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04/10/2000 - 4681r - OFFICIAL CITY CITY COUNCIL AGENDA CITY COUNCIL MEETING APRIL 10, 2000 . , �� M • . � . . CITY COUNCIL MEETING OF APRIL 10, 2000 CfT'Y 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 REV/EW MEET/NG 2000 Board of Review. CITY COUNCIL MEET/NG PROCLAMATION: Days of Remembrance of the Victims of the Holocaust: April 30 — May 7, 2000 APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of March 20, 2000 r FRIDLEY CITY COUNCIL MEETING OF APRIL 10, 2000 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS: 1. Second Reading of an Ordinance Amending Sections 205.13, 205.14, 205.15, and � 205.16 of the Fridley City Code Pertaining to Accessory Uses, and Section 11.10 y Pertaining to Fees (Zoning Text Amendment ZTA #99-02, by the City of Fridley) — ............................................... 1 Approve Official Title and Summary Ordinance - ............................ 11 NEW BUSINESS: 2. Receive the Minutes of the Planning Commission Meeting of March 15, 2000 ........................................................... 14 - 24 3. Special Use Permit, SP #00-02, by Gary and Sally Bannochie, to Allow a Residence to be Built in a River Preservation District, Generally Located at 665 Dover Street N.E. (Ward 3) ................................................... 25 - 29 � 4. Extension of a Variance, VAR #99-03, by Scott and Maria St. Arnold, to Decrease the Required Front Yard Setback from 35 Feet to 28 Feet to ` Allow the Construction of a 96 Square Foot Entrance Foyer, Generally Located at 350 Ironton Street N.E. (Ward 3) ....................................................................................... 30 - 31 < �. i . .. � M � r , FRIDLEY CITY COUNCIL MEETING OF APRIL 10, 2000 PAGE 3 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 5. Receive Bids and Award Contracts for the 2000 Playground Equipment Upgrades, Project No. 328 ........................ 32 - 33 6. Resolution Providing for the Change in Control of a Cable Television Franchisee ................................................. 34 — 35 7. Claims ....................................................................................... 36 8. Licenses ....................................................................................... 37 — 58 9. Estimates ...................................................................................... 59 ADOPTION OF AGENDA. OPEN FORUM, VISITORS: (Consideration of Items not on Agenda —15 Minutes) FRIDLEY CITY COUNCIL MEETING OF APRIL 10, 2000 PAGE 4 PUBLIC HEARINGS: 10. Ordinance Revising Chapter 407 of the Fridley City Code in its Entirety, and Amending Chapter 11 of the Fridley City Code, Entitled "General Provisions and Fees" (Right-of-Way Management) ............................................................................... 60 - 95 11. Reconsideration of Special Use Permit, SP #94-18, for the Sinclair Service Garage, Generally Located at 6290 Highway 65 N.E. (Ward 2) ....................................................................................... 96 - 97 12. Reconsideration of a Special Use Permit, SP #76-08, to Norma Wilson, Allowing an Apartment to Exist Within a Single-Family Residence in a R-1, Single Family Residential District, Generally Located at 401 Ironton StreetN.E. (Ward 3) ..................................................................... 98 - 107 NEW BUSINESS: 13. Motion to Revoke Special Use Permit, SP #76-08, to Norma Wilson, Generally Located at 401 Ironton Street N.E. (Ward 3) ................................ 108 - 109 A � .I � • FRIDLEY CITY COUNCIL MEETING OF APRIL 10, 2000 PAGE 5 NEW BUSINESS (CONTINUED): 14. Variance Request, VAR #00-03, by Duke-Weeks Realty Corporation, to Increase the Allowable Size of a Free-Standing Sign from 80 Square Feet to 160 Square Feet, to Decrease the Required Setback of a Free-Standing Sign from a Property Line or Driveway from 10 Feet to 5 Feet, to Allow the Construction of a New Free-Standing Sign, Generally Located at 7920-7990 University AvenueN.E. (1Nard 3) .................................................................. 110 - 121 15. Informal Status Reports ................................................................ 122 ADJOURN. FRIDLEY CITY COUNCIL MEETING OF APRIL 10, 2000 .�_o��, S �-�� oF �� 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, seY, 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 REV�W ME�,'TING 2000 Board of Review. QTY COUNCII, MEETING PROCLAMATION: Gays of Remembrance of the Victims of the Holocaust: April 30 — May 7, 2000 NEW BUSINESS: 2. Receive the Minutes of the Planning Commission Meeting of March 15, 2000 ......... 14 - 24 3. Special Use Permit, SP #00-02, by Gary and Sally Bannochie, to Allow a Residence to be Built in a River Preservation District, Generally Located at 665 Dover Street N.E. (Ward 3) . 25 - 29 ��w � � 0. � s`°�' ��f N �—� �,pQ�� o st, ps ,.� 1 ' � �� ' � �1 r1 � 3'rf �.S � I � `P.iA ✓v��^�-+^OC�FJ� `6r I p,ao a-�/ �� a R��3. Extension of a Variance, VAR #99-03, by Scott � and Maria St Arnold to Decrease the Required APPROVAL OF PROPOSED CONSENT AGENDA: �� APPROVAL OF MINUTES: `�C • #� �� City Council Meeting of March 20, 2000 � �y� w �r �� n�-- ~� �' I �" � : � � n OLD BUSINESS: Second Reading of an Ordinance Amending Sections 205.13, 205.14, 205.15, and 205.16 of the Fridley City Code Pertaining to Accessory Uses, and Section 11.10 Pertaining to Fees (Zoning Text Amendment ZTA #99-02, by the City of Fridley) 1-10 Front Yard Setback from 35 Feet to 28 Feet to Allow the Construction of a 96 Square Foot Entrance Foyer, Generally Located at 350 Ironton Street N.E. (Ward 3) ........ 30 - 31 Receive Bids and Award Contracts for the 2000 Playground Equipment Upgrades, Project No. 32� ................................... 32 - 33 �fp,� �,p��-6v� l�-S %�" Resolution Providing for the Ch�nge in Control of a Cable Television Franchisee 34 — 35 Approve Official Title and Summary Ordinance .................................. 11 -13 7. Claims ................................... 36 . � . FRIDLEY CITY COUNCIL MEETING OF APRIL 10, 2000 PAGE 2 APPROVALOFPROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 8. Licenses ................................... 37 — 58 9. Estimates ................................... 59 ADOPTION OF AGENDA. �� 3 � � � � a.-�-�.� / � �� -��' ` APPROVAL OFPROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 12. Reconsideration of a Special Use Permit, n,Q SP #76-08, to Norma Wilson, Allowing an +�}Y �'�j Apartment to Exist Within a Single-Family � Residence in a R-1, Single Family Residential XA District, Generally Located at 401 Ironton ` 1 Street N.E. (Ward 3) ............................. 98 -107 1�S �` �' � � I�s � � � 00 � �wc�� v � � �� c�-+�,�.� o��y g� �� hSp� C� G ress ; �e- rc� to �s-- t nr.uv�ed`�n� w� a u 2. o uf" NEW BU�II�IESS: 13. Motion to Revoke Special Use Permit, SP #76-08, to Norma Wilson, Generally Located at 401 Ironton Street N.E. (Ward 3) ................................. 108 -109 OPEN FORUM, VISITORS: �,F'j �� r��,�,� �� ,�e�9=, � � o � 1 " _ � I n (Consideration of Items not on� Agend� —15 Minutes) �, lJL ' �� r. ��-- ,,;,., �-v�..�2 � � � a, �r e.1 k-d� � � �� -�- � � ,��e- �e. � �-�.s �� 'c� � c�.r� w�- � � � 14. Variance Request, VAR #00-03, by Duke-Weeks PUBLIC HEARINGS: Realty Corporation, to Increase the Allowable Size of a Free-Standing Sign from 80 Square Feet 10. Ordinance Revising Chapter 407 of the Fridley to 160 Square Feet, to Decrease the Required City Code in its Entirety, and Amending Setback of a Free-Standing Sign from a Property Chapter 11 of the Fridley City Code, Entitled Line or Driveway from 10 Feet to 5 Feet, to Allow "General Provisions and Fees" (Right-of-Way the Construction of a New Free-Standing Sign, Management) .. ..............................60 - 95 Generally Located at 7920-7990 University �"�1� p�-�M � �� S� Avenue N.E. (Ward 3) ... .. . . ............ 110 -121 � - (�, �� ae�{�� t l�C,�-� f3� '� /'�-� C� ti��.� C,2.�-�if �.� �(`� �c �� C v�Q._ � l `S � ` � S `�� c�.e.(e��` �-4'� ��`� i � C�� 6S�- ' ��u��.F,�� P ( � `� � ^ � � �.e_c��c�. s�,�n-�- , 11. Reconsideration of Special Use Permit, SP #94-18, for the Sinclair Service Garage, Generally Located at 6290 Highway 65 N.E. 15. Informal Status Reports ........................ 122 (Ward 2) ................................... 96 - 97 �� 1�� . a� a,� � � �^�-� � Jv.�%— Q , �" ` C o'n' '*'� � � L �``C� .5 � ��e�� ;'^ �``, 1sL �� . ADJOURN. � ` � �� ` � � �� , r 0 � City of Fridley Notice of Board of Review Notice is hereby given, that the Board of Review of the City of Fridley, County of Anoka, Minnesota, will meet the City Hall Council Chambers in said City at 7:00 p.m., on Monday, April 10, 2000, for the purpose of reviewing and correcting the assessment of said city for the yeaz 2001. All persons considering themselves aggrieved by said assessment, or who wish to complain that the property of another is assessed to low, are hereby notified to appear at said meeting, and show cause of having such assessment corrected. No complaint that another person is assessed to low will be acted upon until the person so assessed, or his agent, shall have been notified of such complaint. Given under by hand this 22"d day of March, 2000. Debra A. Skogen, City Clerk (Published this 30th day of March and 4`h day of April, 2000.) _' _ =1= =�= - I� __J T= 1-�- _� -�- ,– DAYS OF REMEMBRANCE OF THE VICTIMS OF THE HO�OCAUST Apri130 — May 7, 2000 WHEREAS, the Holocaust was the state-sponsored, systematic persecution and annihilation of European Jewry by Ndzi Germ,a�Ly d�ad its collaborators betueen 1933 a�t.d 1945. Jews were the primary victims—six million were murdered. Gypsies, the ha�tdicdpped, and Poles were vlso targeted for destructio�ti or decimatioiz for racial, ethnic, or nationdl reasons. Millio�zs more, i�tcluding ho�nosezudls, Jehouah's Witnesses, Soviet prisoriers of wdr a�ul politicdl dissidents, also suffered grievous oppressio�z arid death u�zder Nazi tyra�iny; and WHEREAS, the history of the Holocaust offers an opportunity to reflect on the moral responsibilities of individuals, societies, and governments; a�ad WHEREAS, we the people of the City of Fridley should always remember the terrible events of the Holocdust and remain uigila�zt against hatred, persecutio�z, a�ad tyranny; and WHEREAS, we the people of the City of Fridley should actiuely rededicate ourselves to the priitciples of iiidiuidual freedo�n i�a a just society; and WHEREAS, the Days of Remembrd�tice have bee�z set aside for the people of the City of Fridley to reme�nber the victims of the Holocaust as well as to reflect on the need for respect of all peoples; and WHEREAS, pursua�Lt to ari Act of Co�tigress, the Uitited States Holocaust Memorial Council desig�zdtes the Days of Remembra�zce of the victims of the Holocaust to be Sunday, April 30, through Su�iday, May �, 2000, i�LCludi�ig the i�zternational Day of Reme�nbra�tce known as Yom Hashoah, May 2; NOW, THEREFORE, BE IT RESOLVED, that I, Nancy J. Jorgenso�z, Mayor of the City of Fridley, do hereby proclaim the week of Sunday, April 30, through Sunday, May 7, 2000, as DAYS OF REMEMBRANCE OF TNE VICTIMS OF THE HO�OCAUST i�z �nemory of the uictims of the Holocaust, and in ho�ior of the surviuors, as well as the rescuers a�ad liberators, and further proclai�n that we, as citizens of the City of Fridley, should strive to ouercome intolerance and indiffere�zce through learning and remembrance. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Fridley to be affixed this IO�hday of April, 2000. NANCY J. JORGENSON, MAYOR e x w _ _ „ THE MINUTES OF THE FRIDLEY CITY COUNCIL MEETING OF MARCH 20, 2000 0 0 r 0 THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF MARCH 20. 2000 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 Jorgenson, Councilmember Barnette, Councilmember Billings, Councilmember Wolfe, and Councilmember Bolkcom MEMBERS ABSENT: None STATEMENT OF MEETING CONDUCT: Please be reminded that those present at today's meeting may hold a variety of views and opinions regarding the business to be conducted. The exercise of democracy through representative local government requires that ALL points of view be accommodated at these proceedings. It is further expected that a standard of mutual courtesy and respectfulness be exercised by all in attendance, through our individual expression, manner of speaking, and conduct.� Therefore, please receive the views of other with the same degree of courtesy and respect which you desire to be given your views and opinions. Any departures from this standard will be addressed by the Presiding Officer through whatever means are deemed appropriate. Thank you for your attendance at today's meeting, and your agreement to abide by these standards of personal conduct. APPROVAL OF PROPOSED CONSENT AGENDA: MOTION by Councilmember Barnette to approve the proposed consent agenda as presented. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES: City Council Meetine of March 6, 2000 APPROVED CITY COUNCIL MEETING MINUTES OF MARCH 6, 2000. FRIDLEY CITY COUNCIL MEETING OF MARCH 20. 2000 _ PAGE 2 NEW BUSINESS: 1. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF MARCH 1, 2000: RECEIVED THE MINUTES OF THE PLANNING COMMISSION MEETING OF MARCH 1, 2000. 2. SPECIAL USE PERMIT, SP #00-01. BY US WEST WIRELESS, LLC, TO ALLOW THE CONSTRUCTION OF A 90-FOOT TELECOMMUNICATIONS TOWER, GENERALLY LOCATED AT 7835 MAIN STREET N.E. (WARD 31: Mr. Burns, City Manager, stated that this was consideration of a motion to approve the special use permit by US WEST Wireless to allow the construction of a 90 foot telecommunications tower at 7835 Main Street. The property is owned by Tonkel Inc. The Planning Commission approved this request on March 1 with eight stipulations. Staff recommended Council's approval. APPROVED SPECIAL USE PERMIT, SP #00-01 WITH THE FOLLOWING STIPULATIONS: 1) THE PETITIONER OR SUCCESSORS SHALL INSTALL AND MAINTAIN THE PROPOSED EQUIPMENT SO THAT IT BLENDS INTO THE SURROUNDING ENVIRONMENT; 2) A NON-CORROSIVE FINISH SHALL BE USED TO MATCH THE COLOR OF THE EXISTING STRUCTURE, STAFF TO APPROVE COLOR AND DESIGN OF POLE PRIOR TO I.NSTALLATION; 3) THE TOWER SHALL NOT BE ARTIFICIALLY ILLUMINATED EXCEPT AS REQUIRED BY THE FEDERAL AVIATION ADMINISTRATION (FAA); 4) ALL SCREENING PLANTINGS SHALL BE INSTALLED IN ACCORDANCE WITH THE LANDSCAPE PLAN, DATED FEBRUARY 3, 2000, SUBMITTED BY US WEST; 5) THE FACILITY SHALL BE DESIGNED TO DISCOURAGE UNAUTHORIZED ENTRY; 6) A BUILDING PERMIT SHALL BE OBTAINED PRIOR TO COMMENCEMENT OF INSTALLATION OF ANY FACILITY EQUIPMENT ON THIS SITE; 'n NO SIGNS OTHER THAN WARNING OR EQUIPMENT INFORMATION SIGNS ARE PERMITTED AS PART OF THIS APPLICATION; AND 8) ANY FUTURE PLACEMENT OF ANTENNAE ON THE TOWER SHALL REQUIRE REVIEW BY THE CITY TO DETERMINE IF THE EQUIPMENT LOCATION REQUIRES ADDITIONAL STIPULATIONS OR A REVISED SPECIAL USE PERMIT. 3. SET A PUBLIC HEARING DATE FOR APRIL 10,_ 2000, FOR CONSIDERATION OF THE REVOCATION OF SPECIAL USE PERMIT. SP #76-08 FOR A HOME GENERALLY LOCATED AT 401 IRONTON STREET N.E.�'ARD 1): Mr. Burns, City Manager, stated that this was a motion to establish a public hearing for consideration of the revocation of a special use permit issued to a home on the property located at 401 Ironton Street. The special use permit for this property was issued in 1976 . . FRIDLEY CITY COUNCIL MEETING OF MARCH 20 2000 PAGE 3 to allow a second floor apartment. Inspection of the property revealed several maintenance, and identified two additional units that had been created in the home. Following inspections, staff determined that the structure was no longer fit for those additional living units. Staff recommended that Couneil set April 10, 2000 as the public hearing date for consideration of the revocation of the special use permit. APPROVED APRIL 10, 2000 AS THE PUBLIC HEARING DATE. 4. SET A PUBLIC HEARING FOR APRIL 10, 2000 FOR CONSIDERATION OF THE REVOCATION OF SPECIAL USE PERMIT SP #94-18 FOR THE SINCLAIR SERVICE GARAGE, GENERALLY LOCATED AT 6290 HIGHWAY 65 (WARD 1Z Mr. Burns, City Manger, stated that the owners of the Sinclair Service Garage at 6290 Highway 65 applied for and received a special use permit for an automobile repair garage in 1994. The permit that was granted was subject to the stipulation that abandoned vehicles could not be stored outside. It was further stipulated that vehicles that had been repaired or were being repaired could not be stored outside for more than three days. Both of these stipulations are being violated, and the owner has not cooperated to correct the problem. Staff recommended that Council establish April 10, 2000, as the public hearing date for consideration of revocation of this special use permit. APPROVED APRIL 10, 2000, AS THE PUBLIC HEARING DATE. 5. SET A PUBLIC HEARING FOR APRIL 10 2000 FOR CONSIDERATION OF AN ORDINANCE REVISING CHAPTER 407 OF THE FRIDLEY CITY CODE IN ITS ENTIRETY, AND AMENDING CHAPTER 11 OF THE FRIDLEY CITY CODE, ENTITLED "GENERAL PROVISIONS AND FEES" (RIGHT-OF-WAY MANAGEMENT): Mr. Burns, City Manager, stated that the Public Works Director recommended that Council amend the City's Right-of-Way Management Ordinance that was adopted in 1998. Both changes include increasing the registration fees to $50.00 and increasing the excavation fee from $200 to $300. Staff recommended that Council establish April 10, 2000 as the public hearing date for the proposed amendments. APPROVED APRIL 10, 2000, AS THE PUBLIC HEARING DATE. " 6. RESOLUTION NO. 26-2000 RECEIVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS: STREET IMPROVEMENT PROJECT NO. ST. 2000 - l: Mr. Burns, City Manager, stated that this was consideration of a resolution receiving final plans and specifications and ordering advertisement for bids on street improvement for the year 2000. FRIDLEY CITY COUNCIL MEETING OF MARCH 20, 2000 PAGE 4 ADOPTED RESOLUTION NO. 26-2000. 7. RESOLUTION NO 27-2000 REOUESTING MUNICIPAL STATE AID SYSTEM CONSTRUCTION FUNDS FOR LOCAL USE: Mr. Burns, City Manager, stated that this was consideration of a resolution requesting municipal state aid system construction funds for local use. ADOPTED RESOLUTION NO. 27-2000. 8. RESOLUTION NO. 28-2000 DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR RIVERVIEW HEIGHTS IMPROVEMENT PROJECT NO. ST.1999 -1: Mr. Burns, City Manager, stated that this was consideration of a resolution declaring costs to be assessed and ordering preparation of proposed assessments for the Riverview Heights project. The resolution authorizes the City to declare the assessment toll for 387 properties in the 1999 project. The City's portion of the cost is $1,952,774.10. The property owners share the cost of $481,157.17. Assessments are for curb and gutter, driveways and water improvements. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 28-2000. 9. RESOLUTION NO. 29-2000 DIRECTING PUBLICATION OF THE HEARING ON THE PROPOSED ASSESSMENT FOR THE RIVERVIEW HEIGHTS IMPROVEMENT PROJECT NO. ST. 1999 - 1: Mr. Burns, City Manager, stated that this was consideration of a resolution directing publication of the hearing on the proposed assessment for the Riverview Heights improvement project. The public hearing notice will be published on April 7. The public hearing will be held on Apri124. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 29-2000. 10. RESOLUTION NO. 30-Z000 AUTHORIZING CHANGES IN APPROPRIATIONS FOR THE GENERAL FUND SPECIAL REVENUE FUND AND THE CAPITAL IMPROVEMENT FUND FOR FOURTH OUARTER, 1999: Mr. Burns, City Manager, stated that all together there were $11,273 in grant revenues. These were all related to police department programs. Staff recommended that the revitalization fund balance be maintained at $250,000 for the amount budgeted for the year 2000. This means eliminating $189,749 from the amount that would have been transferred to funds in the first quarter of 1999. The last change is transferring an additional $97,372 from the Capital Improvements Fund to the Optical Disk Records System purchased late last year. Staff recommended Council's approval. FRIDLEY CITY COUNCIL MEETING OF MARCH 20 2000 PAGE 5 ADOPTED RESOLUTION NO. 30-2000. 11. MOTION TO ELIMINATE THE POSITION OF CORPORAL IN THE FRIDLEY POLICE DEPARTMENT AND PROMOTE THE TWO EXISTING CORPORALS TO THE RANK OF SERGEANT: Mr. Burns, City Manager, stated that this was consideration of a motion to eliminate the position of Corporal in the Fridley Police Department and promote the two existing Corporals to the rank of Sergeant. This will provide more flexibility in scheduling. The two individuals being promoted to Sergeant have finished at the top of the promotional tests. The move is consistent with staffing situations for police departments of cities our size. The proposed change would effective for January 1, 2001. Staff recommended �ouncil's approval. ELIMINATED THE POSITION OF CORPORAL AND PROMOTED THE TWO EXISTING CORPORALS TO THE RANK OF SERGEANT. 12. CLAIMS: APPROVED PAYMENT OF CLAIM NUMBERS 92326 THROUGH 92532. 13. LICENSES: APPROVED ALL LICENSES AS SUBMITTED. MOTION by Councilmember Billings to approve the proposed consent agenda. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF AGENDA: MOTION by Councilmember Bolkcom, to adopt the agenda as presented. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM, VISITORS: Mayor Jorgenson invited members of the public to address any items not included on the agenda. No members in the audience spoke. FRIDLEY CITY COUNCIL MEETING OF MARCH 20, 2000 PAGE 6 PUBLIC HEARING: 14. ASSESS THE EFFECT OF THE PROPOSED TRANSFER OF OWNERSHIP BETWEEN TIME WARNER INC. AND AMERICA ONLINE. INC: MOTION by Councilmember Bolkcom to open the public hearing and waive the reading. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 7:45 P.M. Mr. Knaak, City Attorney, stated that America Online and Time Warner Inc. announced a stock for stock merger in which they will merge with subsidiaries of a newly formed holding company. As a result of these mergers, both of these entities will become wholly owned subsidiaries of a new holding company, AOL/Time Warner Inc. Under the terms of the merger agreement, these two companies' stock will be converted to AOL/Time Warner stock at fixed exchange ratios. It has been theCity's interpretation of the code and applicable law that this would represent a transfer of ownership for purposes of our ordinance and purposes of state and federal law. Mr. Knaak stated that under both state and federal law, the City may either agree to this merger and transfer ownership of its franchise within thirty days or conduct a public hearing and determine whether this transfer is in the interest of the City's residents and cable users. The hearing must be within thirty days of the termination for its lead, and that has occurred. Mr. Knaak stated that Council's decision or recommendation must fall within thirty days of this meeting. This merger would have no discernible impact into the foreseeable future for Fridley residents. Questions are being raised throughout the country as to whether this merger may have dramatic effects on the future of the cable industry. This includes issues of competitive telephone and data transfer services and the appropriate base on which a franchise fee might be calculated in the future as such additional services are offered. Like much of the information industry today, this is an area currently ripe for prediction and speculation. Mr. Knaak said that since it is Council's fiduciary responsibility to deal with the issues of whether these matters will impact cable users of the City, the most prudent action is not to immediately approve the merger, but conduct a public hearing on the issues and invite representatives of Time Warner Cable to establish plainly that this merger will not adversely impact cable users or the City's franchise revenues for the duration of the franchise. This franchise is up for renewal within a few short months. Staff inet with Time Warner representatives, and they have been very forthcoming in providing precise assurances. Mayor Jorgenson asked if there were any questions from the Council at this time. Ms. Kim Roden, Vice President of Public Affairs and Customer Service for Time Warner Cable, stated that she and Mr. Lance Leupold, Director of Public Affairs and Programming for Time Warner Cable, did not have any formal remarks to make this evening but were prepared to try to answer any questions. c r FRIDLEY CITY COUNCIL MEETING OF MARCH 20 2000 PAGE 7 Councilmember Barnette asked Mr. Leupold how this merger will affect the cable user and subscribers in the City of Fridley. Mr. Leupold stated that in the future it will be positive. There are enhanced efficiencies and expertise being brought together with the products and services to ensure that this cable company can provide the best service and products. Councilmember Barnette stated that in the state legislature, there is the possibility of taking away from Fridley the right to franchise local cable television companies. He asked where the City was regarding that. Mr. Knaak stated that he understands that Time Warner prefers the current system and is not interested in State regulations. Senator Kelly has a bill that is in place that comes up every year and there is some concern that during this legislation it may be enacted. This would provide for State regulation. That is not part of this immediate process, however. Mayor Jorgenson stated that one of the questions she has heard a lot during the past year has been regarding public access and guaranteeing public access availability. She asked what type of guarantee the company could give Council that these types of services would be ongoing. Mr. Leupold stated that this change of control does not affect the franchise and does not affect a company that holds a franchise. Time Warner Cable will continue to be the entity and continue to enforce the obligations of the franchise. Any future scenario would be just like it is today. Mayor Jorgenson stated that the last acquisition from Paragon to Time Warner incurred considerable legal fees for the City which have yet to be resolved. Ms. Roden stated that she has had brief conversations with the City Manager and other individuals with the City. There have not been any details expressed to her about a resolution. Unfortunately, she is not able to answer the question other than to let Council know she is aware of the history but not aware of any potential ability to conclude those discussions. Mr. Knaak stated that one of the important issues that came up was the basis of calculating the franchise fee. The revenue base on which the fee is based would be the same, and if there were new services that were offered this would represent an increase in the base from which the fee is calculated. He asked if that was correct. Ms. Roden stated that was correct. During discussions last week with staff, Time Warner indicated that they envision launching digital cable services as well as high speed online service, which they currently call "Roadrunner." They will be launching two additional services on top of video services that they now offer Fridley residents. She said it was the company's position that high speed online service and digital cable are in fact cable services that are regulated under the cable franchise that makes them susceptible to the gross revenues in the cable franchise. That would suggest that for every Roadrunner subscription Fridley, the City would be entitled to five percent (5%) of whatever those totals are. FRIDLEY CITY COUNCIL MEETING OF MARCH 20. 2000 PAGE 8 Mayor Jorgenson asked if the online service they are offering is going to be associated with AOL. Ms. Roden stated that it will continue to exist as Roadrunner. Customers will be able to choose Roadrunner as their Internet service provider or AOL or any other Internet service provider. They may decide to keep AOL and have Time Warner Roadrunner as their service provider or decide that they want to sign up with Roadrunner. Mayor Jorgenson stated that the online service would be provided through the television cable into the home rather than through the telephone. Ms. Roden stated that was correct. Mayor Jorgenson asked how residents would upgrade their equipment. Ms. Roden stated that the upgrade itself should not require any in-home wiring changes. In order to receive the two-way high speed online service, the technicians will go into customer's homes to maintain and inspect the cable drop as well as the wiring to ensure that the two way service can be delivered. Mayor Jorgenson asked if they will be able to service multiple computers. Ms. Roden stated that one of the benefits of Roadrunner is that you will not have to tie up the telephone line when you are online, plus multiple computers can be used. That is one of the benefits . of having a cable service providing your online Internet service as opposed to other options that would need a second phone line. Mayor Jorgenson asked if anyone else wished to address this issue. No members in the audience spoke. MOTION by Councilmember Barnette, to close the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 8:02 P.M. 15. ZONING TEXT AMENDMENT ZTA #99-02, BY THE CITY OF FRIDLEY, TO ALLOW FOR LIMITED TEMPORARY OUTDOOR DISPLAY AND SALES PROMOTIONS IN COMMERCIAL DISTRICTS. IN ADDITION. THE AMENDMENT WILL DELETE A PART OF THE ORDINANCE THAT ALLOWS DISPLAY OF PETROLEUM PRODUCTS BETWEEN PUMPS AND � FRIDLEY CITY COUNCIL NIEETING OF MARCH 20 2000 PAGE 9 P TEMPORARY DISPLAY OF MERCHANDISE WITHIN FOUR FEET OF THE BUILDING AT SERVICE STATIONS: MOTION by Councilmember Bolkcom, to open the public hearing. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 8:03 P.M. Mayor Jorgenson asked if the request was ZTA #99-02 or ZTA #00-02. Ms. Daniels, Planner/Code Enforcement Officer, stated that it is ZTA #99-02 because it was first presented to the Planning Commission in November, 1999. Ms. Daniels stated that this is a two-part presentation. They are trying to allow for temporary outdoor displays and sales in Fridley in commercial areas, and also to delete a part of the ordinance. Ms. Daniels stated that with this proposed ordinance, they are trying to accomplish opportunities for businesses to conduct special outdoor promotions. They have received calls asking for tent sales and other types of outdoor temporary sales and currently there is nothing in the ordinance that would allow this. They have allowed them, but did not have any regulations for them. The current ordinance allows for outdoor displays between pumps at service stations and temporary displays within four feet of the station building. No other temporary or permanent outdoor display is allowed. There are special use permits for outdoor storage for garden centers, Menards, Home Depot and like places. They also have a special use permit process for unscreened exterior storage of materials and equipment. Ms. Daniels stated that they are proposing an ordinance, amendment that would allow three outdoor sales events per business per year in commercial districts C-1, C-2, C-3, and CR-l. The ordinance would allow six events per year for multi-tenant buildings instead of three for each tenant. An administrative permit process for these events is being proposed rather than commission or Council action with a ten-day time frame for promotions and twenty days between each event. The advantages to this approach is that it will allow events that are currently not permitted by the ordinance. Three events per year falls within the requirements of other cities and strikes a beneficial balance between the extremes of not allowing them or permitting them continuously. Ms. Daniels reviewed the proposed ordinance language. Ms. Daniels stated that the proposed fee for the license will be $75.00. Planning Commission action on this part of the ordinance amendment was approved unanimausly. Staff recommended approval of the proposed temporary outdoor sales and display amendment. This is the first part of the presentation. Staff will be asking for action on the two separate pieces. � FRIDLEY CITY COUNCIL NIEETING OF MARCH 20, 2000 __ PAGE 10 Ms. Daniels stated that the second part they are proposing is a proposed deletion to some ordinance language. The proposed deletion in C-1, C-2, and C-3 is the same. She reviewed the current language of the ordinance. Ms. Daniels stated that the current ordinance language allows petroleum products between pumps. That is no longer a common practice. The ordinance currently states temporary storage but temporary is not defined anywhere so there is permanent outdoor storage at all of these places and the City cannot enforce the ordinance otherwise. Staff is proposing to revise this part of the language to delete the last sentence. This does not affect the service stations ability to have the temporary display, they would still be allowed to have three per year. Ms. Daniels said the Planning Commission and the Southern Anoka Chamber of Commerce business community had some concerns that permanent outdoor storage issues were not being addressed with either of the proposed amendments. That is true. The special use permit process addresses that now. This is separate. The elimination of outdoor storage opportunities at service stations is also an issue with the second part and the aesthetics of any outdoor displays allowed. During the Planning Commission after the busin��sses' concerns had been expressed, staff came up with four options. Ms. Daniels said the first option is to delete the ordinance language allowing outdoor displays at service stations. Option No. 2 would be to del��te the language allowing the storage and add "Merchandise offered for sale may be displayeci outdoors provided the display area does not exceed a greater number of square feet than ten percent (10%) of the ground floor area of the building housing for the principal use. No storag�� of any type shall be permitted within the front of side yard setback of parking area." This is slightly better than what they currently have because it takes away the word temporary, and it �;ives a set amount of space. Ms. Daniels said the third option would be to delete the word "temporary" from the current ordinance. This would allow the display within four feet of the station building. Option four would be to leave the ordinance as is. Ms. Daniels stated that the Planning Commission did recommend Option No. 3 deleting the word "temporary" from the ordinance and deleting the provision of storage between the pumps. They did want to add the wording "no storage of any t;ype shall be permitted within the required front or side yard setback or parking area." Staff recommends removing the provision allowing outdoor sales and display between the pumps a�1d within four feet of the station building and service stations, which is Option No. 1. Councilmember Wolfe asked if the businesses were charged each time for the sales events with the temporary ordinance. Ms. Daniels stated that they were charged $75.00 for each event. Councilmember Bolkcom stated that they were making it much simpler. Councilmember Barnette asked if Option No. 1��ould not allow service stations to have softener salt between the pumps or in front of the building. R FRIDLEY CITY COUNCIL MEETING OF MARCH 20. 