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12/19/1988 - 5045�� c-c �. ��, v� ��. � ., �� i'c�, - ��S DECEMBER 19, 1988 - 7:30 P.M. The followinq are the ��ACTIONS TAREN�� by the administration for your information. PRESENTATiON: Jolene Hart and Cub Scout Pack #131 Attended meeting Tim Yantos--Light Rail Transit Presentation on Behalf of Anoka County Light Rail Transit System Presented Steve Schlichting--All Parks Alliance for Change (APAC) Added as item 1A APPROVAL OF MINUTES: Council Meeting, November 21, 1988 Approved ADOPTION OF AGENDA: APAC Resolution added as first item of new business OPEN FORUM. VISITORS: No response PIIBLIC HEARING: Public Hearing on a Final Plat, P.S. #88-01, to Create Tracts A, B, C and D From the Existing Legal Description, Generally Located South of 73rd Avenue, East of Central Avenue, North of 69th Avenue and West of Stinson Boulevard, by Onan Corporation Opened at 8:22 p.m. Closed at 8:32 p.m. and Consideration of a Resolution Approving a Registered Land Survey for Onan Corporation P.S. #88-01 to Create Tracts A,B, C, and D From Existing Legal Description . . . . . . . . . . . Resolution 111-1988 adopted COMMUNITY DEVELOPMENT--ACTION TAREN: Council approval. . . . . . 1 - 1 P Notified petitioner of Council Meetinq, December 19, 1988 NE�P BIISINSSB: Paqe 2 Presentation by Steve Schlichting, All Parks Alliance For Change and Resolution No. 110-1988 in Support of a Bill Which Would Give Manufactured Home Park Residents the First Right to Purchase Their Park ........ lA Received Petition & Resolution No. 110-1988 adopted CITY MANAGER --ACTION TAREN: Proceeded as authorized. City Attorney to research State Statute 327C Receiving the December 7, 1988 Planning Commission Minutes . . . . . . . . . . . . . . . 2 - 2 DD Received A. Consideration of a Prelminary Plat and Setting a Public Hearing for P.S. #88-02, Northco, Being a Replat of Tracts A and B, Registered Land Survey No. 6, and Tract B, Registered Land Survey No. 78, Generally Located at 500 73rd Avenue N.E., by Fridley Business Center Partnership PLANNING COMMISSION RECOMMENDATION: Approval with Stipulations CITY COUNCIL ACTION NEEDED: Set Public Hearing for January 9, 1989 Set public hearing for 1/9/89 COMMUNITY DEVELOPMENT--ACTION TAREN: Proceeded with setting Public Hearing for January 9, 1989 Consideration of a Variance, VAR #88-26, to Reduce the Front Yard Setback from a Street Right of Way Abutting a Residential Street from 100 Feet to 47.9 Feet to Al1ow the Construction of an Addition to the Existing Building, 6536 Main Street N.E., byStylmark . . . . . . . . . . . . . . . . . . . 3 - 3 M Approved with stipulations COMMUNITY DEVELOPMENT--ACTION TAREN: Informed applicant of Council approval with stipulations . ' Council Meetinq, December 19, 1988 NEW BOSINESS (CONTINIIED): Paqe 3 Consideration of Approving a Contract with Health Planning and Management Resources, Inc. for Senior Housing Study and Survey . . . . . . . . . . . . . . . . 4 - 4 B Approved COMMIINITY DEVELOPMENT--ACTION TAREN: Informed appropriate parties of Council approval Consideration of an Extension of Street Vacation Agreement with Target Warehouse .... 5- 5 B Approved COMMIINITY DEVELOPMENT--ACTION TAREN: Informed appropriate party of Council approval Consideration of a Lease Agreement with Recycle Minnesota Resources for 71st Avenue and University Avenue . . . . . . . . . . . . . . . . . . . . . 6 - 6 D Approved COMMIINITY DEVELOPMENT--ACTION TAREN: Informed appropriate party of Council approval Consideration of a Resolution Authorizing the Execution of the Declaration of Trust of the I.C.M.A. Retirement Trust ........ 7- 7 D Resolution 112-1988 adopted CENTRAL BERVICE--ACTION TAREN: Proceeded as authorized Council Meetinq, December 19, 1988 NEW BOSINE88 (CONTINIIED): Paqe 4 Consideration of a Resolution Authorizing the Transfer of $2,000 From the Emergency Reserve to the Finance Department ........ 8- 8 A Resolution 113-1988 adopted CENTRAL SERVICE--ACTION TAREN: Proceeded as authorized Consideration of a Resolution Approving the Condemnation of Lot 2, Block 1, Aus Addition, for Development and Use as a Satellite Fire Station ......... 9- 9 B Resolution 114-1988 adopted FIRE DEPARTMENT--ACTION TAREN: Proceeded as authorized Consideration of Change Order No. 6 for Landscaping, Irrigation and Lighting Proj ect No . 168 . . . . . . . . . . . . . . . . . 10 - 10 F Approved Change Order for $14,950 PIIBLIC WORRS--ACTION TAREN: Proceeded as authorized Receiving Bids and Awarding the Contract for Four-wheel Drive Articulated Rubber- tired Tractor Loader . . . . . . . . . . . . . . 11 Received and awarded to low bidder Case Power Equipment for $64,591 and transfer $4,091 from Capital Improvement Fund PIIBLIC WORRS--ACTION TAREN: Informed low bidder of Council approval and proceeded as authorized Receiving Bids and Awarding the Contract for Street Sweeper .. .. . . . . . . . . . . . . 12 Received and awarded to low bidder McQueen Equipment for $49,325 and transfer $7,325 from Capital Improvement Fund PUBLIC WORRS--ACTION TAREN: Informed low bidder of Council approval and proceeded as authorized , R Council Meetinq, December 19, 1988 NEW BUSINESS (CONTINLTED): Paqe 5 Consideration of a Resolution Ordering Improvement and Advertisement for Bids for the Repair and Maintenance of Wells No. 6, 8, and 11, Project No. 186 ........ 13 - 13 D Resolution 115-1988 adopted PUBLIC WORRS--ACTION TAREN: Proceeded as authorized Consideration of a Resolution of Affirmative Action in Employment . . . . . . . . 14 - 14 B Resolution 116-1988 adopted CITY MANAGER--ACTION TAREN: Proceeding as authorized Consideration of First Reading of an Ordinance Recodifying the Fridley City Code, Chapter 3, Entitled "Personnel" by Adding Section 3.12, Employee Apppreciation . . . . . . . . . . 15 - 15 A Approved CITY MANAGER--ACTION TAREN: Have put item on next agenda for consideration of Second Reading Consideration of a Resolution Authorizing Additional Pay Rates Within the Maintenance I Classification for Public Works Maintenance Employees . . . . . . . . . . . . . . . . . . . . 16 - 16 F Resolution 117-1988 adopted CITY MANA(3ER--ACTION TAREN: Proceeded as authorized � : Council Meetinq, December 19, 1988 NEW BIISIN888 (CONTINUED): Paqe 6 Consideration of Approval of Employment Contracts and Contract for Services for 1989 . . . . . . . . . . . . . . . . . . . . . . 17 - 17 K Approved CITY MANAQER--ACTION TAREN: Proceeded as authorized Appointments: City Employees . . . . . . . . . . 18 Approved CITY MANAGER--ACTION TAREN: Informed Accounting of new employees 0 Consideration of Receiving Minutes of the CATV Advisory Commission Meeting of November 17, 1988 . . . . . . . . . . . . . . . . 19 - 19 D Received COMMUNITY DEVELOPMENT--ACTION TAREN: Filed for future reference Consideration of Receiving Minutes of the Charter Commission Meeting of October 24, 1988 . . . . . . . . . . . . . . . . 20 - 20 E Received COMMIINITY DEVELOPMENT--ACTION TAREN: Filed for future reference Claims . . . . . . . . . . . . . . . . . . . . . 21 Approved CENTRAL SERVICE--ACTION TARBN: Paid claims Licenses . . . . . . . . . . . . . . . . . . . . 22 - 22 A Approved CENTRAL SERVICE--ACTION TAREN: Issued Licenses Estimates . . . . . . . . . . . . . . . . . . . . 23 - 23 F Approved CENTRZl� SBRVICE--ACTION TAREN: Paid estimates Adjourn: 9:52 p.m. Council Meetinq, December 19, 1988 PIIBLIC HEARING: Public Hearing on a Final Plat, P.S. #88-01, to Create Tracts A, B, C and D From the Existing Legal Description, Generally Located South of 73rd Avenue, East of Cent�al Avenue, North of 69th Avenue and West of Stinson Boulevard, b�r Onan Corporation • and Consideration of a Resolution Approving a Registered Land Survey for Onan Corporation P.S. #88-01 to Create Tracts A,B, C, and D From Existing Legal Description . . . . . . . . . . . NEW BIISINESB: Paqe 2 . . . . . 1 - 1 P Receiving the December 7, 1988 Planning Commission Minutes . . . . . . . . . . . . . . . 2 - 2 DD A. Consideration of a Prelminary Plat and Setting a Public Hearing for P.S. #88-02, Northco, Being a Replat of Tracts A and B, Registered Land Survey No. 6, and Tract B, Registered Land Survey No. 78, Generally Located at 500 73rd Avenue N.E., by Fridley Business Center Partnership PLANNING COr'II�IISSION RECOMMENDATION: Approval with Stipulations CITY COUNCIL ACTION NEEDED: Set Public Hearing for January 9, 1989 Consideration of a Variance, VAR #88-26, to Reduce the Front Yard Setback from a Street Right of Way Abutting a Residential Street from 100 Feet to 47.9 Feet to Allow the Construction of an Addition to the Existing Building, 6536 Main Street N.E., by Stylmark . . . . . . . . . . . . . . . . . . . 3 - 3 M Council Meetinq, D�cember 19, 1988 NE11 BII8INS88 (CONTINIIED): Paqe 3 Consideration of Approving a Contract � with Health Planning and Management Resources, Inc. for Senior Housing Study and Survey . . . . . . . . . . . . . . . . 4 - 4 B � Consideration of an Extension of Street Vacation Agreement with Target Warehouse .... 5- 5 B Consideration of a Lease Agreement with Recycle Minnesota Resources for 71st Avenue and University Avenue . . . . . . . . . . . . . . . . . . . . . 6 - 6 D Consideration of a Resolution Authorizing the Execution of the Declaration of Trust of the I.C.M.A. Retirement Trust ........ 7- 7 D Council Keetinq, December i9, 1988 NBW BIISINE88 (COI�iTINIIBD) : Paqe 4 Consideration of a Resolution Authorizing � the Transfer of $2,000 From the Emergency Reserve to the Finance Department ........ 8- 8 A � Consideration of a Resolution Approving the Condemnation of Lot 2, Block l, Aus Addition, for Development and Use as a Satellite Fire Station ......... 9- 9 B Consideration of Change Order No. 6 for Landscaping, Irrigation and Lighting Proj ect No . 168 . . . . . . . . . . . . . . . . . 10 - 10 F Receiving Bids and Awarding the Contract for Four-wheel Drive Articulated Rubber- tired Tractor Loader . . . . . . . . . . . . . . 11 Receiving Bids and Awarding the Contract for Street Sweeper .. .. . . . . . . . . . . . . 12 Council Kastinq, Dscember 19, 1988 �TEW BIISINE88 (COI�ITINQED) : Paqe 5 Consideration of a Resolution Ordering � Improvement and Advertisement for Bids for the Repair and Maintenance of Wells No. 6, 8, and 11, Project No. 186 ........ 13 - 13 D � Consideration of a Resolution of Affinaative Action in Employment . . . . . . . . 14 - 14 B �. �' I �'� �Pu ci r n Consideration of an Ordinance Recodifying the Fridley City Code, Chapter 3, Entitled "Personnel" by Adding Section 3.12, Employee Apppreciation . . . . . . . . . . 15 - 15 A Consideration of a Resolution Authorizing Additional Pay Rates Within the Maintenance I Classification for Public Works Maintenance � Employees . . . . . . . . . . . . . . . . . . . . 16 - 16 F Council Keetinq, December i9, 1988 �T$11 HIISINE88 (CONTINQED) : Page 6 Consideration of Approval of Employment " Contracts and Contract for Services for 1989 . . . . . . . . . . . . . . . . . . . . . . 17 - 17 K Appointments: City Employees . . . . . . . . . . 18 Consideration of Receiving Minutes of the CATV Advisory Commission Meeting of November 17, 1988 . . . . . . . . . . . . . . . . 19 - 19 D Consideration of Receiving Minutes of the Charter Commission Meeting of October 24, 1988 ' . . . . . . . . . . . . . . . . 20 - 20 E Claims . . . . . . � . . . . . . . . . . . . . . . 21 Licenses . . . . . . . . . . . . . . . . . . . . 22 - 22 A Estimates . . . . . . . . . . . . . . . . . . . . 2 3 - 2 3 F Adjourn: THS MINUTES OF T8B R$GIILAR MBETING OF THE FRIDLEY C�TY COIINCIL OF NOVEMBER 21, 1988 The Regular Meeting of the Fridley City Council was called to order at 7:39 p.m. by Mayor Nee. �LEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL• MEMBERS PRESENT: Mayor Nee, Councilman Billings, Councilman Fitzpatrick, Councilman Schneider and Councilwoman Jorgenson MEMBERS ABSENT: None APPROVAL OF MINUTES: COUNCIL MEETING. NOVEMBER 7, 1988: MOTION by Councilman Fitzpatrick to approve the minutes as presented. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. SPECIAL COUNCIL MEETING, NOVEMBER 14, 1988: MOTION by Councilwoman Jorgenson to approve the minutes as presented. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilman Schneider to adopt the agenda as presented. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: There was no response from the audience under this item of business. ALL PARK'S ALLIANCE FOR CHANGE RE: MOBILE HOME PARKS: No one was present representing this organization. This item was tabled to December 19, 1988. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21. 1988 PAGE 2 NEW BUSINESS: 1. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF NOVEMBER 9. 1988• A. CONSIDERATION OF A PRELIMINARY PLAT AND SETTING A PUBLIC HEARING FOR P.S. #88-01, TO CREATE TRACTS A. B� C AND D FROM THE EXISTING LEGAL DESCRIPTION, GENERALLY LOCATED SOUTH OF 73RD AVENUE, EAST OF CENTRAL AVENUE, NORTH OF 69TH �VENUE AND WEST OF STINSON BOULEVARD, BY ONAN CORPORATION• Mr. Matt Hyde, attorney for Onan Corporation, stated he was present in case the Council had any questions. He stated this plat arises out of an environmental problem and that he tried the case in Anoka County in 1984. He stated Onan is trying to sort out the property tax evaluation issues and this plat serves a purpose in resolving these issues with the City, County, and State Pollution Control Agency. MOTION by Councilman Schneider to set the public hearing on this plat for December 19, 1988. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. B. RESOLUTION NO. 102-1988 APPROVING A LOT SPLIT. L.S. �88-06, TO SPLIT OUTLOT B INTO TWO SEPARATE PARCELS F'OR FUTURE COMBINATION TO ADJACENT PARCELS IN THE PLAT OF GREAT NORTHERN INDUSTRIAL CENTER GENERALLY LOCATED NORTH OF 53RD AVENUE EAST OF EAST RIVER �tOAD AND SOUTH OF I-694, BY WICKES COMPANIES: Ms. Barbara Dacy, Planning Coordinator, stated this is a request for a lot split for property located in the southeast corner of I- 694 and East River Road. She stated the proposal is to split Outlot B in the Great Northern Industrial Center into two separate parcels. She stated this outlot is now owned by Burlington Northern Railroad and Wickes wishes to purchase a portion of the outlot. Ms. Dacy stated the Planning Commission recommended approval of this lot split with the following stipulations: (1) Parcel B to be combined with Burlington Northern property to the south and a railroad easement be reserved over Parcel B in order to provide rail access to the properties north and south; (2) Wickes Companies, Inc. combine Parcel A with Lots 2- 5, Block 1, Great Northern Industrial Center; and (3) utility easements be reserved on Outlot B if needed. MOTION by Councilman Fitzpatrick to adopt Resolution No. 102-1988 with the following stipulations: (1) Parcel B to be combined with FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21. 