05/05/1997 - 4784'
GTYOF
FRIDLEY
FRIDLEY CITY COUNCIL MEETING
ATTENDENCE SHEET
MandaU, May 5 199�
7:30 P.�I.
PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN
PRINT NAME (CLEARLY) ADDRESS
ITEM
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FSIDLEY CITY COUNCIL MEETING OF
CfTY OF
FRIDLEY
May 5,1997
The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment
in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status,
sexual orientation or status with regard to public assistance. Upon request, accommodation wil( 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 �vho require auxiliary aids should contact Roberta Collins at 572-3500 at least one
week in advance. (TTD/572-3534)
PLEDGE OF ALLEGIANCE
PROCLAMATION•
Pubiic Works Week May 11 - 17, 19�7
Veterans' Buddy Poppy Day May 16, 1997
CI iY COUNClL MEETING •
APPROVAL OF MINUTES•
City Council Meeting of April 28, 1997
APPROVAL OF PROPOSED CONSENT AGENDA•
FRIDLEY CITY COUNCIL MEETING OF MAV S �aa� �___ .,
• ---- ■ ayc L
(�LD BUSINESS•
Second Reading of an Ordinance Extending the Moratorium
on Multi-Bay Warehouse or Similar Trucking Based Product
Distribution Facilities in Industrial Zoning Districts . . . . . . . . . . . 1.01 - 1.02
NEW BUSINESS•
First Reading of an Ordinance Extending
Telecommunication Facility Moratorium to
December 31, 1997 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.01 - 2.02
Establish Public Hearing for May 19, 1997 on
Proposed Amendment to Section 11.01 of the
Fridley City Charter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.01 - 3.07
Resolution in Support of an Application for a Minnesota
Lawful Gambling Premise Permit to Spring Lake Park
LionsClub . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.01 - 4.02
Appointment: City Employee . . . . . . . . . . . . . . . . . . . . . . . 5.01
Claims....................................6.01
FRIDLEY CITY COUNCIL MEETING OF MAY � q4a7 �___ .,
, ---- . Qy�.,
NEW BUSINESS (CONTINUEDI•
Licenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7.01 - 7.06
.
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Estimates ....................................8.01
ADOPTION OF AGENDA•
�
OPEN FORUM, VISITORSs
(Consideration of Items not on Agenda - 15 Minutes)
�� � � �
Ordinance Adopting the Prevailing Hours of Labor and
Prevailing Wag� Rate on Certain Projects for or
Within the City . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9.01 - 9.03
NEW BUSINESS•
Variance Request, VAR #97-04, by Jim Driessen of
Medtronic, 1nc., to allow a sigr� to be displayed above
a public right-of-way, generall�y located at 7000 Central
Avenue,N.E.(Ward2) .. ...........................10.01-10.19
FRIDLEY CITY COUNCIL MEETlNG OF MAY 5_ 199�
NEW BUSINESS (CONTINUEDI•
Informal Status Reports
ADJOURN•
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..............................11.01
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FRIDLIEY Ci�� CGJy�i�. M[E�Tih'G 01� �iay 5, 1997
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FR101EY
77�e City of Fridley will not discriminate against or harass anyone in ihe admission or access to, or [reatment, or employment
,; in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status,
sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals
with disabitities to participate in any of Fridley's services, programs, and activities. 1�earing impaired persons who need an
� interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 57?-3500 at least one
week in advance. (TTD/572-3534)
� PLEDGE OF ALI.EGIANCE.
� PROCLAMATION:
Public Works Week May 11 - 17, 1997 ;. ,ti,�-�-"�'�`� �
'�� _�
Veterans' Buddy Poppy Day May 16, 1999i�
CITYCOUNCIL MEETING:
� APPROVAL OF MINUTES-
City Council Meeting of April 28, 1997
� �2/
��� `-„'�rr-e�"
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Appointment: City EmployeeS . . . . . . . . . . . . . . . . . . . . . . 5.0�
Claims
Licenses
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-••- f,• f;< -••...••-•••..._..�.�1
--•-..�.,f`� ............. .......7_Oi-7.06 .
Estimates . . . . �/ • • • 8•01
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�1DOPTION OF AGENDA:
�n�,,� .�� °�t,t.�� �- '�`-� ,
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OPEN FORUM. VISITORS: L
cond Reading of an Ordinance Extendi�g the Moratorium
Multi-Bay Warehouse or Similar Trucking Based Produd
tribution Facilities in I�dustrial Zoning Distrids . _ . . . . . . . _ _ 1.01 - 1_02
� �,�_ �-
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dEVN BUSINES :
(Consideration of Items not on Age�da - 15 Minutes) ��
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�d_'^�.."`
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P
OLD BUSINESS: G��"��-- °""`" ,
L�--�cr._��
Ordinance Adopting the Prevaiting Nours of Labor and
Prevailing Wage Rate on Certain Projects for or ,
Within the City . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9.01 - 9.03
First Reading of an Ordinance Extending �;,� ��,�(,�.�
Telecommunication Facility Moratorium to ' �c�%"- ° - ��� l"'''y`�`-'�'•C�-`�(" � '
Oecember31,1997---------��----•-�---------.._2.01-2A2� v�--�c-��''"`'s�C_%y��-�-`� .,,
l� ��i , �� :�-C��� /��'/L%' -j�` , �Le�%� '`yG `�c� _
� �fy���. NEW BUSINESS:
Variance Request, VAR #97-04, by Jim Oriessen of '
Establish Public Hearing for May 19, 1997 on Medtro�ic, I�c., to allow a sign to be displayed above
' a public right-of-way, generally located at 7000 Cent�al
Proposed Ame�dment to Section 11_01 of the Avenue, N_E_ (Ward 2) . . . . . . . . . . . . . . . . . . . . . . . . 10.01 - 10.19.
FridleyCityCha�ter --�---�-�--•---------•--•-----3A1-3_07 .z� cy,�yr� S-��i'__`' G"
,� --,�-� �- ���� � `� � � -.
Informal Status Reports . -._ � . -. 11.p1
�?.y7/t�-�,,.z^� �� /�S ""`� c��'
Resolution in Support of an Application for a Minnesota AQ���. J
Lawful GambGng Premise Permit io Spring Lake Park
Lions Club 4.01 - 4.0? � � `� � � �
�' --��'� ;��c�� ��' �
PVI3LIC Wc�RKS W��K
May 11-1 �, 1997
WHEREAS, public works services provided in our community are an integral
part of the every day lives of our citizens; and,
WHEREAS, the support and understanding of a� informed citizenry is vital to
the efficient operation of public works systems such as water, sewers, streets,
highways, parks, public buildings, and snow removal; and,
WHEREAS, the health, safety and comfort of this community greatly depends
on these facilities and services; and,
¢
WHEREAS, the quality and effectiveness of these facilities, as well as their
planning, design, maintenance, and construction is vitally dependent upon the
efforts and skills of public works personnel; and,
WHEREAS, the efficiency of the qualified and dedicated personnel who staff
public works departments is materially influenced by the people's attitude and
understanding of the importance of the work they perform,
NOW THEREFORE, BE IT RESOLVED, that i, Nancy J. Jorgenson, Mayor
of the City of Fridley, here�y proclaim May 11 through 17, 1997, as:
PVi3L1C Wt�RKS V1/��K
in the City of Fridley, and call upon a!I citizens and civic organizations to
acquaint themselves with the problems involved in providing public works
services, and to recognize the contributions Public Works Department
personnel make every day to our health, safety and comfort.
IN WITNESS WHEREOF, I have
hereunto set my hand and caused
the seal of the City of Fridley to be
affixed this 5th day of May, 1997.
Nancy J. Jorgenson, Mayor
VETERANS' BUDDY POPPY DAY
May 16, 1997
WHEREAS, the anrircal sale of Buddy Poppies by the Veterans of Foreign Wars of the United
States has been offirially recognized and endorsed bygovernmental leaders since 1922; and
�HEREAS, V�W Buddy Poppies are assembled by disabled veterans, and the proceeds of this
worthy fund-raising campaign are sued exclusively to ben�t disabled and needy veterans, and
the widows and orphans of deceased veterans; and,
�HEREAS, the basic purpose of the annrzal sale of Buddy Poppies by the Veterans of Foreign
�ars is eloquently reflected in the desire to "Honor the Dead by Helping the Living';
NOT�, THEREFORE, BE IT RESOLVED that 1; Nancy J. Jorgenson, Mayor of the City of
Fridley, do hereby proclaim May 16, 1997, as
VETERAMS' BUDDY POPPY DAY
in the City of Fridley, and urge the residents of Fridley to recognize the merits of this cause by
contributinggenerously.to its support by purchasing Buddy Poppies on the day set aside for the
distribution of these symbols of appreciation for the sacrifices of our honored dead.
I urge all patriotic citizens to wear a Buddy Poppy as mute evidence of our gratitude to the men
and women of this country 4vho risked their lives in defense of the freedoms which we continue
to enjoy as American citizens.
IN WITNESS 1X�HEREOF, I have set my hand
and caused the seal of the City of Fridley to be
a}��d this srh day ofMay, 1997.
NANCY J. JOR GENSON, MA YOR
THE MINUTES OF THE REGUZAR MEETING OF THE FRIDLEY CITY COUNCIL OF
APRIL 28,1997
The Regular Meeting of the Fridley City Council was called to order
by Mayor Jorgenson at 7:38 p.m.
PLEDGE OF ALLEGIANCE:
Mayor Jorgenson led the City Council and audience in the Pledge of
Allegiance to the Flag.
ROLL CALL•
MEMBERS PRESENT: Mayor Jorgenson, Councilman Barnette,
Councilman Billings and Councilwoman Bolkcom
MEMBERS ABSENT: Councilman Schneider
PROCI�MATION:
DAYS OF RENIEI�RRANCE OF THE VICTIMS OF THE HOLOCAUST
MAY 4 - 11, 1997:
Mayor Jorgenson read and issued a proclamation proclaiming the week
of May 4 through 11, 1997 as Days of Remembrance of .the Victims of
the Holocaust. In memory of the victims, the survivors, and their
liberators, the citizens of Fridley should strive to overcame
intolerance and indifference throu.gh learning and remembrance.
1. CONTINUATION OF THE BOARD OF REVIEW:
MOTION by Councilman Barnette to re-open the Board of Review
meeting. Seconded by Councilwoman Bolkcom. Upon a voice vote, all
voting aye, Mayor Jorgenson declared the motion carried unanimously
and the Board of Review re-opened at 7:40 p.m.
Mr. Hervin, City Assessor, stated that at the last meeting,
Mr. Schindel, 6270 Riverview Terrace; Mr. Fyksen, 7518 Stinson
Boulevard; and Ms. Delaney, 6250 Riverview Terrace were protesting
the values placed on their properties. The othe� protest was from
Mr. Sorenson, which was handled at the April 14 meeting.
Mr. Hervin stated that Mr. Schindel telephoned and stated that he
would not be submitting any further information regarding the value .
placed on his property. He has not heard from Mr. Fyksen. A
letter was sent to Ms. Delaney advising her that she could present
information to the Board. None of these property owners were in
attendance at this meeting.
CITY COUNCIL MEETING OF APRIL 28, 1997 PAGE 2
Councilman Barnette stated that he spoke with Mr. Schindei. After
receiving information from staff he felt comfortable with the value
placed on his property.
MOTION by Councilwoman Bolkcom to re-affirm the value of $183,500
placed on the property at 6270 Riverview Terrace. Seconded by
Councilman Barnette. Upon a voice vote, all voting aye, Mayor
Jorgenson declared the motion carried unanimously.
MOTION by Councilman Barnette to re-affirm the value of $105,400
placed on the property at 7518 Stinson Boulevard. Seconded by
Councilman Billings. Upon a voice vote, all voting aye, Mayor
Jorgenson declared the motion carried unanimously.
MOTION by Councilwoman Bolkcom to re-affirm the value of $154,700
placed on the property at 6250 Riverview Terrace. Seconded by
Councilman Billings. Upon a voice vote, all voting aye, Mayor
Jorgenson declared the motion carried unanimously.
MOTION by Councilman Billings to adjourn the Board of Review for
1997. Seconded by Councilwoman,Bolkcom. Upon a voice vote, all
voting aye, Mayor Jorgenson declared the motion carried unanimously
and the Board of Review Meeting adjourned at 7:45 p.m.
APPROVAL OF MINUTES:
COUNCIL MEETING, APRIL 14, 1997:
MOTION by Councilman Barnette to approve the minutes as presented.
Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting
aye, Mayor Jorgenson declared the motion carried unanimously.
APPROVAL OF PROPOSED CONSEIIT AGENDA:
NEW BUSINE5S:
2. RESOLUTION N0. 33-1997 MODIFYING THE REDEVELOPMENT PLAN FOR
REDEVELOPMENT PROJECT N0. 1 AND THE TAX INCREMENT FINANCING
PLANS FOR fiAX INCREMENT FINANCING DISTRICTS NOS. T-3, 6, 7 AND
9-14, TO REFLECT INCREASED PROJECT C�STS WITHIN REDEVELOPMENT
PROJECT N0. 1, AND CREATING TAX INCREMENT FINANCING DTSTRICT
NO. 15 �ND ADOPTING A TAX INCREMENT FINANCING PLAN RELATING
THERETO: (MINNESOTA COMMERCIAL RAILWAY COMPANY) (WARD 1):
Mr. Burns, City Manager, stated that this property is in the
Northco Business Park alonq University Avenue, north of
Columbia Arena. The TIF request is for a$125,000 grant and a
$125,000 loan to be used for soil correction and site
clearance.
Mr. Burns stated that this project would involve the
construction of a 57,980 square foot building for use in
CITY COUNCIL MEETING OF APRIL 28, 1997 _ PAGE 3
transferring steel from rail cars to trucks. It is believed
that the project will benefit severai other Fridley
industries, such as Onan and Kurt Manufacturing, who are major
steel users.
Mr. Burns stated that the HRA approved the TIF district, and a
public hearing was held before the City Council on April 14
with no negative comments. Both Anoka County and the school
district have been notified with no comments received.
ADOPTED RESOLUTION NO. 33-1997.
3. FIRST READING O�' AN ORDINANCE ESTABLISHING BY INTERIM
ORDINANCE UNDER THE PROVISIONS OF MINNESOTA STATUTES SECTION
462.355, AN EXTENSION TO A PREVIOUSLY ESTABLISHED MORATORIUM,
WTTHIN THE CITY OF FRIDLEY ON CONSTRUCTION OR EXPANSION OF
MULTI-BAY WAREHOUSE OR SIMILAR TRUCKING-BASED PRODUCT
DISTRIBUTION FACILITIES:
Mr. Burns, City Manager, stated that the original moratorium
was established at the January 27, 1997 City Council meeting.
The purpose of the moratorium was to allow time for study of
zoning issues related to warehouse/distribution faeilities
located near residential areas. The extension would add
another 60 days to the original 120 days to allow time for
Planning Commission and Council action on the newly created
M-4 district.
WAIVED THE READING AND APPROVED THE ORDINANCE ON FIRST
READING.
4. RESOLUTION NO. 34-1997 APPROVING A FINAL PLAT, P.S. #97-01,
OSBORNE CONIl��RCE CENTER iSTEINER DEVELOPMENT TO REPLA'I
GENERALLY LOCATED AT 193-223 OSBORNE: ROAD
Mr. Burns, City Manager, stated that this action establishes a
second industrial lot to the west of Gazda Moving and Storage
on property located near the intersection of Osborne Road and
Commerce Lane. The newly created parcel will accommodate a
50,000 square foot office/warehouse building that is to be
constructed this spring and summer. Cross parking and access
easements will be recorded between the new parcel and the
Gazda parcel, giving users of both parcels access to Osborne
Road via a common driveway. Both parcels exceed the area
requirements specified in our M-2 zoning requirements. The
preliminary plat request was approved by Council at their
March 31, 1997 meeting.
ADOPTED RESOLUTION NO. 34-1997.
CITY COUNCIL MEETING OF APRIL 28, 1997 PAGE 4
5.
�
RECEIVE BIDS AND AWARD CONTRACT FOR CENTRAL AVENUE
BIKEWAY WALKWAY, PROJECT NO. ST. 1994-9 (WARD 2):
Mr. Burns, City Manager, stated that ten bids were received
for this project. The low bidder was Hardrives, Inc. in the
amount of $241,058.50. In addition to the cost for
construction of the bikeway, there is an estimated cost of
$44,357 for the purchase of a bridge to be used to span Rice
Creek. There is also a cost of approximateTy $25,000 for
design and installation of bridge abutments and setting the
bridge. These wiil be bid as separate items.
Mr. Burns stated that the total cost for the project is
estimated at $310,000. It is recommended that this amount be
funded from balances remaining in the street section of the
capital improvements fund with the expectation that the amount
will be eligible for MSA reimbursement.
Mr. Burns stated it is recommended that the bid be awarded to
Hardriv.es, Inc. in the amount of $241,058.50.
RECEIVED THE FOLLOWING BIDS FOR THE CENTRAI� AVENUE
BII�WAY/WALKWAY, PROJECT NO. ST. 1994-9: Hardrives, Inc.,
$241,058.50; Expert Asphalt, $241,253.00; Forest Lake
Contracting, $258,602.40; Barber Construction Co.,
$265,411.66; Jay Bros., Inc., $267,742.00; Midwest Asphalt,
$275,014.20; Frattalone Paving, Inc., $281,683.00; Valley
Paving, Inc., $310,368.95; Lan-Dar, Inc., $336,292.50; and
Bituminous Roadways, $365,871.50.
CONTRACT AWARDED TO THE LOW BIDDER, HARDRIVES, INC. IN THE
AMOUNT OF $241,058.50.
CONSIDERATION OF COMPENSATION AND BENEFIT PACKAGE FOR
ASSISTANT FINANCE DIRECTOR:
Mr. Burns, City Manager, stated that Council formally
appointed Ms. Susan Lemieux to the position of Assistant
Finance Director on February 24,1997. The o�iginal
appointment was at range 8, step 1; however, there are
circumstances justifying the modification of this person's
compensation package to range 8, step 4. It is also
recommended that she be given a beginning annual leave balance
of eighteen days.
Mr. Burns stated that since coming to Fridley, Ms. Lemieux has
demonstrated that she is a very capable employee whose skills
match our needs very well. These changes, while
extraordinary, are in the best interests of the City and
consistent with the money budgeted for this position in the
1997 budget.
CITY COUNCIL MEETING OF APRIL 28, 1997 PAGE 5
APPROVEIj THE COMPENSATION AND BENEFIT PACKAGE FOR THE
ASSISTANT FINANGE DIi2ECTOR, MS. SUSAN LEMIEUX.
7. RESOLUTION NO. 35-1997 AWARDING THE SALE OF THE CITY'S
$9,575,000 GENERAL �BLIGATION TAX INCREMENT REFUNDING BONDS,
SERIES 1997-A AND PROVIDING FOR THEIR ISSUANCE:
Mr. Burns, City Manager, stated that Council initiated the
sale of $9,575,000 in General Obligation Tax Increment
Refunding Bonds at their March 31, i997 meeting.� Council also
initiated the sale of $1,175,000 in General Obligation Water
Revenue bonds.
Mr. Burns stated that since that time, the City has sought
bids on the tax i�crement bonds but not on the water revenue
bonds. After further study, it was determined there was no
savings to be gained from the sale of the.water revenue bonds.
The City, however, can save approximately $1,�l00,000 by
calling the current tax revenue bonds and selling a new bond.
issue.
Mr. Burns stated that bids were opened this morning by
Springsted, Inc. They were as follows:
Bidder
Dean Witter
Cronin
Norwest
Baird
Dain
First of America
Piper
Wm. Hough
Griffin
First Union Capital Markets
Net Interest Cost
5.117821$
5.127201�
5.149598$
5.164283�
5.152747�
5.154448�
5.171534$
5.218102�
5.231982$
�.233042$
Mr. Burns stated that the bonds were originally issued by the
City on behalf of the HRA for a variety of projects, including
Moore Lake Commons and Lake Pointe. The actual interest
savings have been re-calculated at $1,397,804.91. Staff
recommends that the bid be awarded to the low�bidder, Dean
Witter at a net interest rate of 5_117821 percent. The bonds
are due to mature in the year 2009.
ADOPTED RESOLUTION NO. 35-1997 AWARDING THE BID TO DEAN WITTER
AT A NET iNTEREST RATE OF 5.117821 PERCENT..
8. CLAIM5:
AUTHORIZED PAYMENT OF CLAIM NOS. 73975 THROUGH 74205.
CITY COUNCIL MEETING OF APRIL 28, 1997 PAGE 6
9. LICENSES:
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
10. ESTIMATES:
APPROVED THE ESTIMATES, AS FOLIAWS:
Newquist & Ekstrum, Chartered
301 Fridley Plaza Office Building
6401 University Avenue N.E.
Fridley, MN 55432
Services Rendered as City Prosecuting
Attorney for the Month of February, 1997 ..$15,120.00
No persons in the audience spoke regarding the consent agenda
items.
MOTION by Councilman Billings to remove all the Licenses, Item 9,
from the consent agenda and place them on the regular agenda.
Seconded by Councilman Barnette. Upon a voice vote, all voting
aye, Mayor Jorgenson declared the motion carried unanimously.
MOTION by Councilman Barnette to approve the consent agenda items,
with the exception of the Licenses, Item 9. Seconded by Councilman
Billings. Upon a voice vote, all voting aye, Mayor Jorgenson
declared the motion carried unanimously.
ADOPTION OF AGENDA:
MOTION by Councilwoman Bolkcom to adopt the agenda, with the
addition of the Licenses, Item 9, from the consent agenda.
Seconded by Councilman Billings. Upon a voice vote, all voting
aye, Mayor Jorgenson declared the motion carried unanimously.
OPEN FORUM, VISITORS:
MR. HALUSKA, 5660 ARTHUR STREET - TRAFFIC CONCERNS:
Mr. Haluska, 5660 Arthur Street, addressed Council regarding
traffic safety on his street. There is a tremendous amount of
traffic on Arthur Street between North Danube Road and Gardena
Avenue, a sufficient amount whi.ch is generated by Totino-Grace High
School. Traffic generally starts about 5:55 a.m., and he has
counted 110 vehicles between the hours of 7:00 to 7:30 a.m.
Mr. Haluska stated that three school buses, that were driving
through the neighborhood, were included in these 110 vehicles. He
can see no reason for the buses to travel in the neighborhood if
they are not picking up or dropping off students. The buses and
CITY COUNCIL MEETING OF APRIL 28, 1997 PAGE 7
cars never stay on their own side of the road, and it is an unsafe
situation. One of the worst offenders was the Anoka County
Traveler. Most drivers are exceeding the speed limit because they
are late for school, and a lot of vehicles have their stereos
blasting.
Mr. Haluska stated that the traffic count was done after three.days
of protest. He has been in contact with the Police Chief who
stated that he would address this issue with the principal of
Totino-Grace High School. Mr. Haluska stated that the situation is
extremely unsafe for bikers and walkers. Everyone else is trying
to dodge this traffic because Arthur Street is a narrow resi.dential
street. He requested that several stop signs�be installed at
Arthur Street and North Danube Road. This would force traffic to
stay in their own lane as they proceed through the intersection.
Mr. Haluska stated that he has had his mailbox knocked down three
times, and vehicles have slid into his yard making it unsafe for
his children. He hoped that Council would install stop signs at
Arthur Street and North Danube Road and also control traffic
leaving the Totino-Grace High School back parking lot. If Council
would address this issue it may be resolved so that residents can
enjoy their neighborhood.
Mayor Jorgenson stated that Totino-Grace High School wouid be
contacted as well as the bus companies and the Anoka County
Traveler. She also suggested that a laser speed unit and the
request for stop signs be reviewed.
PUBLIC HEARINGS:
11. PUBLIC HEARING ON AN OFF-SALE BEER LICENSE TO KWIK STOP-N-
SHOP, INC., 315 OSBORNE ROAD N.E. (WARD 1):
MOTION by Councilman Barnette to waive the reading of the public
hearing notice and open the public hearing. Seconded by
Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor
Jorgenson declared the motion carried unanimously, and the public
hearing opened at 8:08 p.m.
Mr. Pribyl, Finance Director, stated that an off-sale beer license
was requested by Halim Zerka for Kwik Stop-n-Stop, 315 Osborne
Road. The public hearing is to receive coinments from the public,
and the applicant has been notified to be in attendance.
Mayor Jorgenson stated that this is a change of ownership, and
there has been a beer license issued before for this location.
No persons in the audience spoke regarding this off-sale beer
license.