2000 PAGE 11 Ms. Daniels stated that was correct. Councilmember Barnette stated that most of the service stations he goes to have a dispenser of ice cubes. Ms. Daniels stated that that would be considered permanent outdoor storage. Salt falls under the temporary ordinance. If they were to go to Option No. 1 and not allow it, it would need a special use permit. Councilmember Barnette stated that the Texaco on 73`d Avenue always has salt outside. They could get a special use permit to continue to display that. Ms. Daniels stated that they have, in the current ordinance, a special use permit process for unscreened exterior storage so they would have the right to come in and request that. Councilmember Barnette stated that it seemed to him that not allowing that really puts those stations at a disadvantage. Councilmember Bolkcom asked if there were any gas stations that did not have anything displayed outside. She thought the things outside were rather junky looking. Councilmember Wolfe asked why they were redoing this ordinance. He asked if there were complaints regarding the salt. Ms. Daniels stated that when Holiday was going in on 57"' Avenue, there was a concern about the stipulation for what was being allowed outside there and how it related to the rest of the City and the ordinance. Staff looked at the other facilities and realized that the ordinance was unenforceable with the word temporary, and that storage of petroleum products between the pumps is from a bygone era. They do need to clean up the ordinance and that is the recommendation of staff. Councilmember Wolfe stated that cleaning up the ordinance means taking it away. Ms. Daniels stated that the recommendation from staff is to take it away. They need to clean up the ordinance language so that whatever it reads is enforceable. Councilmember Bolkcom stated that there are some gas stations that do have things stacked up with the cartons breaking, etc. She asked if Fridley was more strict than other communities,if Council agreed with staff's recommendation? Ms. Daniels stated that they reviewed ordinances of surrounding cities. Blaine does not enforce the codes and products sit against the building like salt. Edina does not allow any outdoor sales at all or storage and they enforce it. 0 t: � FRIDLEY CITY COUNCIL MEETING OF MARCH 20. 2000 PAGE 12 Councilmember Barnette stated that it seems to him that they are looking at passing something that in his mind is not intrusive. Some of the businesses are being put at a disadvantage. He does not think it is a major problem. Councilmember Bolkcom asked Councilmember Barnette why it is putting them at a disadvantage if they do not have enough storage inside. Councilmember Barnette stated that was correct, because of what they are marketing, they do not. These convenience stores are pretty cramped anyway. That is their marketing strategy. Councilmember Wolfe stated that he likes smaller stores to carry salt. He gets all of his salt at gas stations. He said it was nice to pull up and load it up right there. Most of the time it seems everything is neatly stacked. He said he was surprised the issue came up. Mr. Burns stated that when they started this some time ago, they were responding to Councilmember Barnette's request when they were talking about the Holiday Stationstore and investigating the storage issue. It was Councilmember Barnette's suggestion to make things more consistent. Councilmember Barnette stated that he does not remember that. Mayor Jorgenson stated that in front there is a sidewalk and children and people with disabilities need access to that. More often than not, you could not move down the sidewalk, you had to walk in the drive aisle. This also puts the stores like Target, Wal-Mart and Cub at a competitive disadvantage because they cannot do that and are required to house displays indoors and need a special use permit to display anything outside. Two years ago the issue of sidewalk sales came up for Wal-Mart. They need a special use permit. Councilmember Barnette stated that under this new ordinance Wal-Mart would have the ability to use the sidewalks for a sale and have it three times per year. Councilmember Bolkcom asked if it would open up that possibility for those stores to display pop outside. Councilmember Barnette stated that this language applies only to convenience stores. Councilmember Bolkcom stated that by going with a different option in the proposals, they are not allowing those stores to do that. Ms. Daniels stated that this language is only for the service stations. Councilmember Bolkcom stated that with this they are not opening the doors for the other stores to do this. She does not have an issue with the service stations having anything outside but she agrees that there is the tendency for the products to spill almost off the sidewalk. She felt they need to fine tune the ordinance. FRIDLEY CITY COUNCIL MEETING OF MARCH 20 2000 PAGE 13 Councilmember Bolkcom stated that a wheelchair would be hard pressed to get into some of the places with the step up to the sidewalk. Councilmember Wolfe stated that most gas stations have very distinct handicapped access entrance into the front door that goes right into the building. Usually the restrooms outside are not blocked either. Mr. Hickok, Planning Coordinator, stated that the code requires that they keep the parking surfaces at least five feet back from the front of the building. The perimeter area is curbed with curb and gutter, and there is typically a raised area in front of the store that is at least five feet deep. Rather than planting that space most often it is concrete and becomes part of the front of the store. There is often a handicapped accessible dip by the front door. Sometimes they do even bring a sidewalk across the front of that. That is probably not all that common though. Mayor Jorgenson asked if there was a code requirement for a sidewalk around the exterior of the building. Mr. Hickok stated that there was not a code requirement. Ms. Leigh Harris, Southern Anoka County Chamber of Commerce President, stated that the convenience stores cannot store certain things inside because of safety reasons like the firewood. There also are not any carts to get the merchandise versus at Wal-Mart there are carts available. The retailers want to compete at an even level with the communities surrounding Fridley and they, for the most part, paying attention to the aesthetics of the situation. Councilmember Bolkcom stated that every community except Edina allows with their ordinances what the Planning Commission is proposing. Ms. Daniels stated that for the most part that is correct. Councilmember Barnette stated that Option No. 3 which the Planning Commission was most in favor of, would allow the softener salt, propane tanks, and ice cube makers. Ms. Daniels stated that Option No. 3 would allow anything stored outside within four feet of the building but would not allow the display between the pumps. Councilmember Bolkcom asked how many stations have stuff in between the pumps Councilmember Barnette stated that almost all of them that he goes to have that. Ms. Daniels stated that the ordinance right now does not allow what they are storing between the pumps. It states that petroleum products between the pumps can be stored, and the service stations are not storing products. Councilmember Barnette stated that it is almost always just softener salt. FRIDLEY CITY COUNCIL MEETING OF MARCH 20. 2000 PAGE 14 Councilmember Bolkcom asked why it has to be by the pumps if it is by the door. Councilmember Wolfe stated that is because people are parked right by the pumps. Councilmember Barnette stated that it is the convenience so people do n�t have to pull up to the front of the store. Councilmember Bolkcom stated that at the service stations she goes to, she does not see anything stored by the pumps. The Planning Commission is making a nice compromise by stating that is okay to store things by the door in front. She asked if Council would be hurting a lot of stations by not allowing storage by the pumps. Ms. Daniels stated that in some of the larger pump aisles there is a little storage of product. The picture she brought of salt displayed in between the pumps was the only service station in Fridley that had anything in between the pumps when she went out. Councilmember Barnette asked Ms. Harris if Option No.3 would be satisfactory to the businesses. Ms. Harris stated that Option No. 2 or No. 3 would be good. Mayor Jorgenson stated that most of the service stations are good about keeping the height of the products to allow easy accessibility of looking into the store. Councilmember Barnette asked Ms. Daniels if it makes it easier from an enforcing standpoint. Ms. Daniels stated that if the ordinance was changed to be more clear it would be easier with either option. Mr. Burns asked Ms. Daniels if the propane sales are usually in front and what are the amendments pertaining to that. Ms. Daniels stated that if this ordinance was passed it would allow storage within four feet in front of the building, and would not allow storage between pumps. Councilmember Barnette stated that he feels that there is probably an OSHA factor involved on distance from a building because those are explosives. Councilmember Bolkcom asked if they could look at this and figure out how it could be written in and come back with some other type of language. It seems cumbersome for every service station to come back to get a special use permit. Mayor Jorgenson stated that they could check with the Fire Department. She thinks the regulations include a certain number of feet away from the building for the propane tanks so the fumes do not get back into the building. 9 FRIDLEY CITY COUNCIL MEETING OF MARCH 20 2000 PAGE 15 0 MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 8:40 P.M. NEW BUSINESS: 16. FIRST READING OF AN ORDINANCE AMENDING SECTIONS 205.13 205.14 205.15M AND SECTIONS 205.16 OF THE FRIDLEY CITY CODE PERTAINING TO ACCESSORY USES. AND SECTION 1110 PERTAINING TO FEES fZONING TEXT AMENDMENT, ZTA #99-02 BY THE CITY OF FRIDLE�• Ms. Daniels stated that this is directly related to the public hearing just held. Councilmember Bolkcom stated that possibly they were going with Option No. 3. Ms. Daniels stated that what the Councilmembers have in the Commission packet is the staff recommendation. Mr. Hickok stated that the best way to remember Option No. 3 is as the Planning Commission recommendation. MOTION by Councilmember Barnette to incorporate Option No. 3. Seconded by Councilmember Wolfe. Councilmember Bolkcom stated that they were deleting the staff recommendation on the convenience store. Councilmember Barnette stated that was correct. UPON A VOICE VOTE, COUNCILMEMBERS BOLKCOM, WOLFE, BARNETTE, MAYOR JORGENSON VOTING AYE, COUNCILMEMBER BILLINGS VOTING NAY, MAYOR JORGENSON DECLARED THE MOTION CARRIED BY A FOUR TO ONE VOTE. Ms. Daniels stated that Council has acted on the second part of the presentation. The first part of the proposed temporary ordinance for outdoor displays and sales needs to be acted on. Councilmember Bolkcom stated that in Councilmember Barnette's motion all the language except service stations would be in Option No. 3. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. , FRIDLEY CITY COUNCIL 1�IEETING OF MARCH 20, Z000 PAGE 16 17. APPOINT CITY COUNCILMEMBER TO THE JOINT TASK FORCE ESTABLISHED BETWEEN THE CITY OF FRIDLEY AND THE CITY OF COLUMBIA HEIGHTS: Mr. Burns, City Manager, stated that several weeks ago, the Columbia Heights and Fridley staff got together to discuss the possibility of appointing a joint Task Force member. Subsequent to that, the City Council of Columbia Heights and Columbia Heights school board got together to talk about this and developed the idea of the joint Task Force. The Task Force would identify opportunities created by the Medtronic campus and negative impacts, look at the strengths and weaknesses of the two communities and take advantage of the opportunities of the Medtronic campus. They decided that in order to do this, the joint Task Force would consist of nine members. Four members of the City of Fridley, four members of Columbia Heights and an additional Chairperson. The City Managers would also be expeditionary members of the task force. There is also a technical advisory committee to meet with staff and school districts. They asked Council to appoint a City Councilmember to be representative for the task force. They would also have an HRA Commissioner and a Planning Commissioner to serve. Councilmember Bolkcom asked how often and at what times of the day the task force would be meeting. Mr. Burns stated that they would meet six times on a monthly basis in a six-month period. The times of the days and days of the week would have yet to be determined. Councilmember Barnette stated that he would like to ask Councilmember Billings to be appointed as a member of the task force. Councilmember Billings stated that he felt that his time was stretched pretty thin with the Northstar Corridor and other things that are taking place revolving around the City of Fridley. The next six to nine months would be very busy for him. He was thinking that Councilmember Barnette as Councilmember-at-Large would be in the best position to represent all of the interests of the City of Fridley. Councilmember Barnette stated that he would accept that. MOTION by Councilmember Billings to appoint Councilmember Barnette to the Joint Task Force. Seconded by Councilmember Wolfe. Mayor Jorgenson stated that she felt it was short-sighted of Council not to invite Spring Lake Park to the meeting as well considering the range of the target area. She said that Spring Lake Park has more vacant land closer to Highway 65 than Columbia Heights or Fridley. Councilmember Barnette asked when they were planning to start the first meeting. Mr. Burns stated that he thinks they are starting in April. FRIDLEY CITY COUNCIL MEETING OF MARCH 20 2000 PAGE 17 UPON A VOICE VOTE, COUNCILMEMBERS BILLINGS, BOLKCOM, WOLFE, BARNETTE VOTING AYE, MAYOR JORGENSON VOTING NAY, MAYOR JORGENSON DECLARED THE MOTION CARRIED BY A FOUR TO ONE VOTE. 18. APPROVE REAPPOINTMENTS TO CITY OF FRIDLEY COMMISSIONS: Mayor Jorgenson stated that there are a number of reappointments to the commissions. There are presently vacancies on the Commissions. The Appeals Commission, the Environmental Quality and Energy Commission, and the Planning Commissions have a position. There is one vacancy in the Human Resources Commission by default. The Cable Television Commission has a vacancy also. MOTION by Councilmember Bolkcom to reappoint J. Diane Savage and David Kondrick to the Planning Commission. Seconded by Councilmember Barnette. Councilmember Billings stated that he believes that Mr. Kondrick serves as the Chairperson of the Parks and Recreation Commission so this is not an appointment that Council actually makes. MOTION by Councilmember Bolkcom to reappoint J. Diane Savage to the Planning Commission. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. Mayor Jorgenson stated that Susan Jackson stated that she was interested in appointment to the Appeals Commission. Councilmember Bolkcom asked if everyone on the Appeals Commission wished to be reappointed. Mr. Burns stated that Carol Beaulieau does not wish to be reappointed. Mayor Jorgenson stated that she thought that the vast majority of the members would be aware of Ms. Jackson's involvement with the Charter Commission as well as the Human Resources Commission. That is fine if Council would like to have her come in for an interview. Councilmember Bolkcom stated that she personally does not know a lot about Ms. Jackson. In all fairness, she felt she should come in for an interview. Councilmember Billings asked if they advertise at all for openings on the Appeals Commission. Mayor Jorgenson stated that she was not sure. Mr. Burns stated that they have not. Councilmember Billings stated that staff had no knowledge of these appointments of people who have asked to be appointed. He knows that Mayor Jorgenson in the past has been quite insistent FRIDLEY CITY COUNCIL NIEETING OF MARCH 201_2000 PAGE 18 that they advertise for openings on the various commissions. Presentation of a name without that is a departure of the Mayor's position in the past. Councilmember Bolkcom stated that maybe they should do that to see who is out there and interested. Mayor Jorgenson stated that they would have to advertise fairly quickly. Mr. Burns stated that he could take caze of that. There is one opening on the Appeals Commission and there is one opening on the EQEC and one position vacant by default on the Human Resource Commission. The Chair on the Cable Television Commission has not sent in a resignation but has moved out of town so that position should be advertised also. MOTION by Councilmember Barnette to reappoint all Commission members who have chosen to continue. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Bolkcom asked if the plan was to put an article in Focus News. Mr. Burns stated that was correct. Mayor Jorgenson stated that there may be some openings on the Charter Commission so he could put in an advertisement for that at the same time. 19. INFORMAL STATUS REPORTS: Councilmember Barnette stated that Ms. Gargaro has asked that he would acknowledge that the Fridley `49er Days will be June 15 through June 18. All of the activities except for the parade will be held at Columbia Arena. This includes the carnival, the Rocking Hollywoods and the White Sidewalls which will be there Friday and Saturday evenings. Craft sale registrations will be taken at the Municipal Center and will be inside Columbia Arena. A community garage sale will be held outside of Columbia Arena. There will be food booths, a beer garden and a horseshoe tournament for a fund-raiser for Make A Wish foundation sponsored by Bob's Produce. Mr. Burns stated that he would advertise it in the newsletter. Mayor Jorgenson stated that in the last City Council meeting an individual spoke regarding a letter that appeared in Focus News about fundraising that is conducted by the seniors of the Fridley Senior Center and that the money ended up in the General Fund. Mr. Burns stated that he talked with Mr. Jack Kirk and learned that the funding did not go into any of the City funds. They called the individual who misunderstood this and explained the process. FRIDLEY CITY COUNCIL MEETING OF NIARCH 20 2000 PAGE 19 Councilmember Bolkcom stated that she went to the remodeling fair this weekend that was co- sponsored by the cities of Coon Rapids and Mounds View. She said it was nicely done, and there was a good crowd. She thanked everyone that was a part of the fair. Councilmember Wolfe thanked staff for the wonderful evening at the Employee Appreciation Dinner. Mr. Burns stated that Ms. Sara Hill, Director of Human Resources, worked really hard to put it together. Mr. Burns said Ms. Hill did a great job. Councilmember Bolkcom stated that after the meeting, she wanted to have a conversation with the City Attorney about a letter they received. Mayor Jorgenson stated that was regarding impending litigation against the City, and they could meet after the meeting. Councilmember Billings stated that there have been some e-mails in the last few days regarding meeting times that they had previously agreed on. He asked for clarification. Mayor Jorgenson stated that the times of the meetings that have been set up for various commissions are at 6:00 p.m. The meeting that was scheduled this evening had begun at 6:00 p.m.. Council has to be careful that they publish the correct times for the meetings. She has some concern about the times for the meetings. Councilmember Bolkcom stated that she thought they agreed that the time was good because then they would not have to wait until after the City Council meeting. ADJOURN: MOTION by Councilmember Barnette to adjourn the meeting. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MARCH 20, 2000 CITY COUNCIL MEETING ADJOURNED AT 9:09 P.M. Respectfully submitted, Signe L. Johnson Nancy J. Jorgenson Recording Secretary Mayor / AGENDA ITEM � CITY COUNCIL MEETING OF APRIL 10, 2000 cmr oF FRIDLEY DATE: April 4, 2000 TO: Wiliiam Burns, City Manager �� FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Missy Daniels, Planner SUBJECT: Second Reading of ZTA #99-02, Temporary Outdoor Sales and Display of Merchandise Ordinance. On Monday, March 20, 2000 the City Council approved the first reading of the proposed ordinance with the following changes to 205.13 C-1, 205.14 C-2, and 205.15 C-3: 1. USES PERMITTED A. Principal Uses B. Accessory Uses C. Uses Permitted With A Special Use Permit. (7) Motor vehicle fuel and oil dispensing service as an accessory use to a convenience store. (a) The use shall not provide for the outdoor operation of lubrication equipment, hydraulic lifts or service pits, or the outdoor display of inerchandise. , ; The displav of merchandise within four (4) feet of the front of the station buildinq is permitted. No storaqe of any type shall be permitted unless it is within four (4) feet in front of the station buildinq. Caqes for exchanQeable propane tanks not larqer than a 20-qound cvlinder mav be located in conformance with applicable Fire Codes and City approval prior to installation. - � i - Page Two — Memo for 2"d Reading The proposed ordinance, amended as approved by Council, is attached. Recommendation Staff recommends approval of the second reading as modified. M-00-64 2 Ordinance No. AN ORDINANCE AMENDING SECTIONS 205.13,205.14,205.15, AND SECTION 205.16 OF THE FRIDLEY CITY CODE PERTAINING TO ACCESSORY USES AND SECTION 11.10 PERTAINING TO FEES THE CITY COUNCIL OF THE CITY OF FRIDLEY DOES ORDAIN AS FOLLOWS: Section 1 Section 205.13 G 1 LOCAL BUSINESS DISTRICT REGULATIONS is hereby amended by adding the following language: 205.13 C-1 LOCAL BUSINESS DISTRICT REGULATIONS USES PERMITTED A. Principal Uses B. Accessory Uses (5). Temporarv Outdoor Displav, Sales, or Promotion of Merchandise subiect to the followin� conditions: (a) The property owner shall obtain a Temporarv Outdoor Disulav License from the Citv at least one week prior to startin� the � event. The propertv owner shall submit the information required on the license application. The Citv shall approve the license vrior to commencement of the event. (b) A Temporarv Outdoor Displav License is required whether merchandise is sold for profit or �iven awav as part of a promotion. (c) Only items associated with the principal use mav be displaved. (d) Three events per vear are permitted, and shall occur no closer than 20 davs anart. (e) Six events per vear for are nermitted for multi-tenant developments, and shall occur no closer than 20 davs apart. (fl The duration of each event shall be no lon�er than 10 consecutive davs. (�) The merchandise shall be displaved in a manner that does not impede vehicular traffic or otherwise cause unsafe traffic conditions. �h) The merchandise shall not be displaved in the boulevard or on any landscaped area. 3 Page two — Ordinance No. (i) If a tent is to be used, the pronertv owner shall obtain a buildin� permit and complv with the requirements of the Uniform Buildin� Code related to tents. Fees for tents shall be as established bv the Uniform Buildin� Code. �i) The pronertv owner shall pav the fees as established in Chapter 11 of the Citv Code. (k) SiQna�e for temporarv promotions must meet the temporarv sign definition with the exceution that thev mav be displaved onlv during the ten-dav event (214). Section 205.13 C-1 LOCAL BUSINESS DISTRICT REGULATIONS is hereby amended by changing the following language: 205.13. G1 LOCAL BUSINESS DISTRICT REGULATIONS USES PERMITTED A. Principal Uses B. Accessory Uses C. Uses Permitted With A Special Use Permit. (7) Motor vehicle fuel and oil dispensing service as an accessory use to a convenience store. (a) The use shall not provide for the outdoor operation of lubrication equipment, hydraulic lifts or service pits; or the outdoor display of inerchandise. T',° a:°�'^tr ^�^°*�^'°,,,„ ..�t,,,,�� i.,,,,. .� ,- *t,_� r.<,,,,�,,,..,,R, a;�„i.,., „f ..,.�.,.,,a;�„ < ,:�t,;,, +,,,,,. i;� � +_.,�* „+ ��.� �«�r;,,., 1.,,:i,�;,,., : a ��. The displav of inerchandise within four (4) feet of the front of the station buildin� is permitted. No stora�e of anv type shall be permitted unless it is within four (4) feet in front of the station buildin�. Ca�es for exchan�eable propane tanks not lar�er than a 20-pound cvlinder mav be located in conformance with applicable Fire Codes and City approval vrior to installation Section 2 Section 205.14 C-2 GENERAL BUSINESS DISTRICT REGULATIONS are hereby amended by adding the following language: � Page Three — Ordinance No. 1. USES PER�v1ITTED A. Principal Uses B. Accessory Uses (9). Temporarv Outdoor Displav, Sales, or Promotion of Merchandise subject to the followin� conditions: �a) The propertv owner shall obtain a Temnorarv Outdoor Displav License from the Citv at least one week nrior to startin� the event. The propertv owner shall submit the information reauired on the license application. The Citv shall approve the license prior to commencement of the event. (b) A Temporarv Outdoor Displav License is reQUired whether merchandise is sold for nrofit or �iven awav as part of a promotion. (c) Onlv items associated with the vrincipal use may be displaved. (d) Three events per vear are permitted, and shall occur no closer than 20 davs apart. (e1 Six events per vear for are permitted for multi-tenant develonments, and shall occur no closer than 20 davs apart. (fl The duration of each event shall be no lonQer than 10 consecutive davs. (�) The merchandise shall be displayed in a manner that does not impede vehicular traffic or otherwise cause unsafe traffic conditions. (hl The merchandise shall not be disnlaved in the boulevard or on anv landscaped area. �i) If a tent is to be used, the propertv owner shall obtain a building permit and comply with the rectuirements of the Uniform Buildin� Code related to tents. Fees for tents shall be as established bv the Uniform Buildin� Code. (i) The propertv owner shall pav the fees as established in Chapter 11 of the Citv Code. (k) Si�na�e for temnorarv promotions must meet the temnorarv si�n definition with the excention that thev mav be displayed onlv durin� the ten-dav event (214). Section 205.14 C-2 GENERAL BUSINESS DISTRICT REGULATIONS is hereby amended by changing the following language: 205.14. C-2 GENERAL BUSINESS DISTRICT REGULATIONS USES PERMITTED 5 Page Four — Ordinance No. A. Principal Uses B. Accessory Uses C. Uses Permitted With A Special Use Permit. (5) Automobile service stations and motor vehicle fuel and oil dispensing services. (a) The Special Use Permit for an automobile service station is only for uses noted in the definition. (b) The use shall not provide for the outdoor operation of lubrication equipment, hydraulic lifts or service pits; or the outdoor display of inerchandise. ,,,a,.,.*�. �..,+.,.v�., � r *ho �o,�,n�,rzn.. �;_�.,�.,.. „� ..�,�,.,.,a;�o . ,:*i,.., �,,,.- �:� � +,�+ „+ +�,o �.*.,*:,,., �,,.;i,�:,,n ; ��. The displav of inerchandise within four (4) feet of the front of the station buildin� is permitted. No stora�e of anv tme shall be nermitted unless it is within four (4) feet in front of the station buildin�. _Cages for exchan�eable propane tanks not lar�er than a 20-pound cylinder mav be located in conformance with applicable Fire Codes and Citv approval prior to installation. Section 3 Section 205.15 C-3 GENER.AL SHOPPING CENTER DISTRICT REGULATIONS are hereby amended by adding the following language: USES PERMITTED A. Principal Uses B. Accessory Uses (8). Temporarv Outdoor Displav, Sales, or Promotion of Merchandise subiect to the followin� conditions: (a) The propertv owner shall obtain a Temporarv Outdoor Displav License from the Citv at least one week prior to startin� the event. The propertv owner shall submit the information required � Page Five — Ordinance No. on the license anplication. The Citv shall approve the license prior to commencement of the event. (b) A Temporarv Outdoor Display License is reQUired whether merchandise is sold for urofit or �iven awav as part of a promotion. �c) Only items associated with the nrincipal use may be displaved. (d) Three events per year are vermitted, and shall occur no closer than 20 davs anart. �e) Six events per vear for are permitted for multi-tenant developments, and shall occur no closer than 20 davs apart. (fl The duration of each event shall be no lon�er than 10 consecutive davs. (�) The merchandise shall be disnlaved in a manner that does not impede vehicular traffic or otherwise cause unsafe traffic conditions. (h) The merchandise shall not be disnlaved in the boulevard or on any landscaped area. (i) If a tent is to be used, the property owner shall obtain a buildin� permit and complv with the requirements of the Uniform Buildin� Code related to tents. Fees for tents shall be as established bv the Uniform Buildin� Code. � The property owner shall pay the fees as established in Chapter 11 of the Citv Code. (k) _Signage for temporarv promotions must meet the temporarv si�n definition with the exception that thev mav be displaved onlv durin� the ten-day event (214). Section 205.15 C-3 GENERAL SHOPPING CENTER DISTRICT REGULATIONS is hereby amended by changing the following language: 205.15. C-3 GENERAL SHOPPING CENTER DISTRICT REGULATIONS 1. USES PERMITTED A. Principal Uses B. Accessory Uses C. Uses Permitted with a Special Use Permit (5) Automobile service stations and motor vehicle fuel and oil dispensing services. 7 Page Six — Ordinance No. (a) The use shall not provide for the outdoor operation of lubrication equipment, hydraulic lifts or service pits; or the outdoor display of inerchandise. T'"° �'�°„'��• ��°*••�'°��, ,..1 ..+� l.�r.. r rhv �o , ,-t' .,1., .,f ,.1��...i: .;rt, F • i-1\ f or ,�F*6..� �r�*:�,., 1...;lrl:., ��t�ec�. The displav of inerchandise within four (4) feet of the front of the station buildin� is pernutted. No stora�e of anv type shall be vernutted unless it is within four (4) feet in front of the station buildin�. Ca�es for exchan�eable pronane tanks not lar�er than a 20-pound cvlinder mav be located in conformance with applicable Fire Codes and Citv approval pnor to installation. Section 4 Section 205.16 CR-1 GENERAL OFFICE DISTRICT REGULATIONS are hereby amended by adding the following language: USES PERMITTED A. Principal Uses B. Accessory Uses (6) Temporarv Outdoor Displav, Sales, or Promotion of Merchandise subtect to the followin� conditions: (a) The propertv owner shall obtain a Temporarv Outdoor Displav License from the Citv at least one week prior to startin� the event. The propertv owner shall submit the information required on the license application. The Citv shall approve the license prior to commencement of the event. (b) A Temporarv Outdoor Displav License is required whether merchandise is sold for profit or �iven awav as part of a promotion. (c) Only items associated with the principal use may be displaved. � Three events per vear are permitted, and shall occur no closer than 20 davs apart. � Page Seven — Ordinance No. (e) Six events per vear for are nermitted for multi-tenant develouments, and shall occur no closer than 20 davs apart. (fl The duration of each event shall be no lon�er than 10 consecutive davs. �g) The merchandise shall be disnlaved in a manner that does not impede vehicular traffic or otherwise cause unsafe traffic conditions. (h) The merchandise shall not be disnlaved in the boulevard or on anv landscaped area. (i) If a tent is to be used, the propertv owner shall obtain a buildin� permit and complv with the reauirements of the Uniform Buildin� Code related to tents. Fees for tents shall be as established bv the Uniform Buildin� Code. (i) The propertv owner shall pav the fees as established in Chanter ll of the Citv Code. (k) Si�na�e for temporary promotions must meet the temUOrary sign definition with the exception that thev mav be displaved onlv durin� the ten-dav event (214). Section 5 License fees shall be amended as follows: 11.10 FEES Chapter 11.10, "Fees is amended to include the following temporary display license fees: CODE SUBJECT FEE 205.30 Temporary Outdoor Display License $75.00 � Page Eight — Ordinance No. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF ATTEST: DEB SKOGEN — CITY CLERK Public Hearing: First Reading: Second Reading: Publication: March 20, 2000 March 20, 2000 April 10, 2000 � ►111 NANCY JORGENSON — MAYOR 5 : AGENDA ITEM CITY COUNCIL MEETING OF APRIL 'f 0, 2000 CfTY OF FRIDLEY DATE: April 4, 2000 TO: William Burns, City Manager � Y� FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Missy Daniels, Planner SUBJECT: Summary Ordinance Language for Publication, Temporary Outdoor Sales and Display of Merchandise Ordinance. Staff recommends that Council approve the following summary ordinance language for publication: � ORDINANCE NO. OFFICIAL TITLE AND SUMMARY I. Title A SUMMARY OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 205, ENTITLED "ZONING", BY AMENDING SECTIONS 205.13.O1.B, 205.14.O1.B, 205.15.O1.B, AND SECTION 205.16.01.B OF THE FRIDLEY CITY CODE PERTAINING TO ACCESSORY USES AND SECTION 11.10 PERTAINING TO FEES. II. Summary The City Council of the City of Fridley does hereby ordain as follows: That Chapter 205 of the code of ordinances of the City of Fridley, Minnesota, be, and hereby is amended by modifying the following language in the commercial zoning districts in Code Sections 205.13.O1.B, 205.14.O1.B, 205.15.O1.B, and 205.16.O1.B to permit "Temporary Outdoor Sales and Display of Merchandise" as an accessory use. • 11 Page 2- Summary of Ordinance No. Temporary Outdoor Displa_y, Sales, or Promotion of Merchandise sub�ect to the followinq conditions: (a) The property owner shall obtain a Temporary Outdoor Display License from the City at least one week prior to starting the event. The property owner shall submit the information required on the license ap lication. The City shall approve the license rior to commencement of the event. (b) A Temporary Outdoor Display License is required whether merchandise is sold for profit or given away as part of a promotion. (c) Only items associated with the principal use may be displayed. (d) Three events per vear are permitted, and shall occur no closer than 20 days apart. (e) Six events per year for are permitted for multi- tenant developments, and shall occur no closer than 20 days apart. (f) The duration of each event shall be no longer than 10 consecutive days. (g) The merchandise shall be displayed in a manner that does not impede vehicular traffic or otherwise cause unsafe traffic conditions. (h) The merchandise shall not be displayed in the boulevard or on any landscaped area. (i) If a tent is to be used, the property owner shall obtain a buildinq permit and comply with the reauirements of the Uniform Building Code related to tents. Fees for tents shall be as established by the Uniform Building Code. (�) The propertv owner shall pay the fees as established in Chapter 11 of the City Code. (k) Signaae for temporar_y promotions must meet the tem orary siqn definition with the exception that they may be displa_yed only during the ten-day event (214.02.36). Be it further ordained that That Chapter 205 of the code of ordinances of the City of Fridley, Minnesota, be, and hereby is amended by modifying the following language in the commercial zoning districts in Code Sections 205.13.O1.0 (7), 205.14.O1.C.(5), and 205.15.O1.C.(5), under Special Use Permits regarding fuel and oil dispensing stations. 12 9 v ❑ Page 3- Summary of Ordinance No. The use shall not provide for the outdoor operation of lubrication equipment, hydraulic lifts or service pits, or the outdoor display of inerchandise. �ke �39��' ,.F ,..�.,...i .. ..,a, �,t.. 1....�. v � �.� �`.:;� �Y � e�tpe ra �� e�g�a�-e € �e � e�ta�� e e--�� €e�� {-�} �,-�� e-� �.}?.��t�z�e�.3-��-- ' � � �-' . The display of merchandise within four (4) feet of the station building is permitted. No storage of any type shall be permit.ted unless it is within four (4) feet in front of the station buildinq. Caqes for exchangeable propane tanks not larQer than a 20-pound cylinder may be located in conformance with applicable Fire Codes and City approval prior to installation. Be it further ordained that Chapter 11.10 of the code of ordinances of the City of Fridley, Minnesota, be, and hereby is amended by adding a temporary display license fee in the amount of $75.00. 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 Zoning Ordinance. A copy of the ordinance, in its entirety, is available for inspection by any person during regular business hours at the offices of the City Clerk of the City of Fridley, 6431 University Avenue N.E. Fridley, NII�I 55432. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THE. Day OF , ATTEST: DEBRA A. SKOGEN - CITY CLERK Public Hearing: First Reading: Second Reading: Publication: March 20, 2000 March 20, 2000 April 10, 2000 - 13 NANCY J.JORGENSON - MAYOR CITY OF FRIDLEY PLANNING COMISSION MEETING, MARCH 15, 2000 CALL TO ORDER: Chairperson Savage called the March 15, 2000, Planning Commission meeting to order at 7:30 p.m. ROLL CALL: Members Present: Diane Savage, Larry Kuechle, Brad Sielaff Connie Modig, Dean Saba, Leroy Oquist Members Absent: Dave Kondrick Others Present: Paul Bolin, Planner Gary and Sally Bannochie, 7845 East River Road, Apt. #113 APPROVE THE MARCH 1 2000 PLANNING COMMISSION MEETING MINUTES: MOTION by Ms. Modig, seconded by Mr. Oquist, to approve the March 1, 2000, Planning Commission meeting minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING: Consideration of a Special Use Permit, SP #00-02, by Gary and Sally Bannochie to allow a residence to be built in a River Preservation District. Permit is specifically required for home proposed to be elevated, but not built on fill (Ordinance No. 1056), generally located at 665 Dover Street N.E. MOTION by Mr. Kuechle, seconded by Mr. Oquist, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBL(C HEARING WAS OPENED AT 7:34 P.M. Mr. Bolin stated that the petitioners, Gary and Sally Bannochie, are seeking a special use permit in order to construct a home not completely elevated on fill in the flood fringe district at 665 Dover Street. Homes that are not elevated on fill are permitted as a special use in the flood fringe district provided that all FEMA and State floodproofing regulations and standards provided in City Ordinance #1056 are met. Mr. Bolin stated that City Ordinance #1056 requires a special use permit for this proposed home because a po�tion of the living space is going to be elevated by the 14 P�ANNING COMMISSION h1EETING, MARCH 15, 2000 PAG tuck-under garage rather than by fill. On this property there can be no living area below � 824.1 feet above sea level of elevation according to City Code. Mr. Bolin stated this property is zoned R-1, single family residential, as are all of the surrounding properties. This lot was platted in 1922. An old home on this site was removed in 1964. In 1994, a special use permit was granted to this property and two others in the Riverview Heights neighborhood to allow these homes to be built in the flood fringe district. On this particular lot and on at least one of the others, the homes were never built. Since that time, the special use permit has expired; and in 1996, City Ordinance #1056 was adopted. Mr. Bolin stated the legal description of the lot actually states that this was four individual lots that has since been combined into one tax parcel. The home will be flood-proofed through the use of siding, cultured stone, and landscaping. The City's required setbacks are met with 11 feet along the eastern property edge, a 35-foot front yard setback, and almost 21 feet on the west side of the property. There is a retaining wall to the east of the home because the ordinance generally requires homes built on fill to have that fill extend 15 feet out all the way around the foundation of the home. In this case, in place of that on the east side is a retaining wall. The City's engineers and the petitioner's engineers looked at it and decided to do a retaining wall to not affect the natural flowage and drainage along that edge of the property. Everything will still come out towards the street as it always has. Staff recommends approval of the special use permit with the following stipulations: 1. Soil testing shall be completed and submitted by a soils engineer as required by Chapter 17 of the Uniform Building Code prior to pouring the foundation footings. 2. All necessary permits shall be obtained from the City prior to construction. 3. Siding and landscaping shall be used to minimize the impact of flood-proofing materials. 4. The petitioner shall submit an elevation certificate as part of a verifying survey prior to the foundation being capped, which shall verify that the minimum first floor elevation is 824.1 feet. 5. The petitioner shall flood-proof the garage in accordance with current Federal and State flood-proofing requirements to a minimum of the 100-year flood elevation. 6. A retaining wall shall be installed on the east side of the home to maintain existing elevation and drainage along eastern property line. 7. The builder shall grade the prope►ty to conform with the grading plan dated 2/11 /2000. 8. The verifying survey shall confirm that the grading complies with the grading plan dated 2/11/2000. 9. Erosion control measures shall be installed along the west, south, and east lot lines prior to any work done on this site. . 10. The petitioner shall execute and record against the property a hold harmless agreement releasing the City from liability if damage occurs as a result of flooding. 15 -- PLANNING COMMISSION ti1EETING, MARCH 15, 2000 PAGE 3 11. Petitioner shall plant a minimum of five (5) trees. These five trees can be a combination of over-story deciduous trees having a 2'/Z feet minimum caliper at planting and coniferous trees at least six feet in height at the time of planting. 12. City Staff must approve the removal of any additional trees. 13. The height of the structure shall not exceed 30 feet as measured from the street elevation, which is 818.54 feet. Ms. Savage asked Mr. Bolin if he has had any calls from any neighbors. Mr. Bolin stated that he has not had any comments from the neighbors. There is another lot similar to this about a block away; and they have had a lot of interest in that site lately too. People are finding out that it is possible to build in these areas if proper procedures are followed. Ms. Savage asked if any other authority such as the Watershed District has to look at this request. Mr. Bolin stated that only City Council has to look at this. It does have to go through the building permit process and be in conformance with all of the FEMA and State and Federal standards. Mr. Kuechle asked if the first stipulation was required on all lots or only lots in the flood plain. Mr. Bolin stated it is only required because it is in the flood plain and there will be some soil hauled in. Mr. Kuechle asked if stipulation #11 should have a more specific date; for example, by September 2001. � Mr. Bolin stated that would be a good idea. Mr. Oquist asked if stipulation #9 was only during construction. Mr. Bolin stated that was correct. Ms. Modig asked if the City usually has stipulations similar to #11 regarding planting trees on these types of properties. Mr. Bolin stated that the City tries to place a stipulation on these properties going through a special use permit or a lot split. Staff will go and look at any trees that are being proposed to be removed and give approval. In this case most of the trees came down last summer. The trees probably were where the home would be located; but in order to return some of the character that the property had prior to the trees coming down, they would like to see some replacement of the 12 to 15 trees that came down. 16 PLANNING COMMISSION MEETING, MARCH 15, 2000 PAGE 4 Ms. Savage asked the petitioner if he had any problem with the stipulations. i Mr. Gary Bannochie stated that he only has a problem with stipulation #11. This is a wooded lot and is not really big. The house is going to take up a lot of the lot. There are still some trees in the back and to plant five more may just add too much with the limited space in the yard. There are still some trees in the back that he really wanted to get rid of because they are dying. The neighbors on the one side let the vines grow so thick that it pulls the trees down, and they needed a tree trimmer to dress up the whole place. He may need someone to come back out and take a look at the tree situation. _ Mr. Bolin stated that it would be up to the Planning Commission to amend the stipulation. Mr. Bannochie stated there are quite a few trees in the lot already. Ms. Savage stated that it is necessary to try to replace some of the trees that have been cut down already. Mr. Bannochie stated that when the house in finished, there will be such overgrowth with the neighboring trees that shade out the lawn already, it will be hard to get sunlight in there. A lot of the trees in the back corner are dead. He does not have a problem with planting more trees, but he would rather not. Mr. Saba asked how many live trees he would have left. Mr. Bannochie stated that there are a few in there. They will be doing some landscaping, but he is not sure if adding five trees would work out. The trees in the summer time fill up on top like a big dome. Ms. Savage stated that he does have a choice with the trees he wants to plant. Ms. Modig stated that he has to have a certain amount of coniferous trees at least six feet tall at the time of planting. Mr. Bolin stated that was correct, but he could also have deciduous trees at least 2'/Z inches in caliper. Mr. Saba asked Mr. Bolin how staff arrived at five trees. Mr. Bolin stated they came up with five trees by looking at the size of the site and the number of trees that were removed. There were a number of trees that were not in the way of the house site that could have stayed up, but it is hard to tell what shape they were in. The City thought five was a fair number with the option of planting coniferous #rees or deciduous trees. 17 PLANNING COMMISSION MEETING, MARCH 15, 2000 PAGE 5 Mr. Oquist stated that they do not require this for other house construction. He knows that the lot is fairly wooded, and he can appreciate what Mr. Bannochie is talking about with it having some overgrowth. Just because he takes a tree down, he should not be required to replace it. Ms. Savage stated that maybe they should. Mr. Bolin stated that over the past year, the tree issue has come up more and more with the lot splits they have had. In the past they have been able to get a good look at the lots and have a say in which trees come down. They have not had_ to come in after the trees came down and play catch up. Mr. Bannochie stated that maybe that situation is more in a development than this type of lot. Ms. Savage stated that she can recall a number of cases where they have prohibited the removal of trees without the approval of the City. Apparently, in this case, Mr. Bannochie took down trees without approval. Mr. Bannochie stated that was true, but the trees were where the house would be built and the driveway. The two trees near the driveway area presently might need to be knocked down because they may be too close to the driveway. He might have to talk to the City about those finro trees. Mr. Oquist stated that he thinks the City has to be careful about what trees to take down. He just took down some big trees in his yard. Is the City going to be coming in to each individual home and ask what trees are going to be cut down? He had to cut his down because of the big limb hanging over the house. Ms. Savage stated that she thought this was a different situation. Mr. Bannochie stated there are a lot of big trees in the neighborhood and to add five more will be a lot. They are going to do landscaping with shrubs, etc. He probably would add a few trees, but to say that he has to plant five makes it hard to say where he would put them. Ms. Modig asked Mr. Bannochie how he would like to see stipulation #11 changed. Mr. Bannochie stated that he would like to see it changed to two trees. Possibly he would put five, but it is hard to say because he has not gotten into the landscaping part of it Ms. Savage stated he does have a choice in the trees he has to plant. : PLANNING COMMISSION MEETING, MARCH 15, 2000 PAGE 6 Mr. Saba stated that he can understand Mr. Bannochie's dilemma. A tree is a f permanent thing and to try to plant it within a time limit and within certain spaces is a tough decision to make. Ms. Savage asked how many trees he took down. Mr. Bannochie stated that he probably took down 15 where the house will be situated. Many were dead and they had a huge pile of root that was pulling the trees down and he had to get a professional tree trimmer to clean it up. Ms. Modig asked Mr. Bolin if Staff was saying that Mr. Bannochie has to come in and play catch-up because the trees were taken down. If he is saying that he took down dead trees and trees in the way of the house, is the City telling him where the trees should be planted? Mr. Bolin stated that they can be planted anywhere in the yard. MOTION by Mr. Saba, seconded by Ms. Modig, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 8:04 P.M. Ms. Savage asked if they could leave the same number of trees to be added but change the size of the trees. She likes the idea of encouraging planting of trees. Mr. Oquist stated that one of the problems with having too many trees is that grass does not grow. Mr. Saba stated that trees have been controlled in the past when developers have bought the land; but, in this case, this is going to be Mr. Bannochie's own home. Coming up with the locations for trees is a tough decision. He thinks this is going to take care of itself, they do not need the stipulation. He would support taking the stipulation right out. Mr. Oquist stated he agrees with that. Mr. Kuechle stated that he feels they should keep the stipulation but have the petitioner and City staff work together to come up with a landscaping plan between now and the City Council meeting. It seems that another tree would be lost in the front yard and they would want to look at replacing some of those. He could fairty quickly mark where the trees would be in the site plan presently. Mr. Bannochie stated that as the house gets built, it would be easier to see where the landscaping should be. t� PLANNING COMMISSION MEETING, MARCH 15, 2000 PAGE 7 Ms. Savage stated that she feels that there is a bigger issue. Should the City have a say in whether people should be able to cut down trees or not. This is a special use permit and the City is mandating a number of stipulations versus a situation where the home is already owned. Mr. Oquist stated the petitioner owns the prope�ty. Ms. Savage stated that he still had to get a special use permit. Mr. Oquist stated that this is a single family lot versus a big commercial project and they should be careful with this. Once he puts all those trees up, are they going to prevent him from taking them down? Ms. Savage stated that the City has a requirement for residential properties that people have to follow. Mr. Saba stated that in this case, he sees an exceptional situation because it is already wooded. Ms. Modig stated that most of the trees have been cut down where four houses are being built on Central Avenue at 615�. Why didn't the Planning Commission intervene there with the trees? She does not want anybody to tell her that she can or cannot have a tree. She dQes not think they can tell someone how to landscape their property. Mr. Saba stated that he did not think that they need to. People want to plant trees where they want them, but it may take a while to make that decision. Trees add to the value of the property. It is almost self-regulating, because the property owner wants the property to look the way they want it to look. MOTION by Mr. Saba, seconded by Ms. Modig, to approve Special Use Permit, SP #00-02, by Gary and Sally Bannochie, to allow a residence to be built in a River Preservation District, with the deletion of stipulation #11 as follows: 1. Soil testing shall be completed and submitted by a soils engineer as required by Chapter 17 of the Uniform Building Code prior to pouring of the foundation footings. 2. All necessary permits shall be obtained from the City prior to construction. 3. Siding and landscaping shall be used to minimize the impact of flood-proofing materials. 4. The petitioner shall submit an elevation certificate as part of a verifying survey prior to the foundation being capped, which shall verify that the minimum first floor elevation is 824.1 feet. 5. The petitioner shall flood-proof the garage in accordance with-current Federal and State flood-proofing requirements to a minimum of the 100-year flood elevation. 6. A retaining wall shall be installed on the east side of the home to maintain existing elevation and drainage along the eastern property line. � PLANNING COti1MISSION titEETiNG, MARCH 15, 2000 PAGE 8 7. The builder shall grade the property to conform with the grading pian dated f 2/11 /2000. 8. The verifying survey shall confirm that the grading complies with the grading plan dated 2/11/2000. 9. Erosion control measures shall be installed along the west, south, and east lot lines prior to any work done on this site. 10. The petitioner shall execute and record against the property a hold harmless agreement releasing the City from liability if damage occurs as a result of flooding. 11. (Stipulation deleted.) Petitioner shall plant a minimum of five (5) trees. These five trees can be a combination of over-story deciduous trees having a 2%z feet minimum caliper at planting and coniferous trees at least six feet in height at the time of planting. - 12. City Staff must approve the removal of any additional trees. 13.The height of the structure shall not exceed 30 feet as measured from the street elevation, which is 818.54 feet. Ms. Savage stated that she believed stiputation #11 requiring the five trees is a reasonable requirement and she will not be able to go along with the motion without it. It seems to her there are many situations where they have required homeowners to not cut down trees without approval of staff. Mr. Oquist stated they have not had the requirement for homeowners to plant trees and how many. He agrees with Mr. Saba. Mr. Bannochie stated that he is planning on putting at least two trees in. Mr. Oquist stated that if Mr. Bannochie did not have a special use permit, they would not even be talking about the trees. Mr. Kuechle stated that this is the only place they have leverage. He agrees with Ms. Savage. He would be in favor of granting the special use permit with some flexibility of stipulation #11. He feels they need to send the message that they want the City to look good and this is one way of doing it. Mr. Oquist asked Mr. Kuechle what he meant by being flexible. Mr. Kuechle stated that he believes that the petitioner could work something out with City staff. Mr. Oquist stated that Mr. Bannochie cannot work something out until summer comes so he can see what the existing trees look like and whether he will need five trees and how many will survive. Ms. Modig stated that if Mr. Bannochie did not want any trees, he would not have bought the lot, so it is not a matter of him trying to get rid of the trees. 21 PLANNING COMMISSION MEETING, MARCH 15, 2000 ' PAGE 9 Ms. Savage stated that is not the issue. The issue is whether the City should have a say in the appearance of the City. Mr. Oquist stated that they would then have to change the ordinance. When they issue a building permit for a new house, they would have to dictate what the landscape would look like. Mr. Sielaff asked if the real issue is whether they retain-the trees on the lot. Mr. Oquist stated that he has got that with stipufation #12. Ms. Savage stated that he has already removed a number of trees, which is the reason for stipulation #11. Ms. Modig stated that he removed the trees because they were dead. Ms. Savage stated that when you remove a dead tree, you should replace it. Mr. Oquist stated that there are reasons to plant trees and reasons to cut them down. He does not.think they should tell a person to put more trees on a lot when you do not need them. Mr. Sielaff asked how many trees would remain on the property wheR #he �iouse is built. Mr. Bannochie stated that there are quite a few trees remaining. He is going to replace some trees, but he does not know how many. There are trees in the back and front and pines on one side that are half-dead. Mr. Kuechle asked if they could vote on stipulation #11 separately. He is in favor of granting the special use permit but does not want to vote "no" because he objects to elimination of stipulation #11. Mr. Saba stated that he has that opportunity to put that on record. Ms. Modig stated that she does not think the motion will pass if Mr. Kuechle votes against it. Mr. Kuechle stated that if Mr. Saba withdrew his motion and made a motion to delete stipulation #11, Mr. Kuechle and Ms. Savage could vote against that and they could bring up the whole thing and they could all vote in favor of it with stipulation #11 separate. Mr. Oquist stated they should leave the motion and make a second motion afterwards to make a recommendation to add or delete it. 22 PLANNING COMMISSION MEETING, MARCH 15, 2000 PAGE 10 Ms. Modig stated that someone could issue an amendment to the motion on the floor and vote on it as a separate issue. Mr. Saba stated that they would have to remove the motion completely and reconfigure the whole thing. Mr. Kuechle stated that if Mr. Saba withdrew the motion, could they vote on including stipulation #11 or not? Then, they could vote for the overall approval of the special use permif. MOTION by Mr. Saba, seconded by Ms. Modig, to withdraw the motion UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Mr. Saba, seconded by Mr. Oquist, to exclude stipulation #11 from the list of stipulations for Special Use Permit, SP #00-02. UPON A VOICE VOTE, OQUIST, SABA, SIELAFF, AND MODIG VOTING AYE, SAVAGE AND KUECHLE VOTING NAY, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED 4-2. MOTION by Mr. Saba, seconded by Mr. Oquist, to approve Special Use Permit, SP. #00-02, by Gary and Sally Bannochie to allow a residence to be built in a River Preservation District, at 665 Dover Street N.E., with stipulation #11 excluded and renumbered as follows: 1. Soil testing shall be completed and submitted by a soils engineer as required by Chapter 17 of the Uniform Building Code prior to pouring the foundation footings. 2. All necessary permits shall be obtained from the City prior to construction. 3. Siding and landscaping shall be used to minimize the impact of flood-proofing materials. 4. The petitioner shall submit an elevation certificate as part of a verifying survey prior to the foundation being capped, which shall verify that the minimum first floor elevation is 824.1 feet. 5. The petitioner shall flood-proof the garage in accordance with current Federal and State flood-proofing requirements to a minimum of the 100-year flood elevation. 6. A retaining wall shall be installed on the east side of the home to maintain existing elevation and drainage along the eastern property line. 7. The builder shall grade the property to conform with the grading plan dated 2/11 /2000. 8. The verifying survey shall confirm that the grading complies with the grading plan dated 2/11/2000. 9. Erosion control measures shall be installed along the west, south, and east lot lines prior to any work done on this site. 23 �LANNING COMMISSION MEETING, MARCH 15, 2000 PAGE 11 10.The petitioner shail execute and record against the property a hold harmless agreement releasing the City from liability if damage occurs as a result of flooding. 11. City Staff must approve the removal of any additional trees. 12. The height of the structure shall not exceed 30 feet as measured from the street elevation, which is 818.54 feet. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Saba stated that City Council will make the final decision. 2. RECEIVE THE MINUTES OF THE FEBRUARY 15s 2000, ENVIRONMENTAL QUALITY ANO ENERGY COMMISSION MEETING: MOTION by Mr. Sielaff to receive the minutes of the February 15, 2000, Environmental Quality and Energy Commission meeting. Seconded by Ms. Modig. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. OTHER BUSINESS Mr. Bolin updated the Commission on past City Council actions: --�` �- ` Mr. Bolin stated this was Mr. Sielaff's last Planning Commission meeting, as he has chosen not to be reappointed to the Environmental Quality & Energy Commission. Mr. Bolin thanked Mr. Sielaff for all of his years of service on the Planning Commission, Environmental Quality & Energy Commission, and other committees he has served on for the City of Fridley. Mr. Sielaff stated that he has really enjoyed his time on the Commissions. ADJOURNMENT: MOTION by Mr. Oquist, seconded by Mr. Saba, to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE MARCH 15, 2000, PLANNING COMMISSION ADJOURNED AT 8:30 P.M. Respectfully submitted, � ' �� -�J Si e L. hnson �, Recording Secretary _ 24 � � arr oF FRIDLEY Date: To: From: RE: AGENDA ITEM CITY COUNCIL MEETING OF APRIL 10, 2000 4/4/00 � William Burns, City Manager �, ` Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Paul Bolin, Planner Planning Commission action on SP #00-02 M-00-58 INTRODUCTION Mr. & Mrs. Bannochie, petitioners, are requesting a special use permit to construct a home, not elevated on fill, in the Flood Fringe District at 665 Dover Street. Code Section 205.24.5 requires that a special use permit may be issued to construct a home using alternative elevation methods, such as a tuck under garage in this case, provided that all living space is located at an elevation above the flood level. These alternative elevation methods must be designed and certified by a registered engineer or architect as being in compliance with applicable building codes, including federal standards for flooding. PLANNING COMMISSION ACTION At the March 15, 2000 Planning Commission meeting, a public hearing was held for SP #00-02. After a lengthy discussion over proposed stipulation #11, requiring the petitioner to plant 5 trees, a motion was made and seconded to exclude stipulation #11 from the list of stipulations for SP #00-02. UPON A VOICE VOTE, OQUIST, SABA, SIELAFF, AND MODIG VOTING AYE, SAVAGE AND KUECHLE VOTING NAY, CHAIRPERSON SAVA�GE DECLARED THE MOTION CARRIED 4-2. Following the action on the removal of stipulation #11, a motion was made to approve Special Use Permit, SP #00-02 to allow a residence to be built in a River Preservation District, at 665 Dover Street N.E., with stipulation #11 excluded and renumbered as follows: 1. Soil testing shall be completed and submitted by a soils engineer as required by Chapter 17 of the Uniform Building Code prior to pouring the foundation footings. 2. All necessary permits shall be obtained from the City prior to construction. 3. Siding and landscaping shall be used to minimize the impact of flood-proofing materials. 4. The petitioner shall submit an elevation certificate as part of a verifying survey prior to the foundation being capped, which shall verify that the minimum first floor elevation is 824.1 feet. 25 5. The petitioner shall flood-proof the garage in accordance with current Federal and State flood-proofing requirements to a minimum of the 100-year flood elevation. 6. A retaining wall shall be installed on the east side of the home to maintain existing elevation and drainage along the eastern property line. 7. The builder shall grade the property to conform with the grading plan dated 2/11/2000. 8. The verifying survey shall confirm that the grading complies with the grading plan dated 2/11 /2000. 9. Erosion control measures shall be installed along the west, south, and east lot lines prior to any work done on this site. 10.The petitioner shall execute and record against the property a hold harmless agreement releasing the City from liability if damage occurs as a result of flooding. 11. City Staff must approve the removal of any additional trees. 12. The height of the structure shall not exceed 30 feet as measured from the street elevation, which is 818.54 feet. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMENDATION City Staff recommends that the City Council concur with the Planning Commission recommendation and grant the proposed Special Use Permit, SP #00-02. Staff further recommends that the original stipulation #11 be included as worded below. 11. Petitioner shall plant a minimum of five (5) trees. These five trees can be a combination of over-story deciduous trees having a 2'/Z feet minimum caliper at _ptanting and-coniferous trees at least six feet in height at the time of planting. � City of Fridley Land Use Application SP-00-02 March 15, 2000 GENERAL I��IFORMATION Applicant: Gary & Sally Bannochie 7845 East R.iver Rd., Apt. 113 Fridley, MN 55432 Requested Acrion: Special Use Permit Purpose: To build a home in a Flood Fringe District. Peimit is specifically required for homes proposed to be elevated, but not built on fill. Existinng Zoning: R-1 (Single Family Residential) Locarion: 665 Dover Street Size: 9,978 square feet .23 acres Existing Land Use: Single family home. Surrounding Land Use & Zoning: N: Single family; R-1 E: Single family; R-1 S: Single family; R-1 W: Single family; R-1 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Ordinance #1056 requires a special use permit for homes proposed to be elevated, but not built on fill. Zoning History: 1922 - Lot is platted. 1964 - Dilapidated home removed. 1994 -SP #94-OS granted, but home never built. 