1988 PAGE 3 Burlington Northern property to the south, and a railroad easement be reserved over Parcel B in order to provide rail ac�ess to the properties north and south; (2) Wickes Companies, Inc. combine Parcel A with Lots 2- 5, Block l, Great Northern Industrial Center; and (3) utility easements be reserved on Outlot 8 if needed. Seconded by Councilman Schneider. Councilman Billings asked if stipulation No. 3 was necessary and when it would be determined if utility easements are needed. Ms. Dacy stated the electrical and phone companies have been contacted and if utility easements are needed, they would be executed before this lot split is recorded. Councilman Billings asked if this procedure was acceptable. Mr. Newman, Assistant City Attorney, stated if the Council is uncomfortable with the wording of this stipulation, it could be changed to indicate utility easements will be reserved, if requested by any public utility. He stated staff is trying to protect the interests of the public utility companies. Councilman Billings stated he did not want the City to be put in the middle and become a party to something in the future. Councilman Schneider stated he did not feel it was the City's responsibility to protect the interests of the utility companies. Councilwoman Jorgenson asked when the utility companies were notified. Ms. Dacy stated about two weeks ago and, to date, she has not received a reply. MOTION by Councilman Schneider to amend the above motion by deleting Stipulation No. 3. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. MOTION by Councilman Billings to receive the minutes of the Planning Commission meeting of November 9, 1988. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 2. RESOLUTION NO. 103-1988 RE4UESTING THE STATE OF MINNESOTA TO �,STABLISH MP,NDATE REFORMS : AND ' RESOLUTION NO. 104-1988 REOUESTING THE STATE OF MINNESOTA PROVIDE FUNDING TO SUPPORT SOLID WASTE ABATEMENT ACTIVITIES SPONSORED BY LOCAL GOVERNMENTS: �'RIDLEY CITY COUNCIL MEETING OF NOVEMBER 21 1988 PAGE 4 MOTION by Councilman Schneider to adopt Resolution No. 103-1988. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously: MOTION by Councilman Billings to adopt Resolution No. 104-1988. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 3. CONSIDERATION OF CHANGE ORDERS 1& 2 FOR ADDITIONAL SECURITY �iT FRIDLEY PLAZA RAMP: Mr. Robertson, Community Development Director, stated at the September Housing and Redevelopment Authority meeting, there was concern that adequate security be provided at the Fridley Plaza Parking Ramp. He stated staff was directed to draw up additions to the plans. Mr. Robertson stated at the November Housing and Redevelopment Authority meeting, the HRA adopted a budget of $40,040 for possible future security measures. Mr. Robertson stated Change Order No. 1 is to provide seven poured concrete light pole bases in the amount of $700 and Change Order No. 2 is to add rough-in piping for future light poles, cameras, signs, and pull boxes for future security systems plus two light fixtures and one stair light in the amount of $8,275. MOTION by Councilman Bi�lings to authorize Change Orders No. 1 and 2 in the amounts of $700 and $8,275 for additional security in the Fridley Plaza Ramp. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mayor Nee questioned why the north side of the underground garage is open. Mr. Robertson stated, according to the Building Code, if it is enclosed, it would mean a mechanical ventilation system would need to be installed. He stated it was felt it would be easier to remove the snow than operating and maintaining the mechanical ventilation equipment. Councilman Schneider asked if this was discussed with the Hausing and Redevelopment Authority and Mr. Robertson stated it was not. 4. �ECEIVING BIDS AND AWARDING THE CONTRACT FOR WATER, SANITARY AND STORM SEWER PROJECT NO. 183: MOTION by Councilwoman Jorgenson to receive the following bids for Watar, Sanitary and Storm Sewer Project No. 183: Volk Sewer & Water 8909 Bass Creek Court Brooklyn Park, MN 55428 $34,093.00 FRIDLEY CITY COUNCIL ETING OF NOVEMBER 21 1988 PAGE 5 Glendale Contracting, Inc. 3030 Harbor Lane Plymouth, MN 55441 Old is Gold Construction 14424 Prairie Road Andover, NIId 55304 American Contracting 11661 Eagle St., N.W. Coon Rapids, rIIJ 55433 Burschville Construction, Inc. 11440 8th St., N.E. Hanover, MN 55341 Thomas Contracting 14855 Lake Drive Forest Lake, MN 55025 F.M. Frattalone Excavating & Grading 3066 Spruce Street St. Paul, MN 55117 O & P Contracting 10650 State Highway #152 Maple Grove, l�T 55369 Ro-So Contracting, Inc 7137 20th Avenue North Centerville, MN 55038 Bonine Excavating 12669 Meadowvale Road Elk River, MN 55330 36,971.00 37,049.50 37,712.55 39,362.00 45,703.00 45,864.00 48,403.00 53,177.00 56,364.58 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Flora, Public Works Director, stated bids were opened for this project on November 9. He stated Volk Sewer and Water was the low bidder in the amount of $34, 093, and would recommend the bid be awarded to them. Councilman Billings asked if this bid was within the engineer's estimate. Mr. Flora stated the estimate was between $35,000 to $40,000. MOTION by Councilwoman Jorgenson to award the bid for Water, Sanitary and Storm Sewer Project No. 183 to the low bidder, Volk Sewer and Water in the amount of $34,093. Seconded by Councilman FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 1988 PAGE 6 Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. _ 5. RECEIVING PETITION NO. 24-1988 RE4UESTING WATER FACILITIES BE EXTENDED TO SERVICE CERTAIN PROPERTIES: MOTION by Councilman Fitzpatrick to receive Petition No. 24-1988 for water lateral and services to be provided for Lots 11, 12 and 13, Block 1, Springbrook Park Second Addition. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Flora, Public Works Director, stated the City will be obtaining quotes to install the line this fall. 6. RESOLUTION N0. 105-1988 TO ADVERTISE FOR BIDS FOR ONE i1) 2.25 CUBIC YARD FOUR-WHEEL DRIVE ARTICULATED RUBBER-TIRED TRACTORfLOADER: Mr. Flora, Public Works Director, stated this equipment has been authorized in the 1989 budget and in order for it to be available for the 1989 construction season, it is requested the Council adopt this resolution to authorize advertising for bids. He stated it is hoped that the purchase can be made in early 1989. MOTION by Councilman Schneider to adopt Resolution No. 105-1988. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7. RESOLUTION NO. 106-1988 TO ADVERTISE FOR BIDS FOR ONE (1). REMANUFACTURED SELF-PROPELLED STREET SWEEPER: Mr. Flora, Public Works Director, stated this equipment has been authorized in the 2989 budget and in order for it to be available for the 1989 construction season, it is requested the Council adopt this resolution to authorize advertising for bids. He stated it is hoped that the purchase can be made in early 1989. MOTION by Councilman Schneider to adopt Resolution No. 106-1988. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 8. CONSIDERATION OF A PROPOSED CABLE TELEVISION AGREEMENT BETWEEN ACCW AND THE CITY FOR 1989: Mr. Hunt, Assistant to the City Manager, stated in this proposed agreement between the City and the Anoka County Communications Workshop (ACCW), a 50/50 split of the revenues from the franchise fee is being recommended. He stated the ACCW would receive half of the franchise fees for their operations and the other half would be used by the City for Channel 31 and the expenses of the Cable Television Commission. FRIDLEY ITY COUNCIL MEETING OF NOVEMBER 21 1988 PAGE 7 Mr. Hunt stated the estimated revenue has been updated due to an increase in the fees. He stated he probably has been a little more conservative in his estimates than what was estimated by the ACCW. Councilman Schneider wondered if, in the future, a fixed amount should be established rather than have it tied to the franchise fee. Mr. Paul Kaspszak, representing the ACCW, stated he felt the funds should probably come from the franchise fee. He stated it would be nice to have a fixed percentage, but he is trying to be realistic as changes may have to be made in the future due to the many changes in the cable industry. Councilman Schneider felt perhaps this should be viewed as another budget request and considered in the budgeting process where a certain amount is approved, as opposed to a percentage of an estimated revenue. Mr. Kaspszak stated he felt this decision would be at the Council's discretion. Mayor Nee felt the Council should probably be reviewing priorities and possibly not get locked into a rigid allocation of this revenue. Councilman Schneider felt perhaps this is the appraach that should be taken next year. He stated whatever the ACCW felt they would need would be requested and considered in the budgetary process. MOTION by Councilman Fitzpatrick to authorize the cable television agreement between the ACCW and the City for 1989 which provides the ACCW with 50$ of the franchise fee paid to the City by the cable company. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. RESOLUTION NO. 107-1988 AUTHORIZING AN INCREASE IN COMPENSATION FOR FRIDLEY CITY EMPIAYEES: MOTION by Councilman Schneider to adopt Resolution No. 107-1988. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. R�G�T�UTION NO 108-1988 APPROVING AN AGENT'S INSURANCE SERVICE AGREEMENT WITH T.C. FIELD AND COMPANY: Mr. Hunt, Assistant to the City Manager, stated for the past three years, the City has had an insurance service agreement with T.C. Field and Company. He stated this has proved to be a very beneficial arrangement for the City and would recommend it be renewed. Mr. Hunt stated T. C. Field and Company has agreed to _ -- FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21. 1988 PAGE 8 commit themselves to the same service agreement the City had for the last three years for an additional three years and at the same cost of $19,721 per year. Mr. Olson, Vice President of T. C. Field and Company, stated it has been a pleasure and privilege to serve the City of Fridley for the past three years. He stated they service ten other cities, but the support they receive from Fridley's staff has been outstanding. He stated whenever they request information, the response has been one of cooperatian and he felt they have an excellent rapport with the City staff. Mr. Olson stated the dividends received from the League's trust is due to the fine work of the City's staff. Mr. Olson stated their fee covers a total package of all costs including placement, loss analysis, and loss co�trol. He stated they are continually looking at other possibilities to place the City's insurance for the best possible coverage. MOTION by Councilman Billings to adopt Resolution No. 108-1988. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11. RESOLUTION NO. 109-1988 AGAINST APPROVAL OF THE PETITION FOR A CHARITABLE GAMBLING PERMIT BY MINNESOTA THERAPEUTIC CAMP NC.• . Mr. Newman, Assistant City Attorney, stated the City staff has been advised by the State of an application for a charitabZe gambling permit by the Minnesota Therapeutic Camp, Inc. in order to sell pull-tabs at Holiday Plus in Fridley. He stated the ordinance addresses the sale of pull-tabs at on-sale liquor establishments and this request would be outside the scope of the ordinance. Mr. Newman stated the Council, in the past, has received applications to a21ow pull-tabs in places other than on-sale liquor establishments and has denied such applications. Mr. Larry Hennig, Gambling Manager for the Minnesota Therapeutic Camp, Inc., stated the Holiday Stations has for the last three years been affiliated with their camp at Brainerd, Minnesota for mentally retarded of all ages. He stated the camp is operated year around and is free to all Minnesotans. He stated in order to raise funds they conduct golf, tennis, and trapshooting events. He stated they also raise funds through charitable gambling. Mr. Hennig stated Holiday Plus Stores wishes to help the camp and is offerir►g space in their store for a booth where pull-tabs could be sold. He stated when he filed the application for the permit, he was not advised about the regulation of pull-tabs only in on- sale liquor establishments. He stated he is requestinq a variance of this requirement in order to be allowed to sell the pull-tabs and assist their facility at Brainerd. FRIDLEY CITY COUNCIL MEETZNG OF NOVEMBER 21, 1988 PAGE 9 Mr. Newman stated staff does not have any problem with Mr. Hennig's organization who would benefit from the pull-tab sale, but with the intent of the ordinance. � Mayor Nee stated there is no question of the validity of his organization, but rather if the Council wants pull-tabs in every location in the City. Councilman Billings asked how many pull-tab operations Minnesota Therapeutic Camp, Inc. now operates. Mr. Hennig stated they operate in 19 locations. Councilman Billings asked if they are located in any other Holiday Plus Stores. Mr. Hennig stated this was going to be their flagship. Mr. Hennig felt people who do not frequent liquor establishments may want to purchase pull-tabs. He stated Holiday Stores is trying to help them in their cause by donating space for the pull-tab operation. Councilman Billings asked if the statute specifically states that the only place the City allows pull-tabs is in liquor establishments. Mr. Newman stated he was informed by staff that, in the past, these activities were restricted to on-sale liquor establishments. He stated the ordinance does not.specifically prohibit them in other uses. He stated he believes restricting this activity to on-sale liquor establishme�ts falls within the confines of the statute. He stated one of the key criteria is that the Council should be consistent in the enforcement of the ordinance. Councilwoman Jorgenson stated she believed it was the intent of the Council to have pull-tabs in liquor establishments where they would not be accessible to children. She stated there are many children who patronize the Holiday Plus Store. Councilman Schneider stated he is sure their organization is worthy and hoped Mr. Hennig did not think a negative vote is a reflection on the organization. Councilman Billings stated he would vote against this resolution, but wanted the Council members to know this vote against is not a vote in opening up the City to all out gambling. He stated by the recent actions of Minnesota voters, they are in favor of opening up gainbling in the State. He stated in his mind, it appears there is a very good chance the lottery will become a fact of life in the State and people will be qoing to grocery stores to purchase lottery tickets. Councilman Billings stated he would rather see the money go to an organization such as this rather than some foolhardy plan of the Governor's such as the chopstick factory FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 1988 PAGE 10 where no chopsticks have ever been shipped. MOTION by Councilwoman Jorgenson to adopt Resolution No. 109-1988. Seconded by Councilman Schneider. Councilman Schneider stated Councilman Billings makes a valid point, but he did feel a vote against this resolution is a vote to open up pull-tab operations in the City. He stated Council could not deny the next person a permit for a pull-tab operation if it was for another worthy cause, if this one was approved. Councilwoman Jorgenson asked Mr. Hennig if all their pull-tab operations were in grocery or liquor establishments. Mr. Hennig stated most were in liquor establishments. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, Councilwoman Jorgenson, Councilman Schneider, Councilman Fitzpatrick and Mayor Nee voted in favor of the motion. Councilman Billings voted against the motion. Mayor Nee declared the motion carried by a 4 to 1 vote. 12. CLAIMS• MOTION by Councilman Schneider to authorize payment of Claims No. 23376 through 23626. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13. LICENSES• MOTION by Councilman Billings to approve the licenses as submitted and as�on file in the License Clerk's Office. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 14. ESTIMATES• MOTION by Councilman Fitzpatrick to approve the estimates as submitted: Sevcon, Inc. Route 1, Box 330 Cokato, MN 55321 Moore Lake West Basin Aerator Project No. 184 Estimate No. 1 . . . . . . . . . . . . . $ 13,154.60 Civic Center Remodeling Pay Application #2 Invoices through October 31, 1988. . . . . . $360,520.00 Seconded by Councilman Schneider. Upon a voice vote, all voting �'RIDLEY CITY COUNCIL MEETING OF NOVEMBER 21. 1988 PAGE 11 aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT• � MOTION by Councilwoman Jorqenson to adjourn the meetinq. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Reqular Meeting of the Fridley City Council of November 21, 1988 adjourned at 8:46 p.m. Respectfully submitted, Carole Haddad William. J Nee Secretary to the City Council Mayor Approved: � � unroF F�� TO: FROM: DATE: REGARDING: C011AMUNITY DEVELOPMENT DEPART'MENT MEMOR.AND[�IM William Burns, City Manager�� . Jock Robertson, Community Development Director Barbara Dacy, Planninq Coordinator December 14, 1988 P.S. #88-01 The subdivision ordinance requires the City Council to hold a public hearing to discuss the final plat of Registered Land Survey, P.S. #88-01, which creates Tracts A, 8, C and D from part of the southeast quarter of Section 12, T-30, R-24 (Onan Corporation). After the hearing is closed, the Council should consider Onan's Registered Land Survey for approval or denial. It is recommended the Council approve the proposed plat and approve the attached resolution. KC/dn M-88-374 � a � � � STAFF REP�RT APPEALS DATE R/s C�NQF PLAMMVG COMuNSSION DATE: November 9, 1988 FRIDLEY crnr cou�c� oA� � NQvember 21, 1988 q��.�pp gc/�n REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION SiTE DATA SIZE DENSITY PRESENT ZONING ADJACENT LAND USES � Z��i UME$ PARK DEDICATION ANALYSIS FINANCIAL IMPUCATIONS CONFORMANCE TO COMPREHENSNE PLAN COMPAI'�ILtTY WITH ADJACENT USES � ZONNG ENVIRONMENTAL CONSIDERATION.S STAFF RECOMME(�ATION APPEALS RECOMMENOATION PLANNING COMMISSION RECOMMENDATION P.S. 1�88-01 Onan Corporation To Plat part of the SE 1/4 of Section 12, Township 30, Range 24. 1400 - 73rd Avenue N.E. . 123.85 acres Tract A, B, D: vacant Tract C: 16.6% lot coverage M-2, Heavy Industrial North, R-2, R-2, R-3; South, M-2; East, Single Family, Moundsview; West, M-1, R-3 Available Deferred with Building Permit. None. Yes Yes Soil Contamination Approval with Stipulations. N/A Approval with stipulatians . ; 1A P.S. #88-01 onan Corporation Page 2 REQUEST 1B onan Corporation is requesting to plat that part of the SE 1/4 of Section 12, Township 30, Range 24, generally located at 1400 73rd Avenue N.E. The purpose of this plat is to create separately described parcels for the contaminated portion of the property in order to clear the title for the parcel containing the Onan facility. By separating the contaminated parcels, the assessed value of the Onan property will not be affected by the lower value of the contaminated parcels. ANALYSIS The previous owner of this property, Ontario Paper Company, had established a telephone pole and railroad tie creosote treatment facility which involved a dipping process on proposed Tract A and a drying process on proposed Tract B. In 1984, it was discovered that this portion of the property had become contaminated due to this operation. Onan Corporation constructed a slurry wall containment system in an effort to clean up the property and comply with the MPCA requirements. It is unlikely that Tract A will be developed due to the extent of the contamination, however, Tract B may be developable in the future. In order to clear the title and stabili2e the value of the Onan Property (Tract C), Onan would like to separate the contaminated parcels from the rest of the site. The proposed plat is located in an M-2, Heavy Industrial district and must meet the zoning requirements. All of the Tracts except for Tract D meet the lot regulations stated in the zoning code. Tract D does not meet the zoning requirements because its purpose is to provide access to Tract B if developed. Before issuing a building permit for Tract B, Tract D should be dedicated to the City for street purposes. Tract D does contain a 60 foot Northern States Power Company easement which allows it to be used for roadway purposes. If NSP uses this easement prior to the establishment of a street, Tract D could not provide_access to Tract B. Staff recommends that Onan Corporation dedicate a street easement to the City on Tract C which would provide access to. Tract B, if Tract D cannot be used for this purpose. RECOMMENDATION TO THE PLANNING COMMISSION � Staff recommends approval of the Preliminary Plat, P.S. #88-01 for Onan Corporation as submitted in the plat dated November 2, 1988 with the following stipulations: 1C P.S. #88-01 onan Corporation Page 3 1. Tract D shall be dedicated to the City for street purposes prior to the issuance of a building permit for Tract B. .If Tract D cannot be used for roadway purpose� due to.�NSP facilities on the easement, Onan shall dedicate a.60 foot street easement to the City on Tract C which would pro'vide access to Tract B. 2. That stipulation 1 and 3 shall be filed of record. 3. That Tract D is unbuildable. 4. A park fee of $16,358 will be charged for Tract B at the time of the building permit is issued. , PLANNING COMMISSION ACTION The Planning Commission unanimously approved Onan Corporation's preliminary plat, P.S. #88-01. The Planning Commission raised questions regarding the necessity to describe a fixed location of the street easement over Tract C(stipulation #i) and whether or not the City should specify the park fee amount (stipulation #4). The Commission decided that the location of the easement over Tract C should be flexible because there are not any specific development plans as of yet. Regarding stipulation #4, it was decided that the specified amount should be omitted because the City's park fee policy could change by the time a building permit is issued for Tract B. The following stipulations were attached to the plat: 1. Tract D shall be dedicated to the City for street purposes prior to the issuance of a building permit for Tract B. If Tract D cannot be used for roadway purposes due to NSP facilities on the easement, Onan shall dedicate a 60 foot street easement to the City on Tract C which would provide access to Tract B. 2. That stipulation 1 and 3 shall be filed of record. 3. Tract D is unbuildable. 4. A park dedication fee will be charged for Tract B at the time a building permit is issued. �� RECOMMENDATION TO THE CITY COUNCIL Staff reGOmmends approval of Registered Land Survey, P.S. #$$-01, as indicated in the survey dated December 13, 1988, with the following stipulations: P.S. #88-01 onan Corporation Page 4 l. Tract D shall be dedicated to the City for street purposes prior to the issuance of a Building Permit for Tract 8. If Tract D cannot be used for roadway purposes due to NSP � facilities on the easement, Onan shall dedicate a 60 foot street easement to the City on Tract C which would provide access to Tract B. 2. That stipulation 1 and 3 shall be filed of record. 3. That Tract D is unbuildable. 4. A Park Dedication Fee will be charged for Tract B at the time of the Building Permit is issued. If approved, staff is also recommending approval of the attached resolution. KC/dn � 1D 1E PLANNZNG COMMISSION �IEETING NOVEMBER 9. 1988 - PAGE 12 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DEC/�A,RED THE MOTION CARRIED UNANIMOUSLY. � � MOTION by Mr. Barna, seconded by Mr. Saba, to reco nd to City Council approval of Lot Split, L.S. �88-05, y Community Development Corporation for the Archdiocese of Minn polis and St. Paul, to create a separate parcel from the No od Addition to Fridley Park plat to be described as Lots 1 throu 16, Block i,and Lots 1 and 30, Block 2, Norwood Addition to Fri ey Park, together with vacated alleys. The site totals 121,50 square feet and is generally located east of St. Williams Churc abutting 5th Street, with the following stipulations: 1. Submit an easement agreement to be eviewed and approved by the City Attorney's office addr ssing the following issues: a. Stating the legal descriptio of the easement b. Prohibiting building const ction within the easement. c. Recognizing the existence f the church parking area. d. Allowance of a storm wa r management pond or other drainage and utility s ctures. , e. Other issues as dete ined by the City Attorney. 2. The easement shall be ecorded in conjunction with filing of the lot split at the oka County Recorder's office. 3. The applicant sha submit a survey of the entire property and provide the leg description for both paracels and the easement after City Council preliminary consideration. UPON A VOICE VOT�?; ALL VOTING AYE, CHAZRPERSON BETZOLD DECLARED THE MOTION CARRIED �JNANIMOUSLY. Ms. Dacy st ted the City Council date has not yet been established due to t consideration by the City Council on senior housing financia assistance. Mr. B tzold stated no future notices will be mailed to the resi nts, so he would recommend those interested �n attending the Cit Council meeting contact the Barb Dacy in the Plannii�g De rtment on a reqular basis to find out when this will be�on the C'ty Council's agenda. _ .. 4• PUBLIC HEARING• CONSIDERATION OF A PRELIMINARY PLAT P S. #88-01. BY ONAN CORPORATION: To create Tracts A, B and C from existing leqal description as follows: the southeast quarter of Section 12, Township 30, Range 24, all accordinq to the Government Survey thereof, except that part thereof described as follows: A strip of land 100 feet in PLANNING COMMISSION MEETING NOVEMBER 9 1988 - PAGE 13 1F width lying 50 feet on each side of a line described as commencinq at a point on the West line of said southeast quarter; said point being 942.27 feet North of the South quarter post of said Section 12, thence Southeasterly curvinq to the South by a 29 minute �42 second curve a distance of 1,496.24 feet; thence Southeasterly in a straight line a distance of 1,207 feet to a point on the Soi�th line of said Section 12, said point beinq 125.1 feet West of Southeast corner of said Section 12, and except all that partof the Southeast quarter of Section 12, Township 30, Range 24, lying Southwesterly of a line drawn parallel with and 50 feet Southwesterly of a line described as commencing at a point on the West line of said Southeast quarter; said point being 942.27 feet North of the South quarter post of said Section 12, thence Southeasterly curving to the South by a 29 minute, 42 second curve a distance of 1,496.24 feet; thence Southeasterly in a straight line a distance of 1,207 feet to a point on the South line of said Section 12, said point being 125.1 feet West of the Southeast corner of said Section 12, generally located south of 73rd Avenue, east of Central Avenue, north of 69th Avenue and west of Stinson Boulevard. MOTION by Mr. Dahlberq, seconded by Mr. Kondrick, to waive the reading of the public hearing notice and to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Castle stated the purpose of this plat is to clear the title for Onan's property by creatinq separate parcels for the contaminated portion of the site. The assessed value of the Onan property will, therefore, not be affected by the contaminated portion's lower value. Onan is located on approximately 123 acres, south of 73rd Avenue, east of Central Avenue, and west of the City of Fridley/ Moundsview boundary line, and north of Medtronics. Ms. Castle stated the zoninq of the property is M-2, heavy industrial. To the north there are residential districts, both R- 2 and R-3, to the east there is a single family dwellinq district in Moundsview, to the west there is a variety of districts, both residential (R-3) and industrial (M-1 and M-2). � i Ms. Castle stated Onan is proposing to subdivide their property into four tracts: Tract A, Tract B, Tract C, and,Tract D(a strip along the southern property line). � � Ms. Castle stated the previous owner af the Onan property was Ontario Paper Company, which operated a telephone pole and railroad creosote treatment facility. That involved a dippinq process of railroad ties and telephone poles into creosote vats located on Tract A. The drying process of the poles and ties was located on PLANNING COMMISSION MEETING NOVEMBER 9 1988 PAGE 14 Tract B. Th� result of this was that portion of the property became contaminated. In 1984, the MPCA required Onan to construct a slurry wall containment system on Tract A, and it is unlikely that Tract A will ever be developed; however Tract B may be develcped in the future. All of the tracts, except D, meet �he Zoninq Code requirements for the M-2 district. That is because Tract D's primary'purpose is to supply access to Tract B from Stinson Boulevard. Before issuinq a building permit for Tract B, Tract D should be dedicated to the City for street purposes. Tract D contains a 60 foot Northern States Power Company easement which allows it to be used for roadway purposes. If NSP uses this easement prior to the establishment of a street, Tract D could not provide access to Tract B, and staff recommends that Onan dedicate another 60 ft. easement along Tract C to provide access from Stinson Boulevard to Tract B. Ms. Castle stated staff was recommending approval of the preliminary plat with four stipulations. She stated these stipulations were different from the ones listed in the Staff Report. 