CITY COUNCIL MEETING OF APRIL 28, 1997 PAGE 8
MOTION by Councilman Billings to close the public hearing.
Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting
aye, Mayor Jorgenson declared the motion carried unanimously and
the public hearing closed at 8:10 p.m.
NEW BUSINESS:
12. FIRST READING OF• AN ORDINANCE RECODIFYING THE FRIDLEY CITY
CODE, CHAPTER 205, ENTITLED "ZONING", BY AMENDING SECTIONS
205.17.OS.D.(6), 205.18.OS.D.(6), 205.19.05.D.(6), ADDING
SEGTION 205. 20 (M-4 M1�NIJFACTURING ONLY) , AND RENUMBERING
CONSECUTIVE SECTIONS:
Mr. Hickok, Planning Coordinator, stated that a public hearing was
held by Council at their last meeting. Increased complaints
regarding truck traffic, noise, and odors have initiated this
proposed ordinance amendment to create stricter standards for
industrial lots located on corner lots across from residential
districts or uses.
Mr. Hickok stated that there are seventeen distribution/warehouse
facilities in the City amounting to a total square footage of
2,784,004 or 63.91 acres. Some facilities have expansion options.
The goal of this ordinance is to reduce the impact of truck traffic
on residential properties, increase job opportunities and economic
value, permit current uses, and eliminate outdoor storage.
Mr. Hickok stated the ordinance requires that on corner lots across
from a residential district, no loading docks shall face the public
right-of-way in M-1, M-2, and M-3 zoning districts and adds an M-4
zoning district. The Planning Commission recommended a separate
hearing process for properties to be rezoned to M-4.
MOTION by Councilman Barnette to waive the reading and approve the
ordinance on first reading. Seconded by Councilman Billings. Upon
a voice vote, all voting aye, Mayor Jorgenson declared the motion
carried unanimously.
13. RESOLUTION NO. 36-1997•MODIFYING THE REDEVELOPMENT PLAN FOR
REDEVELOPMENT PROJECT NO. 1 AND THE TAX INCREMENT FINANCING
PLANS FOR TAX INCREMENT FINANCING DISTRICTS NOS. 1-3, 6, 7,
AND 9-15 TO REFLECT INCREASED PROJECT AREA AND INCREASED
PROJECT COSTS WITHIN REDEVELOPMENT PROJECT NO. l, AND CREATING
A TAX INCREMENT FINANCZNG DISTRICT NO. 16 AND ADOPTING A TAX
INCREMENT FINANCING PLAN RELATING THERETO:
Ms. Dacy, Community Development Director, stated that this is a
request to create a tax increment financing district in order to
provide assistance for a redevelopment project and to add a site to
the redevelopment program. The project area also includes the 57th
Avenue right-of-way for street and landscaping improvements.
CITY COUNCIL MEETING OF APRIL 28, 1997 PAGE 9
Ms. Dacy stated that the developer is acquiring five sites, will
demolish a single family home in order to construct an 8,000 square
foot strip mall, and renovate a former tire center into a Goodyear
Service Center. .The total cost of the project is $1,566,200, with
about $400,000 for acquisition, demolition, and site preparation.
Ms. Dacy stated that the proposed district has a maximum duration
of 25 years. The County and school district have been notified,
with no comments received to date. There will be no LGA/HACA loss
to the City as a result of creating the district. The proposed tax
increment financing plan elects the "local contribution" instead of
the LGA/HACA loss.
Ms. Dacy stated that the HRA is evaluating a pay-as-you-go
assistance package for $175, 000 with a note to be repaid from the
increment over twelve years. The HRA approved the resolution
modifying the redevelopment project but failed to authorize
preparation of a development contract on a tie vote. This issue
will again be before the HRA at their May meeting.
Ms. Dacy stated that the Appeals Commission recommended approval of.
the variances, which is the next agenda item to be considered by
Council.
Ms. Dacy stated that the purpose of the expansion of the project
area is to enable the HRA to contribute toward the 57th Avenue
reconstruction plan. It is contemplated that the HRA would.
contribute fifty percent of the street light and landscaping/
irrigation costs for the project.
Mr. Linn, the developer, stated that he does not have anything to
add; however, he would be happy to. answer any questions _from
Council.
MOTION by Councilwoman Bolkcom to adopt Resolution No. 36-1997.
Seconded by Councilman Barnette. Upon a voice vote, all voting
aye, Mayor Jorgenson declared the motion carried unanimously.
14. CONSIDERATION OF VARI3�NCE REQUEST, VAR #97-03, BY STEVE LINN,
TO REDUCE THE BUILDING SETB�CK FROM THE PUBLIC RIGHT-OF-WAY
FROM 35 FEET TO 16 FEET; TO REDUCE THE REQUIRED NUMBER. OF
PARKING STALLS FROM 54 TO 47; TO REDUCE THE HARD SURFACE
SETBACK FROM THE PUBLIC RIGHT-OF-WAY FROM 20 EEET TO 3 FEET;
TO REDUCE THE HARD SURFACE SETBACK FROM THE BUILDING FROM
5 FEET TO 0. FEET; TO REDUCE THE TWO-WAY DRIUE AISLE WIDTH FROM
25 FEET TO 24 FEET; TO REDUCE THE ONE-WAY DRIVE AISLE WIDTH
FROM 18 FEET TO 13 FEET; ALL TO ALLOW THE CONSTRUCTION OF AN
8,000 SQUARE FOOT RETAIL CENTER, GENERALLY LOCATED AT 218 57TH
PLACE N.E. (WA.RD 3):
Ms. Dacy, Community Development Director, reviewed the six
variances included in this request. The number of parking stalls
CITY COUNCIL MEETING OF APRIL 28, 1997 PAGE 10
is 47, rather than 48. This site is at the northeast corner of.
57th Avenue and Main Street.
Ms. Dacy stated that the subject parcel is 140 feet by 240 feet and
surrounded on three sides by public rights-of-way. If the
appropriate building setbacks are applied, a buildable area of 70
feet by 180 feet results. If the hard surface setbacks are applied
it is possible to construct a 60 foot by 70 foot building and
thirty parking spaces on the site. This is approximately half of
the proposed development, and some type of variances are required
for development of this site.
Ms. Dacy stated that
completed was updated.
proposed development
numbers indicated in
improvement project f
include reworking the n
Holiday Foods entrance
roadway would increase
the 1996 traffic study which Home Depot
It has been determined by BRW that this
will have minimal impact to the traffic
1996. The traffic study suggested an
or 57th Avenue. This improvement would
iedian between University Avenue and the main
and adding an additional lane so that the
from four to five lanes.
Ms. Dacy stated that 57th Avenue is a County/state. aid highway and
the County has reviewed the plans. Staff has met with traffic
engineers from the County to review the construction of the
proposed development. The County has required that the proposed
development share a driveway entrance with Burger King and line up
with the existing main Holiday Foods ent�rance. A second driveway
to the proposed retail center will be permitted provided that it is
located on the common lot line as indicated on the site plan dated
March 14, 1997.
Ms. Dacy stated that the petitioner has submitted a grading and
drainage plan. However, as there is no storm sewer available on
the west end of 57th Avenue, this plan is incomplete. Temporary
ponding may occur in the parking lot, but storm water will not be
allowed to exit onto 57th Place, as there are already drainage
problems on that street. Grading and drainage plans will need to
be re-submitted prior to issuance of a building permit to comply
with the City Engineer's comments in his April 4, 1997 memorandum.
Ms. Dacy stated that the petitioner has submitted a landscape plan
that needs to be amended to include five evergreen trees. In
regard to the fencing, a majority of the neighbors, preferred a
board-on-board fence with a scrolled top.
Ms. Dacy stated that the building is to be constructed of smooth
concrete block with a rock faced block base and a standing seam
metal roof, green in color. There will be green canopies above the
glass store fronts with a sign band for individually lettered
signage. The grout on the concrete block should be a different
color form the block itself to give the appearance of brick texture
consistent with the brick Goodyear building to the east.
CITY COUNCIL MEETING OF APRIL 2$, 1997 PAGE 11
Ms. Dacy stated that after the Appeals Commission considered this
variance, the petitioner prepared a plan which combines the
existinq easterly driveway of the Goodyear site with the westerly
driveway of the Burger King site. The owner of the Burger King
Site, Mr. Biglow, and the tenant, have agreed to share the driveway
and to work out the details based on the plan the developer
prepared dated April 9, 1997. An amended stipulation to address
these circumstances is proposed. There is also a inirior.-amendment
to Stipulation 7 regarding future assessments.
Ms. Dacy stated that the Appeals Commission unanimously recommended
approval of the variances with stipulations.
Ms. Dacy stated that the stipulations have been reviewed with the
petitioner, and he is in agreement.
Councilwaman Bolkcom asked about the drainage.
Mr. Flora, Public Works Director, stated that water would be
temporarily held in the parking lot until the improvement of 57th
Avenue is completed.
Councilman Billings stated that in Stipulation 7, since the road is
not designed at this time, it may be prudent to add the words "but
not limited to" to cover any improvement costs which would be
assessed to the property owner.
Councilman Billings asked Mr. Linn how he felt the shared driveway
with Burger King would work for his project.
Mr. Linn stated that the initial design did not work well, but he
felt this shared driveway would be good, not only for them, but
also for Burger King and the City. Trucks would be able to
maneuver, and this satisfied his concerns.
MOTION by Councilwoman Bolkcom to grant Variance Request, VAR
#97-03, with the following stipulations: (1) the petitioner shall
construct the screening fence along the rear of the property (57th
Place) in the following manner: a six foot high board-on-bard
fence with a wooded top (fencinq sample "A"); (2) the petitioner
shall submit a revised grading and drainage plan complying with the
City Engineer's comments dated April 4, 1997; (3) the petitioner
shall construct a shared driveway with Burger King, as shown on the
plan dated April 9, 1997, and execute the necessary private
agreements for maintenance, cross access, and construction prior to
building permit issuance. If, for any�reason, the adjacent owner
refuses to consent to the shared driveway, the petitioner :may
construct a separate driveway under the following conditions: (a)
approval is obtained from the Anoka County Public Works Department;
and (b) the owner of record of the subject parcel must cooperate in
combining/sharing the driveway with traffic from Burger King or any
other use from the adjacent lot to the east at the time S7th Avenue
CITY COUNCiL MEETING OF APRIL 28, 1997 PAGE 12
is reconstructed. The westerly driveway on 57th Avenue shall be
constructed 230 feet east of Main Street centered on the lot line
between the strip mall and the Goodyear.Service Center; {4) the
petitioner shall submit a revised landscape plan which includes
five evergreen trees. The landscape plan shall include underground
irrigation. Parking lot screeninq shall consist of a tightly-
planted hedge o� a low rock face block wall matching the building;
(5) the building design shall be that indicated on plans dated
March 14, 1997. This includes: (a) standing seam metal roof, green
in color, flashing to also be green; (b) green canopies over the
glass store fronts; (c) green glazed tile inserts; (d) accent
building lighting, brown tone in color, lights shall be approved by
staff prior to building permit issuance; and (e) light tan smooth
concrete block with darker rock face block base. The grout color
shall be different than the block color; (6) tenant signage shall
be ind�vidually internally lit letters. Signage shall be located
on the sign band indicated on the drawing, A3, dated March 14,
1997. If more than two tenants, a comprehensive sign plan shail be
approved by the City Council prior to issuance of sign permits; and
(7) the petitioner shall agree to pay the assessments resulting
from the 57th Avenue reconstructiori plan, including, but not
limited to, extension of the storm sewer, decorative lighting, and
landscaping and irrigation. Seconded by Councilman Billings. Upon
a voice vote, all voting aye, Mayor Jorgenson declared the motion
carried unanimously.
15. CONSIDERATION OF CHANGE ORDER NO. 1 FOR WATER TREATMENT PLANT
NO. 3, PROJECT NO. 293:
Mr. Flora, Public Works Director, stated that this change order
includes the modification of the parking lot to satisfy code
requirements, the removal and replacement of the concrete curb and
gutter, and street paving on 73-1/2 Avenue to improve the street.
alignment, additional cost for the brick pattern for the building,
the relocation of the radio antenna, and the addition of the
drainage and temperature sensors in the building. The change order
also includes a deduction for the City's effort in staking the
project. The total amount of the change order is $10,336.00.
MOTION by Councilman Barnette to authorize Change Order No. 1 for
water treatment plant No. 3, Project No. 293 with Richmar
Construction in the amount of $10,336.00. Seconded by Councilman
Billings. Upon a voice vote, all voting aye, Mayor Jorgenson
declared the motion carried unanimously.