1996 - SP#94-OS expired, due to adoption of the floodplain ordinance. SPECIAL INFORVIATION LeQal Description of Properiy: � Lots 13-16, Block V, Riverview Hghts. Public Utilities: � A��ailable in street. Transportarion: Properiy is accessed from Dover Street. Physical Characterisrics: Lot is relarively flat, typical suburban lot vegetation. SU�IMARY OF PROJECT Mr. & Mrs. Bannochie, petitioners, are requesting a special use pernut to construct a home, not elevated on fill, in the Flood Fringe District. SU�LVIARY OF ANALYSIS City Staff recommends approval of this special z�se permit, with stipz�lations. Homes that are not elevated on fill are a permitted special use in the flood fringe district provided that all FEMA and State floodproofing regulations and standards provided in Ordinance #1056 are met. CITY COUNCIL ACTION / 60 DAY DATE 27 Staff Report Prepared by: Paul Bolin SP 00-02 Analvsis �ir. & Mrs. Bannochie, petitioners, are requestina a special use pemut to construct a home, not elevated on fill, in the Flood Fringe District. Ordinance #1056 requires that a special use permit may be issued to construct a home using alternarive elevarion methods, such as a tuck under garaDe in this case, provided that all livin� space is located at an elevation above the flood level. These alternative elevation methods must be desi�ed and certified by a registered engineer or architect as being in compliance with applicable building codes, includin� federal standards for flooding. On this particular property, there can be no living area below 824.1' in elevation. When homes are built on fill, there is generally a 15' area of compacted fill s�urounding the structiu-e. On this property, the petitioner is utilizing a retaining wall on the east side of the home rather than the compacted 15' of fill in order to preserve the natural drainage found on that side of the lot. Prior to making application for the special use permit, the petitioner removed a number of trees from the site and drastically changed the character of the lot. In all land use cases, staff places a stipulation stating that all trees proposed to be removed must be marked and approved by City Staff. In this case, the trees have already been removed and staff is requiring that 5 trees be planted on the site by the petitioner. In 1994, this property was one of three properties, owned by George Hedlund, granted a special use pemut to allo�v construction in the CRP-2 (Flood Fringe) District. This special use permit, which has since lapsed due to the fact that a home was never built and Ordinance #1056 was developed, had a list : of 12 stipulations attached to approval. The applicable stipulations have been transferred to this special use pemut. Staff Recommendation City Staff recommends approval of this special use permit, with stipulations. Homes that are not elevated on fill are a permitted special use in the flood fiinge district provided that all Federal and State flood-proofing regulations and standards provided in Ordinance #1056 are met. Stipulations Staffrecommends the Planning Commission approve the special use pemut subject to the following stipulations: 1. Soil testing be completed and submitted prior to pouring of foundation footings. 2. All necessary pemuts shall be obtained from the City prior to conshuction. 3. Siding and landscaping shall be used to muiimize the impact of flood-proofing materials. 4. The petitioner shall submit an elevation certificate as part of a verifying survey prior to the foundation being capped, which shall verify that the minimum first floor elevation is 824.1'. 5. The petitioner shall flood-proof the garage in accordance with cuirent Federal and State flood- proofing requirements to a minimum of the 100 year flood elevation. 6. Retaining wall shall be installed on east side of home to maintain existing elevation and drainage along eastern properiy line. 7. The builder shall grade the properry to conform with the grading plan dated 2/11/00. 8. The verifying survey shall confirm that the grading complies with the grading plan dated 2/11/00. 9. Erosion control measures shall be installed along the west, south, and east lot lines prior to any work done on this site. 10. The petitioner shall execute and record against the property a hold harmless agreement releasing the City from liability if damage occurs as a result of flooding. 11. Peritioner shall plant a minimum of five (5) trees. These 5 trees can be a combination of over-story deciduous trees having a 2'/z" minimum caliper at planting and coniferous trees at least 6' in height at the time of planting. 12. The removal of any additional trees must be approved by City Staff. 13. The petitioner shall sign a combination foml, combuung the property into one tax statement prior building pemut issuance. 14. The height of the struchue shall not exceed 30 feet as measured from the street elevation which is 818.54 feet. 29 � cmr oF FRIDLEY Date: 4/4/00 � AGENDA ITEM CITY COUNCIL MEETING OF APRIL 10, 2000 To: William Burns, City Manager From: Paul Bolin, Planner �� :� Scott Hickok, Planning Coordinator Barbara Dacy, Community Development Director RE: Time Extension For VAR #99-03 M-00-60 INTRODUCTION Scott & Maria St. Arnold, homeowners at 350 Ironton Street, were granted VAR #99-03 on April 14, 1999, in order to decrease the required front yard setback from 35' to 28' for the construction of a 96 square foot, covered entrance foyer. Due to the birth of a child and other personal reasons, the foyer has not been constructed. The St. Arnold's are requesting a one-year extension on the variance. They plan to begin construction this spring. PLANNING STAFF RECOMMENDATION City Staff recommends the City Council extend variance #99-03 for one year, until April 14, 2001. This additional time will allow the petitioner to add the covered foyer. � 0 d 0 C . . �� `� - �; C; �.�)�A� PA4.L �� C\�.�n • l.�J i f�-t 3 : � U � c c �� o n S + . �: �, : �, '� � t� r ::, � �. � � o c � U A c� W�� ..�, �1 ��. �.�. c, �� . r'tS� S P r��nq . J ��1.� � c�: + v�. .� .at � � \� , l.c.) cr l.-�; � �C �, u.�1 W � ( `c. + c� �}. q�'�- G ..,.-c � i o S �: c�-1� � S ,P \ � v'1 v� �,� • 1 �'1 �. (3 : r i- h o� o�.�.� -�;�-�� c�,;►jj ��.�t �5 �;ti�n�',A��y A �� -r�,Y,,,� c � n, e �o �, ; s�, +�. �:J E.. � c�-..\ D N1 o w� v sr, � Y�, �� M�c,� (-� e e � ti,c : Ac �C 4.._ (� v\ �.Y� }'`�c:'v� S� b �� -� c7 S� �1v-� n � �: (� 5'4 i �.�. G.. �� t'� � '�"'h � 5 S�;', r�. �..c.% �. Pt ��, n O �:.� (L.ot� v�"�A��'.Z�,.� y-` c,� r.1� �£..��. �-L.� ;; c J4..c-� `cj��- <<...i E.�n-�'��j• 1 �n w :� � � � �%.. �' G � C..1 � �.�, f I C,:; . � 5 : 'O !.. � A � • G �.� . 31 `�r�r,a� v- S�o'��r 5�. (�r-v�cL� 3s� � �� „�� s� . r�,o��, c� �� - ��U -� y�a� V��,�nc.�, � 9`j— 03 / AGENDA ITEM � CITY COUNCIL MEETING OF APRIL 10, 2000 CRY OF FRIDLEY Apri16, 2000 TO: William W. Burns �F � City Manager � FR: Jack Kirk Director RE: 2000 PLAYGROUND EQUIPMENT BIDS On Wednesday, March 22"d at 10:00 a.m. the bids were opened for the 2000 playground equipment projects. There were three companies submitting proposals for the five playground sites being upgraded this year. On Monday, March 27`h and Tuesday, March 28`�' the playground equipment proposals were on display at the Municipal Center. Neighborhood residents were invited to review the proposals, make comments, and provide input on the selection of the projects. Twenty-one people reviewed the equipment during this time. The staff recommendation for the playground projects is to award as follows: 1) Community,Flanery, Jubilee and Locke Parks to Flanagan Sales with the Little Tykes line of play equipment; and 2) Creekridge Park to Minnesota/Wisconsin Playgrounds with the Game Time line of equipment. P(ay equipment evaluations are based on a number of factors including equipment quality, safety considerations, aesthetic appeal, the play experience provided, and installation experience. We have worked with the two companies (Flanagan Sales and Minnesota/Wisconsin Playgrounds) in the past and are very satisfied with the products. I am recommending that the City Council receive the bids on the playground equipment projects and award the contracts to Flanagan Sales for the projects listed below. To Flanagan Sales: Project Location Amount 328a. Community Park $21,000 328c. Flanery Park $34,000 328d. Jubilee Park $28,000 328e. Locke Park $30,000 To Minnesota/Wisconsin Playgrounds, Inc.: Pro,�ect Location Amount 328b. Creekridge Park $21,000 If you have any questions on these projects, or need additional information, please let me know. JK: sj 32 � � � .� L � O � .� V � .� a� � a .. .a � � C� � oA 0 y � s� 0 N h � � � �� x �� C ti 3� w W r� A� � � � i�, bA G � �.+ � � � M . i.r �". G" O �, W z U .� � �O M p L �-�� - a � � CC a 0 0 0 N F. o o e O = 6. O O Z .°--•N Mw F'�" caii Q pOVi �' '� II II II �� 'ce � e�e � II 6�9 65 69 F O Y Y� N t� � p o O y II 11 II a� acn.'OU oa e�o°�° n,Y"�eY Q Nrivz NV'�� cv cnc Vf c0 'L7 i0 .--� M R v1 O O O V a�°o O O O pyM° o 0 0 `� `v bMR 6�M9 bM9 0 aa�o 0 0 0 CO 0. 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CHAMPA, MANAGEMENT ASSISTANT SUBJECT: RESOLUTION AFFIRMING THE CHANGE IN CONTROL OF CABLE TELVISION FRANCHISEE � DATE: FEBRUARY 9, 2000 Attached is a resolution that affirms the stock-for-stock merger between Time Warner Inc. and America Online, Inc. This transaction will result in a change of control of Time Warner who has been granted a cable television franchise by the City of Fridley. During the March 20, 2000 public hearing on this matter, the City was assured that the transfer of ownership would cause no interruption in cable service or any adverse impact on customers. Staff recommends approval of this resolution. � 34 � RESOLUTION NO. - 2000 A RESOLUTION PROVIDING FOR THE CHANGE IN CONTROL OF A CABLE TELEVISION FRANCHISEE WHEREAS, the City of Fridley ("Franchising Authority") has granted a franchise to a subsidiary (the "Franchisee") of Time Warner Inc. ("TWI") to provide cable television service; and WHEREAS, TWI and America Online, Inc. ("AOL") have entered into an Agreement and Plan of Merger (the "Merger Agreement") dated as of January 10, 2000; and WHEREAS, the Merger Agreement will result in a stock-for-stock merger (the "Transaction") in which TWI and AOL will merge with subsidiaries of a newly formed holding company; and WHEREAS, as a result of the Transaction both TWI and AOL will become wholly owned subsidiaries of the new company, AOL Time Warner Inc.; and WHEREAS, the Franchising Authority has concluded the Transaction will result in a change of control of the Franchisee; and WHEREAS, the Franchising Authority conducted a public hearing on March 20, 2000, to assess the effect of the proposed transfer of ownership between TWI and AOL; and WHEREAS, the Franchising Authority has been assured by representatives from TWI that the transfer of ownership would cause no interruption in service or adverse impact on customers; - NOW, THEREFORE, BE IT RESOLVED BY THE FRANCHISiNG AUTHORITY: 1. To the extent required under the terms of the Franchise, the Franchising Authority authorizes and consents to any change in control of the Franchisee resulting from the Transaction. 2. The Franchisee shall remain responsible for all obligations under the Franchise. 3. The foregoing consent shall be effective upon the closing of the Transaction. PASSED AND ADOPTED BY THE CITY COUNCIL OF T`I� CITY OF FRIDLEY THIS DAY OF APRIL, 2000. ATTEST: DEBRA A. SKOGEN - CITY CLERK 4 35 NANCY J. JORGENSON - MAYOR � � CfTY OF FRIDLEY AGENDA ITEM COUNCIL MEETING OF APRIL 10, 2000 CLAIMS 92535 - 928A�7. 36 � 0 : 0 � � CRY OF FRIDLEY LICENSES CITY COUNCIL MEETING OF APRIL 10, 2000 Type of License BILLIARDS American Legion Post 303 7365 Central Avenue NE Fridley, MN 55432 Billiard Street Cafe 7178 University Avenue NE Fridley, MN 55432 BOWLING ALLEY AMF Maple Lanes 6310 Highway 65 NE Fridley, MN 55432 CHARITABLE GAMBLING American Legion Post 303 7365 Central Avenue NE Fridley, MN 55432 Joe Dimaggio's Sports Bar 1298 East Moore Lake Drive Fridley,MN 55432 Main Event 7820 University Avenue NE Fridley, MN 55432 Sandee's 6490 Central Avenue NE Fridley, MN 55432 Shar�c 3720 East River Road Fridley, MN 55421 Shorewood Inn, Inc. . 6161 Highway 65 NE I Fridley, MN 55432 G � Madeleine Saltness Greg Asproth AMF Bowling Centers Madeleine Saltness George Vespa Wendy Benincasa Approved By: Police Department Fire Department Community Development Police Department Fire Department Community Development Police Department Fire Department Community Development Police Department Fire Department Community Development Police Department Fire Department Community Development Police Department Fire Department Community Development Gary Braam Police Department Fire Department Community Development Richard DeFoe James Nicklow 37 Police Department Fire Department Community Development Police Department Fire Department Community Development Fees: $140.00 $340.00 $350.00 $300.00 $300.00 $300.00 $300.00 $300.00 $300.00 Type of License � CHARITABLE GAMBLING (CONTINUED) Spikers Patrick Pelstring 7651 Highway 65 Fridley, MN 55432 CIGARETTE SALES 21St Century Food & Fuel, Inc. 7883 East River Road Fridley, MN 55432 American Legion Post 303 7365 Central Avenue NE Fridley, MN 55432 Ashland Station/Totem Foods 4635 Central Avenue NE Fridley, MN 55421 Avanti Petroleum/Mobil #5678 6101 University Avenue NE Fridley, MN 55432 Billiard Street Cafe 7178 University Avenue NE Fridley, MN 55432 Cub Foods 250 — 57th Avenue NE Fridley, MN 55432 Fridley Amoco 7680 Highway 65 Fridley, MN 55432 CLUB ON-SALE LIQUOR American Legion Post 303 7365 Central Avenue NE Fridley, MN 55432 Fridley VFW 1040 Osborne Road NE Fridley, MN 55432 Knights of Columbus 6831 Highway 65 NE Fridley, MN 55432 � Approved By: Police Department Fire Department Community Development Yi Thao Police Department Fire Department Community Development Madeleine Saltness Sikander A. Dar Police Department Fire Department Community Development Police Department Fire Department Community Development Mary Faulk Police Deparktnent Fire Department Community Development Greg Asproth Kim M. Erickson Police Department Fire Department Community Development Police Department Fire Department Community Development Sue Nelson Police Department Fire Department Community Development Madeleine Saltness Police Department Fire Department Community Development Ronnie Saba Police Department Fire Department Community Development Gerald Lefavre : Police Department Fire Department Community Development i Fees: $300.00 $125.00 $125.00 $125.00 $125.00 $125.00 $125.00 $125.00 $700.00 $850.00 $ 850.00 � 5 • Type of License ENTERTAINMENT American Legion Post 303 7365 Central Avenue NE Fridley, MN 55432 Fridley VFW 1040 Osborne Road NE Fridley, MN 55432 Knights of Columbus 6831 Highway 65 NE Fridley, MN 55432 Main Event 7820 University Avenue NE Fridley, MN 55432 Sharx 3720 East River Road Fridley, MN 55421 FIREARMS DISCHARGE Stanton O. Berg 6025 Gardena Lane Fridley, MN 55432 FOOD 21 S` Century Food & Fuel, Inc. 7883 East River Road Fridley, MN 55432 AMF Maple Lanes 6310 Highway 65 NE Fridley, MN 55432 American Legion Post 303 7365 Central Avenue NE Fridley, MN 55432 Ashland Station/Totem Foods 4635 Central Avenue NE Fridley, MN 55421 Avanti Petroleum/Mobil #5678 6101 University Avenue NE Fridley, MN 55432 � Madeleine Saltness - Approved By: Police Department Fire Department Community Development Ronnie Saba Police Department Fire Department Community Development Gerald Lefavre Wendy Benincasa Richard DeFoe Stanton O. Berg Police Department Fire Department Community Development Police Department Fire Department Community Development Police Department Fire Department Community Development Police Department Yi Thao Police Department Fire Department Community Development AMF Bowling Centers Madeleine Saltness Sikander A. Dar Police Department Fire Department Community Development Police Department Fire Department Community Development Police Department Fire Department Community Development Mary Faulk Police Department Fire Department Community Development - 39 Fees: $300.00 $ 25:00 $ 45.00 $ 45.00 $ 45.00 $ 45.00 $ 45.00 Type of License � FOOD (CONTINUED) Billiard Street Cafe Greg Asproth 7178 University Avenue NE Fridley, MN 55432 Cub Foods Kim M. Erickson 250 — 57`h Avenue NE Fridley, MN 55432 Fireside Rice Bowl Oliver Tam 1160 Fireside Drive NE Fridley, MN 55432 Fridley Amoco Sue Nelson 7680 Highway 65 Fridley, MN 55432 HOTEL-MOTEL Best Western Kelly Inn Kelly Capital I Ventures 5201 Central Avenue NE Fridley, MN 55421 MANAGERIAL LIQUOR DISPENSING AMF Maple Lanes Michael Bardaro 6310 Highway 65 NE Fridley, MN 55432 Fireside Rice Bowl Oliver Tam 1160 Fireside Drive NE Fridley, MN 55432 Ground Round Russell Savran 5277 Central Avenue NE Fridley, MN 55432 Joe Dimaggio's Sports Bar George Vespa 1298 East Moore Lake Drive Fridley,MN 55432 Main Event Wendy Benincasa 7820 University Avenue NE Fridley, MN 55432 Sandee's Gary Braam 6490 Central Avenue NE Fridley, MN 55432 . � Approved By: - Police Department Fire Department Community Development Police Department Fire Department Community Development Police Department Fire Department Community Development Police Department Fire Department Community Development Police Department Fire Department Community Development Police Department Fire Department Community Development Police Department Fire Department Police Department Fire Department Community Development Police Department Fire Department Community Development Police Department Fire Department Community Development Police Department Fire Department Community Development Fees• ' $ 45.00 $ 45.00 $ 45.00 $ 45.00 $725.00 $ 10.00 $ 10.00 �' $ 10.00 ; $ 10.00 $10.00 $10.00 � ' Type of License - � MANAGERIAL LIQUOR DISPENSING (CONTINUED) Sharx Richazd DeFoe 3720 East River Road Fridley, MN 55421 Shorewood Inn, Inc. 6161 Highway 65 NE Fridley, MN 55432 Spiker's 7651 Highway 65 Fridley, MN 55432 Stuart Anderson's Cattle Co. 5696 University Avenue NE Fridley, MN 55432 James Nicklow Gordon Skamser Patrick Kelvie MOTOR VEHICLE BODY REPAIR Buttweiler Auto Body, Inc. Tim Buttweiler 7869 Beech Street NE Fridley, MN 55432 OFF-SALE BEER 215 Century Food & Fuel, Inc. Yi Thao 7883 East River Road Fridley, MN 55432 Cub Foods 250 — 57`h Avenue NE Fridley, MN 55432 Ozzie's 620 Osborne Road Fridley, MN 55432 Sam's Club #6310 8150University Avenue NE Fridley, MN 55432 Kim M. Erickson Robert A. Wineman Sam's West, Inc. Super America Michael J Rasnak 7299 Hwy 65; 7449 E River Rd ; 5667 University Ave NE Fridley, MN 55432 Texas Foods, Inc. 1301 Mississippi Street NE Fridley, MN 55432 Raymond L. Jedneak " 41 Approved By: Police Department Fire Department Community Development Police Department Fire Department Community Development Police Department Fire Department Community Development Police Department Fire Department Community Development Police Department Fire Department Community Development Police Department Fire Department Community Development Police Department Fire Department Community Development Police Department Fire Department Community Development Police Department Fire Department Community Development Police Department Fire Department Community Development Police Department Fire Department Community Development Fees: $ 10.00 $ 10.00 $ 10.00 $ 10.00 $150.00 $ 60.00 $ 60.00 $ 60.00 $ 60.00 $ 60.00 $ 60.00 Type of License ON-SALE LIQUOR AMF Maple Lanes 6310 Highway 65 ��1E Fridley, MN 55432 Fireside Rice Bowl 1160 Fireside Drive NE Fridley, MN 55432 Ground Round 5277 Central Avenue NE Fridley, MN 55432 Joe Dimaggio's Sports Bar 1298 East Moore Lake Drive Fridley,MN 55432 Main Event 7820 University Avenue NE Fridley, MN 55432 Sandee's 6490 Central Avenue NE Fridley, MN 55432 Shar�c 3720 East River Road Fridley, MN 55421 Shorewood Inn, Inc. 6161 Highway 65 NE Fridley, MN 55432 Spiker's 7651 Highway 65 Fridley, MN 55432 Stuart Anderson's Cattle Co, 5696 University Avenue NE Fridley, MN 55432 PAWN SFIOP Cash `N Pawn 201— 57`�' Avenue NE Fridley, MN 55432 � Michael Bazdaro Oliver Tam Russell Savran George Vespa Wendy Benincasa Approved By: Police Department Fire Department Community Development Police Department Fire Department Police Department Fire Department Community Development Police Department Fire Department Community Development Police Department Fire Department Community Development Gary Braam Police Department Fire Department Community Development Richard DeFoe James Nicklow Gordon Skamser Patrick Kelvie Alan L. Cross 42 Police Department Fire Department Community Development Police Department Fire Department Community Development Police Department Fire Department Community Development Police Department Fire Department Community Development Police Department Fees: • $6,200.00 $7,200.00 $8,200.00 $7,700.00 $8,200.00 $6,200.00 $9,200.00 $8,200.00 $9,200.00 $8,200.00 $3,000.00 _ � . i 5 - Type of License � PRIVATE GASOLINE PUMP Determan Brownie, Inc. Tom Determan 1241 — 72"d Avenue NE Fridley MN 55432 REFUSE HAULER Ace Solid Waste 3118 — 162"d Lane NW Anoka, MN 55304 Aspen Waste Systems, Inc. 2523 Wabash Avenue Saint Paul, MN 55114 Dennis Fredrickson Robert Kircher RETAIL GASOLINE SALES 21 S` Century Food & Fuel, Inc. Yi Thao 7883 East R.iver Road Fridley, MN 55432 Ashland Station/Totem Foods 4635 Central Fridley, MN 55421 Avanti Petroleum/Mobil #5678 6101 University Avenue NE Fridley; MN 55432 Fridley Amoco 7680 Highway 65 Fridley, MN 55432 Sikander A. Dar Approved By: Police Department Fire Department Community Development Police Department Fire Department Community Development Police Department Fire Department Community Development Police Department Fire Department Community Development Police Department Fire Department Community Development Mary Faulk Police Department Fire Department Community Development Sue Nelson Police Department Fire Department Community Development TREE REMOVAL AND TREATMENT Central Minnesota Tree Service James R. Savre 144 Satellite Lane NE Fridley, MN 55432 USED MOTOR VEHICLE SALES A-E Auto Sales Samir Awaijane 990 Osborne Road Fridley. MN 55432 Copart Salvage Auto Auctions 3737 East River Road Fridley, MN 55421 Friendly Chevrolet 7501 Highway 65 NE ' Fridley, MN 55432 Paul A. Styer Roger J. Moody r 43 Public Works Police department Community Development Police Department Community Development Police Department Community Development - Fees: $ 30.00 $ 60.00 $ 60.00 $ 60.00 $ 60.00 $125.00 $12�.00 $ 40.00 $150.00 $150.00 $150.00 / � CCCYOF FRtDLEY AGENDA ITEM CITY COUNCIL MEETING OF APRIL 10, 2000 Approval of Residential Rental Property Licenses Prope�'ty Add�'ess UNts Owner Nen� A�It or � Nan� Locetlon 2 1/2 St. NE 4655 2 Maynard Nielsen Fridley MN 55432 2 1/2 St. NE 5770 11 Allen Hoffer Fridley MN 55432 2 1/2 St. NE 5780-90 1 Brenda Aumock Fridley MN 55432 2 1/2 St. NE 5791 2 Violet Rocek New Brighton MN 55112 2 1/2 St. NE 5800 4 Ernest Woodrich Fridley MN 55432 2 1/2 St. NE 5820 3 Robert Mack Fridley MN 55432 2 1/2 St. NE 5846 6 Jerald P. Janson Columbia Hts MN 55421 2 1/2 St. NE 5900 7 John Weber Jane Hatton Ham Lake MN 55304 2 1/2 St. NE 5908 7 Anoka County Comm Action Prgm Carrie Kopacek Blaine MN 55434 2 1/2 St. NE 5916 7 Anoka Counry Comm Action Prgm Carrie Kopacek Blaine MN 55434 2 1/2 St. NE 5924 7 Daniel Butte�eld D& A Highlander LLP Minneapolis MN 55404 2 1/2 St. NE 5980 4 Paul Schulz Fridley MN 55432 2nd St. NE 5770 7 Thomas or Mary Lee Wolff Fridley MN 55432 2nd St. NE 5801 3 J.E. Finkelstein Expert Realty Mgmt St Louis Park MN 55416 2nd St. NE 5816 1 Eugene Tomas Fridley MN 55432 2nd St. NE 5830 4 Violet S. Woods Fridley MN 55432 2nd St. NE 5848 8 Mark Velander Brooklyn Park MN 55443 2nd St. NE 5851 11 Midwest Investment LLP Courtland Real Estate Serv Chaska MN 55318-1043 2nd St. NE 5866 4 Mark Velander Brooklyn Park MN 55443 2nd St. NE 5936-38 1 Jerry McNurlin Fridley MN 55432 2nd St. NE 5940-42 2 Robert Hosman Fridley MN 55432 2nd St. NE 6001-03 1 Chris Kalla Fridley MN 55432 2nd St. NE 6008 4 Anoka Counry Comm Action Prgm Carrie Kopacek Blaine MN 55434 2nd St. NE 6061 4 Robert L Brama Thomas A. Brama St. Anthony MN 55418 2nd St. NE 6511 4 Chester Gromek Minneapolis MN 55418 2nd St. NE 6525 7 Paul Johnson Roseville MN 55113 2nd St. NE 6530 4 Alphonse & Regina Klisch Minneapolis MN 55413-1237 2nd St. NE 6541 5 James & Jean Johnson Fridiey MN 55432 � Wednesday, March 29, 2000 Page 1 of 15 ^ � 44 - � 6 PI'Op�'ty AI��'9SS I1�S UWI191' �119 A� a' �18SS N�119 LOCBtial 2nd St. NE 6551 7 Omar Nelson Fridiey MN 55432 3rd St. NE 4901 7 Amold Elmquist Ace Ron Apartments Shoreview MN 55126 3rd St. NE 4913 7 Ronald D. Elmquist Mounds View MN 55112 3rd St. NE 4921 7 Nicholas Elmquist Minneapolis MN 55418 3rd St. NE 4939 7 Special Account Apartments Elmquist Partnership Shoreview MN 55126 3rd St. NE 4949 7 Special Account Apartments Elmquist Partnership Shoreview MN 55126 3rd St. NE 4965 11 Excelsior Properties New Brighton MN 55112 3rd St. NE 4985 11 Excelsior Properties New Brighton MN 55112 3rd St. NE 5005 11 Excelsior Properties New Brighton MN 55112 3rd St. NE 5025 11 Excelsior Properties New Brighton MN 55112 3rd St. NE 5035 7 Milton Carlson Fridley MN 55421 3rd St. NE 5057 2 Edward Otremba Fridley MN 55421 3rd St. NE 5069-71 2 Dean E. Hoskins Fridley MN 55421 3rd St. NE 5121-23 1 Michael W.S. Crandall Fridley MN 55421 3rd St. NE 5131-35 2 Andrew Kociscak Little Canada MN 55117 3rd St. NE 5141-43 1 James Corbray Fridley MN 55421 3rd St. NE 5191-93 2 Steven Hynes Fridley MN 55421 3rd St. NE 5200 11 Bigos Properties, Inc. Helena Bigos St Louis Park MN 55426 3rd St. NE 5201 11 Bigos Properties, Inc. Helena Bigos St Louis Park MN 55426 3rd St. NE 5230 11 Bigos Properties, Inc. Helena Bigos St Louis Park MN 55426 3rd St. NE 5231 11 Bigos Prope�ties, Inc. Helena Bigos St Louis Park MN 55426 3rd St. NE 5260 11 Bigos Properties, Inc. Helena Bigos St Louis Park MN 55426 3rd St. NE 5261 11 Bigos Properties, Inc. Helena Bigos St Louis Park MN 55426 3rd St. NE 5290 11 Bigos Properties, Inc. Hetena Bigos St Louis Park MN 55426 3rd St. NE 5291 11 Bigos Properties, Inc. Helena Bigos St Louis Park MN 55426 3rd St. NE 5839-41 1 Steven Stixrud Fridley MN 55432 3rd St. NE 5900 4 Curt Sorum c/o Judy Dalton Mendota Hts MN 55118 3rd St. NE 5974 4 Thomas & Nelia Schaff Fridley MN 55432 3rd St. NE 5980 3 Willard Guimont Fridley MN 55432 3rd St. NE 6051-55 3 Wayne A. Johnson Plymouth MN 55442 3rd St. NE 6061-65 3 Richard, Nanci & R.C. Anderson Fridley MN 55432 4th St. NE 5320 4 Richard Perkovich St. Paul MN 55106 4th St. NE 5330-34 1 Thomas Zandlo Fridley MN 55421 Wednesday, March 29, 2000 Page 2 of 15 � 45 E PI'Op61'[y Addl'8SS I�S OWIIN' N�118 A� a' BIlS�18SS N�118 LOl�iOtl 4th St. NE 5339 2 Bill & Karen Frauly Columbia Heights MN 55421 4th St. NE 5347-49 3 Duane Schwa�tz Coon Rapids MN 55433 4th St. NE 5357 1 Richard & Kathy Brenneman Fridley MN 55432 4th St. NE 5370 2 Keith L. Rodgers Fridley MN 55432 4th St. NE 5401 3 James Weatherly Bloomington MN 55420 4th St. NE 5419 4 Jen Mark I John Jensen Fridley MN 55432 4th St. NE 5420-26 3 Charles Westling Fridley MN 55421 _ 4th St. NE 5461 1 Douglas Fiege Blaine MN 55449 4th St. NE 5600-06 4 Tony L& Annette Wilson Fridley MN 55432 4th St. NE 5622-24 2 PMJ Properties Brooklyn Park MN 55443 4th St. NE 5644 7 Ross Taormina Ross Enterprises, Inc. Crystal MN 55422 4th St. NE 5800 4 John O. Haight John E. Haight New Hope MN 55428 4th St. NE 5810-12 2 Elizabeth Frieders John Haight Platteville WI 53818 4th St. NE 5820-22 1 Delores Jeane Berg Fridley MN 55432 4th St. NE 5840-42 2 Karen Besch Oakdale MN 55128 4th St. NE 5850-52 2 Gary Muske Minneapolis MN 55418 4th St. NE � 5860-62 2 John L. Majewski New Brighton MN 55112 4th St. NE 5900-02 1 Aleksandr & Nataliya Blinov Fridley MN 55432 4th St. NE 5908-10 1 Kenneth & Joyce Ohnstad Fridley MN 55432 4th St. NE 5916-18 1 Timothy Parker Fridley MN 55432 4th St. NE 5924-26 2 Rafal Zajac Blaine MN 55434 52nd Ave. NE 1050 16 KJ Management St. Paul MN 55119 52nd Ave. NE 1090 16 KJ Management St. Paul MN 55119 52nd Ave. NE 1120 16 KJ Management St. Paul MN 55119 52nd Ave. NE 1170 16 KJ Management St. Paul MN 55119 53rd Ave. NE 215 4 Bigos Properties, Inc. Helena Bigos St Louis Park MN 55426 53rd Ave. NE 305 7 Bigos Properties, Inc. Helena Bigos St Louis Park MN 55426 54th Ave. NE 451-53 2 John Saccoman Brooklyn Park MN 55443 57th Ave. NE 362 1 Teressa Karl Fridley MN 55432 57th PI. NE 217-19 1 Robert M. Russell Minneapolis MN 55427 57th PI. NE 251 7 Lowell Eftertield New Brighton MN 55112 57th PI. NE 262 8 David Rust Fridley MN 55432 57th PI. NE 349-53 2 William E. Fogerty Forest Lake MN 55025 Wednesday, March 29, 2000 46 Page 3 of 15 ' ■ ■ q � Pro�ty A�s I�ts Owr�er Ne� A�it or � Name Locatbn 57th PI. NE 359 8 Wiiliam Toivonen Minneapolis MN 55405 57th PI. NE 380 4 Anoka County Comm Action Prgm Carrie Kopacek Blaine MN 55434 57th PI. NE 390 3 Daniel O'Neil Fridley MN 55432 58th Ave. NE 105 7 John Blahoski Go C Rundquist Stillwater MN 55082 58th Ave. NE 276-78 1 Betty Loewen Fridley MN 55432 5th St. NE 5365-67 1 Kenneth & Sheila Kreger Fridley MN 55421 5th St. NE 5370 2 Darrell Bergstrom Fridley MN 55421 5th St. NE 5373-75 1 Richard & Christine Bates Fridley MN 55432 5th St. NE 5400 3 Todd T. Ellestad Green Bay WI 54311 5th St. NE 5410 4 Jerome Thomas Prescott AZ 86301 5th St. NE 5420 4 Rinehart L. Kurtz Coon Rapids MN 55433 5th St. NE 5430-32 2 Jason Johnson Columbia Heights MN 55421 5th St. NE 5450 6 Richard Tkaczik Tkaczik Family Ltd Partners Aitkin MN 56431 5th St. NE 5451 32 Harriet Smith, Gen. Prtnr. Harriet Skarie Minnetonka MN 55345 5th St. NE 5550 1 Pamela Terp Fridley MN 55421 5th St. NE 6200 51 Nonnrood Square, Inc. Deanna Lara St Paul MN 55102 5th St. NE 6232-34 2 Joseph & Irene Maertens Fridley MN 55432 5th St. NE 6242-44 2 Trent Brod Andover MN 55304 5th St. NE 6252-54 1 Muhammed Hussein New Own Ltr 990923 Fridley MN 55432 5th St. NE 6262-64 2 Douglas Finch Mounds View MN 55112 5th St. NE 6303-05 2 LaSalle Group, Ltd. Kim Collinge Minneapolis MN 55425-1864 5th St. NE 6311-29 16 LaSalle Group, Ltd. Kim Collinge Minneapolis MN 55425-1864 5th St. NE 6337-39 2 LaSalle Group, Ltd. Kim Collinge Minneapolis MN 55425-1864 5th St. NE 6347-65 16 LaSalle Group, Ltd. Kim Collinge Minneapolis MN 55425-1864 5th St. NE 6401-03 2 LaSalle Group, Ltd. Kim Collinge Minneapolis MN 55425-1864 5th St. NE 6409-27 16 LaSalle Group, Ltd. Kim Collinge Minneapolis MN 55425-1864 5th St. NE 6431-33 2 LaSalle Group, Ltd. Kim Collinge Minneapolis MN 55425-1864 5th St. NE 6437-55 16 LaSalle Group, Ltd. Kim Collinge Minneapolis MN 55425-1864 5th St. NE 6459-61 2 LaSalle Group, Ltd. Kim Collinge Minneapolis MN 55425-1864 5th St. NE 6465-83 16 LaSalle Group, Ltd. Kim Collinge Minneapolis MN 55425-1864 5th St. NE 6487-89 2 LaSalle Group, Ltd. Kim Collinge Minneapolis MN 55425-1864 5th St. NE 7601 1 North Suburban Hospital District c/o Unity Hospital Fridley MN 55432 61 st Ave. NE 110 8 Marc Rice Rice Family Partnership Fridley MN 55432 Wednesday, March 29, 2000 Page 4 of 15 s 47 — A property A�ress I�ts Own�' Na� A�nt a' Busiiess ��nre Locatlon 61st Ave. NE 290 3 Jerry Dold Fridley MN 55432 62nd Way NE 114-16 2 Gary Knutson Fridiey MN 55432 63 1/2 Way NE 50-60 2 Joseph & Irene Maertens Fridley MN 55432 63 1/2 Way NE 70-80 2 W.E. Doeiz Bloomington MN 55431 63 1/2 Way NE 90-100 2 W.E. Doelz Bioomington MN 55431 63rd Ave. NE 401 1 David Miller Fridley MN 55432 63rd Ave. NE 445 1 Debby Ann Gallegos Fridley MN 55432 66th Ave. NE 553 1 John Fang-Yen Spring Lake Park MN 55432 67th Way NE 24 1 Alaa AI-Sayagh Fridley MN 55432 68th Ave. NE 1565-77 6 Rice Creek Townhouses Fridley MN 55432 68th Ave. NE 1566-76 6 Rice Creek Townhouses Fridley MN 55432 68th Ave. NE 1578-88 6 Rice Creek Townhouses Fridley MN 55432 68th Ave. NE 1579-89 6 Rice Creek Townhouses Fridley MN 55432 68th Ave. NE 1590-96 4 Rice Creek Townhouses Fridley MN 55432 68th Ave. NE 1591-97 4 Rice Creek Townhouses Fridley MN 55432 68th Ave. NE 1600-10 6 Rice Creek Townhouses Fridley MN 55432 68th Ave. NE 1601-11 8 Rice Creek Townhouses Fridley MN 55432 68th Ave. NE 1612-18 4 Rice Creek Townhouses Fridley MN 55432 68th Ave. NE 1613-19 4 Rice Creek Townhouses Fridley MN 55432 68th Ave. NE 1620-30 6 Rice Creek Townhouses Fridiey MN 55432 68th Ave. NE 1621-31 6 Rice Creek Townhouses Fridley MN 55432 68th Ave. NE 1632-38 4 Rice Creek Townhouses Fridley MN 55432 68th Ave. NE 1633-39 4 Rice Creek Townhouses Fridley MN 55432 68th Ave. NE 1640-50 6 Rice Creek Townhouses Fridley MN 55432 68th Ave. NE 1641-51 6 Rice Creek Townhouses Fridley MN 55432 68th Ave. NE 1652-58 4 Rice Creek Townhouses Fridley MN 55432 68th Ave. NE 1653-59 4 Rice Creek Townhouses Fridley MN 55432 68th Ave. NE 1660-70 6 Rice Creek Townhouses Fridley MN 55432 68th Ave. NE 1661-71 6 Rice Creek Townhouses Fridley MN 55432 68th Ave. NE 1672-82 6 Rice Creek Townhouses Fridley MN 55432 68th Ave. NE 1673-83 6 Rice Creek Townhouses Fridley MN 55432 69th Ave. NE 1560-70 6 Rice Creek Townhouses Fridley MN 55432 69th Ave. NE 1590-96 4 Rice Creek Townhouses Fridley MN 55432 Wednesday, March 29, 2000 �� Page 5 of 15 9 � q Pf'Op�y Alhll'8S8 I�S OWINI' N�119 A�IIt a' � N�119 L�1 69th Ave. NE 1600-06 4 Rice Creek Townhouses Fridley MN 55432 69th Ave. NE 1630-40 6 Rice Creek Townhouses Fridley MN 55432 69th Ave. NE 1650-58 5 Rice Creek Townhouses Fridley MN 55432 6th St. NE 5335-37 2 Robert Huber Cedar MN 55011-9356 6th St. NE 5361-63 2 Gary Wellner Brooklyn Park MN 55444 6th St. NE 5371-73 2 Gary Wellner Brooklyn Park MN 55444 . 6th St. NE 5381-83 2 Thomas Gliadon Fridley MN 55432 6th St. NE 5600-02 2 Timothy Wheeler So St Paul MN 55075 6th St. NE 5606-08 2 James Pearson Fridley MN 55432 6th St. NE 5612-14 2 Kenneth Hafner Columbia Heights MN 55421 6th St. NE 5618-20 2 Darlene Hafner Columbia Heights MN 55421 6th St. NE 5949 1 Margaret Bradley Blaine MN 55434 72nd Ave. NE 1200 42 Edric Associates Edina MN 55436 72nd Ave. NE 1230-36 3 Russell Beck Fridley MN 55432 72nd Ave. NE 1250 29 Bailey Enterprises Gary Bailey St. Paul MN 55102 72nd Ave. NE 1270-76 4 George W. Knoll Columbia Hts MN 55421 73 %: Ave. NE 1560-64 2 Dennis Kugler � Spring Lk Park MN 55432 73'/� Ave. NE 1580-84 1 Mozafar Chehrazi Fridley MN 55432 73'/Z Ave. NE 1590-94 2 Gary Muske Minneapolis MN 55418 73rd Ave. NE 1313-23 1 Edward Derdzinski Fridley MN 55432 73rd Ave. NE 1333-35 2 Gordon Johnson New Brighton MN 55112 73rd Ave. NE 1441 18 Gary Reshetar Reshetar Systems Andover MN 55304 73rd Ave. NE 1581-83 2 Gary Muske Minneapolis MN 55418 73rd Ave. NE 1591-93 2 Gary Muske Minneapolis MN 55418 73rd Ave. NE 1619 24 Building Management, Inc. Lawana Varajon Minneapolis MN 55416 74th Ave. NE 360-62 2 Timothy Chies Able Property Management Coon Rapids MN 55433 74th Ave. NE 361 8 Lisa 8� Paul Memaugh Anoka MN 55303 74th Ave. NE 370-72 2 Jugal Agarwal New Brighton MN 55112 74th Ave. NE 389 11 Barbara Stevens Mora MN 55051 74th Ave. NE 415 11 William A. Shaw Fridley MN 55432 75th Ave. NE 350 11 Lynn Hansen Fridley MN 55432 75th Ave. NE (01) 450 1 Muriel Holmquist Webster WI 54893 75th Ave. NE (01) 476 1 Muriel Holmquist Webster Wl 54893 Wednesday, March 29, 2000 Page 6 of 15 - 49 : i Pro�'ty Ad�ess Udts Owner Name A�tt or Bu�ness Name L�atlm 75th Ave. NE (02) 450 1 R. Scott 8� Stacy Holmquist Andover MN 55304 75th Ave. NE (02) 476 1 Timothy 8� Cynthia McCarthy Gemmit, Inc. Minneapolis MN 55439 75th Ave. NE (03j 450 1 Timothy & Cynthia McCarthy Gemmit, Inc. Minneapolis MN 55439 75th Ave. NE (03) 476 1 Muriel Holmquist Webster WI 54893 75th Ave. NE (04) 450 1 R. Scott 8� Stacy Holmquist Andover MN 55304 75th Ave. NE (04) 476 1 R. Scott & Stacy Holmquist Andover MN 55304 75th Ave. NE (05) 476 1 Timothy 8� Cynthia McCarthy Gemmit, Inc. Minneapolis MN 55439 75th Ave. NE (06) 450 1 Muriel Holmquist Webster WI 54893 75th Ave. NE (06) 476 1 Muriel Holmquist Webster WI 54893 75th Ave. NE (07) 450 1 Muriel Holmquist Webster WI 54893 75th Ave. NE (07) 476 1 R. Scott & Stacy Holmquist Andover MN 55304 75th Ave. NE (08) 450 1 Muriel Holmquist Webster WI 54893 75th Ave. NE (08) 476 1 R. Scott 8� Stacy Holmquist Andover MN 55304 75th Ave. NE (09) 450 1 Muriel Holmquist Webster WI 54893 75th Ave. NE (09) 476 1 Timothy 8� Cynthia McCarthy Gemmit, Inc. Minneapolis MN 55439 75th Ave. NE (10) 450 1 Muriel Holmquist Webster WI 54893 75ih Ave. NE (10) 476. 