240 hoiu�s), that amoiu�t shail be the maximu� total accumulation (cap) for that employee at the end of any subsequent year. Once a year, at a time designated by the City, an employee wiil have the opport�uuty to exchange up to five (5) days �k0 hours . of accumulated annual leave for cash In addition, once a year at a rime designated by the City, an em�ioyee with an accumulation of annua.l leave in excess of fliirty (30) days (240 hours� will have the opportunity to exchange up to five {5) days 40 how�s of annual leave for cash. Such an exchange shall reduce the maximum total accumulation (cap} of an employee by an ec�ual amount. An Employee who wishes to take adva��tage of tiie catch-up provision of the I.C.M.A. Retii-ement Coiporation may exchange as marzy days as desired foi- cash under t�ie folio«ring condirions: � a. Tl�e Ern�lo}�ee's cap is reducecl U_y the nulnber of days exchan�ed. v. Iii nc� case may the cap be reduced belo�v thiily (30) days (240 hours�. 13 16.19 c. An Employee taking advantage of this provision must file the appropriate foims for the payroll division of the Finance Department and the I.C.M.A. Retirement Coiporation. 25.6 Upon separation from employment with the City, an employee will be paid one (1) day's salary for each day of accrued annualleave remaining in the employee's balance. Articte 26. Hotidays 26.1 Employees will �ese�ve accrue eigt, it !8) hours of holiday leave for each of eleven (11) holidays in a calendar xear. 26.2 In addition to the eleven (11) holidays, Employees assigned to the Patrol Division shall be paid at one and one-half (1-1/2) times their base rate of pay for all hours worked on the actual holiday between the hours of midnight and midnight. � 26.3 Emplovees, with approval, mav use accumulated Holiday leave time in any hourly increment the em�lo_yee chooses. Article 27. Short Term Disability 27.1 Calcularion of the short-term disabilitv benefit shall be based on an avera e ei ng�t (8� hour work dav. Each employee who has successfully completed the employee's probationary period shall be eligible for tihe short teml disability benefit. Such an employee shall be entifled to full pay commencing on the twenty-first (2lst) consecurive working day on which the employee is absent (after absence for 160 consecutive regularlv scheduled workin h� oursl due to a physician-eertified illness or. injury off the job, and continuing until the employee retiuns to work able to cany out the full duties and responsibilities of the employee's position or through the one hundred and tenth (110th) worlcing day (880�' re alarlv scheduled workin� hour� of absence, whichever occurs first. Such an employee shall also be entitled to ful.l pay commencing on the eleventh (l lth) consecutive working da.y on which the employee is absent (after absence for 80 consecutive re ularly scheduled workin� hours� due to a physician-certified iliness or injury on the job and continuing until the employee returns to work able to ca.iry out the duties and responsibilities of the employee's posirion or through the one hundredth (100th) working day (800`�' re ularly scheduled workin� hour) oi absence, whichever occurs first. The amount of any compensation for the short teim disability benefit sha11 be reduced by any payment received by the disabled employee fi-om workers' compensation insurance, Public Employees Retirement Association disability insurance, or Social Security disability insurance. Payment of short term disability benefit by the City to an employee shall not exceed ninety (90) working days �720 working hours� for any single illness or injiuy, regardless of the number and spacing of episodes. The annual leave balance of an employee receiving short term disability benefit shall not be reduced, nor shall such employee accrue annual leave during that period. 14 �s.2o 27.2 Before any short term disability payments are made by the City to an empioyee, the City may request and is entided to receive a certificate signed by a competent physician or other medical attendant certifying to the fact that the entire absence was, in fact, due to the illness or injury and not otherwise. The City also reserves the right to have an exaxnination made at any time of any employee claimuig payment under the short terrn disability benefit Such examination may be made on behalf of the City by any competent person designated by the City when the City deems the same to be reasonably necessary to veiify the illness or injury claimed. 27.3 If an employee hired before January 1, 1984, has received payments under the injury-on-duty provisions of previous contracts, the number of days for which payment was 'received will be deducted from the number of days of eligibility for coverage under short term disabiliiy for that same mjury. Article 28. Funeral Pay Funeralleave will be granted to full time employees up to a maximum of ��e-�}s twentv -four (24) scheduled hours. Funeral leave is granted in case of deaths occurring in the immediate family. For tlus purpose immediate family is considered to be a spouse, child, parent, grandparent, brother or sister, mother-in-law and father-in-law. Articie 29. Jury Pay It shall be understood and agreed that the City shall pay all regular fu11 time employees serving on any jury the difference in salary between jury pay and the employee's regular salary or pay while in such service. Article 30. Compensatory Time Management reserves the right to approve compensatory time in lieu of overtime pay. Compensatory time shall not be accumulated in excess of twenty-four (24) hours, and must be used within the calendar year in which it was accumulated as determined by the employer. Article 31. Employee Education Program 31.1 The City will pay certain expenses for certain education courses based on the following criteria. a. The training course must have relevance to the employees' present or anticipated career responsibilities. Attendance shall be at a City approved institution. The course must be appraved by the Department Manager. b. Financial assistance will be extended only to courses offered by an accredited institution. This includes vocational schools, Minnesota School of Business, etc. 15 � 6.2 y 3i.2 I'ro�n�ams f�inanciall'olicti� Finai�ciat assistance �iot to exceed the �unoui�t oi� r�v�o tliousand two hundred fifly ddlars (�2,250.00) per Ecnployee per year will be extei�cied to cover t�ie cost of tuirion, required books or educational materials, and required fees related to the course. Charges for student union memberslup, student l�ealth coverage and other charges for which the student receives some item or services other than actual instcucrion will not be paid. The City will pay 50% of the cost of tiairion in advance of the employee's actua.l participation in the course and the employee shall pay 50% of ttie cost. L'pon successful compietion of the course, an e��lp(oyee will be required to present to liis Depa�-tment Head a certification of satisfactory work. Sarisfaetory work is defined as folic�ws: a. In courses issuing a letter grade, a C or above is reRuired. b. tn courses issuing a uumerical ��-ade, 70°10 or above is i�equi�-ed. c. Iti cow-ses not issuing a grade, a ceitification fro;n t�ie ins�uctor that the student sarisfactoi-ily participated in the activities of the course is required. 31.3 If tt�e Ern�loyee sarisfactoi7ly completes the coiu-se, die Ernployee will be i•eunbiu-sed fo;- tlle addirional fifty percent (50°/a) of the tuition cost f�r wliicli the Employee obligated hitnself or herself in the approved application as well as for the cost of any coiu�se rec�uu-ed books, educarional mateiials of fees. lf the Employee fails to satisfactc�iily complete the course; the Employee ��ill not �e reimbursed for these costs. 31_4 The pro�am will not reimburse the Empioyee for the how-s the Employee spends in class, only for the tuition. 31.5 Expenses for ��hich the Employee is compensatec� under some othei- educarional or assistance pro� �am, such as tiie GI bill, will not Ue covei-ed. 31.6 The City will not pay tuition or other costs foi- those coi.u-ses whicli a��e used to make the Einployee eligible for additional salaiy. Article 32. Pay for Investigators or School Resource Officer Employees i-eceiving the one hundred fifty-five dollars ($15�.00) per montl� differential pay shall not be eli�ri�le for tlie overti�ne provisions of the cont��act appiicable to Poiice Officers, t�ut they sh�il be eligible to i�eceive o�fertime at time and one-hatf the Empioyee's reg��lai�base i�ate of pay if tiie E�n4�loyee is assigried by the Employer to 1��oi-k i�i excess ^� '�zZ��-��,��-i-�-=+ ?�r�# �� _��--�,-Qm-��;� ihe nuinber of hoi��s allowed 1iv tt�e Fair LaUc�r Staj�dards Act for the ti��or�k ��ei�od chosen by the Employer� in accorclat�ce ��ith t��e special ove�-tirtie execnptioi�s far ��iiblic safetv eri�plovees. lr 16.22 ftrticle 33. B�VIS Case No. 85-PN-486-A, Issue S "I'he City shall estab(ish a muumum of two months between eaci� shift ctian�;e in tt�e rotation Article 34. Waiver 34.1 Any and a.11 prior agreements, resolutions, practices, policies, niles and reguiations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this Agreement, are hereby superseded. 34.2 The �arties cnutually acknowledge that during the negotiarions which resulted in this. Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by law fi-om bargaini;ig. All agreements and understandings arrived at by die parties are set � foitli in writing in this Agreement for the stipulated duration of this Agreement. The Employer and the Union each voluntarily and unqualifiedly waives the iight to meet and negotiate regarding any and all terms and conditions of employmen� .referred to or covered in ttus Agreement or with respect to any term or conditioa of employ�nent not specifically refen�ed to or covered by this Agreement, even though such terms or conditions may not have been within the lrnowledge or contemplation of either or both of the pai�ties at the rinie this contract was negoriated or executed. Articte 3�. Duration Tliis A�n-eeme�lt shall be effective as of the first day oi January, �9�-� 1996, a�icl shall remait� in full farce and effect through the thu-ty-first day of December, �� 1997. In wimess whereo� die parties hereto have executed this Agreement on . this day of _ -�-�3�-5 1996. FOR CITY OF FRIDLEY �Villiam J. I�iee, Mayor Williain W. 13ui7is, City Manager FOR LAW ENFORCE1l�1ENT LABOR SE.RVICES, 1NC_ 17�ot�las Skelly, Business A�ent Kurt Morse, Stei��ard - , -, 16.23 1 l�ereby recoii�mend ap�roval of tl�is agreei��ent. Wiiliam C_ Huirt, Assistant to fihe City Manager David H. Sallman, Public Safety Director , ., L � 1s.24 � L CfIY OF FRIDLEY MEMORANDUM TO: The Honorable Mayor and City Council FROM: William W. Burns, City Manager r � DATE: November 21, 1996 SUBJECT: GIS Joint Powers Agreement William W. Burns City Manager f1t Monday night's Council meeting, I will be recommending that Council approve a Joint . Powers Agreement between the cities of Fridley, Andover and Columbia Heights that would establish a GIS Range Rider program. Under the concept of the Range Rider program, the three cities would hire a consultant who would work equally with each of the three cities toward the accomplishment of a number of tasks related to getting GIS set up and working in the three communities. The tasks are described in the attached letter dated August 1, 1996, and include: 1. 