15A. LICENSES:
MOTION by Councilman Billings to approve the licenses as submitted
and as on file in the License Clerk's Office, with the exception of
the liquor licenses. Seconded by Councilwoman Bolkcom. Upon a
voice vote, all voting aye, Mayor Jorgenson declared the motion
carried unanimously.
CITY COUNCIL MEETING OF APRIL 28, 1997 PAGE 13
MOTION by Councilman Billings to approve all the liquor licenses as
submitted and as on file in the License Clerk's Office, with the
exception of the liquor license for Sharx Sports Bar. Seconded by
Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor
Jorgenson declared the motion carried unanimously.
16. CONSIDERATION OF RENEWAL (EXTENSION) OF A LIQUOR LICENSE FOR
SHARX CLUB
AND
CONSIDERATION OF ESTABLISHING A PUBLIC HEARING ON REVOCATION
OF A LIQUOR LICENSE FOR SHARX CLUB (WARD 3):
MOTION by Councilwoman Bolkcom that the liquor license currently in
effect for the business known as Sharx Night Club located in the
City of Fridley is set for review on April 30, 1997. That the
Fridley Police Department has in a memorandum dated April 22, 1997,
copied to the Council, staff and the owners of the aforesaid
business, raised significant concerns of the sort as would cause
the City Council to revoke or suspend such a licenses. That
Fridley City Code Section 603.17 expressly gives the holder of a
liquor license in the City the right to a public hearing and ten
days notice prior to actual suspension or revocation, the City
Council resolves that a hearinq be set for the aforesaid liquor
license on May 19, 1997 to consider the renewal/revocation of that
license. Further, that the current liquor license for the premises
shall be temporarily extended until May 19, 1997. The City Council
may, on that date, either qrant the renewal, suspend or revoke the
license, or take such other action that it, upon due. hearing and
consideration of the testimony and evidence before it, in its
discretion determines to be just and appropriate in the
circumstances. Seconded by Councilman Billings. Upon a voice
vote, all voting aye, Mayor Jorgenson declared the motion carried
unanimously.
17. INFORMAL STATUS REPORTS:
Mr. Burns, City Manager, stated that at the conference session he
would like to discuss the point-of-sale inspection program,
systematic code administration/enforcement, and the prevailing wage
ordinance.
Councilwoman Bolkcom reminded everyone of the Values First concert
on Thursday, May l.
Mayor Jorgenson stated that there would be a meeting tomorzow night
at the Municipal Center from 6:00 p.m. until 9:00 p.m. regarding
the Fridley Parent Communications Network.
Mr. Flora, Public Works Director, stated that on Friday, May 2,
there would be a ceremony for the closing of the dam and the
filling of Locke Lake.
CITY COUNCIL MEETING OF APRIL 28, 1997 PAGE 14
Councilman Barnette stated that there was a press conference held
for the new Fridley Community Center. A presentation was given by
the fund raising committee headed by Scott Lund and Jack Kirk.
Their goal is to raise funds to purchase furnishings for the
center. He said that $330,000 is needed, and contributions have
been received from several organizations, as well as individuals.
He urged Councilmembers to consider a gift of $100 or more as about
$56,000 has been raised so far. If anyone would like to contribute
they should contact Jack Kirk or Scott Lund. For those who
contribute $100 or more, their name will be in the Hall of Fame at
the center. Councilman Barnette stated that this project has been
talked about for many years. Finally, the City is going to have a
community center that will meet the needs of all ages.
ADJOURNMENT:
MOTION by Councilman Barnette to adjourn the meeting.
Councilwoman Bolkcom. Upon a voice vote, all votin
Jorgenson declared the motion carried unanimously, and
Meeting of the Fridley City Council of April 28, 1997
8:52 p.m.
Respectfully submitted,
Carole Haddad
Secretary to the City Council
Seconded by
g aye, Mayor
the Regular
adjourned at
Nancy J. Jorgenson
Mayor
MEMORANDUM
PLAl��TING DIVISION
DATE: April 24, 1997
TO: William W. Bums, City (Vlanager �'j �� �
FROM: Barbara Dacy, Community Development Director
Scott J. Hickok, Planning Coordinator
Michele McPherson, Planning Assistant
RE: Second Reading of an Ordinance Extending the Moratorium on
Multi-Bay Warehouse or Similar Trucking Based Product
Distribution Facilities in Industrial Zoning Districts
INTRODUCTION
On April 28, 1997 the City Council approved first reading of an ordinance
extending the industrial warehouse/distribution facility moratorium 60 days. The
moratorium was adopted to allow time to review the number and location of
existing warehouse and distribution facilities to determine if the zoning on
remaining vacant land should be amended or changed to another zoning
classification. The purpose of this memorandum is to recommend approval of
second reading, allowing a 60 day extension to the moratorium, thereby ending
the moratorium on July 26, 1997.
COUNCIL ACTION
Approve second reading of the attached ordinance to extend the Industrial Land
Moratorium until July 26, 1997.
1.01
ORDINANCi3 NO.
ESTABLISHINC BY INTERIM ORDINANCE UND$R TH$ PROVISIONS OF
MINNESOTA STATUTES SECTION 462.355, AN EXTENSION TO A PREVIOIISLY
ESTABLISHED MORATORIUM, in12THIN THS CITY OF FRIDLSY ON CONSTRUCTION
OR $XPANSION OF MIJLTI-BAY WAREHOOSi3 OR SIMILAR TRUCKING-BASED
PRODUCT DISTRIBUTION FACILITISS
IT IS HEREBY ORDANED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY,
MINNESOTA:
That the City Council of the City of Fridley, Minnesota, finds
that truck traffic in areas surrounding large facilities in the
City used for warehousing or similar purposes can and has created
a substantial potential for and actual hazard to the health and
safety of the citizens of the City.
That the City Council has found that a study is necessary in order
to determine whether such uses should continue to be permitted in
industrial zones in the City, particularly in instances in which
there is close proximity to residential areas and, if so, under
what conditions or limitations that would adequately protect the
citizens of the City.
That the City Council has determined that additional time shall be
required to complete the study and associated ordinance
amendments.
THEREFORE BE IT ORDAINED:
That the duration of the previously established 120 day moratorium
herein declared be extended 60 days, terminating on July 26, 1997
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY
THIS DAY OF ,1997
ATTEST:
WILLIAM A. CHAMPA - CITY CLERK
First Reading: April 28, 1997
Second Reading:
Publication:
1.02
NANCY J. JORGENSON - MAYOR
MEMO1�.Ai�TDU1Wi
DEVELOPMEi�TT DIRECTOR
DATE: May 1, 1997
TO: William Burn,�, City Manager��� i�� �
FROM: Barbara Dacy, Community Development Director
SUBJECT: Extension of Telecommunication Facility Moratorium to
December 31, 1997
Although significant progress has been made on analyzing the impact of
telecommunication facilities in the City, it is recommended that the moratorium be
extended to December 31, 1997, The extension is necessary for �ree reasons:
1. A Charter amendment is in process to amend the definition of pu6lic utility to include
wireless communication facilities. Because the City Charter prescribes specific
timeframes for adoption, the ordinance will not take effeci unti! October 1; 1997.
2. The extension will provide the City with additional time to finish an ordinance
regulating the facilities and to conduct neighborhood meetings to "pre-approve"
specific sites.
3. The City may also want to determine if it should pursue ownership and operafion of
telecommunication facilities.
This matter has been reviewed with the City Attorney and given the circumstances of
the City's analysis agrees that the extension of the moratorium is necessary. Staff will
continue with an aggressive schedule to complete the required analysis, and if needed,
the moratorium may be removed ea�lier than December 31, '1997.
RECOMMENDATION
Staff recommends that the City Council approve the attached ordinance for first reading
extending the moratorium to December 31, 1997.
BD/dw
M-97-201
2.01
ORDINANCE NO.
ESTABLISiiING BY INTERIM ORDINANCE AN EXTENSION TO A
PREVIOUSLY ESTABLISHED MORATORIUM WITHIN THE CITY OF
FRIDLEY ON THE CONSTRUCTION OF NEW COI�II7NICATION AND
ANTENNA ARRAY TOWERS AND ON THE USE AND DEVELOPMENT OF
PROPERTY FOR SUCH NEW TOWERS THEREBY AMENDING THE CITY
CODE BY ADDING A NEW SECTION FOR THAT PURPOSE
The City Council of the City of Fridley does ordain as follows:
WHEREAS, the City Council of the Ci�y of Fridley, Minnesota finds that it is
necessary to continue the required studies analyzing the impacts of new
communication and antenna array towers in order to prepare appropriate
regulations and to determine the proper location and sites for such
facilities; and
WHEREAS, the City Council has determined that additional time shall be
required to complete the study and associated ordinance amendments; and
WHEREAS, �t has been determined that an amendment to the City Charter is
necessary regarding communication and antenna array towers; and
WHEREAS, the City Charter requires specific timeframes to adopt changes to
the City Charter.
THEREFORE, BE IT NOW RESOLVED that the duration of the previously established
180 day moratorium herein be declared extended to December 31, 1997.
PASSED AND ADppTED BY THE CITY COUNCIL OF Ti� C3TY OF FRIDLEY THIS DAY OF
. 1997.
ATTEST:
WILLIAM A. CHAMPA - CITY CLERK
First Reading:
Second Reading:
Publication:
2.�2
NANCY J. JORGENSON - MAYOR
MEMORANDUM
DEVELOPMENT DIRECTOR
DATE: May 1, 1997
TO: William Burn� City Manager ri� �
Y4�
FROM: Barbara Dacy, Community Development Director
SUBJECT: Estabtish Public Hearing for May 19, 1997 to Amend Section
11.01 of the City Charter
The Charter Commission at its April 28, 1997 meeting approved a request to amend
Section 11.01 of the Ciiy Charter to define °public utilities" to include wireless
communication antennae. The purpose of the Cha�ter amendment is to provide the
legal foundation to enable the City to lease public land and facilities to wirefess
communication providers.
In addition, the amendment will provide the City Council with the flexibility to determine
whether it should pursue ownership and operation of wireless communication facilities.
The proposed amendment simply clarifies what a public utility is and does not dictate to
the.�City Council which utility it should undertake. According to the City Attomey, a . :
referendum must be passed by 2/3 of the voters before the City Council can pass an
ordinance to operate a utility.
The public hearing on the Charter amendment is proposed to be established for May
19, 1997. First reading of the ordinance would be scheduled for June 9, 1997 and
second reading on June 23, 1997. After second and final reading by the City Council
and official publication, an amendment to the City Charter requires a 90 day timeframe
prior to it becoming effective. If within 60 days of publication a petition is signed by a
number of registered voters equaling two percent (2%) of those who voted in the last
general election (13,324 x 2% = 267 signatures required), the Charter amendment must
be put to a vote. Othenivise, it goes into effect 90 days after publication. The effective
date of the Charter amendment, if the proposed schedule is implemented, would be
October 1, 1997.
3.01
Charter Amendment
May 1, 9 997
Page 2
The Charter Commission approved the proposed amendment with the condition that
the Charter Commission attorney provide a written opinion by the time of the pubiic
hearing.
RECOMMENDATION
Staff recommends that the City Council establish May 19, 1997 as the date of the public
hearing to conduct a public hearing adding the following sentence to Section 11.01 of
the City Charter: �
"For nurnoses of this s �tion pubic utilities shall include water
works district heatina,�y tems gas light power heat wireless or
4ther communication services or any other product or service the
public nrovision of which the City Council by ordinance �hall
determme to be in the interest of its citizens "
B D/dw
M-97-200
3.02
�
PUBLIC HEARING
BEFORE THE
CITY COUNCIL
Notice is hereby given that there will be a public hearing of the
Fridley City Council at the Fridley Municipal Center, 6431
University Avenue N.E. on Monday, May i9, 1997 at 7:30 p.m. for
the purpose of:
Amending Section 11r01 of the City Charter by
adding the following sentence: "For �urposes
of this sect��n pubic utilities shall
include water works di rict heating
�.ystems gas light �ower heat wireless or
other communication GPY'jjl G or any other
product or service th public provision of
which the City Council by ordinance shall
(�PY'Prmi na tn hc i r, +-b,o � �- '' vi i�
lll. 111
citizens."