1 Timothy & Cynthia McCarthy Gemmit,-Inc. Minneapolis MN 55439 75th Ave. NE (11) 450 1 William & Robert Holmquist Holmquist Enterprises Brooklyn Center MN 55429 75th Ave. NE (11) 476 1 Muriel Holmquist Webster WI 54893 77th Way NE 106 4 J& S Enterprises Shirley Severson Fridley MN 55432 79th Way NE 181 8 John Gutmanis Minneapolis MN 55404 79th Way NE 211 8 D-2 Properties Blaine MN 55434 79th Way NE 231 7 John Gutmanis Minneapolis MN 55404 79th Way NE 321 8 Bradley Dunham Fridley MN 55432 7th St. NE 5400-02 3 Anthony & Evangeline Nicklow Wayzata MN 55391 7th St. NE 5430 34 Harold Morrow River Falls W154022 7th St. NE 5460 34 Steve & Ellen Klos Oak Hills Apartments Minneapolis MN 55410 7th St. NE 5536-38 2 Charles Westling Fridley MN 55421 7th St. NE 5612 11 Kenneth Franko Dayton MN 55327 7th St. NE 5640 11 Kenneth Franko Dayton MN 55327 7th St. NE 6320 1 Ellen and Gary Huelsnitz Fridley MN 55432 83rd Ave. NE 101 41 University Avenue Associates Springbrook Apa�tments Minneapolis MN 55426 83rd Ave. NE 121 42 University Avenue Associates Springbrook Apartments Minneapolis MN 55426 Wednesday, March 29, 2000 Page 7 of 15 50 � 9 - Pr�erty A�lress I�its Owner Na� A�ent or � Name Locati� $3rd Ave. NE 131 36 University Avenue Associates Springbrook Apartments Minneapolis MN 55426 83rd Ave. NE 141 36 University Avenue Associates Springbrook Apartments Minneapolis MN 55426 83rd Ave. NE 151 42 University Avenue Associates Springbrook Apartments Minneapolis MN 55426 83rd Ave. NE 161 42 University Avenue Associates Springbrook Apartments Minneapolis MN 55426 83rd Ave. NE 165 2 University Avenue Associates Springbrook Apartments Minneapolis MN 55426 83rd Ave. NE 171 36 University Avenue Associates Springbrook Apartments Minneapolis MN 55426 83rd Ave. NE 181 42 University Avenue Associates Springbrook Apartments Minneapolis MN 55426 83rd Ave. NE 191 42 University Avenue Associates Springbrook Apartments Minneapolis MN 55426 Able St. NE 6400 1 Mike Kolodjski Joseph Thomas Blaine MN 55434 Able St. NE 7301-03 1 Mortimer Sturdevant Fridley MN 55432 Able St. NE 7313-15 2 David Halek Coon Rapids MN 55433 Able St. NE 7325-27 1 John Glenn Fridley MN 55432 Able St. NE 7339-41 1 Wayne Thompson Fridley MN 55432 Able St. NE 7349-51 2 Stanley Meinen St. Paul MN 55126 Able St. NE 7365-67 1 Robert J. Kronschnabel Fridley MN 55432 Able St. NE 7379-81 1 Tina Ferry Fridley MN 55432 Able St. NE 7401-03 2 George Lunde Frederic WI 54837 Able St. NE 7417-19 2 Todd Fuechtmann Circle Pines MN 55014 Able St. NE 7430 2 Steven May Stillwater MN 55082 Able St. NE 7431-33 1 Marvey Mayer Fridley MN 55432 Able St. NE 7447-49 2 Donald Koss Columbia Hts MN 55421 Able St. NE 7463-65 2 Mark Jedlenski Minneapolis MN 55418 Able St. NE 7479-81 2 Timothy Chies Able Property Management Coon Rapids MN 55433 Able St. NE 7495-97 2 Timothy Chies Able Property Management Coon Rapids MN 55433 Able St. NE 7501-03 2 Timothy Chies Able Property Management Coon Rapids MN 55433 Able St. NE 7513-15 2 Timothy Chies Able Property Management Coon Rapids MN 55433 Able St. NE 7527-29 2 Timothy Chies Able Property Management Coon Rapids MN 55433 Able St. NE 7539-41 2 Timothy Chies Able Property Management Coon Rapids MN 55433 Able St. NE 7553-55 2 Timothy Chies Able Property Management Coon Rapids MN 55433 Able St. NE 7565-67 2 Timothy Chies Able Property Management Coon Rapids MN 55433 Able St. NE 7579-81 2 Timothy Chies Able Property Management Coon Rapids MN 55433 Able St. NE 7595-97 2 Timothy Chies Able Property Management Coon Rapids MN 55433 Alden Way NE 6241 1 Irene or Y.A. Korsunsky Minneapolis MN 55421 Wednesday, March 29, 2000 Page 8 of 15 � 51 � prop�ty p�ess U�tts Own� I�anre A�nt or &�i�ess Nanre Loca�on Anna Ave. NE 5960-80 33 Linda Jones Minneapolis MN 55421 Ashton Ave. NE 6412 1 Michael 8� Lynn Olson Coon Rapids MN 55433 Ashton Ave. NE 6434 1 Diane Miller D& J Properties Fridley MN 55432 Ashton Ave. NE 6473 1 William & Hazel Linton Fridley MN 55432 Baker Ave. NE 6444 1 Norma Willson Fridley MN 55432 Brenner Pass NE 1633 1 Alan Srbich Coon Rapids MN 55433 Broad Ave. NE 8081 1 Gary Wellner Brooklyn Park MN 55444 Central Ave. NE 5701 32 Moore Lake Apt Partnership Homel Realty & Mgmnt St. Paul MN 55127 Central Ave. NE 5887 1 Johnson & Lutgen, Inc. Leo Lutgen, President New Hope MN 55428 Central Ave. NE 6534 3 Joseph Kashawny Fridley MN 55432 Central Ave. NE 6542-48 3 Roger & Faye Femrite Fridley MN 55432 Central Ave. NE 6554 1 Brian Tjosvold Lake Elmo MN 55042 Central Ave. NE 6600-04 2 Gregg Hinz Fridtey MN 55432 Central Ave. NE 6634 10 Donald Findell Fridley MN 55432 Central Ave. NE 6640 1 Donald Findell Fridley MN 55432 Central Ave. NE 7150-56 4 Russeil Beck Fridley MN 55432 Central Ave. NE 7170-76 4 Ronald Burg New Brighton MN 55112 ��, Central Ave. NE 7190 3 Kevin A. Auge Fridley MN 55432 Centrai Ave. NE 7325-27 1 Gilbert Haugan Spring Lake Park MN 55432 Central Ave. NE 7335-37 2 Steven Mindlin Shoreview MN 55126 Channel Rd. NE 6501 4 Jack & Karen Kozer Coon Rapids MN 55433 Channel Rd. NE 6531 4 Jack & Karen Kozer Coon Rapids MN 55433 Channel Rd. NE 6551 11 Robert Wones S& R Property Mgmnt Minneapolis MN 55413 Channel Rd. NE 6571 11 Robert Wones S& R Property Mgmnt Minneapolis MN 55413 Charles St. NE 101 12 Nathan Schwartz Minneapolis MN 55422 Charles St. NE 140-42 2 Shane H. Nazar Lakeland MN 55043 Charles St. NE 179 12 Nathan Schwartz Minneapolis MN 55422 Charles St. NE 180 12 Nathan Schwartz Minneapolis MN 55422 Cheri Ln. NE 1200 18 Cedar Management Rox Ann Hazelton Cedar MN 55011 Cheri Ln. NE 1230 18 Cedar Management Rox Ann Hazelton Cedar MN 55011 Cheri Ln. NE 1260 18 Cedar Management Rox Ann Hazelton Cedar MN 55011 Cheri Ln. NE 1290 18 Cedar Management Rox Ann Hazelton Cedar MN 55011 E Bavarian Pass 5503 1 Mary Wright Fridley MN 55432 Wednesday, March 29, 2000 Page 9 of 15 52 " 5 property Add�'ess I�its Owner Name A�t a' Bu�ss Name l.ocatbn E Brenner Pass 5439 1 James Lawrence c/o Kathy Jensen Golden Valley MN 55422 East River Rd. 5640 42 Filister Enterprises Maurice Filister, Gen Prtnr Fridiey MN 55432 East River Rd. 5660 42 Filister Enterprises Maurice Filister, Gen Prtnr Fridley MN 55432 East River Rd. 5680 42 Filister Enterprises Maurice Filister, Gen Prtnr Fridley MN 55432 East River Rd. 5720 42 Filister Enterprises Maurice Filister, Gen Prtnr Fridley MN 55432 East River Rd. 5740 42 Filister Enterprises Maurice Filister, Gen Prtnr Fridley MN 55432 East River Rd. 5760 42 Filister Enterprises Maurice Filister, Gen Prtnr Fridley MN 55432 East River Rd. 5780 42 Filister Enterprises Maurice Filister, Gen Prtnr Fridley MN 55432 East River Rd. 5800 42 Filister Enterprises Maurice Filister, Gen Prtnr Fridley MN 55432 East River Rd. 5820 42 Filister Enterprises Maurice Filister, Gen Prtnr Fridley MN 55432 East River Rd. 5840 42 Filister Enterprises Maurice Filister, Gen Prtnr Fridley MN 55432 East River Rd. 5860 42 Filister Enterprises Maurice Filister, Gen Prtnr Fridley MN 55432 East River Rd. 5940 12 Vikram Bhartia V.P. Apartments Moundsview MN 55112 East River Rd. 5950 12 Larry Hopfenspirger Minneapolis MN 55404-2552 East River Rd. 6210-20 2 Mark Ahlgren Coon Rapids MN 55448 East River Rd. 6540-50 141 KCS Property Mgmt, Inc. c/o Candice Leivermann Bloomington MN 55425 East River Rd. 6551 11 Marfiss A. Westenfield Fridley MN 55432 East River Rd. 6921 1 Muchtar Sajady Coon Rapids MN 55433 East River Rd. 7673 4 J& S Enterprises Shirley Severson Fridley MN 55432 East River Rd. 7805 59 River Pointe LTD Minneapolis MN 55416 East River Rd. 7825 59 River Pointe LTD Minneapolis MN 55416 East River Rd. 7845 59 River Pointe LTD Minneapolis MN 55416 East River Rd. 7875 59 River Pointe LTD Minneapolis MN 55416 East River Rd. 7895 59 River Pointe LTD Minneapolis MN 55416 East River Rd. 8191 5 Leonard & Viollette Dailey Scottsdale AZ 85251 Evert Ct. NE 7320-22 2 Gregg Johnson New Brighton MN 55112 Evert Ct. NE 7325-27 1 Michael Gile Fridley MN 55432 Evert Ct. NE 7330-32 2 Wayne Nelson New Brighton MN 55112 Evert Ct. NE 7335-37 1 Bassil Dyab Fridley MN 55432 Evert Ct. NE 7345-47 2 James Hoag Remax St. Paul MN 55127 Fireside Dr. NE 1301-03 2 Gary Muske Minneapolis MN 55418 Firwood Way NE 7833-37 2 Mark Jedlenski Minneapolis MN 55418 Firwood Way NE 7857-61 2 John Schudi Anoka MN 55304 . Wednesday, March 29, 2000 Page 10 of 15 - 53 Prop�'ty Ad�ress I�its Owner Name A�rt or &�iness Illan� Locatlon Firwood Way NE 7865-69 2 Robert J. Vogt Fridley MN 55432 Firwood Way NE 7871-75 2 John Arvanitis Champlin MN 55316 Firwood Way NE 7879-81 2 Kirylo & Zita Czichray Fridley MN 55432 Firwood Way NE 7883-85 1 Viola Froneyberger Fridley MN 55432 Firwood Way NE 7889-91 2 John R. Zielinski Minneapolis MN 55428 Firwood Way NE 7893-97 1 Clarence J. Fischer Fridley MN 55432 Hickory St. NE 6807 1 Danny Johnsen Fridley MN 55432 Hillwind Rd. NE 1253 1 Allan Fehn Fndley MN 55432 Horizon Dr. NE 5100-08 5 Bigos Properties, Inc. Helena Bigos St Louis Park MN 55426 Horizon Dr. NE 5101-09 5 Bigos Properties, Inc. Helena Bigos St Louis Park MN 55426 Hughes St. NE 5133 1 Anoka County Comm Action Prgm Carrie Kopacek Blaine MN 55434 Hwy 65 NE 6341 10 Richard Dempsey Plymouth MN 55441 Hwy 65 NE 6370 15 Daniel & Renee Shattuck Shattuck Properties Columbia Heights MN 55421 Hwy 65 NE 6379 8 K 8� K Littler Fridley MN 55432 Hwy 65 NE 6393 7 Nicholas Elmquist Minneapolis MN 55418 Hwy 65 NE 6417 8 Ronald D. Elmquist Mounds View MN 55112 Ironton St. NE 411=13 2 Jerome Thompson Lino Lakes MN 55014 Ironton St. NE 420 1 Douglas R. Butler Fridley MN 55432 Ironton St. NE 421-23 2 Paul Muesing Randy Crowell Minneapolis MN 55409 Ironton St. NE 430 1 Bruce & Barbara Ellis Fridley MN 55432 Ironton St. NE 561 1 James Konold Roseville MN 55113 Island Pk Dr, NE 150 12 John Ward Wicklow Prope�ties Minneapolis MN 55436-2513 Island Pk Dr, NE 151 12 A.1. Smith Fit Bar Enterprises Minneapolis MN 55427 Island Pk Dr, NE 190 12 Curtis Bostrom Fridley MN 55432 Island Pk Dr, NE 191 12 Midwest Investment LLP Courtland Real Estate Serv Chaska MN 5531&1043 Longfellow St. NE 190 1 Anoka County Comm Action Prgm Carrie Kopacek Blaine MN 55434 Lucia Ln. NE 6670 16 Milton & Ellen Hughes Lucia Lane Apartments Minneapolis MN 55416 Lucia Ln. NE 6680 16 Milton & Elten Hughes Lucia Lane Apartments Minneapolis MN 55416 Lucia Ln. NE 6690 16 Milton & Ellen Hughes Lucia Lane Apartments Minneapolis MN 55416 Lynde Dr. NE 910 11 Lynde Investment, Inc. Minnetonka MN 55305 Lynde Dr. NE 950 11 Lynde Investment, Inc. Minnetonka MN 55305 lynde Dr. NE 990 _ 11 Lynde Investment, Inc. Minnetonka MN 55305 Lynde Dr. NE 995 32 Moore Lake Apt Partnership Homel Realty 8� Mgmnt St. Paul MN 55127 , Wednesday, March 29, 2000 Page 11 of 15 54 � � A Pr�erty A�ress Urtts Own� Name A�t or �shess Name Loca� Lyric Ln. NE 7400 8 Bill Shaw Fridley MN 55432 Main St. NE 4020-22 1 Evelyn Comelius Fridley MN 55421 Main St. NE 4030 3 Gary Chartey Forest Lake MN 55025 Main St. NE 4042 2 David Menken Mapiewood MN 55117 Main St. NE 4551 1 Bruce HeRick Fridley MN 55432 Main St. NE 4591-93 2 Tom Blomberg T& K Properties New Brighton MN 55112 Main St. NE 5475 12 Commers & Clover, LLP Roseville MN 55113 Main St. NE 5495 12 Commers & Clover, LLP Roseville MN 55113 Main St. NE 5835 1 Jennifer & Eric Longchamps Fridley MN 55432 Main St. NE 5961 2 John Hurst New Brighton MN 55112 Main St. NE 5981-83 2 Allen Hoffer Fridley MN 55432 Main St. NE 6011 4 David Davis Brooklyn Center MN 55429 Main St. NE 6019 4 Daniel Buttefield D& A Highiander LLP Minneapolis MN 55404 Main St. NE 6021 4 Richard & Suzanne Feist Columbia Hts MN 55421 Main St. NE 6035 4 Thomas & Nelia Schaff Fridley MN 55432 Main St. NE 6711 2 G. Craig Brett Tasks Unlimited Lodges Minneapolis MN 55404 Meadowmoor Dr.1VE 1361 1 Joseph Teague Princeton MN 55371 Meister Rd. NE 5462 1 James Lawrence Go Kathy Jensen Golden Valley MN 55422 Miss PI. NE 117 3 Robert or Kathleen Andres Coon Rapids MN 55433 Miss PI. NE 120 3 Allan & Beverly Mattson Fridley MN 55432 Miss PI. NE 137 4 Anoka County Comm Action Prgm Carrie Kopacek Blaine MN 55434 Miss PI. NE 140 4 Loren & Arleen Nagel Elk River, MN 55330 Miss PI. NE 157 4 Maynard Nielsen Fridley MN 55432 Miss PI. NE 160 4 Chris Zelevarov Fridley MN 55432 Miss St. NE 460 103 LaSalle Group, Ltd. Kim Collinge Minneapolis MN 55425-1864 Miss St. NE 953 1 D& J Properties, LLC Diane Miller Fridley MN 55432 N Inns. Dr. (107) 1601 1 Joe W. Murphy Fridley MN 55432 N Inns. Dr. (112) 1601 1 Joseph Bidwell Fridley MN 55432 N Inns. Dr. (126) 1601 1 Duane Woodworth LaCrescent MN 55947 N Inns. Dr. (153) 1601 1 Rotand Krueger Stillwater MN 55082 N Inns. Dr. (164) 1601 1 James Lawrence c/o Kathy Jensen Golden Valley MN 55422 N Inns. Dr. (203) 1601 1 John Morrissey Fridley MN 55432 N Inns. Dr. (206) 1601 1 Steve & Sandy Mackenthun Fridley MN 55432 . Wednesday, March 29, 2000 Page 12 of 15 � 55 � PI'Op�'ty AdI�'8SS Ut�S UIMIIBI' N�119 A�i[ a' BI1Si1BSS 1�1�i19 LOC8�1 N Inns. Dr. (215) 1601 1 James Lawrence c/o Kathy Jensen Golden Valley MN 55422 N Inns. Dr. (228) 1601 1 Thomas Sinner New Brighton MN 55112 N Inns. Dr. (230) 1601 1 Robert Kafski Cross Lake MN 56442 N Inns. Dr. (231) 1601 1 Dennis Anderson Fridley MN 55432 N Inns. Dr. (253) 1601 1 Olav Maehle Minneapolis MN 55408 N Inns. Dr. (254) 1601 1 Phyllis Reha Eagan MN 55121 N Inns. Dr. (270) 1601 1 Kristin Tollefson Cambridge MN 55008 N Inns. Dr. (278)_ 1601 1 James Lawrence c/o Kathy Jensen Golden Valley MN 55422 N Inns. Dr. (280) 1601 1 Deanna Pesek Dan Cremisino Wyoming MN 55092 N Inns. Dr. (302) 1601 1 Kristin Chambers Ham Lake MN 55304 N Inns. Dr. (304) 1601 1 Olav Maehle Minneapolis MN 55408 N Inns. Dr. (306) 1601 1 Helen Kapszak Fridley MN 55432 N Inns. Dr. (311) 1601 1 Ken Stagg Mounds View MN 55112 N Inns. Dr. (332) 1601 1 James Lawrence c/o Kathy Jensen Golden Valley MN 55422 N Inns. Dr. (353) 1601 1 Bennett O Lindberg � Anoka MN 55303 N Inns. Dr. (355) 1601 1 Roger Gorman Brookiyn Center MN 55429 N Inns. Dr. (356) 1601 1 Roland Krueger Stilfwater MN 55082 N Inns. Dr. (362) 1601 1 Daniel Neujahr Roseville MN 55113 N inns. Dr. (363) 1601 1 Bennett O Lindberg Anoka MN 55303 N Inns. Dr. (374) 1601 1 Lorraine Gosselin Fridley MN 55432 N Inns. Dr. (384) 1601 1 David Olson Fridley MN 55421 Norton Ave. NE 1230-32 2 Terrance Dreyer Scandia MN 55073 Norton Ave. NE 1237-39 1 Paul Muesing Randy Crowell Minneapolis MN 55409 Norton Ave. NE 1240-42 2 Donovan & Sharry Elias Fridley MN 55432 Norton Ave. NE 1250-52 2 Donovan & Sharry Elias Fridiey MN 55432 Norton Ave. NE 1260-62 2 Dennis Anderson -- Fridley MN 55432 Norton Ave. NE 1261-63 2 John Crist Eagan MN 55123 Norton Ave. NE 1270-72 2 Kathryn M. Erjavec Eveleth MN 55734 Norton Ave. NE 1280-82 2 Donald Nelson New Brighton MN 55112 Norton Ave. NE 1285-87 1 James Isler Fridley MN 55432 Norton Ave. NE 1295-97 2 D& O, N& L Nelson New Brighton MN 55112 Osborne Rd. NE 400 1 North Suburban Hospital District do Unity Hospital Fridley MN 55432 Osborne Rd. NE 610 9 Cedar Management Rox Ann Hazelton Cedar MN 55011 . Wednesday, March 29, 2000 Page 13 of 15 ��J a � Prop�ty Address U�ts Owr� Name A�tt ar Busiiess Nanre Locatlai Osbome Rd. NE 630-50 34 Cedar Management Rox Ann Hazelton Cedar MN 55011 Osborne Rd. NE 670-90 34 Cedar Management Rox Ann Hazelton Cedar MN 55011 Osborne Rd. NE 91 1 Ken Suddard-Bangsund Monticelio MN 55362 Pearson Wy, NE 174-76 2 Victor Daml Coon Rapids MN 55433 Pierce St. NE 6315-17 2 Richard Shea Andover MN 55304 Pierce St. NE 6325-27 2 Richard Shea Andover MN 55304 Pierce St. NE 6335 2 Robert D. Shimanski Spring Lk Park MN 55432 Pierce St. NE 6345 2 Chad Vugteveen Minnetonka MN 55345 , Pierce St. NE 6355 1 Jon J. Williams Fridley MN 55432 Pierce St. NE 6361 2 Jacquelyn Homer New Brighton MN 55112 Pierce St. NE 6373 2 Jon Burkhow c/o ROI Properties, Inc. Bloomington MN 55438 Pierce St. NE 6401 1 Thomas R. Peterson Fridley MN 55432 Polk St. NE 5650-60 32 Townhouse Aptmt Management Eden Prairie MN 55347 Regis Trail NE 5603 1 Wilmer Adams Fridley MN 55432 Rice Creek Rd NE 1441-43 1 Carey Thake Fridley MN 55432 Riverview Terr NE 6471-77 3 Chris Zelevarov Fridley MN 55432 Riverview Terr NE 6480 1 Edward Fragale Fridley MN 55432 Skywood Ln. NE 1375 2 Wayne S. Johnson Shoreview MN 55126 Star Ln. NE 6100-02 2 Jerry Dold Fridley MN 55432 Star Ln. NE 6110-14 1 Jerry Dold Fridley MN 55432 Star Ln. NE 6111 18 Marc Rice Rice Family Partnership Fridley MN 55432 Star Ln. NE 6150-56 1 Rene C. Bijold Fridley MN 55432 Star Ln. NE 6160-64 1 Jeffrey Harris Fridley MN 55432 Starlite Blvd. NE 6130 1 Anoka Counry Comm Action Prgm Carrie Kopacek Blaine MN 55434 Starlite Circle NE 6420 1 Walter F. Bauer Shoreview MN 55126 Starlite Circle NE 6421-23 2 Gary Wellner Brooklyn Park MN 55444 Starlite Circle NE 6422 1 Walter F. Bauer Shoreview MN 55126 Starlite Circle NE 6430 1 Walter F. Bauer Shoreview MN 55126 Starlite Circle NE 6432 1 Walter F. Bauer Shoreview MN 55126 Symphony 7398 2 James Osterkamp Coon Rapids MN 55448 Taylor St. NE 6447 1 Wayne S. Johnson Shoreview MN 55126 University Ave. NE 7301-03 2 Lloyd & Ardys Smith Andover MN 55304 University Ave. NE 7323-25 1 Steven Petschel Fridley MN 55432 . Wednesday, March 29, 2000 Page 14 of 15 ` 57 e ppp�y p�'gg$ UIdtS OW1181' 1�119 A�IIt 01' BIISi18SS N�I� LOC8ti011 University Ave. NE 7337-39 1 Michael Harmsen Fridley MN 55432 University Ave. NE 7349-51 2 Kenneth W. Johnson Fridley MN 55432 University Ave. NE 7363 1 Daniel Fay Fridley MN 55432-1603 University Ave. NE 7373-75 2 Timothy Chies Able Property Management Coon Rapids MN 55433 University Ave. NE 7385-87 2 Brian Manning Coon Rapids MN 55448 Van Buren St. NE 7389 1 Joseph Thomas Mike Kolodjski Blaine MN 55434 W Bavarian Pass 5684 1 Mary Wright Fridley MN 55432 W Moore Lk Dr NE 841 1 Carole Dowling Ramsey MN 55303 . Wednesday, March 29, 2000 Page 15 of 15 58 ` � � � � CRY OF FRIDLEY ESTIMATES CITY COUNCIL MEETING OF APRIL 10, 2000 Holstad and Knaak, P.L.C. 3535 Vadnais Center Drive St. Paul, MN 55110 Services Rendered as City Attorney for the Month of March, 2000 ....... Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, MN 55432-4381 ............................................. $ 5,000.00 Services Rendered as City Prosecuting Attorney for the Month of January, 2000 ............................................ $ 19,463.00 Ron Kassa Construction 6005 - 250�' Street East Elko, MN 55020 Miscellaneous Concrete Curb and Gutter and Sidewalk Repair Project No. 330 EstimateNo. 1 ..................................................................... � 59 ........ $ 4,366.39 � � CfTY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF APRIL 10, 2000 TO: William W. Burns, City Manager �� FROM: John G. F1ora,�Public Works Director DATE: SUBJECT: April 10, 2000 Right-of-Way Ordinance Revision PW00-004 The Public Utilities Commission (PUC) has completed its review and published rules associated with right-of-way management in compliance with the 19971egislative requirements in Chapter 123. The League of Minnesota Cities (LMC) has also updated its model ordinance regarding the right-of-way management as a result of the PUC rules. The City Council adopted Chapter 407 establishing the right-of-way management chapter in April 1998. This revision is submitted to follow and to comply with recent state legislation and rules. The changes inherent are as follows. • The word "public" has been added for all right-of-ways for additional clarification. • It officially adopts the 1997 session laws • Added 11 definitions from the League model • Redefined the restoration process • Clarified denial and revocation criteria • Established a nuisance item for failure to register right-of-way facilities • Deletes our prior indemnification section and adds the PUC verbage • Increases the registration fee from $15 to $50 • Increases the excavation fee from $200 to $300 as a result of this past yeaz's experience The revised ordinance has been provided to all the utility companies. Recommend the City Council set a public hearing for Apri110, 2000. JGF:cz Attachment :1 0 � City of Fridley TO: John G. Flora PW00-0L7 FROM: Robert Nordahl, Operations Analyst DATE: January 20, 2000 SUBJECT: Utility Permit Analysis From January 1, 1999 to December 1, 1999 we received 56 utility permit requests. Five of those permits were for City water main breaks. The total revenue for 1999 for permit fees was $19,790. Each RoW user is required to register with the City. This requires two mailings of the form, registering their bond and processing the data. Total affect involves over one hour per application or costs in the neighborhood of $50. After an application/pernut request from a utility company has been received, a"Right-of-Way" review form is sent to staff for review. An average permit took approximately three hours to review. I reviewed each staff inember's hourly rate and calculated a cost of $167 of review time. After the review and the permit is issued, Jon Thompson's inspection time and truck costs are approximately $55 per visit. Normally a second or final inspection is needed for an additional cost of $75. Therefore, the total cost of one permit is approximately $297. In some cases, such as the NSP permit on Hillwind Avenue or Minnegasco's line across 57'� and 7�', the cost has tripled to approximately $600 to $700. We experienced only two obstruction permits and one permit extension and delay penalty during 1999. : �1� 61 M ORDINANCE NO. �-6 AN ORDINANCE REVISING CHAPTER 407 OF THE FRIDLEY CITY CODE IN ITS ENTIRETY, AND AMENDING CHAPTER 11 OF THE FRIDLEY CITY CODE, ENTITLED "GENERAL PROVISIONS AND FEES" THE CITY COUNCIL OF THE CITY OF .RIDLEY DOES ORDAIN RS FOLLOWS: 407.01. FINDINGS AND PURPOSE 1. To provide for the health, safety and well-being of its citizens, and to ensure the structural integrity of its streets and the appropriate use of the up blic rights-of-way, the City strives to keep its up blic rights-of-way in a state of good repair and free from unnecessary encumbrances. Although the general population bears the financial burden for the upkeep of the up blic rights- of-way, a primary cause for the early and excessive deterioration of its up blic rights-of-way is frequent excavation by persons whose equipment or facilities are located therein. up blic right-of-way obstruction is a source of frustration for merchants, business owners and the general population which must avoid these obstructions or change travel or shopping plans because of them and has a detrimental effect on commerce. Persons whose equipment or facilities is located within the up blic right-of-way are the primary cause of these frequent obstructions. The City holds the up blic rights-of-way within its geographical boundaries as an asset in trust for its citizens. The City and other public entities have invested millions of dollars in public funds to build and maintain the up blic rights-of-way. It also recognizes that some persons, by placing their equipment or facilities in the up blic right-of-way and charging the citizens of the City for goods and services delivered thereby, are using this property held for the public good. Although such services are often necessary or convenient for the citizens, such persons receive revenue and/or profit through their use of public property. As a result of all these intrusions in the up blic right-of-way, it is �:�� Propriate for the City to establish a system of documenting what is placed in the up blic rights-of-way within its municipal boundaries a��—�e se��Fe as �� ""�� ag�� to inform its citizens and the other public entities of the equipment or facilities that have been placed in the right-of-way that is held in trust for them. 2. In response to the foregoing facts, the City hereby enacts this � Chapter of the City Code relating to right-of-way permits and administration, together with making necessary revisions to other Code provisions. This Chapter imposes reasonable regulations on 62. ,- the placement and maintenance of ��e��e�� a€��ee��i-��, ?-? �'��, facilities and equipment currently within the City's up blic rights-of-way or to be placed therein at some future time. It is intended to complement the r�gulatory roles of state and federal agencies. Under this Chapter, persons disturbing and obstructing the up blic rights-of-way will bear a-€a��s-��e-a� the financial responsibility for their wor'.{ ��e��. Finally, this Chapter provides for recovery of out-of-pocket and projected costs from persons using the public rignts-of-way. �e�*�e�a�-t-�r-g��te 7 ~ } �Tre-s Een�s-s i e:�-f �E-J� ` � - �e �t��re�req�� e�e��s "�83 9 . �9�9�--t-�-r-e�rg�-7 8 � � .�� This chapter shall be interpreted consistently with 1997 Session Laws, Chapter 123, substantially codified in Minnesota Statutes Sections 237.16,� 237.162, 237.163, 237.79, 237.81 and 238.086 (the "Act") and the other laws governing applicable rights of the city and users of the right-of-way. This chapter shall also be interpreted consistently with Minnesota Rules Part 7819.0050 - 7819.9950 where possible. To the extent any provision of this chapter cannot be interpreted consistently with the Minnesota Rules, that interpretation most consistent with the Act and other apolicable statutory and case law is intended. 3. In addition to the foregoing recovery of costs and regulation of use, the City Council determines that there is an existing and legitimate state and local oublic policy, which authorizes the City to require payments as reimbursement or return to the public for the use value of the public riqhts-of-way from those who obtain revenue or profits f�om such use. This reimbursement is orovided for ar.d defined in =his ordinance as the "user fee." This fee does r.ot apply to tze repair, replacement or reconstruction of an existir.g facility. Telecommunication facilities are exempt from a user fee by state statute. a. Public Interest and Welfare. The City Council finds that it is in the public interest to provide for the payment of a user fee by all persons who use and occupy the right-of-way for operating their businesses. This provides equity by requiring all users of the up blic right-of-way to pay compensation apportioned equally among them all for the value and benefit of using such up blic right-of-way. To ensure such fair treatment, this Chapter exempts franchise holders which pay franchise fees to the City on the date of adoption of this Chapter from the payment.of a user fee. �. a �=='-=}'-_ ��«��, � i� � �'ie6 e s � �1��6�2 sT� �e--Ez �'y�--�9-tii} 'cz�ccs^i i-cra—ca e-3f�e�e�s ^c--i c� =tcrrrai—PA��cc—Fr6ii�� cZi�� c6�FFFi6i�--�'&Si�ti��i6� � f a��re�-��y--�i��-e��s aea��a��e-�e--=t-T-}�e�t�}�r��t� } , ;...; },.a ,-„ _ �re-$e�a�-�e�€e=�e� e� ��-t�r�e�-�4�} S�� 63 _ .. . . .. __ - -- _-- - --_ b. Not a Rate. The City Council finds and determines that the user fee authorized by this Chapter is not and is not intended to be a rate as that term is defined in Minn. Stat. § 216B.02, Subd. 5. Such user fee is not a fee for a service that is provided to the customer of a person using the up blic right-of-way, but is rather a fee paid for the right of that person to operate in the public right-of-way, and to maintain the equipment e�€�-� ��-�� in the up blic right-of-way in the City of Fridley. 407.02. DEFINITIONS� The following definitions apply in this Chapter of this Code. Reference hereafter to "sections" are unless otherwise specified references to sections in this Chapter. Defined terms remain defined terms whether or not capitalized. a. "Abandoned facility" means a facility no longer in service - or physically disconnected from a portion of the operating facility, or from any other facility, that is in use or still carries service A facility is not abandoned unless declared so by the right-of-way user. b. "Applicant" means any Person requesting permission to excavate or obstruct a righ*-of-way. c. "City" means the City of Fridley, Minnesota. For purposes of section 407.27, City means its elected officials, officers, employees and agents. � e. � "Commission" means the state Public Utilities Commission. suASUr=ace v� �uc {.�LL1Jlll. ��y..� .,� ••j -- ----- - - maximum lateral spacing between existing underground facilities does not allow for construction of new underground facilities without using hand digging to expose the existing lateral facilities in conformance with Minnesota Statutes, Section 216D.04, Subdivision 3, over a continuous length in excess of 500 feet. "Construction Performance Bond" means any of the follow forms of security provided at permittees option: Individual project bond (1) Cash deposit • ' � (2) Security of a form listed or approved under Minn. Stat. Sec. 15.73, sub. 3 (3) Letter of Credit, in a form acceptable to the City (4) Self-insurance, in a form acceptable to the city (5) A blanket bond for projects within the city, or other form of construction bond, for a time specified and in a form acceptable to the city. n—=` �o � �tr�t�s� ��=e �ta-ff��B e� '�- =�te a�rs--a--� e�€e�agee-�e�tdT v s v''c-r�'r@ �€ 6 rFFt A=-5 ccQZitp� 6 S�@� � A e� s-tr�e-��re '�"' �" '�'~" l o€-�Q€€��e��-��s �e asst��a-��g�� e axzc�ao�f�ie�Aii ii9��S �e��e�e� �i�—&��Ai°�&i3�E i�Fli-�i �lc �e��ts e €-�e �E� Q�r�-e €-�Fa�--Fe�� e �e�r�-apg�reaH �� °�� ].�a�--��-�e�a� _ ,... , .. }'_ =.. . =�---- g. "Degradation" means a decrease in the useful life of the Right-of-Way caused by excavation in or disturbance of the Right-of-Way, resulting in the need to reconstruct such Right-of-Way earlier than would be required if the excavation did not occur. h. "Degradation Cost" means the cost to achieve a level of restoration as determined by the City at the time the permit is issued, not to exceed the maximum restoration shown in plates 1 to 13, set forth in proposed PUC rules parts 7819.9900 to 7819.9950. i. "Degradation Fee" means the estimated fee established at the time of permitting by the City to recover costs associated with the decrease in tne useful life of the Right-of-Way caused by the excavation, and which equals the Degradation Costs. j. "Department" means the Department of Public Works of the City. k. "Department inspector" means City to carry out inspections this Chapter. any Person authorized by the related to the provisions of 1. "Director" means the Director of the Department of Public Works of the City, or �-�� the Director's designee. m. `�Delay Penalty" is the penalty imposed as a result of unreasonable delays in right-of-way �..::�`_=��}-�" excavation, obstruction, patching, or restoration as establish by ep rmit. n. "Emergency" means a condition that (1) poses a clear and immediate danger to life or health, or of a significant loss of property; or (2) requires immediate repair or - 65 � r•� � reolacement of Facilities in order to restore service to a customer. "Equipment" means any tangible assect used to install, =ecair, or maintain Facilities in any Right-of-Way. "Excavate or excavation" means to dig into or in any way remove or physically disturb or penetrate any part of a rigZt-of-way. - q. -"Excavation Permit" means the permit which, pursuant to this Chapter, must be obtained before a Person may excavate in a Right-of-Way. An Excavation Permit allows the holder to excavate that part of the Right-of-Way described in such permit. r. ��Excavation Permit Fee means money paid to the City by an .. Applicant to cover the costs as provided in Chapter 11 of this Code. s. "Facility or Facilities" means any tangible asset in the Right-of-Way required to provide Utility Service. t "Five-year project plan" shows projects adopted by the city for construction within the next five years. u "High density corridor" means a designated portion of the oublic right-of-way within which telecommunications right- of-way users having multiple and competing facilities may be required to build and install facilities in a common conduit system or other common structure. v. "Ho1e" means an excavation in the pavement, with tne excavation having a length less than the width of the pavement. w. "Local Representative means a local person or persons, or designee of such Person or Persons, authorized by a Registrant to accept Service and to make decisions for that Registrant regarding all matters within the scope of this Chapter. x. "Management Costs" means the actual costs the City incurs in managing its Rights-of-Way, including such costs, if incurred, as those associated with registering Applicants; issuing, processing, and verifying Right-of-Way permit applications and inspectinq job sites and restoration projects; maintaining, supporting, protecting, or moving user facilities during right-of-way work; determining the adequacy of right-of-way restoration; restoring work inadequately performed after providing notice and the op ortunity to correct the work; and revoking right-of-way permits. Management costs do not include payment by a Telecommunications Right-of-way User for the use of the C�l� � E � 9 .