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04/12/1999 - 4646OFFICIAL CITY CITY COUNCIL AGENDA CITY COUNCIL MEETING APRIL `12,1999 � Froat�r FRIDLEY CITY COIINCIL MEETING ATTENDENCE SHEET Ma-vi.da y, A�n.t.e. 12 , 19 9 9 . 7:30 P.M. PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN ITEM PRINT NAME (CLEARLY) ADDRESS NUMBER �., � cmr oF FRIDLEY Y COUNCIL MEETING �F FRIDLEY CIT PR'L 12� 1999 A one in the admission or access to, or treatment, ainst or harass any color, creed, religion, national ° ug�, will not discriminate ag ard to public assistance. Upon req The City of Fridley �S, or activities because of race, o f Fridley's or emploYment in its services, pr��' articipate in �y ersons with isability, age, marital status, seoua�low vndiv'duals w th d sabilities to P reter or o�eT p e`,yeek in sex, d rovided t � a�ed persons who need an interp accommodation will be p ervices, proP��s� and activities. Hearing P S aids should contact Roberta Collins at 572-3500 at leas o disabilities who require auxiliary advance. (TTDI572-3534) pLEDGE OF ALLEGIANCE. Board of Review gOARD OF REVIEW MEETING 01 ........................................................ � C�TY COUNCIL MEETING pppROVAL OF M�NUTES: 99 City Council Meeting of March 22, � 9 ,_ ♦ � . y � FRIDLEY CITY COUNCIL MEETING OF qpR�L 12 APPROVAL OF PRpppSED C • 1999 • ONSENT qGENDq; P'4GE 2 OLD BUSINESS: Second Reading of an Ordinance Recodi in the Fridley City Code, Cha ter 206 � 9 "Building Code," p , Entitled 206.01.03 by Amending Sections 206.01.02, , 206.03.01, 206.03.03, 206.04, 206.05.01, and 206.07. 12 ................................................ ............ and, 2.01 — 2.19 Approve Official Title and Summary Ordinanc e.................. 3.01 _ ............ 3.02 NEW BUSINESS; Receive the Minutes of the Planning Commis ' Meeting of March 17, �ggg ...................... ...... �on... ............. ............ 4.01 — 4.06 Special Use Permit Request, SP #gg_03, b Totino-Grace High School to Allow a y Track and ASSOCiated Amenities to beRunning Reconstructed in a R-1 District, Ge Located at 1350 Gardena Avenue Neraliy . E. (V1/ard 2� ;. ............. .. 5.01 _ ,. ............ 5.09 � Approve Cooperative Agreement Be Mississippi Riverqrnerican River He�een Upper Communitie �tage � s ........................................... ....... ; ................. : ........... 1 — 6.03 � ..... .0 FRIDLEY CITY COUNCIL MEETING OF APRIL 12, 1999 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUE� Resolut��n Authorizing Application to the Department of Trade and Economic Development for Contamination Cleanup Funds (Onan and Murphy Warehouse, Ward2 .............................. Central Avenue and 73`� Avenue) ( PAGE 3 7.01 — 7.02 Resolution Authorizing Application for the Tax Base Revitalization Account (Onan and Murphy Warehouse, Central Avenue and 73`d $ 02 ) (Ward 2 ........................................ 8.01 — Avenue) ................................... Resolution Approving a Plat, P.S. #98-04, by N. G. Nelson, Onan Corporation, to Replat Property to Accommodate the Development of a Warehousing Facility, Generally Located at 1400 — 73`d Avenue N.E. (Ward 2) ............................................ Resolution to Release the Property Located at Lot 1, Block 2, Springbrook Apartments at Northtown from Compliance with Stipulations Erroneously Recorded Against the Property (Ward 3) ............................................ ............................ ......... 9.01 — 9.13 10.01 —10.0� FRIDLEY CITY COUNCIL MEET�NG OF APRIL 12, 1999 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED)• 4 Approve Changer Order No. 1 for the Riverview Heights Area Street Improvement Project s` No. ST. 1999 — 1 ............. ................................................................ 11 .01 — 11.03 Resolution for the Dissolution of the "Hazardous Materials Response Vehicle" Joint Powers Agreement Between the Cities of Fridley, Columbia Heights, St. Anthony, Coon Rapids, and the Spring Lake Park, Blaine, Mounds View Fire Department .............................................. ................................ 12.01 — 12.03 Claims .......................... .................................. 13.01 . ......................... Licenses .....,,... .................................................................. ••••....... 14.01 — 14.05 Estimates .................. ..................................................................... 15.01 ADOPTION OF AGENDA. OPEN FORUM, VISITORS: (Consideration of Items not on Agenda - 15 Minutes) .., . �� FRIDLEY CITY COUNC:IL mtt � mu vr r►rr�� , •�� PUBLIC HEARINGS: PAGE 5 Ordinance Amending the City Code of the City of Fridley, Minnesota, to Repeal Chapter 404, Entitled "Gas Franchise" and Adopt a New Chapter 404, Entitled "Gas ... 16.01 —16.11 Franchise" .................................... ....................................... Ordinance Amending the City Code of the City of Fridley, Minnesota, to Include a New 17.01 — 17.10 Chapter 408, Entitled "Electric Franchise" ......••••••••••••••••••••••••• NEW BUSINESS: Resolution Adopting a Final Alternative Urban Areawide Review Environmental Analysis Document and Mitigation Plan for the Medtronic Inc. Campus (Fridley Lake Pointe Center) at the Northwest Corner of I-694 and Highway 65 18.09 (Ward 1) ............ 18.01 — ........................................................................... tnformal Status Reports ............. .............................. 19.01 ADJOURN. CITY OF FRIDLEY (OFFICIAL PUBLICATIOl� ASSESSMENT NOTICE NOTICE IS HEREBY GNEN, that the Board of Review of the City of Fridley in Anoka County, Minnesota, will meet at the Fridley Municipal Center, 6431 University Avenue Northeast, in said City on Monday the 12th of April, 1999 at 7:30 P.M., for the purpose of reviewing and correcting the assessments of said City of Fridley for the year of 1999. All persons considering themselves aggrieved by said assessment or who wish to complain that the property of another is assessed too low are hereby notified to appear at the said meeting and show cause for having such assessments corrected. No complaint that another personen notified of such mplain e acted upon until the person so assessed, or his agent, shall have be Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxil�ary aids should contact Roberta Collins at 572-3500 no later than Apri17, 1999. Debra A. Skogen City Clerk Published: Fridley Focus News March 25, 1999 and Apri12, 1999 1.01 � � � `'" �� FRInLEY CITY COUNCIL MEETING OF APRIL 12, 1999 Q,�,oF FRIDLEY The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE. BOARD OF REVIEW MEETING Board of Review .................................... 1.01 C �-�(`ih�.c� !� y�L � r�l % CITY COUNCIL MEETING APPROVAL OF MINUTES: City Council Meeting of March 22, 1999 ��, � � L�,,�� ` �'7- �`- � dyl,i�2ec � S � �O � � - /SQ2l�.e�� > �N� /�v�-2'��''8-'�""-• z�� `g/� Q�, � �� ,�� Q�- - APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS: APPROVAL OF PROPOSED CONSENT AGENDA: Second Reading of an Ordinance Recodifying the Fridley City Code, Chapter 206, Entitled "Building Code," by Amending Sections 206.01.02, 206.01.03, 206.03.01, 206.03.03, 206.04, 206.05.01, and 206.07.12 ..................... 2.01 — 2.19 . and, Approve Otficial Title and Summary Ordinance ..................................3.01 — 3.02 r� � " � r�� 1�� NEW BUSINESS: Receive the Minutes of the Planning Commission Meeting of March 17, 1999 ................... 4.01 — 4.06 Special Use Permit Request, SP #99-03, by Totino-Grace High School, to Allow a Running Track and Associated Amenities to be Reconstructed in a R-1 District, Generally Located at 1350 Gardena Avenue N.E. (Ward 2) ................................... 5.01 — 5.09 Approve Cooperative Agreement Between Upper Mississippi River American River Heritage Communities .................................. 6.01 — 6.03 Resolution Authorizing Application to the Department of Trade and Economic Development for Contamination Cleanup Funds (Onan and Murphy Warehouse, Central Avenue and 73�d Avenue) (Ward 2) ................................... � ,� �' � t�q� !�` 7.01 — 7.02 1�+q� Resolution Authorizing Application for the � Tax Base Revitalization Account (Onan and Murphy Warehouse, Central Avenue and 73rd Avenue) (Ward 2) .........................�i..�... 8.01 — 8. 2 �� _, + FRIDLEY CITY COUNCIL MEETING OF APRIL 12, 1999 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): Resolution Approving a Plat, P.S. #98-04, by N. G. Nelson, Onan Corporation, to Replat� Property to Accommodate the Development of a Warehousing Facility, Generally Located at 1400 — 73� Avenue N.E. (Ward 2) ... 9.01 — 9.13 l�� ', pk S��` �a�� ,� GQ-� �i ��2�(�q Resolution to Release the Property Located �'�°�� at Lot 1, Block 2, Springbrook Apartments at Northtown from Compliance with Stipulations Erroneously Recorded Against the Property (Ward 3) ................................... 10.01 —10.08 � Approve Changer Order No. 1 for the Riverview Heights Area Street Improvement Project No. ST. 1999 —1 ......................... ........ 11.01 —11.03 Resolution for the Dissolution of the "Hazardous Materials Response Vehicle" Joint Powers ��,� Agreement Befinreen the Cities of Fridley, Columbia Heights, St. Anthony, Coon Rapids, and the Spring Lake Park, Blaine, Mounds View Fire Depa�tment .............................. .... 12.01 —12.03 � �� Claims...................................13.01 U Licenses ................................... 14.01 —14.05 Estimates ...................................15.01 r PAGE 2 ADOPTION OF AGENDA. ��,��J �� ;��u.� �� OPEN FORUM, VISITORS: (Consideration of Items not on Agenda - 15 Minutes) l' �� Ec6 �� i°�. P LIC HEARINGS: Ordinance Amending the City Code of the City of Fridley, Minnesota, to Repeal Chapter 404, Entitled "Gas Franchise" and Adopt a New Chapter 404, Entitled "Gas Franchise" ................................... 16.01 —16.11 � Ordinance Amending the City Code of the City of Fridley, Minnesota, to Include a New Chapter 408, Entitled "Electric Franchi '.. 17.01 —17.10 NEW BUSINESS: Resolution Adopting a Final Alternative Urban ,� �(�� Areawide Review Environmental Analysis ,� Document and Mitigation Plan for the Medtronic Inc. Campus (Fridley Lake Pointe Center) at the Northwest Corner of I-694 and Highway 65 (Ward 1) ................................... 18.01 — 18.09 �' Informal Status Reports . ADJOURN. 19.01 i T� MINUTES OF THE FRID I,EY CITY COUNCIL MEE'rING 4F �RCH 22,1999 OF MARCH 22, 1999 The Regular Meeting of the Fridley City Council was called to order by Mayor Jorgenson at 7:32 p.m. PLEDGE OF ALLEGIANCE: Mayor Jorgenson led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor 7orgenson, Councilmember Barnette, Councilmember Billings, Councilmember Wolfe, and Councilmember Bolkcom 1VIEMBERS ABSENT: None PRESENTATION: Facin� the Future with Hone: Ms. Marilyn Wegscheider, Ms. 7ean Wagener, Mr. Bill Ekstrom and Mr. Clem Coverston were present, to discuss Facing the Future with Hope. Facing the Future with Hope is a church coalition aimed at building relationships between church communities and the broader community Through these efforts, it was felt that a variety of benefits could be achieved such as stronger leadership in the congregations; strengthening of neighborhoods, cities and public institutions; a sharing of faith with others; and building relationships. One important step in this effort has been the outreach visits, which have been made. People from three churches in Fridley visited with residents in various neighborhoods in the community and obtained input regarding community issues such as public safety, transpoRation, education, housing, etc. Surveys were conducted to determine the levels of concern in each of these areas as well as to identify strengths of the community. The ne� step would be to sit down with leaders of the community to further discuss the results of the surveys and identify how resident concerns can be addressed. It was felt that an increase in awareness would lead people to take a more active interest in government and bring about ways to improve the community. Mayor Jorgenson thanked the members for the information and stated that she was looking forward to working with them m the future. APPROVAL OF MINUTES: Regular Citv Council Meeting of March 1, 1999: MOTION by Councilmember Barnette to amend the March 1, 1999 minutes to close the public hearing for Special Use Permit SP #97-07. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAyOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Bolkcom to approve the minutes of the March 1, 1999 City Council Meeting AS AMENDED. Seconded by Councilmember Ba,rnette. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIlVIOUSLY. APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS: 1. » "FEES": �� Mr. Burns, City Manager, explained that a public hearing and first reading of this ordinance which would lower the City's solid waste abatement fee from $6.00 to $5.50 were conducted at the March 1 City Council meeting. No comments have been received since that meeting. The fee reduction was being generated by the decision to close the recycling center. The fee was a quarterly fee that is charged to owners of residential dwellings in buildir�gs encompassing up to twelve units. The purpose of the fee is to cover the costs for the City's residential recycling program. APPROVED ORDINANCE NO. 1122 AMENDING CHAPTER 113, ENTITLED "SOLID WASTE DISPOSAL AND RECyCLING COLLECTION," BY AMENDING SECTION 113.07, AND ALSO AMENDING CHAPTER 11, ENTITLED "GENERAI, PROVISIONS AND FEES," BY AMENDING SECTION 11.10, "�ES." NEW BUSINESS• 2. 3• FIRST READ rPnF e rrIln�n� TMMISSION MINUTES OF MARCH 3,1999. 206.07.12: Mr. Burns, City Manager, explained that this legislation would update the Fridley City Code by adopting the most recent versions of the Minnesota State Building Code and the Uniform Building Code. These code changes include adoption of a new fee schedule for different types of construction. A ten percent increase would occur for most types of 4. 5. 'ncreases reflect inflation of the costs of const code updat ell a� �he pe�tS. These fee i City's cost of operating the building inspection services since the as �E ORDINANC B� ING� �DE" BY APPROVED FIRST R�ADING�R 206 ENTITLED FRiDLEY C� C�ONSC 2� 01.02, 206.01.03, 206.03.01, 206.03.03, 206.04, AMENDING SE 206.05.01 AND 206.07.12. __ , T,,, 7n�vrc_ Ta N E(wA� 31� roved in April of Ci Manager, explained that the original variance was app 1Vir. Burns, tY ear extension. 1998. The owner, Mr• B�aine Jones, is requesting a one-y VAR #98-07, BY B�� JO�S, AppgpVED EXTENSION OF VARIANCE, Tp AI,LOW THE TO REDUCE THE FRONT YARD SETBACK ION OF A GARAGE, GENERALLY LOCATED AT 54 LOCKE gECON5TRUCT A� 3). LAKE ROAD N.E. (W _�:�.�T �T s�v FOIi CENTRAL Av�� u� 1•.L. .. "y`- - ro ert ar'e the Manager, explained that changes in the sign plan for this p p Y Nir. Burns, City ro osed sign plan result of a change in ownership and tenanect to the followinS st Pulations: 1) The total changes and recommended concurrence sub� Future pylon signs si na e of the front elevation will not exceed 6i suancerof a sign permit- g g lan amendment prior to the shall require a sign p ENDMENT TO THE COMPREgENSIV� SIGN PLAN FOR QPPRO�D � LL/MENARDS pLAZA� GENERALLY LOCATED AT 5235-524 SKYW�OD MA Ag� 2�. CENTRAL AVENUE N.E. (W -___ -..T .,.T -cnu 7R2( 6. AYrxv v�. n�.�y� , y_--- UNIVERSITY AVENUE N E(WA� 3: • 1Viana er, explained that these proposed changes have also resulted from Ivlr. Burns, City g roval subject 1 for si n permits before chan es in tenants. Staff reviewed the changes �a� eT��121pp yd thei gapp g The property rehensive slgn to the following stipulations: 1) ��re pylon signs will require a comp installing future signs; and 2) AnY plan amendment. NDMENT TO THE COMPREHENS� SIGN PLAN FOR APPROVED AME AgJ� 3�. 7820 UNIVERSITY A��E N.E. (W . 9. 10. 8. Mr. Burns, City Manager, explained that this agreement would r• $75,198.25 in SCORE funding for operation of the City's various p°�de for up to The new agreement contains more demanding promotion requirements e clin consistent with what Fridley is already implementin . In � g Programs. �s the same as the one the City operated und • � however, they are g all other aspects, the agreement er m 1998. ApPRUVED 1999 RESIDENTIAL RECyCLING AGREEMENT B CT'I'I' OF FRIDI,Ey AND THE COUNTy OF ANOKA, ET�'EEN TgE Mr. Burns, City Manager, noted that the City recently sou ht ro telephone system which v�,ould allow the City to be Year 2000 � om lian�sals for a new advantage of new telecommunications technologies that have been devt as well as take current telephone system was installed in 1989. Proposals were recei edd since the vendors, with the lowest and best proposals being provided by Matrix Co from two the amount of $131,218. Mr. Burns noted that this amount was consid the $85,000 budgeted for 1999; however, the new S �u�cations in savings of $13,200 per year. At this rate of savin S t erably higher than ystem would provide operating back in three and one-half years. g� he amount over budget will be paid RECEIVED pROPOSALS AND AWA�jED CONTRACT FOR T OF A NEW TELEPgpNE SYSTEM WITg VOICE �� E PURCHASE COMMUNICATIONS IN THE AMOUNT OF $131,21g, TO NIA,Ti� Mr. Burns, City Manager, explained that bids were opened on Febru Kassa Construction of Richfield, MN submitted the low bid in the amo� 24' 1999. Ron provided for remedial curb, gutter and sidewalk repairs that have been ne $53,375. It utility and driveway entrance construction that will occur throughout the �essitated by � year. CEIVED BIDS AND AWA�ED CONTRACT FOR CONCRE'TE CU� AND GUTTER PRp,TECT NO. 322 CONSTRUCTION IN THE AMOUNT OF $53,375. MISCELLANEOUS TO RON KASSA _ Mr. Burns, City Manager, noted that bids on this project were o ene 1999 with the low bid being provided by Biturrunous Roadways of M� d on February Zq, of $210,327.74. Since this amount was over the bud et b �eapolis at a cost contractor was asked to reduce the contract by an allowedy25 ore than $50,000, the percent. This meant 11. ''natin streets in the northwest portion of the City that were not originallY �cluded in eluni S this year's sealcoating program• The remainin8 area was generally north of 73 venue, east of the Burlington Northern tracks and west of Highway 65. THIS �M wAS gEMpVED FROM THE CONSENT AGENDA AND pL�CED ON THE 1tEGULAR AGENDA, IMMEDIATELY FOLLOWING ITEM 1�.T ._„' SYST'E1VI IN TH� YEAR 2000• Burns City Manager, explained that this emergency re000 tfrom Long Lake Tractor 1VIr. , purchase of five trailer-mou Se u ed from three ma ufac$urers and staff believed the pnce & Equipment. Prices were h demand and are in scarce was competitive. Staff has been to1 endedt that 1 the S C'rtyl no g follow the usual bidding supply. Therefore, staff recomm P rocedure for these items. Other less time-sensitiveadd'i ional research. be commg to Council within the ne� month after staff has complete AppRpVED RE50LUTION NO. 24-1999, OF T� E�RGENCY EXISTS MINNESOTA, BY WHICH IT F�S T�T AN REQ ZJgZING TgE PURCHASE OF FIVE PO�'VER GEO ��O w��O�E PUBLIC BID 1N �� YSTEM I�N�T� �� 2 00. MUNICIPAL SEWAG 12. CL_.__ A�= AppR��D �gE pAyMENT OF CLAIM NOS. 85870 THROUGH 86303. 13. LICENSES: AppRpVED LICENSES AS SUBMTTTED. 14. ESTIMA�S: AppgpVED ESTIMATES AS FOLLOWS: Newquist & Ekstrum, Chartered 301 Fridley P1aza Office Building 6401 University Avenue N.E. Fridley, N1N 55432 Services Rendered as City Prosecuting $15,603.75 Attorney for the Month of December 1998 Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, M1V 55432 Services Rendered as City Prosecuting Attorney for the Month of January 1999 $18, 840.80 Councilmember Bolkcom requested that Item 10 be removed from the consent a enda. g MOTION by Councilmember Bolkcom to approve the consent agenda, AS Seconded by Councilmember Woife. AMENDED. UPON A VOICE VOTE, ALL MEMBERS VOTIl�TG AyE� MAYOR JOR DECLARED TgE M�TION CARRIED U1�JANIMOUSLY, GENSON ADOPTION OF AGENDA: Mayor Jorgenson noted that Item 10 would be placed under New Business, immediatel Item 16. y following Councilmember Billings asked that one item be added to the agenda, followin Ite would like to discuss the memora.ndum Council received from Bill Cham a and Bg m 1�' He regard to the request for proposal for public access. p n� Strand with MOTION by Councilmember Billings to add Item 17(a) to the agenda. Seconded b member Wolfe. y Council- UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAyOR JOR DECLARED THE MOTION CARRIED UNAN1MpUSLY. GENSON MOTION by Councilmember Barnette to approve the adoption of th Seconded by Councilmember Bolkcom. e agenda, AS AMENDED. UPON A VOICE VOTE, ALL MEMBERS VOTING Ay�� y�R JORG DECLARED THE MOTION CARRIED IT�JArJ��USLY. ENSON OPEN FORUM VISITORS: Mayor Jorgenson noted that this was the time set aside for residents to speak about issu the agenda. es not on There were no questions or comments from the public. PUBLIC HEARING: 15. r vr �,u. �..�.... _ _-- - -- - LOCATED AT 5695 HACKMANN AVENiT� (�'A�� MOTION by Councilmember Bolkcom to open the public hearing at 5:00 p.m. and to waive the reading. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL MEMBERS V�TNIMOUSLY MAND RTHE PUB LC DECLARED THE MOTION CARRIED UN HEARING WAS OPENED AT 8:00 P.M. Mr. Hickok, Planning Coordinator, explained that the petitioner, Mr. Hoeschen, of the Holiday Companies requested additional time to prepare information before having his special use permit request go before Council. To allow ample time for their traffic consultant to prepare necessary information, they requested that the public hearing be continued to April 26, 1999. Mr. Hickok said that notices would be sent out to the area residents informing them of the new date. MOTION by Councilmember Billings to receive the letter of March 11, 1999 from Mr. David D. Hoeschen. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL MEMBERS VOTINL AYE, MAYOR JORGENSON DECLARED THE MOTION CARR�D UNANIMO Motion by Councilmember Billings to continue the public hearing on April 26, 1999. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL MEMBERS VOOINL AYE, MAYUR JORGENSON DECLARED THE MOTION CARRIED UNANIM NEW BUSINESS: 16. 6949 HICKORY DRNE N E(WARD 31: Mr. Hickok explained that Mr. and Mrs. Nichols requested a variance to aia st ee uired by code. travel trailer on their blacktop dnveway rather than in the side or rear ya q He provided photographs of the property, noting that it was located on the north edge of Locke Lake. Several photographs were presented showing the location of the trailer from various directions. Mr. and Mrs. Nichols' hardship was that their lot does not allow them to utilize either the side yard or the back yard. Both of their side yards slope sharply, and o ess to the side or re�ar yarde flower boxes. Mr. Hickok noted that on a field visit, there was not acc Mr. Hickok noted that no similar requests have been granted. Council did consider one such variance request at a January meeting but denied the request. Staff did not have any recommendation on this request. He noted that if Council grants this variance, the following stipulations would be recommended: 1) The petitioner shall continue pazking the travel trailer on the paved surface; 2) The petitioner sha11 continue parking towing vehicle in the garage when not in use; and 3) The variance shall become null and void once Mr, and Mrs. Abraham Nichols sell the property or move from the home. Mayor Jorgenson asked if Mr. and Mrs. Nichols were issued a citation. Mr. Hickok responded that this violation was discovered as part of the systematic code enforcement process. No complaints have been received; however, several letters of support have been sent to the City from neighbors. The ordinance, however has been in effect since the late 1960s. Councilmember Bolkcom stated that she did not feel the Appeals Commission's direction was clear. Mr. Hickok stated that the Appeals Commission would like to see this portion of the code revisited so that it would be clearly evident that in no case are travel trailers to be parked in the front yard. There was some discussion with regard to motor homes being parked in driveways. Mr. Hickok noted that these types of units fall within the statutory definition of vehicles; and, therefore, are allowed on driveways. This is often difficult for residents to comprehend. Councilmember Wolfe noted that to most residents who live on the lake, the lakeside property is considered to be the &ont yard. Parking trailers there would have a more visual impact than parking them on the front driveways. Mayor Jorgenson stated that she felt the ordinance must be applied to all properties within the . City, not just certain properties. Councilmember Bolkcom felt that the entire ordinance needed to be reviewed again. 1�1i'. Knaak, City Attorney, stated that he felt Council must be careful in granting variances such as this. There are likely other properties with similar situations, which would come forward with variance requests as well. If Council chose to approve the variance, the various set of unique circumstances which apply to this property would need to be explicitly outlined. MOTION by Councilmember Bolkcom to approve Variance #99-01, due to the unique characteristics of the property. Seconded by Councilmember Wolfe. MOTION by Councilmember Bolkcom to amend the motion of approval, noting that it was a unique property with the lake in the rear yard, and it was to include the following stipulations: 1) the petitioner sha11 continue parking the travel trailer on the paved surface; 2) the petitioner shall continue parking towing vehicles in garage when not in use; and 3) the variance sha11 become null and void once Mr, and Mrs. Abraham Nichols sell the property or move from the home. Seconded by Councilmember Wolfe. Mr. Mark Nichols, stated that his parents, Mr. and Mrs. Nichols, have been residents of Fridley since 1965. The trailer has been parked in that location for over thirty years. During the summer months, the trailer is moved to a seasonal site on Big Lake. The neighbors have all indicated their approval of the parlcing situation. He stated that his parents are retired with a f�ed income and that storing the trailer off site would be expensive. Mayor 7orgenson stated that she was empathetic that Council must maiDriveconsistency. This situation would really be no different than those properties on Matterhorn Councilmember Barnette stated that he could support the variance request provided it would become null and void if the Nichols should ever move or sell the property. Councilmember Billings stated that a stipulation such as this would indicate that the variance was not being granted for the particular property, but rather for the property owner and would establish a precedent for storage of other trailers in front yards. He felt that many of the big motor homes do create a bigger visual impact than trailers such as that owned by Mr. and 1V�'s. Nichols. However, at this time, he could not support this variance. Councilmember Barnette asked where some of the other trailer owners at the Big Lake resort store their trailers during off-season. Mrs. Nichols stated WO ldanost appro�ma elyk$48 Osper She checked into the cost of domg so, and found tha month to store the trailer on a 12 foot by 24 foot stall (outdoors). Mr. Knaak, City Attorney, noted that should Council choose to app and lare e evergreensuon�the would recommend that the approval be based on the steep slopes 8 property and the fact that there is no possible way to put the travel trailer in the side yard. There was no a11ey behind the home to access the rear yard. Additionally, due to the large trees on the lot, the travel trailer is fairly well screened from all neighbors except those directly across the street. UPON A VOICE VOTE, COUNCILMEMBER BOLKCOM AND COUBNCRILMEI�VI�BGE WOLFE VOTED AYE, AND MAYOR JORGENSON, COUNCILME BARNETTE AND COUNCILMEMBER BII�LINGS VOTED NAY. �YOR JORGENSON DECLARED THE MOTION FAILED. Mr. Hickok noted that Mr. and Mrs. Nichols have 45 days to remove the trailer from their property. Councilmember Bolkcom felt that portion of the City Code should be revisited. 10. RECEIVE BIDS AND AWARD T NO STC1999 10 R 1999 STREET IMPROVEMENT (SEALCOATI PROJEC Councilmember Bolkcom stated that she requested that this item be removed from the consent agenda for clarification as to which streets would be sealcoated. Mr. Flora provided a diagram showing which streets would be completed. Originally, staff felt that the area, which was not completed under the Riverview Heights project, could be completed as a part of this project. However, when bids came in, it was evident that the costs would far exceed the amount budgeted in 1999 for this project. Therefore, staf�s first recommendation was thatg hose areas be deleted which would bring the project cost down from $210,327.74 to $163,131.2 . Since that time, staff re�eived the bids for the Riverview Heights street improvement project, which were essentially $200,000, less than what was originally anticipated. As a result, staff felt FRIDLEY CITY COUNCII. MEETIl�tG OF MARCH 22 1999 PAGE 10 that a portion of the funds budgeted for the Riverview Heights project could be used to finance the sealcoating project, thereby allowing all of the work (Areas 1& 2) originally proposed to be completed on schedule under the City's street maintenance program. A discussion followed with regard to the possibility of cost overruns and change orders that could occur when the Riverview Heights project is completed. This would, in turn, increase the costs for that project. Mr. Flora noted that one change order was already anticipated for the Riverview Heights project; however, he remained confident that there would be ample funds in the project budget to complete the project satisfactorily. Councilmember Bolkcom asked how much excess funds anticipated would remain available for other change orders which could result. Mr. Flora noted that the anticipated cost of the Riverview Heights project was between $2.2 million and $2.6 million. The bid came in at just under $2 million. Even with the approximate $140,000 in change orders (including the seal coating project and the raising of the water line), it appears that there would still be ample funds. Councilmember Billings noted that at some point the areas designated for sealcoating would need to be doubled up in order to allow the project to remain on schedule. With costs continuing to increase, he felt Council should consider looking at completing the sealcoating in Area 1 at this time. Mayor Jorgenson stated her concern is that what appears to be a surplus of funds at this time may eventually end up as a deficit. MOTION by Councilmember Bolkcom to receive the bids and award the contract for the 1999 Street Improvement Project No. ST 1999-10 to Bituminous Roadways in the amount of. $210,327.74, including all of Area 2 as scheduled plus those streets in Area 1 that axe not part of the Riverview Heights project area. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIlVIOUSLY. 17• RECEIVE BIDS AND AWARD CONTRACT FOR THE 1999 STREET IMPROVEMENT PROJECT NO. ST. 1999-1: RIVERVIEW gEIGHTS: Mr. Flora noted that the bids for this project were opened on March 19, 1999. The low bid was received from Park Construction in the amount of $1,969,634.75. He noted that the City has worked with Park Construction in the past and has not had any problems. MOTION by Councilmember Bolkcom to receive the bids and award the contract for the 1999 street improvement project No. ST 1999-1: Riverview Heights to Park Construction in the amount of $1,969,634.75. Seconded by Councilmember Barnette. Mr. Flora noted that as a result of the low bid, staffproposed a change order that would raise the water line along 79th Way and Riverview Terrace to preclude future maintenance issues resulting from the waterline's increased depth. FRIDLEY CTTY COUNCII. MEETING OF MARCH 22 1999 PAGE 11 Councilmember Billings asked if the price for the change order would include the removal of the old line. Mr. Flora noted that it would be extremely difficult to remove, as it is below all of the other utility lines. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. 17A. DISCUSSION REGARDING MEMORANDUM FROM BILL CHAMPA AN� BRIAN STRAND RELATING TO PUBLIC ACCESS: Councilmember Billings noted that a memorandum was sent to Council in their weekly packet with regard to the Request for Proposals for public access. He noted that when this item was presented to Council at their work session in 7anuary, staff was proposing specific hours of operation. He believed that Council d t IWO Id need t oclbe topenourThe � eco tmme dedthou sClof the number of hours per week that operation in the RFP was listed as 37 hours per week. In reviewing the recap of the studio usage and editing equipment usage which was received from E.T.C. Channel 33 from May through December of 1998 indicates that there are appro�cimately 5.5 hours of usage per week by Fridley residents and seven hours per week of usage by non- Fridley residents. He did not feel the studio should be open 37 hours per week when the usage was approximately fifteen hours per week. He also noted that he did not find anything in the RFP that would encourage the provider to increase the usage. If the hours of operation needed to be adjusted after the first year, it could be done. Another requirement that he believed was in the draft RFP, was that the public access would be available to the residents of Fridley; the residency requirements are no longer in the RFP. Mayor 7orgenson stated that she had been contacted be several members of the community who were interested in reviewing the RFP. She asked if they were contacted to provide input in the process. Mr. Strand, Video Specialist, explained that three members were present at the Cable Television and Telecommunications Advisory Commission meeting when this RFP was discussed and none of them were in favor of establishing a residency requirement. In regard to hours of operation, the Cable Commission wanted to have some hours of operation specified to assist in the bidding process. They indicated a desire to keep those hours under 40 per week but did not feel that 20 hours was adequate. Councilmember Billings stated that one of the reasons he did not support signing a contract with E.T.C. Channel 33 was that the level of service being provided was far in excess of the demand for the City of Fridley. He felt that adequate service could be provided to meet the needs of the residents at a far lower cost by reducing the number of hours of operation. Perhaps if the City wished to continue offering the service to non-residents, a small fee should be charged. He noted that he did not feel that Fridley had an obligation to provide equipment to anyone who may want to use it. He did not think it was a good way to spend t� dollars. Mayor Jorgenson noted that there are many other amenities in Fridley which are not only available to Fridley residents such as the hockey rinks, the swimming beaches, etc. Naturally, one would encourage and hope that Fridley residents are using these resources, but there are no residency requirements established in these areas. Councilmember Billings stated that streets and parks in the City are not maintained to a greater level to allow for non-residents than what is provided for residents. In the c,�se of public access, however, additional hours would be available to provide access for non-residents. Councilmember Billings also suggested that staff look at some type of insurance for the equipment, as the hold harmless clause in the RFP may not be adequate. Furthermore, some kind of security bond (beyond the performance bond) may be necessary. Councilmember Wolfe stated that he would not object to charging non-residents a small fee for public access. Sports associations often charge non-residents a higher fee than residents. Councilmember Barnette suggested that the RFP specify the hours of operation to be 20 hours per week and that a minimal fee be charged for non residents. Mayor Jorgenson wondered if this would discourage people from responding to the RFP. It was the general consensus that staff address these items and have a discussion by the Cable Commission after which time it would again be brou�ht to Council for consideration. ig• INFORMAL STATUS REPORTS: Councilmember Bolkcom presented a copy of the 50�` Anniversary booklet for Fridley. She stated her appreciation to all those who were involved in preparing the booklet. The booklets will be delivered with Focu_�,5. For those who do not receive a copy, additional copies will be available at various locations including the Community Center and the Municipal Center. Mayor Jorgenson reminded residents of the Lasagna Dinner put on by the Fridley Historical Society on Saturday, April 17. Tickets are available by contacting the Fridley Historical Society. ADJOURN: MOTION by Councilmember Barnette to adjourn the March 22, 1999 City Council meeting at 9:45 p.m. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAyOR JORGENSON DECLARED THE MOTION CARRIED UNANIlVIOUSLY AND THE MEETING WAS ADJOURNED AT 9:45 P.M, Respectfully submitted, Tamara D. Saefke Recording Secretary Nancy J. Jorgenson Mayor MEMORANDUM DEVELOPMENT DIRECTOR DATE: April 5, 1999 h TO: William W. Burns, City Manager �r� FROM: Barbara Dacy, Community Development Director and Ron Julkowski, Chief Building Official SUBJECT: Second and Final Reading of an Ordinance Amending Chapter 206, Entitled Building Code, to Adopt the 1997, Minnesota State Building Code to Adopt the 1997 Minnesota State Building Code First reading of the amendment to Chapter 206 occurred at the City Council's March 22, 1999, City Council meeting. Second and final reading is now appropriate. Also on Monday evening's agenda is an item to adopt a summary ordinance for publication. The attached ordinance amends the appropriate sections of Chapter 206 to reflect the updates which have been adopted by the State of Minnesota. Recommendation Staff recommends that City Council adopt the second and final reading of the ordinance as presented. BD\jt M-99-87 2.01 ORDINANCE NO. AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 206 ENTITLED "BUILDING CODE", BY AMENDING SECTIONS 206.01.02, 206.01.03, 206.03.01, 206.03.03, 206.04, 206.05.01, AND 206.07.12 206.01. BUILDING CODE 1. The Minnesota State Building Code, established pursuant to Minnesota Statutes 16B.59 through 16B.73, one copy of which is on file in the office of the City Clerk of Fridley, Minnesota, is hereby adopted by reference as the Building Code of the City of Fridley and incorporated in this Chapter as completely as if set out here in full. (Ref. 901) 2. The following chapters of the Minnesota State Building Code including the following chapters of Minnesota Rules are adopted by the City: A. Chapter 1300 - Minnesota Building Code. B. Chapter 1301 - Building Officiat Certification. C. Chapter 1302 - State Building Construction Approvals. D. Chapter 1305 - Adoption of the 1997 Uniform Building Code including Appendix Chapters: (1) 3, Division I, Detention and Correctional Facilities (2) 12, Division II, Sound Transmission Control. (3) 15, Reroofing (4) 16, Division I, Snowload Design (5) 29, Minimum Plumbing Fixtures (6) 31, Division II, Membrane Structures E. Chapter 1307 - Elevators and Related Devices F. Chapter 1315 - 1996 National Electrical Code G. Chapter 1325 - Solar Energy Systems H. Chapter 1330 - Fallout Shelters I. Chapter 1335 - Floodproofing Regulations J. Chapter 1340 - Facilities for the Handicapped K. Chapter 1346 - Minnesota 1991 Uniform Mechanical Code L. Chapter 1350 - Manufactured Homes M. Chapter 1360 - Prefabricated Buildings Z■�Z Page 2 - Ordinance No. N Chapter 1361 - Industrialized/Modular Building 0. Chapter 1370 - Storm Shelters P. Chapter 4715 - Minnesota Plumbing Code Q. Chapter 7670 Minnesota Energy Code 3. Administration Optional Appendices. The following chapter of the code is adopted without change by the City: A. Chapter 1305.0020 Subpart 2: 33, Excavation and Grading 4. Organization and Enforcement. A. The organization of the Building Division and enforcement of the code shall be as established by Chapter 1 of the Uniform Building Code 1997 Edition. The Code shall be enforced within the incorporated limits of the City and extraterritorial limits permitted by Minnesota Statutes. B. The Building Inspection Division shall be the Building Code Department of the City of Fridley. The Administrative authority shall be a State Certified Building Official. (Minnesota Statute 166.65) C. The City Manager shall be the Appointing Authority and designate the Building Official for the jurisdiction of Fridley. (Ref. 961) 206.02. CONFLICTS In the event of any conflict between the provisions of this Code adopted by the provisions of this Chapter and applicable provisions of State law, rules or regulations, the latter shall prevail. 206.03. PERMITS AND FEES 1. The issuance of permits, and collection of fees shall be as authorized in Minnesota Statute 16B.62 subdivision 1 and 166.70 and as provided for in Chapter 1 of the 1997 Uniform Building Code and Minnesota rules parts 1305.0106 and 1305.0107. Section 107.3, is amended to read "...except on occupancy groups R-3 and U.1 ". (Ref. 901) 2. Violations and Penalties. A violation of the code is a misdemeanor (Minnesota Statute 16B.69) 3. The fee schedules shall be as foltows: A. Plan Review Fees. (1) When a plan or other data are submitted for review, a plan review fee shall be paid at the time of submitting plans and specifications for review. 2.03 Page 3 - Ordinance No. (2) Where plans are incorporated or changed so as to require additional plan review an additional plan review fee shall be charged. (3) Applications for which no permit is issued within 180 days following the date of application shall expire by limitation and plans and other data submitted for review may thereafter be returned or destroyed. The building official may extend the time for action by the applicant once for a period not exceeding 180 days upon request by the applicant. (4) The plan review fee shall be 65 percent (65%) of the building permit fee and shall be credited to the building permit plan check fee if a permit is obtained within 180 days following the completion date of plan review. (Ref. 901) B. Building Permit Fees. (Ref. 901) TOTAL VALUATION FEE .00 to 8 500.00 .........................523.50 5 501.00 to 52,000.00 .........................523.50 for the first 5500.00 plus 53.05 for each additional 5100.00 or fraction thereof, to and including 52,000.00 $ 2,001.00 to 525,000.00 ........................$69.25 for the first 52,000.00 plus S 14.00 for each additional $1,000.00 or fraction thereof, to and including 525,000.00 $25,001.00 to 550,000.00 ...................... 5391.25 for the first 525,000.00 plus S 10.10 for each additional S 1,000.00 or fraction thereof, to and including S 50,000.00 550,001.00 to 5100,000.00 ......................$643.75 forthe first $50,000.00 plus 57.00 for each additional 51,000.00 or fraction thereof, to and including S 100,000.00 S 100,001.00 to 5500,000.00 .................... 5993.75 for the first $100,000.00 plus S5.60 for each additional 51,000.00 or fraction thereof, to and including S 500,000.00 5500,001.00 to $1,000,000.00 ..................$3,233.75 for the first 5500,000.00 plus $4.75 for each additional $1,000.00 or fraction thereof, to and including S 1,000,000.00 51,000,001.00 and up ..........................55,608.75 for the first S1,000,000.00 plus 53.15 for each additional $1,000.00 or fraction thereof Other Inspections and Fees: Inspections outside of normal business hours....$47.00 per hour* (minimum charge - two hours) Reinspection fees assessed under provisions of Section 108.8 ......................................... 547.00 per hour� Inspections for which no fee is specifically indicated ...................................... 547.00 per hour* (minimum charge - one-half hour) 2.04 Page 4 - Ordinance No. Additional plan review required by changes, additions or revisions to approved plans ................ $47.00 per hour* (minimum charge - one-half hour) *Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved. For use of outside consultants for plan checking and inspections, or both ...... . . .Actual Costs* *' Residential Mobile Home Instatlation..........530.00 Surcharge On Residential Building Permits. A surcharge of 55.00 shall be added to the permit fee charged for each residential building permit that requires a State licensed residential contractor. **Actual costs include administrative and overhead costs. C. Plumbing Permit Fees. (Ref. 901) FEE Minimum Fee .......................S 20.00 Each Fixture ...................... S 7.00 Old Opening, New Fixture..........5 4.00 Beer Dispenser ....................5 5.00 Blow Off Basin ....................5 7.00 Catch Basin .......................5 7.00 Rain Water Leader .................5 7.00 Sump or Receiving Tank............5 7.00 Water Treating Appliance..........S 10.00 Water Heater-Electric ............. S 7.00 Water Heater-Gas. . . . . . . . .S 10.00 Backflow Preventer ................ S 15.00 OTHER .............................1-1/2% of value of fixture or appliance Other Inspections and Fees: Inspections outside of normal business hours....S47.00 per hour* (minimum charge - two hours) Reinspection fees assessed under provisions of Section 108.8 .......................................... $47.00 per hour* Inspections for which no fee is specifically indicated ......................................S47.00 per hour* (minimum charge - one-half hour) Additional plan review required by changes, additions or revisions to approved plans .................$47.00 per hour* (minimum charge - one-half hour) *Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved. 2.05 Page 5 - Ordinance No. For use of outside consultants for plan checking and inspections, or both ... ... . .Actual Costs * * **Actual costs include administrative and overhead costs. D. Mechanical Permit Fees. (Ref. 901) FEE (1) Residential Minimum Fee . .....................5 25.00 Furnace ........................... $ 30.00 Gas Range .........................5 10.00 Gas Dryer .........................5 10.00 Gas Piping ........................ S 10.00 Air Conditioning .................. S 25.00 OTHER .............................1 % of value of appliance (2) Commercial Minimum Fee .................... ..S 25.00 All Work .........................1.25% of value of appliance Other Inspections and Fees: Inspections outside of normal business hours....S47.00 per hour* (minimum charge - two hours) Reinspection fees assessed under provisions of Section 108.8 ......................................... S47.00 per hour* I n s p e c t i o n s f o r w h i c h n o f e e i s s p e c i f i c a I I y indicated .......................................547.00 per hour* (minimum charge - one-half hour) Additional plan review required by changes, additions or revisions to approved plans ..................S47.00 per hour* (minimum charge - one-half hour) *Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved. For use of outside consultants for plan checking and inspections, or both ...... . . .Actual Costs�� *�Actual costs include administrative and overhead costs. E. Electrical Permit Fees. (1) Payment of Fees All electrical inspection fees are due and payable to the City of Fridley at or before commencement of the installation and shall be forwarded with the request for inspection. 2.06 Page 6 - Ordinance No. (2) Fee Schedule Fees shall be paid according to the following schedule: (a) Minimum Fees. ((1))Residential. Minimum fee for each separate inspection of an installation, replacement, alteration or repair limited to one (1) inspection only ............. 520.00 . Minimum fee for instaltations requiring two inspections shall be ................ $40.00. (Ref. 901) (121) Nonresidential. Minimum fee for each separate inspection of an installation, replacement, alteration or repair limited to one (1) inspection only .............525.00. Minimum fee for installations requiring two inspections shall be .............. 550.00. (b) Services, changes of services, temporary services, additions, alterations or repairs on either primary or secondary services shall be computed separately. 0 to and including 200 ampere capacity ................................... S 30.00. For each additional 100 ampere capacity or fraction thereof ................... $ 8.00. (c) Circuits, installations, additions, alterations or repairs of each circuit or subfeeder shall be computed separately including circuits fed from subfeeders and including the equipment served, except as provided for in (a) through (i). 0 to and including 100 ampere capacity ..............................$ 6.00. For each additional 100 ampere capacity or fraction thereof ....................:. $ 4.00. ((1)) Maximum fee on a single family dwelling shall not exceed $85.00 if not over 200 ampere capacity. This includes service, feeders, circuits, fixtures and equipment. This maximum fee includes not more than four (4) inspections. (Ref. 901) ((2)) Maximum fee on an apartment building shall not exceed $35.00 per dwelling unit for the first 40 units and 530.00 per dwelling unit for the balance of units. The fee for the service and feeders in an apartment building shall be in accordance with 2b and 2c of the schedule, and shall be added to the fee for circuits in individual apartments. The maximum fee for an apartment applies only to the circuits in the apartment. A two-family unit (duplex) maximum fee per unit as per single family dwelling. (Ref. 901) ((3)) The maximum number of 0 to 100 ampere circuits to be paid on any one athletic field lighting standard is ten (10). (Ref. 901) 2.�7 Page 7 - Ordinance No. ((4)) The fee for mobile homes shall be in accordance with 2b and 2c of the fee schedule. (Ref. 901) ((5)) In addition to the above fees: ((a)) A charge of 52.00 will be made for each lighting standard. ((b)) A charge of 53.00 will be made for each traffic signal standard. Circuits originating within the standard will not be used when computing the fee. ((6)) In addition to the above fees, all transformers and generators for light, heat and power shall be computed separately at $5.00 per unit plus $3.00 per 10-Kilovolt amperes or fraction thereof. ((7)) In addition to the above fees, all transformers for signs and outline lighting shall be computed at $5.00 per unit .(Ref. 901) ((8)) In addition to the above fees (unless included in the maximum fee filed by the initial installer) remote control, signal circuits and circuits of less than 50 volts shall be computed at 56.00 per each ten (10) openings or devices of each system plus 5.50 for each opening. (d) For the review of plans and specifications of proposed installations, there shall be a minimum fee of 5100.00, up to and including $30,000 of electrical estimate, plus 1/10 of 1% of any amount in excess of 530,000 to be paid by persons or firms requesting the review. (e) When reinspection is necessary to determine whether unsafe conditions have been corrected and such conditions are not subject to an appeal pending before the Board or any court, a reinspection fee of 525.00 for residential and S30.00 for nonresidential, may be assessed in writing by the inspector. (Ref. 901) (f) For inspections not covered herein, or for requested special inspections or services, the fee shall be 532.00 per hour, including travel time, plus S.40 per mile traveled, plus the reasonable cost of equipment or material consumed. This Section is also applicable to inspection of empty conduits and such other jobs as determined by the City. (Ref. 901) (g) For inspection of transient projects including but not limited to carnivals and circuses, the inspection fees shall be computed as follows: (Ref. 901) ((1)) Power supply units, according to 2B of the schedule. A like fee will be required on power supply units at each engagement during the season, except that a fee of 532.00 per hour will be charged for additional time spent by the inspector, if the power supply is not ready for inspection at the time and date specified on the request for inspection as required by law. (Ref. 901) 2.0� Page 8 - Ordinance No. ((21) Rides, devices, or concessions, shali be inspected at their first appearance of the season and the inspection fee shall be $25.00 per unit. In addition to the fee for the power supply units, there shall be a general inspection for each engagement during the season at the hourly rate, with a two hour minimum. In addition to the above fees, inspections required on Saturdays, Sundays, holidays or after regular business hours will be at the hourly rate, including travel time. An owner of a migratory amusement enterprise shall notify the inspector and make application for inspection a minimum of 14 days before its engagement in Fridley. When the inspector is not notified at least 48 hours in advance, a charge of S 100.00 will be made in addition to all required fees. (h) For purposes of interpretation of the provisions of this Chapter, the most recently published edition of the National Electrical Code shall be prima facie evidence of the definitions, interpretations and scope of words and terms used in this Chapter. (i1 In addition to the above fees, the inspection fee for each separate inspection of a swimming pool shall be computed at 525.00. Reinforcing steel for swimming pools requires a rough-in inspection. (3) Minor Repair Work Defined. Minor repair work as used in Minnesota Statutes, Section 326.244 shall mean the adjustment or repair and replacement of worn or defective parts of electrical fixtures, switches, receptacles and other equipment provided that such minor repairs are made in compliance with accepted standards of construction for safety to life and property as defined in Minnesota Statutes, Section 326.243 and do not require replacement of the wiring to them. The City's inspectors or agents may inspect any such minor repairs at the request of the owner or person making such repairs. (41 Condemnation of Hazardous Installations. When an electrical inspector finds that a new installation or part of a new installation that is not energized is not in compliance with accepted standards of construction as required by Minnesota Statutes, Section 326.243 Safety Standards of the Minnesota Electrical Act, the inspector shall, if the installation or the noncomplyin9 part thereof is such as to seriously and proximately enda foval of the Building property if it was to be energized, order with the app art. Inspector, immediate condemnation of the installation or noncomplyin9 P When the person responsible for making the installation condemned hereunder is notified, they shall promptly proceed to make the corrections cited in the condemnation order. (Ref. 901) (5) Disconnection of Hazardous Installation: If while making an inspection, the electrical inspector finds that a new installation that is energized is not in compliance with accepted standards of construction as required by Minnesota Statutes, Section 326.243 Safety Standards of the Minnesa tathereof s'such the inspector shall, if the installation or the noncomplyin9 P as to seriously and proximately endanger human life and paoper�henr he immediate disconnection of the installation or noncomplying p person responsibte for making the installation ordered disconnected hereunder is notified, they shall promptly proceed to make the corrections cited in this disconnect order. (Ref. 9011 2.09 Page 9 - Ordinance No. (6) Corrections of Noncompiying Installations. When a noncomplying installation whether energized or not, is not proximately dangerous to human life and property, the inspector shall issue a correction order, ordering the owner or contractor to make the instailation comply with accepted standards of construction for safety to life and property, noting specifically what changes are required. The order of the inspector shall specify a date of not less than 10 nor more than 17 calendar days from the date of the order. F. Moving of Dwelling or Building Fee. The permit fee for the moving of a dwelling or building shall be in accordance with the following schedule: G. H. For Principle Building into City......... $ 300.00 For Accessory Building into City......... S 42.00 For Moving any building out of City...... S 20.00 For moving through or within the City.... $ 20.00 Wrecking Permit Fee. (1) For any permit for the wrecking of any building or portion thereof, the fee charged for each such building included in such permit shall be based on the cubical contents thereof and shall be at the rate of one dollar and twenty-five cents (51.25) for each one thousand (1000) cubic feet or fraction thereof. (2) For structures which would be impractical to cube, the wrecking permit fee shall be based on the total cost of wrecking such structure at the rate of six dollars (56.00) for each five hundred dollars (5500.00) or fraction thereof. (3) In no case shall the fee charged for any wrecking permit be less than twenty dollars (520.00). Water and Sewer Fees. (Ref. 901 � Hydrant Rental Agreement - Service Charge..S50.00 (for use of hydrant only - City does not supply hose or equipment) Water Usage ................................ S 1.00/1,000 gallons used- Minimum S 10.00, Water Taps .................................$400.00 plus cost er s area to be restored. P quare foot for the Street Patch - First 5 sq. yds ..............$300.00 Over 5 sq. yds ......................... S 30.00 per sq.yd. Temporary Street Patch (Nov. 1 thru May 1) First 5 sq. yds ......................... S400.00 Over 5 sq. yds ...................... $ 40.00 per sq. yd plus cost of restoration per square foot of area to be restored. Water Meter Repair-Weekend & Holidays....... S 125.00 Water Connections Permit .................... $ 25.00 Sewer Connections Permit ....................5 25.00 Sewer O-Dapter .............................. $ 5.00 Inspection Fee for Water/Sewer Line Repair................................. 540.00 I. Land Alterations, Excavating, or Grading Fees including Conservation Plan Implementation Fees. (Ref. 901, 1012) 2.10 Page 10 - Ordinance No. 50 cubic yards or Iess ......................5 40.00 51 to 100 cubic yards ......................5 47.50 101 to 1,000 cubic yards ....................S 47.50 for the first 100 cubic yards plus 510.50 for each additional 100 cubic yards or fraction thereof. 1,001 to 1 0,000 cubic yards ................. S 1 67.00 for the first 1,000 cubic yards plus 59.00 for each additional 1,000 cubic yards or fraction thereof. 10,001 to 100,000 cubic yards ...............S273.00 for the first 10,000 cubic yards plus 540.50 for each additional 10,000 cubic yards or fraction thereof. 100,001 cubic yards or more .................5662.50 for the first 100,000 cubic yards plus $22.50 for each additional 100,000 cubic yards or fraction thereof. Land Alteration Plan-Checking Fees: 50 cubic yards or Iess .......................No Fee 51 to 100 cubic yards ...................... 5 23.50 101 to 1,000 cubic yards ................... S 37.00 1,001 to 10,000 cubic yards ................ S 49.25 10,001 to 100,000 cubic yards .............. S 49.25 for the first 10,000 cubic yards plus 524.50 for each additional 10,000 cubic yards or fraction thereof. 100,001 to 200,000 cubic yards ............. 5269.75 for the first 100,000 cubic yards plus 513.25 for each additional 10,000 cubic yards or fraction thereof. 200,001 cubic yards or more ................ $402.25 for the first 200,000 cubic yards plus 57.25 for each additional 10,000 cubic yards or fraction thereof. J. Pollution Monitoring Registration Fee. (Ref. 929, 947) 1. Each pollution monitoring location shall require a site map, description and length of monitoring time requested. (For matter of definition pollution monitoring location shall mean each individual tax parcel.) There shall be an initial application and plan check fee of Twenty Five Dollars (S25). 2. The applicant for a Pollution Control Registration shall provide the City with a hold harmless statement for any damages or claims made to the City regarding location, construction, or contaminates. 3. An initial registration fee of Fifty Dollars (S50) is due and payable to the City of Fridley at or before commencement of the installation. 