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02/27/2006 - 6091�� � 1: , y � CffY OF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 27, 2006 '7:30 p.m. - City Couacil Chambers Attendance Sheet �LFAS�' PR/MT MAM� AatfR� AND ITFM MUMBi�'R 1r0U ARF IIUTb'R�'ST�'D /N. Psint Name �Cl�rlyj Addsess � Ti�t �i`�. ; r � �s ,� ed �s so�. ��� _...;---�-- � J , �' - '�`'+1 ��1 . �� � �.J i M ���5�-�! P? E��%I�N 1� �Gf< �,�� 'C�,� ��%�'�=�" �CO iL5 � L'� r�� , ,� � ` , � � ��. ,�{ (�� �'� � _� ♦ _ � J; --_ . w. '� FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 27, 2006 �oF FRIDLEY The City of Fridley wili not discriminate against or harass anyone in the admission or access to, or treatment, or empfoyr�ent in its services, programs, or activities becaGSe af race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon requesi, 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 shoufd contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE. PRESENTATION: Southern Anoka Community Assistance (SACA). NPDES Annual Update. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 5. Resolutio� Ordering Improvement, Approval of Plans and Ordering Advertisement for Bids: Sanitary Sewer Lining Project No. � 366 ..................... .......... 16 - 1 � �po(� �( � � City Council Meeting of February 13, 2006 , � OLD Bi.�SINESS: � ,� � L 7 � � ��, � � � � 1. Sec�.�nd Reading of an Ordinance Amending �� Fridley City Code, Chapter 101, Animal Control, F�ertaining to Wild Animals and Birds................................... 1 - 4 ( 2. Second Reading of an Ordinance Amending i ; , Chapter 131, Fire Depa� ; ment Service Charges, : as it Pertains to Invoicing �'Vlotor Vehicle � �, � � : Owners .���.�:..��:�.:�(:�_.l, ��_.�...... 5 - 6 � NEW BUSINESS: 3. First Reading of an Ordinance Amer;ding Chapter 505, Bicycle Regutations, of ihe Fridfey City Code Pertaining to Licensii�g and ReguJations .............................. 7 - 8 4. Receive the Minutes from the Pfanning Commission Meeting of February 15, 2006 ................................... 9 - 15 8. 9. Resolution in Support of an Application for a Minnesota Lawful Gambling Premise Permit for Knights of Columbus, 6831 Highway 65 N.E. (1lVard 2) .......................... � 18 19 v���"f r.... Resolution Establishing Procedures Relating to Compliance with Reimbursement Bond Regulations under the Internal Revenue Code ...... .. , . �..... 20 - 23 ����'���✓-� � �� Claims ................................... 24 Licenses 10. Estimates ............................ 25 - 29 .................... .......... 30 ADOPTION OF AGENDA. OPEN FORUM (VISITORS): Consideration of Items not on Agenda -15 Minutes � � ,� s. __ � FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 27, 2006 PAGE 2 PUBLIC HEARING: 11. Consideration of an Ordinance Amending Chapter 4 of the Fridley City Charter Pertaining to Appointment of Election Judges ................................... 31 - 32 � NEW BUSINESS: 12 Master Plan Amendment, MP#06-01, by Medtronic Inc., to Allow the Addition of a , Billboard Sign in an S-2, Redevelopment District, Generally Located at 710 Medtronic �, Parkway (VVard 1) ........................... 33 - 39 i , 13. Informal Status Report .................... 40 I . ADJOURN. I _ � � � CffY OF FRIDLEI' CITY COUNCIL MEETING OF FEBRUARY 27, 2006 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. PRESENTATION: Southern Anoka Community Assistance (SACA). NPDES Annual Update. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of February 13, 2006 OLD BUSINESS: Second Reading of an Ordinance Amending Fridley City Code, Chapter 101, Animal Control, Pertaining to Wild Animals and Birds....................................................................................................... 1 - 3 2. Second Reading of an Ordinance Amending Chapter 131, Fire Department Service Charges, as it Pertains to Invoicing Motor Vehicle Owners .............................................. 4- 5 FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 27, 2006 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: 3. First Reading of an Ordinance Amending Chapter 505, Bicycle Regulations, of the Fridley City Code Pertaining to Licensing andRegulations .............................................................................................. 6 - 7 4. Receive the Minutes from the Planning Commission Meeting of February 15, 2006 .................................................... 8- 14 5. Resolution Ordering Improvement, Approval of Plans and Ordering Advertisement for Bids: Sanitary Sewer Lining Project No. 366 ........................................................... 15 - 16 6. Resolution in Support of an Application for a Minnesota Lawful Gambling Premise Permit for Knights of Columbus, 6831 Highway 65 N.E. (Ward 2) ....................................................................................................... 17 - 18 7. Resolution Establishing Procedures Relating to Compliance with Reimbursement Bond Regulations under the Internal Revenue Code....................................................................................................... 19 - 22 8. Claims ....................................................................................................... 23 9. Licenses ....................................................................................................... 24 - 28 10. Estimates ....................................................................................................... 29 FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 27, 2006 PAGE 3 ADOPTION OF AGENDA. OPEN FORUM (VISITORS): Consideration of Items not on Agenda — 15 Minutes PUBLIC HEARING: 11. Consideration of an Ordinance Amending Chapter 4 of the Fridley City Charter Pertaining to Appointment of Election Judges ................................................. 30 - 31 NEW BUSINESS: 12. Master Plan Amendment, MP #06-01, by Medtronic Inc., to Allow the Addition of a Billboard Sign in an S-2, Redevelopment District, Generally Located at 710 Medtronic Parkway (Ward 1) ........................................................................................... 32 - 38 13. Informal Status Report .................................................................................... 39 ADJOURN. � � CffY OF FRIDLEY T�: FROM: DATE: SUBJECT AGENDA ITEM CITY COUNCIL MEETING OF FEBRUARY 27, 2006 William W. Burns, City Manager Jon Fi. Fiaukaas, Public Works Director February 23, 2006 Fiearing on I`IPDES Annual Update PW06-021 As part of our I`iPDES permit, we are required to make an annual public presentation describing what is in our Storm Water Pollution Prevention Plan (SWPPP). This is the third review of our Plan. The update will include an overview of the program, our accomplishments over the past year, and changes planned for next year. The Permit also requires we record public comment and submit it with our plan"s annual update due in June. Jtiti:cz CITY COUNCIL MEETING CITY OF FRIDLEY FEBRUARY 13, 2006 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:32 p.m. PLEDGE OF ALLEGIANCE: Mayor Lund led the Council and audience in the Pledge of Allegiance to the flag. ROLL CALL: MEMBERS PRESENT: Mayor Lund Councilmember-at-Large Barnette Councilmember Billings Councilmember Wolfe Councilmember Bolkcom OTHERS PRESENT: William Burns, City Manager Fritz Knaak, City Attorney Scott Hickok, Community Development Director Julie Jones, Planning Coordinator 7on Haukaas, Public Works Director John Berg Fire Chief Don Betzold, State Senator Barbara Goodwin, State Representative APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting January 23, 2006 APPROVED OLD BUSINESS: 1. Second Reading of an Ordinance Amending the Fridley Municipal Code Pertaining to the Late Night Endorsement of On-Sale Liquor License. William Burns, City Manager, stated this ordinance is regarding the amendment of the Fridley City Code by extending the late night endorsement allowing the sale of intoxicating liquor until 2:00 a.m. The ordinance extends the late night endorsement to April 30, 2008, and affects Chapters 602, 603 and 606 of the Fridley City Code. Staff recommends the approval of the second reading of this ordinance. WAIVED THE READING OF THE ORDINANCE AND ADOPTED ORDINANCE NO. 1222 ON SECOND READING AND ORDERED PUBLICATION FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 13, 2006 PAGE 2 2. Second Reading of an Ordinance Amending Chapter 603 of the Fridley City Code Pertaining to Food Sales. William Burns, City Manager, mentioned that this change makes it clear that food sold from vending machines is not included in the ratio calculation of food to liquor sales. Staff recommends Council's approval of the second reading of this ordinance. WAIVED THE READING OF THE ORDINANCE AND ADOPTED ORDINANCE NO. 1223 ON SECOND READING AND ORDERED PUBLICATION 3. Second Reading of an Ordinance Creating Chapter 205.32 0-7 of the Fridley City Code Pertaining to Shoreland Overlay District and Approve Official Title and Summary Ordinance. William Burns, City Manager, stated this ordinance requires a setback between 50 to 100 feet from lakes, ponds, rivers and creeks depending on the particular volume of water. It also requires properties abutting these bodies of water to have no more than 35% of the lot area covered with impervious surfaces. The first reading of the ordinance was held at the January 23, 2006, City Council meeting. No changes have been made to the proposed ordinance. Staff recommends Council's approval of the second reading of this ordinance. Staff also recommends approval of the official title and summary ordinance. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 4. Second Reading of an Ordinance Amending Chapter 205 of the Fridley City Code Pertaining to Curbing and Drainage Requirements and Approve Official Title and Summary Ordinance. William Burns, City Manager, stated this ordinance amends the Fridley Zoning Code sections to excuse curbing and drainage requirements on residential, commercial and industrial properties in situations where the project includes approved low impact storm water treatment features like natural swales or rain gardens. Staff recommends Council's approval of the second reading of this ordinance. Staff also recommends approval of the official title and summary ordinance. WAIVED THE READING OF THE ORDINANCE AND ADOPTED ORDINANCE NO. 1225 ON SECOND READING AND ADOPTED THE OFFICIAL TITLE AND SUMMARY ORDINANCE AND ORDERED PUBLICATION. 5. Second Reading of an Ordinance Repealing Chapter 208 of the Fridley City Code Pertaining to Stormwater Management and Erosion Control and Approve Official Title and Summary Ordinance. William Burns, City Manager, stated that this chapter of the City Code requires a stormwater pollution control plan from applicants for a building permit or subdivision approval where said permit would allow land-disturbing activities. The pollution control plan requires the following elements: FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 13, 2006 PAGE 3 1. Detailed maps. 2. Adherence to a long list of stormwater control activities (e.g., the stabilization of all exposed soils and soil stockpiles). 3. Adherence to a long list of minimum stormwater control measures (e.g., the stabilization of disturbed soils with sod, seed or weed-free mulch). 4. Requirements for permanent stormwater pollution where they are needed to control runoff. 5. Standards for protection of natural wetlands. Mr. Burns said Council approved the first reading of this ordinance at the January 9, 2006, City Council meeting. Staff recommends Council's approval of the second reading of this ordinance. Staff also recommends approval of the official title and summary ordinance. WAIVED THE READING OF THE ORDINANCE AND ADOPTED ORDINANCE NO. 1226 ON SECOND READING AND ADOPTED THE OFFICIAL TITLE AND SUMMARY ORDINANCE AND ORDERED PUBLICATION. NEW BUSINESS: 6. Receive the Minutes from the Planning Commission Meeting of January 4, 2006. RECEIVED. 7. Receive the Minutes from the Planning Commission Meeting of February 1, 2006. RECEIVED. 8. Special Use Permit Request, SP #06-02, by Hilltop Trailer Sales, Inc., to Incorporate Property Located at 7730 University Avenue N.E. into the Existing Hilltop Trailer Sales Property at 7810 University Avenue (Ward 3). William Burns, City Manager, stated this is an addendum to the petitioner's existing special use permit which allows the selling of recreational vehicles on this property. It allows Hilltop Trailer Sales to incorporate the property that was, until recently, used by Mask Hair Designs into their trailer services lot. The Planning Commission granted approval at their February 1, 2006 meeting. Staff recommends Council's approval. APPROVED SPECIAL USE PERMIT REQUEST, SP #06-02, BY HILLTOP TRAILER SALES, INC., WITH THE FOLLOWING FIVE STIPULATIONS: 1. THE PETITIONER SHALL OBTAIN ANY REQUIRED PERMITS PRIOR TO REMODEL OF PROPERTY. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 13, 2006 PAGE 4 2. A 25-FOOT FIRE LANE SHALL REMAIN AROUND THE EXISTING BUILDING. 3. RECREATIONAL VEHICLES TO BE DISPLAYED FOR SALE SHALL NOT BE DISPLAYED IN THE FRONT YARD SETBACK. 4. PROPOSED LANDSCAPE PLAN TO BE REVIEWED AND APPROVED BY CITY STAFF PRIOR TO INSTALLATION. 5. ONE FREE-STANDING SIGN SHALL BE ALLOWED FOR THE TWO PROPERTIES COMBINED. 9. Approve First Amendment to the Joint Powers Agreement between the Cities of Fridley, Coon Rapids, Andover, Brooklyn Center, Columbia Heights and Ham Lake for Traffic Markings, Street Sweeping, Crack Sealing, Screening and Seal Coating. William Burns, City Manager, reported that this amendment adds the City of Ham Lake to the list of joint participants. There are no other changes. Staff recommends Council's approval. APPROVED. 10. Receive Bids and Award the Purchase of Asphalt Paving Machine and Trailer. William Burns, City Manager, stated the 2006 budget included $120,000 for these items. The bids came in at $112,480 for both items which includes $96,480 to the lowest bidder, Ruffridge- Johnson Equipment Company of Minneapolis for the paving machine and $16,000 for the trailer which will be purchased from the Minnesota State contract. Staff recommends Council's approval. RECEIVED BIDS AND AWARDED THE PURCHASE OF THE ASPHALT PAVING MACHINE TO RUFFRIDGE-JOHNSON EQUIPMENT COMPANY AND THE PURCHASE OF THE TRAILER FROM THE MINNESOTA STATE CONTRACT. 11. Receive Bids and Award the Contract for the Locke Park Water Treatment Plant Improvement Project. William Burns, City Manager, stated these improvements include replacing the roof and concrete facade, cleaning and repairing the brick work and modifications to the flooring. Bids were opened on February 7, 2006, and the low bid was from Maertens-Brenny Construction Company in the amount of $116,725. Design and contract administration costs will add $10,100 to the total. The total of $126,825 is well within the budgeted amount of $200,000 in the 2006 Capital Improvements Plan and included in the last bond sale. Staff recommends Council's approval. RECEIVED BIDS AND AWARDED CONTRACT FOR THE LOCKE PARK WATER TREATMENT PLANT IMPROVEMENT PROJECT TO MAERTENS-BRENNY CONSTRUCTION COMPANY. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 13, 2006 PAGE 5 12. Resolution Ordering Advertisement for Bids: 2006 Miscellaneous Concrete Repair Project No. 365. William Burns, City Manager, stated this project covers remedial sidewalk, pavement and curb repair and replacement. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2006-14. 13. Resolution Authorizing Changes in Appropriations for the 2005 Budget for October through December, 2005. William Burns, City Manager, said adjustments include $30,709 in additional revenue and expenditures from the General Fund and $280 in additional revenue and expenditures for the Springbrook Nature Center Fund. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2006-15. 14. Resolution Amending the Resolution Providing for the Issuance and Sale of $4,645,000 General Obligation Tax Increment Refunding Bonds, Series 2005B and Pledging for the Security Thereof Tax Increments. William Burns, City Manager, stated this action will remove Tax Increment District #6 from the Pledge Agreement that was executed in conjunction with the 2005B bonds. District #6 was mistakenly included as one of the TIF Districts that had been pledged as tax increment. District #6 was fully pledged to the Lake Pointe District and should not have been included. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2006-16. 15. Appointment - Police Officer. William Burns, City Manager, said staff recommended the appointment of Travis Volk to the police officer Travis Volk. APPROVED APPOINTMENT. 16. Claims: 12547 — 125531. APPROVED. 17. Licenses. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. Councilmember Bolkcom requested that Item 3 be removed and placed on the regular agenda. MOTION by Councilmember Bolkcom to approve the consent agenda as presented with the removal of Item 3. Seconded by Councilmember Barnette. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 13, 2006 PAGE 6 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Barnette to add a lawful gambling license for the Fridley Historical Society to Item 17, Licenses. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY ADOPTION OF THE AGENDA: MOTION by Councilmember Barnette to adopt agenda with the addition of Item 3. Seconded by Councilmember Bolkcom. Councilmember Bolkcom requested to add a Resolution Authorizing Participation in the Safe and Sober Communities Grant Program as Item 19A. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM (VISITORS): No items presented. NEW BUSINESS: 18. First Reading of an Ordinance Amending Fridley City Code, Chapter 101, Animal Control, Pertaining to Wild Animals and Birds. William Burns, City Manager, stated Fridley City Code, Chapter 101, presently makes it unlawful to hunt, take, shoot, trap or kill any wild animal or bird except rodents. There has been a need to manage the deer at the Minneapolis Water Works as well as the Canadian geese at Moore Lake beach. The amendment to Chapter 101 introduces a plan requirement of a staff- issued permit process to address nuisance wildlife issues. Applicants will be required to secure a necessary State and Federal permits, provide an indemnification agreement and submit a wildlife control plan. A Public Safety Director will have the authority to approve, modify or deny the plan based on public health, safety and welfare. The amendment also prohibits persons from disrupting the wildlife control program. It permits Nature Center staff, the Animal Control Officer and officers of the Fridley Police Department to trap, immobilize or kill a wild animal or bird for reasons of public safety or for reasons of humane destruction following injury. Mayor Lund questioned if a squirrel or a bat is considered a rodent. Mr. Burns confirmed that both are considered rodents. Councilmember Bolkcom questioned the reason behind this ordinance. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 13, 2006 PAGE 7 Mr. Burns answered that the major motivating factor is the request by the City of Minneapolis to manage the deer population on the Water Works property. The Public Safety Director would review the application for the animal management programs and enforce and manage the issues administratively. Councilmember Bolkcom asked for clarification regarding the application process. Mr. Burns stated the Director of Public Safety will decide to approve or deny the applications. The applicant would still have to go through the Minnesota DNR. MOTION by Councilmember Billings to waive the reading and approve the ordinance on first reading. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. NEW BUSINESS: 19. First Reading of an Ordinance Amending Chapter 131, Fire Department Service Charges as it Pertains to Invoicing Motor Vehicle Owners. John Berg, Fire Chief, said in the event the Fire Department responds to an accident and provides a service, they are currently allowed to bill the motor vehicle insurance company for the fees. If the vehicle owner does not have insurance, the fees can be collected through restitution. Staff recommends the addition of the ability to invoice the owner of the vehicle for these fees. He said the problems they currently face are that oftentimes the fees are lower than the insurance company's deductible. Sometimes the vehicle owner chooses not to place a claim, so they are not invoicing the insurance company. In some cases, the insurance companies are refusing to pay the fees or are adjusting the fees to what they see reasonable. In addition, they are not always charging people, as it takes time to get proof of insurance and many times it is missed. It is also difficult coordinating with the City attorney's office. With this amendment, they hope to reduce staff time and reduce time on the scene, especially on the interstate. The time they spend collecting information on the interstate could potentially cause additional accidents. Staff recommends Council's approval of the first reading of this ordinance. Councilmember Barnette said people have said that residents already pay taxes for these services. He asked if many of the accidents that happen in Fridley involve persons who are not Fridley residents. Chief Berg replied that in 2005, 76% of the invoices went to individuals who were not residents of the City of Fridley. Councilmember Wolfe stated that Fridley taxpayers are already paying for these services. He asked if there was a way to exclude Fridley residents from paying this fee. Mr. Knaak, City Attorney, said it is a general rule to treat all persons the same way whether they are a residents or non-residents, but there are some limited exceptions. He was not sure if this service would qualify as an exception. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 13, 2006 PAGE 8 Councilmember Bolkcom asked for clarification of the changes in the ordinance. Chief Berg said what was added is the owner or owner's insurance company. If a motor vehicle accident involves two cars, we will send the invoice to both insurance companies. If we have trouble collecting from an insurance company or do not have the information, it gives us the opportunity to send the invoice to the owner giving them the option to submit this claim to their insurance company. Councilmember Bolkcom asked when the $400 is charged, how the money is collected if the insurance company does not cover the charges and what happens if the invoice is not paid. Chief Berg clarified that if no medical care is needed, there will be no charge. If the invoice is not paid, the courts would proceed to collect the funds. Councilmember Bolkcom questioned what type of insurance would cover this fee—collision or liability. Chief Berg stated he would research the insurance issue and provide the information at the next reading of this item. For the most part, insurance companies are paying the fees. Councilmember Billings questioned the dollar amount invoiced last year. Chief Berg answered the amount billed last year was $30,540. They have collected $20,913 to date. Councilmember Billings asked if it matters whether the insurance company or the owner pays the fee. Insurance is something purchased as a protection so owners do not have to pay all of the expenses out of their own pocket. If people choose not to buy insurance, why should the City of Fridley residents be responsible for these bills? We should just bill the owner and as a courtesy bill the insurance company for the services we are providing. If people do not want medical treatment, that is fine; but if they want medical treatment, we have the right to charge them for the services we are providing. Everyone should be billed for the services whether they have insurance or not. It is the responsibility of the vehicle owner or their insurance company to cover the charges. Mr. Burns, City Manager, questioned if we are the only city going forward with this change. Chief Berg answered that other cities are making the same change. Councilmember Wolfe asked if we should tell people that there will be a$400 fee to treat them before they are treated. Chief Berg answered that in most cases, people who are treated need transportation by ambulance to the hospitaL Most cases involve a combination of services such as vehicle safety, picking up fluids from the roadway, disconnecting batteries, etc. Rarely does the Fire Department just provide one service. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 13, 2006 PAGE 9 Councilmember Bolkcom asked why two or more vehicles would be charged an equal share of the $400. Why not charge each vehicle $400. Chief Berg said the cost is based on an estimate of cost over a period of time. Based on the response of sending a vehicle to the scene for the first hour, the cost is about the same whether the Fire Department is servicing one vehicle or five vehicles. Mayor Lund asked how many people are sent out on a call. Chief Berg replied 8 people are sent out on an interstate call, 4 people for a highway roadway call and 2 people for a typical motor vehicle accident. Councilmember Bolkcom said if we charge one car $400 and 2 cars the same amount, why not treat all of them with the same cost. Chief Berg responded that with the number of calls the Fire Department gets, they opted for a flat fee. Mr. Knaak replied that the reimbursement of the expenses is not based on a case by case analysis. If you start multiplying fees by automobiles, it would be difficult to justify on a cost basis. Mayor Lund commented that this is a complicated situation. The most expensive cost is probably getting the firefighters to the scene and back If the minimum charge is $400, maybe if more vehicles are involved, we could charge an extra $100 per vehicle. Maybe we should look at this as a possibility. We are not trying to make money. We are just trying to find a fair way to charge those involved in the accident and cover the expenses that occur. MOTION by Councilmember Billings to waive the reading and adopt the ordinance on first reading. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, MAYOR LUND, COUNCILMEMBER BARNETTE, COUNCILMEMBER BILLINGS AND COUNCILMEMBER BOLKCOM VOTING AYE, AND COUNCILMEMBER WOLFE VOTING NAY, MAYOR LUND DECLARED THE MOTION CARRIED ON A 4 TO 1 VOTE. STATE LEGISLATIVE UPDATE: Senator pon Betzold, State Senator, presented a preview of the happenings in the State legislature. This year is not a budget year; the budget is on odd-numbered years. Some policy issues will carry over from last year and there may be some minor budget issues. Currently, there is about a$700 million budget surplus but there is a$30 billion State budget through June 30, 2007. Part of this surplus is already spent due to delayed payments to some school districts, plus there are other issues regarding the Ramsey County court decision stating that the tobacco health impact fee was a tax. If this is upheld in the court system, we could end up with a minor deficit, but nothing significant. There will be another forecast later this month but there will probably not be any surplus. He said there is a long list of requests, and he did not know what would happen with the bonding bill regarding the Springbrook Nature Center. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 13, 2006 PAGE 10 Senator Betzold said the session will more than likely seek more funding for the North Star Corridor. Last year was the initial down payment and this year will be the next phase. The Federal Government has moved the North Star Corridor ahead on the list of projects which is good for mass transit in the north suburban area. He said eminent domain is an issue that everyone is interested in. The law did not really change but the parameters did. Other issues of interest are recycling, electronic waste, funding of the Clean Water Legacy Act, and the stadium issues regarding the Vikings, Twins and Gophers. If there is any additional money, it will be dedicated to lowering property taxes or replacing the LGA funds. The session starts March 1 and must be finished by May 22. Representative Barb Goodwin, State Representative, said there are a lot of issues being discussed for a very short session. The leadership in the House is talking about concentrating on three or four top issues, but there are many bills being introduced plus several that were not heard last year. The North Star corridor needs a second phase of funding and the Springbrook Nature Center is a good project for a bonding bill. Healthcare is another issue and they continue to try and find ways to reduce the cost. She said she is on the commerce committee which is hearing insurance issues and business and labor management issues. The eminent domain issue is more complicated with areas of blight in the older parts of the county. She encouraged Council to contact her if there were any issues they would like to see discussed or brought forward. Commissioner Bolkcom asked about the Vikings stadium proposal. Representative Goodwin supports the idea of people voting on this issue. There are probably less than 1 in 10 people who support the stadium proposal as it currently stands. This stadium is not for public use, it is for private use and the citizens of Anoka County should not be the only people responsible for paying for this stadium. Senator Betzold stated that the Governor's stance on the stadium is that he would prefer a referendum but would sign a bill even if it does not have one. He said it was not up to him to decide the issue. It is the decision of the legislature collectively. He believes it is a state-wide issue. There will be no referendum on a Gopher stadium bill so the issue is basically to decide if a referendum is necessary for the Twins and Viking stadiums. If a referendum is required on one, there will need to be a referendum on the other item. The Senate cannot pass a bill to raise taxes as the House must past the bill first. If the bill comes from the House with a referendum, the Senate will follow through with a referendum. The same scenario will apply without a referendum. He said the Gopher and Twins stadiums are more likely to pass before the Vikings. The House and Senate will decide on which way the bill will go. There is a commitment to pass the best possible bill. Councilmember Wolfe supports the potential referendum. Senator Betzold said he did not specify that there would be a referendum as there are many issues to resolve first before a referendum can be added. He stated he will vote for the bill either way. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 13, 2006 PAGE 11 Councilmember Barnette asked if there had been any discussions within the House and Senate of a statewide 6.6% tax increase to support a Twins, Vikings or Gopher stadium. This would be an idea as the entire state will benefit from this stadium. Senator Betzold answered the proposal currently being discussed is a result of the Governor's task force. The Governor proposed that the local residents will pay 1/3, the team would pay 1/3 and the state would pay 1/3. No one has spoken of anything different, because this is what the Governor wants. Representative Goodwin stated that there has been some discussion, not public, but everyone knows that a tax increase would not pass, especially during an election year. Recently Anoka County put a lock on the issue and offered this proposal pertaining to Anoka County so the Vikings end up in Anoka County. With the lock on the proposal, no other cities came forward with a better proposal. Anoka County is not pushing for a state-wide sales tax. Councilmember Barnette questioned how the Xcel Center and Guthrie Theater got passed and if public funds were used. Representative Betzold gave a few examples and said the Xcel Center received an interest-free loan. The Target Center was privately funded and later bought by the state for less than half of the original investment. There was a sales tax increase for the Metrodome. Scott Hickok, Community Development Director, asked Representative Betzold for his opinion on eminent domain. Representative Betzold replied that most of the law professors reviewed the eminent domain issue and stated that nothing has really changed in the last 50 years of law, what has changed was that people are afraid. Eminent domain has not been a problem in Minnesota. The last resort is people who own land will make money and can use eminent domain to sell their property. The problem is that multi proposals and items are being Oadded and changed. The more problematic and complicated eminent domain gets, the harder it will be to pass. This issue needs to be addressed but they do not have the time they would like to spend on this item. Representative Goodwin stated that she is coming to the end of her term and is not planning to run again. Representative Betzold encouraged residents to stay in touch with the legislators on issues and concerns. OLD BUSINESS: 3. Second Reading of an Ordinance Creating Chapter 205.32 0-7 of the Fridley City Code Pertaining to Shoreland Overlay District and Approve Official Title and Summary Ordinance. Councilmember Bolkcom wanted to make sure that "flowage" was understood as it was not mentioned in the presentation. She wanted to make sure everyone was clear that this came from the DNR. She asked if anyone had any questions or comments. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 13, 2006 PAGE 12 MOTION by Councilmember Bolkcom to waive the reading of the ordinance and adopt Ordinance No. 1224 on second reading and adopt the official title and summary ordinance and order publication. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY NEW BUSINESS: 19a. Resolution Authorizing Participation in the Safe and Sober communities Grant Program. Councilmember Billings asked that the following changes be made: 1. In Paragraph 5, remove the word "the" after "Whereas." 2. In Paragraph 6, change "Chief of the Fridley Police Department" to "City of Fridley Public Safety Director." MOTION by Councilmember Billings to adopt Resolution No. 2006-17 with the changes listed above. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY 20. Informal Status Reports. Councilmember Bolkcom mentioned that the North Metro Home and Garden Show would be held on February 25 from 9:00 a.m. to 2:00 p.m. ADJOURN: MOTION by Councilmember Barnette, seconded by Councilmember Wolfe, to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 8:57 P.M. Respectfully Submitted, Krista Monsrud Scott J. Lund Recording Secretary Mayor � AGENDA ITEM CITY COUNCIL MEETING OF FEBRUARY 27, 2006 CffY OF FRIDLEI' To: William W. Burns, City Manager From: Don Abbott, Director of Public Safety Bob Rewitzer, Captain Date: February 21, 2006 Re: 2ND READING OF AN ORDINANCE AMENDING CHAPTER 101 OF THE FRIDLEY CITY CODE ALLOWING WILDLIFE CONTROL MEASURES Staff recommends approval of the second reading of the attached ordinance amending the Fridley City Code by authorizing a permit process for the taking of nuisance wild animals and birds; prohibiting persons from disrupting wildlife control programs; and permitting staff to trap, immobilize or kill a wild animal or bird for public safety or humane reasons. The ordinance affects Chapter 101, Animal Control. The first reading was held on February 13, 2006. Attachment ORDINANCE NO. AN ORDINANCE AMENDING FRIDLEY CITY CODE CHAPTER 101 ANIMAL CONTROL PERTAINING TO WILD ANIMALS AND BIRDS The City Council of the City of Fridley hereby finds, after review, examination and recommendation of staff, that the Fridley City Code be hereby amended as follows: That Chapter 101 of the Fridley City Code be hereby amended as follows: CHAPTER 101. ANIMAL CONTROL 101.02. WILD ANIMALS AND BIRDS 1. Takin� Wild Animals and Birds. Except as provided in Section 101.02.2 re a� rdin� nuisance wildlife control measures, it shall be unlawful for any person to hunt, take, shoot, trap, kill, injure or attempt to injure any wild animal or bird within the City of Fridley by use of a firearm, bow and arrow, trap, poison or any other means. �''�� °�r�'��'��*� �� Nothin� in this section, however, shall � prevent property owners or their agents from eradicating rodents on their property through the use of traps, poisons or other such lawful means, nor shall it prevent Nature Center staff, the Animal Control Officer or officers of the Fridley Police Department from tra�pin�, immobilizin� or killin� a wild animal or bird for reasons of public safety or for reasons of humane destruction followin� injur� 2. Nuisance Wildlife Control Measures. A. It shall be unlawful to hunt, take, shoot, trap, or kill any wild animal or bird within the City of Fridley without first havin� obtained a temporary nuisance wildlife control permit from the Citv. No permit shall be issued except upon the review and a�proval of a nuisance wildlife control plan and then onlv under the followin� conditions: � A special permit, authorizin� wild animal or bird removal, shall first be secured from the Minnesota Department of Natural Resources and any federal a�ency mandated to re�ulate the takin� of the species to be removed as ma. b�quired. � An indemnification a�reement shall be submitted holdin� harmless the City of Fridley from any suits arisin� from any dama�es resultin� from the nuisance wildlife control pro r� am. B. In addition to anv other requirements as mav be deemed necessarv, the nuisance wildlife control blan shall at a minimum: � Include a site plan of the propert�pon which nuisance wild animals or birds are to be taken; � Identif t�pecies and number of wild animals or birds to be taken and the method of disposal; � Describe the proposed manner of takin� and incorporate appropriate safetv standards as identified bv the Minnesota Department of Natural Resources and public safety officials; � Provide complete identification, credentials and qualifications of all person involved in the takin�; � Identify the measures to be used to secure the propert. f�public intrusion durin� any takin�. C. The Director of Public Safetv or desi�nee has the authoritv to approve, modify or deny a nuisance wildlife control plan, takin� into account the health, safetv and welfare of the public. D. No person shall intentionall.�pt a nuisance wildlife control pro�ram conducted pursuant to this section by any means includin� but not limited to the use of noise. li�hts. chemicals. or bv the intrusion into a restricted area where a nuisance wildlife control pro�ram is takin� place. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 200_. SCOTT J. LUND, MAYOR ATTEST: DEBRA A. SKOGEN, CITY CLERK First Reading: February 13, 2006 Second Reading: Publication: � � CffY OF FRIDLEI' To: From Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF FEBRUARY 27, 2006 William W. Burns, City Manager John Berg, Fire Chief January 23, 2006 Text Amendment City Code Chapter 131.04 Staff recommends approval of the second reading of the attached ordinance amending the Fridley City Code, Chapter 131, Fire Department Service Charges, as it pertains to invoicing motor vehicle owners. Text was included that would allow the City to invoice, in the event of a motor vehicle accident, a vehicle owner directly and to clarify that the fee may be collected through the criminal court only when the police issue a citation. The first reading was held at the City Council meeting on February 13, 2006. Attachment ORDINANCE NO The City Council of the City of Fridley hereby finds, after review, examination and recommendation of staff, that the Fridley City Code be hereby amended as follows: AN ORDINANCE AMENDING CHAPTER 131. FIRE DEPARTMENT SERVICE CHARGES AS IT PERTAINS TO INVOICING MOTOR VEHICLE OWNERS That Chapter 131 of the Fridley City Code be hereby amended to read as follows: 131.04 EMERGENCY RESPONSE SERVICE CHARGES 1. The collection service charges shall be as authorized in Minnesota Statute 366.011. 2. Collection of unpaid service charges shall be as authorized in Minnesota Statute 366.012. 3. The service charges shall be as follows: A. Vehicle Accident 1.) Any incident response to an accident involving a motor vehicle where the Fire Department is able to render aid, provide assistance, or otherwise improve the conditions of the patients. This would include but not be limited to: • Extrication • Medical Care • Absorbing Liquid Spills • Vehicle System Safety • Vehicle Stabilization 2.) An invoice for $400 will be sent to the motor vehicle owner or owner's insurance company, e� In the event the owner cannot provide insurance information and is char�ed for the offense, the City shall collect the fee through the criminal process as defined in the Minnesota State Statutes. 3.) If there is more than one motor vehicle involved for which fire department service is provided, each motor vehicle owner or insurer will be invoiced an equal share of the $400 service charge. Scott J. Lund, Mayor ATTEST: Debra A. Skogen, City Clerk First Reading: February 13, 2006 Second Reading: Publicarion: � � CffY OF FRIDLEY To From Date AGENDA ITEM CITY COUNCIL MEETING OF February 27 2006 William W. Burns, City Manager Richard D. Pribyl, Finance Director Debra S. Skogen, City Clerk January 26, 2006 Re: First Reading of an Ordinance amending Chapter 505. Bicycle Regulations of the Fridley City Code During the 2005 Legislative Special Session, the Legislature approved the elimination of the statewide bicycle registration program, effective immediately. A letter was sent to the City requesting the return of all of the bicycle registration forms and inventory of licenses. City Code Chapter 505 refers to a statewide bicycle registration and licensing system. As this system no longer exists, staff has prepared an ordinance amending Chapter 505 deleting any language referencing licensing or registration. There is no public hearing required to amend this language. Staff recommends holding the first reading of an ordinance amending Chapter 505. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 505. BICYCLE REGULATIONS, OF THE FRIDLEY CITY CODE PERTAINING TO LICENSING AND REGISTRATION The City Council of the City of Fridley hereby finds, after review, examination and recommendation of staff, that the Fridley City Code be hereby amended as follows: FRIDLEY CITY CODE CHAPTER 505. BICYCLE REGULATIONS � � .. •.. •. � . . .. .. .. . .. . .. .. .. . . ... . . . .. .. .. . ... .. . . � �. . . .. �. . �, ., � �� - � - - . . . .. . . . ... . . .. . . .. . . .. . . .. .. .. . . .. . .. . - -� _ . . .. . . .. . .. . . .. .. .. . . ..... ... . . . . . . . 505.05. IMPOUNDING If any bicycle is found abandoned on any street, alley, public bikeway/walkway path, bikeway/walkway lane, bicycle route or private property without knowledge and/or consent of the person in charge of said property, then said bicycle shall be impounded by the Fridley Police. Impounded bicycles shall be surrendered to the owner thereof upon proof of ownership �1-�ee€ ^r'��°' -- ;°+--°�;�� satisfactory to the Fridley Police. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 2006. Scott J. Lund, Mayor ATTEST: Debra A. Skogen, City Clerk First Reading: Second Reading: Publication: DRAFT CITY OF FRIDLEY PLANNING COMMISSION February 15th, 2006 CALL TO ORDER Chairperson Savage called the regular meeting of the Planning Committee to order at 7:30 p.m. ROLL CALL Members Present: Leroy Oquist, Dean Saba, Diane Savage, David Kondrick, Larry Kuechle, Barbara Johns Others Present: Stacy Stromberg, City Planner Mike Chevrette, 510 57th Ave. NE Jim Driessen, Medtronic Tarra Krejce, Medtronic APPROVE PLANNING COMMISSION MEETING MINUTES - February 1, 2006 MOTION by Commissioner Kondrick, seconded by Commissioner Saba, to approve the minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. PUBLIC HEARINGS Consideration of a Master Plan Amendment, MP #06-01, by Medtronic Inc., to allow the addition of a billboard/community service siqn, near the west edqe of their campus and Hiqhway 694, qenerally located at 710 Medtronic Parkway NE. MOTION by Commissioner Kondrick, seconded by Commissioner Oquist, to open the public hearing. UPON A UNANIMOUS VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 7:34 P.M. Ms. Stromberg, City Planner, presented a request from Medtronic Inc., who is seeking an addendum to their World Headquarter Master Plan to allow the installation of a billboard type sign. Medtronic is proposing to install a 14 ft. by 48 ft. (672 square feet) community service sign, which will display Medtronic's commitment to the community on the southwest side of the property, located south of the existing parking lot east of the daycare center. It should be noted that this is considered an addendum (addition, supplement) to Medtronic's Master Plan. This request is in no way replacing Phase 2 and Phase 3 of the original master plan approved on April 26, 1999. In fact, the petitioner has stated that this sign is considered temporary and will be taken down when Phase 2 and Phase 3 are constructed. Ms. Stromberg reviewed that the City Council approved the Master Plan for the Medtronic World Headquarters on April 26, 1999. The Master Plan approved the construction of up to 1,600,000 square feet of corporate facilities and three parking ramps. The first phase consists of approximately 500,000 square feet and has been completed. Phase one consists of six buildings, including a research building, education building, corporate headquarters building, neurological building, a campus commons building, and a central plant facility. A 1,000 car Planning Commission February 15th, 2006 2 of 7 parking ramp is also located on the property. In 2000, the City Council granted Medtronic an amendment to their Master Plan to allow an 11,270 square feet free-standing daycare center. A drop off area and a 34 stall parking lot was also proposed to be constructed to serve the facility. That amendment did not subtract from the anticipated placement of the Phase 2 and Phase 3 portions of the development. Instead, it was in addition to the already planned campus. In 2001, a temporary, 282 stall parking lot was constructed on the east side of the daycare center. The lot is considered temporary because it would need to be removed in order for Phase 2 and Phase 3 to be completed. This parking lot was constructed as a result of parking problems Medtronic was experiencing during special corporate events held at the World Headquarters' Campus, that aren't experienced on a daily basis. Without the full build-out of the additional parking ramps, this was reviewed as the best solution to bridge the parking gap, without permanently changing the master plan layout. Ms. Stromberg stated that this request is considered an addendum to the petitioner's master plan and is in no way, replacing Phase 2 or Phase 3 of the original master plan. Although the petitioner has stated that this billboard sign is only temporary until Phase 2 and Phase 3 are to be completed, it is in staff's experience that temporary type uses are rarely temporary. The proposed sign location is in direct conflict with the future building planned for Phase 3. It is also a concern to staff that the extreme cost of a sign of this stature will hinder the petitioner from wanting to remove it in the future, and therefore it may comprise the construction of Phase 3 and possibly Phase 2. Ms. Stromberg reviewed that Fridley's Sign Code states that in order for a billboard to be constructed, several requirements need to be met. The following is a list of the code requirements and the answers provided by the petitioner as to how those requirements are or will be met. A. Billboards shall be restricted to property adjoining the right of ways of Interstate Highway #694, Trunk Highway # 47, Trunk Highway #65 and East River Road south of Interstate Highway #694. ■ I nterstate 694 B. The minimum height is twenty-five (25) feet above the finished ground grade, unless the sign is intended to be viewed from a highway, then the twenty-five (25) foot maximum height shall be computed from the centerline of the traveled highway, but in no case shall the vertical distance between the bottom of the sign and the ground be reduced to less than ten (10) feet. ■ The sign that we are proposing is intended to be seen from the highway. We will work with the existing grades and the elevation of 694 to comply with the City Code. C. The maximum sign area is three hundred (300) square feet per facing not to exceed two (2) facings when erected on East River Road south of Interstate Highway #694, on Trunk Highway #47 and Trunk Highway #65; and 750 square feet per facing not to exceed two (2) facings when erected on Interstate Highway #694. Double faced signs shall be attached back to back at a horizontal angle not to exceed forty-five (45) degrees. ■ The proposed sign faces are approximately 14' tall by 48' tall (672 square feet) D. The minimum distance between billboard signs is 1000 feet when erected on the same side of the highway. ■ There are no existing billboard signs in the vicinity of our proposed location on the same side of the highway. There is a billboard on the south side that is approximately over one thousand (1,000) feet away. Planning Commission February 15th, 2006 3 of 7 E. The minimum setback from the highway right of way is thirty (30) feet. ■ We are proposing a setback of approximately one hundred (100) feet from our south property line, as per the attached drawing. F. The minimum distance is 500 feet from a billboard sign to the intersection of any street or ramp where traffic crosses or merges at the same elevation. The distance is determined by measuring from the intersection of the street and highway centerlines and the sign. ■ We are six hundred fifty (650) feet from the intersection of Medtronic Parkway and 7th Street. G. The minimum distance to a residential and public district is 500 feet. ■ The proposed sign is five hundred (500) feet to residential district to the west and six hundred (600) feet to the residential district to the north. H. The sign structure shall be all metal and be either painted or treated to prevent deterioration. Lack of proper maintenance shall be cause for revocation of the sign permit. ■ Sign will be constructed of painted metal to prevent rust and deterioration. We are also proposing to clad the sign base in a decorative material in keeping with the aesthetics of our existing buildings. I. The minimum distance to a railroad crossing is 350 feet when there are lights and a gate, and 500 feet from a railroad crossing without lights and/or a gate. ■ N/A Any lighting will be shielded to not impair the vision of any motor vehicle operator or to create a nuisance on adjoining property. ■ We will be sure to use shielded light fixture that conforms to the City Code and MN/DOT requirements. We will submit full shop drawings and cut sheets of the sign and lighting to the City for approval before proceeding with any work. Ms. Stromberg stated that although the petitioner has answered the above questions and plans to meet the code requirements related to billboard signs, exact drawings of the proposed sign were not submitted. If this master plan addendum is approved, an exact site plan and proposal for the sign will need to be submitted prior to issuance of a permit to ensure that all code requirements are being met. Ms. Stromberg stated after further analysis, staff has determined that the only requirement the petitioner will have trouble meeting, is the minimum distance to a residential district, which is 500 ft. The residential properties across I-694 on Cheri Lane will be approximately 400-450 ft. from the proposed sign. The subject property is zoned S-2, Redevelopment district. The S-2, redevelopment district does allow flexibility and latitude with a development, subject to stipulations. This use however, would not be as intense of an impact, due to the following mitigating features: ■ The highway provides a barrier ■ The sound wall on the south side of 694 ■ Angle of the sign (end of sign) Ms. Stromberg stated City Staff recommends denial of the addendum to the Master Plan to allow a temporary billboard sign on the property for the following reasons: - Sign location is in direct conflict with the master plan and building planned for Phase 3. - As positioned currently the sign would (at minimum) potentially delay the Planning Commission February 15th, 2006 4 of 7 placement of buildings on this campus until the sign has had time to serve some purpose and its cost to be somewhat amortized. - The City and Medtronic have a structured arrangement that expanded a tax increment district to realize the full benefit of the increment to be generated by the full development of the land. Ms. Stromberg stated that if the proposed sign were to be placed in a location not in conflict with already approved site plans, the recommendation would be for approval. Staff would recommend that if the master plan addendum is granted, the following stipulations be attached. 