- right-of-way, the fees and cost of litigation relating to the interpretation of Minnesota Session Laws 1997, Chapter 123; Minnesota Statutes Sections 237.162 or 237.163 or any ordinance enacted under those sections, or the City fees and costs related to apDeals taken pursuant to Section 407.29 of this chapter. y. "Obstruct" means to place any tangible object in a Right- of-Way so as to hinder free and open passage over that or any part of the Right-of-way for a period in excess of 8 consecutive hours. z. "Obstruction Permit" means the permit which, pursuant to this Chapter, must be obtained before a Person may obstruct a Right-of-Way, allowing the holder to hinder free and open passaqe over the specified portion of that Right-of-Way for a period over 8 hours by placing Equipment described therein on the Right-of-Way for the duration specified therein. aa. "Obstruction Permit Fee" means money paid to the City by a Permittee to cover the costs as provided in Chapter 11 of this Code. bb. "Patch or Patching" means a method of pavement replacement tnat is temporary in nature. A Patch consists of (1) the compaction of the subbase and aggregate base, and (2) the replacement, in kind, of the existing pavement for a minimum of t��ro feet beyond the edges of the excavation in a11 directions. A Patch is considered full Restoration only when the pavement is included in the City's five year project plan. cc. "Pavement" means any type of improved surface that is within the public right-of-way and that is paved or otherwise constructed with asphalt, concrete, aggregate or gravel. dd. "Permittee" means any Person to whom a permit to Excavate or Obstruct a Right-of-Way has been granted by the City under this Chapter. ee. "Person" means and rules of or private, wh or nonprofit, an individual or entity subject this state, however organized, wh ether domestic or foreign, whethe and whether natural, corporate or to the laws ether public r for profit political. € € . " �e � so�':r '—�ca�rs--��—�t�-r-a� e� ee r�a �-a �e �e �s en &S s6ciir�t6�n-6-�A��ei�—}3c�-liics9 e-Firi-�—��iE�l��i-Fi� � �ti�—ii9�� i �� e�—�e-r—�—�� r�r� i-�,—a s�e ��g r-e��et e �-s �}�T� �e��rEa-�—��s i��t��-re e��a� �i-ffdz—��-�t�;—�-�aE�$-e�--a�--as-��g�r--e €e �e�e i-ffgTe�—a�--�t-��eg�aa _ �='_ _�� 67 �l ff. "Probation" means the status of a Person that has not complied with the conditions of this Chapter. gg. "Probationary Period" means one yea= from the date that a Person has been notified in writing tnat they have been put on Probation. nh. "Repair" means the temporary construction work necessary to make the Right-of-Way useable for tra��el. �i. "Registrant" means any Person who (1) has or _seeks to have its Equipment or Facilities located in any Right-of-Way, or (2) in any way occupies or uses, or seeks to occupy-or use, the Right-of-Way or place its Facilities in the Right-of- Way. jj. "Registration fee" means money paid to the city by a Registrant to cover the cost associated with registration. kk. "Restore or Restoration" means the process by which an excavated Right-of-Way and surrounding area, including pavement and foundation is returned to the same condition and life expectancy that existed before excavation. i?. "Restoration Cost" means the amount of money paid to the City by.a Permittee to achieve the level of restoration according to plates 1 to 13 to PUC rules :nm. "Right-of-Way or Public Right-of-Way" means the area on, below, or above a public roadway, highway, street, cartway, bicycle lane and public sidewalk in which the City has an interest, including other dedicated rights-of-way for travel purposes and utility easements of the City. A Right-of-Way does not include the airwaves above a Right- of-Way with regard to cellular or other nonwire telecommunications or broadcast service. nn. '�Right-of-Way Permit" means either the Excavation Permit or the Obstruction Permit, or both, depending on the context, required by this Chapter. oo. "Right-of-way user" means (1) a telecommunications right- of-way user as defined by Minnesota Statutes, section 237.162, subdivision 4; or (2) a person owning or controlling a facility in the right-of-way that is used or intended to be used for providing utility service, and who has a right under law, franchise, or ordinance to use the public right-of-way. pp. "Service" or "Utility Service" includes but is not limited to (1) those services provided by a public utility as defined in Minn. Stat. § 216B.02, subds. 4 and 6; {�}- �e�e�t��e�rs��ge��e i�.. ..}„ ..,,,.. �.. �r�e--a�� a��-�e�tt�-��t-�s�rs� e��r , 68 . �� e 8 0� ti�� e� e� g�—e �—go�e-� `'i�^o `"'�'E.LCJt�� i � =�r u i c�_. � �e€�e��--Fit� (2) services at a telecommunicators right-of-way user, includinq transporting of voice or data information; (3) services of a cable communications systems as defined in Minn. Stat. Chap. 238; (4) natural gas or electric enerqv or telecommunications services provided bv the city; (5) services provided by a cooperative electric association organized under Minnesota Statutes, Chapter 308A; and (6) water, sewer, steam, cooling or heating services. "Supplementary Application" means an application made to Excavate or Obstruct more of the Right-of-Way permitted or to extend a permit that had already been issued. rr. "Telecommunication Rights-of-Way User" means a Person owning or controlling a Facility in the Right-of-Way, or seeking to own or control a Facility in the Right-of-Way, that is used or is intended to be used for transporting telecommunication or other voice or data information. For purposes of this Chapter, a cable communication system defined and regulated under Minn. Stat. Chapter 238, and telecommunication activities related to providing natural gas or electric energy services whether provided by a public utility as defined in Minn. Stat. Section 21o'B.02 a municipality, a ��.:nicipal gas or power agency organized under Minn. Stat. Cnaps. 453 and 453A, or a cooperative electric association organized under Minn. Stat. Chap. 308A, are not Telecommunications Right-of-�Aay Users for purposes of this C:�apter . ss. "Temporary surface" means the compaction of subbase and aggregate base and replacement, in kind, of the existing pavement only to the edges of the excavation. It is temporary in nature except when the replacement is_ of pavement included in the city's two-year plan, in case it is considered full restoration. tt. "Trench" means an excavation in the pavement, with the excavation having a length equal to or greater than the width of the pavement. uu. "Two year project plan" shows projects adopted by the City for construction within the next two years. vv. "Unusable or Unused Equipment and Facilities" means Equipment and Facilities in the Right-of-Way which have remained unused for one year and/or for facilities that are not registered or located by Gopher One Call or for which • � � the Registrant is unable to provide proof that it has either a plan to begin using it within the next twelve (12) months or a potential purchaser or user of the Equipment or Facilities. ww. "User Fee" is the sum of money, payable to the City, by a person using or occupying the Right-of-Way; provided, however, that the City may at its option provide, at any time by ordinance or by amendment thereto, for a greater or different fee applicable to all such persons in an amount and by a method of determination as may be further provided in such ordinance or amendment thereto. . 407.03. ADMZNISTRATION 1. Responsibility. � The City Manager is the principal City official responsible for the administration of the Rights-of-Way, Right-of-Way Permits, and the ordinances related thereto. The City Manager may delegate any or all of the duties hereunder. 2. Franchise: Franchise Supremacy. The City may, in addition to the requirements of this Chapter, require any person which has or seeks to have equipment located in any Riqht- of-Way to obtain a franchise to the full extent permitted by law now or hereinafter enacted. The terms of any franchise which are in direct conflict with any provision of this Chapter whether granted prior or subsequent to enactment of this Chapter, shall control and supercede the conflicting terms of this Chapter. All other terms of this Chapter shall be fully applicable to all Persons whether franchised or not. 407.04. REGISTRATION AND RIGHT-OF-WAY OCCUPANCY 1. Registration. Each person who occupies, uses, or seeks to occupy or use, the public Right-of-Way or place any Equipment or Facilities in the Right-of-Way, including Persons with installation and maintenance responsibilities by lease, sublease or assignment, must register with the City. Registration will consist of providing application information and paying a registration fee. 2. Registration Prior to Work. No Person may construct, install, repair, remove, relocate, or perform any other work on, or use any Equipment or Facility or any part thereof in any Right-of-Way without first being registered with the City. 7� �l 3. Exceptions. Nothing herein shall be construed to repeal or amend the provisions of a City ordinance permitting Persons to plant or maintain boulevard plantings or gardens in the area of the Right-of-Way between their property and the street curb. Persons planting or maintaining boulevard plantings or gardens shall not be deemed to use or occupy the Right-of-Way, and shall not be required to obtain any permits for planting or maintaining such boulevard plantings or gardens under this Chapter. However, nothing herein relieves a Person from complying with the provisions of the Minn. Stat. Chapter. 216D, "One call" Law. SECTION 407.05. REGISTRATION INFORMATION 1. Information Required. The information provided to the City at the time of registration shall include, but not be limited to: a. Eacfi Registrant's name, Gopher One-Call registration certificate number, address and E-mail address if applicable, and telephone and facsimile numbers. b. The name, address and E-mail address, if applicable, and telephone and facsimile numbers of a Local Representative. The Local Representative or designee shall be available at all times. Current information regarding how to contact the Local Representative in an Emergency shall be provided at the time of registration. c. A certificate of insurance or self-insurance acceDtable by the city: 1. Verify that an insurance policy has been issued to tne Registrant by an insurance company licensed to do business in the State of Minnesota, or a form of self insurance acceptable to the City; 2. Verifying that the Registrant is insured against claims for Personal injury, including death, as well as claims for property damage arising out of the (i) use and occupancy of the Right-of-Way by the Registrant, its officers, agents, employees and Permittees, and (ii) placement and use of Facilities in the Right-of-Way by the Registrant, its officers, agents, employees and Permittees, including, but not limited to, protection against liability arising from completed operations, damage of underground Facilities and collapse of property; 3. Naming the City as an additional insured as to whom the coverages required herein are in force and applicable and for whom defense will be provided as to all such coverages; 71 4. Requiring that the City be notified thirty (30) days in advance of cancellation of the policy or material modification of a coverage term; 5. Indicating comprehensive liability coverage, automobile liability coverage, workers compensation and umbrella coverage established by the City in amounts sufficient to protect the City and the public and to carry out the pur.poses and policies of this Chapter. d. The �City may require a copy o� the actual insurance policies. e. If the Person is a corporation, a copy of the certificate required to be filed under Minn. Stat. § 300.06 as recorded and certified to by the Secretary of State. f. A copy of the Person's order granting a certificate of authority from the Minnesota Public Utilities Commission or other applicable state or federal agency, where the Person is lawfully required to have such certificate from said Commission or other state or federal agency. 1. Notice of Changes. The Registrant shall keep all of the information listed above current at all times by providing to the City information as to changes within fifteen (15) days following the date on which the Registrant has knowledge of any change. 2. Grant cr Right; Payment of liser Fee. Any person required to register under Section 407.04, which furnishes utility services or which occupies, uses, or places its equipment in the up blic right-of-way, is hereby granted a right to do so if and only so long as it (1) timely pays the user fee as provided herein, and (2) complies with all other requirements of law. This legal entitlement shall not include use of the right-of-way for purposes not in furtherance of furnishing utility services for which additional authorization is required by this Code or other state or federal law, unless the person pays the user fee for such non-utility service use. The user fee reflects the value of the right-of-way needed for new facilities and is based on the average market value of the land, adjusting for the cost of acquisition and non-exclusive use. The dimensions of the occupied land shall incorporate the Gopher One Call criteria of 2-foot clearance on all sides. Such fee shall be paid to the City in substantially equal (quarterly, semi-annual, annual} installments, subject to adjustment and correction at the conclusion of the calendar year. Such fee shall be paid for all and any part of a calendar year, prorated on a daily basis, during any time period in 72 8 0 9 which the said person uses or occupies the right-of-way to furnish utility serviced, or places, maintains or uses its wires, mains, pipes, or any other facilities or equipment in the right-of-way. This s�ction does not apply to a person whic:z uses and occupi�s the right-of-way for operating its business when there is a pre-existing franchise agreement between that person and the city and the payment of a franchise fees, nor does it apply to the repair, replacement or reconstruction of an existing facility. The grant of such right is expressly conditioned on, and is subject to, continuing compliance with all provisions of law, includinq this Chapter. � 407.06. REPORTING OBLIGATIONS 1. Operations. Each Registrant proposing to work in the city shall, at the time of registration and by December 1 of each year, file a construction and major maintenance plan for underground Facilities with the City. Such plan shall be submitted using a format designated by the City and shall contain the information determined by the City to be necessary to facilitate the coordination and reduction in the frequency of Excavations and Obstructions of Rights-of-Way. The plan shall include, but not be limited to, the following information: a. The locations and the estimated beginning and ending dates of all Projects to be commenced during the next calendar year (in this section, a"Next-year Project"); and b. To the extent known, the tentative locations and estimated beginning and ending dates for all Projects contemplated for the five years following the next calendar year (in this section, a "Five-year Project"). The term "project" in this section shall include both Next-year Projects and Five-year Projects. By January 1 of each year the City will have available for inspection a composite list of all Projects of which the City has been informed in the annual plans. All Registrants are responsible for keeping themselves informed of the current status of this list. Thereafter, by February 1, each Registrant may change any Project in its list of Next-year Projects, and must notify the City and all other Registrants of all such changes in said list. Notwithstanding the foregoing, a Registrant may at any time join in a Next-year Project of another Registrant listed by the other Registrant. 73 e 2. Additional Next-year Projects. Notwithstanding the foregoing, the City will not deny an application for a Right-of-Way Permit for failure to include a project in a plan submitted to the City if the Registrant has used commercially reasonable efforts to anticipate and plan for the project. 3. Applicants obtaining Anoka County Highway or Minnesota Department of Transportation excavation permits for facilities in their rights-of-way within the corporate limits of the City must provide a copy to the City and submit a copy of the plans with mapping data for recording purposes per Section 407.21. _ - SECTION 407.07. PERMIT REQUIREMENT 1. Permit Required. , Except as otherwise provided in this Code, no Person may Obstruct or Excavate any Right-of-Way without first having registered and obtained the appropriate Right-of-Way Permit from the City to do so. a. Excavation Permit. An Excavation Permit is required to excavate tnat part of the Right-of-Way described in such permit and to hinder free and open passage over the specified portion of the Right-of-Way by placing equipment on facilities described therein, to the extent and for the duration specified therein. . .. � Multiole excavations limited to e�� '_:l `�'_=='._ 600 feet are considered one project and require an excavation permit. Each permit application will require the mapping data per Section 407.21. b. Obstruction Permit. An Obstruction Permit is required �;• �'_';;—_�_?�►*� to hinder free and open passage over a specified portion af Right-of-Way for periods in excess of 8 consecutive hours by placing Equipment described therein on the Right-of-Way, to the extent and for the duration specified therein. An Obstruction Permit is not required if a Person already possesses a valid Excavation Permit for the same project. Failure to obtain an obstruction permit prior to the obstruction will require an after-the-fact obstruction permit plus payment of a delay penalty. _ _ 74� c. Permit Waiver In the event of a major catastrophe or emergency declared by the City requiring the restoration of services that are within the right-of-way, the requirement for permits and permit fees may be waiv�d by the City at its discretion. After restoration of the service has been completed, an updated mapping plan per Section 407.21 must be submitted to the City within 60 days. 2. Permit Extensions. No Person may Excavate or Obstruct the Right-of-Way beyond the date or dates specified in the permit unless such Person (i) makes a Supplementary Application for another Right-of-Way Permit before the expiration of the initial permit, and (ii) a new permit or permit extension is granted. 3. Delay Penalty. Notwithstanding subd. 2 of this section, the City shall establish and impose a Delay Penalty for unreasonable delays not including days during which work cannot be done because of circumstances constituting force majeure or days when work is prohibited as unseasonal or unreasonable in Right-of-Way Excavation, Obstruction, Patching, or Restoration. The Delay Penalty shall be established from time to time by City Council resolution and shall include any delay or damages charged by the City's construction contractor and may include liQUidated damages consistent with the contract. 4. Per�it Display. Permits issued under this Chapter shall be conspicuously displayed or otherwise available at all times at the indicated work site and shall be available for inspection by the City. SECTION 407.08. PERMIT APPLICATIONS Application for a permit is made to the City. Right-of-Way Permit applications shall contain, and will be considered complete only upon compliance with the requirements of the following provisions. a. Registration with the City pursuant to this Chapter; b. Submission of a completed permit application form, including all required attachments, and scaled drawings showing the location and area of the proposed projeet and the location of all known existing and proposed Facilities. c. Payment of money due the City for 1. permit fees, estimated Restoration Costs and other � Management Costs; _ ' - 75 - 2. prior Obstructions or Excavations; 3. any _ loss, damage, or expense suffered by the City because of Applicant's prior excavations or Obstructions of the rights-of-way or any Emergency actions taken by the City; 4. franchise or user fees, if applicable. d. Payment of disputed amounts due the City by posting security or depositing in an escrow account an amount_ equal to at least 110� of the amount owing. e. When an Excavation Permit is requested for purposes of installing additional Facilities, and the posting of a Construction Performance Bond for the additional Facilities is insufficient, the posting of an additional or larger Construction Performance Bond for the additional Facilities may be required. SECTION 407.09. ISSUANCE OF PERMIT; CONDITIONS 1. Permit Issuance. If the Applicant has satisfied the requirements of this Chapter, the City_shall issue a permit. 2. Conditions. The City may impose reasonable conditions upon the issuance of the permit and the performance of the Applicant thereunder to protect the health, safety and welfare or when necessary to protect the Right-of- way and its current use. SECTION 407.10. PERMIT FEES 1. Excavation Permit Fee. The Excavation Permit Fee shall be established by the City in an amount sufficient to recover the following costs: a. the City Management Costs; b. Mapping Costs; c. Degradation Costs, if applicable. 2. Obstruction Permit Fee. The Obstruction Permit Fee shall be es �a�� e� ��e—��-��t�� e in an amount sufficient to recover the City Management Costs associated with recording and inspecting the right-of-way obstruction. 76 is _ C 9 0 3. Pa�nnent of Permit Fees . a. No Excavation Permit or Obstruction Permit shall be issued without payment of Excavation or Obstruction Permit Fees. The City may allow Applicant to pay such fees within thirty (30) days of billing. b. The mapping portion of the excavation fees� is waived if the mapping data provided to the City ^` `'�'"""" is in GIS compatible and City format. 4. Non refundable. - Permit fees that were paid for a permit that the City has revoked for a breach as stated in Section 407.20 are not refundable. 5. Application to franchises. Unless otherwise specified to in a franchise, management cost's may be charged separately from and in addition to the franchise fees imposed on a ricrht-of-way user in the franchise. 6. Waiver of Fees. Payment of fees, as identified in this Chapter, with the exception of restoration costs, for water and/or sanitary sewer connections to property in the city are waived. However Registration and the Right- of-way Pe�mit application must be submitted and approved by the city Drior to commencement of any work. SECTION 4�7.11. RIGHT-OF-WAY PATCHING AND RESTORATION 1. Ti:,li::g. The work to be done under the Excavation Permit, and the Patching or Restoration of the Right-of-Way as required herein, must be completed within the dates specified in the permit, increased by as many days as work could not be done because of extraordinary circumstances beyond the control of the Permittee or when work was prohibited as unseasonal or unreasonable under Section 407.14. 2. Patch and Restoration. Permittee shall Patch its own work. The City may choose either to have the Permittee restore the Right-of-Way or to Restore the pavement itself. a. City Restoration. If tne City restores the pavement, Permittee shall pay the costs thereof within thirty (30) days of billing. If, during the twenty-four (24) months following such Restoration, the pavement settles due to Permittee's improper backfilling, the Permittee � 77 shall pay to the City, within thirty (30) days of b�lling, all costs associated with having to correct the defecti e work. b. Permittee Restoration. If t'r.e Permittee Restores the Right-of-Way itself, t require at the time of application for an Excavatior posting of a Construction Performance Bor.d in an amc deteamined by the City to be sufficient to cover the Restoration in accordance with the provisions of_Mir 7819.3000. If, within twenty-four (24) months aftei of the Restoration of the Right-of-Way, the City det the Right-of-Way has been properly Restored, the sur Construction Performance Bond shall be released. 3. Standards. e City may Permit the nt cost of esota Rules completion rmines that ty on the The Permittee shall perform Excavation Patching and/o Restoration according to the standards and with the materials spe ified by the City and shall comply with Minnesota Rule 7819.11Q0. T e City shall have the authority to prescribe the manner and e tent of the Restoration, and may do so in written procedures of general application or,on a case-by-case basis. �e ..�, Methods of restoration may include, but are not limited replacement of the right-of-way base, and milling and � entire area of_the riaht-of-way affected by the work. o, patching, �rlav of the 78 - � The permittee shall correct defects in patchin , or restoration aerformed by permittee or its a ents. Permittee u on notification from the City, sha11 correct all restoration work to the extent necessary, using the method required by the Citv. Said work shall be completed within five (5) calendar davs of the receipt of the notice from the City, not i�cludin days durin which work cannot be done because or circumstances constitutinq force ma'eure or davs when work is prohibited as unseasonal or unreasonable under Section 407.14. If the permittee fails to restore the right-of-wav in the manner and to the condition required bv the city, or fails to satisfactorilv and timely comolete all restorations required by the city, the citv as an option, may do such work. In that event, the permittee shall av to the city, within thirty (30) davs of billin , the cost of restorin the right-of-way. . 4. Guarantees. By choosinq to Restore the Right-of-Way itself, the Permittee guarantees its work and shall maintain it for twenty-four (24) months following its completion. During this 24-month period it shall, upon notification from the City, correct all restoration work to the extent necessary, using the method required by the City. Said work shall be completed within five (5) calendar days of the receipt of the notice from the City, not including days during which work cannot be done because of circumstances constituting force majeure cr days when work is prohibited as unseasonal or unreasonable under Section 407.14. 5. Obligation. Construct�on triggers an obligation of the right-of-way user that the right-of-�ay restoration be completed according to the conditions set forth ir. this Cnaoter. The right-of-way user also assumes responsib�lity for "as built" drawings and for repairing facilities or structures, including right-of-way that was damaged during facility installa*_=on. The obligation is limited to one year for plantings and turf establishment. 6. Failure to Restore. If the Permi to the condil timely comple option may dc City, within Right-of-��1ay. exercise its :tee fails to Restore the Right-of-Way in the manner and .ion required by the City, or fails to satisfactorily and te all Restoration required by the City, the City at its such work. In that event the Permittee shall pay to the thirty (30) days of billing, the cost of Restoring the If Permittee fails to pay as required, the City may rights under the Construction Performance Bond. 7. Degradation Cost in Lieu of Restoration. In lieu of Right-of-�Aay Restoration, a Right-of-Way user may elect to pay a Degradation Fee with the approval of the City. However, the Right-of-Way User shall remain responsible for Patching and the �� Degradation Fee shall not include the cost to responsibilities. S�CTION 407.12. JOINT APPLICATIONS 1. Joir.t Application. : acc mplish these Registrants may jointly apply for permits to Excavate Right-of-Way at the same place and time. 2. With City Projects. Obstruct the Registrants who join in a scheduled Obstruction r Excavation performed by the City, whether or not it is a joint appl'cation by two or more Registrants or a single application, are not re uired to pay the Obstruction and Degradation portions of the permit fee. An excavation permit application however must be complet circumstances, the excavation fee will be waived. Mapping data must be provided per Section 407.21. 3. Shared Fees. Registrants who apply for permits for Excavation, which the City does not per€orm of the Obstruction or Excavation Permit Fee among themselves as to the portion each will on their applications. S�CTION 4'�7.13. SUPPLEMENTARY APPLICATIONS _. Lim��ation on Area. . In these the same O struction or , may share i the payment . Registran s must agree pay and indicate the same A Right-of-Way Permit is valid only for the area of the Right-of-Way specified in the permit. No Permittee may obstruct or do any work outside the area specified in the permit, except as pro ided herein. Any Permittee which determines that an area greater than that specified in the permit must be Obstructed or Excavate must before working in that greater area (i) make application or a permit extension and pay any additional fees required thereby, and (ii) be granted a new.permit or permit extension. 2. Limitation on Dates. A Right-of-Way Permit is valid only for the dates spec permit. No Permittee may begin its work before the perm or, except as provided herein, continue working after t If a Permittee does not finish the work by the permit must apply for a new permit for the additional time i receive the new permit or an extension of the old F working after the end date of the previous permit. This Application must be �eAe approved before the initial perm: :1 ified in the .t start date he end date. end date, it t needs, and ermit before >upplementary .t end date. u . . 0 SECTION 407.14. OTHER OBLIGATIONS 1. Compliance With Other Laws. Obtaining a Right-of-Way Permit does not relieve Permittee of its duty to obtain all other necessary permits, licenses, and authority and to pay all fees required by the City or other applicable rule, law or regulation. A Permittee shall comply with all requirements of local, state and tederal laws, including Minn. Stat. §§ 216D.01-.09 ("One Call Excavation Notice System"). A Permittee shall perform all work in conformance with all applicable codes and established rules and regulations, and is responsible for all work done in the Right-of,-Way pursuant to its permit, regardless of who does the work. 2. Prohibited Work. Except in an Emergency, and with the approval of the City, no Right- of-Way Obstruction or Excavation may be done when seasonally prohibited or when conditions are unreasonable for such work. 3. Interference with Right-of-Way. A Permittee shall not so Obstruct a Right-of-Way tnat the natural free and clear passage of water through the gutters or other waterways shall be interfered ��rith. Private vehicles of those doing wo.rk in the Right-of-Way may not be parked within or next to a permit area, unless parked in conformance with City parking regulations. The loading or unloading of trucks must be done solely within the defined permit area unless specifically authorized by the permit. SECTION 407.15. DENZAL OF PERMIT Tne City may deny a permit for failure to meet the requirements and conditions of this Chapter or if the City determines that the denial is necessary to protect the health, safety, and welfare or when- necessary to protect the Right-of-Way and its current use. 1. Mandatory Denial. Except in an emergency, no right-of-way permit will be granted. a. To any person required . to be registered who has not done so; b. To any person required . to file an annual report but has failed to do so; - c. For any next-year project not listed in the construction and major maintenance plan required under this chapter; d. For any project which requires the excavation of any portion of a right-of-way which was constructed or reconstructed within the precedinq five (5) years; : e. To any person who has failed within the years to comply, or is presently not in ful with the requirements of this Chapter; past two (2) L compliance, f. To an erson who has outstandin debt owed to the City; and g. To any person as to whom there exists g ounds for the re�ocation of a permit ��e��t-�� 4�7.'z?-8 or �r.�r��l 2. Permissive Denial. The City may deny a permit to protect the public health, safety and welfare, to prevent interference with the safety and c nvenience of ordinary travel over the right-of-way, would cause a conflict or interfere with an exhibition, celebration, festival, r an other event, or when necessary to protect the right-of-way an its users. The City may consider one or more of the following factors: a. � the extent to which right-of-way space where sought is available; the competing demands for the particular s right-of-way; e permit is e in the c. tne availability of other locations in the ri ht-of-way or in other rights-of-way for the equipment or f cilities of the permit applicant; d. the applicability of ordinance or other regula ions of the right-of-way that affect location of e uipment or facilities in the right-of-way; — e_. the degree of compliance of the applicant� wi h the terms and conditions of its franchise, this Chapte , and other applicable ordinances and regulations; f. the degree of disruption to surrounding neigh orhoods and businesses that will result from the use of hat part of the right-of-way; � the condition and age of the right-of-way, and whether and when it is scheduled for total or partial rec nstruction; and : . 0 h. the balancing of the costs of damage to the right-of-way, part of the public served by oarts of the right-of-way. 3. Discr�tionary Issuance. disruption to the public and against the benefits to that the expansion into additional Notwithstar.ding the provisions of this Section subd. 1, the City may issue a permit in any case where the permit is necessary- (a) to prevent substantial economic hardship to a customer of the permit aoplican�, or (b) to allow such customer to materially improve its utility service, or (c) to allow a new economic development project, or otherwise required by law; and where the permit applicant did not have knowledge of the hardship, the plans for improvement of service, or the development project when said applicant was required to submit its list of Next-year Projects. 4. Permits for Additional Next-year Projects. Notwithstanding the provisions of this Section subd. 1 above, the City may issue a permit to a registrant who was allowed under Section 407.07 Subd. 2, to submit an additional Next-year Project, such permit to be subject to all conditions and requirements of law, including such conditions as may be imposed under Section 407.09. SECTION 407.16. INSTALLATION REQUIREMENTS The excavation, backfilling, patching, repair, and restoration, and all other work performed in the Right-of-Way shall be done in conformance with Engineering Standards adopted by the PUC or other apolicabl� local requirements, in so far as they are not inconsistent with n�� n.