2. 3. 4. Data maintenance; Maintenance of a base map; Development of custom applications; and, Training. The three cities should each get approximately 17 weeks of work distributed throughout the year from the proposed Range Rider. The terms of the joint powers agreement are outlined in the attached memorandum. T'he agreement is for one year, and is renewable for additional terms if the venture proves to be successful. The governing board for the Joint Powers Agreement will be the city managers or their designees. The board will meet annually (on or before October 1 of 1997 and each succeeding year), to evaluate the program. We will share the costs of the program equally, _ ,; _. � 17.0`:1 Meino to City Council GIS Joint Powers Agreement November 21, 1996 Page Two and Columbia Heights has agreed to be the financial agent for the project. Andover has been doing the legal work for the project. In addition to coordinating the effort, Fridley prepared the RFP and solicited responses from six different consulting firms. The progra.m should be in operation by the first week in January, 1997. Staff recommends your approval of this GIS Joint Powers Agreement. � i� : Attachments 17.02 NOU-13 96 16:05 FROM: 755-9923 T0:612 571 128� PAGE=02 i1i13/96 � 16:47 LAW OFFiCES 2140 4TH Al1E � 755 8923 N0.3B4 D01 Gt5 ,JOINT PS?�(�.,Af'�� This Agreement is made and ante�ed i�to bY a�d between the City of A�dove�, e municipal co�pv�atio�, th. C�ty of Fridley, a municipal corpo�ation, and the City of Cotumbia Heights, a n�unlcipel co�poration. I. PARYIE3 ihe parties to this Agreem�nt a�e governmentat units of the State o1 neinnesota. Yhis Agreement is made pursuant to Minnesota Stat�nes, Section 471.59, as �me�ded. II. DEFINITIONS For the purpo�e of thls Agreement, the terms defined in thls anlcle have the meanings given to them. Section 1. "Orpenlzation" means the joint and cooperative orAanization created bv this Agreeme�t. Sectlo� 2. Section 3. Sectio� 4. 'eoard' means the board of dlrectors estsblished by Article V. 'Council° means the goveming body ot the go�►ernmental unii. 'Member" mea�s the vovemn�entel unit which heo entered i�to and become a pahty to this Agreement. S�ttio� 5. Section .6. "GIS' means geographic i�formation systems. "GIS Range Rider" mea�s the pe�so� or fi►m hired tc provide GIS technicaf assistance to the orggnlzatlon end lultlll the tasks .established I� Appe�dix A, °Request fo� Propo8818.' u 1 17.03 NOU-13 96 16:05 FROM: 755-8923 T0:612 571 1287 PAGE:03 i1i13�96 16:4? LAW OFFICES 2140 4TH AVE � 755 B923 N0.384 p02 Ifl. GENEfiAI PURPOSE Th� general purpose of thia Agreement i3 to establish an orga�izetion to coordinate efforts to provide G!S serviCe� to the member' �nd se�k joint tu�dine of a GIS Range Nide�. iv. scoPF oF woRx Tn�s organ�zation sha�� be responelbh ior urga�l�l�g end updeting detabeses fo� use with GIS softwere, updt�tin9 of G�S bsae maps, and ptoviding �ustom GIS applicationa based on the need of each of the members. Furth�mo�a, the arga�i2at+on shall provide varfouB forms tor tr�inl�p ot GIS us��s, devetop proposals that wlll �nabls indlvidual member8 to oe�k quot�s for various data gathering input to thel� respective GIS �ystems, and to enalyze GI5 harbware in each ol the rtiembe� citiea and the rend�ri�g ot edvice �eintivs to the netwo�king of ha�dwa�e in and among tho three cltia8. V. GOVERNlNG 80ARD The governing body of the organizatio� shall be a board consisting of three persons who shall be the ciry manage�/administrator or thei� aestpneea for each of the members. VI. MEETINGS' Section 1. eoard memb��s she� mset St least Once annually for the purpose 01 evaluating the work of 2he GIS Range Ride� as weJl $a defining the scope and cost ot work to be completed in the next calendar yea�. The Boa�d sha�i conduct a f , z 17.04 NOU-13 96 16:05 FROM� 755-8923 T0:612 571 128? PAGE:04 11i13/96 _ 16:47 LAW OFF(CES 2140 4TH A11E -� 755 8923 t�.384 D03 meeti�g o� o� befote October 1, 1997 ar �uch day �s they ag�es upon in succeeding yea�a, if thia Agreement ha� been extended by the porties pursuent to the prov;sions herQln. ' Section 2. The Board may m�ke such Cont�ects and ente� into such ag�eements as it deems necessary to meke eif0ctiv� any power g�a�ted by th;s agreement. n may contract with any ot It� memb�s or amers to provide space, senrices o� mate�isla on behalf of the o�ganization. Vil. OISTRi8tJT10N OF BENEFITS All benefrts of the GIS R�nge Ride� services are to be received equally by members of the organiYatiort. The GIS Ra�ge Ride� wiU ge�erally proceed toward accomplishment of items In hia/het scope of services in all the cities betore moving on to addiaonal iterns. TMe �!S Renge Ridei wi►I be a��able to meet with the representative of �ach of the three cities to discuss progress being msde on each of the items Ilst�d '+n the Scope of Servic�. Vlll. FINANCES Secti4n 1. Members i�end to fu�d the co�t of s Conttact with e GIS co�sultant fo� the perfo�manc• of tasks i�lentified unde� the 3cope oi 3ervices �qualty. Tho estin+sted coat of such contract is S40,000.00. Each c'rty �shall pay hs share, under thls ADreement. on a vuarterly basis be4inning on Ja�uary 1. 1997 and o� the fi�st day of each quarter tha�eafter. 3 17.05 NOU-13 96 16:05 FROM: 755-8923. T0:612 571 1287 PAGE:05 11/13!95 _ 16:47 LA4! OF�lCES 2140 dTH AVE � 755 8923 1�.384 D04 Sactio� a. The orgs�isation's funds may b0 oxpend�d by the eo�rd i� accordance with thts A�reemeM ln a manner determined bY the 8oa�d. The 8otard shaii desi�nete the City of Columbia Heights to act as depository fot the areanization's funds. The�e should be no atsDUrseme�t af organization funds trom the City of Col�mbie� H�ight� dapository account without tha writtan apptovel of st {east two boatd membera Section 3. The City of Columh�e Heights wil! receive im+aces from the consultant and pay the consultant on e ma�thly besia fa� his/her work in accordance with this Agreement. The City of Co�umbia Heights shan be re�ponsibie fo� maintenance of 8ny gra�t revenue uf uthe� revenues callcctcd hy th� autho�ity. Interest collect�d by funds on behalf of the autho�it�y shell be the oropertv ot th� authvrlty. Section 4. The eoa�d shaN make a fi�ancial accounting rdport to the membe�s at �east ance a year. 7'he books a�d reCOrd� of th� orgenlzetlon shau tsrr�in opsn and availabte for ir�speccion by mombefa a�t atl resaonable times. Sectio� 6. A� a�nual budgat cha�l be �optad by the 8oard at the organizatianai meeting �nd the annu6l m�eting each year. Copies of the bud�at shail be mai�ed p�ompNy ta the chie# administrative oifi� of each member. The budget is deemed approved by the membe�s except one who, tt sny t;me p�io� to tne annuat meeting, gives notice in wtiting to othe� members tnat he is withdrawing ftom the o�ganizeti�on. ' 4 17:06 NOU-13 96 16:05 FROM� 755-8923 T0:612 571 1287 PAGE:06 11i1,S/yb 1b:4'1 LHW C�FICES 2140 4TH AUE � 755 8923 N0.384 005 !X. INDEMNIPICATION Each member shaN fuliy indemnify and hold ha�mie9s the other me�ers again9t all claims, losset. damapes. liability, lawsuits, judgm�nts, cosu and ' expenses by reason of action or inaction of its employees assl�ned to the orgenlzation. The Ag�eernent to tndemnify and Hold Harmless does not constnute a waiver by any member ot limitations o� Nabiiity prov{�ed by Mlnr�sota Statutes, Chapter 466. x. DURATION This Agraement shalt take force a�d effect when all three members, li�ted in Pafagraph 1 of this Apreement, sig� it. All membe�s need not sign the same capy. This signed Agreeme�t shall be filed wltfi the Ciry Clerk In che Clty oi Andove�, who shal! notify all mem6e�s in writl�g af ita effective dete. Section 1. This Agteement shall term�natA on Deaember 31, 1997 unless extended by furthe� epreement ot tMe paRies. Section 2. This Aqreem�rrt can be te�minated at any tlme by the writte� agreement oi two-thl�ds (2/3) ot the boa�d membe�s. Section 3. Upon terminetlon of this A�raomenc, all property of th• o�flaniz�tion shall he sold ar di�tributed to the rtti�mhers in proponion to the conv(butlons of each member of this Agr�rnent. Section 4. Gove�nmenta! units wishing to become members afte� the � ; effectfve Qate of thls Agreement may be admitted only upon ihe favorabls vote ot I two-third9 (213) of the votes of the members of tho board. FinenCiel contributiOns - 8 17.07 � NOU-13 96 16:06 FROM: 755-8923 T0:612 571 1287 PAGE:07 11i1J/7b 1b:4'( LHW UF-F-tl,t� L'1410 41H HVt i'� �y� N0.3e4 D06 end respo�sib(lity ot any newly �dmitted mrmbe� shall be pro�ated to the dete of membership as dats�mined by the board. IN WITNESS WHEREOF, ihe unders�gned qovernmentel units, by action ot thelr governing bodies, have caused this Agreemeni to be exe�uted i� accardanae wlm the auihoricy ot Minnasota Stacutes, SeCtlO� 471.59. Approved by the City Councit CITY OF ANDOVER Approv�d by the City Councii , 199� ey . Title . Q�te of Sig�ature � 199 . 8 6Y T�tle Oat� of Signeture CITY OF FAIOLEY 8y rne Date of Sig��tute By Title Oate of Si�neture 17.08 NOU-13 96 16:06 FROM: 755-8923 T0:612 571 1287 PAGE:@8 11�13�96 16:�7 LA� �F[CES 2140 aTH �t1E � 755 8923 N0.384 D07 Approved by the C+ty Councit , 199_ 7 CiTY OF COtUM81A HEIGMTS BY Trtle Oate of Signature ey Titie DBtt oi Signature 17.09 SY ':sr' 'a'_S '.t-'�-.'.�4%;�' ,•� _ r4*�� , M • , FRIDLEl' MUNICIPAL CENI�ER • 6�3i UNIVERSITY AVE. \.E. I=RIDLEY. �•iN ii-i3? • 161?) i?l-3-3i0 • FAX (bl2} 571-12R7 August 1, 1996 Mr. Dick Fursman City of Andover 1685 Crosstown Blvd. N.W. Andover, MN 55304 Geiltlerr�en: Mr. Walter Fehst City of Columbia Hei�hts 590 - 40�h Avenue N.E. Columbia Heights; MN 55421 While we have had several informal telephone conversations regarding a cooperative ven±ure for establishing a GIS Range Rider program that would benefit the cities of Fridley, Columbia Heights and Andover, I would like to offer something in writing. As you are aware, staff frorri the three cities have met several times with 3etry Happel, a consultant from Plan Sight which is lacated in Stillwater. Mr. �iappel has prepared a sco�e of work that a GIS firm may :complete for us through the Range �Zider concept in 1997. The scope of work, as my staff interprets it, is as follows: 1. Data Mai�7tenance: : The Range Rider would be responsible for organizing our existing data bases and writing a manual to be used by staff to access information. There are several different data bases they would be dealing with, including existing GIS data bases, other data bases that are not linked to the GIS software, and county, state and naiional data bases that may or may not be capable of linking to GIS software. As they organize the data bases, they ��ould make sure that they are in a condition that conforms to state and national standards, so that they are easily transferrable to other cities. My staff indicated that this work represents more than an inventory ofdata bases and documenfs, it is the preparation of tlie documentation manual and the cleaning up of our data so that it can be used properly for GIS purposes. We would 17.10 Mc-. Dick Pursman Mr. Walter Fehst August 1, 1996 Page 2 also expect the Range Rider to work with Anoka County to facilitate the shared use of Anoka County data. Up to this point, Anoka County has not been very forthcoming in the sharing of information. 