4. An annual renewal registration fee of Fifty Dollars (550) and annual monitoring activity reports for all individual locations must be made on or before September first of each year. If renewal is not filed on or before October first of each year the applicant must pay double the fee. 2.11 Page 11 - Ordinance No. 5. A final pollution monitoring activity report must be submitted to the City within (30) days of termination of monitoring activity. (Ref. 961) 206.04. INVESTIGATION FEES Should any person begin work of any kind such as hereinbefore set forth, or for which a permit from the Building Code Department is required by this Chapter without having secured the necessary permit therefore from the Building Code Department either previous to or during the day where such work is commenced, or on the next succeeding business day when work is commenced on a Saturday, Sunday or a holiday, they shall, when subsequently securing such permit, be required to pay an investigation fee equal to the permit fee and shall be subject to all the penal provisions of said Code. (Ref. 901) 206.05. REINSPECTION FEE 1. A reinspection fee of forty seven dollars ($47.00 ) per hour shall be assessed for each inspection or reinspection when such portion of work for which the inspection is called for is not complete or when corrections called for are not made. (Ref. 901) 2. This Section is not to be interpreted as requiring reinspection fees the first time a job is rejected for failure to comply with the requirements of this Code, but as controlling the practice of calling for inspections before the job is ready for such inspection or reinspection. 3. Reinspection fees may be assessed when the permit card is not properly posted on the work site, or the approved plans are not readily available for the inspection, or for failure to provide access on the dale and time for which inspection is requested, or for deviating from plans requiring the approval of the Building Official. 4. Where reinspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid. (Ref. 961) 206.06. CERTIFICATE OF OCCUPANCY 1. Except for single family residential structures, a Certificate of Occupancy stating that all provisions of this Chapter have been fully complied with, shall be obtained from the City: A. Before any structure for which a building permit is required is used or occupied. A temporary Certificate of Occupancy may be issued when the building is approved for occupancy but the outside development is partially uncompleted. (Ref. 901) B. Or before any nonconforming use is improved or enlarged. 2. Application for a Certificate of Occupancy shall be made to the City when the structure or use is ready for occupancy and within ten (10) days thereafter the City shall inspect such structure or use and if found to be in conformity with all provisions of this Chapter, shall sign and issue a Certificate of Occupancy. 3. A Certificate of Compliance sha�l be issued to all existing legal nonconforming and conforming uses which do not have a Certificate of Occupancy after all public health, safety, convenience and general welfare conditions of the City Code are in compliance. 4. No permit or license required by the City of Fridley or other governmental agency shall be issued by any department official or employee of the City of such governmental 2.12 Page 12 - Ordinance No. agency, unless the application for such permit or license is accompanied by proof of the issuance of a Certificate of Occupancy or Certificate of Compliance. 5. Change in Occupancy: A. The City will be notified of any change in ownership or occupancy at the time this change occurs for all industrial and commercial structures within the City. B. A new Certificate of Occupancy or Compliance will be issued after notification. A thirty-five dollar (S35.00) fee will be assessed for this certificate. 6. Existing Structure or Use: A. In the case of a structure or use established, altered, enlarged or moved, upon the issuance and receipt of a Speciaf Use Permit, a Certificate of Occupancy shall be issued only if all the conditions thereof shall have been satisfied. B. Whenever an inspection of an existing structure or use is required for issuance of a new Certificate of Occupancy, a thirty-five dollar ($35.00) fee will be charged. If it is found that such structure or use does not conform to the applicable requirements, the structure or use shall not be occupied until such time as the structure or use is again brought into compliance with such requirements. 206.07. CONTRACTOR'S LICENSES 1. It is deemed in the interest of the public and the residents of the City of Fridley that the work involved in building alteration and construction and the installation of various appliances and service facilities in and for said buildings be done only by individuals, firms and corporations that have demonstrated or submitted evidence of their competency to perform such work in accordance with the applicable codes of the City of Fridley. 2. The permits which the Building Inspector is authorized to issue under this Code shall be issued only to individuals, firms or corporations holding a license issued by the City for work to be performed under the permit, except as hereinafter noted. 3. Requirements. Application for license shall be made to the Building Code Department and such license shall be granted by a majority vote of the Council upon proof of the applicant's qualifications thereof, willingness to comply with the provisions of the City Code, filing of certificates evidencing the holding of public liability insurance in the limits of $50,000 per person, 5100,000 per accident for bodily injury, and 525,000 for property damages and certificates of Worker's Compensation insurance as required by State law and if applicable, list a Minnesota State Tax Identification number. IRef. 901) 4. Fee. The fee for each license required by the provision of this Section shall be thirty-five dollars (S35.001 per year. 5. Expiration. All licenses issued under the provisions of this Section shall expire on April 30th, following the date of issuance unless sooner revoked or forfeited. If a license granted hereunder is not renewed previous to its expiration then all rights granted by such license 2.13 Page 13 - Ordinance No. shall cease and any work performed after the expiration of the license shall be in violation of this Code. 6. RenewaL Persons renewing their license issued under this Section after the expiration date shall be charged the full annual license fee. No prorated license fee shall be allowed. 7. Specific Trades Licensed. Licenses shall be obtained by every person engaging in the following businesses or work in accordance with the applicable Chapters of the City of Fridley. A. General contractors in the business of nonresidential building construction and residential contractors with an exempt card from the State. B. Masonry and brick work. C. Roofing. D. Plastering, stucco work, sheetrock taping. E. Heating, ventilation and refrigeration. F. Gas piping, gas services, gas equipment installation. _ G. Oil heating and piping work. H. Excavations, including excavation for footings, basements, sewer and water line installations. I. Wrecking of buildings. J. Sign erection, construction and repair, including billboards and electrical signs. K. Blacktopping and asphalt work. L. Chimney sweeps. 8. Employees and Subcontractors. A license granted to a general contractor under this Section shall include the right to perform all of the work included in the general contract. Such license shall include any or all of the persons performing the work which is classified and listed in this Code providing that each person performing such work is in the regular employ and qualified under State law and the provisions of this Building Code to perform such work. In these cases, the general contractor shall be responsible for all of the work so performed. Subcontractors on any work shall be required to comply with the Sections of this Code pertaining to license, insurance, permit, etc., for their particular type of work. (Ref. 901) 9. Suspension and Revocation Generally. The City Council shall have the power to suspend or revoke the license of any person licensed under the regulations of this Section, whose work is found to be improper or 2.14 Page 14 - Ordinance No. defective or so unsafe as to jeopardize life or property providing the person holding such license is given twenty (20) days notice and granted the opportunity to be heard before such action is taken. If and when such notice is sent to the legal address of the licensee and they fail or refuse to appear at the said hearing, their license will be automatically suspended or revoked five (5) days after date of hearing. 10. Time of Suspension. When a license issued under this Section is suspended, the period of suspension shall be not less than thirty (30) days nor more than one (1) Year, such period being determined by the City Council. 11. Revocation, Reinstatement. When any person holding a license as provided herein has been convicted for the second time by a court of law for violation of any of the provisions of this Code, the City Council shall revoke the license of the person so convicted. Such person may not make application for a new license for a period of one (1) year. 12. Permit to Homeowner. The owner of any single family property may perform work on property which the owner occupies so long as the work when performed is in accordance with the Codes of the City and for such purpose a permit may be granted to such owner without a license obtained. All rental property permits shall be obtained by licensed contractors. 13. State Licensed Contractor's Excepted. Those persons who possess valid State licenses issued by the State of Minnesota shall not be required to obtain a license from the City; they shall, however be required to file proof of the existence of a valid State license together with proof of satisfactory Worker's Compensation and Public Liability insurance coverage. (Ref. 901) 14. Public Service Corporations Excepted. Public service corporations shall not be required to obtain licenses for work upon or in connection with their own property except as may be provided by other Chapters. 15. Manufacturers Excepted. Manufacturers shall not be required to obtain licenses for work incorporated within equipment as part of manufacturing except as may be provided by other Sections of this Code. 16. Assumption of Liability. This Section shall not be construed to affect the responsibility or liability of any party owning, operating, controlling or instalting the above described work for damages to persons or property caused by any defect therein; nor shalt the City of Fridley be hetd as assuming any such liability by reason of the licensing of persons, firms or corporations engaged in such work. 2.15 Page 15 - Ordinance No. 206.08. UTILITY EXCAVATIONS (SEWER & WATER) 1. Permit Required. Before any work is performed which includes cutting a curb or excavation on or under any street or curbing a permit shall be applied for from the City. The Public Works Department shall verify the location of the watermain and sanitary sewer connections before any excavation or grading shall be permitted on the premises. The permit shall specify the focation, width, length and depth of the necessary excavation. It shall further state the specifications and condition of public facility restoration. Such specifications shall require the public facilities to be restored to at least as good a condition as they were prior to commencement of work. Concrete curb and gutter or any street patching shall be constructed and inspected by the City, unfess specified otherwise. 2. Deposit - Required. A. Where plans and specifications indicate that proposed work includes connection to sanitary sewer, watermain, a curb cut or any other disruption that may cause damage to the facilities of the City, the application for permit shall be accompanied by a two hundred dollar (5200.00) cash deposit as a guarantee that all restoration work will be completed and City facilities left in an undamaged condition. B. The requirement of a cash deposit shall not apply to any public utility corporation franchised to do business within the City. 3. Maximum Deposit. No person shall be required to have more than four hundred dollars (5400.00) on deposit with the City at any one time by reason of this Section; provided that such deposit shall be subjected to compliance with all the requirements of this Section as to all building permits issued to such person prior to the deposit being refunded. 4. Inspections. A• Before any backfilling is done in an excavation approved under this division the City shall be notified for a review of the conditions of construction. B. During and after restoration the City Engineer or a designated agent shall inspect the work to assure compliance. (Ref. 901) 5. Return of Deposit. The Public Works Director shall authorize refundment of the deposit when restoration has been completed to satisfactory compliance with this Section. 6. Forfeiture of Deposit. Any person who fails to complete any of the requirements shall forfeit to the City such portion of the deposit as is necessary to pay for having such work done. 206.09. BUILDING SITE REO.UIREMENTS 1. General. 2.16 Page 16 - Ordinance No. In addition to the provisions of this Section, all building site requirements of the City's Zoning Code Chapter 205 and additions shall be followed before a building permit may be issued. 2. Utilities and Street Required. No building permit shall be issued for any new construction unless and until all utilities are installed in the pubacentr street1 has been completedito t e�extentt hat adequate t eet grading of the ad� access to the parcel is available. 3. Trailer Prohibitions. Except in a trailer or mobile home park, the removal of wheels from any trailer or the remodeling of a trailer through the construction of a foundation or the enclosure of the space between the base of the trailer and the ground, or through the construction of additions to provide extra floor space will not be considered as conforming with the City's Building Code in any respect and will therefore be prohibited. 4. Equipment and Material Storage. No construction equipment and/or material pertaining to construction shall be stored on any property within the City without a valid building permit. When construction is completed and a Certificate of Occupancy has been issued, any construction equipment or materials must be removed within thirty (30) days from the issuance date on the Certificate of Occupancy. 5. � Construction Work Hours. It shall be unlawful for any person or company acting as a contractor for payment, to engage in the construction of any building, structure or utility including but not limited to the making of any excavation, clearing of surface land and loading or unloading materials, equipment or supplies, anywhere in the City except between the hours of 7:00 a.m. and 9:00 p.m., Monday through Friday and between the hours of 9:00 a.m. and 9:00 p.m. on Saturdays and legal holidays. However, such activity shall beI'cation in accordance hours work permit therefore has been issued by the City upon app with requirements of the paragraph below. It shall be unlawful to engage in such work or activity on Sunday or any legal holiday unless an alternate hours work permit for such work has first been issued. Nothing in this Chapter shall be construed to prevent any work necessary to prevent injury to persons or property at any time. 6. Alternate Hours Work Permit. Applications for an alternate hours work permit shall be made in writing to the Public Works Director and shall state the name of the applicant and the business address, the location of the proposed work and the reason for seeking a permit to do such work, as well as the estimated tim c°�elfarerwPl be hapmed'by fai u e to perfo m'tthealwork'at the excepting where the publ times indicated. 7. Safeguards. Warning barricades and lights shall be maintained whenever necessary for the protection of pedestrians and traffic; and temporary roofs over sidewalks shall be constructed whenever there is danger from falling articles or materials to pedestrians. 2.17 Page 17 - Ordinance No. 206.10. DRAINAGE AND GRADING Investigation. After a building permit has been applied for and prior to the issuance of said permit, the City shall thoroughly investigate the existing drainage features of the property to be used. 2. Obstruction of Natural Drainage Prohibited. No building permit shall be issued for the construction of any building on which construction or necessary grading thereto shall obstruct any natural drainage waterway. 3. Undrainable Lands. No building permit shall be issued for the construction of any building upon ground which cannot be properly drained. 4• Protection of Existing Drainage Installations. A• Where application is made for a building permit and subsequent investigation shows that the property to be occupied by said building is adjacent to a portion of a public road or street containing a drainage culvert, catch basin, sewer, special ditch or any other artificial drainage structures used for the purpose of draining said property and/or neighboring property, the applicant shall specifically agree in writing to protect these waterways in such a way that they shall not be affected by the proposed building construction or grading work incidental thereto. B. No land shall be altered and no use shall be permitted that results in water run-off causing flooding, erosion or deposits of minerals on adjacent properties. Stormwater run-off from a developed site will leave at no greater rate or lesser quality than the stormwater run-off from the site in an undeveloped condition. Stormwater run-off shall not exceed the rate ot run-off of the undeveloped land for a 24 hour storm with a 1 year return frequency. Detention facilities shalf be designed for a 24 hour storm with a 100 year return frequency. All run-off shall be properly channeled into a storm drain water course, ponding area or other public facility designed for that purpose. A land alteration permit shall be obtained prior to any changes in grade affecting water run-off onto an adjacent property. 5. Order to Regrade. The City may order the applicant to regrade property if existing grade does not conform to any provision of this Section, if the grade indicated in the preliminary plan has not been followed, or if the grade poses a drainage problem to neighboring properties. 206.11. WATERS, WATERWAYS 1. Definition. As used in this Section, the term waters and/or waterways shall incfude all public waterways as defined by Minnesota Statutes, Section 105.38 and shall also include all bodies of water, natural or artifici�l, including ponds, streams, lakes, swamps and ditches which are a part of or contribute to the collection, runoff or storage waters within the City or directly or indirectly affect the collection, transportation, storage or disposal of ihe storm and surface waters system in the City. 2.18 Page 18 - Ordinance No. 2. Permit Required. No person shali cause or permit any waters or waterways to be created, dammed, altered, filled, dredged or eliminated, or cause the water level elevation thereof to be artificially altered without first securing a permit from the City, State or watershed management organization as appropriate. 3. Application for Permit. Applications for permits required by the provisions of this Section shall be made in writing upon printed forms furnished by the City Clerk. 4. Scope of Proposed Work. Applications for permits required by this Section shall be accompanied with a complete and detailed description of the proposed work together with complete plans and topographical survey map clearly illustrating the proposed work and its effect upon existing waters and water handling facilities. 5. Fees. A fee of twenty-five dollars (525.00) shall be paid to the City and upon the filing of an application for a permit required by the provisions of this Section to defray the costs of investigating and considering such application. 206.12. PENALTIES Any violation of this Chapter is a misdemeanor and is subject to all penalties provided for such violations under the provisions of Chapter 901 of this Code. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1999. ATTEST: DEBRA A. SKOGEN - CITY CLERK First Reading: March 22, 1999 Second Reading: April 12, 1999 Publication: NANCY J. JORGENSON - MAYOR 2.19 MEMUR.ANDUM DEVELUPMENT DIRECTOR DATE: April 6, 1999 „ / �a- TO: William W. Burns, City Manager �`� FROM: Barbara Dacy, Community Development Director and Ron Julkowski, Chief Building Official SUBJECT: Summary Ordinance Amending Chapter 206 Entitled Building Code The summary ordinance of the amendment to Chapter 206 is attached. Staff recommends that the City Council approve the summary ordinance and order its publication. BD\jt M-99-88 3.01 ORDINANCE NO. OFFICIAL TITLE AND SUMMARY I. Title AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 206, ENTITLED "BUILDING CODE", BY AMENDING SECTIONS 206.01.02, 206.01.03, 206.03.01, 206.03.03, 206.04, 206.05.01, AND 206.07.12 II. Summary The City Council of the City of Fridley does hereby ordain as follows: That Chapter 206 of the code of ordinances of the City of Fridley, Minnesota, Entitled "Building Code" is hereby amended to adopt by reference the 1997 Minnesota State Building Code, the 1997 Uniform Building Code, and certain State amended rules and appendices. The ordinance also adopts the State recommended schedule of fees for building permits, electrical permits, moving permits, wrecking permits, investigation and inspection fees. Water and sewer fees and land alteration permit plan check fees are also increased. III. Notice This Title and Summary have been published to clearly inform the public of the intent and effect of the City of Fridley's Building Code. A copy of the ordinance, in its entirety, is available for inspection by any person during regular business hours at the offices of the City Clerk of the City of Fridley, 6431 University Avenue N.E. Fridley, MN 55432. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THE 12th DAY OF APRIL, 1999. ATTEST: DEBRA A. SKOGEN - CITY CLERK First Reading: March 22, 1999 Second Reading: April 12, 1999 Publicatio�: 3.02 NANCY J. JORGENSON - MAYOR CITY OF FRIDLEY PLANNING COMMISSION MEETING, MARCH 17, 1999 CALL TO ORDER: Chairperson Savage called the March 17, order at 7:32 p.m. ROLL CALL: 1999, Planning Commission meeting to Members Present: Diane Savage, Dave Kondrick, LeRoy Oquist, Dean Saba, Connie Modig, Larry Kuechle Members Absent: Brad Sielaff Others Present: Scott Hickok, Planning Coordinator Missy Daniels, Planning Assistant Roy A. Anderson, 7575 Golden Valley Road Brother Milton Barker, 1350 Gardena Avenue N.E. Peter Sargent, 2200 Old Highway #8 APPROVAL OF MARCH 3 1999 PLANNING COMMISSION MINUTES: MOTION by Mr. Kuechle, seconded by Mr. Saba, to approve the March 3, 1999, Planning Commission minutes as written. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING: SPECIAL USE PERMIT SP #99-03 BY TOTINO- GRACE HIGH SCHOOL: Per Section 207.07.01.C.(3) of the Fridley Zoning Code, to allow a running track and associated amenities to be re-constructed in an R-1 district on Lot 10, Block 1, Totino-Grace Addition, generally located at 1350 Gardena Avenue N.E. MOTION by Mr. Kondrick, seconded by Ms. Modig, to waive the reading of the public hearing notice and to open the public hearing. UPON A VOICE VOTEiON CARR ED AND THE IPUB LC HEAR NG OPEN AT DECLARED THE MOT 7:34 P.M. Ms. Daniels stated Brother Milton Barker, President of Totino-Grace, is requesting the special use permit for Totino-Grace High School. The request would allow an 4.01 PLANNING COMMISSION MEETING, MARCH 17, 1999 PAGE 2 upgrade of the existing track and field facility of a private school located in an R-1 district. The property is located at 1350 Gardena Avenue. The present track and field facility will be reconstructed to meet current design standards. Ms. Daniels showed an aeriaf photo of the site. She stated the site has been occupied by Totino-Grace since 1965. The property is zoned R-1, Single Family, as are the surrounding properties. There is one area zoned P, Public Facility, which is a park. Ms. Daniels showed photos of the site and reviewed the site plans and elevations. She stated the concession building will be facing the field. A�storage area will be available under the bleachers. The press box has been redesigned. The proposed reconstruction meets the building code requirements for accessibility. All elements will be handicap accessible in accordance with the 1994 and 1997 Uniform Building Code. The drainage and storm water management plans meet the City code and are an improvement over the current situation. Ms. Daniels stated a neighborhood meeting was held to inform the neighbors and answer any questions. Three residents attended the meeting. The plans and elevations were reviewed. The only questions from the audience were if Totino- Grace needed any support for what they were doing. Staff received finro phone calls asking what was being proposed, but the callers had neither positive nor negative responses. Ms. Daniels stated private schools are a permitted special use in the R-1 district and the proposed upgrade of the track and field facility complies with the requirements for a special use permit: Therefore, staff recommends approval of the special use permit with the following stipulations: 1. The petitioner shall control dust during excavation by watering the disturbed soil areas as deemed necessary by the City. 2. All elements of this project shall be handicap accessible in accordance with Chapter 11 of the 1994 and 1997 Uniform Building Code. 3. Silt fence must be prope�ly placed and maintained during construction to protect against run-off. Mr. Oquist asked if another stipulation should be included that the bleachers be enclosed due to the issues going on today. Ms. Daniels stated that though this requirement is not a part of the ordinance, the petitioner has addressed this issue. Mr. Oquist stated he wanted to be sure that this is addressed so there is not a problem in the future. Will the press box be on the same side of the field? 4.02 PLANNING COMMISSION MEETING, MARCH 17, 1999 PAGE 3 Ms. Daniels stated the press box will be in the same location. Mr. Kuechle stated one of the statements is that the drainage plan for the new site is better than the old one. Are there problems with drainage on the current site? Ms. Daniels stated, yes. There are problems with water standing on the field. Most of the problems have been for Totino-Grace, not due to run-off affecting anything else. Their excavations will improve that. Br. Barker commended staff for their fine work and cooperation through the planning process, He assured the City that the stipulations made by staff will be adhered to by Totino-Grace as they begin this project. All of their designs have included the elements of the 1994 and 1997 Uniform Building Code regarding handicap accessibility. The other two requirements are within their plans at this time. Ms. Savage asked Br. Milton to respond to the question regarding the bleachers. Br. Barker stated their plans from the beginning have been to address that issue. All the bleachers that they will be using will have risers with enclosed backs. Mr. Oquist stated this is to improve the field. Will this improvement have better lighting so there is less impact for the neighbors? , Br. Barker stated, yes. Part of the neighborhood meeting was to actually show the candlelight spill onto Gardena and Matterhorn that is much improved because technology has improved significantly since the current lights were installed. Mr. Oquist asked if this plan is only for the track and field. Br. Barker stated, yes. MOTION by Mr. Saba, seconded by Mr. Oquist, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:44 P.M. Mr. Saba stated the request for improvements seemed to be a good plan and very straightforward. MOTION by Mr. Saba, seconded by Mr. Kondrick, to recommend to the City Council approval of Special Use Permit request, SP #99-03, to allow a running track and associated amenities to be reconstructed in an R-1 District on Lot 10, 4.03 PLANNING COMMISSION MEETING, MARCH 17, 1999 PAGE 4 Block 1, Totino-Grace Addition, generally located at 1350 Gardena Avenue N.E., with the following stipulations: The petitioner shall control dust during excavation by watering the disturbed soil areas as deemed necessary by the City. 2. All elements of this project shall be handicap accessible in accordance wifih Chapter 11 of the 1994 and 1997 Uniform Building Code. 3. Silt fence must be properly placed and maintained during construction to protect against run-off. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Hickok stated the City Council would consider this request on April 12. 2. RECEIVE THE MINUTES OF THE FEBRUARY 4. 1999. HOUSING AND REDEVELOPMENT AUTHORITY MEETING: MOTION by Mr. Kuechle, seconded by Ms. Modig, to approve the minutes of the February 4, 1999, Housing and Redeveloprnent Authority meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. RECEIVE THE MINUTES OF THE FEBRUARY 1. 1999 PARKS AND RECREATION COMMISSION MEETING: MOTION by Mr. Kondrick, seconded by Mr. Saba, to receive the minutes of the February 1, 1999, Parks and Recreation Commission meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. RECEIVE THE MINUTES OF THE FEBRUARY 16. 