Any and all persons desiring to be heard shall be given an
opportunity at the above stated-time and place. Any questions -
related to this item may be referred to Barbara Dacy, Community
Development Director, at 572-3590.
Hearing impaired persons planning to attend who need an
interpreter or other persons with disabilities who require
auxiliary aids should contact Roberta Collins at 572-3500 no
later than May 12, 1997.
Publish: May 8, 1997
May 15, 1997
NANCY J. JORGENSON
MAYOR
3.03 `
�
�
i
11.05
CH�PTER 11
PIIBLZC OWNERBHIp APTD OPERATZON OF IITILITIES
Section 11.01. CONSTRUCTION, ACQUISITION AND OPERATZON OF
UTILITZES.
The City shall have power to acquire public utilities as provided
in Chapter 9(Eminent Domain) of this Charter and to build and
construct such utilities as may be authorized by at least sixty
percent (60�) of the votes cast on the issue at a regular or
_ -. �1
special election. �: _ -- ,��<.� ; . ;< j` ! � -
� __ _" .J � � s � `.�'-{�1 �J^ ��_�`` Jf�" 4
Section 11.02. RATES AND FZNANCES.
Upon recommendations made by the City Manager, or upon its own
motion, the Council �hall have the power to fix all rates and
charges for all utilities provided by plants owned by the City, but
such rates and charges shall be just and reasonable. In like
manner the Council may prescribe the time and manner in which
payments for all such services shall be made and make such other
regulations as may be necessary, and may prescribe penalties for
violations of such regulations.
Section 11.03. PURCHASE IN BULK_
The Council may, in lieu of providing for the local production of
gas, electricity, water and other utilities, purchase the same in bulk
and resell them to local consumers at such rates as it may fix.
Section 11.04. CITY TO PAY FOR SERVICES.
The Council shall make a reasonable charge, based on the cost of
service, far lighting the streets and public buildings, or for
supplying heat, power or any other utility, and reasonable charges
for supplying the City with water, and shall credit the same to the
publicly owned utility supplying the service. Such rentals and
other charges for light, heat, power, water and other services
shall be collected in the same manner as from other consumers,
unless the Council provides some other plan.
Section 11.05. LEASE OF PLANT.
The Council may, if the public interest will be served thereby,
contract with any responsible person, co-partnership or corporation.
for the operation of any utility owned by the City, upon such
rentals and conditions as may be deemed necessary, but such
contract shall be embodied in and let only by an ordinance approved
by an affirmative vote of at least (4) members of the Council. In
3.04
8/17/89
• 03/13/97 13:40
^U 612 490 9056
Wayne 8. Holstad
Russell L.C. Larson
John L. Lindell.
Karen Hill Fjeld t
�' Reai Property Law Specialist
HOLSTAD AND LARSON, P.L.C.
Attorneys af Law
35�5 Vadnais. Center Drive, Suite 130
S� Paul; :Minnesota. 55110
Telephone:= {612) .490-9078
_ Facsi�ile: (G12) � 490.-158Q
.�y�,
� j
/
�Ioo2iooa
Of Caunset
Frederic W. Knaak*
• n�so u�a �,
Wisconsin ac Coiorado
G'��t�
. . ✓
March 13; � 1 g97 . . . �
. . �' . .
Mr. Witliam D. Hunt
Assistant City Manager �� BY.FACSIMtLE 6121571=1287
City of Fridiey - . & U:S. MAIL
6431 Universiry �Avenue �N:f.; . � �
Fridfey, MN. 55432 . . �
� ,
RE: Use of:Cit�r's UtilityA�thority foc Telecommun+cation Tower Gonstruction .-� �
Dear Mr.'Hunt_ _
We had discussed. last-�rtonttt.the possitiility af the Ciiy of Fridley using its` authority: in -
regulating.and runr�irag�utilit'ies under its cha�er for the purpose of creating and running
a telecommunications utility" tiiat could own PCS towers and other facilities in the`City
„
and lease those faciiities taprivate communication service providers needing them.for
communications networks in_the City. �
As,,��y/ou hav.e..po�inted�ou #h��y ma � create.a "�filit}�. �inder Section�,1 t.O1 of=the,,�.: ��. ..
. . . . � :q�u Y�? S . � -.F 1pr,}viwr rc+�•c ,++ Se . .
Charter The creation ofi sud�.a ut�hty does requr�e an electivn artd a.favorable�sixty :. �.:: • �
� � �, :� . , �. ��. �. -� :�}. ,� ._; � .�,„..r, ,� . � .,n .: � ,, .e, . ., ,�...�-,..�.,,�-�.,,...a��H �. �. .��. : .
percent� margin of total uotes.cast �or stiich �a`"creation to take "effeci: � . � .�
� K . T:'::t!'PF:4 :..a-:-..�h^r-..lkw�eeaa-`{ b�t.e-�.�atu�._-•L'nWd_:i��.-.yra�'r».+a2'u+ry::�.e �..��.t�rua.a�..a.::yi�.r.a.�.. .............�,:..�.�. ...n ..�r.e�r.:.-,:.a.�.:._^� '� ' - .
Tt�e initial difficu(ty. i�have=had "or��ttii� issue has -been �in� d�etermining whether Erection .. .=:
of PCS towe[s or related services�wouid yualify as a"utility" within #he�me�nir�g�of � .��
Minnesota statutes. In th�`case of�a�s�atutory:oity; the�answer would appear:#o tie "no", : � ��
� given � the language.of_MinnesoCa=Statutes Se�tion 412:321,�which.limifs-the application .� _ :
of the municipally:bwn�d utility authorj#y to "a�y�waterworks, district:heating �system, � .
or gas, light,�power, �or heat plant fcsr�supplying�itsown�needs�for utility ser.v�ce or for. ...
� supplying utiliry service to private �consumers or both." � Were the City a,statuto.ry city,,,,, "
the matter would be closed. -.-.-
,�:,�� : ,.._
As a.chart�r city with a charter provision: that leavesthe issue undefined, .howiever. the _. .
Ciiy may have greater flexibility in the matter. . Section .�11.03 of the: Fridiey Charter, �for
example, does �provide•tfiat the City.�may purctiase utility.services defined as�"gas,
electricity, water and o#her utillties"'. to benefit its citizens. :.An argument can be made .
.�,.y..�..�..
tha# by leaving the provision..open_.fo� funher definition, the Charter left ihe question
open to the vot�rs for,each new proposed.utility, as.to what would or,would;_not be�,r�
.:,�
allowed. . Following that view,� no charter amendment would be required when a new
3.05
. us��.s�yi ra 4i n`siz 4so soss
Mr. William D. Hunt
March 13, 1997
Page Two
(� 003/004
type of utiliry is proposed; but any such utility woutd not be able to function without prior :,
voter approval. . . `
City charters in "Minnesota� are �intended, howeve�; to be read in .light of applica6le �state
law and, to the extent possible, are always to be +construed a manner #o give effect to
both without conflict. In this instance, the.apparent limiting language of the
municipal utility authority of statutory cities mightpresent a confiict and.possible source
of legal challenge for any action by the City:attempting.to create such a utilitywithout'a
charter amendment. There is no assurance at all.thatthe City would be able to prevail
on such a challenge, even in the face of �[ clearly sfated desire and preference on the
part of the voters of the City.
A better approach, therefore,� would be a change .in ihe Charter itself; expressly
authorizing the use of the_utiliry authority for.telecommunications_ There. are iwo..
possible approaches: 1)one which is specific to telecommunicaiions purposes, and .
2) a more general, #lexible approach which anticipates other possible, simifar types of
services being included in the future.
In the first approach� .the following language can be appended as an additional
pa�agraph to Section�l i:01: .. � � � . .
For purposes of.this.section;."public utili#ies" shail.include.�wireless ..
telecommunications �services and faciiities. - . - � � �
The second approach couid be� accompliahed: tiy 'iriserting; at�the same plac� �after �
Section 11.D1 of the Ctia�ter�.fhe fo1(owing: ... _ �.: . �
� For purposes of this section, °pu�ilic:utilities" shall..include_wateiworks; district
�heating systems; gas,�F'ight,�power,�heat, wireless�or.other"communications .
senrices, or any other.product:or senrice the.public�provision of which.the..City ,
Council, by ordinanee, shall:determine to be in.the.interests_of its citizens. �
If possible, I would suggest that fhe latter.provision would provide fo� the greatest
flexibility for the City� in the long run. .Since there is no. blankei prohibition-of this kind of
provision in current sfate statutes, it is my.opinion that:it would operate as sufficienf
authority for the city.to use.its utility authority in this manner: Please note that I have
left untouched the election requirement; which would still be operative after.#he Ci#y
Council had "added" to the.list, meani�g that while the council could create new.
"alfowable° utifities, the Charter would still require voter approval before newly defined
uti(ities would actually be aliowed. �
3.06
- us/ls/y7 ls:4z `n�612 490 9056
f� 004/004
Mr. �William D: Hunt
� . March 13,� � 997 .
� Page Three . �
I hope this anafysis and suggestecJ language wilt be of.help io you. Piease call at your
earliest convenience i# I can be of any further assistarice fo you on this or any other
matter.
Sincere y,
������ :
Frederic W. Knaak � �
Fridley City Attomey i
cc: W. Champa
3.07
CITY OF FRIDLEY
M E M O R A N D II M
TO: WILLIAM W. BIIRNS, CITY MANAG]3R �i�
�
FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR
WILLIAM A. CHAMPA, CITY CLERR
SUBJECT: MINNE30TA LAAFIIL GAMBLING PREMISE PERMIT RENEAAL
APPLICATION FOR SPRING LARE PARR I,IONS CLIIB
DATE: APRIL 30, 1997 .�
Attached is a resolution approving the renewal application for a
Minnesota Lawful Gambling Premise Permit for Spring Lake Park Lions
Club. Gambling will be conducted at Sandees restaurant, 6490
Central Avenue Northeast.
Minnesota State Statutes requires the adoption of a resolution
approving this type of gambling permit.
4.01
RESOLUTION N0. - 1997
RESOLUTION IN SUPPORT OF AN APPLICATION FOR A MINNESOTA
LAWFUL GAMBLING PREMISE PERMIT TO SPRING LAKE PARK LIONS.
CLUB
WHEREAS, the City of Fridley has been served with a copy of a Premise Permit
Application for a Minnesota Lawful Gambling Permit for Spring Lake Park Lions
Club; and
WHEREAS, the location of the Premise Permit is for Sandees Restaurant, 6490
Central Avenue Northeast; and
WHEREAS, the City of Fridley has not,�found any reason to restrict the location
for the charitable gambling operation.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley
approves the Minnesota Lawful Gambling Premise Permit to Sandees Restaurant.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF
, 1997.