1. Tract D shall be dedicated to the City for street purposes prior to the issuance of a building permit for Tract B. If Tract C cannot be used for roadway purposes due to an NSP facility on the easement, Onan shall dedicate a 60 ft. easement to the City on Tract C which shall provide access to Tract B. 2. � 4. Stipulation #1 and #3 be filed of record. Tract D is unbuildable. A park dedication fee of $60,358 will be charged for Tract B at the time the building permit is issued. Mr. Betzold stated Tract B might not be buildable for a long time, and he did not think they should qet locked in on a specific dollar amount for a park fee at this time. The staff agreed, and Ms. Dacy suggested rewording stipulation �� to read: "A park dedication fee shall be paid at the time the building permit is issued." � Mr. Maclay Hyde stated he is the attorney representing Onan Corporation. He stated they have no plans to develop the parcels at this time. To add to the history described by staff, the remedial action at this site was actually ordered by the District Court. The MPCA was a part of that lawsuit and the result was in part an order detailinq the remedial action in a very complete way. Tract A is where the on-site containment slurry wall is located that contains the most heavily contaminated area from any 1G �LANNING COMMISSSON MEETING NOVEMBER 9 1988 - PAGE 15 groundwater introduction and also Tract A involves a pump-out of ground water so any contaminated material is separated fro� the groundwater. It has a cap on it that is carefully designed and installed; and because the facility is installed on� Tract AR�it would just not be used for any development at all. They cannot disturb that structure. .� Mr. Hyde stated Tract 8 is a"French drain area". A French Drain is agricultural tile that takes the ground water and conveys it out into the sewer system. All the contaminated materials on the rest of the site were scraped up and placed under the cap on Tract A. Mr. Hyde stated what they are tryinq to do is restore all of the property, other than Tract A and Tract B, to as close to the full value as they can for tax purposes. They have a pending tax protest suit with the City and Anoka County District Court. This is a way to try to get the property back on the tax roles. MOTZON by Ms. Sherek, seconded by Mr. Saba, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE PUBLIC HEARING CLOSED AT 9:10 P.M. Mr. Dahlberg stated if Tract D should ever be utilized for NSP purposes, then he did not think it was clear as to where the access across Tract C to access Tract B would occur. It is not stating access has to be parallel and adjacent to Tract B. It is not saying it cannot be or should not be from the west, north of Tract H, or whatever. He was not sure it was necessary to define that spcifically, but it did seem somewhat nebulous. Ms. Sherek stated in the future when someone comes in with a plan to develop Tract B, that is the proper time to address this. She did not think it needed to be a concern that should be addressed by the Planning Commission at this time. MOTION by Ms. Sherek, se�onded by Mr. Saba, to recommend to City Council approval of Preliminary Plat, P.S. #88-01, by Onan Corporation to create Tracts A, B, C, and D from existing legal description (legal description listed above) witt� the following stipulations: , ; 1. Tract D shall be dedicated to the City for st�eet purposes prior to the issuance of a building permit .ior Tract B. If Tract C cannot be used for roadway purposes due to an NSP facility on the easement, Onan shall dedicate a 60 ft. easement to the City on Tract C which shall provide access to Tract B. 2. Stipulation �1 and �3 be filed of zecord. 1H PLANNING COMMISSION MEETING NOVEMBER 9 1988 - PAGE 16 3. Tract D is unbuildable. 4. A park dedication fee will be charqed for Tract B at the time . the building permit is issued. :. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. � Ms. Castle stated this item would go to City Council on Monday, November 21, 1988. 5. CONSIDERATION OF A IAT SPLIT L.S. 88-06 BY W CKES COMP I INC. - To split Outlot B into three separate parcels for uture combination to adjacent parcels in the plat of Great orthern Industrial Center, generally located north of 53rd Aven , east of East River Road and south of I-694. Ms. Castle stated Wickes is requestinq approval of a lot split which would divide Outlot B of Great Northern ndustrial Center into two separate parcels. The purpose of t split is because Wickes would like to expand their present fac' ity. They currently own property to the north of the outlot and/ hey are interested in purchasing property to the south. This ou 'lot separates both these parcels. By splitting Outlot B, Wic}� would get part of the split, and that would be combined witi�/the property they are going to purchase. / Ms. Castle stated the site is loc ed south of I-694, northeast of 53rd Avenue, and north of Indu rial Boulevard. It is located in an M-2 district as is all the roperty to the north, south, east, and west. Ms. Castle stated or' inally the outlot served as a railroad easement in the or' inal plat which provided access to the industrial building from the Burlinqton Northern Railroad tracks which are directl to the east. However, this railroad has been vacated along wi all the private spurs that served the industrial buildings. Be use this property was reserved for a railroad, the outlot does t comply with the M-2 zoning regulations;, ther�fore�, staff is r ommendinq that the easterly portion be combined with the Burl' gton Northern property and the westerly� portion be combine with the Wickes property. � Ms. C stle stated staff has contacted the utility companies that are urrently reviewing whether or not utility easements should bs r ained over the property. At this time, staff has not heard back om the utility companies. 11 O r � �: t I.-1 I � . L'� Q �--��--J ��L CJ5'ti'C:� w ��w�; _�. _ . � r � -T_ ��_ ''-\ — � -. ! �� .; � �.� -. ,-.�.�� : '�.�: ... ... .� � ��,.... . P . 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'� -• "• �d� j�- . :�_ —r+ �� \`�`�.' •.. y' ' ' .r r.T • s� . :i��.�"• " ';' ,� .. �`� � \ �iw` � , .�'. —i� •y •�, � .. . . . ✓ ,� � �� t`�� y� ,r�. �� y� L � � ` e` � ` `�� I �� •,�� ' �,l��i � �/� �• ' `` . � � YLAT � . OIYM � �.�� •� � � _ � --a �-a.r . .. � � � i...�owr.� oy.r�O�.�w �\ \ ��_ i � _ '' _ _ ' � _ _ ?"•',r � � - �, . tii:,.r �ww \ \ � la � � • '�"�'�`L'�'.SL�i S�. ��\�\� �\ � � • � �;� '.r . � �� ,L� tT i� M►hr. R�.N�rs�� ' ��- �\� �i� �� ,. �iT.:��7y�ST'ti�L Lrw'M'L �\ � C��'a�7.,ti:i��;' �OAIa.1w.MYr �� '' . �..� � LLi"L'��T� �: _ r.� .�. �.� \ \ � � - . �' r .�� J�� .. ".t'i�:•� • ��{ ' Rw'..-'i�" .� � � - • . � wM • � • � � �J� 1 � � r—'_ w- �� i=�. - � .. ��' ��1_ y •� •. 4Y� � \\ \ � ♦ ` ��+ , /� \ ��• ��''Fli7l7EjL7"- . ��• ' �N '• ' � ��. , , �� . S ITE PLA N P.s. o�8a—oi 1M Onan Corp. REGISTERED LAND SURVEY NO. ANOK� COUMTY � MtN►�1ESOTA . 2 IwcaMt G��tltj tlNt i� �te�tL�ea rlth tha �corl�iMa �t Cv�t�i i0t• M1wNNta ltatrR� �t 1141• N��. 1 Irv� wrv��d tM tellwt� �s�ert►d tr�et e( 1� La tlr G�t� �( Meka p� ft�u � Mi�wrets t� vitt The SE1/� ot Secttwi it� ToMnship 3Q. Ra�e 2�, tll atcoNl� to tA� 6o�ern�ent Swrer tl�reof� except tAat �rt q�erMt rescrl►N as t�llws: A strip W laM 100 fett 1n wtacn irt�y So reee os eacA stde of � 11�e descrlbed �s ca.�e�cln� at � potnt an tAe Mest 11�e af s�t� SEI/�; sai� ooiat being 912.27 teat North of th� South p�art�r pst d sa1� Sectlo� 12. thence Southeaste�lr crrviny to the South er a 2! �iiwt� �2 second cr�r� a distancs W 1�96.t� feet; thence SoutMasterlr 1� a str�t�ht tl�e a dist��ce d 1ZW f�et to � oo1�t aa tM South llne of satA Sectto� 12, satA potnt 6einy 125.1 feet Mest af SwtMast corner of satA Sectton 12 ANO EXLEIT All tMat �art K tM SE1/� of Secttaa 12. Tamship 30. Ranye 24� iyt� SentMest�'1]r M a 11M dram Oarallll wtlh �nC Sp feet SouthwlStlrir af a �1ee �esc�1W �s ce�cf�� at a potnt oe the Nest ilne of said SE1/�; ��t� pt�t rt4w� f12.t7 fatt North of tM South Quarter post of s�t� S�ctle� 11. th�ewc� Sorth�astarlr e�ntny to tht south er a 29 wtiwt! 12 iecoM ewwt a dista�c� o{ 1�9i.2{ fa�t; thenc� Southtasterir 1n � st�a1yht 11� a 41st�ntt of tZ07 !Nt t� s pint o� th� So�th 11�� pf s�1d Sactl� 12. st1� polnt 0�1rg 128,1 fe�t M�st o/ Sauthe�st corner of said Sectioe 12. ihl• 1• ■ eorcect deliae�tion ot the •�cve� dated th!• �a� oE . 19 8w�t� Y. Ro�tr�. Lnd Sur►e�or Mtm�e�ou Resi�tratim No. 10945 CGecl�d a+d approred thl• �a� o( . 19 A�wRa Comt� Survc�or 'i'wi• Re{i�tered l.�nd Sune� Aa� been approved �nd �eeeptd ►7 cti. ci�r c�ii ot r�iaie� K• ra�el�r �eetiiyt cAereo[ Mld tl+i� d�� o[ , 11 CIiT COt�ICIL OF fRIDLii. NIIMLSOiA .�7� .� �� .�[o�npAnlu SUIl//RBAIII ENGINEERIIV� /AIC. •�l� Nl�lw�� 1 N.[. ►.O. /�� 2�0• �IR, MN ��1�! isse� rr.�..._' •. ..._--,� .... ..... N � � � � � Yl � � M � ! � P . S . 4�88-01 Onan Corp. REGISTERED....LANO� SUF�VEY NQ, w�N�* c.•.N.R..sEw ANOKA,��OUNTf��,tiMMNt3�T.A„::. S�aIt�T10�11.t� A�� !bn*» 4� ef SE11 Cwur� G�r IaN MMwrcH* � s�. ��,T.3o, a.0 _ N � � �W ae. � )l.as �'� w O G.� Js � ,�Q`P »i YI r� � � �� G 7 ! � a' «r w x�R.[ �iNai:i_ r�••� SGl! � 1 1� � Lpp �as� � UtMOTt! IMN MOMVMtMT Faw rMa tiwvesea e� TM�a �cs�naRio uMo �YIIVCI� TNt NpR�N lIN! O� Tt1i .C7E �4 O� �np�� K� rut. 70, M. C�,MM Aw Al6UM[D OWIINa O� N.88's�'IS•w, � G� �� 0 f « RAI'*�'' - i _�� i��o�o � 3 0 n t N O Y V1 '1� • N r 4 N � O� �' g N N y N w 0 Y 2 J F � �u 7C �- E p � \ � N � �' • ,:w '4 '`� `''' E C`� ♦ ti p4�� w""'�.�'� T rN 4wwrc� Gwwat si f'tCE� � i 5.�. iz, r.3o, R.24 io�y p � N•o� ccuM.r us. ��.M N1..w,K� /-5«,.H l�ua .i SEw, Sce.�z,T 30, R.z4 ,� � COt1NT V R011D H � 4!v AVENVE h1E ��Alq�s Sw'�s� CMrrR �r 5[� .� S.c. t, 7. �, A. ia ••••��••r;��•••��"'�"• . AM�rR� C.w�tt �Mr IMN �'�OM[MT �� NM lu�w � � M a i��a{ � i 0 i � RESOLUTION NO. - 2988 A RESOLUTION APPROVING A REGISTERED LAND SURVEY FOR ONAN CORPORATION, (P.S. #88-01) TO CREATE TRACTS A, B, C AND D FROM EXISTING LEGAL DESCRIPTION wHEREAS, the Planning Commission held a public hearing on the Plat, P.S. #88-01, on November 9, I988 and recommended approval; and WHEREAS, the City Council also conducted a public hearing on the proposed Plat at their December 19, 1988 Council meeting and approved the Plat at their meeting; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley hereby approves the Registered Land Survey for Onan Corporation (P.S. #88-01), with the stipulations attached as Exhibit A, and authorizes the Mayor and City Manager to sign the Registered Land Survey as prepared by Suburban Engineering. BE IT FURTHER RESOLVED that the petitioner is requested to record this Registered Land Survey at Anoka County within six (6) months or said approval with become null and void. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1988. WILLIAM J. NEE - MAYOR ATTEST: 0 SHIRLEY A. HAAPALA - CITY CLERK 10 Exhibit A ONAN CORPORATION P.S. #88-01 STIPULATIONS 1. Tract D shall be dedicated to the City for street purposes prior to the issuance of a Buildinq Permit for Tract B. If Tract D cannot be used for roadway purposes due to NSP facilities on the easement, Onan shall dedicate a 60 foot street easement to the City on Tract C which would provide access to Tract B. 2. That stipulation 1 and 3 shall be filed of record. 3. That Tract D is unbuildable. 4. A Park Dedication Fee will be charged for Tract B at the time the Building Permit is issued. � 1P CITY OP FRIDI.EY P�TITION COVI:R SHEI:T Petition No. 25-1988 Date F.eceived Dece�nb�r 1Q, ? 9u8 Object In support of the State Legislature to help ensure the mobile home �ark residents thP right to purchase their parks when they go up for sale. P�tition CheckEd By Date Per.cent Signing Referred to City Council Disposition ,,;,_. .. -., �1-�--c� /' ?//��/� ' �� , We, the undersigned mobile hc��e residents of Minnesota urge the state legis].ature to �• help us ensurP our right.tq fully protect our� lumes by giving us the right to purchase atr ` � Farks when they go up for. sale. , � � r� ��s � rt�r� � co�rTCZL n nn�trS _ . ��. -� —. , . ^� _ n n � � ��' ��- �- s = /� �� Y /� J,Y7G . PH�iF: MIGS . CAi�.S . � �s�--,-- � . � '� �7 i�•l�.a i', 0 � 73/��' 13a�e.- �Ve� /r!t � 7;1"�-��'7� .. ....��1� � _Q� � �_ '�l �l� - �S 3 0 7 -�3�'� � ��. - 7��'� �9;�._,�_ , ; 3 0 �C_ �c .`�_�.- , -�-�Jt-�-� 7' 8 6-- .3 � 7 G , .., ` •� � r� ~ ��_ � ` �7�3 � Z� � ti C �.c.�.�G - � 3/ . . �' 3 3 �.s� 3 / 9 � � d �� - -- • Q( �1R. �. �. F�. � �I 10 � � rn,1•1 4,��?�= �S3 0 � 7� �� ' c�,._ S� :�, 7 �t�=�3�'/ � �%�2 �F - ` ,�`�S'��l 2 7 ' �/%7Z . , _ . � -y.�� "1 �� - � � �a � , - , � l ` We, the undersigneci mobile ha�ne residents of Minnesota urge the state legislature to help us en_�ure crar right to £ully prote.ct aur ��•. hares by givinq us the right to purchase cur . � parks when they q�o up for sale. � � r� �nn�ss rF� � Ca[INCIL J,FJG. PIiCiNF M'iGS . _ MIGS . CAI�T�S � � � a G' � � � , R � k 3 - �� k�Ys� �_ u.� � 8 y-�s.�� . ; :� � �� :. , - - � ' ��----- . _ ..�. — / G . � We, the undersigned mobile hame residents of Minnesota urge the state legislature to help us ensurs our right to fully protect aur • �• hcmes by giving us the right to purchase a�r parks when they go up for. sale. � � �r� �1 � �� - f . , ,t � , �� .z. c,L �l/.�.s(j,cl ��--�-�-�- l��i ,,,,. _ , �l�J�a . . -� - , . �� - �� . _ ,, _ . 0 �RESS r�� COUNCIL J,FIG . PH�9VF M'IGS . MIGS . C,AI.�IS 7`fo,� !a� - e, ��.e.�� • a6 Z- � ��J� `t%r (.�/rf��9"'rJ' qv�� x 7y�� c.� . G�c.S� '-1�1Q ��9�- I .lc�..� �- �1 fr —4��f � .. �y / 3 %I � �' _ ��- C> - .�� 5 � � 3 -�r18' S�'sy"� ,�^� "t�� ---- — ' � � _ 7i l-� w' �.,�,�. ��`��.,� � � ._..