2. Maintenance o B�rse Map: The second major task that the Range Rider consultant would.perform is the maintenance of our base maps. We all have base maps in one form or another. The Ranger Rider would update th� base maps and check for accuracy. 3. Custom Ap�lications: This is the third area of work. Each city has different custom application needs. In Fridley's case, we would be interested in the development of a one-step mailing list, developing linkages between the Police Departinent's record � keeping system and the GIS system, and linking our rental insp�ction data base to the � G1S system. 4. ' Training:, The fourth area of responsibility for the consultant would be that of - training. Our staff would need to be trained in using .the custom applications, updating the base map, plotting, laying out maps, and analyzing u�formation by using ArcView. In Fridley's case, I would expect most of the training would apply to three areas: engineering, community development and police. Once staffin those �epartments are accustomed to using GIS, we will be expanding into other areas. 5. Scope ofServices Proposal: We would e�cpect the Range Rider to develop a scope of services proposal for data gathering and input to our various GIS systems. In particular, we think that they should provide the scope of services that will enable us to gather data related to water, sewer, storm se��ver, and street related information. We also may want to include data gathering related to private utilities. Another task thai may be out of sequence is the analysis of our existing hardware, and the provision of advice related to networking our hard�vare so that the various user departments can talk to t�le GIS system. It seems logical that this would occur before we begin training employees. 17.11 .�•-. . , Mr. Dick I� ursmar� Mr. Walter Pellst August 1, 1996 Page 3 Our initial cost for this work is estimated at $40,000. I would like to suggest that we divide it three ways, with each city contribu#ing $13,333. In the event that we are successful in obtaining grant money, that amount could be reduced. Also, if Fridley is successful in getting a criminal justice grant that will enable us to tie the Police Department soflware to the GIS system, we will gladiy share the benefits of that grant program with Andovex and Columbia Heights. � I believe that this Range Rider concept that we are considering is a worthwhile concept; however, it will only be successful if all of us are satisfied that �ve are getting an equal amount of the consultant's time. The consultant should be asked to keep careful records on the time that he spends in the various communities, and each community should get approximately 17 weeks of the consultant's time. It also makes sense to believe that rather than proceeding to work communifiy by community, the consultant would woric task by task, so that he/she is spending time in each community throughout the year. As the budgets axe prepared for 1997; I am hopeful that the requisite money has bee� budgeted for ne�ct year. In my case, I will be using money that has been budgeted f�r an in- house GIS technician. I would .like to suggest that as a group, we all confer with our respective counciis and determine whether or not the budgeting for a shared GIS Range Rider is something that we can agree to. If that is the case, I would like to have a legal agreement prepared that will contractually establish our organizational relationship. After you have had a chance to consider the proposal and consult �vith your city councils, please let me know if you ��ould like to proceed with this matter. " Sincerely, -�- ' � i -=; ��-i� William W. Burns City Manager WWB:rsc 17.12 � � CffY OF FRIDLEY TO: FROM: DATE: SUBJECT: MEMORANDUM Honorabie Mayor and City Council �/ �� /�' William W. Burns, City Manager �'�� August 23, 1996 Outline for Joint Powers Agreement Williarn W. .Bus-ns City Managcr - Please note the attached outline for a joint pawers agreement betweeh Fridley, Columbia Heights, and Andover for GIS services. i hope to discuss this with you o� Monday eveni.ng. Any suggestions for changes? Ifno� we will ask the Andover attorney to draft`a document based on these ideas. 'Thanks. WWB:ch . Attach. � , 17.13 --_� �'ERMS OF GIS JOINT POWERS AGREEMENT 1. Term of the Agreement: a. One year. b. Renewable by unanimous consent of inembership for additional terms. 2. Purpose of the Agreement: a. Joint provision of GIS services to three municipalities. b. Through joint funding of a GIS Range Rider. 3. Scope of the Work: a. Organizing and updating data bases for use with GIS software. b. Updating of GIS base maps. c. Provision of custom GIS applications based on needs of each of the three cities. ci. Provision of various forms of training for GIS users. e. Development of proposals that will enable individual cities to seek quotes for various data gather and input to our GIS systems. f. Analysis of GIS hardware in each of the cities and the rendering of advice relative to the networking of hardware within and among the three cities. 4. Governing Board: a. City managers or their designees for each of the three cities. b. Meet annually for purposes of evaluating the work of the Range Rider as weli as defining the scope and cost of work to be completed in the next calendar year. c. To meet on or before October l, 1997, and on the same date in succeeding years to which agreement has been extended. 17.14 5. Distribution of Benefits: a. Benefits of Range Rider services are to be received equally by the three cities. b. Range Rider will generally proceed toward accomplishment of items in his/her scope of services in a11 of the cities before moving on to additionai items. c. Range Rider will be available to meet with representatives of each of the three cities to discuss progress being made on each of the items listed in the scope of services. 6. Cost Sharing�, a. The three cities each agree to support one-third the cost of a$40,000 contract with a GIS consultant for performance of tasks identified under scope of services. b. One of the three cities shall act as the fmancial agent of the cities and shall collect each Cily's share of the contract cost on a quarterly basis beginning in January, 1997. c. The financial agent will receive invoices from the consultant and pay the consultant on a monthly basis for his/her work. d. The financial agent shall be responsible for maintenance of any grant revenue or other revenues collected by the authority. e. Interest on funds collected on behalf of the authority shall be the property of the authority. 7. Dissolution• a. Agreement will be considered dissolved as of December 31, 1997, unless the city councils of the three cities have acted to renew the agreement for an additional term. b. In the event of the authority's dissolution, ai�er the debts of the authoriiy have been paid, all remaining funds held by the authority shall be distributed among the member citie$ in proportion to the contributions of each member. 17.15 8. Additional Members: a. Authority may accept additional members by majority vote of its governing board. b. Financial responsibilities of new members shall be prorated to the date of membership. August 23, 1996 17.16 18.�1 � � C(TY OF FRIDLEY LICENSES NOVEMBER 25,1996 ' GAS SERVICES M&DPlbg&HtgInc 11050 26 St NE St Michael MN 55376 Melvin Daleiden Riven Services 10400 Hillside Lane Minnetonka MN 55305 Barry Riven Vollhaber Heating & AC Inc 2245 Boxwood Ave St Paul MN 55119 Ronald Stelten GENERAL CONTRACTOR-COMMERCIAL Elcon Incorporated 8794 Alexander Rd Batavia NY 14020 Edmund Leising � Paschke Properties 4611 Palmgren Lane Rogers MN 55374 Jerry Paschke GENERAL CONTRACTOR-RESIDENTIAL Accessible Modifying Service (7600) 202 Mayfair Rd Vadnais Heights MN 55127 Pete Pierce ' Cascade Builders Inc (20003261) 8024 Aldrich Ave N Brooklyn Park MN 55444-2032 Bruce Johnson Dusenka Construction (20064381) 2741 107 Ln NW Coon Rapids MN 55433 James Dusenka Gates Roofmg (6793) 4640 X' ' L � --, ....._,., �,.,,.. ,... � RON JULKOWSKI Chief Bldg Ofcl Same Same RON NLKOWSKI Chief Bldg Ofcl Same STATE OF MINN Same Same unmes n : . , , Plymouth MN 55442 ` Bruce Ga.tes Same �'w'ww � Jones Les Roofing Inc (6560) 941 W 80 St Bloomington MN 55420 Sawyer Built Homes (20057629) 2 Shepherd Ct Circle Pines MN 55014 HEATING M& D Plbg & Htg Inc 11050 26 St NE St Michael MN 55376 MASONRY Woodwright Homes 14147 202 Ave Elk River MN 55330 PLUMBING Ken's Sewer Service 2617 Salem Ave S St Louis Park MN 55416 M&DPlbg&HtgInc 11050 26 St NE St Michaei MN 55376 Metro General Services Inc 16391 45 St NE Rogers MN 55374 Valley Plumbing Co Inc 860 Quaker Aye Jordan MN 55352-1096 SIGN ERECTOR Leroy Signs Inc 6325 Welcome Ave N Brooklyn Park MN 55429 Scenic Sign Corp 828 S 5 St Sauk Rapids MN 56379 � Les Jones Duane Sawyer Melvin Daleiden Gordy Bass H Pouradollah Melvin Daleiden Dale Cazett Daniel Morris Ruth Miller Robert Gruber 19.03 Same Same RON JULKOWSKI Chief Bldg Ofcl RON 7ULKOWSKI Chief Blclg Ofcl STATE OF MINN Same Same Same RON JULKOWSKI Chief Bldg Ofcl Same � � CIIY OF FRIDLEY Schield Construction Co. 13604 Ferris Avenue Apple Valley, MN 55124 ESTIMATES NOVEMBER 25,1996 Stonybrook Creek Bank Stabilization Project No. 246 FINAL ESTIMATE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 27,434.77 Landmark Concrete, Inc. 17630 Highway 65 Ham Lake, MN 55304 1996 Removal 8� Replacement of Miscellaneous Concrete Curb & Gutter Project No. 294 FINAL ESTIMQTE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,690.11 Richmar Construction, lnc. 7776 Alden Way N.E. Fridley, MN 55432 Water Treatment Plant No. 3 Project No. 293 Estimate No. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 139,193.24 Thomas & Sons Construction, Inc. 9 3925 Northdale Blvd. Rogers, MN 55374 1996 Street Improvem�nt Project . No. ST. 1996 - 1& 2 Estimate No. 