ATTEST:
WILLIAM A. CHAMPA - CITY CLERK
4.02
NANCY J. JORGENSON - MAYOR
�
�
CfiY OF
FRIDLEY
BLACKTOPPING
Lino Lakes Blacktop Inc
502 Liiac St
Lino Lakes MN 55014
ELECTRICAL �
Alpha & Omega Electric Inc
12705 Eveleth Path
Apple Valley MN 55124
United Defense
4800 East River Rd
Fridley MN 55421
GAS SERVICES
Advanced Energy Services Inc
3650 Annapolis Ln Ste 105
Plymouth MN 55447-5434
American Heating & Air Supply
7930 University Ave NE
Fridley MN 55432
LICENSES
Peterson & Pinney Inc
4151 Coon Rapids Blvd NW
Coon Rapids MN 55433
United Defense
4800 East River Rd
Fridley MN 55421
GENERAL CONTRACTOR-COMMERCIAL
Lee Benjamin Construction
6438 Karth Rd
Lino Lakes MN 55038
Tom Ransden
Wayne Bezanson
RON JULKOWSKI
Chief Bldg Ofcl
STATE OF MINN
Charles Christianson Same
Richard Skala
Pat Fragale
Arnold Duks
RON JULKOWSKI
Chief Btdg Ofcl
Same
Same
Charles Christianson Same
Ben Lee
7.01
RON JULKOWSKI
Chief Bldg Ofcl
�
United Defense
4800 East River Rd
Fridley MN 55421
GENERAL CONTRACTOR-RESIDENTIAL
Aldo Inc (2954)
17422 Minnetonka Blvd
Minnetonka MN 55345
Alices Restoration (20070247)
766 Stewart Ave
St Paul MN 55102
Charies Christianson Same
Steven Opheim
Bob Kreuser
D & B Home Improvements (7773)
�
4901 105 Ln NE
Circle Pines MN 55014 William Friedrichs
Dahl Builders & Remodelersl20050777)
451 Maple St NE
Spring Lake Park MN 55432
Manufactured Housing Systems (6691)
8465 Center Dr NE
Spring Lake Park mN 55432-1309
Phalen Siding & Trim Inc (6216)
1528 Lincoln Ave
St Paul MN 55105
Sawyer Built Homes (20057629)
7091 Hwy 65 #107
Fridley MN 55432
Wiger David Construction (8392)
901 Rice Creek Terr
Fridley MN 55432
HEATING
Advanced Energy Services Inc
3650 Annapolis Ln Ste 105
Plymouth MN 55447-5434
American Heating & Air Supply
7930 University Ave NE
Fridley MN 55432
Dale Dahl
Ray Dosdall
John Limberg
Duane Sawyer
David Wiger
Richard Skala
Pat Fragale
7.42
STATE OF MINN
Same
Same
Same
Same
Same
Same
Same
RONJULKOWSKI
Chief Bldg Ofcl
Same
Fisher-Bjork Sheetmetaf Co Inc
PO Box 40009
St Paul MN 55104
General Sheet Metal Corporation
2300 Louisiana Ave N
Minneapolis Mn 55427
Peterson & Pinney Inc
4151 Coon Rapids Blvd NW
Coon Rapids MN 55433
United Defense
4800 East River Rd
Fridley MN 55421
MOBILE HOME INSTALLER
Manufactured Housing Systems
8465 Center Dr NE
Spring Lake Park MN 55432-1309
PLUMBING
Area Mechanical
1389 Felix St
West St Paul MN 55118
Minnesota Water Treatment
1812 Northdale Blvd
Coon Rapids MN 55448
Peterson & Pinney Inc '
4151 Coon Rapids Blvd NW
Coon Rapids MN 55433
Tim's Quality Plumbing Inc
PO Box 292
Osseo MN 55369
United Defense
4800 East River Rd
Fridley MN 55421
ROOFING
Skyline Roofing Inc
10609 Rhode Island Ave N
Brooklyn Park MN 55445
Charles Fisher
James McCarthy
Arnold Duks
Same
Same
Same
� Charles Christianson Same
Ray DosdaN
Dan Daly
Bob Yonke
Lauren Turnquist
Timothy Lindholm
STATE OF M1NN
STATE OF MINN
Same
Same
Same
Charles Christianson Same
Tom Payne
7.03
RON JULKOWSKI
Chief Bldg Ofcl
SIGN ERECTOR
Sign Language
6237 University Ave NE
Fridley MN 55432
Jim Golden
7.04
RON JULKOWSKI
Chief Bidg Ofcl
�
�
CITY OF
FRIDLEY
May 5, 1997
LICENSES
TYPE OF LICENSE: BY: APPROVED BY:
FOOD ESTABLISHMENT
Romantic Reveries Valerie Head Ron Julkowski
54�0 N.E, Maine St. Building Inspector
Fridley, MN 55421
aUNK YARD
Copart Salvage Auto Auctions Copar't of Conn. Inc. Richard Larson
3737 E. River Rd. Fire Inspector
Fridley, MN 55421
MOTOR VEHICLE BODY� REPAIR
Abra Inc. Duane A. Rouse Kurt Jensen
771� University Ave.N,E. Community Dev,
Fridley, MN 55432
OFF SALE B�EER
K '
FEES:
$45.0�
$�5�.��
$15�.�0
wik Stop-N-Shop Kwik Stop-.N-Shop Inc� David Sallman
315 Osborne Rd.N,E, $6�•��
Fridley, MN 55432 Public Safety Director
PEDDLERS
Dominion Business Prom, Andrew Jurgens �� ��
1711 Cty Rd. 6 Suite 300 N.
Roseville, MN
Liberator Sales Joseph Minder �� ��
5775 Soundview Dr.
Big Harbor, WA 98335
STREET VENDING
Licciardi's Novelty Vending John Lucciardi �� ��
2(l24 Encon Dr.
Brooklyn Center, MN 5543(1 -
TREE REMOVAL
One Two Three In
$60.�0
�� $6�. �(l
�� $5(1. (1�
�• Jonathan Staib John Flora
18547 Lakeview Pt.Dr, Public 4Jork Director
Wyoming, MN 55�92
7.05
$4�.0f1
�
�
:
�
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF FRIDLEY, MINNESOTA, ADOPTING THE
PREVAILING HOURS OF LABOR AND PREVAILING WAGE RATE ON CERTAIN
PROJECTS FOR OR WITHIN THE CITY
The City Council of the City of Fridley does ordain as follows:
Subdivision 1. Legislative Findings. The City of Fridley finds it to be in the best interest of its
citizens that buildings and public works projects constructed with City funds be constructed
and maintained by the best means and highest quality of labor reasonable available, and that
persons working under contract on buifdings and public works constructed in whole or in part
with City funds should be compensated according to the real value of the services they
perform, which, for purposes of this Ordinance, is defined as the prevailing wage and hours of
employment as determined for the City by-the Minnesota Department of Labor and Industry,
pursuant to Minnesota Statutes, Section 177.42, subd 6.
Subdivision 2. Prevailing Wage and Hours on Certain City-related or funded P�ojects.
a Wages paid for all work performed by contractors and subcontractors that
is financed in whole or in part by funds obtained by bonds issues by the City,
including but not limited to Industrial Revenue Bonds, and all projects let after
May 1, 1997, financed by General Obligation Tax Increment Bonds shall be pain
in accordance with the prevailing wage and hourly rate.
b- Wages paid for all work performed by contractors and subcontraetors on
any project let after May 1, 1997, that is financed in whole or in part by City
funds shall be paid in accordance with the prevailing wage and hourly rate.
�• Wages paid for all work performed on any project for a Developer in conjunction
with the Developer's development of real property in the City if the Developer
purchases said real property from the City, or if the City grants or loans money
to the Developer for the development of said real property, shall be paid in
accordance with the prevailing wage and hourly rate.
d. The term "City" shall refer to the City of Fridley and to all related agencies,
including, but not limited to afl Housing and Redevelopment Authorities and
Economic Development Authorities created by the City of Fridley.
Subdivision 3. Exceptions. This ordinance shall not apply to the following circumstances:
a. Any project financed by City funds or bonds authorized by the City as provided
in subdivision 2 that has a value of $25,000.00 or less or a value equal to or
less that the amount required for sealed bids by Minnesota Statutes, Section
471.345, subd. 3.
b. Any housing project or program within the City directed to housing for one, two,
three or four families per building.
9.01
Passed and adopted by the City Council of the City of Fridiey this day of
, 19_. The foilowing Council Members voted Aye:
, and the foilowing Nay:
Attest:
William A. Champa - City Clerk
First Reading: March 31, 1997
Second Reading:
Publication:
Nancy J. Jorgenson - Mayor
�
9.02
Council Member moves to amend proposed Fridley City Ordinance
published in its First Reading on March 31, 1997, in part, to read as follows:
Subdivision 3. Exceptions. This ordinance shall not apply to the following circumstances:
b. Any housing project or program within the City directed to ' , �
,
. or marketed for owner occupancv; or
c. Any housinq prolect or proqram directed at rental units containinq eicaht or
fewer units; or
d. Anv residential rehabilitation proiect reqardless of size entirelv paid for with
non-citv funds.
9.03
n
0
�
�
CITY OF
FRIDLEY
William W. Burns
MEMORANDUM CityManager
TO: The Honorable Mayor and City Council
FROM: William W. Burns, City Manager ��`?�1 �
DATE: April 11, 1997
SUBJECT: Prevailing Wage Contract Language
Fritz Knaak and I are proposing the attached resolution endorsing the prevailing wage
contract language that is used by the Anoka County Highway Department. We hope this
, meets your expectations.
WWB:rsc
�.
RESOLUTION NO. -1997
A RESOLUTION OF THE CITY OF FRIDLEY, MINNESOTA, FOR THE
ADOPTION OF A POLICY AND CONTRACT LANGUAGE IMPLEMENTING
THE PROVISIONS OF ORDINANCE NO. , PROVIDING FOR THE
PAYMENT OF PREVAILING WAGES ON CERTAIN PROJECTS AND
CONTRACTS WITHIN THE CITY
WHEREAS, the City of Fridley, Minnesota, has adopted a certain Ordinance, Number
, providing for the payment of the prevailing wage to workers within the City
under certain specified conditions and circumstances; and
WHEREAS, the City of Fridley, Minnesota, wishes to provide specific guidance to the
public and its own employees, as well as contractors and others doing or wanting to do
business with or in the City, as to how it expects the aforesaid Ordinance to be
implemented in contracts and work governed by the Ordinance;
NOW, THEREFORE, BE IT RESOLVED, that the City of Fridley adopts as its policy
concerning all bids and contracts governed by the aforesaid Ordinance that the following
language, either fully or by express reference to the aforesaid Ordinance and this
Resolution, shall be included in all such bids and contracts, and that this same language
shall operate as the ongoing policy of the City of Fridley with respect to any such bids and
contracts:
PAYMENT OF PREVAILING WAGES.
The Contractor agrees that the Contractor's laborers and mechanics and any
subcontractor's, of any tier, laborers and mechanics who work on this project and who fall
within any job classification established and published by the Minnesota Department of
Labor & Industry shall be paid, at a minimum, the prevailing wage rates as certified by said
Department. Each Contractor and subcontractor of any tier perForming work on this project
shall post on the project the applicable prevailing wage rates and hourly basic rates of pay
for the County or area within which the project is being performed, including the effective
date of any changes thereof, in a least one conspicuous place for the information of the
employees working on the project. The information so posted shall include a breakdown
of contributions for health and welfare benefits, vacation benefits, pension benefits and any
other economic benefit required to be paid.
�- i .•i
The definition of "laborer" and "mechanic" used in connection prevailing wages shall
be that definition contained in 29CFR Part 5.2(m).
Page 2 -- Resolution No. -1997
.i - .� . .
a. Upon request of the City, the contractor and subcontractors, if any, shall
submit to the City, weekly for each week in which any contract work is
performed, a copy of all payrolls. The payroll submitted shall set out
accurately and completely all the information required to be maintained
under Section 5.5(a)(3)(I) of regulations, 29 CFR Part 5.
b. Each payroll submitted shall be accompanied by a"Statement of
Compliance" signed by the contractor or subcontractor or her agent who
supervises the payment of the persons employed under the contract and
shall certify the following:
(1) That the payroll for the payroll period contains information of the type
required to be maintained under Section 5.5(a)(3) of regulation 29
CFR Part 5, and that such information is correct and complete.
(2) That each laborer or mechanic (including each helper, apprentice and
trainee) employed on the contract during the payroll period has been
paid the full weekly wages earned, without rebate, either directly or
indirectly, and that no deductions have been made either directly or
indirectly from the full wages earned.
(3) That each laborer or mechanic has been paid not less than the
applicable wage rates and fringe benefits or cash equivalent for the
classification of work performed as specified in the applicable wage
determination incorporated into the contract.
(4) The contractor or subcontractor shall make the records required
under this paragraph available for inspection, copying or transcription
by the City and shall permit the City to interview employees during
working hours on the job. If the contractor or subcontractor fails to
submit the required records and make them available, the City may,
after written notice to the contractor, take such action as may be
necessary to cause the suspension of further payments, advance, or
guarantee of funds.
. . .1 _. � • 1•- • ..:
In the event of any violation by the contractor or subcontractor relating to the
prevailing wage provision in this contract, the contractor shall be liable for the unpaid
wages.
Page 3 -- Resolution No. -1997
..1.. ... �.._
The City of Fridley may, upon its own action, withhold or cause to be withheld
from any monies payable on account of work performed by the contractor or any
subcontractor such sums as the City may determine to be necessary to satisfy any
liabilities of such contractor or subcontractor for any unpaid wages as required herein.
5. Frinae Benefits.
The Contractor and subcontractor shall pay fringe benefits in the manner and in
accordance with the 1964 amendments to the Davis-Bacon Act (Public Law 88-349)
and the implementing regulations contained in 29 CFR, Subpart B, 5.20, et seq.