1999 ENVIRONMENTAL QUALITY & ENERGY COMMISSION MEETING: MOTION by Mr. Saba, seconded by Mr. Oquist, to receive the minutes of the February 16, 1999, Environmental Quality & Energy Commission meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 4.04 PLANNING COMMISSION MEETING, MARCH 17, 1999 PAGE 5 OTHER BUSINESS: Mr. Oquist asked if the City is addressing the bleacher issue in the ordinance. Mr. Hickok stated staff did not feel it necessary to include such a stipulation because the industry is addressing that problem. He did not think the older open- style bleacher is available. He believed the building codes will require that. Staff will leave that issue to the building code requirements. Mr. Oquist stated he is expressing the concern because it can take time for the standard to get into the codes and for the State and City to act. Staff may want to include a stipulation regarding the bleachers just to make sure that happens. Mr. Hickok stated staff will support the Uniform Building Code advances that come up. It is the intent of Totino-Grace to go with the top-of-the-line structural elements. It is important for them to have safety and access built into the bleachers, and also they recognize the advantage of having the storage below. Mr. Oquist asked if the City is doing anything to address the bleachers that are now in the parks. Mr. Kondrick stated they are looking at this issue and working on it. Mr. Hickok provided an update on recent City Council actions. Mr. Hickok provided an update on the Y2K issue. The City has an internal committee looking at both software and hardware. As the City moves toward the new year, staff wants to know the spectrum of possibilities for software and/or hardware failure and to also know what the contingency plans are for each piece of hardware and/or software that might fail. The committee is working with staff to come up with a contingency plan and with the IS staff on what they need to do. Mr. Saba stated one of his concerns is in the area of public safety. The City has a number of chemical processing facilities. If something happened at one of those facilities, how would the public safety people respond or would they be prepared to respond? Are they working with those facilities to find out their Y2K readiness? Mr. Hickok stated each of the depa�tments has its own program that it is working and it all comes back together through this team nefinrork that is set up to analyze the problems. Ms. Griep, Crime Prevention Specialist, is an expert at heading off a catastrophe before it happens. She and the team are working on that. Ms. Savage asked staff to have someone come to a meeting to answer questions. Mr. Saba stated he thought the citizens of the City would like to have an assessment of where the City is at and its readiness. 4.05 PLANNING COMMISSION MEETING, MARCH 17, 1999 PAGE 6 Ms. Savage also suggested an article be placed in the Focus. Mr. Saba stated, at his place of empioyment, they get from their suppliers a legal format of a response of a Y2K readiness from industry and other suppliers on down the line. The City cannot accept that type of response from a manufacturer or any kind of company that would be involved with chemical spills or something happening during a process of chemical mixing, etc. They need facts. He would feel more confident if he knew the public safety officials were getting those facts. Thus far, he is impressed with the program. ADJOURNMENT: MOTION by Mr. Kondrick, seconded by Mr. Kuechle, to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE MARCH 17, 1999, PLANNING COMMISSION MEETING ADJOURNED AT 8:05 P.M. Respectfully submitted, , Cti�� Lavonn Cooper � Recording Secretary 4.06 MEMOR.ANDUM pLAS�TNING DIVISION DATE: March 24, 1999 � TO: William Burns, City Manager �� FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Missy Daniels, Planning Assistant g�; Planning Commission Action on Special Use Permit # 99-03 Introduction The City of Fridley has been asked for a special use permit by Totino-Grace High School to allow a running track and associated amenities to be re-constructed in an R-1 district in accordance with section 205.07.O1.C(3) of the zoning code on Lot 10, Block 1, Totino-Grace Addition, generally located at 1350 Gardena Avenue NE. Staffrecommended approval with three stipulations. Plannin� Commission Action At the March 17, 1999 Planning Commission meeting, a public hearing was held for SP #99-03. A motion was made to approve the requested special use permit and the Planning Commission approved the request with the three stipulations on a 6-0 vote. LeRoy Oquist expressed concern that we may need a stipulation requiring them to have fully enclosed bleachers. The petitioner assured the Commission that the bleachers will be enclosed. The petitioner advised the staff that the industry standard had changed to enclose bleachers in light of all the safety concerns. As a result, the Commission did not add the stipulation. 5.01 Memo Mazch 24, 1999 Page 2 PIaI1111IIg �t�ff RPrnmmonri�t�n.. r lV Staff recommends approval of this special use permit with the following stipulations: 1. The petitioner shall control dust during excavation by watering the disturbed soil areas as deemed necessary by the City. 2. All elements of this project shall be handicap accessible in accordance with Chapter 11 of the 1994 and 1997 Uniform Building Code. 3. Silt fence must be properly placed and maintained during construction to protect against run-off. M-99-74 5.02 City of Fridley Land Use Application SP-99-03 March 17, 1999 GENERAI. INFORMATION SPECIAL INFORMATION Applicant: Totino-Grace High School 1350 Gardena Avenue Fridley, MN 55432 Requested Action: Special Use Permit Purpose: To modernize and upgrade the existing track and field facility Existing Zoning: R-1 (Single Family) Location: 1350 Gardena Ave. Size: 215,622 square feet 4.95 acres Existing Land Use: Private School - track and field facility Surrounding Land Use & Zoning: N: Private School & R-1 E: Nature Center and Single Family P & R-1 S: Single Family & R-1 W: Single Family & R-1 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Sections 205.07.O1.C.(3) requires a special use permit for private schools in the R-1 zoning district. Zoning History: Land has been used as a private school since 1965 and has been zoned R-1. Legal Description of Property: Lot Ten, Block One Totino-Grace Addition Public Utilities: Water and sewer are available to the site. Transportation: Gazdena Avenue and Matterhorn Drive provide vehicle access to the site. Physical Chazacteristics: The affected area of the property is already a track and field facility. To the east are the tennis courts, parking lot and school buildings. To the south is the baseball field. SUMMARY OF PROJECT Totino-Grace High School is requesting a special use permit required by private schools in the R-1 zone. They are intending to modernize and upgrade the existing track and field facility. SUMMARY OF ANALYSIS City Staff recommends approval of this special use permit. Private schools are a permitted special use in the R-1 district. The modernization and upgrading of the track and field facility will create no additional impacts on the surrounding neighborhood and will even decrease the impact of the field lighting on neighboring properties. PLANNING COMMISSION RECOMMENDATION The Planning Commission unanimously approved the request. CITY COUNCIL ACTION April 12, 1999 60 DAY DEADLINE DATE April 12, 1999 Staff Report Prepared by: Missy Daniels !`�' 5.03 . � �, � � , 1 1 ( �_ �- - • � � . Totino-Grace High School is requesting a special use permit to allow for upgrading of the existing track and field facility. The property, located at 1350 Gardena Avenue, is currently used as a private school. The present track and field area, Jim Totino Field, will be completely reconstructed to bring the area up to current design standards such as handicap accessibility, better lighting, people control, and to address safety issues. The use of this portion of the property is not going to be intensified or necessarily expanded, however, the amount of heavy earthwork that will be involved may appeaz as if the project is going to be much bigger or different than what exists already. For that reason, it was important to bring this project through the special use permit process in order to keep the neighbors informed and to allow the necessary City review. To the end of informing the public, Totino-Grace held a neighborhood meeting on- site. City staff attended as well as three residents living near the school. The project was explained in detail to these residents and other than general questions, the only comments were offering support to the school. The proposed improvements for Jim Totino Field will not alter or intensify the present use of the site. The improvements are an upgrade of facilities with careful attention to the impact on adjacent properties. The purpose of the extensive sub-surface excavation is not only to improve drainage and reduce water standing on the field, but also to create a more "player-friendly" subsurface, thereby reducing the risk of injury. The field lighting will be replaced by a total light control system, which will have much less spillover than the current system. A stormwater management design that allows no "net increase" in stormwater runoff will be constructed allowing for better use of the field. An interior fencing system will control the movement of participants and spectators and gating will be constructed that only allows access from the easterly school grounds. The existing landscaping will remain and eight additional trees will be planted at the entrance to the athletic field complex and the concession building site. Location of Property (SE corner of Gardena and Matterhorn) 5.04 There are three proposed new buildings and one current building that will be removed. The ticket building will be located on the southeast corner and will provide a visible focus for entry to the facility. Four ticket windows and access gates will be included totaling approximately 228 square feet. The Concession/toilet building will be located at the southwest corner and will be covered with a large roof overhang. This building will also include storage space for the irrigation system equipment and lighting controls and will cover approximately 2,500 square feet. Another 1,730 square foot storage building will be placed below the home bleachers on the west side. This space will allow for storage of track and field, football, soccer, and physical education equipment. Both sets of bleachers will be completely reconstructed to address cunent safety issues and to make them handicap accessible. The buildings will be constructed from load- bearing decorative concrete block, with colored banding to provide a consistent look. The press box will be reconstructed with southern yellow pine framing. The exterior siding will be aluminum overlaid plywood colored to compliment the architectural theme of the other buildings. The fascia will be aluminum colored to match the bleacher risers. The roofing and trim will be of prefinished sheet metal standing seam with color also. i r This property has been occupied by Totino-Grace High School since 1965. The zoning is R-1 Single Family Residential. The cunent use of the area proposed for reconstruction is a track and field facility. Vl@W Ot CUrierit T1e1Q 8riQ 110TT1e D1eSGnCi� u�tii �iic ca�� An� The proposed reconstruction of the track and field area is consistent with City requirements. All elements of this project will be handicap accessible in accordance with Chapter 11 of the 1994 and 1997 Uniform Building Code. Jon Haukaas, Assistant Public Works director, has reviewed 5.05 the drainage and stormwater management plans and states that they fulfill the City's requirement and ar� an improvement over the current situation. The changes proposed for this property will improve the look of the track and field area and will decrease the impact of stadium lights on surrounding properties. The current landscaping will remain with the addition of several trees at the entrance to the facility. The changes also indicate an awazeness of and commitment to increased safety features such as enclosed bleachers. �esident oncernc[�»PCtinne City staff has received two phone calls concerrung this proj ect. Both were questions of what was proposed without being positive or negative in tone. '. ii i_� i�t�� i _�• � �11�'��, ii The Planning Commission unanimously approved the requested specia.l use permit with the three stipulations listed below. Staff Rec mmenda inn Private schools are a permitted special use in a residential district and the reconstruction proposed will not create detrimental impacts to the surrounding area. City staff recommends - approval of this special use permit with three stipulations. These are: 1. The petitioner shall control dust during excavation by wateri.ng the disturbed soil areas as deemed necessary by the City. 2. All elements of this project shall be handicap accessible in accordance with Chapter 11 of the 1994 and 1997 Uniform Building Code. 3. Silt fence must be properly placed and maintained during construction to protect against run-off. 5.06 I � � �-----,. i ,� t � �t p r � ► �� a � ^ a o �m : n�'O i � i I �o �o y�' : t � � � 3g � 3=: � �l�Lf � _ � �� — .� � �,��, i� _ - - �� t . i� .a • �- A' ��' • � �+ � ■ � � • � !�� / � � � � /i� POLE VAULT i I m� l T � � / � � �� , ` � � 1 - � . � � i r�� -� T i i I �I• �I • r � t ; • wo. ar . � �Ir � ; aroiwv� i ` !.� 1. ! =Av �1 ! 'm ° , a �', �p� i':� i z x o iS '� _ ` ' � s'� #-�-.r--- nttBw'.-„_ � '�z f= � �I 1 p � i � � Ii `,A 1"G O . �'��! 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' ��, � a E JII✓� �TNO PfEI.J A�RO\'EME�'73 ms �TSys wii0:'L.TtO� m� : 3 � TOTII�O-GRAC H7GH SCFIOOL �„^ �`"' T F�_ D ':'�:;":� ` •' � .JSOGARDF.�hAI�FJ��UE\i iRL7..E:".MK:.�IL ��.�� s�� , � MEMORANDUM PLANNING DIVISION e. � To: William Bums, City Manager ,� `� From:Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Paul Bolin, Planning Assistant RE: Cooperative Agreement Between Upper Mississippi River American River Heritage Communities (M99-$$) INTRODUCTION The City of Fridley has been asked to participate in the Upper Mississippi River American River Heritage Communities Designation. The "American Heritage River" initiative is a federal program developed to recognize and reward local efforts to restore and protect America's rivers and riverfronts. Participating communities are able to access federal programs and resources for restoring and protecting the environmental, economic, and cultural values of the rivers and riverfronts. In essence, by signing the attached cooperative agreement, the city agrees to "work cooperatively with local, state, and federal partners to implement projects, including effo�ts to redevelop our riverfronts to meet our social, economic, and environmental needs". The agreement also states that the City will "woric collaboratively to promote economic development and riverfront revitalization, construct trails and greenways, link heritage interpretive centers, and protect our natural resources". The Upper Mississippi American Heritage River has been assigned a"River Navigato�', a federal employee who is to help communities identify federal programs and resources to carry out plans. The agreement does not prevent the City from participating in similar activities with other agencies or organizations and allows the City to teRninate its involvement in this agreement by providing a 60 days written notice. ��fAFF RECOMMENDATION Staff recommends thaf the City Council sign the Cooperative Agreement Between Upper Mississippi River American River Heritage Communities. • This appears to be an excellent opportunity to gain additional resources to enhance and implement portions of the City's Comprehensive Plan. • Participation requires no expenditures for the City. • The City may terminate the agreement at any time with a 60 day notice. 6.01 Cooperative Agreement Between Upper Mississippi River American River Heritage Communities Cooperative Agreement between the communities and organizations participating in the Upper Mississippi River American Heritage Designation This cooperative agreement is entered into this day of betweer. the communities and other organizations participating in the Upper � Mississippi River American Heritage River Initiative to implement local and regional riverfront revitalization projects. Each party to this agreement agrees to work cooperatively with our local, state and federal partners to implement projects, including efforts to redevelop our riverfronts to meet our social, economic and environmental needs. In addition to collaboratively seekin� resources fcr local initiat:ves, w� agree to work collaboratively to develop a regional marketing strategy, promote economic development and riverfront revitalization, construct trails and greenways, link heritage interpretive centers, and protect our natural resources. We also agree to work with American R.ivers, Unive�sity of Minnes�ta, Augustana College and Washington University in St. Louis to share successful proiects and expertise. In order to facilitate t:ie implementation of our local and regional objectives, we have created an interim executive committee of 12 people (including six mayors and sic people representing other parties that endorsed the upper Mississippi River AHRI nomination) who will oversee our initi�tive and will serve terms lasting one year. This executive committee will be chazged with proposing for consideration by the parties before the end of the first year an organizational structure for continued implementation of our initiative. The goals of our in;:iative aze summarized in our nomination and position document. This instrument is neither a fiscal nor a funds obligation document. Any endeavor involving reimbursement or contribution of funds between parties to this document will be handled in accordance with applicable laws, 'regulations and procedures including those for government procurement and printing. Such endeavors will be outlined in �epa.rate agrePments that shaIl be made in writing by representatives of the parties and shall be independently authorized by appropriate statutory authority. This instrument does not provide such authority. Specifically, this instrument does not establish a noncompetitive award of any contract or other agreement to any party or cooperator. This instrument in no way restricts any Upper Mississippi River community or' ` organization which is party to this agreement or their cooperators from participating in similaz activities with other private or public agencies, organizations or individuals or from independently pursuing riverfront activities and funding. 6.02 This agreement shall be effective for five yeazs from the date above. Any party may terminate its involvement in this agreement by providing 60 days written notice to the Executive Committee. This agreement may be revised by mutual consent of all parties. Signature Name and Title !�T2.*::� Of �,'�:T'uZ1U,'llt'� ailu $iaiz 6.03 '• i. MEMORANDUM DEVELOPMENT DIRECTOR DATE: April 6, 1999 � TO: William W. Burns, City Manager �y� FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator SUBJECT: Resolution Authorizing Application to the Department of Trade and Economic Development for Contamination Clean-up Funds Murphy Warehouse is proposing to construct a 406,164 square foot warehouse on the Onan campus on Central Avenue and 73`� Avenue. The proposed building will be located in the south central portion of the site where soil contamination has been determined to exist. Real Estate Recycling Inc., on behalf of Onan and Murphy Warehouse, is seeking State funding for the pollution clean-up costs from the Department of Trade and Economic Development and the Metropolitan Council. The application deadline is May 3, 1999, for the Met Council program. It is suggested that the City Council act as the project sponsor since the HRA is providing TIF assistance. The attached resolution authorizes the City to act as the legal sponsor for the Met Council application. The preliminary estimate for the clean-up budget is approximately $956,140. The total project cost including the clean-up cost is $13,586,015. The proposed application to DTED would request $717,105 and $154,658 would be requested from the Met Council. A local match is required of $84,377. As was done in the Dealers Manufacturing case, Onan and Murphy Warehouse would provide the local share. Recommendation Staff recommends that the City Council approve the attached resolution authorizing an application to the Metropolitan Council for the Tax Base Revitalization Account. BD\jt Enclosure M-99-87 7.01 RESOLUTION NO. 1999 RESOLUTION AUTHORIZING APPLICATION TO THE DEPARTMENT OF TRADE AND ECONOMIC DEVELOPMENT FOR CONTAMINATION CLEANUP FUNDS WHEREAS, the City of Fridley shall act as the legal sponsor for project(s) contained in the Contamination Cleanup Grant Program to be submitted on May 5, 1999, and that William W. Burns, City Manager, is hereby authorized to apply to the Department of Trade and Economic Development for funding of this project on behalf of the City; and WHEREAS, the City has the legal authority to apply for financial assistance, and the institutional, managerial, and financial capacity to ensure adequate project administration; and WHEREAS, that the sources and amounts of the local match identified in the application are committed to the project identified; and WHEREAS, that the City.has not violated any Federal, State, or local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest, or other unlawful or corrupt practice; and WHEREAS, that upon approval of its application by the state, the City of Fridley may enter into an agreement with the State of Minnesota for the above referenced project(s), and that the Authority certifies that it will comply with all applicable laws and relations as stated in all contract agreements. NOW, THEREFORE, BE IT RESOLVED, that William W. Burns, City Manager, is hereby authorized to execute such agreements as are necessary to implement the project(s) on behalf of the applicant. PASSED AND ADppTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 12T8 DAY OF APRIL, 1999. NANCY J. JORGENSON - MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK 7.02 MEMORANDUM DEVELOPMENT DIRECTOR DATE: April 6, 1999 � TO: William W. Burns, City Manager�� FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator SUBJECT: Resolution Authorizing Application for the Tax Base Revitalization Account from the Metropolitan Council Murphy Warehouse is proposing to construct a 406,164 square foot warehouse on the Onan campus on Central Avenue and 73`� Avenue. The proposed building will be located in the south central portion of the site where soil contamination has been determined to exist. Real Estate Recycling Inc., on behalf of Onan and Murphy Warehouse, is seeking State funding for the pollution clean-up costs from the Department of Trade and Economic Development and the Metropolitan Council. The application deadline is May 3, 1999, for the Met Council program. It is suggested that the City Council act as the project sponsor since the HRA is providing TIF assistance. The attached resolution authorizes the City to act as the legal sponsor for the Met Council application. The preliminary estimate for the clean-up budget is approximately $956,140. The total project cost including the clean-up cost is $13,586,015. The proposed application to DTED would request $717,105 and $154,658 would be requested from the Met Council. A local match is required of $84,377. As was done in the Dealers Manufacturing case, Onan and Murphy Warehouse would provide the local share. Recommendation Staff recommends that the City Council approve the attached resolution authorizing an application to the Metropolitan Council for the Tax Base Revitalization Account. BD\jt Enclosure .. :. : 1� RESOLUTION NO. - 1999 RESOLUTION AUTIiORIZING APPLICATION FOR THE TAX BASE REVITALIZATION ACCOUNT WHEREAS, the City of Fridley is a participant in the Livable Communities Act's Housing Incentives Program for 1999 as determined by the Metropolitan Council, and is therefore eligible to make application for funds under the Tax Base Revitalization Account; and WHEREAS, the City has identified a clean-up project within the City that meets the Tax Base Revitalization account's purpose(s)and criteria; and WHEREAS, the City has the institutional, managerial, and financial capability to ensure adequate project administration; and WHEREAS, the City certifies that it will comply with all applicable laws and regulations as stated in the contract agreements; and WHEREAS, the City agrees to act as legal sponsor for the project contained in the Tax Base Revitalization grant application submitted on May 3, 1999. NOW, THEREFORE, BE IT RESOLVED, that the City is hereby authorized to apply to the Metropolitan Council for this funding and to execute such agreements as are necessary to implement the project on behalf of the applicant. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 12� DAY OF APRIL, 1999. ATTEST: DEBRA A. SKOGEN - CITY CLERK : 1 '. NANCY J. JORGENSON - MAYOR MEMOI�:.ANDUM PLA�ING DIVISION DATE: April 8, 1999 TO: William W. Burns, City Manager ��j �" FROM: Barbara Dacy, Community Development Director Scott J. Hickok, Planning Coordinator SUBJECT: Onan Plat On January 6, 1999 the Planning Commission held a public hearing to consider preliminary plat PS, #98-04. The Commission recommended approval of the plat request with 14 stipulations. The City Council approved preliminary plat, PS, #98-04 as recommended by the Commission on January 25, 1999. City Assessor, Ed Hervin met with Anoka County regarding stipulation #13. This stipulation requires that Onan combine Outlot A with Lot 1, before the final plat is approved. The storm pond in Outlot A handles the runoff from Lot 1, which is where the existing buildings are located. Lot 2, to be occupied by Murphy Warehouse, will contain a storm pond for its site. Anoka County will not accept the consolidation of the Outlot with Lot 1, due to the new roadway separating the two parcels. Mr. Hervin indicated that the value of this Outlot as a holding pond W��for the Iuond wi I be $4 The storm1 po d' This means that the annual tax burden p agreement will to assure ongoing maintenance of the outlot. As a result staff recommends deletion of former stipulation #13 which requires consolidation of Outlot A with Lot 1. In any subdivision, park dedication fees are required to be p nidees came u 023 per square fo o t o f l a n d. A c o m m e n t r e g a r d i n g p a r k d e d i c a t i o . P i n f o r m a l l y, a ft e r the public hearing. Though with or without a stiputation the fees 9.01 Onan Plat April 9, 1999 PAGE 2 are required, sta .ff has added a stipulation #14 to assure this issue is properly communicated. RECOMMENDATION Staff recommends approval of the attached resolution with 14 stipulations. 9.02 RESOLUTION NO. RESOLUTION APPROVING A PLAT, P.S. #98-04, BY N.G. NELSON, ONAN CORPORATION, TO REPLAT PROPERTY TO ACCOMMODATE THE DEVELOPMENT OF A WAREHOUSING FACILITY, GENERALLY LOCATED AT 1400 73RD AVENUE N.E. WHEREAS, The City Council approved the preliminary plat for ONAN ADDITION at the January 25, 1999, with stipulations attached as Exhibit A; and WHEREAS, The City recognized that the ONAN ADDITION replaces TRACTS A, B, C, and D, Registered Land Survey No. 114, Anoka County; and WHEREAS, The City recognized that the ONAN ADDITION would include 3 lots, described as: LOT 1, LOT 2, LOT 3, and OUTLOT A, ONAN ADDITION; and WHEREAS, The City recognized that the ONAN ADDITION plat provides a new road right-of-way to senie the development from 69"' Avenue NE; and WHEREAS, A copy of the approved ONAN ADDITION has been attached as Exhibit B. NOW, THEREFORE, BE IT RESOLVED that the City Council approves the Final Plat for ONAN ADDITION and directs the petitioner to record plat at Anoka County within six months of this approval or such approval shall be null and void. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 12th DAY OF APRIL, 1999. ATi'EST: DEBRA A. SKOGEN - CITY CLERK NANCY J. JORGENSON - MAYOR 9.03 EXHIBIT A 1. A 20' utility easement should be provided along the easterly property line of the Onan property. 2. A road with a 60-foot right-of-way, 30 m.p.h. curves, and necessary cul-de-sacs or bubble should be identified to provide access to the proposed lots. 3. The proposed access road will continue along the eastem edge of Lot 3 for a minimum of 150 feet in order to meet the lot width requirements. 4. The sewer services should be designed to service the proposed and future lots on the plat. 5. The sewer connection to the MCES interceptor will require MCES approval. 6. The water system should be designed to provide service to the existing and proposed lots. 7. Fire Hydrants associated with the development will be flushed by City Crews. Operation, maintenance and repair will remain with the property owners. 8. Storm water pond calculations need to be approved by the Engineering Department. 9. A storm pond agreement needs to be executed to assure ongoing maintenance and viability of the pond. The agreement shall include the outfall system for the pond. 10. A user fee will be required from the property owner for the storm system placed within the public right-of-way. 11. The storm water outlet pipe will require the repair of Stinson Avenue and the installation of 6618 concrete curb and gutter. 12. The storm sewer pond design must be approved by the Rice Creek Watershed District. 13. The petitioner shall notify City of any contaminants that surface, for wellhead protection. 14 Park dedication fees shall be paid in accordance with the formula 023 �er sauare foot of land for Lot 1 Lot 3 and Outlot A 9.04 �----- i i � W O � �� ' �� or >~ r�UV O � Q Q \ Z � � f � � � � � _ � i � g e : � i i � � s � �� ' � � � ;� ; � � � � � � a� � �_ � �� _ � �-�� _ � � �� ' _ �3 � x� �s _ � � 3 �� t � �� { �� _ � i .e s �r vu t� aL, i�/� 1 I 10� 7� 1� �J 1 z = �: � � ;3�� cs � ��f j s�� s3 � �,� �� ;- :�� .. orvr nr►n�7 /� I naseMisesnr j r� a � � �1i o ° �` t �-- � � I I I I � �----- = a� � �� ` ��{� � 5)� �a� � $ ��s �� ii �� ;� i i�i 1 I' �� € �� # ; `� � ;�_ �i� ��` ' _ �� s�, k � � f ��j� «� � � ��i fiii av srr►uo►K SY}I 91 lA►K � �� a� � s � i � � i �� E �� a �z M � � �_� � � � : R� s��a � j� �� :�;� _`�� , � �_�� ;�� a � �; � �� . � �� s� � � �� a � �• � �, � Msxrl � � � � � � — � � _ � � � � _ � � _ � � � T? uae.��sasn�-%, � i �•�I � • �� :� •- �, � _ ... � «.�� : � M � � �, � I s � +� � �� t - !_ „� wc I � f� ` I �` G� � � � � �=•, ..