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $190,138.73 1 20:01 20.02 CITY OF FRIDLEY PUBLIC WORKS DEPAR,TMENT ENGINEERING DIVISION 6431 University Avenue N.E. Fridley, Minnesota 55432 October 28, 1996 Honorable Mayor and City Council � City of Fridley clo William W. Burns, City Manager 6431 University Avenue N.E. Fridley, MN 55432 Council Members: CERTIFICATE OF THE ENGINEER We hereby submit the Final Estimate for Stonybrook Creek Bank Stabilization Project Na 246, for Schield Construction Company, 13604 Ferris Ave, Apple Valley, MN 55124. We have viewed the work under contract for the construction of Stonybrook Gieek Bank Stabilization Project No. 246 and find that the same is substantially complete in accordance with the contract documents. I reeommend that final payment be made upon, acceptance of the work by your Honorable Body and that the one year contractual maintenance bond commence on October 2�, 1996. Respectfully submitted, John G. Flora Directar of Public Works JT:cz Prepared Checked 20.03 October 28, 1996 To: Public Works Director City of Fridley ' ' • ' s , _�I i� �_ __ ' � � • MM � _�I' Ii � :��; ' : :=_�Z:-- - : ! "t� � We, the undersigned, have inspected the above-mentioned project and find that the work required by the contract is substantially complete in eonformity with the plans and specifications of the project. All deficiencies have been corrected by the contractor. Also, the work for which the City feels the contractor should receive a reduced price has been agreed upon by the contractor. So, therefore, we recommend to you that the City approve the attached FINAL ESTIMATE for the contractor and the one-year maintenance bond, starting from the day of the �nal inspection that being October 25, 1996 J Thompson, Construction Inspector �� Nancy i�chield, Vice President ` 20:04 r- October 28, 1996 City of Fridley STONYBROOg CREEH BANH STABILIZATION PR.OJECT NO. 246 CEItTIFICATE OF CONTRACTOR This is to certify that items of the work shown in the statement of work certified herein have been actually furnished and done for the above-mentioned projects in accordance with the plans and specifications heretofore approved. The final contract cost is $347,379.85 and the final payment of $27,434.77 for the improvement project would cover in full, the contractor.'s claims against the City for all labor, materials and other work down by the contractor under this project. I declare under the penalties of perjury that this statement is just and correct. SCHIELD CONSTR,UCTION COMPANY f��.r,c.,i �,t.t�v� Nancy hield, Vice President 20.05 October 28, 1996 City of Fridley STONYBROOg CftEEH BANK STABILIZATION PROJECT NO. 24G PREVAILING WAGE VERIFICATION � � � This is to certify that Schield Construction Company has abided by the Prevailing Wage Provisions as specified by the Minnesota Department of Labor and Industry for Anoka County. I declare under the penalties of perjury that this statement is just and correct. SCHIELD CONSTRUCTION COMPANY �e�,�c. � ,��c,R�.u�,t.� Nancy chield, Vice President , 2�.06 � FROM: City of Fridiey Engineering Oivision CITY OF FRIDLEY PUBLIC WORKS DEPARTMENT 6431 UNIVERSITY AVENUE N.E. - FRIDLEY, MINNESOTA 55432 RE: Estimate No. 8 (FINAL) Period Ending: Octobe� 25, 1995 TO: Honorabte Mayor and City Councii FOR: Schield Construction Co. City of Fridley 13604 Ferris Avenue 6431 University Ave, NE Appie Vattey MN 55i24 Fridley, MN 55432 J08 CODE NO. 603-6000-4i5-4340-6036 Dated: Octobe� 28, 1996 STONYBROOK CREEK BANK STABILIZATION PROJECT NO. 246 STATEMENT OF WORK Mobilization Common Excavation Common Borrow (CV) � 88 in. x 54 in. RC Arch-Pipe Class 111A 60 in. RCP Sewer Design 3006 Class III ' 60 in. RCP Bend 7.5 Oesign 3006 CI (II Construct Drainage Structure Design 108-4020 i 2 in. RCP Flaired End Design 3006 with Trash Guard 12 in. RCP Sewer Design 3006, CI V ; Clearing ; Grubbing �� Sod, "iype Lawn w/4 in. Topsoit Seeding with Rye Only ' Seeding � 88 x 54 in. RC Arch Pipe Apron CL IIIA 'I Construct Catch Basi� Design G ' Fumish & Install Manhole Casting Seed Mixture 600 II a Mulch Mate��al Type 1 ; Oisc Anchoring � ;�Commer.FertilizerAnalyinl0-10-10 �Topsoil Bo�row Silt Fencce '� Hay Bales , Random Rip-Rap, Class V � Granular Filter �I : +Gabions i8 in. RCP Sewer Design 3006 CL I(t 'i 3�Aulti-61ock Earth Retaining System Recycled Rubber I, Cor�struct Haui Road (C/O 1) 100 LS 2,173.00 CY 12,513.00 CY 30.00 LF 410.00 lF 3.00 Each .��r 1.Q0 Each 80.00 LF 50.00 Each 50.00 Each 3,500.00 SY 0.4o Acre 2.00 Acre 1.00 Each 1.00 Each 3.00 Each 170.00 LB 4.00 7on 2.00 Acre 1,400.00 LB 2,000.00 CY 2�000.00 lF 50.U0 Each 430.00 SY 430.0o SY 120.00 CY 36.00 lF 13,420.63 3.33 4.17 284.57 140.68 1,186.42 � �� 0.00 1.00 29.00 2,000.00 0.00 16,000.00 0.00 47.00 O.UO 410.00 0.00 3.00 icE.�� • �� •� . �� 727.55 21.62 111.73 165.51 1.90 1,746.04 529.75 2,056.01 no.ss 279.01 2.32 244.86 161.471 0.50 5.58 2.00 8.73 21.26 19.64 41.46 34.00 • �� • �_� � .� � �� Ti � �. . �• � �� er � �-�� r� • �� •� 0.00 0.00 0.00 180.00 0.00 110.00 0:00 0.00 0.00 1.70 0.00 � .00 o.00 0.00 4.00, 0.00 144.50'. 0.00 3.40 0.00 0.2� 0.00 1,190.00 0.00 0.00 900.00 0.00 0.00 389.00 0.00 292.00 0.00 39.00 0.00 36.00 5.000'00 j SF I 17.47 j 606.50 I 10,595.55 aoo.00 �� 1 s.7s � o.00 � o.00 TOTAL THIS ESTIMATE $10,624.55 �0.07 TOTAL AMOUNT 5,584.50 13,420.63 6,660.00 66,720.00 13,374.79 si,s�8.ao 3,559.26 0.00 19,378.44 0.00 0.00 0.00 20,111.40 18,206.10 O.OQ 0.00 900.57 2,056.Oi o.00 1,116.04 � 335.24 . 832.52 40.37 595.00 0.00 200.00 0.00 8,270.14 5,734.88 1,616.94 1,224.00 0.00 97,561.22 7,787.50 $347,379.85 � � SCHIELD CONSTRUCTION COMPANY ESTIMATE NO. 8 (FINAL) _ SUMMARY: Uriginal Contract Amount Contract additions C.O.# 1 Contract deductions — Hevised contract amount Value Compieted To Date Amount Retained (0%) Materials on Hand Less Amount Paid Previously AMOUN�T DUE TH1S ESTIMATE $320,596.15 * See note below 31.900.50 352,496.65 347,379.85 0.00 0.00 319,945.08 $27,434.77 * The contract amount indicated on Estimate No. 1 was in error. The cont�act awarded by Counci{ was in the amount of $320,596.15. CERTIFICATE OF THE CONTRACTOR I hereby certify that the work perfonned and the materials supptied to date unde� the terms of the contract for this project, and all authorized changes thereto, have an actuai value under the contrac# of the amounts shown on this estimate (and the final quantities on the final estimate are correct), and that this estimate is just and correct and no part of the "Amourit Due This Estimate• has been received. BY �� .r �ir.G��-- Contracto s Authorized Representative {f'ttle) CERTIFICATE OF THE ENGINEER i fiereby certify that f have prepared or examined this esUmate, and that the contractor is entitled to payment of this estimate under the contract for reference p�oject. CITY OF FRIDLEY, INSPE� Date: � I� 2 J�� ►";' �.q�l� — .� � � 1 / i� . � _ _.. � , Respectfully submitted, Flora, PE of Public Works Z�.�B PAGE 2 CITY OF FRIDLEY PUBLIC WO1tKS DEPARTMENT ENGINEERING DIVISION 6431 University Avenue N_E. I�idley, Minnesota �5432 November 2�, 1996 Honorable Mayor and City Council City of Fridley c/o William W. Burns, City Manager 6431 University Avenue N.E. Fridley, MN 55432 Council Members: _ ' �i� _ � � 1�_ . We hereby submit the Final Estimate for Miscellaneous Concrete Curb, Gutter and Sidewalk Project Na 294, for Landmark Concrete, Inc., 17630 Highway 65, Ham Lake, MN 5�304. We have viewed ihe work under contract for the construction of Miscellaneous Concrete Curb, Gutter and Sidewalk Project No. 294 and find that the same is substantially complete in accordance with the contract documents. I recommend that final payment be made upon acceptance of the work by your Honorable Body and that the one year contractual maintenance bond commence on November 22, 1996. Respectfully submitted, � John G. Flora Director of Pu�lic t�Vorks JT:cz Prepared b� Checked by 20.09 November 25, 1996 To: Public Works Director City of Fridley ' ' � ' � _� � _r � � � . -� � �� : .i � i . -, . . _ _ . �, � . ..� � �. . We, the undersigned, have inspected the above-mentioned project and find that the work required by the contract is substantially complete in conformity with the plans and speci�cations of the project. All deficiencies have been corrected by the contractor. Also, the work for which the City feels the contractor should receive a reduced price has been agreed upon by the contractor. So, therefore, we recommend to you that the City approve the attached FINAL ESTIM�TE for the contractor and the one year maintenance bond, starting from the day of the final inspection that being NOVEMBER 22, 1996 � �•►�� .�/` ' �.� �.� . .� .� !!` .� � .- � � Contractor Representative, ('ISitle) 20.10 November 25, 1996 City of Fridley MISCELLANEOUS CONCftETE CURB, GUTTER & SIDEWALH PROJECT NO. 294 CERTIFICATE OF CONTRACTOR This is to certify that items of the work shown in the statement of work certif'ied herein have been actually furnished and done for the above-mentioned projects in accordance with the plans and specifications heretofore approved. The final contract cost is $32,905.75 and the final payment of $8,690.11 for the improvement project wauld cover in full, the contractor's claims against the G�ty for all labor, materials and other work down by the contractor under this project. I aeclare under the penalties of perjury that this statemeni is just and correct. Landwehr CONCR,ETE, INC. G� �`L Mark Landwehr, President , '20:11 November 25, 1996 City af Fridley MISCELLANEOUS CONCftETE CUR.B, GUTTER & SIDEWALH PROJECT NO. 294 . PREVAILING WAGE VERIFICATION This is to certify that Landwehr Concrete, Inc. has abided by the Prevailing Wage Provisions as specified by the Minnesota Department of Labor and Industry for Anoka County. I declare under the penalties of perjury that this statement is just and correct. Landwehr CONCRETE, INC. �L Mark Landwehr, President Za. �2 r— — CIiY OF FRlDLEY PUBLIC WORKS OEPARTMENT 6431 UNIVEHSITY AVENUE CV.E. FRIDLEY, MINNESOTA 55432 , �ROM: City of Fridley , Engineering Division 'i0: Honorable Mayor a�d City Councit City of Fridley 6431 University Ave, NE Fridiey, MN 55432 3ated: November 24, 9 996 RE: Estimate No. 5 (FINAL) Period Ending: November 22, 1996 FOR: Landmark Concrete. lnc. � �s3o Highway ss Ham Lake MN 55304 1996 REMOVAL & REPLACEMENT OF MlSCELLANEOUS CONCRETE CURB AND GUTTER AND SIDEWALK. PROJECT NO. 294 STATEMENT OF WORK Aemove and replace cor�crete curb ; and gutter iR�nove and replace concrete curb � and gutter (less than 85 L� Construct 5 ft wide; 4 i�. thick sidewalk ;nsta1130 x 6 in. concrete vailey gutter spiliways Fiemove and replace damaged islandat parking ramp entrance Remove and �eplace 7—in. c�nc�ete paving ;JMMARY: ;iginal Contract Amount �ntract additions C.O.# 1 �ntract deductions — �vised contract amount iue Compieted To Date �sount Retained (0°!0) ss Amount Paid Previously �fiOUNT DUE THIS ESTIMATE 2,500.00 LF 150.00 LF 2,000.00 SF 125.00 L.F 1.00 LS 60.00 SY 0 41.95 176.00 2,10320 1,618.00 1295 0.00 0.00 0.00 - 2.85 1,864.00 5,312.40 3,845.00 15.80 0:00 " 0.00 53.00 `�� _• TOTAL THIS ESl1MATE $42,842.50 42,842.50 32,905.75 0.00 24,215.64 $8,690.11 20.13 1.00 0.00 1.00 0.00 0.00 30.00 $7,415.60 TOTAL AMOUNT 19.335.10 � 0.00 10,958.25 837.40 200.00 1,575.00 $32,905.75 Landmark Conc�ete, Inc. Estimate No. 5 (FINAI.) CERTIFICATE OF THE CONTRACTOR PAGE 2 I hereby cettify that the work performed and the maLerials supplied to date under the teRns of the coMract for this project, and all authorized changes tl�ereto, have an actual value under the contrad of the amounts shown on this estimate (and final uarrtities on the fmal estimate are coRect), and that this estanate is just - and co a no of Am r�t D This Esdmate" has bee� received. � � : � � . Contracbo�'s Authorized Represenfiative (Titlee) CERTIFICATE OF THE ENGINEER 1 hereby certify that I have p�epared or examined ttus estimate, and that the coMractor is entitled to payment of this estimate under the contract for reference project. CITY OF FRfDLEY, INSPECT�0R1 Date: �, /�� ( QJ-�j / � By Checked By Respectfully submitted, d5hn G. Fbra, PE Director of Public Works 2�• 74 � ESTIMATE WORKSHEET FOR: 1994 MISCEL. CONCRETE CURB GUTTER 8� SIOEWALK, PROJECT NO. 294 CITY OF FRIQLEY, ENGINEERING DEPARTMENT Landmark Concrete - . 6431 UNIVERSITY AVENUE N.E. 1'�630 Highway 65 ..: FRIDLEY, MN. 55432 Ham .lake MN 55304 � �_ ESTIMATE Nb..S FINAL _ � � � '� DATE: .Novembet25; 19�6 '�- ' . GoMract.Item Street . Watet ' Sewer Escro�w Pariis. . I�iA To�l '� . � � #181� .:.. ` #408 �. � � : #.438. _ #596:: -' . F�. : . � . . � . � � � . � - : : �, $ �, .$ . ... . �, � . . .�, � . - , $. � $ . ' � ' � - .' : ' t. Remove and Replace Conc,�ete � . . . . . . . . . . . � Curb � �tter . � � . . _ � � : "- : � . : � Quantitjr this Estimate 176.00 � QOQ 0.U0. 