��rys the Minnesota Statutes Secs. 237.162 and 237.163. SECTION 407.17. INSPECTION 1. Notice of Completion. When the work under any permit hereunder is completed, the permittee shall furnish a Completion Certificate in accordance with Minnesota Rule 7819.1300. Unless waived by the city, a person designated by the right-of-way user as a responsible employee shall sign a completion certificate showing the completion date for the work performed, identifying the installer and designer of record, and certifying that work was completed according to the requirements of the city. If necessary due to approved changes for the work.as projected when the permit was applied for, the permittee shall submit "as built" drawings or maps within six months of completing the work, showing any deviations from the plan that are greater than plus or minus two feet. � 83 � The city shall respond within 30 days of receipt of t certificate. Failu=e to approve or disapprove the performance within 30 days is deemed to be approval by th 2. Site Inspection. completion permittee's city. Permittee shall make =:�e work-site available to the Ci y and to all others as authorized by la�� for ir.spection at all reasonable times during the execution o� and upon completion of the work. 3. Authority of City. a. At the time of inspection the City may order the immediate cessation of any work which poses a serious hreat to the life, health, safety or well-being of the public. L The City may issue an order to the Permittee for any work which does not conform to the terms of the p rmit or other applicable standards, conditions, or codes. The order shall state that failure to correct the viol tion will be cause for revocation of the permit. Within en (10) days after issuance of the order, the Permittee hall present proof to the City that the violation has be n corrected. If such proof has not been presented within the required time, the City may revoke the permit pursua t to Section 407.20. SECTION 407.18. WORK DGNE WITHOUT A PERMIT 1. Emergency Situations. Eacn Registrant shall immediately notify the City f any event regarding its Facilities which it considers to be an Em rgency. The Registrant may proceed to take whatever actions are necessary to respond to the Emergency. Within two business da s after the occurrence of the Emergency the Registrant shall a ply for the necessary permits, pay the fees associated therewith an fulfill the rest of the requirements necessary to bring itself in o compliance with this Chapter for the actions it took in res onse to the Emergency. If the City becomes aware of an emergency regarding a Registrant's Equipment or Facilities, the City will attempt to cont ct the Local Representative of each Registrant affected, or potentially affected by the Emergency. In any event, the City may take whate er action it deems necessary to respond to the Emergency, the cost o which shall be borne by the Registrant whose Facilities occasioned th Emergency. 2. Non-Emergency Situations. Except in an Emergency, any Person who, without first h ving obtained the nece_ssary permit, Obstructs or Excavates a Righ -of-Way must subsequently obtain a permit, and as a penalty pay dou le the normal fee for said permit, pay double all the other fees re uired by the . , c 0 0 Legislative Code, deposit with the City the fees necessary to correct any damage to the Right-of-Way and comply with all of the requirements of this Chapter. SECTION 407.19. SUPPLENIENTARY NOTIFICATION If the Obstruction or Excavation of the Right-of-Way begins later or ezds sooner than the date given on the permit, Permittee shall notify the City of the accurate information as soon as this information is known. - " SECTION 407.20. REVOCATION OF PERMITS 1. Substantial Breach. The City reserves its right, as provided herein, to revoke any Right- of-Way Permit, without a fee refund, in the event of a substantial breach of the terms and conditions of any statute, ordinance, rule or regulation, or any material condition of the permit including a threat to the safety of workers or the right-of-way user or the utility users. A substantial breach by Permittee shall include, but shall not be limited to, the following: a. The violation of any material provision of the Right-of-Way Permit; � b. An evasion or attempt to evade any material provision of the Right-of-Way Permit, or the perpetration or attempt to oe�petrate any fraud or deceit upon the City or its citizens; ' c. Any material misrepresentation of fact in the application for a Right-of-Way Permit; d. The failure to complete the work in a timely manner; unless a permit extension is obtained or unless the failure to complete work is due to reasons beyond the Permittee's control; or e. Failure to relocate existing facilities as specified in 5ec. 407.23; or f. Failure of the utility to pay any required costs, fees, or charges billed by the City or g. The failure to correct, in a timely manner, work that does not conform to a condition indicated on an Order issued pursuant to this chapter. - 85 2. Written Notice of Breach. If the City determines that the Permittee has committed � breach o' a term or condition of any statute, ordi regulatic-! or any condition of the permit the City : written csmand uoon the Permittee to remedy such vio: demand s�all state that continued violations may b� revocatio:: of the permit. A substantial breach, as state� allow the City to place additional or revised conditions � to mitiga�s and remedy the breach. 3. Res�ense to Notice of Breach. Within twenty-four (24) hours of receiving notification o Permittee shall provide the City with a plan, acceptable that will cure the breach. Permittee's failure to so City, or the Permittee's failure to submit an accepta Permittee's failure to reasonably implement the approvec be cause for immediate revocation of the permit. Further failure to so contact the City, or the Permittee's faili an acceptable plan, or Permittee's failure to reasonably approved alan, shall automatically place the Permittee for one (I) full year. 4. Cause for Probation. From time to time, the City may establish a list of cond permit, a::ich if breached w�ill automatically place the Probatic:: f�r one full year, such as, but not limited to of the a?'otted time period or working on Right-of-Way gr of the pe=�it authorization. 5. Rut��:atic Revocation. , substantial iance, rul�, hall make a ation. The . cause for l above, will �n the permit ` the breach, to the City, contact the �le plan, or plan, shall Permittee's re to submit .mplement the on Probation tions of the Permittee on working out �ssly outside If a Pe�:,tittee, while on Probation, commits a breach as outlined above, Pe-mittee's permit will automatically be revoked nd Permittee will not be allowed further permits for one full year except for Emergency repairs. 6. Reimbursement of City Costs. If a permit is revoked, the Permittee shall also reimbu for the City's reasonable costs, including Restoration C costs of collection and reasonable attorneys' fees connection with such revocation. SECTION 407.21. MAPPING DATA 1. Information Required. Each Registrant shall provide in accordance with Minnesota the following information: rse the City �sts and the incurred in Mapping information require by the City Rules 7819.4000 and 7819.41 0 to include_ . � e � a. location and approximate depth of applicant's mains, cables, conduits, switches, and related equipment and facilities, with the location based on: 1. offse�s from property lines, distances from the cente=line of the public right-o�-way, and curb lines as de�srmined by tne city; or 2. coordinates derived from the coordinate system being used by the city; or _ 3. any other system agreed upon by the right-of-way user and city; b. the type and size of the utility; c. a description showing above-ground appurtenances; d. a legend explaining symbols, characters, abbreviations, scale, and other data shown on the map; and e. any facilities to be abandoned, if a licable, in conformance with Minnesota Statutes � 216D.04, Subd. 3. f. The permittee shall submit "as built" drawin s reflectin any subsequent chan es and variations from the information provided under 407.08, Subp. 6. g_ The riqht-of-way user is not required to rovide or conveV mapping information or data in a format or manner that is different �rom that ahich it currently utilizes and maintains. The right-of-way user shall, however, include the cost to covert the data furnished by the ri ht-of-way user to a format currently in use bv the citv as part of the permit application fee. These data conversion costs, unlike other costs that make up permit fees, may be included in the permit fee after the permit ap lication rocess is completed and shall be immediatelv due to the city upon the ascertainment of the cost and notice of the fee to the �plicant. An_y permit for which such fee has not been aid within 30 days of notice from the citv may upon written notice be revoked. The citv shall not issue anv other permits to the reqistrant related to anv citv ri ht-of-wav until such fee is paid. h. Mapping data shall be provided with the specificity requested by the City for inclusion in the mapping system used by the city. i. For mapping data provided to the City of Fridley in GIS compatible and City format, the mapping portion of the excavation fee is waived. �� 2. � Submittal Requirement. a. Within six (6) months after the acquisition, or construction of additional equipment or a: abandonment, or disuse of existing eqt registrant shall submit the Mapping Data requ? installation, �y relocat�on, ipment, each :ed herein. b. Within two" (2) years after the date o: oa sage of tzis Chapter, all existing right-of-way users shall submit detailed plans as may be reasonable and pra tical for all facilities and equipment installed, used or ab ndoned within the public right-of-way. c. Notwithstanding the foregoing, Mapping Data shall be submitted by all Registrants for all equipment which is to be installed or constructed after the date f passage of this Chapte� at the time any permits are soug t under these ordinances. d. Six (6) months after the passage of this C apter, a new Registrant, or a Registrant which has not su mitted a plan as required above, shall submit complete and accurate Mapping Data for all its equipment at the ti e any permits are sought under these ordinances. 3. . Telecommunication Equipment. Information on existing facilities and equipment of telec mmunications right-of-way users need only be supplied in the form main ained by tne telecommunications right-of-way user. 4. Trade Secret Information. At the request of any Registrant, any information requ sted by the City, whicn qualifies as a"trade-secret" under Minn. Sta .§ 13.37(b) shall be treated as trade secret information as detailed herein. SECTION 407.22. LOCATION OF FACILITIES 1. Undergrounding. New construction and the installation of new faci�ities hall be done underground or contained within buildings or other s ructures in conformity with applicable codes when directed by the Cit Council. 2. Corridors. The City may assign specific corridors within the Right-o: pnrticular segment thereof as may be necessary, for e Facility that is or, pursuant to current technology, the will someday be located within the Right-of-Way. All obstruction, or other permits issued by the City i� installation or replacement of Facilities shall designat corridor for the Facilities at issue. : : -Way, or any ach type of City expects excavation, �volving the � the proper , Any Registrant who has Facilities in the Right-of-TAay in a position at variance with the corridors established by the City shall, no later than at the time of the next reconstruction or excavation of the area where the Facilities a=e located, move the Facilities to the assigned position within the Excavation of the Right-of-Way, unless this requirement is waived by the City for good cause shown, upon consideration of such factors as the remaining economic life of the Facilities, public safety, customer Service needs and hardship to the Registrant. _ 3. Nuisance. Two years after the passa e of this Chapter, any facilities found in a riqht-of-way that have not been re istered shall be deemed to be a nuisance. The Citv mav exercise anv remedies or ri hts it has at law or in equitv, includin , but not limited to, abatin the nuisance or takinq possession of the Equipment or Facilities and restorin the right-of-way to a usable condition. 4. Limitation of Space. To protect public health, safety, and welfare or when necessary to protect the Right-of-�Aay and its current use, the City shall have the power to prohibit or limit the placement of new or additional Facilities within the Right-of-Way. In making such decisions, the City shall strive to the extent possible to accommodate all existing and potential users of the Right-of-Way, but shall be guided primarily by considerations of the public interest, the public's needs for the particular Utility Service, the condition of the Right-of-Way, the time of year with resoect to essential utilities, the protection of existing Facilities ir. the Right-of-Way, and future City plans for public improvements and development projects which have been determined to be in the public interest. SECTION 407.23. RELOCATION OF FACILITIES A Registrant must promptly and at its own expense, with due regard for seasonal working conditions, permanently remove and relocate its Facilities in the Right-of-Way whenever the City for good cause requests such removal and relocation, and shall restore the Right-of- Way consistent with Minnesota Rules part 7819.0050 - 7819 9950 The City may make such request to prevent interference by the Company's Equipment or Facilities with (i) a present or future City use of the Right-of-Way, (ii) a public improvement undertaken by the City, (iii) an economic development project in which the City has an interest or investment, (iv) when the public health, safety and welfare require it, or (v) when necessary to prevent interference with the safety and convenience of ordinary travel over the Right-of-Way. Notwithstanding the foregoing, a Person shall not be required to remove or relocate its Facilities from any Right-of-Way which has been vacated in favor of a non-governmental entity unless and until the reasonable costs thereof are first paid to the Person thereof. . , SECTION 407.24. PRE-EXCAVATION FACILITY AND FACILITIES In addition to complying with the requirements of M: 216D.01-.09 ("One Call Excavation Notice System") befc date of any Right-of-Way excavation, each Registr Facilities or Equipment in the area to be excavated sl horizontal and = vertical placement of all sai Any Registrant whose Facilities is less than twenty (20) a concrete or asphalt. surface shall notify and work clo excavation contractor to establish the exact loca Facilities and the best procedure for excavation. SECTION 407.25. DAMAGE TO OTHER FACILITIES , ION nn. Stat. §§ re the start int who has iall mark the d Facilities. inches below sely with the :ion of its When the City does work in the Right-of-Way and finds i necessary to maintain, support, or move a�eg�st �� persons acilities to protect it, the City shall notify the Local Representati e as early as is reasonably possible. The costs associated therewith ill be billed to that �Eeg-�� person and must be paid within thi ty (30) days from the date of billing. Each person shall be responsible for the cost of : Facilities in the Right-of-Way which it or its Facili Each person shall be responsible for the cost of repairi to the Facilities of another persons caused during the C: to an Emergency occasioned by that persons Facilities. SECTION 407.26. RIGHT-OF-WAY VACATION 1. Reservation of Right. If the City vacates a Right-of-Way which contains the Fa Registrant, and if the vacation does not require the Registrant's or Permittee's Facilities, the registrant's vacated right-of-way are governed by Minnesota Rule 17819 City shall reserve, to and for itself and all Regisi Facilities in the vacated Right-of-Way, the right to inst and operate any Facilities in the vacated Right-of-Way upon such Right-of-Way at any time for the purpose of re inspecting, maintaining or repairing the same. 2. Relocation of Facilities. If the vacation requires the relocation of Registrant's c Facilities; and (i) if the vacation proceedings are ini Registrant or Permittee, the Registrant or Permittee relocation costs; or (ii) if the vacation proceedings are the City, the Registrant or Permittee must pay the rel unless otherwise agreed to by the City and the F Permittee; or (iii) if the vacation proceedings are ir Person or Persons other than the Registrant or Permitte Person or Persons must pay the relocation costs. •epairing any :ies damages. ng any damage ty's response cilities of a :elocation of riqhts in the .3200 and the :rants having all, maintain and to enter constructing, r Permittee's �iated by the �nust pay the initiated by �cation costs egistrant or itiated by a :, such other 90 - SECTIG�+ 407.27. 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Aut'r:o=ity, Gene=ally. As a cor.d��ion for issuin a ermit for work on a ublic i ht-of-wa , the Citv :na re uire the permittee to indemnif the it a ainst liabilit claims. The Cit ma re uire indemnification hen a ermit authorizes a ermitt�� to obstruct or excavate on or within a ublic ri ht-of-a=_ to ir.stall, maintain, or re air the ermittee's faciliti�s. 2�. Cla��s Indemnified Cit ma �-� uire the oermittee to defend, indemnif , and old harmless the Cit ��rom all liabilit or claims of liabilit for odil in'ur or death to ersons, or for ro ert dama e, in which the claim: A. alle es a ne li ent or otherwise wron ful act r omission of the ermittee or its em lo ee, a ent, or inde endent contractor in installin , maintainin , or e airin the ermittee's facilities; and alle es that the C't is liable, without alle in an inde endent ne li ent, or otherwise wron ful act or omission on the art of the Ci ; or B. is based on the Cit ne li ent or otherwise wr n ful act or omission in issuin the ermit or in failin t ro erl or ade uatel ins ect or enforce com liance ith a term, condition or purpose of the permit aranted to he permittee. 3. Clai�^s not Indemnified A oermitt�� is not reQUired to indemnif the Cit for losses or claims occasior.ec b the ne li ent or otherwise wron ful act o omission of the Citv e:ccept: A. to the extent authorized in sub art 2 re ardin the issuance of a permit or the i with the permit; or ection or enforcement f com liance B, when otherwise provided in an a licab�.e franchise agreement. 4. Remedy is Additional; Subrogation A defense or indemnification of the Cit b a ermittee 's deemed not to be a waiver of an defense or immunit otherwise ava lable to the City• A ermittee, in defendin an action on behalf of the Cit is entitled to assert ever defense or immunit that the Cit could ssert in its own behalf. 92 . I � � SECTION 407.28. ABANDONED AND UNUSABLE FACILITIES 1. Discontinued Operations. A Registrant who has determined to discontinue all or a portion of its operations in the City must provide informa*ion satisfactory to the City tha� the Registrant's obligations for its Facilities in the Right-of-��ay under this Chapter have been lawfully assumed by another Registrant and locate and provide to the City a map which clearly identifies the facility and also maintains it as a real property record. a--�� 'e ��--{'}��--a—��pes��---a�t� i�iS �*'ti�Fi2ii��—�9r �r ,. �,. � � _ .. �. , e € �-� s €�a�� } � } es � �� r��—�€ � �ee}s� � � a n � - -' � �e-� t-t�i s e �a trs e�—t-� �--��T�t�Qs � �� p �}�'�� e CS7.. L+.. 7 a' __ i • SZT 13TTC �e�Z7e'ST'�Q�Ae'FT� 2'F� CZ"F� �EFC4TtC S F� €�� A ��'�}}'�'JC—CI7G��re ZZ'CRS AZS'QD��F—a"F�L=E�T�'c� �--es �� e-§�-��ed--}� ��e��g�e--��i��e� 2. Abandoned Facilities. Facilities of a Registrant who fails to comply Section, and which, for two (2) years, remain after the passage of this Chapter, any Facilitie Way that nave not been Registered with the city abandoned. Ai�andoned racilities are deemed to City may exercise including, but no� possession of the useable condition, Registrant, or the 3. Removal. any remedies or rights it has limited to, (i) abating the Facilities and restoring t or (iii) requiring removal of with subd. 1 of this s unused or one year s found in a Right-of- shall be deemed to be be a nuisance. The as law or in equity, nuisance, (ii) taking he Right-of-Way to a the Facilities by the Registrant's successor in interest. Any Registrant who has unused, unusable and abandoned Facilities in any Right-of-Way shall remove it from that Right-of-Way if required in conjunction with other ri ht-of-wav repair, ii�� a�+�-r��}�r� �}�� r�`�� excavation or construction, unless this requirement is waived by the City or other remedy agreed to. SECTION 407.29. APPEAL A Right-of-Way user that: (1) has been denied registration; (2) has been denied a permit; (3) has had a permit revoked; or (4) believes that the fees imposed are invalid, may have the denial, revocation, or fee imposition reviewed, upon written request, by the City Council. The City Council shall act on a timely written request at its next regularly scheduled meeting. A decision by the City Council affirming 93 the denial, supported by decision. revocation, or fee imposition will be in� w�itten findings establishing the reasonab r�. ; � ...... : SECTION 407.30. RESERVATION OF REGULATORY AND POLICE POWE writing and eness of the A Permittee's or Registrant's rights are subject to the r gulatory and police powers of the City to adopt and enforce genera ordinances necessary to protect the health, safety and welfare of th public. SECTION 407.31. SEVERABILITY I.f any section, subsection, sentence, clause, phrase, o this Chapter is for any reason held invalid or unconstitui court or administrative agency of competent jurisdiction, shall be deemed a separate, distinct, and independent F such holding shall not affect the validity of the remair thereof. If a regulatory body or a court of competent should determine by a final, non-appealable order that right or registration issued under this Chapter or any this Chapter is illegal or unenforceable, then any such � or registration granted or deemed to exist hereund� considered as a revocable permit with a mutual right in to terminate without cause upon giving sixty (60) days w� to the other. The requirements and conditions of such permit shall be the same requirements and conditions as the permit, right or registration, respectively, except f� relating to the term of the permit and the riqht of Nothing in this Chapter precludes the City from requirin< agreement with the Applicant, as allowed by law, in requirements set forth herein. • , - portion of ional by any such portion rovision and ing portions jurisdiction any permit, portions of ermit, right r shall be either party itten notice a revocable set forth in �r conditions termination. a franchise addition to , 0 � f 0 SECTION 407.32 Any fees imposed under this chapter shall be reviewed and adopted at least annually at the same time and in the same manner as other fees established by the City. At any time, in its discretion, the City expressly reserves the right to review the fees imposed in this Chapter and, upon notice and public hearing, modify them if it is satisfied that such action is necessary to reflect the cost o� regulating and supervising the activities governed by this chapte=. CHAPTER 11, GENERAL PROVISIONS AND FEES - Section 11.10 "Fees" is amended to include the following: 407.04 Registration Fee S�8 50.00 407.07 Excavation Permit S�A-9� 300.00 407.07 Obstruction Permit $15.00 407.07 Permit Extension 515.00 407.07 Delay Penalty Permit extension fee plus $100.00 penalty 407.10 Mapping Fee 407.11 Degradation Cost 407.05 CTser Fee (Residential, commercial or industrial) $10 if data is not in City format and City GIS compatible Restoration cost per square foot for the area to be restored �-�-� r-- r-=;��= S1 per foot per year _ _. 95 � r � CffY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF AP DATE: April 5, 2000 TO: FROM: SUBJECT: William W. Burns, City Manage � r��; Barbara Dacy, Community Development Director Scott J. Hickok, Planning Coordinator Public Hearing to Consider Revocation of Special Use I 6290 Highway 65 L 10, 2000 it at INTRODUCTION The purpose of this memo is to request that the City Council set a pu lic hearing to consider revocation of a special use permit issued for an auto rep ir service at 6290. Highway 65. - HISTORY To revisit history briefly, a special use permit was issued in 1994 (SP the Sinclair Service Garage at 6290 Highway 65. The Special Use PE included the following stipulations: 1. A fenced screening area at the rear of the building shall be crE screening fence will be 8' in height, board on board design, wi� gate (according to an approved plan). Used tires, the dumpst� waste oil tank shall be stored within the storage area. 2. No junk vehicles shall be stored on site. 3. Vehicles leaking fluid shall not be stored outside without a dev prevent fluid from running off site. 4. The signage shall comply with Chapter 214 of the City Code. 5. Alterations to the site shall comply with the UBC and UFC. 6. Additional landscaped areas lined with concrete curb as indic� improvement plan shall be provided by the petitioner on-site. landscaped areas shall include underground irrigation. The la areas shall include seed or sod, three ornamental trees and sl with evergreen and deciduous shrubs. Landscape shall be co or before December 31, 1998 or at the time of the installation � underground tanks, whichever occurs first. .� t94-18), for rmit �ted. The �opaque r, and the ce to red on the "he �dscaped rub beds npleted on Sinciair SUP April 5, 2000 PAGE 2 7. There shail not be any outdoor storage outside of the screened yard area except for licensed motor vehicles, which are parked in designated parking stalls provided they are not parked outdoors for more than 48 continuous hours. 8. The drive aisles shall be reduced to 32 feet, to be completed on or before December 31, 1998 or at the time of the installation of the underground tanks, whichever occurs first? 9. In the event that the structure is remodeled so that the overhead doors are located other than on the east side of the building, the special use permit shall be reviewed. 10. If additional parking areas are designated above and beyond what is shown on the submitted plan, these parking areas must be approved by City staff in accordance with the ordinance. 11. At the time the improvements in stipulations #6 and #8 are started, the petitioner shall submit a performance bond of $5,000 to cover them. Further, the special use permit provisions imbedded in the text of the C-3, General Shopping District, make it clear that cars left for repair are to be left outside no longer than 3 days. In one case there has been a vehicle parked outside for nearly a year. Many other vehicles have been parked for extended periods of time. As staff has observed stipulation number 2 and number 7 have been violated. Further, the violation of these stipulations has caused the facility to not have adequate parking area on site. Staff has contacted Tony Preciado, the operator at this location regarding vehicles "for sale" on the boulevard (November 16 1999). On January 12, 2000 cars were still being parked in the boulevard. RECOMMENDATION Staff recommends that the City Council hold the public hearing and receive comment. u �� .- 97 / � anr oF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF APR�L 10, 2000 DATE: April 5, 2000 �) TO: Wiiliam W. Burns, City Manager �'`j FROM: Barbara Dacy, Community Development Director Scott J. Hickok, Planning Coordinator SUBJECT: Public Hearing for Revocation of SP#76-08 — 401 Ironton INTRODUCTION The property at 401 Ironton Street was granted a special use permit in 1976. Th permit allowed an apartment to exist within a single-family residence in the R-1, Single amily Residential district. Since 1976 the property has deteriorated to a point that it no longer supports a second dwelling unit. HISTORY This,property's rental history goes back to the approval of a special _use permit i 1976 (SP#76-08). The special use permit allowed for a second apartment in a single- amily dwelling. Our Code no longer includes that provision. Steve Barg was the Code Enforcemei Officer in 1994. That year, Steve contacted Norma with suspicions that space in the home was being rented from basement floor to the ridgeline of the attic roof. The plac was reported as being packed with people. Steve requested an inspection and was n ver invited in to inspect. Steve coordinated with the rental inspection folks who also had their suspicions bout how the living quarters were arranged within and who (how many) was actually living at this address. In late 1998 the rental inspection staff indicated that they were considering optio s on how they would proceed with future licenses for the Willson property. Since the prop rty is in need of what they suspected would be numerous, costly repairs. I contacted No ma in early 1999 and indicated that the City has information that her home had been divided, or utilized as a 3- 4 unit dwelling in violation of the property's R-1 zoning. The April 1999 letter resulted in numerous conversations with Norma and Norm 's daughter, Sherry. Sherry, acting on Norma's behalf, stopped in on several different occasi ns and talked about what loans might be available, the possibility of turning the home in o a halfway house etc. They continued to evaluate options. Because staff had not had an opportunity to re-enter the property to investigate the number of units, we insisted ihat all t those in the second unit be given notice to vacate immediately. • • invitation) �ts, except 401 Ironton Street April 5, 2000 PAGE 2 On August 31, 1999, Ralph Messer and I met with Norma to set down a stern mandate. Ms. Wiilson was notified that she would not be receiving a rental license renewai. Furthermore, she was given notice to immediately vacate all portions of the home that were not approved under the 1976 action. Without a rental license, Norma could not legitimately rent out the second unit. Verbal notice on August 31, 1999 was followed up with a written notice on the next day. in her written notice, Norma was given until the end of September to have tenants vacated. _ Norma responded by asking what would be necessary to make her property at 401 Ironton a legitimate multi-unit building. Staff explained the rezoning process and the fact that a rezoning would likely be predicated in part on having a suitable dwelling to subdivide. Our rental inspection information pointed to inadequate conditions for consideration as a multi-unit building. Nonetheless, Norma applied for a �ezoning. As she turned over her application, she had extreme reservations about paying the $500.00 rezoning/application fee. That reservation lead staff to not cash her check until an inspection could be completed on the home. Staff knew that if the $500.00 application fee presented financial di�culty, the likely stipulations for other building improvements would devastate Ms. Willson. The inspection occurred in December and revealed that none of the tenants had moved out in September as required. Further, the conditions were so poor that staff did not recommend that the rezoning process be continued. Ms. Willson withdrew her request and her $500.00 check was returned. Staff told Ms. Willson conditions were poor enough that her 1976 special use permit would be placed on an upcoming City Council agenda for revocation. CONDITIONS OBSERVED All inspection sheets with the exception of Michael Happ's State inspection report have been included for your convenience. The following is a general summary that highlights some, but not all the issues. The home appears to have had little or no maintenance for several years. The interior and exterior stairways serving the second floor and attic space are weak and would likely not support the weight of individuals frantically leaving the upper stories in an emergency situation. The building inspectors indicated that the weight of more than one individual on either stairway may cause structural failure. The second floor apartment unit's floor in the bathroom was spongy. Water/plumbing defects have likely deteriorated the floor system to the point that the floor and framing is suspect. In that bathroom, other moisture problems have caused a mold growth that resembles the trunk of a small tree in the shower stall. Windows throughout the home are broken, cracked, etc. The second and third floors lacked smoke detectors. Exposed Romex electrical cable was evident in the stairwells and on the front of the home. The third floor lacked ventilation, a proper ceiling height, a toilet was installed without a permit, venting for the toilet does not extend outside the unit. There are rooms that lack fresh air returns. There are no GFI receptacles in the 2"d floor apartment kitchen. Without a GFI the risk of electrocution is much greater. It was also noted that the person occupying the 3`d floor unit has extinguished numerous cigarettes by mashing them into the carpet. • • 401 Ironton Street Aprii 5, 2000 PAGE 3 RENTAL LICENSE STATUS Ms. Willson currently has no rental license for this address. She has had the tim December to know that the City will be considering revocation of the special use has had several discussions with staff since and has apparently chosen not to al tenants. STATE BUILDING DIVISION INPUT Norma contacted the State Building Division in hopes of having the state suppor that the City is wrong in their assessment. Michael Happ, one of the State's two Code Investigators, inspected the property and fully concurred with the City's as Mr. Happ's view of the costs associated with correcting this homes defects woul� in cost from $40,000 -$65,000. He indicated to staff that it is likely that real cosl likely be toward the upper end of the range (or about $65,000). � since �ermit. She �rt her her position 3uilding essment. like range would Staff has discussed the elements of this case with the City Attorney. All parties t at have reviewed this issue from the City's perspective concur that the special use permi should be revoked. As for the tenants, staff believes that an immediate order to vacate the rental unit is appropriate. RECOMMENDATION Staff recommends The City Council hold the public hearing, receive comments, action to revoke special use permit, SP #76-08 as a legislative act (under new k April 10, 2000. M-00-62 100 �nd take siness) on �% C �� .- .� �-..