�� ' _ �Fi�<� : i� - ! = -
If the Contractor or any subcontractor of any tier does not pay its laborers and
mechanics prevailing wages as provided herein, the Contractor shall be liable to and pay
to the City, as liquidated damages, a sum equal to five percent (5%) of the contract
amount. The City may deduct any money due or coming due to the Contractor such sums
as the City may determine to be necessary to satisfy any liability of the Contractor to pay
liquidated damages as provided herein. Any monies collected or deducted are not to be
construed as penalty but as liquidated damages to compensate the County for the
Contractor's and/or subcontractor's failure to pay prevailing wages. The rights and
remedies provided for in these specifications shall be in addition to and not a limitation of
any rights or remedies otherwise available at law. In any lawsuit involving assessment or
recovery of liquidated damages, the reasonableness of the charges therefore shall be
presumed, and the amount assessed shall be in addition to every other remedy now or
hereinafter enforceable at law, in equity, by statute or under the contract.
7. Termination of Contract.
A violation of any of the above-stated provisions in a contract governed by the
Ordinance shall constitute a substantial breach of that contract and shall constitute
grounds for termination.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF APRIL, 199�.
AYES NAYS
NANCY J. JORGENSON - MAYOR
ATTEST:
WILLIAM A. CHAMPA - CITY CLERK
CITY OF FRIDLEY PROJECT SUMMARY
DESCRIPTION OF REQUEST:
The petitioner requests that a variance be granted to allow installation of a sign over the public
right-of-way. The request is by Jim Driessen representing Medtronic, Inc., 7000 Central
Avenue. If approved, a 2.5 ft. by 15 ft. illuminated sign and logo would be installed on both
sides of the Medtronic skyway.
SUMMARY OF ISSUES:
Section 214.04.01 of the City Code prohibits any permanent signs, other than governmental
signs, erected or displayed upon any right-of-way or public property.
This request is highly unusual in that there are only two skyways in the City of Fridley,
Medtronic and Minco. The Minco skyway is located above property that is owned entirely by
Minco.
The entrance drives are located in a manner that by the time it occurs #o you that this is the
Medtronic complex, you are past the entrance drive. The sign would provide better early
identification. The width of the Central Avenue right-of-way limits the effectiveness of
monument or wall signs. While the petitioner has requested that the sign be lit. In order to
reduce the impact from the sign on nearby residential and park properties and in order to
I eliminate the element of distraction for night drivers, staff recommends that the sign not be lit:
STAFF RECOMMENDATION TO THE APPEALS COMMISSION:
This variance request is highly unusual due to the site's location and unique characteristics.
Staff, therefore, recommends that the Appeals Commission recommend approval of the
request to the City Council with the foilowing stipulation:
1. The sign shall not be illuminated.
IAPPEALS COMMISSION ACT10N:
The Appeals commission voted 3-1 to recommend approval of the request to the City Council
as recommended by staff.
CITY COUNCIL RECOMMENDATION:
Staff recommends that the City Council concur with the Appeals Commissior� action.
10.0 7
Project Summary
VAR #97-04, by Medtronic, fnc. �
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:
Comprehensive
Planning lssues:
A variance to allow placement of a sign above the public
right-of-way
7000 Central Avenue
That part of the Southeast Quarter of Section 12, Township 30,
Range 24, Anoka, Minnesota, except the weste�ly 50 feet thereof
taken for Central Auenue also except that part taken for Minnesota
Transfer Trailway Company; subject to any portion taken for street
purposes along north and south lines thereof, also subject to any
easements of record, generally located at 7000 Central Avenue
360,000 square feet; 23.2 acres
Mostly flat, but sloping into Rice Creek
Typical suburban; trees, sod, shrubs; but natural vegetation along
Rice Creek
M-2, Heavy Industrial; unplatted
Connected
Central Avenue, 69t'' Avenue
Central Avenue bikeway, proposed
None
The Zoning and Comprehensive Plans are consistent in this
location.
� 0.�2
Project Summary
VAR #97-04, by Medtronic, inc.
Page 3
Public Hearing
Comments: To be taken
ADJACENT SITES:
WEST: Zoning: M-2, Heavy industrial Land Use: Industrial
SOUTH: Zoning: P, Public
R-1, Single Family
EAST: Zoning: M-2, Heavy Industrial
NORTH: Zoning: M-2, Heavy Industrial
Site Planning
Issues:
REQUEST
Land Use: Park
Residential
Land Use: Industrial
Land Use: Industrial
The petitioner requests that a variance be granted to allow installation of a sign over the
public right-of-way. The request is by Jim Driessen representing Medtronic, Inc., 7000
Central Avenue. If approved, a 2.5 ft. by 15 ft. illuminated sign and logo would be
installed on both sides of the Medtronic skyway.
SITE DESCRIPTION/HISTORY
Medtronic, Inc., is located on both sides of Central Avenue at 69�' Avenue. The finro
facilities are connected by a skyway over Central Avenue which is a County road. The
first Medtronic facility was constructed in 1969. Since that time, multiple additions have
occurred to both facilities. The latest majo� addition occu�red in 1992.
Anoka County has approved the placement of the sign on the skyway.
ANALYSIS
Code Section
Section 214.04.01 requires that any permanent signs, other than governmental signs,
erected upon any right-of-way or public property are prohibited in all districts.
10.03
Project Summary
VAR #97-04, by Medtronic, Inc.
Paae 4
Public purpose served by this requirement is to control visual pollu#ion and excessive
use of signs in all districts.
Prior to granting a variance from the literal provision of the Sign Code, four conditions
must be met by the applicant. These four conditions are outlined in Section 214.21.02
of the Sign Code and are as follows:
A, That there a�e exceptional or extraordinary circumstances applicable to #he
property or to the intended use that do not apply generally to other property in
the same vicinity and district.
Medtronic is unique in the fact that i# ha� a skyway extending above the public right-of-
way. No other industrial building, with the exception of Minco at 7300 Commerce Lane
has a skyway located above the public right-of-way. The Minco skyway is located
above property owned by Minco.
B. That the variance is necessary for the presenration and enjoyment of a
substantial property right possessed by other property in the same vicini#y and
district, but which is denied the property in question.
The variance would allow an additional 30 square feet of signage on both walls of the
skyway. Medtronic currently does not have wall signs located on the building. There
are two monument signs located on the west and east sides of Central Avenue. The
easterly monument sign is 54 square feet in area and is located at a zero setback from
the public right-of-way. (A variance is granted to reduce the setback in 1992.) The
westerly sign is located internally on the site. Locating #he sign on the skyway will
provide additional identification for the Medtronic facility. The identification would
provide a greater site distance for those looking for the complex and associated access
drives.
C. That the strict application of the Chapter would constitute an unnecessary
hardship.
Denial of the variance would not prohibit Medtronic from installing additional signage on
the building under the wall sign provisions of the Sign Code. Wall signs in other
locations, however, may be deemed less effective by the petitioner. The width of the
right-of-way on Central Avenue creates an adverse impact to sign placement, as
supported by the variance granted in this location. .
D. That the granting of the variance would not be materially detrimental to the public
health, safety, or general welfare, or detrimental to the property in the vicinity or
district in which the property is located.
10.04
Project Summary
VAR #97-04, by Medtronic, lnc.
Page 5 .
Plaeing the sign on the skyway would not obstnact visibility #or traffic or pedestrians in
the area. If lit, however, the sign could create an adverse impac# on nearby residential
properties or the adjacent Locke Park facility. In order to reduce the impact from the
sign on nearby residential and park properties and in order to eliminate the element of
distraction for night drivers, the sign should not be lit.
STAFF RECOMMENDATION TO THE APPEALS COMMISSION:
This variance request is highly unusual due to the site's location and unique
characteristics. Staff, therefore, recommends that the Appeals Commission
recommend approval of the request to the City Council with the following stipulation:
1. The sign shall not be iiluminated.
APPEALS COMMISSION ACTION:
The Appeals commission voted 3-1 to recommend approval of the request to the City
Council as recommended by staff.
CITY COUNCIL RECOMMENDATION:
Staff recommends that the City Council concur with the Appeals Commission action.
10.05
Attachment "B"
REASON FOR VARIANCE AND HARDSHIP:
We request a variance to install signage on our existing skyway structure which spans
Central Avenue just north of County Road H. We believe a variance is wanented given
the unique circumstance of a skyway to which current City Code may not be easily
applied. We have recieved from the Anoka County Highway Department a License
Agreement permitting the signage pending City of Fridley approval. See the attached
drawing of the requested signage to be palced on the north and south faces of the skyway.
,
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Letter to the Fridley Appeats Commission Regarding Variance Request 97-04
21 April 1997
the need to advertise the business pursuits of the company by increased or conspicuously
placed signage is thereby diminished.
Considering its' imposing presence, outstanding efforts have been made integrate the
Medtronic facility into this neighborhood, in keeping the campus visuaily attractive and
compatible with the surroundings of the adjacent Rice Creek Regional Trail. In my opinion
this sign request is contrary to that philosophy and for these reasons I request that the
variance be denied.
Respectfully,
Richard Weispfenning
1310 - 69th Ave NE
Fridley
10.08
Letter to the Fridley Appeals Commission Regarding Variance Request 97-04
21 April 1997
As a residential property owner in direct line of sight of the Medtronic skyway over Central
Av., I am opposed to placing corporate signs over Central Ave. as outlined in the variance
request (97-04) by Medtronic.
Although I am the one resident most d'uectly affected, I believe the recommendation before
the Appeals Commission should be based in the broader sense by how materially the
proposed sign request benefits the company, the neighborhood and the community.
These facts seem pertinent to the discussion:
The proposed signs overhead on Central Ave. would be redundant. Medtronic already has
signs of approximately 4 by 10 feet at the main entrance drives on each side of Central Ave.
Both aze lighted at night and offer excellent visibility to tra$ic in both directions. One
e�risting sign is less than 20 feet off of the roadwa.y giving ample time for awareness and
leaving no question as to the identiTy of the building. The majority of visitors to Medtronic
airive by motorcoach or various company :arranged means having drivers who know the
location of their destinations without additional aids.
Medtronic's needs for signage is different from those of many other businesses that might
benefit from an increased visual presence. There are no product sales conducted on-site and
10.09
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Variance Request, VAR #07-04
This request, by Medtronic,
7000 Central Avenue, w�oul d
allow the installation of a sigr
on the skyway above Central
Avenue.
10.10
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Medtronic, Inc.
10.11
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CITY OF FRIDLEY
APPEALS COMMISSION MEETING, APRIL 23, 1997
ROLL CALL:
Chairperson Kuechle called the April 23, 1997, Appea mmission meeting to order at
7:30 p. m.
ROLL CALL:
Members Present: Larry Kuechle, Ke os, Diane Savage, Teme Mau
Members Absent: Carol Beauli�i .,
Others Present: Michel cPherson, Planning Assistant
Do Hagmann, Medtronic, inc.
ndy & Rich Weispfenning, 1310 - 69"' Avenue N.E
M TION ky�Ms. Mau, seconded by Ms. Savage, to approve the April 9, 1997, Appeals
Commis,�ion minutes as written.
UP N A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED
E MOTION CARRfED UNANIMOUSLY.
PUBLIC HEARING• CONSIDERATION OF VARIANCE REQUEST VAR #97-04 BY
MEDTRONIC:
Per Section 214.04.01 of the Fridley City Code, to allow a sign to be displayed above a
public right-of-way on that part of the Southeast Quarter of Section 12, Township 30,
Range 24, Anoka, Minnesota, except the westerly 50 feet thereof taken for Central
Avenue also except that part taken for Minnesota Transfer Railway Company; subject to
any portion taken for street purposes along north and south lines thereof, also subject to
any easements of record, generally located at 7000 Central Avenue N.E.
MOTION by Ms. Savage, seconded by Dr. Vos, to waive the �eading of the public hearing
notice and to open the public hearing.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED
THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:32 P.M.
Ms. McPherson stated the request is for a sign variance by Medtronic to allow placement
of a sign on the skyway above a County street, Central Avenue. The code prohibits
placement of a permanent sign within the public right-of-way except those signs which
may be governmental in natu�e.
10.13
APPEALS COMMISSION MEETING, APRIL 23, 1997 PAGE 2
Ms. McPherson stated the proposed sign as requested is 2.5 feet x 15 feet which totals
37.5 square fee#. The petitioner is proposing an illuminated sign. The original request did
not indicate that the sign would be illuminated, but the petitioner has indicated they would
like to have an illuminated sign.
Ms. McPherson stated the Medtronic site is located at the intersection of 69th Avenue
and Central Avenue. The site straddles both the west and east sides of Central Avenue.