� � 1 I� naav�snsn. � � Sf' i7W Y/'Y57 �� - • �,.., ••- _ � nn a. s-rw a,ni sr3r► �arrs ;III � 9.05 I �a m � .. I o :� V f�C � � � ► � � �� , � �� m O F� ! V�___ I1 � �� _ _ � � � � � � ------� i i �� i � I 3 b � m T �." � � � ox Wt� rR _ s, r'' �,��' ! � �� / . ,. � �,��° �. * /' I 's, ��,y� � � `� g w � •� 4� ti � � �8` �F '4M � I I �;� �� _. -/ � �� ; � . � � I_ I � ..��'' � _ ' �� . > " + .. �•I Cj 7 . I 4 4 LJ 6 �� + r I � � � s rc �� F:� =.�i _�, �� :: I I , �� ,_:� � ;, � /.�� F� .: es �i c� � I I s� � �t` ��, I I $ L fx ___�.RM � —�_�� i /!/ � 9 . � � I � I I I ------� FRIDLEY CiTY COUNCiL NiEET(NG OF JANUARY 25 1999 PAGE 13 such time as the results of a request for proposal and award of a permanent contract. Seconded by Councilmember Bolkcom. UPON A VOTCE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED TRE MOTION CARRIED UNANIMOUSLY. Mayor Jorgenson asked if this issue could be revisited at the February Council conference session. Mr. Burns stated that he would try to expedite the process in attempt to have the information for them at that time. MOTION by Councilmember Biliings to authorize the City Manaaer, in conjunction with the Cable Television and Telecommunications Advisory Commission, to develop a request for proposal for public access, and to contact at a minimum Paragon Cable, School District No. 14 and E.T.C. Channel 33 with that RFP. Seconded by Councilmember Barnette. Councilmember Bolkcom stated that it would be her desire to contact as many providers as possible. Niayor Jor�enson noted that the City would need to take a look at some mission statements as to �vhere they would like to see public access be with the City of Fridley. 2. REPLAT P.S. #98-04 BY lY. G. IYELSON ONAN CORPORATION TO REPLAT PROPERTY Tn A('('()n�rn�rnne�rF •rus T��7t�i �nw�rr, i.r�+ ,�,,. .._, .__ Mr. Hickok, Planning Coordinator, provided a diagram illustratin� the site location of the subject property. At the time, the property consisted of four different tracts. The preliminary plat contained three lots, a public ri�ht-of-way and an outlot. To accommodate the proposed 400,000 square foot buildin�, it would be necessary to reptat the property, re-defining the parcel boundaries. Councilmember Wolfe noted that it came to his attention that employees of Medtronic had been parking their vehicles on 69`h Avenue. He wondered if "No Parking" signs could be installed to prevent this from occurrin�. He stated that he was concerned that this problem would escalate due to the increased vehicles from the new development. In addressing the impact that the development at Onan would have on the situation, Mr. Hickok stated that the parkin� for the proposed development was really centered around the building. He believed that staff had effectively addressed on-site parking concerns there. However, if there was an existing problem in the area, it could be addressed with the Public Works staff. Mr. Hickok stated that it was stafFs recommendation that Council approve the request for replatting of the property with the following stipulations: I) A 20-foot utility easement should be provided along the easterly property line of the Onan property; 2) A road with a 60-foot right-of- way, 30 m.p.h. curves, and necessary cul-de-sacs or bubble should be identified to provide access �� 1 . FRIDLEY CITY COUNCIL MEETING OF JAIYUARY 25 1999 PAGE 14 to the proposed lot splits; 3) the proposed access road will continue along the eastern edge of Lot 3 for a minimum of I50 feet in order to meet the lot width requirements; 4) The sewer services should be designed to service the proposed and future lots on the plat; 5) Sewer connection to the MCES interceptor will require MCES approval; 6) The water system should be designed to provide service to the existing and proposed lots; 7) Fire hydrants associated with the development will be flushed by City crews. Operation, maintenance and repair will remain with the property owners; 8) Storm water pond calculations need to be approved by the Engineering Department; 9) A storm pond agreement needs to be executed to include the outfall system for the pond; 10) A user fee will be required from the property owner for the storm system placed within the City right-of way; 11) The storm water outlet pipe will require the repair of Stinson Avenue and the ir�stal(ation of B618 concrete curb and gutter; 12) The storm sewer pond design must be approved by the Rice Creek Watershed District; 13) Petitioner shall combine Outlot A with Lot 1, for tax purposes, before the finai plat is approved; and 14)Petitioner shall notify the City of any contaminants that surface, for wellhead protection. MOTtON by Councilmember Wolfe to approve Replat P.S. #98-04, and concur with staffs recommendation that the zonin� code be M-2, except for Outlot A, which would be to be used as public right-of-way, with the stipulations as found on Page 2.05 of the agenda book. Seconded by Councilmember Bolkcom. UPON A VOiCE VOTE, COUIYC[LMEIViBERS BARNETTE, BILL[NGS, WOLFE AND BOLKCONI VOTED AYE. MAYOR JORGENSON ABSTAiNTED FRONI VOTING. MAYOR JORGENSON DECLARED THE 1V10TION CARRIED. 3. REPLAT P.S. #98-OS BY DAVE CARLAND CSM PROPERTiES iNC. TO REPLAT PROPERTY FOR THE DEVELOPMENT _OF VACANT LAND, GF.NERALLY LOCATED_ ON NORTHCO DiRVE AND 73�D AVENUE N.E. (WARD 1): Counciimember Billings noted that the agenda did not contain an iilustration of the new lots after the proposed replatting. Mr. Hickok, Plannin� Coordinator, provided a dia?ram depicting the replatting information. The request was merely to take the existing lot and to subdivide it into two lots to allow for the development of another facility. Councilmember Billings asked why the required number of parking stalls was specified, taking into consideration that the buildin� ownership/use could change in the future. Mr. Hickok stated that he felt the City needed to provide a service to petitioners when they come , forward with a renuest. The location of the lot line was dependent upon the petitioner providing the required number of parking spaces. Therefore, it was felt that it was necessary to specify this. Councilmember Biilin�s stated he believed that in the original replatting of the Northco Subdivision there was a stipulation referrin� to the number of driveway accesses availabie from 7l'` Avenue. He believed that the langua�e had been added to any subsequent replatting. 9.07 CITY OF FRIDLEY PLANNING COMMISSION MEETING, JANUARY 6, 1999 CALL TO ORDER: Chairperson Savage cailed the January 6, 1999, Planning Commission meeting to order at 7:33 p.m. ROL.L CALL: Members Present: Diane Savage, Dave Kondrick, LeRoy Oquist, Dean $aba, Brad Sielaff, Connie Modig, Larry Kuechle � Members Absent: None Others Present: Scott Hickok, Planning Coordinator Paul Bolin, Planning Assistant Missy Daniels, Planning Assistant Julie Tostenson, Community Development Secretary Woody Nelson, Onan Tom Becker, Opus Mark Kusnierek, CSM Properties � APPROVAL OF DECEMBER 2 1998 PLANNING COMMISSION MINUTFS: M TI N by Mr. Saba, seconded by Mr. Kondrick, to approve the December 2, 1998, Planning Commission minutes as written. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. INTRODUCTION OF STAFF: Mr. Hickok introduced Ms. Tostenson, Community Development Secretary, and Ms. Daniels, Planning Assistant, who works with code enforcement. 1. PUBLIC HEARING: CONSIDERATIntv nF REPLAT P�#�3-04 BY ONAN CORPORATION. M. G. NELSON: To replat property to accommodate the development of a warehousing facility on Tracts A-D, RLS114, generally located at 1400 73rd Avenue N.E. MOTION by Mr. Oquist, seconded by Mr. Sielaff, to waive the reading of the public hearing notice and to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:38 P.M. Mr. Bolin stated the replat request is by Onan Corporation to accommodate the development of a warehousing facility on the site. The number of parcels will remain the same; however, the boundaries of the parcels will be redefined as a result of this action. Mr. Bolin stated the property is located east of bld Central between 69th and 73rd. The property is currently zoned M-2, Heavy Industrial. To the north is R-1, Single Family� and . � . PLANNING COMMISSION MEETING JANUARY 6� 1999 PAGE 2 _ R-3, Multiple Family, zoning; to the east is the City of Mounds View; to the south is R-3, Multiple Family, and M-2, Heavy Industrial; and to the southwest is M-2, Heavy Industrial, specifically Medtronics. Mr. Bolin stated the site was platted into its current configuration in 1988. This was done to create some separately defined parcels because there was some contamination on part of the property. In order to clear the title for construction of the building, they split the land in this manner. The preliminary plat is intended to accommodate a new 406,000 square foot warehouse facility. The cuRent Tract A is the parcel that had the original contamination. Tract B was created to accommodate a planned building that never materialized and also contains a"french drain" system from past clean-up efforts. Tract C contains the existing buildings. Tract D was created to provide public right-of-way into Tract B if that was ever developed. Mr. Bolin stated the proposed plat now consists of Lot 1 which is basically the same as the p�esent Tract C. The proposed plat also has a Lot 2 which is the present Tract A. The proposed Lot 3 is similar to Tract B but has been expanded further east. This is where Onan intends to build the new warehouse facility. They also have a new public right-of-way which will be extended on the east side of the new Lot 3. Outlot A will take the place of the present Tract D. This will serve to give a public right-of-way and be used as a storm water retention pond area. Mr. Bolin stated staff recommends approval of Replat request, P.S. #98-04. The new lots, except Outlot A, will meet the code definitions. Staff recommends the following stipulations: A 20-foot utility easement should be provided along the easterly property line of the Onan property. 2. A road with 60-foot right-of-way, 30 mile per hour curves, and necessary cul-de- sacs or bubble should be identified to provide access to the proposed lot splits. 3. The proposed access road will continue along the eastem edge of Lot 3 for a minimum of 150 feet in order to meet the lot width requirements. 4. Tfie sewer services should be designed to service the proposed and future lots on the plat. 5. Sewer connection to the Metropolitan Council Environmental Services (MCES) interceptor will require MCES approval. 6. The water system should be designed to provide service to the existing and proposed lots. 7. Fire hydrants associated with the development will be flushed by City crews. Operation, maintenance and repair will remain with the property owners. 8. Storm water pond calculations need to be approved by the Engineering Department. 9.09 �NNING COMMISSION MEETING. JANUARY 6. 1999 PAGE 3 9. A storm water pond agreement needs to be executed to �include the outfali system for the pond. 10. A user fee will be required from the property owner for the storm system placed within the City right-of-way. 11. The storm water outlet pipe will require the repair of Stinson Avenue and the � installation of 6618 concrete curb and gutter. 12. The storm sewer pond design must be approved by the Rice Creek Watershed District. 13. Petitioner shall combine Outlot A with Lot 1 for tax purposes before the final plat is approved. Mr. Kondrick asked how long it would take for the storm water pond design to be approved by the Rice Creek Watershed District. Mr. Hickok stated this approval is being reviewed at the time this request is being approved. - Mr. Sielaff asked the purpose of the french drain and clean-up of the site. Mr. Bofin stated the french drain is a hole punched in the ground usually through clay. The hole is then filled with a more porous material, such as gravel, that allows run-off to d�ain into the ground at a quicker rate. He does not know why it was put in Tract 6. Tract A is where the contamination was. He would guess that the french drain was put in B to keep the water in that area from running into A. Mr. Sielaff asked if the site is being monitored at this time. Mr. Bolin stated he is not sure of the status of the current monitoring. The petitioner may� be able to answer that question. Ms. Savage asked if staff has received any comments from the public conceming this request. Mr. Bolin stated staff has received no comments. Mr. Hickok stated that regarding the environmental issues, an environmental consultant brought on by the petitioner is wo�lcing to make certain that future development will be sensitive to the work already done to clean up the contamination on the site and to make sure that, as development occurs, whatever needs to be contained is contained and any necessary clean up happens also. Mr. Sielaff asked if the petitioner submits something to the City to keep the City informed. Mr. Hickok stated Onan has made application to DTED and the Metropolitan Council for funds. They will be going back through the funding cycle in May. Though no funds were available through DTED on the first round, the Metropolitan Council offered funds. It does look good for the next round of funding to get additional dollars to make this project work. 9.10 PLANNING COMMISSION MEETING, JANUARY 6 1999 PAGE 4 _ There are extensive environmental issues still being dealt with. The cost is to be shared and helped finance through DTED and the Metropolitan Council. Mr. Sielaff asked if there is additional clean up and/or monitoring continuing on this site. Is the work going to be overseen by the Metropolitan Council? Mr. Hickok stated, yes, there is continued monitoring. The environmental folks repo�t to both DTED and the Metropotitan Council while working through the environmental issues. Mr. Nelson stated he is the director of corporate facilities. He is excited about the project. This does a lot for Onan and the community to put land back into productive use. Ms. Savage asked if the petitioner had any problems with the stipulations. Mr. Nelson stated they had some questions. Stipulation #7 refers to fire hydrants. He was not sure what they have in mind. They have maintained fire hydrants in the past but it is not a big deal. Staff talked about the outlot and they need to understand what that really means for them as well. Mr. Becker has been involved with Onan and Murphy on the design work for the site. Mr. Becker stated the only other issues are details about how the sewer line will be designed to service both lots to satisfy the requirements of the City Public Works Depa�tment. He did not see a problem with that though. Ms. Savage• asked if the petitioner believed they could work out the details with the staff. Mr. Nelson stated, yes. Mr. Sielaff stated he would like to fotlow up on the environmental issues on the site. Mr. Nelson stated they are seeking funding for some of the environmental issues. The clean-up that was done on the site in the mid-1980's was hard core, and it was funded by Boise Cascade, Onan, and the railroad. It was done in accordance with a court order. Monitoring is in place and is ongoing as a part of that declaratory judgment. What they expect to encounter and because of the french drain, they want to make sure that is preserved so it can still function. The french drain has not functioned as it was installed to do for some period of time. The MPCA said to tum it off. It is there but not functioning as it was designed to do. It is in place, and they will leave it in place as the site is developed. Mr. Sielaff asked Mr. Nelson to explain what a french drain is. Mr. Nelson stated the section where the contamination is centered is a central treating operation. The implementation mechanism is a slurry wall dug into the glacial till that is about 40 feet deep and filled with clay. .A cap was placed with clean fill over the top of that so there is no recharge from the ram or snow melt. The french drain was dug into the surface aquifer about 26 feet below the surface. Then they put in pea gravel and sand with a textile cover to keep it from silting up. That is about 4 to 5 feet below the surface of the ground water which, on this site, is about 8 to 12 feet. The thought was that this went a into the Metropolitan Council sewer with a valve so that you could tum on the french drain and lower the level within Tract B. When you shut it off, the water level would come up to flush it. They did not see a difference however, so they shut it off. 9.11 PLANNING COMMISSION MEETING� JANUARY 6 1999 PAGE 5 M�. Sielaff asked if there are some additional things that need to be done at the site. Mr. Nelson stated there are considerations that have to be made in the construction process to p�eserve the capability to continue to wo�k. Mr. Sielaff asked what the connection was with the Metropolitan Council. Mr. Nelson stated there is funding for retuming contaminated sites to usable purposes. That is really what they are talking about. He did not have all of the details. They also have a contingency plan approved by the MPCA where, during the construction process, they have a mechanism to monitor the excavation so that if something is encountered, they have a plan to take care of it. That will be put in process also. Mr. Sielaff asked, if something was to occur on that site, is there a way to let the City knor�v what is going on? Perhaps there should be a stipulation that the City be notified of any contamination. His reason for bringing this issue up is because wellhead protection is something the City is looking at and this is a potential source of contamination. Mr. Nelson stated he did not see a problem with that. M TI N by Mr. Kondrick, seconded by Mr. Oquist, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:58 P.M. Mr. Kondrick asked if the Commission should add a stipulation that the City be notified if contamination is found. Mr. Saba stated that Onan has been a good corporate citizen and probably would not have a problem with notifying the City. He did not believe a stipulation was necessary. Mr. Sielaff stated he suggested the stipulation so that the City would be aware if anything happened. M TI N by Mr. Saba, seconded by Mr. Kondrick, to recommend approval of Replat request, P.S. #98-04, by M. G. Nelson, Onan Corporation, to replat property to accommodate the development of a warehousing facility on Tracts A-D, RLS114, generally located at 1400 73rd Avenue N.E., with the following stipulations: 1. A 20-foot utility easement should be provided along the easterly property line of the Onan property. 2. A road with 60-foot right-of-way, 30 mile per hour curves, and necessary cul-de- sacs or bubble should be identified to provide access to the proposed lot splits. 3. The proposed access road will continue along the eastem edge of Lot 3 for a minimum of 150 feet in order to meet the lot width requirements. 4. The sewer services should be designed to service the proposed and future lots on the plat. 9.12 pL.ANNING COMMISSION MEETING JANUARY 6 1999 PAGES _ 5. Sewer connection to the Metropolitan Council Environmental Services (MCES) interceptor will require MCES approval. 6. The water system should be designed to provide service to the existing and proposed lots. 7. Fire hydrants associated with the development will be flushed by City crews. Operation, maintenance and repair will remain with the property owners. 8. Storm water pond calculations need to be approved by the Engineering Department. 9. A storm water pond agreement needs to be executed to include the outfall system for the pond. 10. A user fee will be required from the property owner for the storm system placed within the City right-of-way. 11. The storm water outlet pipe will require the repair of Stinson Avenue and the installation of B618 concrete curb and gutter. � 12. The storm sewer pond design must be approved by the Rice Creek Watershed - District. 13. Petitioner shall combine Outlot A with Lot 1 for tax purposes before the final plat is approved. 14. Petitione� shall notify the City of any contaminants that surface, for wellhead protection. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. ' - Mr. Bolin stated the City Council would consider the request on January 25. 2. PUBLIC HEARING CONSIDERATION OF REPLAT P S#�qR_n5_ BY CSM PROPERTIES DAV To replat property on Lot 1, Block�1, Nortfico Business Park 5th Addition, Anoka County, Minnesota, for the development of vacant land, generally located on Northco Drive. M TI N by Mr. Saba, seconded by Mr. Oquist, to waive the reading of the public hearing notice and to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, C EARING OPEN AT 8 02 P.EjV1 �RED T H E M O T I O N C A R R I E D A N D T H E P U B L I C H Mr. Bolin stated t to actctommodate the development of a p e e of vacant land. The eplat Park 5th Addition will create one additional parcel. ;� 9.13 MEMORANDUM PLA,��TNING DIVISION Date: 4/8/99 � To: William Bums, City Manager�� From:Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Paul Bolin, Planning Assistant RE: Correction of an error in recording two documents (�/199-89) INTRODUCTION The City of Fridley received notice from Sandy Nelson, counsel for Northwest Orthopaedic Clinic, that two documents had been erroneously recorded against her clienYs property located at Lot 1, Block 2, Springbrook Apartments at Northtown. The two documents, a wetland replacement plan and a variance, should have been recorded against Lot 2, Block 1, Springbrook Apa�tments at No�thtown. The City of Fridley has received a request from Jack Gibbons of Chicago T�le, requesting that the City of Fridley pass a resolution ident�fying the error and releasing Northwest O�thopaedic Clinic from compliance with the stipulations that were included in the two recorded documents (1263087 and 1263088). STAFF RECOMMENDATION Staff recommends that the City Council adopt the attached reso/ution idenfifjring the error and releasing Lot 1, Block 2, Springbrook Apartments at Northtown (Northwest Orthopaedic) from compliance with the stipulafions intended for Lot 2, B/ock 1, Springbrook Apartments at Northtown. 10.01 RESOLUTION NO. RESOLUTION TO RELEASE THE PROPERTY LOCATED AT LOT 1, BLOCK 2, SPRINGBROOK APARTMENTS AT NORTHTOWN FROM COMPLIANCE WITH STIPULATIONS ERRONEOUSLY RECORDED AGAINST THE PROPERTY. WHEREAS, The City Council approved the wetland replacement plan, WR #96-01, for LOT 2, BLOCK 1, SPRINGBROOK APARTMENTS AT NORTHTOWN at the November 25, 1996 meeting, with stipulations; and WHEREAS, The City Council approved the variance request, VAR #96-24, for LOT 2, BLOCK 1, SPRINGBROOK APARTMENTS AT NORTHTOWN at the November 25, 1996 meeting, with stipulations; and WHEREAS, The two documents were recorded, in error, against LOT 1, BLOCK 2. SPRINGBROOK APARTMENTS AT NORTH70WN; and WHEREAS, The property owner of LOT 1, BLOCK 2, SPRINGBROOK APARTMENTS AT NORTHTOWN has requested that the City correct this error; and WHEREAS, The City recognizes the error. NOW, THEREFORE, BE IT RESOLVED that the City Council releases the property located at LOT 1, BLOCK 2, SPRINGBROOK APARTMENTS AT NORTHTOWN from the stipulations placed on LOT 2, BLOCK 1, SPRINGBROOK APARTMENTS AT NORTHTOWN with WR #96-01 and VAR #96-24. BE IT FURTHER RESOLVED that City Staff will file these documents against the correct property, LOT 2, BLOCK 1, SPRINGBROOK APARTMENTS AT NORTHTOWN. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 12'�" DAY OF April, 1999. ATTEST: DEBRA A. SKOGEN - CITY CLERK NANCY J. JORGENSON - MAYOR 10.02 Mar�25. 1999 3�30PM Na•03i5.�:�P. 4/9�, . . �.�. . . • . .R��•��fi. :,�., . f . i.rl'!. ;�s�. � � , ��.: �� {:. :'jf '� ' �:; ''�•+.. . . �� . . �j �...; ��. . N � , ' /, • +e:i . •� . _1 . :� ,. ',.' . ,. . :�v � ��I, li � � �r, ,. . • . ; . . . ,r : �.. •.'M' v •'.: .;' �I �, � � I•� �. . . .� ty'��•�� r��.�•:w v�,�:�'..{� ) � I� ' ' •� . . :;ry •'' • ,r' " .'�i� r�a;`. �i•�F . •�4 � I � I ' ` ,..:�'r,. �� ,�. ,' ,. •,; � ' .�.�!�sw,,,,- ... . . . : �t :':x ; : �� ' . • . � .7 :' . � • �'' �� ' + y'.`r' . .,/. , . "v` . . .t:f •[•'� _ • •��. � . , . . . . i ' " • . 'S' ' ��.`+��.,fi•.n ,'y��': . ' ; . ' � STATC OF MINNE ;t�Tn � '. .. ' . t' , � ::•�ss��f. �:: =;• ,: �.;�.. �.- } :� ` . � ' • CITY COUNCII�PROCEEDtNGS ' �'. : Y` :� CQUNTY OF ANO� r J. WETUINO REpLACEMENT pUN • � �=x ,~ • �i. Clt'll OF FRii7lCY � . . . -'>.:'. .�, ' � '' � � " in fne �ner oi: � . � . ' •'•�+ a �ocipod repiaceueat plan, YR /9b-01 . �� "•' . ',�.i �` �Wf10f: 11ryAnt iav��tmPnt'CO. • „ - . . � t .^u•I. ... IMt ' ' ..- . � � •• �„r,, , .� ,S � , : ,.,� ..."r�. ;'. Yhe abov@ enrlkd matter came beforo the City Council of tha CI ot Fridl ' :� .�''"� � � 5c h y 19 96 �I► ey and wa� heai+d� of� Uw �� h��*�� _, on a peStion tor a waUsnd replacement Qian pursuant to �'' ' the City or Fndley's Z no ng Code� � ro� �he joUcwinp described property: :�,,.,, 1 To fill 4.]'�t, sQi�;�rc t��t of type PEDlC uecland aad coplate.vi�h,i�de qo �'. t.ot I� Blork 2, SprinRl�rook Apartmant• a ' .. •ite :: . '.*:�y4..ij � and University A��c�ues. ;-, ., .,�k Northtovn�.�QaQr�ily:,loc�ted at 83� �f��• �•�"�%�: � ,.: � .i, :<,� "`�'i, :.'iSi< . : �t,�:(. . : . " . � � ,•: .,i�,i-.,. t... . ... .�,»l- •�Yrrt�i� .1"0'� T .'s,��"'•'��I�,g�� yN��:':. �:L;.;.o-.. �..�Iu .�„K.]!!:• ..., r»~' . i.J:� 'A': .:a.'. C'ii ' �•�. . " � .,• .ry�� : : M;S=�1�•.i . ,,:.ml.w .. •;i;ay •,�,� , .: , . ;f.��" i��_ 3t�_ �;�_ � � �� a.... ,� �. � � � : � : ' :. 2 x ^ ,� ; •.'+e «: ��,e> . ' �.�� . , • ;TQ�, l�OO�'(,��1'�' +1{, . yc' 'y''e'� Ta�•��' � �ri.c '�Z'e.t�4 ' ,C.�' : �.ir • , 'i . :ti. �' ,� j . �,. . ' � • , h... .�!.•. � . . ' ��.'�' . - 1T IS OROEREO lhat a wetland replacement plan be granted as upon the tollowinp conditlons or reasons: . Approval witli i�n� Rt[pul�tion. SCa City C��cil roeeting �p{i�utee o[ NoveAbee 25.�� ,. � 1996. • � - � ' ' STATE OF MINNESOTA ) ,• : COUNN OF ANOKA ) • �, ::+ �, ,: OFFICE OF TIiECITY CLERK �.. 3 CITY OF FRIDLEY � ' . . • �, 1Mlliam A. Champa. City Clork for the City of Fridley, wi�h end in for said Cily o! Fridley, ao hereby certiry that 1 have compared the foregoing copy and Order granling a wetland replacement plan with Ihe orlglna) record Ihereol presenred in my otrce, and have Iound the same to be e correct and true Uanscript of the whole thereol. ; IN TESTIMONY WHEREOF, t have hereunto subscribed my hand at the City of Fridley, Mlnndsota, In the . ;,,,.: Counry of Anoka on the ti�,� dey of ' " ' � DRAFTED 8Y • : ' 19�^: . . �� , ` : ' : �: . � , City ot Fridley -. , 6a31 Universily Avenue N.E � � ' � � Fndley, MN SSa32 � t� ' � , • ' .. • ;,i ' ; William A. Champa, �i�y Clerk '�� c t' . i •�� .. ; , � ., � � � : ' • '�s�� . I''. .�`;' ��,+� : `• . � ' ' . .`. :;\ : +. • , ,.., ,�. . . . . .:1.;.:., ...,....... ..,.....,, 10.03 � ' � ► . "�: .. .. Mar.25� 1999. . :;:;- : � .��. � , . • • .' f .. . .. . , f:: . . ;' ) . 9 � 3�30PM �'I:Il�l.t'1' '1'1' t:cnMC1L 1996 ,. . . �� / .. �•.�, �,.� I�i9h r�sQ on, �,i„�>�i ty tocaCed at lh� int ��.:tio of ` ,.., � r,,,•nur and Nesl Univ�� " ��. �� reyur.sls lhal. t:�. uu i l m k� ca Fdfs�c Urive, .• The �'`°�•�� .��arl,menl bu.ilding:: �a►�,� nclion between i��, i i• f i n�: �. . 9enera ] rpose epecln�ent i . i ; ; S. r �i . 1 �� ;" � • �`::: =�;�:a '•�� ' '�. � ��a�r .. , �,,. ' � �•°`I t,�< � . . ti � i�.. I� r G. �•'� . �'"��' ::f.atr.d I.hat curr�nl.ly, the / .:�,�.°•.' '.. :�il m��lli-fam,iiy k�uilcfi» .. C r� u reinances, vhich � ; �.'. ..` : � • � c,nr. l.��droom un i ls and . $ � � . 5 patkf nq .�,I.I,s �,,,� �I l,��lr�om. The Par�inq space fOr eOCh "•.;" �..•;�;..►�l i,a roduce�� Cc� jep�l�,�rk nyl S.�cq��stinq that t;he c'� t�•,• �., ��-"nt. oC t.liose srac s I�c��nq e clos�d �ivr�mult ple .�lr.t i�.' c••:;' � irlr�nce„ t,hat �re dic.il•ed Co sc±nior livin ... .�i:�� :.��c;,linc� Lli.tit he 9• Staff ...�'�•,:�,•: •,•i�! I�omc�: lo c, l7ar.l;ii�c� ra�ia be reduced for .�,,,� ,,:, i� �<�v r . 5p��c� �ac ev�ry tour beds and three o y toui' ployee, �n a sl�ifl'. �'`'' •�"�"�- :�L��Ced t C Counctl cond�cted the `�� '"�� '�'� wi no adverse commenl;�, Public hearinq an .��r�,�,�1 �� lt� first reading. Staff recommends wAZ\%ED TNE RF.ADIN6 AND APPROVED TtIE OROINANCE ON FiRST ttE1�,D I NG . 1t!•:CF:) V' TlIF: MINUTES OF TNE pJ,�NjNG CO�yYSSION MEgTING OF N��vf;r r.`i<a.' �9 6: E IVEb~ TI�S MI '"` � rN��Et�ER fi, i996�s OF THE pLANNTNG COMMZ39ION t�ETxNG. OF ION N0._112-1 . . -- ••w� tr�tutU ,y) : - - �a o,�tw i1ND Hx. �u�rns. City'��'Nanager.. state �a ; ::•�r•. . .: ��; .• •,� "' • constructin a d' .t t'3tj�e.., .'.�; .': :: located alon �Q$'unit'�'$enior high ri°se`•oi�'�3�p�Cit�.oner$ e�. .�.;.; q the•;�Ne sacxea: ..• •. Avenue. Th� a' s�'��iversity Avenue 'Sez�virC-. �,.:,:.°� �,>,�••,� Mi e Y f sti _. �o,�[f�� 1. 1.� ' S D�'ive .:a '�W�.,.:�,-:. zgati on is lo:be proqided b� ��acres-•�ot�Ty�te g . �t:�::�• a J on t� a r . ,. Y � expandx �. . . ..a, . �e�l • ; . �.._ . . 5 d Avenue near ,: the south . �deh a� fxist�i�q:•w� :. d�: •. buildi��v. Some Type 5•wetland a.rea will be convertad t�ea ��'Y!'�• G we1..i��cid, and the proposed relention c-on:;icic�red ,,�� eligible mitigation area. pOnd �s also '�''' "�'r��•� �i' lNic� the area of Che site being Pilled;ga�ion 'is' ,. Mc. iiurns :,�:ated that Chis p i'i. .�l��r�,v<:,1 hy t•he Cit s Aro osa� has b�en revi,ewed �d F:nvi ro►icn�•�i��, �_ y� atland consu�tant, Peteraon', .,.�: . • M01�7•E:U ItF;;:Of,t)TION NO. 112-1g96. �,�E'� yy;t.•. '. �ii:. .� �. :'i' • � ' ' .. ' . .Ni�.'� "l,�'"�lti'.w.• . .....wn .....n �w..� �... . . �� :�, ` � . ' , I� . • . .t�;� �.�4 . . . . . � �,; . . . .y: : � .�. !.' �'.,` ' ••Y?t'�.IS �.� J.�1 .: . � .. ;$�::� - � j: • � �• '�`�' L:i �• . *•M1 R e �, � ;L• xl • 1.; • Mar.25• 1999 3�30PM . ,w+: ;•�,,�:�,;�,�a�:. . . .•, ,-...�.... t� 1 .; I . � ..� � . .:'��No.031� • 6/ =:�'• i ."••' 'i:�A'�r .. ;,;�w,, '«Jt�•? � ••. •• •,.c�; � .:i�,•; :4�; . �,� f��l�' '�l'c'�i�' : � . �'�•r`=�f �� .; \ %� 1�h�� . .� ' �zi.� .� .-.�'� � i.. .�. ' . •. ;L. , � • .' • ,;y, R�s�wrYarr No. 212 - 1l96 ~ �. y •�� i �'�» '-fF^ '� � 'X . . \ �1. �•�, . :�::< ;.: . . ..... ' .r� . RESOLU?ION AFPROYINO A 11�TLiWb RBMACElffp* ��`��- PIJUI, WR N96-01, CENERALLY LOCJITlD AT 83"° AND �� `� UNIVERS2T7 AV�NUEB . :�••• � � . i, �.:.: WI9FREA5, the f't �` �� t i s not we[land-dependent j and '��'�"•�`' . • ;.:. '`�' �ii . . .¢y:;.,. w��%+:�• t1,� :,�F�1 i�ant provided e.minimum of two elte�nativea in ."