1. Petitioner shall obtain all necessary permits prior to installation of proposed sign. 2. Petitioner to provide a to-scale site plan depicting the size, location and setback of the proposed sign prior to issuance of a sign permit. 3. The Petitioner shall provide detailed scaled plans of: the sign, sign structure, sign footings, sign utility plan, structural engineering, and sign lighting, prior to plan review for sign permit. 4. Petitioner shall meet all code requirements for billboard signs, recognizing the exception of 214.12.7.G. 5. Petitioner shall provide a description and illustration of proposed materials to be used for the base of the billboard sign, to be approved by staff prior to issuance of a sign permit for the proposed sign. 6. The petitioner shall obtain a special use permit for the proposed billboard sign if any portion of the sign is an electronic readerboard sign. Commissioner Savage questioned the purpose of the sign. Mr. Driessen, of Medtronic, answered that Medtronic would like to use the sign as a way to share what is going on in the community such as United Way, Food Share etc. Commissioner Kondrick questioned if they planned on changing the message and how often. Mr. Driessen answered that they did plan to change the message quarterly (approximately). Commissioner Savage asked to address the concerns from Staff not permitting the sign. Mr. Driessen explained that they are not opposed to slide the proposed sign down to the east, although the location proposed seems to be the most reasonable site for the sign. Medtronic truly sees this as a temporary sign and it is not intended to remain with Phase 2 and Phase 3 construction. The reason for the sign at this time is because there is excess land available. Commissioner Kondrick asked for confirmation that when Phase 2 and Phase 3 construction begins, the sign will be taken down. Mr. Driessen confirmed and stated that Medtronic would be willing to sign a document stating that the sign would be taken down upon Phase 2 and Phase 3 construction. Commissioner Savage questioned why it is necessary to put up a temporary sign and how long the sign would remain. Mr. Driessen stated that Medtronic would like this to communicate what they are doing for the community and the sign could stay up a couple years. Medtronic is planning for continued success, but do not know when Phase 2 or Phase 3 will start. Planning Commission February 15th, 2006 5 of 7 Commissioner Savage commented that the community is well aware of what Medtronic does and that Medtronic has a great image in our community. A billboard can be a visual distraction and will not add to the image of Medtronic. Mr. Driessen replied that Medtronic plans to dress up the base of the billboard and it will be upscale not to look like a typical billboard. Commissioner Kondrick questioned what the design plans are to make this billboard look different from others. Mr. Driessen stated that Medtronic is calling this sign a"community service sign" that will speak to the quality of the sign. Commissioner Kuechle questioned if both sides will be visible from the east and west. Mr. Driessen confirmed both sides will be finished, but it will be less visible from the west. Commissioner Johns questioned if the size of the billboard is the same as other billboards and if Medtronic thought temporary would be more or less than two years. Mr. Driessen confirmed that the size will be the same size as a billboard and two years is a safe estimate as to the minimum years the sign will remain. Commissioner Johns questioned the long range plans on campus and if there would be a problem destroying the sign after completion due to cost involved. Mr. Driessen explained that it will not be a problem to take the sign down and gave an example that Medtronic invested $400,000 in a temporary parking lot and the cost of the sign is approximately $100,000. Mr. Chevrette, of 510 57th Ave. NE, stated that when he looks out of his patio door, he has a view of the current daycare center on Medtronic campus. Mr. Chevrette is a stockholder of Medtronic and is aware of the great community work they currently participate in. He supports Medtronic in what they do but is concerned what the view from his back yard will be once the sign is installed. He is also concerned about the temporary sign and when it will be taken down. He also suggested not lighting the billboard so homes in site would not have light pollution. Commissioner Kondrick questioned if Mr. Chevrette would be opposed to a non lighted sign. Mr. Chevrette stated that he did not know how much light is going to hit the sign and how much will affect the homes in the area. Commissioner Kondrick questioned the distance between the sign and Mr. Chevrette home. Ms. Stromberg stated that it is over 500 feet but did not have the exact distance. MOTION by Commissioner Kondrick, seconded by Commissioner Johns, to close the public hearing. UPON A UNANIMOUS VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:00 P.M. Planning Commission February 15th, 2006 6 of 7 Commissioner Johns stated that she understands the concerns with the billboard creating visual distraction on the freeway and the concern of light pollution. If Medtronic will work to accommodate the issues discussed, she could support the billboard. Commissioner Kuechle stated that he does not particularly care for billboards but they are permitted for use on this property. He could support the billboard as long as the petitioner met the concerns addressed and the sign meets all the City Codes. Commissioner Kondrick concurred with Commissioner Johns and Commissioner Kuechle. If Medtronic agrees to sign a stipulation to take the sign down when the next phase of construction begins, he could support this amendment. Commissioner Savage stated that she cannot support this amendment. She does not see the logic to invest in a temporary sign and believes it is not necessary. Everyone is aware that Medtronic does good work for the community and it does not need to be advertised. A billboard sign does not go with the building and Medtronic is not the type of operation to have this kind of sign on their property. This will detract from the building and she simply can't support it. Commissioner Saba responded that we all have a paradigm of what billboards look like, but Medtronic would do a good job presenting this community sign. Medtronic has been an excellent neighbor and he shares Commissioner Savage concerns, but would support the sign. Commissioner Oquist stated that he understands the concerns but also understood that this is not an advertising billboard, but a community sign, double sided and will look nice. He has no problem supporting the request. MOTION by Commissioner Saba, seconded by Commissioner Oquist to approve the consideration of a Master Plan Amendment, MP #06-01, by Medtronic Inc., to allow the addition of a billboard/community service sign, near the west edge of their campus and Highway 694, generally located at 710 Medtronic Parkway NE, subject to the stipulations outlined by staff and the addition of a 7th stipulation related to Medtronic entering into an agreement with the City to remove the billboard when construction of Phase 2 and Phase 3 begins. The stipulations approved are as follows: 1. Petitioner shall obtain all necessary permits prior to installation of proposed sign. 2. Petitioner to provide a to-scale site plan depicting the size, location and setback of the proposed sign prior to issuance of a sign permit. 3. The Petitioner shall provide detailed scaled plans of: the sign, sign structure, sign footings, sign utility plan, structural engineering, and sign lighting, prior to plan review for sign permit. 4. Petitioner shall meet all code requirements for billboard signs, recognizing the exception of 214.12.7.G. 5. Petitioner shall provide a description and illustration of proposed materials to be used for the base of the billboard sign, to be approved by staff prior to issuance of a sign permit for the proposed sign. 6. The petitioner shall obtain a special use permit for the proposed billboard sign if any portion of the sign is an electronic readerboard sign. 7. The petitioner shall enter into an agreement with the City stating to the fact that the billboard sign is temporary and will be removed upon start of construction of Phase 2 and Phase 3. UPON A VOICE VOTE, COMMISSIONER JOHNS, COMMISSIONER KUECHLE Planning Commission February 15th, 2006 COMMISSIONER KONDRICK, COMMISSIONER SABA AND COMMISSIONER OQUIST VOTING AYE, COMMISSIONER SAVAGE VOTING NAY. CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED ON A 5 TO 1 VOTE. 7 of 7 THE MATTER WILL BE HEARD AT THE CITY COUNCIL MEETING ON FEBRUARY 23RD, 2006 AT 7:30 P.M. 2. Receive the minutes of the January 9, 2006, parks and recreation commission meetinq MOTION by Commissioner Kondrick, seconded by Commissioner Saba to receive the minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. OTHER BUSINESS: Ms. Stromberg stated that the Hilltop Trailer Sales Special Use Permit was approved by the City Council. She also mentioned that the next meeting is March 1, 2006 and that the March 15, 2006 meeting has been cancelled due to no items to consider. ADJOURNMENT: MOTION by Commissioner Kondrick, seconded by Commissioner Saba, to adjourn. UPON UNANIMOUS VOICE VOTE, CHAIRPERSON SAVAGE DECLARED THE MEETING ADJOURNED AT 8:05 P.M. Respectfully Submitted, Krista Monsrud Recording Secretary � � CffY OF FRIDLEY T�: FROM: DATE: SUBJECT AGENDA ITEM CITY COUNCIL MEETING OF FEBRUARY 27, 2006 William W. Burns, City Manager Jon Fi. Fiaukaas, Public Works Director Layne Otteson, Assistant Public Works Director February 23, 2006 Sanitary Sewer Lining Project I`lo. 366 PW06-020 The 2006 budget has funds identified for the restoration of our sanitary and storm sewer lines. This year"s sanitary sewer work will line the low lying areas along the Mississippi River in the northwest section of the City. The sanitary sewer lining portion of the project will consist of approximately 3,000 LF of 8 in. VCP along the Mississippi River from Craigbrook Way to 79r" Avenue. There is also a stretch on Fiugo Street from Broad Avenue to Riverview Terrace. There is �80,000 budgeted for this project. Recommend the City Council adopt the resolution authorizing staff to advertise for the Sanitary Sewer Lining Project I`lo. 366. Jtiti:cz Attachment RESOLUTION NO. 2006 - A RESOLUTION ORDERING IMPROVEMENT, APPROVAL OF PLANS AND ORDERING ADVERTISEMENT FOR BIDS: SANITARY SEWER LINING PROJECT NO. 366 WHEREAS, the City Council of the City of Fridley has established a policy of lining sanitary sewers when necessary, WHEREAS, the Director of Public Works has submitted a plan showing the sanitary sewers in need of lining. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley, Anoka County, Minnesota, as follows: 1. That the sanitary sewers recommended for lining by the Public Works Department be lined, and the work involved in said improvement shall hereafter be designated as: SANITARY SEWER LINING PROJECT NO. 366. 2. The plans and specifications prepared by the Public Works Department for such improvement and each of them, pursuant to the Council action heretofore, are hereby approved and shall be filed with the City Clerk. 