� Property Address: 401 Ironton Street Property Owner: Norma Wilson Inspected by: Dave Jensen, Building Inspector Dick Larson, Fire Marshall . Kevin Hanson, Building Inspector �� ,� sP�n c�•► �Z "8 - 4g Scott Hickok, Planning Coordinator Paul Bolin, Pianner � • •�- �• • � •- •� - ••� 1• = - t•- I1=1�/� 3`� Floor Unit • fire window lacking ladder to grade • needs "tagged" fire extinguisher - minimum size 1A-10 BC • needs smoke detectors attached to walls or ceiling • toilet is not secured to floor - floor in bathroom needs repair or replacement • unsecured electrical receptacle in entry way • storage in hallway • water stains on ceiling • bathroom fan - vents to a habitable room, exposed electrical • handrails do not meet code requirements e �P��r-� FurX� , 2nd Floor Unit • toilet runs constantly • floor appears to be damaged (spongy) in bathroom • mold in bathroom & on kitchen ceiling • water stain on kitchen ceiling • broken windows • needs "tagged° fire extinguisher - minimum size 1A-10 BC • needs smoke detectors attached to walls or ceiling Basement Rental Rooms • Egress window need to be finished • Padlock on bedroom door must be removed Outside / Other Issues • steps to 3'� floor unit need to be replaced • more than 4" gap in deck and stair railings • no evidence of electrical inspections on any "add on work" 101 r , i � � i %\✓/Lr .%��.C��- !r f��/L� � E�� _ //�c.J ro� r �L _ - - 2�ic> 7" L l�it> � rS . ,z-g � �,v Q..� K o c� � .t� . ��v .J � !L ;; v,i�,-v T3 ; a �h �K�� D � oo.� /� O.vE ��l��oG.+�/ /2�ilJ i RL �/ �TJ G'`J��.c>c � T�v c� L3 � D �2oo�r /��-.v i.�t L. �l/�rJ/ �,�-rJ.r� j cJ o � c�A.��:i�J �,- ,t'cs �!S �.J T. � �-,�i.: r-,� �, �, � . 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Burns, City Manager� Barbara Dacy, Community Development Director Scott J. Hickok, Planning Coordinator Action to Revocate SP#76-08 — 401 Ironton The property at 401 Ironton Street was granted a special use permit in 1976. Th permit allowed an apartment to exist within a single-family residence in the R-1, Single amily Residential district. Since 1976 the property has deteriorated to a point that it no longer supports a second dwelling unit. FINDING OF FACT FOR REVOCATION Based on an inspection by: Ron Julkowski, Building Official; Dick Larson, Fire M rshal; David Jensen, Building Inspector; Kevin Hanson, Building Inspector; Michael Happ, Sta e Building Investigator; Paul Bolin, Planner; and Scott Hickok, Planning Coordinator; the ho e at 401 Ironton should have its special use permit revoked for the reasons herein listed a finding of fact. • Home appears to have had little or no maintenance for several years, • Interior and exterior stairways serving the second floor and attic space ar inadequate to support the weight of individuals leaving the upper stories i emergency situation, • The second floor apartment uniYs floor in the bathroom is spongy and str suspected of structural inadequacy, • Water/plumbing defects have likely deteriorated the floor system to the pc floor and framing is suspect, • Other moisture problems have caused a mold growth, � Windows throughout the home are broken, cracked, • The second and third floors lacked smoke detectors, • Exposed Romex electrical cable was evident in the stairwells and on the home, • The electrical main circuit box has had obvious modification, but lacks the required label identifying the responsible electrician ancl date of inspectio� • The third floor lacked ventilation, • The third floor lacks a proper ceiling height for habitation, however the sp being occupied as a dwelling unit, • A toilet was installed without a permit, venting for that toilet does not exte the unit; there are rooms that lack fresh air returns, ■ There are no GFI receptacles in the 2nd floor apartment kitchen, • Fire window on third floor lacking ladder to grade, ■ Lacks tagged fire extinguisher, • Unsecured electrical receptacle in entry way, G [��3 an ngly nt that the ont of the Code ce was id outside .� Action to Revocate SP#76-08 — 401 Ironton Page 2 April 5, 2000 ■ Handrails do not meet code requirements, and ■ There is evidence of the person occupying the 3`d floor unit, extinguishing numerous cigarettes by pressing them into the carpet RECOMMENDATION Staff recommends The City Council revoke special use permit, SP #76-08 no later than April 10, 2000. Further, staff recommends that the Council require that the property - owner immediately vacate all occupants of all areas of the home, except that which is utilized as the principle dwelling unit for the Willson family or a future single family. Finally, staff recommends that no boarding (renting of bedrooms) be allowed at this address due to the existence of inadequate structural conditions. M-00-63 ,r 109 e � QTY OF FRIDLEY AGENDA ITEM �ITY COUNCIL MEETING OF APRIL 10, 2000 Date: 4/4/00 ('� To: William Burns, City Manager�� From: Paul Bolin, Planner Scott Hickok, Planning Coordinator Barbara Dacy, Community Development Director RE: VAR #00-03 (University Business Center Sign Variance) M-00-59 INTRODUCTION Duke - Weeks Realty is seeking to increase the size of a free standing sign fr feet to 160 square feet; and to place a free-standing sign 5' from the property than the code requirements locating the sign 10' from any driveway or proper existing pylon sign is 130 square feet and located on the property line. Duke purchased the property, located at 7920-7990 University Avenue, within the K seeking to replace the existing sign with a 160 square foot monument sign wf require the removal and relocation of existing landscaping. APPEALS COMMISSION ACTION At the March 22, 2000 Appeals Commission meeting, a public hearing was he #00-03. After a lengthy discussion which included mention of the petitioners I< hardship, the Appeals Commission voted to recommend denial of the variance motion carried unanimously. PLANNING STAFF RECOMMENDATION City Staff recommends the City Council concur with the Appeals Commission recommendation of denial for VAR #00-03, as the request does not meet the f required for approval in Section 214.21.02 of the City Sign Code. 110 �n 80 square ne rather line. The ;ealty st year and is :h would d for VAR ck of request. The r conditions City of Fridley Land Use Application VAR-00-03 March 22, 2000 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Dianne Jensen Duke-Weeks Realty Corporation 1550 Utica Avenue South, Suite 120 St. Louis Park, MN 55416 Requested Acrion: Variance Purpose: To erect signage lazger than code, with a setback of only 5'. Fxisang Zoning: Commercial - 2 Location: 7920-7990 University Avenue Size: 203,847 square feet 4.7 acres Existing Land Use: Mulri-tenant commercial building. Surrounding Land Use & Zoning: N: Multi-tenant industrial, M-1 E: Spring Lake Park S: Multi-tenant retail, C-3 W: Industrial, M-1 & M-2 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Section 214.11.2.B allows the maximum size of a pylon sign to be 80 sq. ft. in area. Section 214.11.2.E requires a pylon sign to be setback a minimum of 10' from any property lines. Zoning History: • Lot platted in 1981. • Buildings constructed in 1982. Legal Description of Properiy: Lots 4-8, Block 3, University Industrial Park ■� 111 Public Utilities: Site is connected. Transportation: The site is accessed by the Universiry Avenue West Frontage Road. Physical Characteristics: Lot is fully developed, contains buildings, parking, & landscaped areas. SUMMARY OF PROJECT Duke - Weeks Realty is seeking to increase the size of a free standing sign from 80 square feet to 200 square feet; and to place a free-standing sign 5' from the property line rather than the code requirements locating the sign 10' from any driveway or property line. SUMMARY OF ANALYSIS Ciry Staff recommends denial of this variance request. • Petitioner has no statutory defined hardship. • No comparable variances have been granted over the past five years. • Complying with the setback is simply a matter of rearranging one or two parking stalls and providing the necessary amount of curbing and landscaping around the sign base. • An 80 square foot sign built to 25' in height would provide better visibility than the proposed 16' monument style, as the existing landscaping (which may not be removed) would not interfere with the views of the sign. Staff Report Prepared by: Paul Bolin VAR-00-03 REQUEST Duke - Weeks Realty is seeking to increase the size of a free standing sign from 80 sq are feet to 160 square feet; and to place a free-standing sign 5' from the property line rather than the c de requirements locating the sign 10' from any driveway or property line. The existing pylon sign is 130 square feet and located on the property line. Duke Realty purchased the properiy withi.n the past year d is seeking to replace the existing sign with a 160 square foot monument sign which would require the removal and relocation of existing landscaping. CODE REQUIREMENTS Secrion 214.11.2.B allows the maximum size of a pylon sign to be 80 sq. ft. in area. e petitioners are seeking to double the allowable sign area to 160 square feet. Section 214.11.2.E req ' es a pylon sign to be setback a minimum of 10' from any property lines, the petitioners are proposing only setback the new sign 5' from the property line. SITE SIGN VARIANCE HISTORY This site was developed in 1982. Prior to 1984 a pylon sign was erected without a sign was 160 square feet in size and setback 0' from the property line. In order to � a variance was granted in 1985 to recognize the size and location of this sign. In 1997, the sign was damaged during a wind storm. In order to repair and reconstruct . This pylon this situation, sign, it was necessary to go through another variance process. The 1997 request reduced the size �f the sign to 130 square feet, while still being located at the properiy line. Despite a strong denial from staff, the variance request was granted. During the 1997 approval of the special use pemut for this property, the owner at that the special use peimit should be granted rather than allowing him to put up an 80 squa each of the buildings. This assumption was incorrect on the petitioners part. This pro� development, allowed only one 80 square foot sign by code. Though this development is located on four separate lots, the construction was as a single development. In order for this property to be considered two separate devel would need to be replatted. Upon review by staff, it has been deterniined that it would replat these properties and meet code requirements. Variances would be necessary for � coverage, parking stall size, # of parking stalls, driveway widths, building setbacks, and setbacks. . 112 of ne inferred that foot sign for ty is a single and approved pments, it e impossible to lowable lot The proposed pylon sign would detrimentally dis�tract or dominate the landscape due to iYs extreme size and setback from the public right of way. Recent si� variances along University Avenue have been denied. These variances include the Freedom Starion at University & Osbome (size), the Fridley Business Plaza at 7190 University Avenue (setback), and the Texaco Station at University & 73`a Avenue. T'he only variance granted to increase the size of a sign along University Avenue in the past 5 years, was granted to Bachman's to increase the size of a free standing pylon to 120 square feet. There were several unique factors in granting this variance that are not applicable to this property. In the case of Bachman's, the size of the sign was granted in order to avoid placing two 80 square foot signs on adjacent (yet separate - ie. both developments/lots meet size requirements and building setbacks) developments. This 120 square foot sign approval required a covenant be placed on the undeveloped lot preventing the installation of a free standing sign on that lot once developed. Due to the fact that each of these lots near Bachman's are buildable, by Code, each lot is considered a separate development. RECOMMENDATIONS City Staff recommends denial of this variance request. • Petitioner has no statutory defined hardship. • No comparable variances have been granted over the past five years. • Complying with the setback is simply a matter of rearranging one or two parking stalls and providing the necessary amount of curbing and landscaping azound the sign base. • An 80 square foot sign built to 25' in height would provide better visibility than the proposed 16' monument style, as the existing landscaping (which may not be removed) would not interfere with the views of the sign. STIPULATIONS City Staff recommends if any of these variance requests are granted that the following stipulations be attached to approval. 1. A list of all business names, what types of business they conduct in the building, and the lease end dates shall be provided to the City of Fridley prior to issuance of the sign pemlit. Any tenant who's use does not comply with the G2 zoning district requirements shall vacate the premises by the end of their current lease. 2. None of the existing landscaping shall be removed. If any of the existing landscaping is removed or displaced, peritioner shall submit a landscape plan, that meets or exceeds all current code requirements, for staff approval prior to issuance of a sign pemut. 3. No additional pylon signs are allowed on this site. 4. If the parcels are separated at a later date, the sign must come into compliance. 5. The City is relieved from all liability caused by the sign being located in its proposed position, only 5' from the property line. 6. Petitioner shall paint all back doors the same color to give consistency to the appearance of the - building from Ranchers Road prior to issuance of the sign per�nit. 114 FOUR CODE CONDITIONS REQUIRED FOR SIGN VARIANCE APPROV, Before the Commission shall grant a variance, it is the responsibility of the applicant to r� conditions required to be met in Secrion 214.21.02 of the City Sign Code. None of the required have been met by the peririoner. Therefore, by Code, the sign variance should The four requirements and an explanation of how the peririoner has failed to meet these requirements are listed below. eet the four four conditions not be granted. 1. Exceptional or extraordinary circumstances applicable to the property or to the intended use that do not appty generally to other property in the same vicinity and di tric� The circumstances surrounding the location of this property aze neither exceptional or e taordinary. The subject property contains two multi-tenant buildings. The buildings immediately to e north and south of this property are also multi-tenant buildings. The buildings to the north are mo industrial in use and do not have a pylon sign. The building to the south is commercial and has one 0 square foot pylon sign which is dedicated to the primary tenant (Main Event). Other pylon signs 1 ted near this vicinity in Fridley do not exceed the 80 square foot requirement and also meet the requ ed setbacks. 2. That the variance is necessary for the preservation and enjoyment of a sub; property right possessed by other property in the same vicinity and district, but denied the property in quesdon. Larger than code signs are not a property right possessed by other properties within the The petirioner's properiy has both pylon and wall sign opportunsties. Tenants in both bi oppomuiiry to utilize wall signage in order to provide identity and visibility to their locati sign has traditionally been utilized to identify the major tenants. Complying with the sett matter of reananging one or two parking stalls and providing the necessary amount of c landscaping around the sign base. (see next paragraph). 3. That the strict application would consdtute an unnecessary hardship. City staff feels there is no real hardship. Strict application of the code would require red to 80 square feet and relocating the sign 10' from any property line. Reducing the size < eliminate individual tenant names from the sign, however, the center itself could have lar; providing better identification which may aid in marketing the tenant sites. As in 1997, ; proposed an alternate location for the sign which would meet the setback requirement a visibiliry from University Avenue. The proposed location would utilize an existing parkii front of the building. There is adequate room to replace this stall south of the proposed addirion, pylon signs are allowed to be up to 25' in height. The current sign is 20' in hei proposed sign is only 16' in height. An 80 square foot sign built to 25' in height would visibility than the proposed 16' monument style, as the existing landscaping (which may would not interfere with the views of the sign. is e vicinity. igs have an The pylon is simply a iE and �ing the sign the sign may r text �ff has i provide stall at the gn location. In it and the bvide better ot be removed) 4. That the granting of the variance would not be materially detrimental to the public health, safety or general welfare, or detrimental to the property in the vicinity or distric in which the property is located. 113 7. Peritioner shall install Code required garbage dumpster enclosures for tenants. Petitioner shall submit plans for the dumpster enclosures with a letter of intent to build said enclosures prior to the issuance of the sign pemut. 8. This variance shall remain in effect unless any of the following occur: A. The sign is altered in any way, except for routine maintenance and change of inessages which makes the sign less in compliance with requirements. B. The supporting structure of the sign is replaced or remodeled. C. The face of the sign is replaced or remodeled. D. The sign becomes dilapidated or damaged and the cost of bringing it into compliance is more than 50% of the value of the sign, at which time all of the sign and its structiu�e to be removed. E. Notwithstanding subparagraph (A) above, upon the change of the name of the business being displayed on this sign. 115 � CITY OF FRIDLEY APPEALS COMISSION MEETING MARCH 22, 2000 ING: VAR i:�'t�7 REALTY CORPORATION: Per Section 214.11.26 of the Fridley Sign Code, to increase the all� a free-standing sign from 80 square feet to 160 square feet; Per Section 214.11.2 of the Fridley Sign Code, to decrease the req� of a free-standing sign from a property line or driveway from 10 fee� allow the construction of a new free-standing sign on Lots 4, 5, 6, 7 3, University Industrial Park, generally located at 7920-7990 Univer MOTION by Mr. Tynjala, seconded by Ms. Beaulieu, to waive the reading public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED � Mr. Bolin stated that the petitioner, Duke-Weeks Realty Corp, is seeking t One is to increase the size of a free-standing sign from the required 80 sq 160 square feet, and one is to place the free-standing sign five feet from t line, rather than the required ten feet. A variance was granted in 1997 for 130 square foot pylon sign. The existing sign is currently located on the F Duke-Weeks Realty purchased this property in the past year and want to i existing sign with a 160 square foot monument type sign. This would reqi the existing landscape to be removed. The property consists of two multi� buildings that are zoned C-2, commercial. The property immediately to th zoned M-1, Light Manufacturing. The properties to the west of the develo zoned M-1, M-2, Manufacturing. The property o the south is zoned C-3, r mall type zoning. The City of Spring Lake Park is located to the east acr� Avenue. wable size of ired setback to 5 feet to and 8, Block �ity Avenue. ind open the )ECLARED T 7:32 P.M. � variances. �re feet to � property e existing perty line. �place the re some of north is nent are re of a strip s University Mr. Bolin stated that the five lots that make up this property were platted i 1981. The buildings were constructed as a single development in 1982. Sometime p ior to 1985, the sign was installed without any permits. The sign was 160 square feet nd built right on the property line. In 1985, a variance was granted to recognize that no conformity. Mr. Bolin stated that in 1997, the sign was damaged in the storm and in or� reconstruct the sign, the property owner had to go through the variance pr� At that time, a variance was granted to allow the sign to be 130 square fee on the property line. It appears there was some misunderstanding in 1997 petitioner at that time was inferring that this was two properties and would two 80 square foot signs. That is not the case. This is one property built � development. The code does read that each development is allowed one foot sign. Even though this has two buildings, it is still one development tr 116 ierto �cess again. t and remain . The be allowed s one �0 square at allows only � ir APPEALS COMMISSION MEETING, MARCH 22, 2000 PAGE 2 one 80 square foot sign. It would be impossible to redraw properry lines to turn this into two developments without a number of variances or building setbacks or parking requirements, stall sizes, drive aisles, and parking setbacks. Mr. Bolin stated that the summary of the hardship statement is as follows: "Duke-Weeks Limited Partnership (DWLP) proposes to replace a 1997 modified back-lit dual pedestal sign that has a sign face of approximately 130 S.F. The existing sign is elevated approximately ten feet from the ground with two six by six green treated timbers. DWLP proposed to replace the existing sign with modern back-lit monument style sign. In addition, DWLP proposes to enhance the sign with perennial landscaping as well as relocate and enhance the boulevard area landscaping." Mr. Bolin stated it is specific in the City sign code section that before a sign variance can be granted, the petitioner must meet four conditions. For the most part, it does not appear that the petitioner has met these four conditions. Mr. Bolin stated the first condition is exceptional or extraordinary circumstances applicable to the property or to the intended use that do not apply generally to other property in the same vicinity and district. The circumstances surrounding the location of this property are not unique. The property is set back no further along University Avenue than any other property and contains two multi-tenant buildings as is the property adjacent to thE north which chooses not to have a sign. The building to the south is commercial in nature and is a multi-tenant strip building. That building utilizes one 80 square foot sign and chooses to allot all 80 square feet to the Main Event. Mr. Bolin stated the second condition that must be met by the petitioner is that the variance is necessary for the preservation and enjoyment of the substantial property right possessed by other properties in the same vicinity and district which is denied the property in question. The petitioner's property does have both pylon and wall sign opportunities that can be utilized. A pylon sign on this site has been utilized to identify the major tenants in regards to the setback request. Mr. Bolin stated the third condition that must be met by the petitioner is that the strip application of the sign code would constitute an unnecessary hardship. There are no unique topographical features that present any hardship. Reducing the size of the sign eliminates some individual tenant names on the sign, but there are some opportunities that would exist to increase the visibility of the sign. The current sign is only 20 feet in height, that could go up to 25 feet in height that would give it better visibility from University Avenue. The petitioner's proposed monument sign would only be 16 feet in height. The setback requirement can be easily met by moving the sign back an additional five feet from where the petitioner has proposed to locate the sign. Mr. Bolin stated the fourth condition that must be met is that the granting of the variance would not be materially detrimental to the public health, safety, or general welfare or detrimental to the property in the vicinity or district in which the property is located. This sign with its location so near the property line, being on 117 APPEALS COMMISSION MEETING, MARCH 22, 2000 the corner, being in that nicely landscaped area, and just the sheer size of distract from the landscape. A recent request for a sign variance along Ur Avenue similar in nature to this was denied. This includes the Freedom st University and Osborne, the Fridley Business Plaza at 7190 University Avf Texaco station at University and 73�a Mr. Bolin stated that City staff recommends denial of this variance request petitioner has not met the four code conditions for granting the variance. P comparable variances have been granted over the past five years. The sE requirement could be easily accomplished and an 80 square foot sign buil height could possibly provide better visibility than the proposed 16-foot mo and would not require any removal of the existing landscaping. Staff reco if any variances are granted on this property, the following stipulations shc attached: PAGE 3 t would iversity �tion at nue, and the The back to 25 feet in �ument style imends that ild be 1. A list of all business names, what types of business they conduct in th building, and the lease end dates shall be provided to the City of Fridley prior to issu nce of the 2 3 4 5 6 7 8 sign permit. None of the existing landscaping shall be removed. If any of the existii landscaping is removed or displaced, the petitioner shall submit a land that meets or exceeds all current code requirements for staff approval � issuance of a sign permit. No additional pylon signs are allowed on this site. If the parcels are separated at a later date, the sign must come into co The City is relieved from all liability caused by the sign being located ir position only 5 feet from the property line. The petitioner shall paint all back doors the same color to give consiste appearance of the building from Ranchers Road prior to issuance of th The petitioner shall install code-required garbage dumpster enclosure: The petitioner shall submit plans for the dumpster enclosures with a lei build said enclosures prior to issuance of the sign permit. This variance shall remain in effect unless any of the following occur: a. The sign is altered in any way, except for routine maintenance and messages, which makes the sign less in compliance with requirem� b. The supporting structure of the sign is replaced or remodeled. c. The face of the sign is replaced or remodeled. d. The sign becomes dilapidated or damaged and the cost of bringing compliance is more than 50% of the value of the sign, at which time sign and its structure shall be removed. Mr. Bolin stated that the proposed sign would be 10 feet wide and 16 feet Ms. Beaulieu asked if they were told in 1997 that it was two properties. believe that they granted this. Did they say that they were replacing a 1 sign and that there were two properties then? 118 � pe plan r to npliance. its proposed icy to the : sign permit. for tenants. er of intent to ange of tinto all of the e cannot square foot it APPEALS COMMISSION MEETING, MARCH 22, 2000 PAGE 4 Mr. Bolin stated that is correct. The petitioner at that time was inferring that he had finro properties and that if he chose he could put up two signs. For some reason, staff did not catch that error at that time. Mr. Tynjala stated that it is one property because of the width of the development. Mr. Bolin stated that is correct. Mr. Kuechle stated there is not much the petitioners can do with the existing sign if they cannot change it very much, except for the names, and still keep that variance in effect. Mr. Bolin stated that is correct. Mr. Tynjala asked if any of the other denials involved have any similar variance problems like this. Mr. Bolin stated that two of them were new developments, the Texaco station and the Freedom station. The Fridley Business Center had existing signs, but they were looking to move one closer to the property line. Ms. Beaulieu stated that she remembered that the Texaco was a big property with two businesses and that is why they wanted the bigger sign. Mr. Jon Finn, representing Duke-Weeks Realty Corp., thanked Mr. Bolin for the presentation. He had to disagree with him on the issue of the existing sign being 130 square feet. They recently measured the existing sign and found it to be 160 square feet. The sign they are proposing will match the existing square feet. They purchased this building less than one year ago. They had an architect go through records but they missed the previous variance. They had been blindsided and thought they would make the sign look nice and it ran into some roadblocks. He stated that in the tenant interviews, the consistent things that kept coming up were visibility and signage. They have worked with Mr. Bolin and Sign Images in the past to redesign and upgrade the sign that is on the building. All of the tenants thought they should be on the sign. Mr. Finn stated there is uniqueness with this building in that a lot of the businesses do not have street exposure. He understands the retail concepts of a pylon sign. One of their main objectives is to make a property like this better. They have put $8,000 into this project in the last nine months. They have approximately $8,000 in the budget to improve the landscape outside and replant around the sign if the variance is granted. He has a little bit of an issue with one of the stipulations regarding the businesses lease end dates provided to the City of Fridley in stipulation #1. Should that stipulation be included, he would ask that it be modi�ed to apply only to those tenants the City has issues with. Mr. Tynjala stated that one of the issues seems to be how many business names can fit on the sign. 119 APPEALS COMMISSION MEETING, MARCH 22, 2000 Mr. Finn stated that leaving room to add more on the sign is not an option comfortable with. It gets to look like a really busy sign with small print. Mr. Kuechle asked how many potential names therewill be. Mr. Finn stated that there are nine on the sign right now, and the new sign accommodate 11. Mr. Ric Ferraro, representing Sign Images, stated that downsizing to an 81 monument sign limits the actual tenant copy size, which therefore would b� readable. They figure about an inch of copy height fo� every 25 feet of vis are set back off the road quite a distance from University Avenue. It was t understanding that with the new sign, they would utilize part of the steel vE support posts closest to the building. Mr. Kuechle asked how many inches the letters in height are with the proE Mr. Ferraro stated that the letters would probably be about eight inches in Mr. Kuechle stated that the sight distance would be 200 feet. Mr. Ferraro stated that is correct and they are dealing with a mobile audie PAGE 5 feel would square foot less �ility. They �eir tical upright ce. sign. Mr. Bolin stated that the petitioner mentioned that they had gone out and easured the sign that is currently there and stated that it measured 160 square feet. H just pulled the permit that was issued in 1997, and it is represented as 130 square fe t so if it is 160 square feet, the sign contractor who erected the sign has some issue with the City. Mr. Kuechle asked if this resulted in reducing the size of the letters? Mr. Ferraro stated they would be removing the bottom. The height would $tay the same on the tenant copy. I Mr. Kuechle asked if the bottom part that does not say anything counts fo� the sign ordinance square footage. Mr. Bolin stated that the portion that would say Duke-Weeks Realty would in the square footage for allowable signage. Mr. Kuechle asked if it would count if they took the Duke-Weeks Realty o� Mr. Bolin stated that it would be fine as long as it was blank and was the C sign of itself and not part of the sign. Mr. Kuechle asked if stipulation #1 providing the lease end dates express� concern that there might be tenants that do not meet C-1 zoning. 120 included of the the City's � � . � : AGENDA ITEM CITY COUNCIL MEETING OF APRIL 10, 2000 cm aF FRIDLEY INF'ORMAL STATUS RE'PORTS 122 � APPEALS COMMISSION MEETING, MARCH 22, 2000 PAGE 6 � Mr. Bolin stated that is correct. There is a machinist in the building that belongs in an industrial district. They have seen significant improvements to the building since Duke- Weeks Realty has owned it. In the past, there have been other nonconforming uses. Mr. Kuechle asked if staff would have a problem if they changed the stipulation stating that they would provide a list of all the tenants and the City could ask for the tenants where there a concern over their legitimacy. Mr. Bolin stated that would be acceptable. As long as they can get their lease end dates once they identified the ones they have concerns with. They would like to get them in the proper zoning districts and do not want to create a hardship for Duke-Weeks Realty or the tenant by giving 30-60 days to vacate and letting them stay through the end of their lease. MOTION by Ms. Beaulieu, seconded by Mr. Tynjala, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 8:07 P.M. Ms. Beaulieu stated that if they say no, they could still use what was there. Mr. Kuechle stated the tenants in the building facing University Avenue have quitean ample opportunity to advertise on the face of the building. The buildings behind have a tougher situation. He feels that it is easier to spot ine names of the tenants on the building face rather than the sign that creates clutter and kind of gets in the way. The hardships and uniqueness of the situation is not enough to warrant granting of the variance. He recommends to City Council denial of the variance. Ms. Beaulieu asked if they amended the request to 130 square feet. Mr. Kuechle stated that they did not amend it from 160 square feet to 130 square feet. Ms. Beaulieu stated that she would agree with Mr. Kuechle. If they were given a variance before of 130 square feet, she would recommend denial also. Mr. Tynjala stated that he would agree as well. He does not know what opportunity there is to amend it. He would agree with recommending denial. MOTION by Ms. Beaulieu, seconded by Mr. Tynjala, to recommend denial of Variance Request, VAR #00-02 by Duke-Weeks Realty. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Kuechle stated this request would go to City Council on April 10. 121