� ` ��ji r.i�n to t t�� •� ��,,,•;�� pro ject, and the City hea determined �'y;�.t��:, ,'� .t.l1t':� alterz�,�i iv��:: t�ti be qood faiCh effortst and ' .'`�� .�a;.:�.�•'. � i'4'if�,��iA: r WtiF:I:F:nS, all fca:il�)c� and prudent alternatives have been ='•�*:•� crnsidered th��t w„uld avoid impacts to weClands; and �� `�'•`'•" �IIP:R�AS, the ap�l�c;ant has demonstraCed an effott to �ainimize i,m�acts to wc+tlanii� t�y considering modification of the project's �1 :.e, scope, c:onf i ni�rr+tian, and density: and wliERF.A,S, the rrajccC is consistent with the intent of the c�m�rehensivr. a•�i.�•rsh��i district plan, the metropolitan surface W�it�r m4naacn:�n� E•)��n .�nd metropuliCan groundwater plan, the in�':►3 corn�r�1��,,,::i•:.• �,l,�n, and zoning ordinance; and t,'1��,�<E:AS, t�ie r•rc+ih<;t wi11 �ot aPfect Che wetland functlonal �;�]��es i.r. �}�c ,*ollrwin� ways: F'J��dwater st��ra��; n��trieri;, assimilation; sediment entrapmentl qzouncl�aater rc�1i�� •;�; luw flow auqmentaCion: aesClieCicS/r�r,r�a�.c�n: shoreland anChoring; wildlife habitet; fi5hcries ha�itat: an:l _are �lant/animal• habitat; and WIiBP�EAS, thc eer',.,:•nmenC pian cc�m�lies with the criteria set forth in Cha�ter �i�S.:7 0� the City of Pridley 2oninq Code. � THEREFORE, 8E 2T RF.SOLV�p that the City ot Fridley hereby approves thc w�*tlaricl replacement pl��n t�r Nnals's Ark of t4�inr.•;��-+ta, wi'•t� tl�r sCip��lation on ACC,�chment :►. pASSED AND ApOPTED BY TliE CITY COUNCIL OF THE CITY OF FRIDL�Y THIS 25rN DAY OF NOVEt�ER, 1996. � ••. A'�TEST: � WjI T 7!�M A. Cit11MF'J� ��-�"CIT'i CLERK � .� � ��f;,j11 au' ��^ �� y ` ', . . � T . <•� � �• • .• , • . .1. � . .... � :��: . ; .. -.�'t;. ." u .:; W11.LiNN J. NEE - MAYOR ��'. 10�.05 � .� . . . a � k '•: Mar.25• 1999 3�31PM ,' a�.�','� .. . . . . . . . . - � . , ... �a'.e.ra'r��r�yAPV�d}�'�t. f+f: � .;� i .tl . .;�• . Na.0315 P. ]/9 ' - ' � ' � � � .. �:��;�"`�'.:. '�:,.'� � . �� .. ��41 � • . - :�; . . .� . - � �fi� .;i' � .� � � 4'�qa 2- R�;:,,lue 1�� o. 112 - 1996 � Attaclunent A�;�.. � , , � . • . ., ..,, . .. _. �' :�.: . . � � : .:,;� . „ ' 1. The p�� f � �„nr 1 ��it .�: ""•.=?`;'. • ,, •;.• . .• •: ":��': ? ';••;; . , i� t aA:�l sp t�onitori ' p' •'" ',• • •,�:;..s��:a *' . on .7un.• 1' f rac,h yea�#rom n9t�.lnt s�kioti.;.ko the .0 t r" ,• infotm��l , .. ;,, , 2998. uriti1:i2003 ` �e•� " '' -'� 1 1 i n�-1 udct Che foI lowing: .-.n�•� ��e -�oiiitoi�inq -�'��`."`�:�: � A. , '3 .. . , , •r: •• e� _;> .,:; -;� •°:9� •,}►"' "'r;; ,c. A ��r. ., •w', •'�!•y', �ti.k'��:�.,Yl�' .J"�: ,Qt,.:r .K�rK u�•� .�� i �� cr�� f Che P ject 1 on: � ait��..�:�:•::� � SM �.�� , •�-.; :.:�;�. I.�U r� OCAC� a.�. ,.. ••. .. YI��•. r�� desired wetland :a��,:�.curronC'�ti. :'••; .•• :;.�., ; .., tYPe. •,..•;. �,.r.�,. , : .:�... `„• 8. .. . �,.� , .�.,, ., �...-. , . C� E�.�� l:.t•n ��(' •.. � .. A .u� �buil� .��':,. �.. .y. tlie'�ae- �•:,,�,y... >.�: , �L�•.' . de9i+�� :�.�.,•i f ir.al'�ons Ifixst. annualiplen�onlver$u��the�� e, ra c i rniA 1 �• ,. y,)�and �,y_ ' . ' '`' . . <<�I significanC �cAanqes. � . . .•%��'. .�.. C. ; • ��''f� . ..�tyr �.' '' '° , }� ��t� � t .. .a:ft...,•"••' i Y �ti• m`�,�;;ureme�t9: aeasonal water level elevationa::� £.:R� i.'� �j•�•i 1 ^��. ��in in October. . �.. . � �,r, �; . �' � �''�� ''t � ��• �1„mtnant veqetation in the wetla�d, �.' � � 4,� � �:; iti,�l�,.ii�,,� ,•,.p��,,,,�, ��ames of the vegetatior► exceedinq 20 �� P`�r��.�� ,•.:v��ran�a and an estimaCe of the coveraqe. '•.�.' E. Cnlc,r ��1�„�,,��F,hs oF the ` ref<�r�•��,•�•,� t.�, ProjecC area taken �n July and on lhi� w��t.l��nci�ceplacemQnt planeandelabelednaCCOrdinglyed .� � ; , •�,:. � , . . . i:i.. � " 'a;'a ;,,. . ':�,� . . ' • • �ati: • • `�'�.�'w"� ��;... . ,.:&s,S�• . , '.�� E,� ;.: 10.06 � � . . . _:r��»;e��'��' 9'��i',i,';� � Mar.25• 1999 3:31PM 1 � � ' � � - . 5tn1E' (�1' MtNN�;S(11A rOUN1Y Q� qMOK/4 c��,' QF FRI�LEY � 9. . `•��},,,F•, ' • i.� � a. �� , i•�. ; . ' � Y. • :;yl � y!, '�*• ' (_" �, . N! �9: ,�}`.i �.'• �!.�yo �F/ • �h: �. ,; �� . .' .. .:�:' " � i 4�� '� �ti. ..;�';��y� � .'r+ ;�:: �'�'`,� . •v. '.7`.'+�r;► �l y)t �4 ..' ,._r, � n�5�, �.n.,, :�:,:.`y�;.::s.�,,,.'. . • ' • •�"'. . .. .•--:;,�,No� 0315�P • 8/9. . . . ,.e,. . . •�• ' c�TY COUNCIL PROCEEDINQS, v�RUt�cE In (he Made� ol. _ �� • , � ; .,.,� �_ �•�R +196-26 .. Uwnor ,wR� v.�_,l lo•.•, . �-,• �.� �. Thr ;11�C1vn p��p� ^�;�� f�n,,, hrrn�w �he C�Iy Council of l�e C�ty ol Fridiey and was heard on .•.�i� qpyol •: •�•�•�■i.. � ihe i��,f!��s ;-�;�, 9 '' •� • �-•• • 99 �i° , vn a petition tor a variance pursuant to the Cily af �(1��imance, i�r thr ►n.lnwin deSCribed prOpefty. 7n i��du..• Ihr t�.�r �•:�►J ,.��h,�.k •� In;'.,�nit indrpnn,i�:� Irc�m 25 tcr� !u IS tocc t+ti utlov the eenstruction of t li�•�.,�• .ip:�rlm<�oL huildinR fnr s�uinre on Lot I� Block 2 J•p�1'irnrnle nl N.�rthl,aun. �!�i,e•r:�I lY ip�•nlcd at thc neCClwcN , Spri�gbrook nttQ th�• I�rc� Unit�rrvll\' :1v�•Ilim S• t COYnCC of 83rd /lvQnus 1 �Vil'l• ntlVC. va-�o-�y, �� -vv�� t,. �T IS ORDERED that a vanance be granted as upon the lollowing condl6ens or reasons: �PProval wirit no s�ipuloli,,ns. 5cc Cily Councit AQCting m(nutes of November 25, 1996. STATE OF MifVNESOTA COUNTY pF ANOKA CITY OF FRIDLEY ) ) OFFICE OF THE CITY CIERK ) ; �. William A. Champa, City Clerk lor th� City ot Fridley, w;lh and in fur sald Clty of F►idley, do hereby csrtlty that 1 have compared the foregoing copy and Orde� �ranting a variance wlth the orlginal record t�ereof;:• preseiveq In my otfice, and have tound ihe same tv �e a correCt and true trensc�ipt ot the whole thereo�•�;.: . �.. . . IN TESTIMONY WHEREOF, I have � � { � • � �' � � `"'"`��'�''"t�'�: � '� . ::-� . ,. � �' hereunto sub ed� ` � ` . • �.. }a .�!� County ot Anoka on the �_ day of •'•�� :�:.� ��na 19�Y.�°f F�idle �;NQnriQ�ota..l� :�.r. DRAFTEb B"� . �.. �:,. . . . . . ++, w.:: ,w:��. .. �x�;>:•,1, .. � . . �, :� ;�.;� . � �.,,. ,: .�� ,' � w� ". � � ►;.�,.. : „ � . : •+ �- .. �..::; . .; .,�;.. . \ /:�A1��' C�ry of Fndiey � � . 8431 UniversltyAvenue N.E, �' • • �ridlsy, MN 55432 � � i William A. Champa, City Clerk , :� ��' �(6FAl•�. -•,'•• ;�� .�,. . . J.. L �l ' �•?•�y/��:...1� Variances are valid for a�criod of one year following approvai and shall be considered v'o,a9f,�ipt'l��. e"(�'�j,�lh� �. thal period. �� • ' ` .a' ' , `4 . � � . . .� , ��......,�,... •• • - �. � 10.07 �� ...: .-r� ��$�� . �%. ��p�` , ;j.j� .r n T �bT�'1. � ;�;•, � � Mar.25� 1999 - .. ��-�: ;. �.�, a. : .. ;.�;�;�... ' 4 ' �'� �� . �t.: �•.�� i ... � ' ?'.iJ. � . ''� � � � , _ � i 1 , � � 1 � �. : '•� . ' �.�.�.. �+ .. 3:32PM:�.�-�. -: ...� . �,,.. . � �-� � :._:.'. .. _�. 0•0315�P. 9/ . ��•�.� •'h jf'�� • �•' YiW.,.?�` c •�1� 1�4�. . � , :� . . „ q ' �.y� .t. �3 �' ,;. !.P " R�, � � ',�.l'�,� • ., `�I . . � . ,i� i '�S •��.�',• : �ti;R'.. .:�... . � ;�,i;'.' .:,�; :�y�.�. ine. � :1'%.�i �, .. 1:. $i.t� •t .`�.« � � � F�RT� (:11'Y r`tilnJ�:II, �gr . . .,,. ' � , � . � '. ��; i+ � • INtf O} NOVp:1�IbER 25 1996 � . ' • '��``�' � • \�Att I T�ta� !: lq'��ul: ;T , � PAGS �'::',,:• � i:F:i�r: �•l,�t�► ;• ;�,.-,_ v�►!. N96-'1.4^ !3Y Nar,lt�5 lutK ' . T�i�N'F rt�ncs�` �5i zS ._Fr:F.7 T� i S . TO REUIK:� TyE��•, ION.•�7'Itl l� � OMc 1�(!J' I.j � 1 Nc: _�� O�fJiV�T 1 N 'Pt NU�N`1`�E Z,=' N6 J'OW T� .. tbit sk:Nl URS GEN , RALLY L AP1tiR RT �V�F:Mil;S �(HNtU 3` TED R 6 R - I I Hr. liurna. CiLy Zfanaqer. eLaCwd that .. ., ��n '" `�""'""'��'� � wetland �ia variance is need`.'.'.�:. � Tt�� .�,,�,�,,��,Y� � tnitiqation and sCorm water retentloa •�; ear yard abuts the resz ��i �,�•�•rt ti•, nn�! Lhc vari�ancc► wil l yard o� the Nal- ��,.'� �ro,,:�•�� "r a��rq•�Civ� iMpact on rnot create an Max2�''"�: 9 een space. �'d��rse viaual�;"'� R11 . 19t11 ; u; ; �, , 7 iy. a►''�� c��r.� t.jli;; 'l�.�i hhat the APAca�, Commis�ion unanimausl� ' VariancR re uest. � �"� � "�� !�r'c�vin�i:,l 9 T11� request is dlso within Y� y ry'�'i"� �c� �azf ances . GW�NTEn VARYANCE REQ(�Sr, VAIt A96-Z4, TO REDt10E THE SETHACK FROM 25 FEET 1'0 15 FE�:T. �EAR 7ARD "• nl�� •r.t7vh': wn 1 v�:it op� Tt.hlPORnRY 11I,t1MNi' F'lilt ('lt123:STMAS �Rf� SIGN P�;�IT �ES ,Fp� AVF:fJI1F;.jV.w. y�_i,.:'1JZ� 3j�_ SALEo AT HOLIDAY PLUS TIiET CHI -. _ . __ _ -. . 25 Til lir. Ri�rti:,� Cit I'rl ar::ntt �f 7't �t� nChir, ant'ated tlzat tl�is reque5t ��Pcrnt.c� t.hr.i r f'ra�exnity ho se aat zl•h��R that s L•rom Car� `��'�i �� s�� fn� Univer �5es money to x�,�:h�� , ether commuaity service tY °P Minn�sota »d, lt�c: Cemporary siyn permz� fee f S80�cts. Staff L'C(j117 f'(?S � 32U0 d�p�,�il to ,:nsure the � Waiv Limcl)' fasl�ion. emoval oF sign� nua APPROVED WJ,,�R OF THE TEI�pRAl�y CNI AI.t1MNI f�R CNRISI'MAS xGN PERMIT FEES FQR TH�TA DE f'OS I T TO I NSUI`.E THE REI�qpV� sAL'�S. SUT E2EQUIRE A SIGNS IN A TIM�LY FASHZON�200 ''. AtdA1:1, (:c�N'1'kAC►' 1.•(1�Z z�T • ,. . ., ION 1WD IN-FLOyV STUDY: M�-. I3i,rn;;. Ci ty �;ana9 `J�r�' Q°''"�� «��C i n Se ' S�aL'ed [hat Request for Proposals St.all irile�v,�,wc: p' mbQr, and four responses were received. d' rea fi�•ms and rnco�nmended thah Bonestroo, ieo:;c,n� �3nd Andcr�' .(BR,q) be hired Fot l'his study at a eost oF S44, 5(�U. M�' n��s S� �� lliak the stud would consisC of three Snvrs�..icral' n nr Y . di f f��t•�i�(• 9round waCex clean-u phases; �' �OC•��, i�r�s, examir,atlon p projects aC several ici�„t:�f'�,iti�,�� c�f areas where an zntraEcitC�r me�ers, end `��1'l<�� inPic�w �,i• iiiCilCrativn np(; aCCOUnt�� or b S�ud `��"� '' �+ ��ut�t>1.�:n,et,t,a1 a��propr�ation tor 1996 wi.tl be need d t�� -"�•,�� tl�i:: �•t,rrt . Y Pliases 1 � � .fx; �:.�Y ' � ' �j�•'i ��.�{�'r':'� ' '. .,� • + ' � R''� • 'a � . ' ' �•rF• . •3�;: {�.;s-}:.,•�• � ,;�v :�� . • �'•''.Y `~ • �" 'N' L �' . . � ' \ .�, "�yy �.:�.. " : `�' M�. erS ! • I'!' ( �w� �� .i1� � �if(Rh�. `ii.Y�. �:�.+�� ;v�� :v�r S�r' . :•. :. r,:. . .., n�..;�o . . ; •,: . �• . .•t:�,a�;;y�a "',��;e�F:N !:\:;i.�!'�" �.0 � , . .. '?k:w.\. '•L•' .. . :1 ^ 7t5�.. � 4: K'16 10.08 � ..�, �Z ��;: _ ;�:�;��;, ''� 5'a:' i . . �. , a�:. . . �rt,�� 'i.. �*�;��'� ''.� �� . 'l y.O� ��.� I� . ��_• `�'�� xiy" ��; _ �� . �5 z f , � r� �+.�.�iS�t4 City of Fridley William W. Burns, City Manager � TO: � FROM: John G. Flora, Public Works Director Jon H�ukaas, Assistant Public Works Director DATE: April 12, 1999 PW99-074 SUBJECT: Change Order No. 1 for the Riverview Heights Area Street Improvement Project No. ST. 1999 - 1 The attached Change Order No. l is for the removal and replacement of watermain and appurtenances along Riverview Terrace and 79�' Way from Ely Street to the Apex Station. The cast iron watermain along this section of roadway is currently greater than 10 feet deep due to the levy construction during the 1965 flooding. The City must conract out any repairs as we do not have the necessary equipment to perform repairs at that depth. The new main will be modern ductile iron pipe and will be within the new street alignment at standard depth. The original budget consisted of $2 million for street reconstruction, $120,000.00 for storm sewer upgrades and $90,000.00 for water system upgrades, specifically this area. The net cost of Change Order No. 1 is $78,395.00. The revised contract amount is $2,048,029.75. Recommend the City Council approve Change Order No. l to Park Constxuction for the Riverview Heights Area Street Improvement Project No. ST. 1999 - 1. JHH:JGF/cz Attachment 11.01 Change Order No: 1 Project: Riverview Heights Street improvement Owner: Contractor City of Fridley 6431 University Avenue NE. Fridley, MN 55432 Park Construction CHANGE ORDER City Project No. ST. lggg_1 OSM Project No. 99004.01 Date of Issuance: Aprii 6, 199g Engineer: Orr-Schelen-Mayeron and Associates, inc. You are directed to make the foilowing changes in the Contract Documents: Description: Due to project bids being lower than expected, it was decided that the existing section of Water Main in the vicinity of the intersection of River Vew Terrace and 79th Way should be replaced and relocated to follow the new street afignment. Purpose of Change Order: To provide pay items for those items not in the original bid package. Attachments (list documents supporting change): Cost Extensions CHANGE IN CONTRACT PRICE Original Contract Price: $ 1,969,634.75 Previous Change Orders No. to No. : $ N/A Contract Price Prior to this Change Order: $ 1,969,634.75 Net Increase (Decrease) of this Change Order: $ 78,395.00 Contract Price with all Approved Change Orders: $ 2,048,029.75 Recommended By: �% i:!% Project Manager, OSM Approved By: (City Engineer} CHANGE IN CONTRACT TIME Original Contract Time: October 15,1999 Net Change from Previous Change Orders: N/A Contract Time Prior to this Change Order: October 15, 1999 Net Increase (decrease) of Change Order: N/A Contract Time with Appro�ed Change Orders: October 15, 1999 � APPry �G/ � 7l _ Park Construction Approved By: (City Manager) ,�,� , � i, �� ,��ari � �� i 11.02 Date of Council Action: :i y � 1�- = d Z _ � W � � O � Q W £ � Q j„ _ W tp « m � N = V 11.03 N � ca d INTEROFFICE MEMORAND UM , �� TO: William W. Burns, City Manager � FROM: Chuck McKusick, Fire Chief DATE: March 22, 1999 SUBJECT: Joint Powers Agreement On January 27, 19987, a Joint Powers Agreement was entered by the Cities of Fridley, Columbia Heights, St. Anthony, Coon Rapids and the Spring Lake Park, Blaine, Mounds View Fire Department, Inc. The purpose of the Agreement was to jointly fund and operate emergency hazardous materials response vehicles. The program created under the Agreement has operated successfully. The primary response vehicle, known as "HazMat 1", has reached the end of its life expectancy. That vehicle and a subsequently obtained trailer, were the only specialized hazardous materials response vehicles available to our communities. Since then, we received a contract with the State to operate a new hazardous materials truck and trailer. I have received direction from each of the participating fire chiefs to dissolve subject joint powers agreement. A resolution for our Council's action is attached. Staff recommends approval of the resolution. Dir: HazMat�IiM 1&2�Dissolution I.etter 12.01 INTEROFFICE MEMORANDUM TO: RICK PRIBYL, FINANCE DIRECTOR /� FROM: CHUCK MCKUSICK, FIRE CHIEF SUBJECT: DISPOSITION OF SURPLUS VEHICLE DATE: MARCH 22, 1990 In reference to the attached resolution submitted for Council approval, the vehicle in question (known under the Joint Powers Agreement as "Hazmat 1") is a 1971 Chevrotet step van owned by the City of Fridley. We will transfer that vehicle's title to the Spring Lake Park, Blaine, Mounds View Fire Department, Inc. as part of the dissolution process. The equipment on the vehicle will be assigned to other response vehicles owned or operated by the City of Fridley. We still have a hazardous materials equipment trailer donated to us in 1993; we will respond it to other communities, but pursuant to our Mutual Aid Agreement rather than the Joint Powers Agreement. 12.02 ORDINANCE NO. - 1999 A RESOLUTION FOR DISSOLUTION OF THE "HAZARDOUS MATERIALS RESPONSE VEHICLE" JOINT POWERS AGREEMENT BETWEEN THE CIT'IES OF FRIDLEY, COLUMBIA HEIGHTS, ST. ANTHONY, COON RAPIDS, AND THE SPRING LAKE PARK, BLAINE, MOUNDS VIEW FIRE DEPARTMENT. WHEREAS, the City of Fridley entered a Joint Powers Agreement effective January 27, 1987 with the governing bodies of Coon Rapids, St. Anthony, Columbia Heights and the Spring Lake Park, Blaine, Mounds View Fire Department, for the equipping and operation of a hazardous materials emergency response vehicle; and WHEREAS, the primary response vehicle under the Agreement is no longer needed for the handling of hazardous materials incidents, and further, the vehicle is too old to provide reliable service; and WHEREAS, the parties to the Agreement now have other available services for response to hazardous materials incidents within their fire departments' respective service jurisdictions; and WHEREAS, notice of intended termination of the Agreement has been provided between the parties by letter dated January 4, 1999, and none of the parties object to such ternunation; NOW, THEREFORE, BE IT RESOLVED, that the City of Fridley terminates its participation in the Joint Powers Agreement dated January 27, 1987 with the communities of Coon Rapids, Columbia Heights, St. Anthony, Spring Lake Park, Blaine, and Mounds View for the operation of a hazardous materials emergency response vehicie. PASSED AND ADOPTED BY T'HE CITY COUNCIL OF TI� CITY OF FRIDLEY THIS 12� DAY OF APRIL 1999. ATTEST: By DEBRA A. SKOGEN - CITY CLERK By NANCY J. JORGENSON - MAYOR 12.03 � � CRY OF FRIDLEY CLAIMS APRIL 12, 1999 CLAIMS 86304 - 86639 13.01 � � CRY OF FRIDLEY LICENSES APRIL 12, 1999 Type of License � CIGARETTE Ground Round, The Russell C. Savrann 5277 Central Avenue NE Fridley MN 55432 ENTERTAINMENT Ground Round, The Russell C. Savrann 5277 Central Avenue NE Fridley MN 55432 FOOD Ground Round, The Russell C. Savrann 5277 Central Avenue NE Fridley MN 55432 LAWFUL GAMBLING ENDORSEMENT Approved By: Police Department Fire Department Planning Police Department Fire Department Planning Police Department Fire Department Planning Joe Dimaddio's Sports Bar and Grill George Vespa Police Department 1298 East Moore Lake Drive Fire Department Fridley MN 55432 LOOM Lodge #38 George Gorski Police Department 8289 University Avenue NE Fire Department Fridley MN 55432 Main Event Wendy K. Benincasa Police Departrnent 7820 University Avenue NE Fire Department Fridley MN 55432 Sandee's/Braam Investements Cynthia Braam Police Department 6490 Central Avenue Fire Department Fridley MN 55432 Shorewood Inn, Inc. James Nicklow Police Department 6161 Highway 65 NE Fridley MN 55432 Spikers Grille and Beach Club Patrick Pelstring 7651 Highway 65 NE Fridley MN 55432 14.01 Police DepaRment Fire Department Fees: $ 125.00 $ 85.00 $ 45.00 $ 300.00 $ 300.00 $ 300.00 $ 300.00 $ 300.00 $ 300.00 � ` CRY OF FRIDLEY LICENSES APRIL 12, 1999 LIQUOR/ON-SALE AMF Maple Lanes . Michael P. Bardaro 6310 Highway 65 North Fridley MN 55432 Police Depaztment Fireside Rice Bowl Oliver Yui Yum Tam Police Department 1160 Fireside Drive NE Fridley MN 55432 Ground Round, The Russell C. Savrann 5277 Central Avenue NE Fridley MN 55432 Joe DiMaggio's Sports Baz & Grill George A. Vespa 1298 East Moore Lake Drive Fridley MN 55432 Police Department Police Department Main Event Restaurant & Bar Wendy Kay Benincasa Police Department 7820 University Avenue NE Fridley MN 55432 Sandee's Restaurant Gary L. Braam 6490 Central Avenue NE Fridley MN 55432 Sharx Sport Bar & Night Club Richazd DeFoe 3720 East River Road Fridley MN 55421 Shorewood Restaurant, Inc. James A. Nicklow 6161 Highway 65 NE Fridley MN 55432 Police Department Police Department Police Departrnent $6,200.00 $7,200.00 $8,200.00 $7,200.00 $8,200.00 $6,200.00 $9,200.00 $8,200.00 Spikers Grille and Beach Club Patrick W. Pelstring Police Department $9,200.00 7651 Highway 65 NE Fridley MN 55432 Stuart Anderson's Cattle Company Rest. Patrick J. Kelvie Police Department $8,200.00 5696 University Avenue NE Fridley MN 55432 ,�� 14.02 � � CRY OF FRIDLEY LICENSES APRIL 12, 1999 LIQUOR/ON-SALE CLUB American Legion Post 303 Madeleine G. Saltness Police Department $ 500.00 6349 Van Buren Street NE Fridley MN 55432 Fridley VFW Post 363 Ronnie J. Saba 1040 Osborne Road Fridley MN 55432 Police Department $ 850.00 Knights of Columbus Gerald H. LaFebre Police Department 6831 Highway 65 NE Fridley MN 55432 Loyal Order of Moose Lodge #38 Joe Strzyzewski 5075 Sunnyside Moundsview MN 55112-4833 MANAGERIAL LIQUOR DISPENSING AMF Maple Lanes David J. Langer 6310 Highway 65 North Fridley MN 55432 Police Department $ 850.00 $ 850.00 Police Deparhnent $ 10.00 Fireside Rice Bowl Oliver Yui Yum Tam Police Department $ 10.00 1160 Fireside Drive NE Fridley MN 55432 Ground Round, T'he Timothy W. Behm Police Department $ 10.00 5277 Central Avenue NE Fridley MN 55432 Joe DiMaggio's Sports Bar & George A. Vespa 1298 East Moore Lake Drive Fridley MN 55432 Main Event Restaurant & Bar Kraig S. Karger 7820 University Avenue NE Fridley MN 55432 Sharx Sport Bar & Night Club Richard DeFoe 3720 East River Road Fridley MN 55421 14.03 Police Department $ 10.00 Police Departrnent $ 10.00 Police Department $ 10.00 � � C(tY OF FRIDLEY LICENSES APRIL 12, 1999 MANAGERIAL LIQUOR DISPENSING (CONTINUED) Shorewood Restaurant, Inc. Stella A. Nicklow 6161 Highway 65 NE Fridley MN 55432 Spikers Grille and Beach Club Como Pontliana 7651 Highway 65 NE Fridley MN 55432 OFF-SALE BEER Sam's Club #6310 Ricky Wayne Brazile Police Department 8150 University Avenue NE Fridley MN 55432 Super America #4199 Michael Rasnak 7299 Highway 65 NE Fridley MN 55432 Super America #4175 Michael Rasnak 5667 University Avenue NE Fridley Mn 55432 Super America #4207 Michael Rasnak 7449 East River Road Fridley MN 55432 Police Department $ 10.00 Police Department $ 10.00 ON-SALE BEER Godfather's PizzaNision Restaurants LLC David A. Harper 7910 University Avenue NE Fridley MN 55432 PEDDLER/SOLICITOR T& T Ice Cream Sales Brett Tollifson 618 - 47`" Avenue NE Columbia Heights MN 55421 STREET VENDING Big Bell Ice Cream Abdul R. AI-Zubaidy Police Department $ 50.00 6661 Main Street NE Fire Department Fridley MN 55432 Community Development Police Department $ 60.00 $ 60.00 Police Department $ 60.00 Police Department $ 60.00 Police Department Police Department $ 505.00 $ 60.00 14.04 CITY OF FRIDLEIf LICENSES APRIL 12, 1999 TREE REMOVAL AND TREATMENT Allstate Tree Service Donald Robert Ley 7510 Jackson Street NE Fridley MN 55432 Drobnick's Tree Service John R. Drobnick 311 - 93rd Avenue NE Blaine MN 55434 Miller Tree Service Anthony F. Miller 11375 Lexington Avenue Blaine MN 55419 Northeast Tree and Timber George A. Welles 2527 Jackson Street NE Minneapolis N1N 55418-3625 Public Works Public Works Public Works Public Works Precision Landscape and Tree, Inc. Lawrence Groholski Public Works 2929 Country Drive Hugo MN 55117 Rainbow Tree Co. Thomas C. Prosser 2239 Edgewood Avenue S Minneapolis MN 55426 Reliable Tree Service Peter M. Vagovitch 6600 Brookview Drive Fridley MN 55432 Shorewood Residential Tree Service Dale A. Schwerin 9715 Fenner Avenue SE Delano MN 55328 14.05 Public Works Public Works Public Works $ 40.00 $ 40.00 $ 40.00 $ 40.00 $ 40.00 $ 40.00 $ 40.00 $ 40.00 � ` GTY OF FRIDLEY Frederic W. Knaak, Esq. Holstad and Knaak, P.L.C. 3535 Vadnais Center Drive St. Paul, MN 55110 ESTIMATES APRIL 12, 1999 Services Rendered as City Attorney for the Month of March, 1999 ............................................................. $ 5,129.00 15.01 � � CITY OF FRIDLE7 FRIDLEY CITY COUNCIL MEETING OF APRIL 12, 1999 APPOINTMENTS TO ENVIRONMENTAL QUALITY AND ENERGY COMMISSION Barbara Johns Micheile McCulloch Maher Term Expires April 1, 2001 April 1, 2001 / � q1Y OF FRIDLEY �Villiam W. Burns M E M O R A N D U M City Manager To: The Mayor and Council From: William W. Burns, City Manager Subject: Franchises with Minnegasco and NSP Date: April 9, 1999 During 1998, we held many meetings with John Theis and Harold Bagley of NSP and with AI Swintek of Minnegasco. The purpose of these meetings was to fashion the terms of new franchises with both utilities. While we sometimes disagreed on the issues, we kept at it (and at it, and at it ). Ultimately, we arrived at the documents before you tonight. While the franchises are somewhat different, the components are, for the most part, very similar. I will attempt to outline these components and to highlight any differences befinreen the two franchises. Term — Both franchises provide for a 20-year term. The NSP franchise is new; the Minnegasco franchise is an extension of an existing franchise that was due to expire in the year 2003. Exclusivity— Both franchises are non-exclusive. We could agree to allow other utilities to use Fridley rights-of-way to provide gas and electric to our residents and businesses. Purpose of Franchise — The franchise is a contract with each utility that gives them the right to use our streets for provision of gas or electric service. Location of Facilities — Both franchises say that these services are to be located in public rights-of-way provided they do not interFere with public safety. They may also be located in public grounds with the City's permission. Permits — Both franchises provide that the utility may only disturb our public property by going through a permitting process. If we elect to establish a franchise fee, we may not charge the utilities a permit fee. 16.01 Franchises with Minnegasco and NSP April 9, 1999 Page 2 Requirements for Restoration of City Property — Both franchises require the utility to restore streets and other public land that they disturb to its original condition. If they do not, we have the ability to do it for them and charge them for the work. Provisions for Relocation of Facilities — We can make them move their gas and electric facilities for reasonable public purposes at their cost. If we ask that the same facilities be moved more frequently than once every 5 years, it is at our cost. lndemnification — Both franchises provide that the Company will indemnify the City from liability occasioned by their negligence. Franchise Fees — Both franchises provide that the City may impose a franchise fee that will be collected in lieu of permit fees or other fees that are not generally levied against residents or businesses. A. Method of Assessment - Both franchises prescribe a method of franchise fee assessment. Both franchises allow that residential customers may be assessed a percentage of their monthly bill or, alternatively, a flat meter fee that is the same for each household, regardless of energy usage. The Minnegasco franchise, however, does allow for more flexibility in assessing non-residential customers. In addition to allowing for assessment based on a flat meter fee for various non-residential customer classes, it also allows for a fee based on units of energy delivered to the various classes of non-residential customers. NSP provides no other non-residential option to the flat meter fee. Both franchises are alike in requiring a flat fee for residential customers if, through deregulation, the Company ceases to be the sole supplier of electric or gas to residential customers in Fridley. B. Overall Level ofAssessment— The Minnegasco franchise is silent on this issue. The NSP franchise restricts the level of franchise fee assessment to an amount that is no greater than 4% of the gross revenues for each customer class. 16.02 Franchises with Minnegasco and NSP April 9, 1999 Page 3 C. Protection of Smaller Customers within Non-residential Customer Categories — The Minnegasco franchise is silent on this issue. The NSP franchise contains elaborate language that is designed to protect smaller users within their various customer classes from paying large franchise fees. This protection stems from the nature of the flat fee assessment method for non-residential customers. Since this method forces us to charge the same fee to all customers in a customer category, the lower end users pay a higher percentage of their monthly bill in franchise fees. The NSP franchise requires that the fee may be no higher than 5% of the bill for these low end users. D. Separate Franchise Fee Ordinance — Both franchises provide that the franchise fees may only be enacted by a separate ordinance. E. Collection — Both franchises provide that the companies will collect the franchise fee on a monthly basis and remit it to the City on a quarterly basis. The public hearing for both franchises is scheduled for Monday night. The first reading is scheduled for April 26. The second and final reading is scheduled for May 10. Before leaving this topic, I would like to express my appreciation to John Theis and Harold Bagley from NSP and to AI Swintek from Minnegasco. All of these individuals devoted a lot of time to the negotiating process. Throughout this process they have been available and responsive. On at least one occasion, AI even sprung for donuts (definitely not worth more than the $5 limit on gifts). While no one has gotten everything they wanted, the collaboration has been of high quality and the product, in my opinion, is reasonable. John Flora also deserves credit, as does Fritz Knaak for reviewing countless editions of both franchises. I suspect that both of them had a lot more fun with this reading than I did. 16.03 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, April 12, 1999, at 7:30 p.m. for the purpose of: Consideration of an ordinance of the City of Fridley, Minnesota, amending the City Code to repeal Chapter 404, entitled "Gas Franchise" and adopt a new Chapter 404, entitled ��Gas Franchise". 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 William Burns, City Manager, at 572-3500. Hearing impaired persons planning or other persons with disabilities should contact Roberta Collins at 1999. Publish: March 18, 1999 to attend who need an interpreter who require auxiliary aids 572-3500 no later than April 8, 16.04 ORDINANCE NO. ORDINANCE AMENDING THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA, TO REPEAL CHAPTER 404, ENTITLED "GAS FRANCHISE" AND ADOPT A NEW CHAPTER 404, ENTITLED "GAS FRANCHISE" The City Council of the City of Fridley does ordain as follows: SECTION 1. DEFI1vITIONS. For purposes of this Ordinance, the following capitalized terms shall have the following meanings: 1.1. City. The City of Fridley, County of Anoka, State of Minnesota. 1.2. City Utility System. Facilities used for providing non-energy related public utility service owned or operated by the City or agency thereof, including sewer and water service, but excluding facilities for providing heating or other forms of energy. 1.3. Commission. The Minnesota Public Utilities Commission, or any successor agency or agencies, including an agency of the federal government that preempts all or part of the authority to regulate gas retail rates now vested in the Commission. -1.4. Company. Reliant Energy Minnegasco, a Division of Reliant Energy Resources Corporation, its successors and assigns, including successors to assignees of those portions of the Company that constitute any part of parts of the Gas Facilities subject to this franchise. 1.5. Effective Date. The date on which the ordinance becomes effective under Section 2.2. 1.6. Gas. Natural gas, manufactured gas, mixture of natural gas and manufactured gas or other forms of gas energy. 