3. The work to be performed under Sanitary Sewer Lining Project 366 be performed under one contract. The Director of Public Works shall accordingly prepare and cause to be inserted in the official newspaper advertisement for bids upon the making of such improvements under such approved plans and specifications. The advertisement shall be published for two (2) weeks (at least 10 days), and shall specify the work to be done and will state that bids will be opened at 10:00 a.m. on WEDNESDAY, MARCH 22, 2006, in the Council Chambers of the City Hall, and that no bids will be considered unless sealed and filed with the Director of Public Works and accompanied by a cash deposit, bid bond, or certified check payable to the City of Fridley for five percent (50) of the amount of such bid. That the advertisement for bids for Sanitary Sewer Lining Project No. 366 shall be substantially standard in form. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 27TH DAY OF FEBRUARY, 2006. SCOTT J LUND - MAYOR Attested: DEBRA A. SKOGEN - CITY CLERK � � CffY OF FRIDLEI' To: From: Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF February 27, 2006 William W. Burns, City Manager Richard D. Pribyl, Finance Director Deb Skogen, City Clerk February 21, 2006 Knights of Columbus Hall, 6831 Highway 65 NE Premises Permit Renewal Section 30 of the Fridley City Code allows Lawful Gambling by a licensed organization. The Knights of Columbus is currently conducting charitable gambling at their facility located at 6831 Highway 65 NE. Their Charitable Gambling Premise Permit expires on May 31, 2006. The renewal application requires a resolution from the City Council approving the renewal. If approved, the premise permit would become effective June 1, 2006 and expire May 31, 2008. Please find a resolution for the renewal premise permit. Staff recommends approval of the premise permit renewal by adoption of the attached resolution. RESOLUTION NO. 2006 - RESOLUTION IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT FOR KNIGHTS OF COLUMBUS, 6831 HIGHWAY 65 NE WHEREAS, the City of Fridley has been served with a copy of an Application for Renewal of a Minnesota Lawful Gambling Premise Permit for the Knights of Columbus Counci14381; and WHEREAS, the location of the Premise Permit is at their premises, 6831 Highway 65 NE, and will be effective from June 1, 2006 to May 31, 2008; and WHEREAS, the City of Fridley has found no reason to restrict the location for the charitable gambling operation. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley approves the renewal of the Minnesota Lawful Gambling Premise Permit Application for the Knights of Columbus at their facility located at 6831 Highway 65 NE. PASSED AND ADOPTED BY THE CITY COUNCIL OF TI� CITY OF FRIDLEY THIS DAY OF 2006. SCOTT J. LUND - MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK � � CffY OF FRIDLEY TO: FROM: AGENDA ITEM COUNCIL MEETING OF FEBRUARY 27, 2006 WILLIAM W. BURNS, CITY MANAGER RICHARD D. PR/BYL, FINANCE DIRECTOR SUBJECT: RESOLUTION ESTABLISHING PROCEDURES RELATING TO COMPLA/NCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE DATE: February 22, 2006 Attached is the resolution prepared by the City's Bond Counsel, Mary Ippel from the firm of Briggs and Morgan. This resolution is similar to one that was passed by the City Council a number of years ago when Jim O'Meara, from the same law firm, was the City's Bond Counsel. Due to the age of the past resolution it was determined that the City should put in place an updated resolution that outlines procedures related to the issuance of those same general obligation bonds. The bonds issued by this City are used to reimburse it self for the costs associated with certain predetermined projects. This spring and summer the City will be working on the next phase of the expanded street improvement project. The costs associated with this project had been discussed during previous budget sessions and have been determined to be financed by a General Obligation Improvement Bond supported by an additional tax levy. This resolution authorizes the Finance Director to create a declaration of intent to reimburse for each general obligation bond used to finance each of our improvement projects. This resolution has attached to it an Exhibit A, which is the "Declaration of Intent" that shall be used for this summer's street improvement project and the related general obligation debt that shall be issued to cover those expenses. This resolution is only used to declare, an intent to reimburse, and does not provide the Finance Director with any new role in the issuance of general obligation bonds which has always been the City Council's role. :�' u- Attachment(s) RESOLUTION NO. , 2006 RESOLUTION ESTABLISHING PROCEDURES RELATING TO COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE BE IT RESOLVED by the City Council of the City of Fridley, Minnesota, as follows: RECITALS - The Internal Revenue Service has issued Treasury Regulations, Section 1.150-2, (as the same may be amended or supplemented, the "Regulations"), dealing with "reimbursement bond" proceeds, being proceeds of bonds used to reimburse the City for any project expenditure paid by the City prior to the time of issuance of those bonds. The Regulations generally require that the City (as the issuer of or the primary obligor under the bonds) make a declaration of intent to reimburse itself for such prior expenditures out of the proceeds of subsequently issued bonds, that such declaration be made not later than 60 days after the expenditure is actually paid, and that the bonding occur and the written reimbursement allocation be made from the proceeds of such bonds within 18 months after the later of (1) the of payment of the expenditure or (2) the date the proj ect is placed in service (but in no event more than 3 years after actual payment). The City heretofore implemented procedures for compliance with the predecessor versions of the Regulations and desires to amend and supplement those procedures to ensure compliance with the Regulations. The City's bond counsel has advised the City that the Regulations do not apply, and hence the provisions of this Resolution are intended to have no application, to payments of City project costs first made by the City out of the proceeds of bonds issued prior to the date of such payments. OFFICIAL INTENT DECLARATION — The Regulations, in the situations in which they apply, require the City to have declared an official intent (the "Declaration") to reimburse itself for previously paid project expenditures out of the proceeds of subsequently issued bonds. The Council hereby authorizes the Finance Director to make the City's Declarations or to delegate from time to time that responsibility to other appropriate City employees. Each Declaration shall comply with the requirements of the Regulations, including without limitation the following: Each Declaration shall be made not later than 60 days after payment of the applicable proj ect cost and shall state that the City reasonable expects to reimburse itself for the expenditure out of the proceeds of a bond issue or similar borrowing. Each Declaration may be made substantially in the form of the Exhibit A, which is attached to and made a part of this Resolution, or in any other format which may at the time comply with the Regulations. Each Declaration shall contain a reasonably accurate description of the "project" as defined in the Regulations (which may include the property or program to be financed, as applicable), to which the expenditure relates and state the maximum principal amount of bonding expected to be issued for that proj ect. Care shall be taken so that the City, or it authorized representatives under this Resolution, not make Declarations in cases where the City doesn't reasonably expect that reimbursement bonds will be issued to finance the subject project costs, and the City officials are hereby authorized to consult with bond counsel to the City concerning the requirements of the Regulations and their application in particular circumstances. The Council shall be advised from time to time on the desirability and timing of the issuance of reimbursement bonds relating to proj ect expenditures for which the City has made declarations. REIMBURSEMENT ALLOCATIONS. If the City is acting as the issuer of the reimbursement bonds, the designated City officials shall also be responsible for making the "reimbursement allocations" described in the Regulations, being generally written allocations that evidence the City's use of the applicable bond proceeds to reimburse the original expenditures. EFFECT. This Resolution shall amend and supplement all prior resolutions and/or procedures adopted by the City for compliance with the Regulations (or their predecessor versions), and, henceforth, in the event of any inconsistency, the provisions of this Resolution shall apply and govern. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF FEBRUARY, 2006. SCOTT J. LUND — MAYOR ATTEST: DEBRA A. SKOGEN — CITY CLERK EXHIBIT A Declaration of Official Intent The undersigned being duly appointed and acting Finance Director of the City of Fridley, Minnesota ("the City"), pursuant to and for purposes of compliance with Treasury Regulations, Section 1.150-2 (the "Regulations"), under the Internal Revenue Code of 1986, as amended, hereby states and certifies on behalf of the City as follows: The undersigned has been and is on the date hereof duly authorized by the City Council of the City to make and execute this Declaration of Official Intent (the "Declaration") for and on behalf of the City. This Declaration relates to the following project, property or program (the "project") and the costs thereof to be financed: 2006 STREET RECONSTRUCTION PROGRAM The City reasonably expects to reimburse itself for the payment of certain costs of the Proj ect out of the proceeds of a bond issue or similar borrowing (the `Bonds") to be issued after the date of payment of such costs. As of the date hereof, the City reasonably expects that $1,500,000 is the maximum principal amount of the Bonds which will be issued to finance the Project. Each expenditure to be reimbursed from the Bonds is or will be a capital expenditure or a cost of issuance, or any of the other types of expenditures described in Section 1.1502(d)(3) of the Regulations. AS of the date hereof, the statements and expectations contained in the Declaration are believed to be reasonable and accurate. Date: , 2006 Richard D. Pribyl — Finance Director City of Fridley � AGENDA ITEM COUNCIL MEETING OF FEBRUARY 27, 2006 CffY OF FRIDLEI' CLAIMS 125534 - 125686 � � CffY QF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF FEBRUARY 27, 2006 LICENSES Tvpe of License HOTEL / MOTEL Rlxmann-Fridley LLC DBA Livinn Suites 5201 Central Av NE Fridley, MN 55432 Budget Host Inn 6881 Hwy 65 N E Fridley, MN 55432 TREE SERV/CE Central Minnesota Tree 144 NE Satellite Ln Fridley, MN 55432 REFUSE HA ULER Boone Trucking 1516 Marshall St NE Minneapolis, MN 55413 Keith Krupenny & Son 1214 Hall Av. W St. Paul, MN 55118 Allied Waste Services 8661 Rendova St NE Circle Pines, MN 55014 � Approved Bv Kiley Like Public Safety Director Fire Inspector Community Development Divyesh Bhaktu James Savre Public Safety Director Fire Inspector Community Development Public Works Director Darl Boone Public Safety Director Community Development City Clerk Keith Krupenny Jerome Meyer FOOD ESTABL/SHMENT Seoul Foods Kyung Ahn 1071 E Moore Lake Dr. Fridley, MN 55432 Hong Kong Kitchen Karen Kwan 6562 University Av NE Fridley, MN 55432 << << << << << << Public Safety Director Fire Inspector Community Development << << << Tvpe of License LICENSES (CONTINUED) � Approved Bv FOOD ESTABL/SHMENT (CONT.) Ben Thanh Oriental Grocery Jennifer Nguyen 6566 University Av NE Fridley, MN 55432 McDonald's Mark Wheeldon 8100 University Av NE Fridley, MN 55432 McDonald's Mark Wheeldon 244 57t" Av N E Fridley, MN 55432 Godfather's Pizza John Tidd 7910 University Av NE Fridley, MN 55432 Fridley Alana Society Manuel Arechigh 5925 University Av NE Fridley, MN 55432 Fridley DQ Brazier Kraus Foods, Inc. 225 Osborne Rd NE Fridley, MN 55432 Quizno's Subs Hiep Pho 7610 University Av NE Fridley, MN 55432 Bob's Produce Robert Schroer 7620 University Av NE Fridley, MN 55432 FOOD / TOBACCO Wal-Mart Store #1952 Pauline Lassiter 8450 University Av NE Fridley, MN 55432 FOOD, TOBACCO, RETA/L GAS SALES University Holiday Market Andesa Drake 7295 University Av NE Fridley, MN 55432 << << << << << << Public Safety Director Fire Inspector Community Development << << << << << << << << << << << << << << << << << << << << << Tvpe of License TOBACCO SALES Adam Tobacco (Formerly A&A Tobacco) 6548 University Av NE Fridley, MN 55432 Bona Bros Food & Fuel 5311 University Av NE Fridley, MN 55432 LICENSES (CONTINUED) � Tarek Hassan Brian Bona GASOL/NE / PR/VA TE PUMP Determan Brownie, Inc. Gary Quam 1241 72nd Av N E Fridley, MN 55432 MOTOR VEH/CLE REPA/R Friendly Chevrolet, Inc. Roger Moody 7501 Hwy 65 N E Fridley, MN 55432 JUNK YARD A-Abco Fridley Auto Parts 7300 Old