� L f 7 .� . �' l I_ �tl, .. 7.y� 4JFs: ��,C�� X `� �U �'"033 � � .�� '� g 4�--� o t z � f C'�� `� 7� �_2 ?� y .� 3��.� � � � Y'6 -S 9 �o 7 . �. L(J a-�� :2�3 S.v�1�e�� C°i�2�L � 78d - z Z�� -�ti�% �. ��:5"T lI /�1 � 7�s�',� : 2�� ' _' � � _ '�c� ��-- �. ��6 -1�� 'y� � , � _ _s �_.��--��_ 7 � s� - a � � �- ' � �1� .r ..�� ` �'.� l� �,ln �- ��ICI � �, > - � � �� _ ��`,r _L___n.u,�'� �%' �o F.S' � � _ ;�_ y�� -. �?�'��S''�� y yD L�J. Ci�e �- �7�y � ,, � , -- • , , , We, the undersigned mobile hc�ne residerits �: of NLinnesota urge the state legislature to ' r i% help us ensurP our right to fully protect our �' _� _ _ � ,� hcmes by givitx� us the right to pvrcha�e ' our ,' parks when they go up for. �ale. y D -_ / N21ME �RESS P�DI� # CC7UNCIL J.F)G. PiiJNE � � M'P(',S . NIIGa . C,�►LI�S o � � !��''l r ,�v �E'f�L"' /Gbi -C',�,v.'�7¢.. �iRc�F 780 -/8.58 ✓ ✓ � �l__ � �r� p. [� ., � �6 � �� '� ,S � 0 774� t�/%�4rwe1/ 33 �ir�� 7F0-�a�i ? z - � �► �t,ti�v�� .� � C�i�� n� r C�`� l v-097�. n t� ? n v � � �.3� % .i�: �/�' 7�6 - sffs- �� 1- � ' �3 3s' % �i • 6 � / - - f � �� r a. s � �r ._.��',� -�-��-8 � �� t� 3 � �. � � � �� _ � �� w _. /D � o �'r-�r ` '� �l �S�-O�'� 5� _ u�Q� D/� E i/ 7�� -� I,� -,'� � � �;� � c�.��-� c ; �-c I�, �vc �� s = y�� - ____«.�--�—. �..,_._ �_ - ' �o a a �� h.�.� �-� ��T�� y� �?a.�- �� ; �' 1�.� e�.�-� � �� '- 0�6� ,� ; � � � , ��, ��_ � �� - -� � -- � s�Q - �� 13.� � �ar .S�- _ --- r� -lil y --�73a-!o �.:�,l,�x S�" ti1� ;2�'b - l441� , � , �- _ 0 ��7 �- .�.� 1► : , � , . � We, the undersigned mobile hame residents of Minnesota urge the state legislature to help us ensure our right to iully protect our __ hcmes by giving us the right to purchase vur parks when they go up for. sale. NI+A'1E �RESS Pi1�NE � CCXINCIL I,F)G. PHO�iF M'PGS . MIG..S . CAI..LS �P� d C t2.c ��.. ��-G7.r/ , • �. �85- t � � . °C�'reS�, �� -zgs-l�o TS oio ,e e c e ti� 7�0 ��s 1— � � � v i - s o . ��-~ �y --�.�/ �� , I� •y ) � l� � � ` ,vG 78'��5 �8 �rL.Ll. � 5 ` � ` ` L C � � _� G ,�o � De �'I f � �`,� �-' � � `� � � 3 � �'''�.� .i. �� ?'� - �'� �' C' tc� 33 �So C �,� 7�a � y' �� —3703 ��. ��i � �� 7�y-�� ,.r��, l � 3 a. .�� _�d� � d,C) a� � N�_ $`-� � t D � �..� � o� �/ g S� �� 7�'0 - s G 8'� � i / �� ✓ �" / . �il . � �� 1 2`"l� ,J / o ' ,aa ��-�e- � - S'/ ,� ,..� ' . � o b � � C:c.-�r.,r�.c. %2�r � , 7 °"� � % �a � �..�.-� r��' s.. cs�,l,e� N�� -- — We, the underaigned mobile ho�ne residents of Minnesota urge the state l,egislature to help us en.sure our right to fully protect our '� �- � hcxries by giving us the right to purchase aur parks when they go up for. sale. � " � .,.v.,� �1DDRESS J 'J�iv`1 �� PiDNE � ,�4 7S�v -�i z.� ,� ,, ►, .. , ��yr� COIfJ1�IL 1.FlG . PHC7NE: M'iGS . � Mi�GS . CAI�.S ✓ � . �. , y�s y�s . s ,, �� v ��.� I,/ � v c; u� U /� �,. � � W u'v � J� � C� �1 • ,-• j / � ��s � '� % (°'l,r- /L� c /J� � f 3 � � Z� � � i L� �,✓��' � C"1 �,�c'ct /✓'. �= � c�> -�— � �y-� ,;, �. �[ L � �� I C.� �-s �I � � �.��> �.��. �-� �..,� s :>> �v , C�,uf_t.,�.� � � sr=r��y �►-� :�, 1 ! C' � ,-- 7Y,�1 �� _ ,�,� „ -7,�-� -�7�1 _�_� _ i , ,•=- � c , r -? ' )�-, , • � � , � -; , ti.. ' � � GU.w ��> � '� - ;,�.C1 .�t � /1��z�= ' < '7 S` � �f S�Z` ' �%c_� �% �� % . ?d�� 3 . c� �`' � ' � �. i � ��... _ lv � T��-�S�l � �� .:_� d � 7 ��._ � �� j �� 1�,,� �, - .�� % �� v .� (�l..C�� 1 � �3r� -�' y� �(� 1 �. F5 �r �-�` f� .s �-- �-� ��.s �;�-� — . , L �-� _ �'s/� %/ 1L�rr� �;e�� tlF -' ��j�s y� s a. �,, . -��...4 ��,�/ _ � 't.._> E' � �� _' � � '�-G. � �;, � �.�' � • .� ( f ►. { I L �. I � , _ , ..�. _ _ ^ L, / G ; / ;, > /,� , C ,, ��i �-.-> /` � �� _ , � - _� � t i�� 1�:.1' � �_ `�" � � � � , .� � ', ��,(� 'I�� l�'�s-� C"�(C��, � �� -�� , � c . � ' / � — •/ 7�„ <)� �� /J /� � � � i,l,� � �' C / � l�'Z L` 1�.. �7C i �.t __ �!`' � w We, the underaigned m�bile hame residents "� of Minnesota urge the state legislature to help us ensurP aur right to fully protect our ' hcmes by giving us the right to purchase aur parks when they go up foz sale. NAN� 21DDRESS I'i1�NE � C(XJNCIL J,F7G. Pii�iF .� � M'IGS . MIG5 . C1�,Id.S '� �,e !' � yS�S-lf_�� 7.cP0�� I /�` - � �- _ r _:-.- '?`y�%� ��. 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Lr�.� L . � r � �_ ,.►.1 � � _ _ , U � � � ' .,�__. r.. .. i / 1 ' � � , . . .:... �r. r �,� �1. � .' t'ra. a� 1 \�� \ ' 'a � ►�� ► � �t, '�� • � � 11. � , . -, , .. J ��fi►. r i.� _..� / � � . '� �� - � � � �� 1 � . �+ � � i I/ <�, I � .%i . i �- . �� ; � -_ L �'� .� � • - . - . ,, � ��► ii ♦ . � � . � � � �� r ' �� . � �.►' e' �l .�rl ' . . , - �, a � ' - � - � .._ . . _� � . � .- � - , . . . , , . ,, M / . I � : ' � J' . � �� + l�?� � 1f..�: . .. - ' ` ` � � � �� , �,� ,; . �. �.:,c� _ � � ,,�✓� � Gi.:.�.�.� .1I. �. , / , � .! � . ' / ��`;��1� �� . �... . ��. .. � - ! � � � � � � . r �..�...1� ' v / .,�'!/ . /. y --� � - :. • , �� .r / . Ir ' �1 �►�� ' " (/ , � � � � � / 1... � ..../ r � � . _ i►� � • � � , � , � �. i � I . ' . I�f�� r . . �- ' ' + ► � .r. , ., i,i1, , _ . , _ .- I�_ _ • � � • - � i�� / %/ � � ' • �, � a'r'.-� � . � ' � / � / �i i �� We, the undersigned mobile hame residents \ of Minnesata urge the state legislature to t help us ensur_e our right to fully Prot�t our hcxnes.by giving us the right to purchase our � ' parks when they go up� far sale. NAME ADI?RESS PtUI��E � COLI[JCIL J,FIG. PiiC7NE M'IGS . M'!GS . �AT T S . /� n � - � � ( , . J�'�' -,l C��c. ..� ��,�.;�,a..,,` � .�,�' .��. �� I��-� 9t,wu� � rn c - ��V� � � s✓� r- �1.¢a�,� � l D 2� 1��_�.� -U . v � �� l�, ��h,cQe_ '��6-��5� v / l��d q/1/ c�� )f %�� - 3 6 ��7 � �- � (� i� (1 /o � � �, Cj�-�r`�� d - ��9 � /. C� ��7 i��i.�� n; �c %`7�a --� �/ 3 ��'�1 �-� v a �d y,� N c� �v � ? �G - � s � G �/ [ � 10 �i'� �%�%. �/ l�a�..� M� io�� , ��,t� _...�1�u� ` ��o�s�71 � . � �- a r� �l ( ivo-r� i� a,3�r � 75r o_ s Cn 7 r'� , -� -- SC�.� - o �- ,,�,,,� � w- ,16 a � �� .r�� _ /1/� 7�G - 3� z � /oo �i �(D�Z� �� i � � %O/ �.�`�? --�� ti � N . �r� 4 �. ._ � �o - a53a; . , �'"'1� �/ % , �'�� '�� 7� `I��7� l� - /a S � `� u " /U � --- 7� G - s �► z � � �/" �_ _ __ _--.-. _ - __ , /a 5 � � �'�:�� _ �� L 7 �(� - ��-.�5, �� G3 f,¢,r� c f c�� 4'��'� �- L ' �� `� � � ; ' -SS5�2 �. �,�� i � . r �%� � ��a �� We, the undersiqne�l m�bile ho�rne residents of Minnesota urge the state legis].ature tc� help us en.sure our right to £ully protect our hcmes by giving us the right to purchase cur parks when they go up for sale. N11A'.� ' �1D�RESS r��r� # . ,� , Ca[JNCIL J,FIG. Piil7NF iu►rr_e urrr_e r�nr r.c �I t We, the undersigned mobile hame residents � of Minnest�ta urge the state legislature to help us ensure our right to fully protc�ct aur hcznes by giving us the right to purchase aur parks when they go up for. sale. _ , r� ��an�ss r�� can�cu, r.�c. Pxrm�; rriGS . rr1GS . c,�.as � ,•, , . ;. n ____ `-�1 _ - _ _ __.. _.._. . . . _. . �__.-.�-----'_. _---- _._. r__. __._._..�._.____... _._. _......_ _ ____.._..__.-. �� : � � � � ( S�. . . :��.�,,,, � � 5 ° ` � __ _�. _ . , , � . U� , —7 � � ; -� � c��- ✓��r . .7 `� � � �� e� G�1 � f; - . l� ��d 3� 3 g - _ ,- - ... < � � � � . : ,� � . . �� 1 � 1 � _----: , � �, ; � � �,� f , � . �: i t ` � Yi I �.. �\ :. ' . u 2 CITY OF FRIDLEY PLANNING COMMISSION MEETING, DECEMBER 7, 1988 ----------------------------------------------------------------- CALL TO ORDER: Chairperson Betzold called the December 7, 1988, Plann�inq Commission meetinq to order at 7:30 p.m. ROLL CALL: Members Present: Donald Betzold, Dave Kondrick, Dean Saba, Sue Sherek, Alex Bar�a, Paul Dahlberq Members Absent: None Others Present: Barbara Dacy, Planninq Coordinator � Kathlyn Castle, Planning Assistant Dale Edstrom, Northco Corp. Bruce Carlson, Northco Corp. Tom Gerster, KKE Architects Jim Benson, B,M, & B, Inc., Mpls. Dave Koski, Barton-Aschman Assoc. Ron Mattson, 7324 Symphony Street N.E. A1 Quam, 399 - 73rd Avenue N.E. Ron Killian, 7301 Concerto Curve N.E. APPROVAL OF NOVEMBER 9 1988 PLANNING COMMISSION MINUTES: MOTION by Mr. Kondrick, seconded by Mr. Saba, to approve the November 9, 1988, Planning Commission minutes as written. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. 1, PUBLIC HEARING• CONSIDERATION OF A PRELIMINARY PLAT P S. #88-02. NORTHCO CORPORATION BUSINESS PARK, BY FRIDLEY BUSINESS CENTER PARTNERSHIP COMPANY C/O NORTHCO CORPORATION• Being a replat of Tracts A and B, Registered Land Survey No. 6, and Tract B, Registered Land Survey No. 78, generally located at 500 - ?3rd Avenue N.E. MOTION by Mr. Kondrick, seconded by Mr. Barna, to waive the readinq of the public hearinq notice and to open the public hearing.�� UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLP,RED TiiE MOTION CARRIED UNANIMOUSLY AND TIiE PUBLIC iiEARING OPEN AT 7:32 P.M. Mr. Dahlberq stated that at this time he would excuse himself from the discussion and voting on this issue for reasons discussed 2A PLANNIN6 COIrII�I88ION l�EBTINQ. DBC$MHER 7, 1988 - PAQB 2 earlier with Chairperson Betzold. Ms. Castle stated the petitioner, Northco Corporation, was requesting consideration of a preliminary plat to replat Tracts A and B, Registered Land Survey No. 6, and Tract B, Registered Land Survey No. 78. The property is located north of 71st Avenue, south of 73rd Avenue, and east of University Avenue. Ms. Castle stated the property is zoned M-2, Heavy Industrial. To the north is single family and to the south is a public facilities district which contains the City of Fridley Public Works Garage and the City's recycling center. It also contains the regional recreation facilities, Columbia Arena and Locke Park. Ms. Castle stated the proposed plat would subdivide the property into 11 industrial lots, ranging from 2- 19 acres in size. The westerly portion of the plat is designed for the further development of buildinqs that would house light industrial uses such as office, warehouse, and manufacturinq businesses. Ms. Castle stated the eastern portion of the plat is designed around the existing industrial businesses located on the site-- Carter Day, Knox Lumber. Ms. Castle stated the plat's proposed lot lines do encroach upon some of the existing parking facilities; therefore, it will be necessary to obtain some joint driveway/parking easements from the developer. Ms. Castle stated access to the lots within the site will be gained from an interior S-shaped road off 73rd Avenue around to the University Avenue Service Drive. In addition, since the lots have double frontage, 73rd Avenue and 71st Avenue will.provide access to some individual parcels. Currently, 71st Avenue does serve as the gateway to the region's recreational facilities, but also serves as access to the City Garage and recycling center. Because of its quasi-industrial state, staff does not object to access off 71st Avenue; however, the developer must upgrade the road to the required industrial standards to serve the addit}onal truck traffic. Currently, 71st Avenue is only a 7 ton road. Ms. Castle stated the Public Works Department has reqiiest�d revisions from the developer regarding street/driveway intersection and intersection right-of-way widths. The current layout of the proposed road could cause potential traffic problems with the existing interior driveways. Ms. Castle stated that due to the site's natural characteristics, Siah St. Clair, City Naturalist, conducted a field survey with staff to determine tree preservation on the site. Mr. St. Clair did sugqest that staff encourage preservation of trees 6 inches in 2B PLANNINQ COMMISSION 1dEBTINa. DECEMBgR 7. 1988 PAGS 3 diameter or larqer on the site's west and south sides. The tree grove on the site's north side contains older, dying trees; therefore, trees with a diameter of 4 inches should be preserved in that area. Staff has suggested that landscapinq is needed to screen the industrial development from the residential district to the north. " Ms. Castle stated this proposal is consistent with the City's Comprehensive Land Use Plan. The development will increase the economic wellbeing of the community, while providing an attractive physical environment. The division of land into smaller parcels should attract less intense industrial uses which are more compatible with the residential community than heavy industrial uses. Ms. Castle stated staff recommends approval of the preliminary plat with the following stipulations: 1. A development agreement be executed between the petitioner and the City Council which includes, but is not limited to: A. Design criteria 8. Landscape maintenance C. Tree preservation D. Street and utility improvements 2. A storm drainage plan which either encompasses a comprehensive drainage plan or individual drainage plans for each lot shall be submitted prior to the issuance of a buildinq permit. 3. The developer shall petition the City to construct and improve the necessary roadways and utilities in order to provide the adequate infrastructure to support the development. 4. Access from 73rd Avenue shall be limited to one driveway. 5. Access from 71st Avenue shall be limited to four driveways. 6. The necessary joint driveway/parking easements shall be executed for Lots 5, 6 and 7 and Lots 7 and 8, Block 2. 