0.00 • 0.00 176.OU ' Amount fhis Estimate 2,103.ZO a00 0.00 " �0.00 . . . . "0.00 . : Q00 2,103.20 t Total Quantity 983.00 . zil:oo ' � . 166.00 - - , z38.00 � ' QUO ' � 1,61S.o0 � Total . • . , . 11,746.85 ' 2,76Q4S l�i.'XO 2,844.10 - - ' 0.00 Q00 - 19,335.10 .. i. - . � - '. . . 2. Remove and Repiace.Concrete ' . . - . , • . ; 'Curb & Gutter (less than 85 � � • . - . • � . i lineai feet} . . . . ' Quantiry this Estimate o.00 o.00 o.00 aoo aoa 0.00 # Amour�t U�is Estimate aoo aoo aoo aao aao aoo aoo Tdta1 QuaRtiry � o.00 o.00 o.00 aao aao . 0.00 � Total o.00 o.00 o.00 0.00 aoo 0.00 _ 0.00 !. . � . . � 3. ConstFUCt 5 �ft wide (4" - . � � thick) Sidewalk . . � • : . � Quantiry this Estimate o.00 aoo o.00 ._ aop .: i�a.op .. 300.0o i,eba.00. �. Amount this Estimate 0.00 R00 � 0.00 0:00 � 4,457;40 . 855.00 531?.40 Toial Quantiry 20.0o S46.00 �o.00 o.o0 2979.00 . 300.00 -3,845.00 � Tota) 57.00 1�56.10 0.00 0.00 • 8,490.15 " 855.00 10,958.25 4. Construct Valley Gutter . Quantity this Estimate o.00 : uoo �_ � o.00 . 0.00 0.0� '.. o.00• �. j . Amount this Estimate � o.00 � o.00 . o.00 - � o.ob � . U.00 . � � O.00 �' . : .o.00 � .-Total.Quantity .. 53.00. 0.00. 0.00 Q00 0.00 . • 53.00 . Tota) 837.40 Q00 0.00 � 0.00 .. .- 0.09 :. :- 0.00 837.40 5. Remove & replace damaged . island af parking lot entrance : . ' � , . - Gluantiry this Estimate o.00 � o.00 . 0.00 000 _'"_ aoo aoo Amount this Estimate 0.00 0.00 0.00 0.00 .� 0.00 OOQ � � 0.00 Total (�uantity _ i.00 aoo � aoo �� aoo aon � i.00 �Total . 200.0o uoo O.oQ � Qoo 0.00 Qoo ... ..� 200.00 : s. Remove and replace 7-in. � - � •. concrete paving _ ' . C�uantity this Estimate u � Nrxiount this Estimate Total Quantity TOtal o.w aoo 0.00 0.00 so.00 aoo i��s.00 o.00 aoo . . aoo : ._ . aoo � aoo aoo aoo . aoo � "� aoo 4Q0 �. � aoo � aoo - ` uoo . . o:oo . o.ou 0_00 � . . x,.u, � i,s�s.00 �E FOLLOW WG AMOUNTS ARE TO BE CHARGED TO EACH ACCOUNT �OR TH1S EST1MAlE: street (�o�-os-ss-�-a3ao-s��) 's,sna� Esc�ow (so�-oo-oo-ats-a�o) ,, - . � o.00 '•.1later (601-73-00=415-4340) _ _ 0.00 .. : � HRA (236-37-00-415-4340) . 0.00 aewer (602-78-00=415-4340) � O.UO _ � Fre (408-00-00-415-4540-4006) 855.00 �ark (408-00-07-415-4530-4091j � 4.457.40 TOTAI $8.690. t t .� 20.15 Special Projects Unit V m 0 Ta V1l�liam W. Bums, C�y NNanager ,�'�~ From: Rose M. Griep, Coordinator. Special Projeds cC: �ave Sallman, Diredor of Public Safeiy Dat� November 21,1996 Re: Local Law Enforoemerrt Biodc Grarrt In September of 1996, we were notified by the Office of Justice Assistance that Fridley would be awarded $18,506 under the Local Law Enforcement Block Grants Program {LLEBG). No application was required prior to the award; however, iii order to receive the funds, an award document needed to be signed and several special conditions needed to be met. Although the funds could be used for numerous purposes Iisted in the guidelines, the award required the establishment of an advisory board who in tum would make non- binding recommendations on how the funds would be allocated. On November 20, the board met and made the recommendation that the funds be used for officer overtime to be directed at crime control and curfew enforcement. After those recommendations were made, the award conditions also require a public hearing to be held regarding the proposed use of Block Grant funds prior to the obligation of the funds. Publication of the public hearing notice took place in the November 20, 1996, issue of the Focus. I am at this time requesting to bring tlus issue before the regular City Council meeting on November 25. At that time, I will make a brief presentation outlining the grant and its intended use based on the advisory board's recommendation, and provide the public an opportunity to give input. Once this issue is discussed, we will then be authorized to utilize the funds. • Page 1 21:01 U.S. Department of Justice ,,�,W,,, a° *� Office of Justice Programs • � € Bureau of Justice Assistance �'�.4.,�•�`� Nancy E. Gist, Director Local Law Enforcement Block Grants Program The Omnibus Fiscal Year 1996 Appropriations Act, Public Law 104-134, provides $503 million for the implementation of the Local Law Enfarcement Block Grants Program, to be administered by the Bureau of Justice Assistance (BJA), U.S: Department of Justice_ The purpose of the Local Law Enforcement Block Grants Program is to provide units of local govemment with funds to underwrite projects to reduce crime and improve public safety. These projects must be funded in accordance with the seven purpose areas described below. Program Purpose Areas Local Law Enforcement Block Grants Program funds may be used for one or more of the following seven purpose areas: 0 Hiring, training, and employing on a continuing basis new, additional law enforcement officers and necessary support personnel (if funds are used for hiring law enforcement officers, there must be a net gain over the unit of local government's cunent appropriated budget, in the number of law enforce- ment officers who perform nonadministrative public safety service); paying oveRime to presently employed law enforcement officers and necessary support personnel for the purpose of increasing the number of hours worked by such personnel; and/or procuring equipment, technology, and other mate- rial directly related to basic law enforcement functions. O Enhancing security measures in and around schools, and in and around any other facility or locarion that the unit of local government considers a special risk for incidents of crime. ❑ Establishing or supporting drug courts. To be eligibte for funding, a drug court program must include the following: ■ Continuing judicial supervision over offenders with substance abuse problems, but who are not violent offenders. ■ Integrating the administration of other sanctions and services, which shall include: (i) mandatory periodic testing of each participant for the use of controlled substances or other addictive sub- stances during any period of supervised release or probation; (ii) substance abuse treatrnent for each participant; {iii) probation`or other super- vised release involving possible prosecution, confinement, or incazceration because of noncompliance with program requirements or failure to show saCisfactory progress; and (iv) programmatic, offender management and aftercare services such as relapse prevention,` vocational job training, and job and housing placement. O Enharicin� the adjudication of cases involving viotent offenders, induding cases involving vio- ient j��venile offenders. For the purposes of this program, violent offender means a person charged with committing a Part 1 violent crime under the Uniform Crime RepoRs. Revised 5J24l96 2 �.OZ ❑ Establishing a multijurisdictional task force, particu- larly in rural areas, composed of law enforcement officials representing units of local goveriiment; this task,force will work with Federal law enf" ment -� officials to prevent and,control crime. :, :�� ❑ ;._ Estalihshing cnme �re enhon programs ,' .volving -� � ,�;. . ` cooperat�on between community residen .�and law enforcement personnel to control, detect,� investi- gate ciime or the prosecution of criminals�- ❑ Defraying the cost of indemnification insurance for law enforcement officers. Prohibition on Use of Funds Funds are not to be used to purchase, lease, rent, or acquire tanks or armored vehicles, fixed-wing'aircraft, limousines, real estate, yachts, consultants, or any ve- hicle not used primarily for law enforcement.;In addi- tion, Federal funds cannot be used to supplant State or locai funds, but instead to increase the amount of funds that would be available otherwise from State and local souzces. Eligibility for Program Funds ; Units of local government are eligible to apply for an award. Units of local government are counties; towns . and townships, villages, cities, and Puerto Rico. Indian tribes,and Aiaskan Native villages that carry out sub- stantial governmental duties and powers aze also eligible.� _ Matching Funds Requirement .7 s- This program has a 10-percent cash matctung require- ment which,will not be waived. Matching fantls.may be provided from the following sources: State and local government funds, the Housing and Comtnunity Devel- opment Act of 1974, the Appalachian Regional_ Develop- ment Act, the Equitable Sharing Program (Federal assets forfeiture distributions), and private funds. All recipients must maintain records clearly showing the soiirce, the - amount, and the tirning of all matching contributions. Applica#ion Requirements for Units of Loca! Government An apphcation must be signed and submitt�d by the . chief executive of the jurisdiction (i.e., mayor�county executive, tribal chief, etc.), who must: ❑ Establish an advisory board to review the applica- tion. This board musi be designated to make nonbinding recommendations for the proposed use of funds received nnder this program, The advisory board mus�t �include-a member from at least each of the followw�the locai law enfor�ement agency; �. _ pros�tor's office; court system; school system; and a nonprofit group (e.g., educational, religious, or community) active in crime prevention or drug use prevention � treabnent ❑ Hold at least one public hearing regarding the proposed nse of funds. ❑ Forwazd the application to the Governor or desig- nated.representative at least 20 days prior to submis- sion to BJA, as required by statute. The first two bulleted items above need not occur prior to applying for funds, but must occur prior to the obliga- tion of funds. An additional requirement is that units of local govern-. ment give suitable preference tn the employment of per- sons as additional law enforcement officers or support personnel to members of the Armed Forces who were involuntarily separated or retired due to the reductions in the Department of Defense. Distribution of Awards The Director of BJA will set aside funds for units of lo- cal government within a State. The amounts will be pro- portionate to the State's average annual amount of Part 1 violent crimes, compared to that for all other States for the tluee most recent calendar years of data from the Federal Bureau of Investigation. However, each State will receive a minimum awazd of .25 percent of the total amount available for formuta distribution under the Local Law Enforcement Block Grants Program. Awards to units oflocal government will be proportion- ate to each local jurisdiction's average annual amount of Part [ violent crimes compared to ali other local juris- dictions in the State for the three most recent calendar Y�- ❑ BJA will make awards directly to units of local government when award amounts are at least $10,000. Each unit of local government eligible to apply for an award of $10,000 or more will be notified by BJA. ` 0 Each State will receive the remainder of the State's allocation for local applicants whose award amounts 2103 are less than $10,000. BJA wiIl rnake one a�gre�ate award directly to the State. The State wi(I distribute such funds among State police�dePartments that Provide law enforcement services to units of local government and units of local'-government whose allotment is less than such amount in a manner which reduces crime and improves public safety. Each recipient must establish a trtist fund to deposit