1.7. Gas Facilities. Gas transmission and distribution pipes, mains, lines, ducts, fixtures, and a11 necessary facilities, equipment and appurtenances owned, operated or otherwise used by the Company for the purpose of providing gas energy for public use. 1.8. Non-Betterment Costs. Costs incurred by the Company from relocation, removal or rearrangement of Gas Facilities that do not result in an improvement to the Facilities. 1.9. Notice. A writing served by a party or parties on another party or parties. Notice to Company must be mailed to: Reliant Energy Minnegasco V.P., Marketing & Customer Services 800 LaSalle Avenue Minneapolis, MN 55402 t 16.05 Notice to City must be mailed to: City Clerk City of Fridley 6431 University Avenue N.E. Fridley, NIN 55432-4383 Either party may change its respective address for the purpose of this Ordinance by written notice to the other party. 1.10. Public Way. Any street, alley or other public right-of-way within the City. 1.11. Public Ground. Land owned or otherwise controlled by the City for parks, open space or similar public purpose. SECTION 2. FRANCHISE. 2.1 Grant of Franchise. The City grants the Company, for a period of [twenty (20) years] from the Effective Date, the right to import, manufacture, transport, distribute and sell Gas for public and private use within and through the limits of the City. This right includes the provision of Gas that is (i) manufactured by the Company or its affiliates and delivered by the Company, (ii) purchased and delivered by the Company or (iii) purchased from another source by the retail customer and delivered by the Company. For these purposes, the Company may construct, operate, repair and maintain Gas Facilities in, on, over, under and across the Public Way and Public Ground subject to the provisions of this ordinance. The Company may do a11 things reasonably necessary or customary to accomplish these purposes, subject to other applicable ordinances, permit requirements and to further provisions of this ordinance. 2.2 Effective Date. This franchise is effective from and after its acceptance by the Company. Written acceptance or rejection of franchise by the Company must be filed with the City Clerk within sixty (60) days after publication of this ordinance. If the Company fails to respond in writing within the above stated time, the franchise will be considered approved by both parties. 2.3 Non-exclusive Franchise. This ordinance does not grant an exclusive franchise. 2.4 Publication Expense. The expense of publication of this ordinance must be paid by the Company. 2.5 Default and Dispute Resolution. If the City or Company asserts that the other party is in default in the performance of any obligation hereunder, the complaining party must notify the other party in writing of the default and the desired remedy. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within thirty (30) days after service of the notice, the parties may jointly select a mediator to facilitate further discussion. The parties will equally shaze the fees and expenses of the mediator. If a mediator is not used or if the parties are unable to resolve the dispute within thirty (30) days after first meeting with the mediator, either party may 2 16.06 commence an action in District Court to interpret and enforce this franchise or for such other relief as may be permitted by law or equity. 2.6 Continuation of Franchise. If this franchise expires and the City and the Company aze unable to agree on the terms of a new franchise, the existing franchise and associated franchise fees imposed on the Company by sepazate ordinance as described in Section 7 of this Ordinance, will remain in effect until a new franchise is agreed upon, or unti190 days after the City or the Company serves written Notice to the other party of their intention to allow the franchise agreement to expire. SECTION 3. CONDITIONS OF USE. 3.1 Location of Facilities. Gas Facilities must be located, constructed, installed and maintained so as not to interfere with the existing City Utility System or the safety and convenience of � ordinary travel along and over Public Ways. Gas Facilities may be located on Public Grounds as determined by the City. The Company's construction, reconstruction, operation, repair, maintenance and location of Gas Facilities is subject to other ordinances and regulation of the City, with the requirements of such being no more restrictive than those applicable to other energy suppliers requiring the use of the Public Way. 3.2 Field Location. Upon request by the City, the company must provide field locations for any of its Gas Facilities within the period of time required by Minnesota State Statute 216D. 3.3 Permit Required. The Company may not open or disturb the surface of any Public Way or Public Ground without first having obtained a permit from the City, if required by a separate ordinance, for which the City may impose a reasonable fee. The permit conditions imposed on the Company may not be more burdensome than those imposed on other utilities for similar facilities or work. The Company may, however open and disturb the surface of any Pubic Way or Public Ground without a permit if (i) an emergency exists requiring the immediate repair of Gas Facilities and (ii) the Company gives notice to the city before, if possible, commencement of the emergency repair. Within two business days after commencing the repair, the Company must apply for any required permits and pay the required fees. 3.4 Restoration. After completing work requiring the opening of a Public Way or Public Ground, the Company must restore the same, including paving and its foundation, to the condition formerly existing and maintain the paved surfaces in good condition for two years thereafter. The work must be completed as promptly as weather permits. If the Company does not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and restore the Public Way or Public Ground, the City may, after demand to the Company to cure and the passage of a reasonable period of time not less than five calendar days following the demand, make the restoration at the expense of the Company. The Company must pay to the City the cost of such work done for or performed by the City, including administrative expense and overhead, plus ten percent of cost and administrative expense. This remedy is in addition to any other remedies available to the City for noncompliance with this section. Given the remedy outlined in this section 3.4 available to the City for noncompliance by the Company, the City hereby waives any requirement for the Company to post a construction performance bond, certificate of insurance, letter of credit or any other form of security or assurance that may be required, under separate existing or future ordinance of the City. 3 16.07 3.5 Company Protection of Gas Facilities in Public Ways. The Company must take reasonable measures to prevent the Gas Facilities from causing damage to persons or property. The Company must take reasonable measures to protect the Gas Facilities from damage that could be inflicted on the Facilities by persons, property or the elements. The Company and the City will comply with all applicable laws and codes when performing work near the Gas Facilities. 3.6 Notice of Improvements. The City must give the Company reasonable notice of plans for improvements to Public Ways or Public Ground. The notice must contain; (i) the nature and character of the improvements, (ii) the Public Ways or Public Grounds upon which the improvements are to be made, (iii) the extent of the improvements, (iv) the time when the City will start the work, and, (v) if more than one Public Way or Public Ground is involved, the order in which the work is to proceed. The notice must be given to the Company a sufficient length of time in advance of the actual commencement of the work to permit the Company to make any necessary additions, alterations, or repairs to its Gas Facilities. If streets are at final width and grade and the City has installed underground sewer and water mains and service connections to the property line abutting the streets prior to a permanent paving or resurfacing of such streets, and the Company's main is located under such street, the City may require the Company to install gas service connections prior to such paving or resurfacing, if it is apparent that gas service will be required during the five years following the paving or resurfacing. SECTION 4. RELOCATIONS. 4.1 Relocation of Gas Facilities in Public Ways. If the City determines by the proper exercise of its police power to vacate a Public Way for a City improvement project, or to grade, regrade or change the alignment of any Public Way, or construct or reconstruct any City Utility System in any Public Way, the City may order the Company to relocate its Gas Facilities at the Company's expense. The City must give the Company sufficient notice of plans to vacate for a City improvement project, or to grade, re-grade, or change the alignment of any Public Way or to construct or reconstruct any City Utility System. If a relocation is ordered within five (5) years of a prior relocation of the same Gas Facilities, which was made at Company expense, the City will reimburse the company on a time and material basis for Non-Betterment Costs. If any subsequent relocation is required because of the extension of a City Utility System to a previously unserved area, the City may require the Company to make the subsequent relocation at the Company's expense. Nothing in this ordinance requires the Company to relocate, remove, replace or reconnect its Facilities at the Company's expense where such relocation, removal, replacement or reconstruction is solely for the convenience of the City and is not reasonably necessary for the construction or reconstruction of a Public Way or City Utility System or other City improvement. The City will not require the removal of abandoned natural gas facilities, unless these facilities are in direct conflict with a Public Way grade change or proposed City Utility System or City improvement. The provisions of this section 4.1 apply only to Gas Facilities constructed in reliance on this franchise and the Company does not waive its rights under an easement in the Public Way. 4.2 Relocation of Gas Facilities in Public Ground. The City may, by the proper exercise of its police power, require the Company to relocate the Gas Facilities within or remove the Gas Facilities from Public Ground, upon a finding by City that the Gas Facilities have become or will become a substantial impairment of the public use or enjoyment to which the Public Ground is or will be put. The relocation or removal will be at the Company's expense. T'he . 1 ' •� provisions of this Section 4.2 apply only to Gas Facilities constructed in reliance on this franchise and the Company does not waive its rights under an easement or prescriptive right in the Public Ground. The City will not require the removal of abandoned natural Gas Facilities in Public Ground, unless these facilities have become or will become a substantial impairment of the public use or enjoyment to which the Public Ground is or will be put. 4.3 Vacation of Public Ways. The City must give the Company at least three-weeks' Notice of the proposed vacation of a Public Way. Except where required for a City street or other improvement project or as otherwise provided in Section 4.1, the Vacation of a Public Way, after the installation of Gas Facilities, does not deprive the Company of its rights to operate and maintain the Gas Facilities until the reasonable cost of relocating the same and the loss and expense resulting from such relocation are first paid to the Company by the City. If the vacation of Public Way does not require the relocation of existing Gas Facilities, the City shall reserve a utility easement to the Company, created by and within the document establishing the vacation, or the City will preserve a right-of-way in the manner permitted by law. 4.4 Projects with Federal Funding. Relocation, removal or rearrangement of any Gas Facilities made necessary because of the extension into or through the City of a federally-aided highway project shall be governed by the provisions of Minnesota Statutes, Section 161.46. SECTION 5. DEFENSE AND INDEMNIFICATION. 5.1 Terms. The Company shall indemnify, keep and hold the City, its elected officials, officers, employees, and agents free and harmless from any and all claims and actions on account of injury or death of persons or damage to property occasioned by the construction, maintenance, repair or removal of Gas Facilities on or across the Public Way and the Public Ground of the City, unless such injury or damage is the result of negligence of the City, its elected officials, employees, officers, or agents. The City shall not be entitled to reimbursement for its costs incurred prior to notification to the Company of claims or actions and a reasonable opportunity for the Company to accept and undertake the defense. 5.2 Litigation. If such a suit is brought against the City under circumstances where the agreement in this Section 5 to indemnify applies, the Company at its sole cost and expense will defend the City in such suit if Notice thereof is promptly given to the Company within a reasonable period. If the Company is required to indemnify and defend, it will thereafter have control of such litigation, but the Company may not settle such litigation without the consent of the City, which consent will not be unreasonably withheld. This section is not as to third parties a waiver of any defense or immunity otherwise available to the City; and the Company, in defending any action on behalf of the City is entitled to assert in any action every defense or immunity that the City could assert in its own behalf. SECTION 6. SUCCESSORS IN INTEREST. 6.1 Successors in Interest. This ordinance and the rights and obligations conferred hereby, is binding on and inures to the benefit of the City and its successors and on the Company and its successors and permitted assigns. 5 16.09 SECTION 7. FRANCHISE FEE. 7.1 Separate Ordinance. During the term of the franchise hereby granted, and in lieu of any permit, licensing, or other fees, charges, or costs imposed on the Company for providing gas service or performing work necessary to provide gas service in the City during the term of this franchise, the City may impose on the Company a franchise fee. In addition to the franchise fee, the Company shall be required to pay only such other fees, charges, costs or ta�ces which are generally required to be paid by other businesses or persons in the city. The franchise fee must be imposed by a separate ordinance adopted by the City Council, which ordinance may not be adopted until at least 60 days after Notice enclosing such proposed ordinance has been served upon the Company by certified mail. A fee imposed under this section does not become effective unti160 days after Notice enclosing the adopted ordinance has been served upon the Company by certified mail. 7.2 Condition of Fee. The separate ordinance imposing the fee shall not be effective against the Company unless it lawfully imposes a fee or tax of the same or greater equivalent amount on the sale andlor delivery of energy within the City by any other energy supplier, provided that, as to such supplier, the City has the authority to require a franchise fee or impose a tax. The Company may petition the City to exempt the franchise fee applicable to customers who (i) physically bypass or (ii) unequivocally document in writing their intention and ability to physically bypass the Company's Gas Facilities for economic reasons, including the existence of a franchise fee. The City shall not unreasonably withhold such exemption in franchise fees for such customers. 7.3 Calculation of Fee. The City may impose the franchise fee: (i) as a combination of percentage of gross revenues received from customers in the Residential Customer Class for its utility operations within the City and as a flat meter fee per customer, for customers in non- residential customer classes, or (ii) as a flat meter fee per customer within the City, or (iii) as a fee based on units of gas delivered to any class of retail customers within the corporate limits of the City. The method of imposing the franchise fee described above: percent of revenue (i), flat fee (ii), or per unit fee (iii), may differ for each customer class. If prior to the expiration of this ordinance, customers in Minnegasco's Residential Customer Class begin to purchase and/or transport gas from companies other than Minnegasco, the City may only impose the flat fee method (ii) or the units of gas method (iii), as a way of collecting fees. If the percentage of gross revenue method (i) has previously been implemented, it must be changed to method (ii) or method (iii). 7.4 Collection of the Fee. The franchise fee will be payable not less often than quarterly and � based on any of the alternative formulas described in Section 7.3 during complete billing months of the period for which payment is to be made. The franchise fee formula may be changed by ordinance from time to time; however, each change must meet the same notice requirements and may not be made more often than annually. The fee may not exceed any amount that the Company may legally charge to its customers, prior to payment to the City, by imposing a surcharge equivalent to such fee in its rates of gas service. The Company may pay the City the fee based upon the surcharge billed, subject to subsequent reductions for uncollectibles or customer refunds. The Company agrees to make available for inspection by the City at reasonable times all records necessary to audit the Company's determination of the franchise fee payments. 6 16.10 SECTION 8. LIMITATION ON APPLICABILITY. 8.1 Limitation on Applicability. This Ordinance constitutes a franchise agreement between the City and the Company. No provision of this franchise inures to the benefit of any third person, including the public at lazge, so as to constitute any such person as a third-party beneficiary of the agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action for any person not a party hereto. SECTION 9. PREVIOUS FRANCHISES SUPERSEDED. 9.1 Previous Franchise Superseded. This franchise supersedes and replaces previous franchises granted to the Company or its predecessors. SECTION 10. AMENDMENTS. 10.1 Amendments. This ordinance may be amended at any time by the City. An amendatory ordinance becomes effective upon the filing of the Company's written consent thereto. SECTION 11. CHANGE IN FORM OF GOVERNMENT. 11.1 Change in Government. Any change in the form of government of the City shall not affect the validity of this Ordinance. Any governmental unit succeeding the City shall, without the consent of Company, succeed to all of the rights and obligations of the City provided in this Ordinance. SECTION 12. SEVERABILITY. 12.1 Severability. If any portion of this franchise is found unenforceable for any reason, the validity of the remaining provisions will not be affected. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF ,1999. ATTEST: DEBRA A. SKOGEN — CITY CLERK Public Hearing: April 12, 1999 First Reading: Second Reading: Publication: NANCY J. JORGENSON - MAYOR 7 16.1 �1 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, April 12, 1999, at 7:30 p.m. for the purpose of: Consideration of an ordinance of the City of Fridley, Minnesota, amending the City Code to include a new Chapter 408, entitled "Electric Franchise". Any and all persons desirinq 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 William Burns, City Manager, at 572-3500. 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 April 8, 1999. Publish: March 18, 1999 1.7.01 ORDINANCE NO. ORDINANCE AMENDING THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA, TO INCLUDE A NEW CHAPTER 408, ENTITLED "ELECTRIC FRANCHISE" The City Council of the City of Fridley does ordain as follows: SECTION 1. DEFII�IITIONS. For purposes of this Ordinance, the following capitalized terms listed in alphabetical order shall have the following meanings: City. The City of Fridley, County of Anoka, State of Minnesota. City Utility System. Facilities used for providing non-energy related public utility service owned or operated by City or agency thereof, including sewer and water service, but excluding facilities for providing heating, lighting or other forms of energy. Commission. The Minnesota Public Utilities Commission, or any successor agency or agencies, . including an agency of the federal government which preempts all or part of the authority to regulate electric retail rates now vested in the Minnesota Public Utilities Commission. Company. Northern States Power Company, a Minnesota corporation, its successors and assigns. Electric Facilities. Electric transmission and distribution towers, poles, lines, guys, anchors, conduits, fixtures, and necessary appurtenances owned or operated by Company for the purpose of providing electric energy for public use. Non-Betterment Costs. Costs incurred by Company from relocation, removal or rearrangement of Electric Facilities that do not result in an improvement to the Electric Facilities. Notice. A writing served by any party or parties on any other party or parties. Notice to Company shall be mailed to the General Counsel, Law Department, 414 Nicollet Mall, Minneapolis, MN 55401. Notice to the City sha11 be mailed to the City Clerk, 6431 University Avenue N.E., Fridley, MN 55432-4383. Either party may change its respective address for the purpose of this Ordinance by written notice to the other party. Public Ground. Land owned by the City for pazk, open space or similar purpose, which is held for use in common by the public. . Public Way. Any street, a11ey, walkway or other public right-of-way within the City. 1 17.02 SECTION 2. ADOPTION OF FRANCHISE. 2.1 Grant of Franchise: City hereby grants Company, for a period of 20 years, the right to transmit and furnish electric energy for light, heat, power and other purposes for public and private use within and through the limits of the City as its boundaries now exist or as they may be extended in the future. For these purposes, Company may construct, operate, repair and maintain Electric Facilities in, on, over, under and across the Public Ways and Public Grounds of City, subject to the provisions of this Ordinance.- Company may do all reasonable things necessary or customary to accomplish these purposes, subject, however, to such reasonable regulations as may be imposed by the City pursuant to ordinance and to the further provisions of this franchise agreement. 2.2 Effective Date; Written Acceptance. This franchise shall be in force and effect from and after its passage and its acceptance by Company, and its publication as required by law. An acceptance by Company must be filed with the City Clerk within 90 days after publication. 2.3 Service, Rates and Area. The service to be provided and the rates to be charged by Company for electric service in City are subject to the jurisdiction of the Commission. The area within the City in which Company may provide electric service is subject to the provisions of Minnesota Statutes, Section 216B.40. 2.4 Publication Expense. The expense of publication of this Ordinance shall be paid by Company. 2.5 Dispute Resolution. If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The notification sha11 be written. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within 30 days of the written notice, the parties may jointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator is not used or if the parties are unable to resolve the dispute within 30 days after first meeting with the selected mediator, either party may commence an action in District Court to interpret and enforce this franchise or for such other relief as may be permitted by law or equity for breach of contract, or either party may take any other action permitted by law. SECTION 3. LOCATION, OTHER REGULATIONS. 3.1 Location of Facilities. Electric Facilities sha11 be located, constructed and maintained so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways and so as not to disrupt normal operation of any City Utility System previously installed therein. Electric Facilities may be located on Public Grounds as determined by the City. Company's construction, reconstruction, operation, repair, maintenance and location of Electric Facilities shall be subject to other reasonable regulations of the City to the extent not inconsistent with the terms of this franchise agreement. 2 17.03 3.2 Field Locations. Company sha11 provide field locations for its underground Electric Facilities within City consistent with the requirements of Minnesota Statutes, Chapter 216D. 3.3 Permits Required. Company shall not open or disturb the surface of any Public Way or Public Ground for any purpose without first having obtained a permit from the City, if required by a separate ordinance, for which the City may impose a reasonable fee. Pernut conditions imposed on Company shall not be more burdensome than those imposed on other utilities for similar facilities or work. Company may, however, open and disturb the surface of any Public Way or Public Ground without permission from the City where an emergency exists requiring the immediate repair of Electric Facilities. In such event Company shall notify the City by telephone to the office designated by the City as soon as practicable. Not later than the second working day thereafter, Company shall obtain any required permits and pay any required fees. 3.4 Restoration. After undertaking any work requiring the opening of any Public Way or Public Ground, Company shall restore the same, including paving and its foundation, to as good a condition as formerly existed, and shall maintain any paved surface in good condition for two years thereafter. The work shall be completed as promptly as weather permits, and if Company shall not promptly perform and complete the work, remove a11 dirt, rubbish, equipment and material, and put the Public Way or Public Ground in the said condition, the City sha11 have, after demand to Company to cure and the passage of a reasonable period of time following the demand, but not to exceed five days, the right to make the restoration at the expense of Company. Company shall pay to the City the cost of such work done for or performed by the City. This remedy shall be in addition to any other remedy available to the City for noncompliance with this Section 3.4, but the City hereby waives any requirement for Company to post a construction performance bond, certificate of insurance, letter of credit or any other form of security or assurance that may be required, under a separate existing or future ordinance of the City, of a person or entity obtaining the City's permission to install, replace or maintain facilities in a Public Way. 3.5 Shared Use of Poles. Company shall make space available on its poles or towers for City fire, water utility, police or other City facilities whenever such use will not interfere with the use of such poles or towers by Company, by another electric utility, by a telephone utility, or by any cable television company or other form of communication company. In addition, the City shall pay for any added cost incurred by Company because of such use by City. 3.6 Avoid Damage to Electric Facilities. Nothing in this Ordinance relieves any person from liability arising out of the failure to exercise reasonable care to avoid damaging Electric Facilities while performing any activity. 3.7 Notice of Improvements. The City must give Company reasonable notice of plans for improvements to Public Ways or Public Ground where the City has reason to believe that Electric Facilities may affect or be affected by the improvement. The notice must contain: (i) the nature and character of the improvements, (ii) the Public Ways and Public Crrounds 3 17.04 upon which the improvements are to be made, (iii) the extent of the improvements, (iv) the time when the City will start the work, and (v) if more than one Public Way or Public Ground is involved, the order in which the work is to proceed. The notice must be given to Company a sufficient length of time in advance of the actual commencement of the work to permit Company to make any necessary additions, alterations or repairs to its Electric Facilities. SECTION 4. RELOCATIONS. 4.1 Relocation of Electric Facilities in Public Ways. Except as provided in Section 4.3, if the City determines to vacate a Public Way for a City improvement project, or at City's cost to grade, regrade, or change the line of any Public Way, or construct or reconstruct any City Utility System in any Public Way, it may order Company to relocate its Electric Facilities located therein if relocation is reasonably necessary to accomplish the City's proposed public improvement. Company shall relocate its Electric Facilities at its own expense. The City shall give Company reasonable notice of plans to vacate for a City improvement project, or to grade, regrade, or change the line of any Public Way or to construct or reconstruct any City Utility System. If a relocation is ordered within five years of a prior relocation of the same Electric Facilities, which was made at Company expense, the City sha11 reimburse Company for Non-Betterment Costs on a time and material basis, provided that if a subsequent relocation is required because of the extension of a City Utility System to a previously unserved area, Company may be required to make the subsequent relocation at its expense. Nothing in this Ordinance requires Company to relocate, remove, replace or reconstruct at its own expense its Electric Facilities where such relocation, removal, replacement or reconstruction is solely for the convenience of the City and is not reasonably necessary for the construction or reconstruction of a Public Way or City Utility System or other City improvement. 4.2 Relocation of Electric Facilities in Public Ground. Except as may be provided in Section 4.3, City may require Company at Company's expense to relocate or remove its Electric Facilities from Public Ground upon a finding by City that the Electric Facilities have become or will become a substantial impairment to the existing or proposed public use of the Public Ground. 