7. A revised preliminary plat providinq adequate right-of-way at the intersections shall be submitted to the Public'Works Department for review prior to preliminary plat review before the City Council. � 8. The developer shall submit a proposed plan for driveway access at the curve of the proposed street for Public Works Department review and approval prior to preliminary plat review before the City Council. Mr. Betzold asked if anyone knew what the traffic impact would be 2C PLANNING CO1rIIrIISBION MEETING. DBCBMB$R 7, 1988 PAGB 4 in this area. Ms. Castle stated Northco has hired a consultant to do a traffic study, and maybe that person could address that issue. Ms. Dacy stated it was staff's understandinq that when Target expands, that expansion will trigqer an improvement project on 73rd Avenue N.E. The way the traffic plan and street plan are laid out, there is a good disbursal of access points into and out of the site. So, as the development is designed, there should be good separation between truck traffic and the single family area to the north. Mr. Kondrick asked how they could discourage traffic leaving the property and travelinq south along the University Avenue Service Drive past Columbia Arena to the 69th Avenue/University Avenue intersection. He stated that intersection is bad enough now without additional traffic. He was not so much concerned about car traffic as he was about truck traffic. Mr. Saba asked what kind of truck traffic was anticipated as far as volume and size. Mr. Bruce Carlson, Northco Corporation, stated he was one of the members of the Northco petition. He stated they do not have a formal traffic study at this time, but some information has been put together by their traffic consultant, Barton-Aschman Associates. Mr. Carlson introduced Tom Gerster, I�tE Architects, and Dave Koski, a member of the Barton-Aschman Associates firm involved in traffic and access studies all over the metropolitan area, and Jim Benson who was involved with marketing the project. Mr. Carlson stated Northco is a Twin City based development, property management, and investment company. They specialize in retail office in retail office and office/warehouse type projects. They are not a mega developer, but more of a middle of the market developer, and they currently operate about 26 different real estate projects around the Twin Cities area. Nine of thes� projects are office/warehouse type projects. They have a fairly significant background in business park type development, primarily due to his involvement in an industrial park development in the Plymouth area. Their basic business approach is to try.to be a cooperative citizen in the communities in which they do business. Mr. Carlson stated about one year ago in October, they acquired the Carter Day property. After they acquired the Carter Day facility, they became interested in the Chicago/Northwestern property between Carter Day and University Avenue, primarily because of their industrial and business park background, and it looked like a �'J PLANNINd COIrII�I88ION MEBTINa. DEC$MB$R 7. 1988 - PAGE S logical extension of what they were doinq in this area. Mr. Carlson stated they are now at the Planninq Commission to propose a plat which they intend to become a master plan business park, and they will impose some architectural guidelines on how the buildings would be developed. They hope the City will agree with the landscaping and the savinq of trees which is one the natural amenities on this site. ' Mr. Carlson stated they think the use they are proposing for the property is the lowest traffic generator that is likely to occur on this property, as compared to some other types of commercial uses. Mr. Carlson stated they intend to build office, office/warehouse, showroom, light manufacturing type uses on the property. They will probably sell some and will probably build for lease on some of the land. They are not asking for any rezoning or conditional use permits; and, at this point, do not anticipate they will need any in the future. Mr. Carlson stated they had a neighborhood meeting on Novemer 28, and some of the neighbors who were at that meeting were in attendance at the Planning Commission meeting. He stated they presented their proposal to the neighbors and listened to the concerns expressed by the neighbors. Since then, they have been working with City staff to make sure they have a development that is compatible with the wishes of the City of Fridley and also one that will be successful for them. Mr. Carlson stated one of the concerns expressed by the neighbors was the visibility from the homes to the property. There did not seem to be a lot of concern about traffic. He stated they tried to demonstrate to the neighbors that this was a compatible and good use for the property. They felt their overall plan did address all the concerns of both the City and the neighbors. Mr. Carlson stated he would like Mr. Gerster to make the architectural and layout presentation. Mr. Gerster stated they have been working for a number of months with Northco Corporation, and more recently with City staff, tb develop a master plan business park that will be a benefit to the City of Fridley and to Northco. He showed an aeri�il photo showinq the site and its location in the City, and he showed a schematic of the actual engineered preliminary plat drawing. Mr. Gerster stated there are a couple objectives they are trying to achieve with this project: l. They have tried to master plan a business park within the PLANNINa CO1rIIrtI88ION lri$BTINQ. DSCEMH$R 7, 1988 - PAGB 6 2E framework of the M-2, industrial zoning, to attract less intense industrial uses which are more compatible with the single family area to the north. 2. They will save as many of the existinq trees on the site�as possible, because the trees are one of the prime natural amenities of the site. Mr. Gerster stated they feel they can be more compatible with the existing neighborhood by dividinq the plat into multiple smaller parcels trying to go with more of a 2 acre size. They will bring in smaller buildings which in scale, from a height standpoint, will be more in the range of the neighboring residential homes. Mr. Gerster stated they have also voluntarily submitted architectural guidelines to help control the quality of materials in the appearance of the buildings as they are seen from the adjacent roadways and the adjacent residential area. Mr. Gerster stated one of the things the smaller lots require of a development like this is the use of an internal roadway to gain access to each of the lots. This creates frontage for all the lots on at least one public street. Mr. Gerster stated they are maintaining minimum setbacks through the site. At this time, they will not be requesting any variances. They are also providinq a 15 foot bikeway trail easement. Mr. Gerster stated some of the neighbors have expressed concern about visibility into the site, and they would like to see additional screeninq. He stated they do feel landscapinq is very important to the overall competition of the business park; however, they cannot entirely screen the buildings because visibility is very important from surrounding roadways. They would use landscaping, undulatinq terrain, or rolling berms to help soften the appearance of the buildings, but they could not entirely block the buildings. Mr. Betzold asked what Northco envisioned for siqnaqe--one large sign for the whole business park or individual signs? _ Mr. Gerster stated they do plan to have a siqn monument of decorative masonry materials that would be located alo�g University Avenue, which would give indication of the entrance� to the business park alonq the new road which would be the major access into the site. Mr. Saba asked about lightinq. Mr. Gerster stated lightinq would typically be the shoebox type head with a downcast light which shines down and not out. They 2F PLANNINa COAIIrII88ION MEBTINa, DECEMHBR 7. 1988 - PAQB 7 have been usinq the shorter poles (25-35 ft.), especially for the smaller buildinqs and smaller parking areas. , Mr. Barna asked what kind of businesses would probably go in on this site. •� Mr. Jim Benson stated Fridley has been able to attract a lot of very small high technical type companies because of the medical facilities in the City. A number of these sites would be designed for an R& D type facility, liqht manufacturinq, light industrial, etc., and which would be low profile buildings. Mr. Koski stated they have prepared a traffic generation report of the business park. They anticipate the peak traffic hours to be 7:00 a.m. to 8:00 a.m. and 4:30 p.m. to 5:30 p.m. They feel the traffic generated from this proposal will be almost 10$ of what would be generated by a development such as that proposed by Cub Foods a few years ago. Mr. Koski stated the report indicated close to 300 vehicles in and out of the site during the P.M. peak hours and about 1,300 vehicles in and out of the site during the day. Of the total traffic into and out of the site, they expect about 5� and a maximum of 8� will be trucks of all types. They have reviewed the traffic already at the key intersection at 73rd Avenue/University Avenue and looked at the amount of traffic that might come through that intersection oriented to this new project. That amount of traffic does not have any significant impact on the traffic operations or safety of that intersection. They would expect about 40$ of the traffic entering and leaving the site will come from the north, 40� will come from the south on University Avenue, and the remaininq 20� will come from the east on 73rd Avenue. Mr. Koski stated that in reqard to the question about traffic going to the intersection at 69th Avenue/University Avenue, he would think that with almost two-thirds of the traffic oriented to the northern area and one-third of the traffic oriented to the 71st Avenue/University Avenue intersection. He stated they do not expect a great deal of traffic on the frontaqe road to 69th Avenue. That road and that intersection are not conducive to accommodating large trucks. Overall, they do not see any impact to traffic operations or to the safety in the area of traffic generated by the development. They also do not think any of this traffic will end up in the residential area at all, simply by virt�e of the desiqn of 73rd Avenue and the deadend nature of 71st Avenue. Mr. Saba asked how much truck traffic was normally done between 12:00 p.m. and 6:00 a.m. Mr. Koski stated the primary truckinq traffic into warehousinq sites usually occurs in the morning hours between 6:00 a.m. to 2G PLANNINt3 COMMISSION MBBTIN�3. DBCEMBBR 7. 1988 - PAGB 8 11:00 a.m. It tails off sharply in the afternoon, and there is virtually no truck traffic at niqht, unless there is some industry that by its nature would be open at night to accept truck deliveries, but not very many. He would expect that 70$ of the truck traffic would be entering and leavinq the site between #he hours of 6:00 a.m. to 11:00 a.m. Mr. A1 Quam, 399 - 73rd Avenue N.E., stated he did not have any objection to the development. He stated his major concern was the visibility of the proposed buildings to the residential area on the north. He stated the existing buildinqs along 73rd Avenue, with the setback and the trees, are almost invisible. He felt a precedent has been set to reduce the visual impact as much as possible. He stated the houses along 73rd Avenue are somewhat higher so they are viewing this property from a much higher angle. He would suggest that the berming along 73rd be high enough so the buildings would not be visible from the residential homes. Mr. Gerster stated it was their intention to put a 4 ft. berm alonq the entire length of the property on 73rd Avenue. Mr. Carlson stated they are planning to front the buildings on 73rd. They have the c�ption of turning the buildings around, putting the service side of the buildings to the rear. Then the visual impact to the neighbors becomes worse. It was their thought that they should address part of the visual impact issue by making sure the buildings are attractive, use some undulating landscaping, in addition to trees. Mr. Kondrick stated he would encourage the developer to keep some uniformity to the buildings and keep them in earthtone colors to minimize the visual impact. Mr. Carlson stated he felt their guidelines did address that, and they would be goinq with earthtones and muted colors. Mr. Quam stated he just wanted them to consider reducinq the visual impact with more height in berminq. Mr. Ron Mattson, boulevard between trees planted on in the boulevard property. 7324 Symphony Street N.E., stated tYiere is � 73rd and the 73rd Avenue Service drive which ha,s it. Maybe more sizeable trees could be planted area that would soften the visu�l impact to the Mr. Mattson stated many people think 73rd Avenue and the 73rd Avenue Service Drive are a divided road, and it is a hazardous situation. With more landscaping in the boulevard area, maybe that would help this situation. Mr. Betzold staff could certainly pursue this sugqestion. 2H PLANNINa COMMISBION MEBTINa. DBCEMB$R 7, 1988 P�a$_9 Ms. Dacy stated it could be investigated from a maintenance standpoint. � Mr. Ron Rillian, 7301 Concerto Curve N.E., stated he does not l�ive directly across from this proposed development, but he does walk around this area through Locke Park. He stated he does not object to this development. He liked the' way the property would be platted into smaller lots. He would like to see more green space in this area to give 73rd Avenue more of a woods-type appearance. Mr. Killian stated that even thouqh the normal truck traffic is 6:00 a.m. to 11:00 a.m., it seems that many diesels are started at 4:00-5:00 a.m. just to get the motors warmed up. �hat would be a good reason for fronting the buildings on 73rd Avenue. He would also suggest one more ingress/eqress goinq on to 73rd Avenue to allow more stacking room on 73rd Avenue. Mr. Quam stated he did not think berming and landscapinq should be done in the median. He wanted benaing and landscaping to be done along the property on 73rd Avenue. Ms. Dacy stated that within the setback area, a combination of berming and landscaping can be installed, such that the 6-8 foot high screening suggested by Mr. Quam can be achieved. MOTION by Ms. Sherek, seconded by Mr. Saba, to close the public hearing at 8:55 p.m. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Saba stated he felt this was a well planned development. He stated Northco has attempted to work with the neighbors and to do a good job of landscaping. He stated he had no objection to the development. Mr. Kondrick stated he agreed. For the most part, Northco has done its best to address the concerns of both the City and the neighbors. He stated the two thinqs he was most concerned about was: (1) traffic south on the University Avenue Service Drive to 69th Avenue/University Avenue; (2) buildinq uniformity. He,�too, would recommend approval of the preliminary plat., �. Ms. Sherek stated she did sympathize with the neighbors with homes directly across the street, because this is a nice wooded area. Unfortunately, it is also a nice developable piece of property. She stated she did like the plan that has been presented, and she liked the proposal to break the property down into smaller lots. she definitely would object to a larqe "Onan-type" industrial development. 21 PLANNINQ COlSMISSZON MBBTINa. D8CB1rIB8R 7. 