pro- gram funds, which may accrue interest. All Federal funds (including interest) not expended 2 years from the date of the initial award by BJA are to be returned to BJA within 90 days of project ternunation. Section 104(b)(9) contains the follo�ving provision in an attempt to accommodate potential fundin� disparities within jurisdictions: • (A) Notwithstanding any other provision of this title, if — (i) the attorney general of a�tat� certities that a unit of local government under the jurisdiction of the State bears more than 50 perce��t of the costs of prosecution or incarceration that arise with respect to Part 1 violent crimes reported by a specified geographically constituent unit of local government, and (ii) but for this paragraph, the amount of funds allocated under this section to — (I) any one such specified geographically constituent unit of local government exceeds 200 percent of the amount allocated to the unit of local government certified pursuant to clause (i), or (II) more than one such specii'ied geograpili- cally constituent unit of local government (excludina units of local government referred to subclause I:and in paragraph (7)), exceeds 400 percent of the amount allocated to the unit of local government certified pursuant to clause (ij and the attorney general of the State determines that such allocation is likely to threaten the efficient administration of justice, then in order to quality for payment uncler this title, the unit of local �overnn�enc ceriiCed pursuant to clause (i), together with any such specified geo- graphically constituent units of local government described in clause (ii), shall submit to the Direcfor a joint application for the aggregate of funds allo- : cated to such units of local government. Such application shall specify the amount of such funds `' � that are to be distributed to each of the units of local` government and the purposes for which such funds `: are to be used. The units of lacal government involved may establish a joint local advisory boacd for the purposes of carrying out ihis paragraph. (B) In this paragraph, the term `geographically constituent unit of local government' means a unit of local government that h,as jurisdi�tion over areas located within che boundanes of an area over which a unit of iocal government certified pursuant to clause (i) has jurisdiction. Administration of Block Grant Funds by the S#ates The Governor shall designate a State agency to adminis- ter these funds. The designated State agency will be re- sponsible for submitting the State's application, selecting subrecipients to receive funds, disbursing funds, and performing other administrative functions. Deadtine for Application Submission BJA will distribute application kits for both those local jurisdictions eligible for direct awards and State appli- cants no later than June 15, 1996. All applications must be received by August 9, 1996. BJA will begin making awards in mid-September i99b. For Further lnformation For more iaformation about the L,ocal Law Enforcement Block Grants Program, call the U.S. Department of Jus- tice Response Center at 1-800--42 i-6770; or access the BJA home page at http://www.ojp.usdoj.go��1BJA. 1=S 000147 May 1996 21:04 Memo to: William W. Burns, City Manaqer � � From: William A. Champa, Citp Charter 8taff Liaison Subject: Amendment to Section 2.06.01 of the Fridley City Charter Date: November 21, 1996 At the September 1996 meeting of the Fridley Home Rule Charter Commission, the attached amendment to Section 2.06.01 of the Fridley City Charter was approved. This amendment is now recommended to the City Council for enactment by ordinance. At the October 14, 1996 City Council meeting, a public hearing on the amendment to Section 2.06.O1 of the Fridley City Charter was set for November 25, 1996. Accordingly, I request that you place this item on the agenda for consideration by the Fridley City Council at a public hearing to be held on November 25, 1996. A separate amendment to Section 2.06.01 was presented at the August 26, 1996 Council Meeting but �ailed the first reading because of a three-fifths vote. This new amendment to 2.06.01 removes the words "without good cause" and "any of" from the section. The Charter Commission chose not to add the words "due to incapacity" because they felt incapacitation was not the only case where a vacancy in Council might be declared. If they were to single out incapacity, the Charter Commission felt they would have to include every reason for declaring a vacancy. Attachments c: Charter Commission Members 22.� 1 ORDINANCS NO. AN ORDINANCE AMENDING BECTION 2.06.01 OF THE FRIDLEY CITY CHARTER The City Council of the City of Fridley does hereby ordain as follows: That the following sections of the Fridley City Charter be amended as follows: CHAPTER 2 CITY COUNCIL ORGANIZATION Section 2.06. VACANCIES IN THE COUNCIL. 1. A vacancy in the Council shall be deemed to exist in case of the failure of an� person elected thereto to qualify on or before the date of the second regular meeting of the new Council, or by reason of the death, resignation, removal from office, removal from the City, removal of a ward councilmember from that ward, continuous absence from the City for more than three (3) months, or conviction of a felony of any such person whether before or after their qualification, or by reason of the failure of any councilmember to perform a��€ the duties of inembership in the Council for a period of three (3) months. In each such case, within thirty (30) days the Council shall by resolution declare a vacancy to exist. 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: November 25, 1996 Publication: November 14�& 21, 1996 22.�2 //d/ry.i ,i "�.1�\ ; /�7' V�� , s� „ ��:� �s `�"�`�'��': ,�ll��, ,.��,: Fridley Police Department Memorandum To: Bill Bums �� From: Gary Lenzmeier Date: November 20, 1996 Re: Second Reading of Tobacco Ordinance The tobacco ordinance w�t before the Ciiy Council on November 4'� for the second reading. The Council decided to table the second reading until Novembea 25'�. They instn�cte� staff to make some changes in �e ordinance for that meeting. The attached draft of the ordinance has those changes included The first issue is in Chapter 12.06 Training. The Council wanted incluckd in the ordinance language mandatory training for the clerks provided by the lice�see. Tbey wanted to adopt the same language in the Fridley ordinance as they had seen in the praposed Hopkins ordinance. This language provides for the training and requires the licensee to cert�r at lic�se renewal that all clerks have been trained. The second issue is in Chapter 12.08 Administrative Offenses sections (d, e, �& g). This chapter removes the hearing responsibility from the City Council and gives a fust heazing responsibility to a hearing examiner. It thea creates the position of hearing examiner and defines �e responsibilities of the position. T6e defimtion for hearing examiner is very similaz to that of the hearing officer which is defined 'm the nuisance abatement ordinance. ff a person is not satisfied with the judgm�t of �e hearing examiner, �e chapter dces allow the person to go to the council for a hearing. The third issue is in Chapter 12.08 Administrative Ofi'enses secti� (c) aad Chapter 12.09 Violations section (b). This was to correct a problem created whe,n the position of hearing examiner was created The time line for a person to apply for a hearing �mder Chapter _ 12.08 section (d) is 20 days. Under 12.08 section (c) it describes paying the fine within "7 days:' That ne,eded to be changed to 20 days to allow for the appeal process in the next secti�. In 12.09 se,ction (b) the old language iridicated that if a fine is not paid within 7 days ` the City may suspend ti�e license to sell tobacco products. This change ext�ds that to 20 days to conespond with the language in the hearing examiner section. It c,hanges the language for the first and second violations. The final issue is in Chapter 12.09 Violations section (d). The non srnoking groups felt ti�at the language in the original ordinance was too restrictive and w�ould n� allow outside groups to come into Fridley to do compliance checks for research etc. The Council felt it would be all right if groups wanting to do compliance checks would be able to do them, but they requested the language be changed so they vu�ould need t� have approval of the Fridley Police Department before they did the c,hecks. The language is changed to accomnwdate that request. Staff recommends the-Council approve ti�is ordinance. 23.01 Ordinance No. AN ORDINANCE REPEALING CHAPTER 12 OF THE FRIDLEY CITY CODE IN ITS ENTIRETY, AND ADOPTING A NEW CxAPTER 12, ENTITLED i�TOBACCO PRODUCTS�€ AND AMENDING CHAPTER 11 OF THE FRIDLEY CITY CODE, ENTITILED �GENERAL pROVISIONS AND FEES�€ THE CITY COUNCIL OF THE CITY OF FRIDLEY DOES ORDAIN AS FOLI,OWS: 12.01. DEFIIdITION OF TERMB The. fpllowing definitions shall. apply in the interpretatifln and application of this Chapter and the following words and terms, wherever they occur in this Chapter., are defined as follows: 1. "Self service merchandising" This is an open display of tobacco products where the public has access without the intervention of an employee. 2. "Tobacco product" This includes cigarettes, cigars, cheroots, stogies, perique, granulated, plug cut, crimp cut, ready rubbed and other smoking tobacco, snuff, snuff flower, cavendish, plug and twist tobacco, fine cut and other chewing tobaccos, shorts, refuse strips, clippings, cuttings and sweepings'-of. tobacco prepared in such manner as to be suitable for chewing, sniffing or smoking in a pipe, rolling paper or other tobacco related devices. 12.02. LICENSL REQIIIRF� No person shall directly, by coin machine, or otherwise, keep for retail sale, sell at retail, or otherwise dispose of, any cigarette, cigarette wrapper, tobacco, or tobacco products at any place in the City unless they have obtained a license therefor as provided herein. 12.03. APpLICATION FOR LICBNSLs GRANTINC� OF LICBNSE BY COtJNCIL; ISSUANCE OF LICENSE BY CLERR Application for such license shall be made to the City Clerk and shall state the fuil name and address of the applicant, the location of the building to be occupied by the applicant in the conduct of his business, the kind of business to be conducted, and such other information as the City Clerk may require. The license shall be granted by the City Council and issued by the City Clerk upon payment of the required fee. � 23.02 Page 2 Ordinance No. 12.04. LICENS$ FB$: TSRMf DATg The annual license fee and expiration date shall be as provided in Chapter 11 of this Code. Licenses are not transferable. 12.05. DIBPLAY OF LICA�i88 O�i PRS![I888 Every such license shall be openly displayed in the place of business to which it has been issued. 12.Q6 TRAININt3 Every retailer requesting a license under this ordinance shall `implement a training program for employees regarding laws relating to the sale of tobacco products. Every licensee shall certify on its annual tobacco application that all employees have been trained to comply with state laws regarding the sale of tobacco products. 