Central Av Fridley, MN 55432 Derek Haluptzok TEMPOR.4RY FOOD SALES Fridley Historical Center Sue Meyers 611 Mississippi St NE Fridley, MN 55432 49'ER DA YS — MUS/C FEST/VAL Fridley 49'er Days Festival Peter Borman 6431 University Av NE Fridley, MN 55432 Approved Bv Public Safety Director Fire Inspector Community Development m Public Safety Director Fire Inspector Community Development Public Safety Director Fire Inspector Community Development m Public Safety Director Fire Inspector Community Development Public Safety Director LICENSES (CONTINUED) Tvpe of License � Approved Bv MASSEUR / MASSEUSE CERT/F/CA TE Michael Hackett 8550 Magnolia Tr #310 Eden Prairie, MN 55344 (Northwest Athletic Club) Andrea Nordlund 345 Crosstown Blvd. Ham Lake, MN 55304 (Ron's Barber & Stylist) Public Safety Director � AGENDA ITEM CITY COUNCIL MEETING OF �" �F FEBRUARY 27, 2006 FRIDLEI' Contractor T e A licant A roved B Crearive Signs Inc Si n Vern Hendrickson Ron Julkowski North Country Air Inc Heating Kyle Bergman Ron Julkowski Ra N Welter Heatin Com an Heatin Ra Welter Ron Julkowski RPZ Services Heatin Michael Westman Ron Julkowski Sylvander Heating Inc Heating Dan Roth Ron Julkowski Westair Inc Heating/Gas Lisa Lynch Ron Julkowski � AGENDA ITEM CITY COUNCIL MEETING OF FEBRUARY 27, 2006 � °F ESTI MATES FRIDLEI' Shank Constructors, Inc. 3501 — 85th Avenue North Brooklyn Park, MN 55443 Commons Park Water Treatment Plant Upgrade Proj ect No. 3 57 Estimate No. 4 ....................................................................................... $48,736.50 � � CffY OF FRIQLEY To: From Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF FEBRUARY 27, 2006 William W. Burns, City Manager Richard D. Pribyl, Finance Director Debra A. Skogen, City Clerk February 1, 2006 Public Hearing on an Ordinance Amending Chapter 4 of the Fridley City Charter Pertaining to Appointment of Election Judges When appointing election judges for the November 2005 special election, Councilmember Bolkcom asked whether or not an election judge could be appointed because they did not live in the City. This discussion brought into question how election judges are appointed. In reviewing the City Charter and state law, it appears the Charter tends to be too restrictive in relation to the appointment of Election Judges. The City Charter states that election judges must be a registered voter and be appointed from and work in their own precinct. Minnesota state law requires that eligible voters may serve as election judges in any precinct in the state, that election judges who are related cannot work in the same precinct, that an election judge must declare which major party they are affiliated with, and that no precinct can have more than 50% of election judges from one major party. This issue was forwarded to the Charter Commission for their discussion and recommendation. While the Charter can be more restrictive than state law, the state law would override the Charter in some instances. For example, relatives would have to be appointed to work in different precincts as they cannot work together; or you may need to fulfill the party requirement by bringing someone from outside of the precinct. The Charter Commission discussed whether to amend the Charter by removing all of the language and referring the appointment of election judges to state statute or to amend the language and continue to be slightly more restrictive. The Charter Commission directed staff to prepare a report to the City Council recommending an amendment to Chapter 4 of the Charter by ordinance. This amendment would remove the stipulation that election judges be appointed to their own precinct and would remove the stipulation that only registered voters could serve as an election judge by amending the language registered voter to eligible voters for the majority of the election judges, but kept the restrictive language requiring the head judges to be registered voters. An amendment to the Charter does require a public hearing. At this time, staff recommends holding the public hearing regarding this modification. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 4 OF THE FRIDLEY CITY CHARTER PERTAINING TO APPOINTMENT OF ELECTION JUDGES The Fridley Charter Commission and the Fridley City Council of the City of Fridley hereby finds, after review, examination and recommendation of staff, that the Fridley City Charter be hereby amended as follows: Fridley City Charter Chapter 4— Nominations and Elections Section 4.05 Judges of Election The Council shall at least twenty-five (25) days before each municipal election appoint two (2) el�ible ��e�e� voters for each voting precinct to be election judges ^� °'°�*� ��° *'�°r°�� and one (1) registered voter ^�*'�° °�m° rr°��r�* to be the head election judge; or as many election 'uLdges �� as may be determined by the Council. No person signing or circulating a petition of nomination of candidate for election to office, or any member of a committee petitioning for a referendum or recall, shall be eligible to serve as a judge of such election. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 200 . SCOTT J. LUND, MAYOR ATTEST: DEBRA A. SKOGEN, CITY CLERK Public Hearing: First Reading: Second Reading: Published: CHARTER COMMISSION MEETING OF NOVEMBER 28, 2005 PAGE 3 6. APPOINTMENT OF ELECTION JUDGES Ms. Skogen briefly addressed the memo prepared for the Commission referencing Councilmember Bolkcom's question about who can serve as an election judge. At the last meeting the Commissioner's requested an ordinance be drafted amending the Charter allowing eligible voters, rather than registered voters to serve as election judges and that the language requiring them to serve in their precinct be discontinued due to the requirements the state law has in appointing election judges. Commissioner Reynolds said she had researched 4 other communities regarding this language and found that 3 of the 4 refer to as otherwise provided in this chapter, the general laws of the state of Minnesota shall apply rather than having language appointing election judges in their charter. Ms. Skogen said that the charter was adopted in 1957 and when voters came to the precincts to vote, back in those days, each voter had a little 3x5 card they would sign when they voted and we did not have same day registration. She did not think that the charter had been changed since that time, but state law had been changed quite a bit. Commissioner Reynolds said she just wanted to know what other communities required and thought it was a good idea to make something a little less restrictive. She also provided an election judge application to Ms. Skogen from the City of Hastings that she found on the web site. She said she could not find a similar form on our web page. Ms. Skogen said she has a similar application that is mailed to a list of individuals who have served as election judges in the past the spring of each even year and that individuals who are interested in serving are also added to this list. Commissioner Van Dan expressed her interest in changing state law regarding the additional qualifications of being appointed an election judges so as not to disenfranchise voters. Commissioner Soule said the appointing authority should have some ability to decide who is able to perform the duties of being an election judge. Commissioner Borman agreed. There was further discussion on this issue and it was determined Commission Van Dan would proceed on her own as to changing state law. Commissioner Van Dan moved to table this item. The motion failed due to the lack of a second. Commissioner Findell MOVED and Commissioner Hoiby seconded a motion to recommend to the city council an ordinance amending the City Charter pertaining to the appointment of election judges. UPON A VOICE VOTE BE1NG TAKEN, THE MOTION PASSED 7 TO 1, COMMISSIONER VAN DAN ABSTAINING. City of Fridley Public Hearing Notice Before the City Council Amendment to City Charter (Legal Publication) Notice is hereby given that there will be a public hearing of the Fridley City Council at the Fridley Municipal Center, 6431 University Avenue NE on Monday, February 27, 2006 at 730 p.m. for the purpose of conducting a public hearing on the following amendment to the City Charter: ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 4 OF THE FRIDLEY CITY CHARTER PERTAINING TO APPOINTMENT OF ELECTION JUDGES The Fridley Charter Commission and the Fridley City Council of the City of Fridley hereby finds, after review, examination and recommendation of staff, that the Fridley City Charter be hereby amended as follows: Fridley City Charter Chapter 4— Nominations and Elections Section 4.05 Judges of Election The Council shall at least twenty-five (25) days before each municipal election appoint two (2) el�ible ��e�e� voters for each voting precinct to be election judges ^� °�� � and one (1) registered voter ^�*'�° °�m° rr°��r�* to be the head election judge; or as many election judges �� as may be determined by the Council. No person signing or circulating a petition of nomination of candidate for election to office, or any member of a committee petitioning for a referendum or recall, shall be eligible to serve as a judge of such election. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 2006. Any persons desiring to be heard shall be given an opportunity at the above stated time and place. Any questions related to this item may be referred to Deb Skogen, City Clerk at 763- 572-3 523 . Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 no later than Wednesday, February 22, 2006. The TDD number is 763-572-3534. /s/ Debra A. Skogen, City Clerk Published in the Fridley Focus News February 16 and 23, 2006 � � CffY OF FRIDLEY Date To: AGENDA ITEM CITY COUNCIL MEETING OF FEBRUARY 27, 2006 February 22, 2006 Wlliam Burns, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Coordinator Stacy Stromberg, Planner Subject: Master Plan Amendment, MP #06-01, Medtronic Inc. M-06-31 INTRODUCTION Tarra Krejce, who is representing Medtronic Inc., is seeking an addendum to their World Headquarters Master Plan to allow the installation of a billboard type sign. Medtronic is proposing to install a 14 ft. by 48 ft. (672 square feet) community service sign, which will display Medtronic's commitment to the community on the southwest side of the property, located south of the existing parking lot east of the daycare center. This request is coming before us because the S-2 Redevelopment District requires that the Planning Commission and City Council approve any additions or modifications to the Master Plan or site plan for each project within the redevelopment district. Because the sign is not included in the master plan for the project, Medtronic is required to submit plans for review and approval. It should be noted that this is considered an addendum (addition, supplement) to Medtronic's Master Plan. This request is in no way replacing Phase 2 and Phase 3 of the original master plan approved on April 26, 1999. In fact, the petitioner has stated that this sign is considered temporary and will be taken down when Phase 2 and Phase 3 are constructed. Although the petitioner has stated that this billboard sign is only temporary until Phase 2 and Phase 3 are to be completed, it is in staff's experience that temporary type uses are rarely temporary. The proposed sign location is in direct conflict with the future building planned for Phase 3. It is also a concern to staff that the extreme cost of a sign of this stature will hinder the petitioner from wanting to remove it in the future, and therefore it may comprise the construction of Phase 3 and possibly Phase 2. PLANNING STAFF RECOMMNEDATION City Staff recommends denial of the addendum to the Master Plan to allow a temporary billboard sign on the property. If the proposed sign were to be placed in a location not in conflict with already approved site plans, staff's recommendation would be for approval. PLANNING COMMISSION RECOMMENDATION At the February 15, 2006, Planning Commission meeting, a public hearing was held for MP #06- 01. After a brief discussion, the Planning Commission recommended approval of MP #06-01, with the stipulations as presented and an addition of stipulation 7. THE MOTION CARRIED BY A 5 TO 1 VOTE. The additional stipulation relates to Medtronic entering into an agreement with the City of Fridley to remove the billboard upon construction of Phase 2 and Phase 3. Instead of preparing a document between the City and the petitioner, staff has decided that it would be more efficient to make that requirement an added stipulation, which states, "Priorto issuance ofa building permit for Phase 2, the petitioner shall remove the billboard, footings, and all structures related to the billboard." STIPULATIONS If the City Council chooses to concur with the recommendation of the Planning Commission, staff would recommend that the following stipulations be attached: 1. Petitioner shall obtain all necessary permits prior to installation of proposed sign. 2. Petitioner to provide a to-scale site plan depicting the size, location and setback of the proposed sign prior to issuance of a sign permit. 