1988 - PAG$ 10 Mr. Barna stated he also would must rather see smaller broken up planned development than a larqe development. It certa�nly softened the impact on the neighborhood. _ Mr. Betzold stated he would like to commend Northco on the time spent with the neighbors in soliciting their input before appearinq before the Planning Commission. He stated this certainly qives the City an indication of a quality development. The Planning Commission and the City certainly appreciated Northco's efforts. MOTION by Mr. Kondrick, seconded by Mr. Barna, to recommend to City Council approval of preliminary plat, P.S. #88-02, Northco Business Park, by Fridley Business Center Partnership c/o Northco Corporation: Being a replat of Tracts A and B, Registered Land Survey No. 6, and Tract B, Registered Land Survey No. 78, generally located at 500 - 73rd Avenue N.E., with the followinq stipulations: 1. A development agreement be executed between the petitioner and the City Council which includes, but is not limited to: A. Design criteria B. Landscape maintenance C. Tree preservation D. Street and utility improvements 2. A storm drainage plan which either encompasses a comprehensive drainage plan or individual drainaqe plans for each lot shall be submitted prior to the issuance of a building permit. 3. The developer shall petition the City to construct and improve the necessary roadways and utilities in order to provide the adequate infrastructure to support the development. 4. Access from 73rd Avenue shall be limited to one driveway. 5. Access from 71st Avenue shall be limited to four driveways. 6. The necessary joint driveway/parking easements shall be executed for Lots 5, 6 and 7 and Lots 7 and 8, Block 2. 7. A revised preliminary plat providinq adequate right-of-�ay at the intersections shall be submitted to the Public Works Department for review prior to preliminary plat review before the City Council. � 8. The developer shall submit a proposed plan for driveway access at the curve of the proposed street for Public Works Department review and approval prior to preliminary plat review before the City Council. 2J PLANNINQ COMMISSION M�$TINQ. DECE��IHER 7. 1988 - P�GB 1� Mr. Betzold stated this item would qo to City Council on December 19, 1988. 2. REVIEW 1989 WORKPLAN: Ms. Dacy stated that in addition to the 11 items established for consideration by the Planning Commission in April 1987, staff is recommending to add two more items: 1. The Urban Design Standard Book 2. Revision of the Subdivision Ordinance Ms . Dacy stated that based on City Council acti.on, a third item would be a review of Liqht Rail Transit (LRT) routes and proposed LRT stations. City Council will be discussinq this on Monday night, December 12. Mr. Dahlberq stated that the article in the December 7th Fridley Focus on Light Rail Transit routes stated that, "According to the Comprehensive Plan, the northeast corridor system includinq a selection between University and Central routes should be selected by the end of December. A feasibility and implementation plan would then be defined by mid-June." Mr. Dahlberg stated, personally, he felt there was a need for the Planning Commission to become involved rather quickly. He stated he has already discussed this with Mr. Robertson, and he thought, to date, the decision making process has not involved any of the planning s'taff in any of the communities that will be affected by this corridor selection. He felt it was important to have a lot of involvement in what this impact is goinq to be on the City of Fridley. Mr. Dahlberg stasted he was also under the impression that there was a third corridor under consideration, the existing Burlington Northern Rail, but he had not seen any information about that in recent publications. Mr. Dahlberq stated the Anoka County Committee and representatives of the Hennepin County Authority and BRW are having a public meeting on December 12, 1988, in the Council Chambers at Columbia Heights City Hall. That meetinq is primarily for .the City o! Columbia Heights, but he would hope either the City of. Fridley could do something similar to that or participate in that meetinq. Mr. Dahlberq stated he was specifically concerned that the representation from Fridley has primarily been from an enqineerinq and technical standpoint and not from a planning standpoint, and he was a little afraid of what is goinq to happen. 2K PLANNINa COMMI88ZON MEETINd. DBC$MH$R 7, 1988 PAGB iZ Mr. Saba stated he agreed with Mr. Dahlberg. Mr. Dahlberq asked if there was a way the Planninq Commission could express in the form of some kind of objection throuqh the C.ity Council to the Anoka County Rail Authority that they feel that a decision cannot be made as quickly as the Rail Authority would like, and that the City of Fridley would like the decision delayed until the City has had an opportunity to do some planning and some further investigation on the impact to the City of Fridley, and be able to pass on a recommendation from the City to the Rail Authority. Ms . Dacy stated she would pass on the concerns expressed by the Commission to Mr. Jock Robertson so these comments could be incorporated into a memo to the City Council for their Monday meeting. MOTION by Mr. Dahlberq, seconded by Mr. Saba, that the City Planning Staff, in conjunction with the Planning Commission, be actively involved in the analysis and selection of the proposed LRT corridor through the City of Fridley. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Dahlberg stated he would like to ask staff to look at and at least do some preliminary investigation into the possibility of creating a design review committee, not as a separate entity of the Planning Commission, but as a sub-committee of the Planning Commission. The Planninq Commission functions as a body that reviews projects in order to save the City Council time. Similarly, the desiqn review committee might save the Planninq Commission some time by reviewing projects before the meetinq. Ms. Castle stated part of the Urban Design Standards includes a design review that would be done by staff so she did not know how that would affect Mr. Dahlberg's sugqestion. Ms. Sherek stated she liked the idea of desiqn review, but it probably would be a duplicate of what staff already does. .Maybe what the Planning Commission should do is just ask staff not to bring any packaqes to the Planning Commission unless the petitioner is completely prepared and everythinq is complete--that the Planninq Commission will not accept any incomplete packaqes. MOTION by Mr. Rondrick, seconded by Ms. Sherek, to approve the workplan as amended: 1. Urban Design Standards Notebook 2. Inventory vacant._land 3. Develop Solid Waste Policy 4. Consider Systematic Code Enforcement 2L PLANNINa COMMISSION MEETINa, DBCEMH$R 7, 1988 - PAaB 13 5. 6. 7. 8. 9. Revise various Zoning Ordinances to improve code enforcement (trash enclosures, parking, and home occupation) Update Comprehensive Plan Revise Subdivision Ordinance � Review of Light Rail Transit routes and proposed LRT stations � Consideration of Planning Commission Design Review Committee UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. STATUS.OF DECEMBER 21. 1988, PLANNING COIrIIrIISSION'MEETING: Ms. Dacy stated there was one application for the December 21 Planning Commission meetinq, and that was for a special use permit at 7267 Commerce Circle West N.E. by Pioneer Concepts in order to vacate the building in which they are currently located. 4. RECEIVE OCTOBER 18 1988 JOINT ENVIRONMENTAL 4UALITY COMMISSION/ENERGY COMMISSION MINUTES: MOTION by Mr. Dahlberg, seconded by Mr. Saba, to receive the October 18, 1988, Joint Environmental Quality Commission/Energy Commission minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. 5, RECEIVE NOVEMBER 7, 1988 PARKS & RECREATION COMMISSION MINUTES: MOTION by Mr. Kondrick, seconded by Mr. Dahlberg, to receive the November 7, 1988, Parks & Recreation Commission minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. 6. RECEIVE NOVEMBER 10 1988 HOUSING & REDEVELOPMENT AUTHORIT MINUTES• , MOTION by Mr. Barna, seconded by Ms. Sherek, to receive t2ie November 10, 1988, Housing & Redevelopment Author�ty minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. ADJOURNMENT: MOTION by Mr. Saba, seconded by Ms. Sherek, to adjourn the meeting. Upon a voice vote, all votinq aye, Chairperson Betzold declared the PLANNING COMMISSION MEBTINO. DBCBIdBBR 7. 1988 - PAGB 1� December 7, 1988, Planning Commission meeting adjourned at 9:20 p.m. Respectfully submitted, . i� y Saba Rec rding Secretary 2M � � U�iYOF fRlDLEY TO: FROM: DATE: REGARDING: C01�ILMUNITY DEVELOPMENT' DEPARTNtENT' M EMO RAN D UM William Burns, City Manager �- � ��. Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator December 13, 1988 Plat, P.S. #88-02 The Fridley Business Center Partnership, c/o Northco Corporation, is requesting a public hearinq be set for the consideration of a final plat, P.S. #88-02, which is a replat of Tracts A and B, Registered Land Survey No. 6 and Tract B, Registered Land Survey No. 78. Attached is the preliminary plat information to review. KC/dn M-88-376 0 � 20 / �► STAFF REPORT APPEALS DATE CITYOF �� CO�� DATE : December 7, 1988 F[ZIDLEY CITY COUVC� DATE : December 19, 1988 ,quTHOq xr./d„�„ n_ REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION SITE DATA SIZE DENSITY PRESENT ZONING ADJACENT LAND USES $� Z�� $ PARK DEOICATION ANALYSIS FINANC{AL fMPLiCAT10NS CONFORMANCE TO COMPREHENSNE PLAN COMPATIB�JTY WITH ADJACENT USES 8 ZONNG ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMENDATION APPEALS RECOMMENDATION PLANNqVG COMMISSION RECOMMENDATION P . S . 4� 88-02 Fridley Business Center Partnership Replat Tracts A and B, Registered Land Survey No. 6 and Tract B, Registered Land Survey No. 78 500 - 73rd Avenue N.E. 50 acres M-2 N, R-1 Single Family; S, P Public Facilities; E, M-2 Heavy Industrial; W, M-1 Light Industrial and C-2 General Shopping Available .023 x sq. ft./developable lot Yes Yes Tree preservation Approval with stipulations. Approval. m � Staff Report P.S. #88-02, Northco Page 2 Proposa� The Fridley Business Center Partnership is requesting consideration of a preliminary plat to replat Tracts A and B, Registered Land Survey No. 6 and Tract B, Registered Land Survey No. ?8, which is generally located at 500 - 73rd Avenue N.E. This preliminary plat proposes to subdivide the property into 11 industrial lots ranging from 2 acres to 19 acres in size. The industrial business park is designed for light industrial uses such as office, warehouse, manufacturing, research, and showroom facilities. Background Cub Foods petitioned the City in 1982 to rezone the property from M-2, Heavy Industrial, to C-2, General Shopping, for the development of a retail strip shopping center. The City Council denied this request. During the public hearing, the neighborhood residents expressed concerns about increased traffic volumes, pollution, visual impact, and safety. Northco Corporation members held a neighborhood meeting on November 28, 1988 to discuss the proposed plat with the adjacent residential neighborhoods. During the meeting, residents expressed concerns regarding the development's visual impact, business uses, and effect on the tax base. Analvsis The westerly lots of the proposed plat are designed for the development of light industrial facilities while the easterly lots accommodate the existing buildings. The proposed lot sizes and dimensions comply with the applicable zoning and subdivision regulations. Traffic Access to the proposed lots will be gained by an S-shaped public road which provides service from 73rd Avenue N.E. and the University Avenue Service Drive. Since the lots have double frontage, 73rd Avenue N.E. and 71st Avenue N.E. will also provide access to some individual parcels. �•_ � The developer is requesting one driveway from 73rd Avenue N.E. and four from 71st Avenue N.E. No more than one driveway should be permitted on 73rd Avenue N.E. because of its high traffic volume and proximity to other intersections. Currently, 71st Avenue N.E. serves as an entrance to two regional recreational facilities: Locke Park and Columbia Arena. In recent 2P 2Q Staff Report P.S. #88-02, Northco Page 3 years, the area has changed from recreational to quasi-industrial because of the City Garage and the Recycling Center. Since the nature of the area has changed, staff does not object to having access from 71st Avenue N.E. to the abutting four lots. The Public Works Department has informed the developer that 71st Avenue N.E. would have to be improved to the required industrial standards to serve the additional truck traffic. Currently, 71st Avenue N.E. is designed only as a 7 ton capacity street. Other improvements along 71st Avenue N.E. should include the installation of landscapinq'on both the subject property and the Columbia Arena property to increase screening. Landscaping would reduce the impact of the increased truck traffic on the adjacent recreational facilities by providing a buffer. Dave Torkildson of the Anoka County Parks Department was contacted to determine the County's concerns. He did not ob�ect to the installation of landscaping on the Columbia Arena property as long as a plan was submitted to him for approval. The landscaping will create an attractive, viable entrance to the City's regional facilities. The Public Works Department has requested revisions regarding street/driveway intersections and intersection right-of-way widths. The current layout of the proposed road could cause potential traffic conflicts with the driveways at the easterly portion of the road. The Public Works Department requests the developer to look at alternative designs for that portion of the street. The intersections should also contain 25 foot right-of-way triangles at the corners to provide for visual safety. Tree Preservation A field survey of the site was conducted by Planning staff and Siah St. Clair, City Naturalist. St. Clair suggested a tree preservation program be implemented by surveying the site for trees 6 inches in diameter. Depending upon the specific development plans, trees of this size would be preserved to aid in screening, drainage and physical beauty. St. Clair stated that the preservation� of trees should primarily occur on the sites' west and south sides. Apparently, the tree grove on the sites' north si�ie contains older, dying trees, therefore, trees with a diameter +of four inches should be preserved in this area. - Althouqh it is the developer's intent to preserve as many� trees as possible, additional landscaping will be needed to reduce the development's impact on the adjacent residential neighborhood. The developer will be required to submit a landscape plan for approval prior to issuing a building permit. 