12.07. PROHIBITSD ACTS a. No person shall sell, give away, or otherwise furnish any cigarette, cigarette paper, tobacco, or tobacco products to any person under the age of eighteen years. b. No person shall keep for sale, sell, or dispose'of any cigarette or other tobacco product containing opium,�`morphine, jimson weed, bella donna, strychnia, cocaine, marijuana, or any other deleterious or poisonous drug, except nicotine. c. No person shall sell or dispense any tobacco product through the use" of a vending machi.ne, unless the vending machine is electronically activated for each transaction by the licensee or a.person in their employ, or unless .the vending machine is in a nonpublic area with no minor access as verified by a premises survey conducted by the Fridley Police Department. d. No person shall offer for sale any tobacco product by means of self service merchandising, unless the display is in direct view of and in no case more than 20 feet from the primary cashier and meets one of the followinq security requirements; within three feet of the cashier or, in an enclosed case which registers an audible alarm when opened or, in a totally controlled separate area, or an approved electronic security system is in place. The exception requirements must be verified by a premises survey conducted by the Department of Public 3afety. e. Every licensee shall be responsible for the conduct of 23.03 Page 3 Ordinance No. its employees while on the licensed premises and any sale or other disposition of tobacco products by an employee to a person under 18 years of age shall be considered an act of the licensee for purposes of imposing an administrative penalty, license suspension, or revocation. 12.08. ADMII�TIBTRATIVB OFFENSES a. Administrative Civil Penalties: Administrative offense procedures established pursuant to this chapter are intended to provide the public and the City with an informal, cost effective., and expeditious alternative to traditional criminal charges_for violations of this ordinance. The procedures are° intended to be voluntary on the part of those who have been charged with administrative offenses. 1. Individual. At any time prior to the payment of the administrative penalty as is provided for hereafter, the individual may withdraw from participation in the procedures in which event the City may bring criminal charges in accordance with law. Likewise, the City, at it�s discretion, may bring criminal charges in the first instance. In the event a party participates in the administrative offense procedures but does not pay the monetary penalty which may be imposed, the City will seek to collect the costs of-the administrative offense procedures as part of a subsequent cri.minal sentence in the event the party is charged and is adjudicated guilty of the criminal violation. 2. Licensee. At any time prior to the payment of the administrative penalty as is provided for hereafter, the licensee may withdraw from participation in the procedures in which event the City may permanently revoke the licensee's tobacco license in accordance with law. Likewise, the City, i.n it's'discretion, may revoke the licensee's tobacco license in the first instance. In the event a licensee participates in the administrative offense procedures but does not pay the monetary penalty which may;`be imposed, the City will suspend the iicensee's tobacco license accordance with section 12.08 b of this ordinance'. b. Notice. Any officer of the Fridley Police Department shall, upon determining there has been a violation, notify the violator of the violation. Said notice shall set forth the nature, date and time of violation, the name of the officer issuing the notice�and the amount of the'scheduled penalty. c. Payment. Once such notice is given, the alleged 23.04 Page 4 Ordinance No. violator may, within twenty (20j days of the time of issuance of the notice pay the amount set forth on the notice, or may request a hearing in writinq, as provided for hereafter. The penalty may be paid in person or by mail, and payment shall be deemed to be an admission of the violation. d. Hearinq. Any person contestinq an administrative offense pursuant to this C'hapter may request a hearing before the Hearing Examiner. Such request shall be filed in writing with the oifice of the Public Safety Director within twenty (20) days of the offense. The Public Safety Director shall notify the Hearing Examiner, who will notify the licensee of the date, time and place Qf hearing. .The hearing shall be conducted no more then twenty (20)days `after the Hearing Examiner receives notice of the request, unless a later date is mutually agreed to by the Hearing Examiner, the licensee, sales clerk and the City. Within ten (10j days after such hearinq, the Hearing Examiner shall affirm, repeal, or modify the charge against the licensee or sales clerk. Any person aggrieved by the decision of the Hearing Examiner may appeal that decision to. the City Council by filing notice of such appeal with the Public Safety Director within twenty (20) .days of receivinq notice of the Hearing Examiner's decision. At its next available regular meeting following the filing of a notice of appeal, the Council. shall review the decision and findings of fact of the Hearing Examiner and shall affirm,. repeal or modify that decision. e. Heariaq Esaminer. The position of Hearing Examiner is hereby created. The City Manager may, at his discretion and with the approval of the Council, contract with third parties for the furnishing of all services of the Hearing Examiner as contained in this Chapter and set the rate of compensation therefor. f. Qualifications. The Hearing Examiner shall be an individual trained in law; however, it shall not be required that the Hearing Examiner be currently licensed to practice law in the State of Minnesota. g• Duties. The Hearing Examiner shall have the following duties: 1. Set dates and hear all contested cases. 2. Take testimony from all interested parities. 3. Make a complete record of ali proceedings including findings of fact and conclusions of law. 4. Affirm, repeal or modify the penalty accessed. h. Failure to Pay. In the event a party charged with an administrative penalty fails to pay the penalty, if an 23.05 Page 5 Ordinance No. individual, the party will be charged with the criminal offense. If a licensee, the Council will suspend the licensee�s tobacco license. i. Disposition o! Penaltiee. All penalties collected pursuant to this Chapter shall be paid to the City treasurer and will be deposited in the City's general fund. 12.09. 4IOLATIONB a. Administrative Civil Penalties: Individuals. Any person who sells any tobacco product tQ a person under the age of 18 years is subject to�an administrative penalty: and any person under the age of 18 who attempts to purchase a tobacco product is subject to an administrative penalty. The administrative penalties are as follows: First violation. The penalty for the first violation is $250. Second violation �►ithin 12 months. The penalty for the second violation is $500. Third violation vithin 12 months. The penalty for the third violation is $750. b. Administrative Civil Penalties; Licensee. If a licensee or an employee of a licensee is found to have sold tobacco to a person under the age of 18 years, the licensee shall be subject to an administrative penalty as follows: First violation. The penalty for the first violation is $500. If the fine is not paid within 20 days the City may suspend the license to sell tobacco products for a period not to exceed 10 days. Second violation vrithin 12 months. The penalty for the second violation is $1000. If the fine is not paid within 20 days the City may suspend the license to sell tobacco products for a period not to exceed 30 days. Third violation vithin 12 months The City may permanently revoke the tobacco license. c. Defense. It is a defense to the charge of selling tobacco to a person under the age of 18 years, that the licensee or individual, in making the sale, reasonably and in good faith relied upon representation of proof of age described in State Statute section 340A.503. subdivision 6, paragraph (a). d. Euemptfon. A person, no�younger than 15 and no older than 17, may be enlisted to assist in the tests of compliance, provided that written consent from the person's parent or 23.06 Page 6 Ordinance No. guardian has been obtained and that the person shall at all ti.mes act only under the direct supervision of a law enforcement officer or an employee of the licensing department, or in conjunction with a compliance check effort that has been pre-approved by the Fridley Police Department. A person who purchases or attempts to purchase tobacco-related products while in this capacity is exempt from the penalties imposed by subdivisions (a) above. e. Revocation. The City Council has the authority to revoke any license as noted in 11.08. 23.07 Page 7 Ordinance No. C�PTBR 11, Q�RAL p�pVISIONB A�D FB]38. Section 11.10, i�Fees� is amended to include the following: Cigarette Sales (see Tobacco) 12 Tobacco Products $125.00 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 First Reading: October 28, 1996 Second Reading: Publication � 23.08 M�MO.�Z�I\TDIJ�VI PLAS�INING DIVISION DATE: November 21, 'I 996 Td: William Burns, Ci�y Manager riV� v� FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Variance Request, VAR #96-24, by Kim Miller The City Council, at the consent of the petitioner, extended the review period an additiona160 days for the variance request at 6210 Highway 65 N.E. The City Counci! requested that the petitioner survey the adjacent property owners to determine their concurrence with the revised request. Since the last meeting, the petitioner has been unable to survey the neighbors du� to a busy work schedule. Staff requests that the City Council table this request until December 16, 1996. The expiration of the additional 60 days is January 3, 1997. MM/dw M-96-533 24.01 DATE: November 21, 1996 MEMOl�;ANDUM PLAr�NING DIVISION T0: William Bums, City Manager�� FROM: Barbara Dacy, Community Development Director • Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: First Reading of an Interim Ordinance Declaring a Moratorium on the Construction of Telecommunications Facilities The City has received multiple applications for instaliation of Personal Communication Services (PCS) antennae. The most recent request is for construction of a 108' monopole in the Great Northem Industrial Center south of Interstate 694 and east of East River Road. After discussion with the City Attomey, staff recommends that the City Council adopt the attached ordinance establishing a six (6) month moratorium on the construction oi Telecommunications Facilities. The purpose of the moratorium is as follows: 1. The Zoning Ordinance did not anticipate this type of technology when it was originally drafted; the moratorium would allow specific standards for location, construction and height to be drafted and adopted into the City Code. 2. There will be several more requests for large towers given the fast-paced development of this technology and the number of companies in the marketplace. A study will need to be complete to identify optimal locations so that co-location of facilities can be required. 3. Municipal water towers and other structures are attractive candidates for the co- location of antennae. The City may choose to become a provider of eligible lease space. 