The property is zoned M-2, Heavy Industrial. There is R-1, Single Family, zoning to the
south across 69th Avenue. There is public zoning, the Locke Park facility, which directly
abuts the west campus of Medtronic. Also located to the north is R-3, General Multiple
Family, which is separated by a small area of M-2, Heavy Industrial. Also located to the
north of the site is the Onan facility which is also zoned M-2, Heavy Industrial.
Ms. McPherson stated the property totals approximately 23 acres in area. The building
itself is approximately 788,000 square feet of office, research, and manufacturing space.
Ms. McPherson stated that, typically, when staff reviews a sign variance, four standards
are established which must be proved by,the applicant prior to the Appeals Commission
approving a variance to the sign code. These standards are as follows:
A. That there are exceptional or extraordinary circumstances applicable to the
property or to the intended use that do not apply generally to other properly
in the same vicinity and district.
Ms. McPherson stated that in this particular case, the site is unique in that there are no
other skyways located in the City which are located above a public right-of-way. Minco
has a skyway which connects its two plants; however, the property under the skyway at
Minco was a right-of-way for 73rd Avenue which was vacated so the skyway is over
privately owned land. The sign as proposed is 37.5 square feet in area. Medtronic does
not have any other wall signs.
B. That the variance is necessary for the preseniation and enjoyment of a
substantial property right possessed by other property in the same vicinity
and district, but which is denied the property in question.
Ms. McPherson stated denial of the variance would not eliminate the opportunity for
Medtronic to have additional signage. They could locate signs on the walls of the
building. Medtronic currently has monument signs at both the east and west campus
entrances; however, due to the size of the right-of-way on Central Avenue, there is a
question as to the signs' effectiveness. The Appeals Commission and City Council
granted a setback variance for one of the signs in 1992. Placing the proposed sign on
the skyway would provide additional identification and would provide early identification
for those people from out of town who may not be familiar with the Medtronic facility.
10.14
A►PPEA�S COMMISSION MEETING, APRIL 23, 1997 PAGE 3
C. That the strict application of the Chapter would constitute an unnecessary
hardship.
Ms. McPherson stated denial of the variance would not prohibit Medtronic from installing
additional signage on the building under the wall sign provisions of the sign code.
However, these signs may be deemed less effective by the petitioner and the width of the
right-of-way on Central Avenue may pose an adverse impact on sign placement.
D. That the granting of the variance would not be materially detrimental to the
public health, safety, or welfare or detrimental to the property in the vicinity
or district in which the property is located.
Ms. McPherson stated the location of the sign would not cause obstruction of visibility for
traffic or pedestrians in the area. Staff is recommending the sign not be lit because it
could pose an adverse impact if it were lit. In addition, the size of the sign in relation to
the building is relatively minimal when you look at the length of the skyway and the size of
the sign.
Ms. McPherson stated staff is recommending approval to the City Council of the sign
variance request to allow a sign above the public right-of-way due to the site's location
and its unique characteristics, with the following stipulation:
1. The sign shall not be illuminated.
Dr. Vos asked if Medtronic could put up a large wall sign for the size of the building
because the size of a wall sign is in relation to the size of the building.
Ms. McPherson stated this is correct. The formula for a wall sign is the square root of the
wall length multiplied by 15. Using a 100-foot wall as an example, the square root would
be 10 multiplied by 15 would be 150 square feet.
Ms. Mau asked that given the size that Medtronic could go to for a wall sign, would they
need a variance to have such a sign lit?
Ms. McPherson stated, no. If Medtronic chose to apply for a sign on the wall in
accordance with what is allowed under the code, the City could not prohibit them from
having a lighted sign.
Ms. Savage stated the Appeals Commission has received a letter in opposition to the
request. Have there been any other comments?
Ms. McPherson stated that other than the letter, staff received a call inquiring about the
request but that person did not express a negative or positive reaction to the request.
Dr. Vos asked the distance from the skyway to the first resident.
10.15
APPEALS COMMISSION MEETING, APRIL 23, 1997 PAGE 4
Ms. McPherson stated she did not have that information.
Ms. Savage asked that if the Appeals Commission recommended approval of the
request, would #his matter go before the City Council.
Ms. McPherson stated, yes.
Mr. Hagmann stated he is the manager of real estate and facilities for Medtronic. Staff
has done a very nice job of explaining the situation. Medtronic has grown and become a
very large, multi-national company. This is their world headquarters and recognition is an
important element. They have had some issues in the past with some people getting
confused as to where they are. There has been discussion of a sign on the building. He
thought a sign on the building would be somewhat hidden by the vegetation compared to
a relatively subtle sign on the skywayl
Ms. Savage asked if the petitioner was requesting a lit or unlit sign.
Mr. Hagmann stated Medtronic would prefer a lit sign. Name recognition is important.
Companies such as 3M and Honeywell have facilities with tit signs and that is the
situation they would like to get.
Dr. Vos asked if there was quite a bit of traffic in the evening or at night trying to locate
the facility.
Mr. Hagmann stated the vast majority of the traffic would be during the day.
Mr. Kuechle asked if the sign was to strictly to dentify Medtronic with no arrows or
anything showing directions.
Mr. Hagmann stated this is correct. The proposed sign meets the corporate standards for
their worldwide identity. They have over 100 faciiities around the world which would
match that exactly.
Mr. Kuechle asked if the company was looking at back lighting the sign.
Mr. Hagmann stated they are proposing a relatively subtle backlit type of sign.
Dr. Vos asked if the sign would be on one side or both sides of the skyway.
Mr. Hagmann stated a sign would be placed on both sides of the skyway.
Dr. Vos stated the request is then for 37.5 square feet of sign finrice.
Ms. McPherson stated, yes. A previous question asked the distance to the residentiat
area. She estimated the distance between the skyway and 69th Avenue using the
10.16
APPEALS COMMISSION MEETING, APRIL 23, 1997 PAGE 5
parking lot strip'rng, and she estimated that distance to be about 260 feet to the north side
of the right-of-way as indicated on the drawing.
Mr. Weispfenning stated he is the property owner at the comer of County Road H and
Central Avenue. His property faces 69th Avenue and is in direct line of site with the
Medtronic skyway. He sent the letter about his opposition to the placement of the sign on
the skyway. He wanted to attend the meeting to become informed as well as make sure
that everyone is exercising their diligence in challenging the need for this signage. They
are in a sensitive location compared to many other people and do maintain a pretty
synergistic relationship with Medtronic. They have been understanding of the needs of
the residential area. He understands that they have done a lot of things with their
buildings to be certain that it blends in well with the community.
Mr. Weispfenning stated his position was that he did not feel the sign would aid in locating
the building for most people because it is a fairly large, three-block long building and very
difficult to miss if in the vicinity and before you would see the sign anyway. He has
concerns about the possibility of the sign being lit, adding to a fairly high average overall
intensity of the light due to the major intersection.
Mr. Weispfenning stated he still opposes the request; however, he concurs with the
Appeals Commission's recommendation that lighting of such a sign would be more than
he would like to see happen. After seeing the drawings, the sign in total square footage,
its exposure from their house and site lines, it would not be as detrimental as he thought
at first. His opinion has been moderated somewhat by the information presented. He
would like to be certain that the recommendation that goes forward to the City Council
takes into account the fact that it is a little unusual to place a sign over a public right-of-
way. He would prefer this to placing a larger lit sign directly o�to the building within their
site line.
Mr. Weispfenning stated, in the final analysis, he would like to say that he was initi II
opposed to this but now is still somewhat opposed but he would be willing to listen to any
moderation to the proposal by Medtronic. He would be willing to listen to any
negotiations.
Dr. Vos asked if they can have a lit sign over a public right-of-way.
Ms. McPherson stated the sign code states no signs at all in the public right-of-way.
Ms. Mau stated she would imagine this sign if lit would look like some of the new street
signs.
Mr. Hagmann stated their lit signs have a white background and that portion would be
backlit. The lettering would be either a dark blue or black. It would be similarly backlit like
the monument signs that they have at their Columbia Heights facility.
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APPEALS COMMISSION MEETING, APRIL 23, �1997 PAGE 6
Mr. Kuechie asked if there would be any light coming through the letters themselves.
Mr. Hagmann stated, no.
MOTION by Ms. Savage, seconded by Ms. Mau, to close the public hearing.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED
THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:53 P.M.
Ms. Savage stated she has some reservations about this. This is a park area which is
one thing that bothers her. She is concemed about the precedent they could be setting
by allowing this sign. Everyone knows where Medtronic is and she did not see a great
need for the sign. She is opposed to a tit sign. It may be less polluting to have this sign
rather than a wall sign. It is her position that the City should try to reduce the pollution of
signs as much as possible. She is very concemed about allowing a variance like this and
setting a precedent.
Dr. Vos stated he had a personal experience trying to have about 180 teachers finding
the Medtronic training facility. They lost a bus with 80 people who could not find
Medtronic in Fridley, and they went under the skyway finrice. They drove past by the
signs. They saw Onan in the distance and thought it was ali one complex. He did not
know if the sign would have helped the bus driver, who was from Fridley. He knows it
isn't that easy to find Medtronic if you have not been there. The magnitude of the sign is
37.5 square feet times 2 which is below the minimum allowed for a typical sign request.
He used this example to try to determine a scale. It will not have letters that are that are 6
feet in height and 120 feet across. He has no reservation about the sign but he would
include the stipulation that the sign not be lit.
Ms. Mau stated they are entering into a new area, and she agreed with the precedent
issue. There is the chance tha# there will be other skyways built in Fridley. That is a
consideration that we have to look at. We have to look at the fact that Medtronic is
becoming and has been a global company for a while. She agreed that it is hard to find
Medtronic coming from certain directions. When you are undemeath the skyway, it is
hard to find the parking lot. Medtronic has always made a positive impact in the
community. They have gone out of their way to have vegetation and landscaping. Their
buildings alone are positive on that stretch of road. She believed the proposed sign
would have less impact on the area than a wall sign. She thought it was a small thing to
put those on the skyway. She agreed to recommend approval but she would not want
the sign to be lit.
Mr. Kuechle stated he believed Medtronic has done an outstanding job trying to make the
transition from park area to the M-2 district. He did not wa�t to penalize them because
they are next to a park when they have done a good job about protecting that park. The
sign is less obtrusive, but it is difficult to see those buildings because of the park and
trees. He can understand the desire to have the signs lit. To him, it is not a real clear
10.18
APPEAL� COMMISSION MEETING APRIL 23, 1997 PAGE 7
issue. He can understand the residents not wanting more visual pollution, although he
believed the sign design would provide a very minimal amount of additional lighting to the
area. It is more a matte� of the aesthetics of the lighting on the sign. The parking area is
lit, and Onan's parking area is lit. Whether the sign is lit or not, he did not think it would
be measurable or even noticeable. Perhaps a compromise would be to have the sign not
lit from 10:00 p.m. to 5:00 a.m., for example. Days are fairly short here during the
wintertime, and he can understand Medtronic wanting the sign lit beyond 4:30 p.m. or
whenever it gets dark until 8:00 p.m. He did not see a real need to have the sign lit during
the late evening and early moming hours.
M TI N by Ms. Savage, seconded by Ms. Mau, to enter into the public record the letter
from Mr. Weispfenning dated April 21, 1997, regarding his opposition to Variance
Request #97-04. �
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED
THE MOTION CARRIED UNANIMOUSLY.
MOTION by Dr. Vos, seconded by Ms. Mau, to recommend approval of Variance
Request, VAR #97-04, by Medtronic, to allow a sign to be displayed above a public right-
of-way on that part of the Southeast Quarter of Section 12, Township 30, Range 24,
Anoka, Minnesota, except the westerly 50 feet thereof taken for Central Avenue also
except that part taken for Minnesota Transfer Railway Company; subject to any portion
taken for street purposes along north and south lines thereof, also subject to any
easements of record, generally located at 7000 Central Avenue N.E., with the following
stipulation:
1. The sign shall not be illuminated.
UPON A VOICE VOTE, WITH MS. MAU, DR. VOS AND MR. KUECHLE VOTING AYE,
AND MS. SAVAGE ABSTAINING, CHAIRPERSON DECLARED THE MOTION
CARRIED BY MAJORITY VOTE.
Ms. Savage stated she abstained from voting for reasons stated previously.
Ms. McPherson stated the City Council would consider this request on May 5. 1997.
Ms. McPherson provided an update on P ning Commission and City Council actions.
ADJOURNMENT:
MOTION by Ms. Savage, conded by Dr. Vos, to adjourn the meeting.
10.19