4.3 Projects with Federal Funding. Relocation, removal, or rearrangement of any Company Electric Facilities made necessary because of the extension into or through City of a federally-aided highway project sha11 be govemed by the provisions of Minnesota Statutes Section 161.46 as supplemented or amended. It is understood that the right herein granted to Company is a valuable right. City shall not order Company to remove or relocate its Electric Facilities when a Public Way is vacated, improved or realigned because of a renewal or a redevelopment plan which is financially subsidized in whole or in part by the Federal Govemment or any agency thereof, unless the reasonable Non-Betterment Costs of such relocation and the loss and expense resulting therefrom are first paid to Company, but the City need not pay those portions of such for which reimbursement to it is not available. 4 17.05 4.4 No Waiver. The provisions of Section 4 apply only to Electric Facilities conshucted in reliance on a franchise and Company does not waive its rights under an easement or prescriptive right, or State or County permit. SECTION 5. TREE TRIMMING. Company may trim all trees and shrubs in the Public Ways and Public Grounds of City interfering with the proper construction, operation, repair and maintenance of any Electric Facilities installed hereunder, provided that Company shall save the City hannless from any liability arising therefrom, and subject to permit or other reasonable regulation by the City. SECTION 6. INDENINIFICATION. 6.1 Indemnity of City. Company shall indemnify, keep and hold the City free and hazrriless from any and all liability on account of injury to persons or damage to property occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the operation of the Electric Facilities located in the Public Ways and Public Grounds. The City shall not be indemnified for losses or claims occasioned through its own negligence except for losses or claims arising out of or alleging the City's negligence as to the issuance of permits for, or inspection of, Company's plans or work. The City shall not be indemnified if the injury or damage results from the performance in a proper manner of acts reasonably deemed hazardous by Company, and such performance is nevertheless ordered or directed by City after notice of Company's determination. 6.2 Defense of City. In the event a suit is brought against the City under circumstances where this agreement to indemnify applies, Company at its sole cost and expense shall defend the City in such suit if written notice thereof is promptly given to Company within a period wherein Company is not prejudiced by lack of such notice. If Company is required to indemnify and defend, it will thereafter have control of such litigation, but Company may not settle such litigation without the consent of the City, which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the City; and Company, in defending any action on behalf of the City shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf. SECTION 7. VACATION OF PUBLIC WAYS. The City shall give Company at least two weeks prior written notice of a proposed vacation of a Public Way. Except where required for a City improvement project, the vacation of any Public Way, after the installation of Electric Facilities, shall not operate to deprive Company of its rights to operate and maintain such Electric Facilities, until the reasonable cost of relocating the same and the loss and expense resulting from such relocation are first paid to Company. In no case, however, sha11 City be liable to Company for failure to specifically preserve a right-of-way under Minnesota Statutes, Section 160.29. 5 17.06 SECTION 8. CHANGE IN FORM OF GOVERNMENT. Any change in the form of government of the City shall not afFect the validity of this Ordinance. Any governmental unit succeeding the City sha11, without the consent of Company, succeed to all of the rights and obligations of the City provided in this Ordinance. SECTION 9. FRANCHISE FEE. 9.1 Fee Schedule. During the term of the franchise hereby granted, and in lieu of any pernut or other fees being imposed on Company, the City may impose on Company a franchise fee not to exceed an amount determined by collecting the amounts indicated in a Fee Schedule set forth in a separate ordinance, as a percentage of Gross Revenues from the Public Street & Highway Lighting Class, as a percentage of Gross Revenues or a monthly meter charge from the Residential Class, or as a monthly meter charge from any other Customer Classification, from each customer in the designated Company Customer Classification for electric service at each and every customer location within the City based on a Fee Schedule form similaz to the following: Customer Classification Residential Small C& I and Municipal With No Demand Chazge Small C& I and Municipal With Demand Charge Large C& I- Secondary Voltage Lazge C& I- Primary Voltage & Above Public Street & Highway Lighting Amount per Month The franchise fee amount collected from each and every customer location in a Customer Classification shall be determined so that the total franchise fee amount collected annually from all customers in such Customer Classification does not exceed what is estimated by Company to be four percent of the total annual Gross Revenues from such Customer Classification. The franchise fee imposed on all customers within a non-residential Customer Classification shall not exceed an amount which is estimated by Company to be five percent of the average annual bill collected from customers in the Sma11 Customer Group in such Customer Classification. The Small Customer Group for each non- residential Customer Classification with more than 50 customers shall constitute 25 percent of the actual customers within the City in such Customer Classification which aze estimated by Company to be the customers from which Company collects its lowest annual revenues within such Customer Classification. The Small Customer Group for each non-residential Customer Classification with 50 or fewer customers shall constitute ten percent of the actual customers within the City in such Customer Classification which are estimated by Company to be the customers from which Company collects its lowest annual revenues within such Customer Classification.. Company shall within 60 days of City's request provide City with revenue estimates setting forth the revenues from the Sma11 Customer group for planning a Fee Schedule. 6 17.07 9.2 Separate Ordinance. The franchise fee shall be imposed by a separate ordinance duly adopted by the City Council, which ordinance shall not be adopted until at least 60 da.ys after written notice enclosing such proposed ordinance has been served upon Company by certified mail. The fee shall not become effective until at least 60 days after written notice enclosing such adopted ordinance has been served upon Company by certified mail. Section 2.5 sha11 constitute the sole remedy for solving disputes between Company and the City in regard to the interpretation of, or enforcement of, the separate ordinance. No action by the City to implement a separate ordinance will commence until this Ordinance is effective. A separate ordinance which imposes a lesser franchise fee on the Residential Class than the franchise fee imposed on any other Customer Classification, measured as a percentage of estimated total annual Gross Revenues from all customers in each such class, sha11 not be effective against Company. The payment of a franchise fee as provided by this Section 9.2 does not relieve Company from paying fees to City unrelated to the installation, ownership or operation of Electric Facilities, such as building pernut fees. 9.3 Terms Defined. For the purpose of this Section 9, the following definitions apply: 9.3.1 "Customer Classification" refers to the classes listed on the Fee Schedule and as defined or determined in Company's electric tariffs on file with the Commission. 9.3.2 "Fee Schedule" refers to the schedule in Section 9.1 setting forth an amount per month for various customer classes. 9.33 "Gross Revenues" for each Customer Classification means all sums received from Company billings for the sale or delivery of electricity to its retail customers within the corporate limits of the city within a Customer Classification, excluding any surcharge, sales tax, miscellaneous tariff charges or any similar addition to Company's charges to customers for the purpose of reimbursing Company for the franchise fee, sales tax, or similar charge. 9.4 Collection of the Fee. The franchise fee shall be payable quarterly and shall be based on the amount collected by Company during complete billing months during the period for which payment is to be made by imposing a surcharge equal to the designated franchise fee for the applicable Customer Classification in all customer billings for electric service in each class. The payment shall be due the last business day of the month following the period for which the payment is made. The franchise fee may be changed by ordinance from time to time; however, each change shall meet the same notice requirements and not occur more often than annually and no change shall require a collection from any customer for electric service in excess of the amounts specifically permitted by this Section 9. The time and manner of collecting the franchise fee is subject to the approval of the Commission. No franchise fee shall be payable by Company if Company is legally unable to first collect an amount equal to the franchise fee from its customers in each applicable class of customers by imposing a surcharge in Company's applicable rate for electric service. Company may pay the City the fee based upon the surcharge billed subject to subsequent reductions to account for uncollectibles, refunds and correction of erroneous billings. Company agrees to make its records available for inspection by the City at reasonable times provided that the 7 17.08 City and its designated representative agree in writing not to disclose any information which would indicate the amount paid by any identifiable customer or customers or any other information regazding identified customers. 9.5 Conditions on the Fee. The separate ordinance imposing the fee shall not be effective against Company unless the separate ordinance lawfully imposes and the City quarterly or more often collects a fee or tax of the same or greater equivalent amount on the receipts from sales of energy within the City from every other energy supplier, provided that, as to such a supplier, the City has the authority to require a franchise fee or to impose a tax. The "same or greater equivalent amount" shall be measured, if practicable, by comparing amounts collected as a franchise fee from each similar customer, or by comparing, as to similar customers, the percentage of the annual bill represented by the amount collected for the franchise fee purposes. The franchise fee or tax shall be applicable to energy sales for any energy use related to heating, cooling, or lighting, as well as to the supply of energy needed to run machinery and appliances on premises located within or adjacent to the City, but shall not apply to energy sales for the purpose of providing fuel for vehicles. 9.6 Exclusive Electric Service. Company is currently the exclusive provider of retail electric service to its customers within the City in accordance with Minnesota Statutes, Section 216B37 et seq. If Company is no longer the sole supplier of electric energy for any class of customers from which it is collecting a franchise fee based on a percentage of Gross Revenues, Company's obligation to collect and pay a franchise fee on such retail electric service shall ternunate upon 20 days Notice to City. Company will agree at City's .request to amend this franchise agreement to collect a monthly meter charge from such a class of customers which will result in the collection of approximately the same total franchise fee amount for the class as was being collected by applying the percentage fee. SECTION 10. PROVISIONS OF ORDINANCE. 10.1 Severability. Every section, provision, or part of this Ordinance is declazed separate from every other section, provision, or part; and if any section, provision, or part shall be held invalid, it shall not affect any other section, provision, or part. Where a provision of any other City ordinance conflicts with the provisions of this Ordinance, the provisions of this Ordinance shall prevail. 10.2 Limitation on Applicability. This Ordinance constitutes a franchise agreement between the City and Company as the only parties and no provision of this franchise shall in any way inure to the benefit of any third person (including the pub�ic at large) so as to constitute any such person as a third party beneficiary of the agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto. 17.09 SECTION 11. AMENDMENT PROCEDURE. Either party to this franchise agreement may at any time propose that the agreement be amended to address a subject of concern and the other party will consider whether it agrees that the amendment is mutually appropriate. If an amendment is agreed upon, this Ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions of the amendment, which amendatory ordinance sha11 become effective upon the filing of Company's written consent thereto with the City Clerk within 90 days after the effective date of the amendatory ordinance. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF ,1999. ATTEST: DEBRA A. SKOGEN — CITY CLERK Public Hearing: April 12, 1999 First Reading: Second Reading: Publication: NANCY J. JORGENSON - MAYOR 9 17.10 `•.:`f:':a:>;:> ::><::< 4R/99 Community Development ��..::��.v.�.��:�.N Memorandum o�: ani� ,� / To: William W. Burns, City Manager � � �� From: Barbara Dacy, Community Developu�ent Director RE: Final AUAR and Mitigation Plan, Medtronic Inc. Corporate Campus REOUESTED ACTION Alternative Uifian Areawide Review and Mitigation Plan for the Medtronic Inc. corpoiate ipus is presented for City Council adoption The Final AUAR and Ivfitigation Plan included in the Council's packet �:;:��tive Urban Areawide Review (AUAR) prooess is an alternative form of emironmental ��:;:';`�te Council authorized the initiation of the AUAR rocess in October 1998 for the P I�t�itii��inc. corporate office campus. The City is the Responsible Goveramental Unit (RGin to �'tt��the process and is ultimately responsible for adoption of the Final AUAR and Mitigati� �?`l�:��'According to Minnesota Environmental Quality Board (EQB) iules, a Mitigation Plan most be jiricluded in the Final AUAR that identifies the issues that may have potential environmental impacts. The Mitigation Plan must also include the mirigation measures tbat are proposed to avoid or mitigtte potential environmental impacts. PROCESS Medtronic's consultam, SRF Consulting Group, Inc., prepared the AUAR draft. Pri� W distn'bution of the draft, several meetings occ�rred betwcen the Medtronic team and staff and the City's cons�iltants. The Housing and Redevelopment Authority authorized staff to hire Linda Fisher, of Larkin, Hoffi�an, Daly, 8t Lindgren, to act as the City's emironmemal legal counsel. The Authority also retained Jim Benshoof of Benshoof and Associates to review the traff c anatysis performed by SRF, and David Braslaq of David Braslau Associates, Inc., to review the noise and air quality analysis. The draft AUAR was distnbuted on January 11, 1999 to the list of agencies and h'braries as raq�rired by the Minnesota EQB. A press release was issued to the Fridley Focns, and a legal ad and a general advertisement was published notifying the general public about the diaft AUAR document The 30- day comment period concluded on Febniary 10, 1999. A neighborhood informational meeting was also held on Thursday, February 4, 1999, wtrich was videotaped and re-broadcast on Channe135. 18.01 an�s 4R/99 The draft AUAR was reviewed by the Emironmental Quality Commission an January 19,1999 and the Planning Commission on Februaty 3, 1999. There was general ooncern about water quality impacts to Moore Lake, and the impact from additional lanes on Highway 65. Rice Creek Watershed District appraval is required for development on the east half of the site, and to date, Medtronic has been able to meet those requirements (a permit application is pending at Rice Creek). In addition, it has been determined that a sheet pile wall can be constractted in certain areas along the causeway which would not require placing fill below the ordinary lrigh water elevation; h�wever, additional borings must be completed in certain areas to verify this determination Responses to the Commissions' comments are described in detail in Appendix F of the Final AUAR. RESPONSES TO DRAFT COMMENTS AND PREPARATION OF FINAL AUAR AND MITIGATION PLAN Several agencies submitted comments, but there were no adverse commenis or negative objections raised. After reviewing these comments plus We comments received from the public and the city advisory commissions, the Final AUAR and lvfidgation Plan was prepared a� distributed on March 22, 1999. To follow is a synopsis of the issues that were addressed in the Final document as opposed to the initial draft: • Item 6, page 3 was amended to reflect the Master Plan presented by Medtronic Inc. While 1,600,000 square feet remained as the maximum amou� of development, Medtronic refined its Master Plan as 1,350,000 square feet of office/research, 50,000 square feet of education, and 200,000 square feet of light industrial. The ori�nal mixture included Sq000 square feet of motel and restaurant use, and 100,000 square feet of light industrial. • Item 22, page 30 describes the trip generation comparisons between the original draft AUAR development scenario and the Master Plan proposed scenario. The analysis shows the Master Plan concept generating slightly less than the original scenario. An office trip generation rate was used for the light industrial square footage since it represents the worst case conditions in case the company decided to create additional office space. • Item 23, page 39 shows the air quality analysis for the 57'� Avenue and University Avenue intersection in the year 2010. This was added to determine if there would be air quality exceedances at this intersecdon alone by the year 2010 without a proposed free right turn lane. If there were exceedances, the Minnesota Pollution Control Agency would have required the City to complete the improvements in the Indirect Source Permit. It was determined that the carbon mono�cide levels will be faz below state standards even without constiuction of proposed rigM turn lane. As a result, the mitigation plan srtates that the City will evaluate the traff c capacity of tlus intersection by 2010, and determine if the free right tum lane is necessary. • Item 24, page 40, describes the air quality impacts from the Central Plant facility. The Cential Plant consolidates the heating and cooling faciliries in one building. Natural gas will be the primary fuel source with fuel oil or LP gas as back-up sources. Emissions from natural g�s powered heating units consist of primarily carbon dioxide, carbon monoxide and water. The only "visible" emissions would be condensadon of water vapor from the boiler stacks on cold winter days. A stationary source air quality permit must be obtained from the MPCA. • Item 25, page 44, describes the noise impacts from the cooling towers in the Cemral Plant. Specific mitigdtion measures' are required in the mitigntion plan which require Medtronic to install a noise barrier at the top of the Central Plant to comply with state noise standards. These requirements are also stipulations in the Master Plan approval process. • Appendix A, containing the maps for the site, was u�dated to reflect the proposed Master Plan and the new study area boundary which includes the single family hames to the north of the site. 18.02 �.l1��7 4R/99 The Minnesota Department of Transportation sent a oomment letter, but it was received after the public�tion of the Final AUAR and Mirigation Plan. It is suggested that the Council make a motion W receive it and enter it i�o the record. MTTIGATION PLAN The last section in the document in the Mitigation Plan. State rules require Wai the Mirigation Plan idenrify the potential environmental impacts and mitigation measures wlrich will be imposed on the development in order to avoid or reduce environmental impacts. Funding sources must aLso be identified. The Plan identifies six potential emironmental impacts and ide�ifies mitigation measu�+es for each impact: 1) Traffic Page 5 of the Mitigatiop Plan identifies the traff c impro�vements that have oommitted funding sources. They are: • The City will responsible for completing the striping improvements on 57'� Avenue and 7'� Street Medtronic is responsible for funding the reali8nment of Bridgewater Parkway through the site. The MPCA will require the City to submit a resolution or appropriate dacument indicating that the City will complete the striping improvements, and will also require the same of Medtronic as pert of the MPCA's Indirect Source Permi� This requirement is proposed because the traffic analysis indicated that these improvements would be completed during project development and are part of the reason why the air quality results are below state standards. The striping improvements need to be completed by 2010 and the new parkway must be completed by 2005 (the years that the air qnality results were projected). Staff will be processing a resolution for Council approval in the near future regarding We striping improvements. City staff is evaluating completing these improvements in the near future in order to "train" the tiaffic flow early on in the development. The redevelopment conttact with Medtronic will be the company's commitment to completing Bridgewater Parkway. The additional lanes on Highway 65 and the free right tum on 57'� Avenue and University are not required miti�tive projects, but the City should be making every effort to identify appropriate funding sources. 2) Surface Water This section requires Medtronic to construct the appropriate storm water ponds in compliance with all local, regional, state and national permit requirements. . 3) Wastewater Prior to construction of Phase II, an additional sewer line nceds to be constructed or the existing line in 57`� Avenue west of the project needs to be replaced with a larger line. The party responsible for funding the improvement is still being determined. Possible funding sources would include cax incremeni financing, city capital improvement funds, or developer contribution. This issue will be finalized with negotiadon of the development agreements. 4) Air Qoality Medtronic will responsible for obtaining a stationary source permit for the Cential Plant facility. A draft Indirect Souice Permit has been issued subject to completion of a 30-day 18.03 an�ss public comment period. The City must also submit a resolution committing to th� �iriping improvements and svbmit a"copy of the redevelapment contiact regazding the co�uction of the realigaed parkway prior to issuance of the final Indirect Source Permit 5) Noise Construction noise will be limited to the daytime hours in accordance with City ordinances (7 AM to 9 PM, Monday through Friday, and 9 AM to 9 PM on Saturdays). Noise from �c generated on the site will be miti� by a Transportation Demand Managemern Plan that is required to be submitted by the construction of Phase II. Several stip�ilations are suggested regarding the noise attenuation from the cooling towers in the Central Plant facility. These stipulations require construction of a noise wall on top of the plant to insure that noise levels are below state noise standards. The stipulations have been recommended as part of the Master Plan approval. Medtronic is required to complete and/or conform to these requirements. 6) Trails Medtronic is required to reconstruct the bikeway/walkway along the north side of the parkway. STAFF RECOMMENDATION Staff recommends the Council approve the resolution as presented adopting the Final AUAR and Midgation Plan for the Fridley Lake Pointe Center for Medtronic Inc. BD/bd 4/7/99 18.04 RESOLUTION NO. - 1999 A RESOLUTION ADOPTING A FINAL ALTERNATIVE URBAN AREA- WIDE REVIEW ENVIRONMENTAL ANALYSIS DOCUMENT AND MITIGATION PLAN E'OR T8E MEDTRONIC INC. CAMPUS (FRIDLEY LARE POINTE CENTER)AT TFiE NORTAWEST CORNER I-694 AND BIGHWAY 65. WHEREAS, on October 19th, 1998, the City Council approved Resolution #68-1998, authorizing that an Alternative Urban Areawide Review ("AUAR") be initiated and completed for the Fridley Lake Pointe Center study area; and WHEREAS, on January 11, 1999, the City of Fridley prepared and distributed a draft AUAR environmental analysis document on Fridley Lake Pointe Center in accordance with Minnesota Environmental Quality Board Environmental Review Program procedures; and WHEREAS, on February 4, 1999, the City of Fridley held a public informational meeting to obtain public comments on the draft AUAR environmental analysis document; and WHEREAS, the 30-day public review and comment period on the draft AUAR environmental analysis document ended on February 10, 1999; and WHEREAS, on February 12, 1999, Medtronic, Inc. submitted a master plan for development of Fridley Lake Pointe Center to the City of Fridley; and WHEREAS, on March 1, 1999, the City Council adopted Resolution #22- 1999 amending Resolution #68-1998, to include additional land to the north of the original Fridley Lake Pointe Center area as shown on the attached Exhibit A; and WHEREAS, the City of Fridley revised the draft AUAR environmental analysis document based on the February 12, 1999, master plan submittal and the comments received during the comment period on the draft AUAR environmental analysis document; and WHEREAS, the revised AUAR environmental analysis document includes a plan for mitigation specifying the mitigation measures that will be imposed upon further development within the study area in order to avoid or mitigate potential environmental impacts; and WHEREAS, on March 22, 1999, the City of Fridley distributed the final AUAR environmental analysis document and mitigation plan for Fridley Lake Pointe Center in accordance with Minnesota Environmental Quality Board Environmental Review Program procedures; and WHEREAS, no objections to the final AUAR environmental analysis document and mitigation plan were filed with the City of Fridley within the time limit prescribed by state law. 18.05 NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley, Minnesota, that the final AUAR environmental analysis document and mitigation plan for the Medtronic, Inc. Campus (Fridley Lake Pointe Center) is hereby adopted and is referred to as Exhibit B. BE IT FURTHER RESOLVED, by PASSED AND ADOPTED BY THE 12TH DAY OF APRIL, 1999. ATTEST: the City Council that the City of Fridley CITY COUNCIL OF THE CITY OF FRIDLEY THIS DEBRA A. SKOGEN - CITY CLERK �: 1 • NANCY J. JORGENSON - MAYOR ��NNeaor, o y � s � eg �r or �►.+a Minnesota Department of Transportation Metropolitan Division Waters Edge 1500 West County Road B2 Rosevilie, MN 55113 March 25, 1999 Barbara Dacy City of Fridley 6431 University Avenue Northeast Fridley, MN 55432 Dear Barbara Dacy: SUBJECT: FINAL AUAR Fridley Lake Pointe Center Mn/DOT Environmental Review AUAR99-001 Northwest Quadrant of Trunk Highway (TH) 694 and TH 65 Fridley, Anoka County C.S. 0285 The Metro Division of the Minnesota Department of Transportation (Mn/DOT) has received the Final AUAR for the Fridley Lake Pointe Center. We request that the Final AUAR include our comments outlined in our March 16, 19991etter in Appendix E of the document. We apologize for this inconvenience. Sincerely, Scott Peters Senior Transportation Planner/Local Government Liaison enclosure: Letter of March 16, 1999 c: Gerald Larson, Mn/DOT Environmental Services Minnesota Environmental Quality Boazd An equal opportunity employer 18.07 ��qNESpT, o y � � �r of �� Minnesota Department of Transportation Metropolitan Division Waters Edge 1500 West County Road B2 Roseville, MN 55113 March 16, 1999 Barbara Dacy City of Fridley 6431 University Avenue Northeast Fridley, MN 55432 Dear Bazbara Dacy: SUBJECT: Fridlev Lake Pointe Center Mn/DOT Environmental Review AUAR99-001 Northwest Quadrant of Trunk Highway (TH) 694 and TH 65 Fridley, Anoka County C.S. 0285 The Metro Division of the Minnesota Department of Transportation (Mn/DOT) has reviewed the Fridley Lake Pointe Center Alternative Urban Areawide Review (AUAR) for impacts to the state highway system. We apologize for the lengthy delay in responding to this submittal and find the AUAR acceptable with consideration of the following comments. The proposed development must maintain all current drainage patterns and rates. We will require a Mn/DOT storm water drainage permit if the proposed development is to connect to Mn/DOT's storm sewer system in the future. We request the opportunity to review plans of greater detail when prepared. We have many other concerns that we cannot adequately address until review of these plans. We will address additional permit requirements then. Based on past discussions, we strongly encourage the city and project proposer to continue to work with us in identifying interim solutions and a long range vision for TH 65 improvements. The City of Fridley was identified as the lead agency in funding these improvements. An equal opportunity employer 18.08 Barbara Dacy March 16, 1999 page two This letter represents the transportation concems of 1VIn/DOT Metro Division. Other environmental concerns raised by a wider Mn/DOT review may be forwazded to you in a separate letter. Please contact me at 651-582-1654 with any questions regarding this review. Sincerely, Scott Peters Senior Transportation Planner/Local Government Liaison c: Gerald Larson, Mn/DOT Environmental Services 18.09 � � FRIDLEY CITY COUNCIL MEETING OF �oF APRIL 12, 1999 FRIDLEY INFORMAL STATUS REPORTS 19.01