4. Other jurisdictions are adopting similar ordinances including the City of Newport, Washington County, a�d other cities within Washington County. RECOMMENDATION Staff recommends that the City Council adopt the attached ordinance for first reading. MM/ M-96-542 25.01 ORDINANCE NO. CITY OF FRIDLEY, MINNESOTA ANOKA COUNTY, MINNESOTA ESTABLISHING BY INTERIM ORDINANCE A MORATORIUM WITHIN THE CITY �:' ' ON THE CONSTRUCTION OF NEW COMMUNICATION AND ANTENNA ARRAY TOWERS AND ON THE USE AND DEVELOPMENT OF PROPERTY FOR SUCH NEW TOWERS THEREBY AMENDtNG THE CITY CODE BY ADDfNG A NEW SECTION FOR THAT PURPOSE IT IS HEREBY ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY, MINNESOTA, THAT THE CITY CODE IS HEREBY AMENDED TO INC�.WDE A NEW SECTION TO READ AS FOLLOWS: � COMMUNICATION AND ANTENNA TOWER MORATORIUM (a) PREAMBLE The City Council of Fridley, Minnesota, finds that recent advances in wireless communications technology have resulted in a new generation of cellular communication services. These new senrices, caNed "Personai Communications Services" ("PCS"), will likely require numerous antenna locations throughout the community. These antennae may be located on buildings, water towers, and other similar structures, but will also . frequently be located on towers constructed or enlarged for that purpose. The City Council of Fridley further finds that PCS providers have recently been licensed by the Federal Communications Commission ("FCC'� for the Minneapolis/St. Paul Major Trading Area ("MTA") and additional providers are expected to be licensed in the near future. In addition, demand is increasing for traditional cellular services from existing or new providers. Collectively, these entities are expected to begin or continue efforts at antenna siting and construction within the City, includi�g requests to construct new or enlarged communications towers. Because of the recent advent of the technolog� requiring construction of muttiple communications towers, current Fridley ordinances may not adequately address issues relating to these types of towers, such as the appropriate focations for these towers and the conditions under which they may be allowed within the City to provide sufficient protection to the health, safety and welfare of the citizens of the City. issues which need to be comprehensively addressed in reviewing the impact of this new, technology-driven, communications phenomenon include, but are not limited to, structural and construction requirements and standards, co-location to avoid unnecessary duptication of constru�tion within the City, as well as setbacks and height limitations. 25.02 The City Council of Fridley, Minnesota, further finds that there is a need to study these and other issues to determine what regulatory controls may need to be adopted to protect the public health, safety and welfare. The Gity has issued a Request for Proposal to experienced consultants for the purpose of assisting the Cily's professional planning and engineering staff in conducting a comprehensive study of the possible impact of these towers on the City, and to provide� with City Staff, recorrur�endations to the City of Fridley regarding PCS and cellular service and other antenna or wireless tower issues. Time is also required for the City's staff to draft any necessary proposals for amendments to City zoning regulations for the City Council's review and consideration. The Council finds, therefore, that a moratorium is required in order to protect the planning process and to prevent the construction of enlargement towers and the use and development of lands within the City for such towers pending the completion of necess�ary� studies and the consideration and implemerrtation of newTeguiations on that subject. At the present time it is expected that the necessary study and implementation can be completed within a 12�( -day period. (b) MORATORIUM ESTABLISHED; SCOPE; DEFINITION OR "TOWER" (1) In accordance with the findings set forth in the Preamble to this ordinance and pursuant to the authority of Minnesota Statutes 462.355 (subd. 4). there is hereby established a moratorium on the construction, erection, - placement, reconstruction, enlargement or expansion of towers within the City and on the development and use of property for such purposes. (2) During the period of the moratorium neither pending nor to-be submitted applications for final site and building plan approval, building permits, Conditional Use Permits ("CUP") and other permits or related variance requests and approvals related to such tow�er work shall not be considered by the City, neither the Planning Commission nor the City Council shall consider or grant approval of any application required for such work, and no permits or variances for such work shall be issued. (3) For the purposes of the moratorium, the term "tower' shall mean "any pole, spire, structure or combination thereof, induding supporting lines, cables, wires, braces and masts, intended primarily for the purpose of mounting an antenna, meteorological device, or similar apparatus above grade." (c) APPLICABILITY The moratorium shall be applicable to public and private property throughout the City. 25.03 (d) EXCEPTlONS The moratorium shali not appiy to (1) the lawful use of existing towers or the lawfut erection of antennae on such existing towers, (2) the repair and/or maintenance of any existing tower provide that such work does not enlarge or expand that tower, (3) work on a tower necessary to presenre health, safety, life or property in the face of an emergency, and (4) tower work that has received all necessary permits and approvals from the City prior to the effective date of this ordinance. (e) PENALTIES Any person, corporation or other entiiy that constructs, erects, places,- reconstructs, enlarges, or expands a tower in violation of this Section, shall be guilty of a misdemeanor and shaU be subject to any additionat legal or equitable remedies available to the City. (fl EFFECTIVE DATE This Section shall take effect upon its adoption and publication, shall be efFective for 120 days from its effective date, and shall expire at that time unless further extended. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF _ , 1996. ATTEST: WILLIAM J. NEE - MAYOR WILLIAM A. CHAMPA - CITY CLERK 25.04 City of FricUey TO: William W. Bums, City Manaqer /�� FROM: John G. Flora, Pubhc Works D'uector DATE: November 2S, 1996 SUBJECT: East River Road Sidewalk PW96-270 At a neighborhood meeting on October 30, 1996, the issue oi a sidewalk on the west side of East River Road from ?9th Way north to the municipal limits was discussed. At that meeting, the residents in attendance were informed that they would be notified when the Council would make a final decision on this issue. Councilwoman Bolkcom requested that a resolution be prepared to request the County install a 5-foot concrete sidewalk on the west side oi East River Road within the County's right-of-way from 79th Way north to the municipal limits, connecting to the Coon Rapids sidewalk. She also requested that the County work with the impacted properties to diminish any adverse sidewalk placement with the property owners. All of the residents that were notified of the October 30 meeting have been informed by letter of the proposed Council action The attached resolution requests the County incorporate a S-foot sidewalk on the west side of East River Road from 79th Way north to the municipal limits. JGF:cz Attachments Zs,Q y �— - RE80I�TI'I�J 1�D. - 1996 •ix �i � • :+ •r•� � :tn a� r� • �:r ,.ise :i�� : •�� :�� - �L,i; ;• _ � �8, the QauYty is p�+q�osir�g to acaple�te the final inQravemexYt of East River R,oad in the City of Fridley ar�d �AS, a public meeting was held on Octabe.r 10, 1996, in tt�e M�micipal Qent�x bY the C�ritY discussing the Project, ar�d �i8, a rnm�ber of citizens at the meetiryg irxiicatsd an interest in havir�g a sidewalk inoorporated in the project frcan 79th Way north to the 000az Rapids border, and �, a seoond meeting was held in the City on Octaber 30, 1996, arxi �S, at this meeting all those that att.exided tt�e fizst meeting plus those residents that reside on East River Rpad wex+e irivited, arxl WI�,8, at the meetirig there was a discu.ssio� oaz the pros arid cons of the sidewal.k on the west side of East River Road, ar�d �AS, it is believed that it is in the best ir�tex�est of th�e City to pravide a sidewalk on the we.st side of East River Rpad fr�a 79th Way to link up to the Coon Rapids sidewalk system, and �,5, this sidewalk will provide a safe off road route for the neighUorhood and children residing and going to school in that area. I�7W, T�RE�ORE, B� IT RE80LVED THI�iT, the City �il of the City of FridleY. Anoxa cour,ty, rii.nnesota, that tne Anoka Camty Highway D�axhnerit is to ir�oorporate a 5 foat sic�walk on the we.st side of East River l�oad frcm 79th Way north to the City limits tying into the Coon Rapids sidewalk systeffi and BE IT � i2�OLnID �T, ti�e Aryaka f�mtY ��Y �� work with the ir�dividual property awners to locate the sidewalk in the most be.neficial ar�d econcanic location. �1]1� • I� � �• ' Y:ii� �:1" M •� 11 M� •1' �:1' M •l' • �� Kf ; �: �� •1' • � :r� I:i�i• � WILLIAM A. CHAMPA - CITY CiEf2K WILLSI�M J. N� - MAYOR 2ti.02 ., ,� =� �}�> - � ..�:� R3:;a ST�: `i„^^: i Y? i' tC • , FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY. MN 554�2 •(612) 571-3450 • FAX (612) 571-1287 November 1�,1996 Subject: East River Road Sidewalk Dear �,esident: PW96-173 At the October 30, 1996; neighborhood meeting representatives from the City Council received testimony regarding the placement of a� foot concrete sidewalk on the west side of East River Road from 79th Way north to the city limits. At that meeting there were various pros and cons for the sidewalk discussed. As a result of the meeting the Council proposes to take formal action to rec�uest the County to place a sidewalk on the west side of East River Road from 79th Way riorth to the City boundary with Coon Rapids at-the November 2�, 1996, Council Meeting. _; The Council Meeting will be held at the Municipal Center at 7:30 P.M. in the Council Chambers. You are invited to attend this meeting on the sidewalk placement on East River Road and incorporation into the County improvement project. If you have any questions on this matter, please contact me at 572-35�0. Sincerely yours, . -�Z�.� John G. Flora Director of Public Works JGF/jmv 26.03 l��Ir. � i�Irs. �ern Haldor�on 5I� L�a�er St. �1.E. Fridle�, rti�Il� 554�� IwTaveml��r 8+ 19�6 Fridie� �Iunicipal �enter �� 1 LTniv��i#� �v��u� 1�.E. F�idle�, A�l� 55432 Attention: JaYtn Flara I I�ian�►e Haldarsan a�m a resident of Fridl��. Th� rea�an for #hi� letter is �r� kn�� tha�t Ea�t �iv�r l��a� i� goin�to 1�� r��r�s#ru�t�d, a�nd apr�si�ilit� of a.�� rail_ �.�.d �id e�alk �r e�o k� e p�t i�. o� the e ast side. �e li�e vn the �e �t side vf E ast Ri�rer �aad, ana I v�rou�d iike to e�press m� opinion that a bt�Ce trai� �auld �e ni�e �n �t'n� east si�e, l�ut a sidev�alk on #he �est �i�de �auld 1�e much l�etter. I da alat of �alkin� and it'� ��r� d�ng��rou.� ta walk or� �h� �dg� �f East �i�er R�ad �nd th�re is na �us �top fa�� #he s��o�i'��s. I s�� ato# �f �evpie �ut ��lking ar�d I tr�ir�k t��i� �rould'�e � nic� thin.g ta l�a�e ott the �est sid� af the ri�er. Sinc�rel�, � l�t't.�u�� `✓��-�. l�ianne HaldQrsan 2f.a4 27.01