3. The Petitioner shall provide detailed scaled plans of.� the sign, sign structure, sign footings, sign utility plan, structural engineering, and sign lighting, prior to plan review for sign permit. 4. Petitioner shall meet all code requirements for billboard signs, recognizing the exception of 214.12. 7. G. 5. Petitioner shall provide a description and illustration of proposed materials to be used for the base of the billboard sign, to be approved by staff prior to issuance of a sign permit for the proposed sign. 6. The petitioner shall obtain a special use permit for the proposed billboard sign if any portion of the sign is an electronic readerboard sign. 7. Prior to issuance of a building permit for Phase 2, the petitioner shall remove billboard, footings, and all structures related to the billboard. City of Fridley Land Use Application M P#06-01 February 15, 2006 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Medtronic Inc. Tarra Krejce 3850 Victoria Street Shoreview, MN 55126 Requested Action: Master Plan Amendment to allow a billboard sign in an S-2, Redevelopment District Existing Zoning: S-2 (Redevelopment District) Location: 710 Medtronic Parkway Size: 36.4 acres Existing Land Use: Medtronic Corporate Headquarters Surrounding Land Use & Zoning: N: Single Family & R-1 E: Corporate Hqtrs & S-2 S: Interstate 694 & ROW W: Multiple Family & R-3 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: The S-2 District requires that all projects proposed in the district receive "project plan approval". The billboard sign is also a change in the approved Master Plan. Zoning History: Lots platted in 1999. All buildings were constructed in 2000- 2001. Legal Description of Property: Lots 1 and 1A, Block 1, Fridley Executive Center 2nd Addition Outlot A& Outlot B, Fridley Executive Center, 2nd Addition. Public Utilities: Property is connected. Transportation: The property receives access from Medtronic Parkway. Physical Characteristics: Buildings, parking facilities, landscaped areas and graded area reserved for Phase 2 and 3. SUMMARY OF PROJECT Tarra Krejce, who is representing Medtronic Inc., is seeking an amendment to their World Headquarters Master Plan to allow the installation of a billboard type sign. Medtronic is proposing to install a 14 ft. by 48 ft. (672 square feet) community service sign, which will display Medtronic's commitment to the community on the southwest side of the property, located approximately south of the existing (temporary) parking lot east of the daycare center. SUMMARY OF ANALYSIS City Staff recommends denial of the Master Plan Amendment. ■ Sign location is in direct conflict with the master plan and building planned for Phase 3. CITY COUNCIL ACTION/60 DAY DATE City Council — February 27, 2006 60 Day Date — March 13, 2006 Staff Report Prepared by: Stacy Stromberg MP #06-01 REQUEST Tarra Krejce, who is representing Medtronic Inc., is seeking an addendum to their World Headquarters Master Plan to allow the installation of a billboard type sign. Medtronic is proposing to install a 14 ft. by 48 ft. (672 square feet) community service sign, which will display Medtronic's commitment to the community on the southwest side of the property, located south of the existing parking lot east of the daycare center. This request is coming before us because the S-2 Redevelopment District requires that the Planning Commission and City Council approved any additions or modifications to the "master plan" or site plan for each project within the redevelopment district. Because the master plan is requesting to be supplemented, Medtronic is required to submit plans for review and approval. It should be noted that this is considered an addendum (addition, supplement) to Medtronic's Master Plan. This request is in no way replacing Phase 2 and Phase 3 of the original master plan approved on April 26, 1999. In fact, the petitioner has stated that this sign is considered temporary and will be taken down when Phase 2 and Phase 3 are constructed. Star signifies approximate location of proposed sign HISTORY The City Council approved the Master Plan for the Medtronic World Headquarters on April 26, 1999. The Master Plan approved the construction of up to 1,600,000 square feet of corporate facilities and three parking ramps. The first phase consists of approximately 500,000 square feet and has been completed. Phase one consists of six buildings, including a research building, education building, corporate headquarters building, neurological building, a campus commons building, and a central plant facility. A 1,000 car parking ramp is also located on the property. In 2000, the City Council granted Medtronic an amendment to their Master Plan to allow an 11,270 square feet free-standing daycare center in the northwest corner of the subject property. A drop off area and a 34 stall parking lot was also proposed to be constructed to serve the facility. That amendment did not subtract from the anticipated placement of the phase 2 and phase 3 portions of the development. Instead, it was in addition to the already planned campus. In 2001, a temporary, 282 stall parking lot was constructed (as an expansion of the 34 stall daycare lot) on the east side of the daycare center. The lot is considered temporary because it would need to be removed in order for Phase 2 and Phase 3 to be completed. This parking lot was constructed as a result of parking problems Medtronic was experiencing during special corporate events held at the World Headquarters' Campus, that aren't experienced on a daily basis. Without the full build-out of the additional parking ramps, this was viewed as the best solution to bridge the parking gap, without permanently changing the master plan layout. ANALYSIS As stated above, this request is considered an addendum to the petitioner's master plan and is in no way, replacing Phase 2 or Phase 3 of the original master plan for this development. Although the petitioner has stated that this billboard sign is only temporary until Phase 2 and Phase 3 are to be completed, it is in staff's experience that temporary type uses are rarely temporary. The proposed sign location is in direct conflict with the future building planned for Phase 3. It is also a concern to staff that the extreme cost of a sign of this stature will hinder the petitioner from wanting to remove it in the future, and therefore it may comprise the construction of Phase 3 and possibly Phase 2. Fridley's Sign Code states that in order for a billboard to be constructed, several requirements need to be met. The following is a list of the code requirements and the answers provided by the petitioner as to how those requirements are or will be met. A. Billboards shall be restricted to property adjoining the right of ways of Interstate Highway #694, Trunk Highway #47, Trunk Highway #65 and East River Road south of Interstate Highway #694. ■ Interstate 694 B. The maximum height is twenty-five (25) feet above the finished ground grade, unless the sign is intended to be viewed from a highway, then the twenty-five (25) foot maximum height shall be computed from the centerline of the traveled highway, but in no case shall the vertical distance between the bottom of the sign and the ground be reduced to less than ten (10) feet. ■ The sign that we are proposing is intended to be seen from the highway. We will work with the existing grades and the elevation of 694 to comply with the City Code. C. The maximum sign area is three hundred (300) square feet per facing not to exceed two (2) facings when erected on East River Road south of Interstate Highway #694, on Trunk Highway #47 and on Trunk Highway #65; and 750 square feet per facing not to exceed two (2) facings when erected on Interstate Highway, #694. Double faced signs shall be attached back to back at a horizontal angle not to exceed forty-five (45) degrees. ■ The proposed sign faces are approximately 14' tall by 48' long (672 square feet). D. The minimum distance between billboard signs is 1000 feet when erected on the same side of the highway. ■ There are no existing billboard signs in the vicinity of our proposed location on the same side of the highway. There is a billboard on the south side that is approximately over one thousand (1, 000) feet away. E. The minimum setback from the highway right of way is thirty (30) feet. ■ We are proposing a setback of approximately one hundred (100) feet from our south property line, as per the attached drawing. F. The minimum distance is 500 feet from a billboard sign to the intersection of any street or ramp where traffic crosses or merges at the same elevation. The distance is determined by measuring from the intersection of the street and highway centerlines and the sign. ■ We are six hundred fifty (650) feet from the intersection of Medtronic Parkway and 7�`' Street. G. The minimum distance to a residential and public district is 500 feet. ■ The proposed sign is five hundred (500) feet to the residential district to the west and six hundred (600) feet to the residential district to the north. H. The sign structure shall be all metal and be either painted or treated to prevent deterioration. Lack of proper maintenance shall be cause for revocation of the sign permit. ■ Sign will be constructed of painted metal to prevent rust and deterioration. We are a/so proposing to clad the sign base in a decorative material in keeping with the aesthetics of our existing buildings. I. The minimum distance to a railroad crossing is 350 feet when there are lights and a gate, and 500 feet from a railroad crossing without lights and/or a gate. ■ N/,4 J. Any lighting will be shielded to not impair the vision of any motor vehicle operator or to create a nuisance on adjoining property. ■ We will be sure to use a shielded light �xture that conforms to the City Code and MN/DOT requirements. We will submit full shop drawings and cut sheets of the sign and lighting to the City for approval before proceeding with any work. Although the petitioner has answered the above questions and plans to meet the code requirements related to billboard signs, exact drawings of the proposed sign weren't submitted. If this master plan addendum is approved, an exact site plan and proposal for the sign will need to be submitted prior to issuance of a permit to ensure that all code requirements are being met. RECOMMENDATION City Staff recommends denial of the addendum to the Master Plan to allow a temporary billboard sign on the property. ■ Sign location is in direct conflict with the master plan and building planned for Phase 3. ■ As positioned currently the sign would (at minimum) potentially delay the placement of buildings on this campus until the sign has had time to serve some purpose and its costs to be somewhat amortized. ■ The City and Medtronic have a structured arrangement that expanded a tax increment district to realize the full benefit of the increment to be generated by the development. The increment generated is predicated on development of the land. The master plan approved included 3 phases. Only the first phase has been built. A sign that inhibits that development directly conflicts with the purpose of having the State Legislature, County, School District, and City expand the duration of district. If proposed sign were to be placed in a location not conflict with already approved site plans the recommendation would be for approval. STIPULATIONS Staff recommends that if the master plan addendum is granted, the following stipulations be attached. 1. Petitioner shall obtain all necessary permits prior to installation of proposed sign. 2. Petitioner to provide a to-scale site plan depicting the size, location and setback of the proposed sign prior to issuance of a sign permit. 3. The Petitioner shall provide detailed scaled plans of.� the sign, sign structure, sign footings, sign utility plan, structural engineering, and sign lighting, prior to plan review for sign permit. 4. Petitioner shall meet all code requirements for billboard signs, recognizing the exception of 214.12. 7. G. 5. Petitioner shall provide a description and illustration of proposed materials to be used for the base of the billboard sign, to be approved by staff prior to issuance of a sign permit for the proposed sign. 6. The petitioner shall obtain a special use permit for the proposed billboard sign if any portion of the sign is an electronic readerboard sign. 7. Prior to issuance of a building permit for Phase 2, the petitioner shall remove billboard, footages, and all structures related to the billboard. � � AGENDA ITEM ��F CITY COUNCIL MEETING OF FEBRUARY 27, 2006 FRIDLEI' INFORMAL STATUS REPORTS