2R Staff Report P.S. #88-02, Northco Page 4 Drainage A storm drainage plan is not required for preliminary plat approval. Either a comprehensive drainage plan or individual drainage plans must be submitted before issuing a building permit. Architectural Design The developer has submitted the plat's architectural design criteria for staff review. The proposed criteria objectives of the University Avenue are consistent with the corridor project. The standards will be incorporated into the development agreement. Summarv The proposed preliminary plat is consistent with the City's Comprehensive Land Use Plan. The plat is designed to increase the economic well being of the community, while providing an attractive physical environment. The division of the land into smaller parcels should attract less intense industrial uses which are more compatible with the residential community than heavy industrial uses. The M-2 district incorporates additional setback requirements of 100 feet when adjacent to a residential district. This additional space could be used to create a buffer by installing landscaping and maintaining the existing vegetation. Recommendation to the Planninq Commission Staff recommends approval of Preliminary Plat, P.S. #88-�Z, with the following stipulations: 1. A development agreement be executed between the petitioner and the City Council which includes, but is not limited to: A. Design criteria B. Landscape maintenance C. Tree preservation D. Street and utility improvements 2. A storm drainage plan which either encompasses a comprehensive drainage plan or individual drainage plans for each lot shall be submitted prior to the issuance of a building permit. . 3. The developer shall petition the City to construct and ifnprave the necessary roadways and utilities in order to provide the adequate infrastructure to support the deve]:opment.. 4. Access from 73rd Avenue shall be limited to one driveway. 5. Access from 71st Avenue shall be limited to four driveways. 2S Staff Report P.S. #88-02, Northco Page 5 6. The necessary joint driveway/parkinq easements shall..be executed for Lots 5, 6 and 7 and Lots 7 and 8, Block 2.�.� 7. A revised preliminary plat providing adequate right-of-way at the intersections shall be submitted to the Public Works Department for review prior to preliminary plat review before the City Council. 8. The developer shall submit a proposed plan for driveway access at the curve of the proposed street for Public Works Department review and approval prior to preliminary plat review before the City Council. Planning Commission Action The Planning Commission concurred with the staff recommendation of approval subject to the following stipulations: 1. A development agreement be executed between the petitioner and the City Council which includes, but is not limited to: A. Design criteria B. Landscape maintenance C. Tree preservation D. Street and utility improvements 2. A storm drainage plan which either encompasses a comprehensive drainage plan or individual drainage plans for each lot shall be submitted prior to the issuance of a building permit. 3. The developer shall petition the City to construct and improve the necessary roadways and utilities in order to provide the adequate infrastructure to support the development. 4. Access from 73rd Avenue shall be limited to one driveway. 5. Access from 71st Avenue shall be limited to four driveways. 6. The necessary joint driveway/parking easements shall be executed for Lots 5, 6 and 7 and Lots 7 and 8, Block 2. • 7. A revised preliminary plat providing adequate right-of-way at the intersections shall be submitted to the Public Works Department for review prior to preliminary plat review before the City Council. 8. The developer shall submit a proposed plan for driveway access at the curve of the proposed street for Public Works Department review and approval prior to preliminary plat review before the City Council. 2T Staff Report P.S. #88-02, Northco Page 6 Staff Update . Both residents and commissioners expressed concerns regarding the project's traffic generation and visual impact. The developer presented information which addressed these issues during the Commission meeting. A traffic analysis was conducted by the petitioner which clarified the development's traffic impact. The development will generate approximately 1,300 trips in an out of the site daily. The peak traffic periods will occur between 7:00 a.m. to 8:00 a.m. and 4:30 p.m. to 5:30 p.m. During these periods, 37$ of the total average daily trips will enter or leave the site. Trucks are expected to comprise between 5$ to 8$ of total traffic. The use of 69th Avenue N.E. as an entrance into the business park was also discussed. Residents expressed concern regarding the potential of truck/park user conflict. The petitioner stated that traffic is not expected at this intersection because it's desiqn is not conducive to truck traffic. The visual impact on the residential neighborhood should be minimized due to the City's zoning Code requirement. When a heavy industrial district is abutting a street right-of-way adjacent to a residential district, the minimum building setback is 100 feet. Parking lots are required to maintain a 20 foot setback from the public right-of-way. Therefore, 20 feet of boulevard space will be used for the installation of landscaping. By using berms and plant materials, the building's appearance can be softened. To increase screening further, residents suggested installing additional trees in the boulevard between 73rd Avenue N.E. and the residential service drive. The Public Works Department opposes this idea because maintenance and costs would increase. The petitioner met with City staff on December 15, 1988 to resolve issues identified in stipulation #7 and #8• The petitioner has submitted a plat reserving the necessary right-of-way at intersections. The petitioner has also resolved the intersection design of the proposed street and the existing driveways. The intersection will be signed as a four way stop. The City wi�l retain the right-of-way necessary for the proposed road on�y. •A drawing depicting this intersection will be available at the Council meeting. . City Council Recommendation According to the City's subdivision ordinance, Chapter 211, the City Council is authorized only to review the preliminary plat informally and make recommendations to the petitioner as needed. The City Council shall advise the petitioner of any comments it has �u Staff Report P.S. #88-02, Northco Page 7 in order for the petitioner to revise the preliminary plat and then make application for the final plat. • The subdivision Ordinance requires the City Council to conduct a public hearing on the final plat. 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A•�- \�O �1� P .; s � N .+ « � � �� $� O � i. � ►� g r. ` r � �eV `� \� a^�O � � � r � � � M Y � W �a �a a a� s� o�� , o.. o� �� N $a� � M � .: . � M �I W r �� $a �` a r r � � r- �� N N A N N �O M M A ` ` ` �� u M t t� i O M O� � � O Q �-. �.. � �O� i� .� �� .^ �O :O � {� J M ` � �� : � 3� � 2Z 2AA \( )IZ"I�E�iC:O ,, ,, DESIGN INTENT: NORTHCO BUSINESS PARK DESIGN CRITERIA The purpose of this document is to establish general architectural design guidelines for the Northco Business Park, proposed to be developed by Northco Corporation, located at the intersection of University Avenue and 73rd Street in Fridley, Minnesota. The following criteria provides the architectural framework for construction of industrial buildings facing major streets and the adjacent residential neighborhood. These criteria are intended for the mutual enhancement and benefit of the nearby neighborhoods the com�unity of Fridley and the developer. These criteria are applicable to buildings built on lots abutting the University Avenue frontage road right-of-Way and the 73rd Street right-of-way, with front facade of these buildings parallel to University and 73rd Streets, and side facades visible from these streets. These criteria do not apply to interior lots, rear facades, or more than three of the four principle facades of any building. BUILDING MATIItIALS : 1. 2. Building materials that are encouraged: Brick or materials emulating a brick appearance Natural stone Decorative masonry Exterior tile Architectural metal Decorative and egposed aggregate architectural precast panels Common concrete block and smooth faced precast concrete will be discouraged. COLORS: 1. Natural and neutral field colors are encouraged. • ' 2. Strong, bold and loud colors will be discouraged vith �Che following exception: 1. Accent color stripes and medallions, etc. used to compliment the natural colors when accent colors do not compromise more than seven percent of the exterior facade area, excluding doors and window is acceptable. Northco Corporation 1201 :tifarquette ,Ave., Suite 110 •.�linneapolis, til��,' S5403-?461 •(612) 332-2212 • Fax number. (612) 33?-8909 FENESTRATION: 1. Encourage use of clear and tinted glazing. 2, Discourage highly reflective and mirrored glazing. 3. Encourage anodized, polished metal and architectural coatings on aluminum window systems. ARCHITECTURAL DETAILING: 1. Masonry detailing with accent "soldier" �oarsing where appropriate (architectural window and door headers Will be encouraged). SITE GRADING: 1. Rolling and bermea grading at encouraged where appropriate softening of exterior facades. GET1F�tAL COhII�[ENTS : the base of exterior walls will be to add variations of scale and visual The above architectural design criteria are not all inclusive and are intended to be used with other applicable planning, landscaping, lighting and signage criteria contained in the City of Fridley codes and ordinances. These criteria are provided as a minimum standard of architectural design quality although they are not intended to limit architectural design creativity. It is understood that the application and interpretation of these guidelines are proposed to be implemented by Northco in the reasonable exercise of its judgment as developer of the site. bc601nor.lj 0 � = = � cmroF F�� TO: Fij�OM : DATE: PLANNING DNISI4N MEMORANDUM Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Kathlyn Castle, Planning Assistant December 2, 1988 REGARDING: Preliminary Plat, P.S. �88-02, Neighborhood Meetinq Northco Corporation members held a neighborhood meeting on November 28, 1988 to discuss their proposed plat for the property at 73rd Avenue N.E. and University Avenue N.E. Durinq the meetinq, residents expressed the following concerns: 1. Development's visual impact on the northern residential neighborhood. 2. Type of uses in the business park. 3. Development's effect on Fridley�s tax base. Regardinq item �1, the developer stated that the development's visual impact on the residential neighborhood would be minimal because of site characteristics, landscapinq, building setback and design. Specifically, the northeasterly portion of the site contains a grove of trees which would be preserved and utilized for screening. To the west• of this grove the developer would install landscaping to provide additional screening. The 100 foot required buildinq setback will provide adequate landscaping space and act as a buffer. The developer expects the building to be one story, 20 foot high, similar to the adjacent residences. It should be noted that although the developer has agreed to install adequate buffer materials, the buildings wi11 not be hidden. 73rd Avenue wi11 act as a qateway to the development area. The business park is designed Businesses will consist of manufacturinq. The neighbors permitted outright in the M-2 for companies with liqht industrial type uses. office, warehouse, showrooms, research and did not object to these uses because they are district. A citizen did raise a question concerning the development's effect Qn the surrounding residential property values and the City's tax base. Since the property has been zoned M-2 for'a while, the developi�ent should have no effect on the residential property values. This development, however, will increase the City's tax base. The extent of the increase cannot be determined because specific development plans have not yet been submitted. KC/dn M-88-349 , NORTHCO P.S. #88-02 STIPULATIONS 2DD 1. A development agreement be executed between the petitioner and the City Council which includes, but is not limited to: �� A. Design criteria B. Landscape maintenance � C. Tree preservation D. Street and utility improvements 2. A storm drainage plan which either encompasses a comprehensive drainage plan or individual drainage plans for each lot shall be submitted prior to the issuance of a building permit. 3. The developer shall petition the City to construct and improve the necessary roadways and utilities in order to provide the adequate infrastructure to support the development. 4. Access from 73rd Avenue shall be limited to one driveway. 5. Access from 71st Avenue shall be limited to four driveways. 6. The necessary joint driveway/parking easements shall be executed for Lots 5, 6 and 7 and Lots 7 and 8, Block 2. 7. A revised preliminary plat providing adequate ric�ht-of-way at the intersections shall be submitted to the Public Works Department for review prior to preliminary plat review before the City Council. 8. The developer shall submit a proposed plan for driveway access at the curve of the proposed street for Public Works Department review and approval prior to preliminary plat review before the City Council. � � � � C0�1/1MUNI'i'Y DEVELOPMENT DE PART'1V��N1' M EMO RAN D LIM _ _ �.-. T0: William Burns, City Mana er "�� g � FROM: DATE: REGARDING: Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator December 8, 1988 Variance, VAR �gg-26 � Stylmark, 6536 Main Street N.E., is requesting consideration o� a variance to reduce the front yard setback from 100 feet to 47.9 feet to allow the construction of an office addition. The Appeals Commission recommended approval with four stipulations. Staff recommends the City Council concur with the Appeals Commission action and approve this request. JR/BD:ls M-88-372 �J 3A P . r: � STAFF REPORT ;�;: APPEALS DATE t�tov�aber 15, 1988 QF PLAtWNG COMVNSSION DATE Deae�er 7, 198s • � DLEY CITY COUdC�. DATE �� , 198$ �� EC�UEST :'ERMIT NUMBER �PPLICANT 'ROPOSED REQUEST '.00ATION SlTE DATA �izE �ENSITY �RESENT ZONING 4DJACENT LAND USES 8► ZONqVG JTLRIES 'ARK OEDlCATlON ANALYSIS �iNANCIAL IMPUCATIONS ��"�ONFORMANCE TO COMPREHENSNE PLAN ��:OMPATIBUTY WITH ` ADJACENT USES 8 ZONNG ENViRONMENTAL CONSIDERATIONS STAFF RECOMMEt�ATiON APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENDATION VAR #88-26 stylmazic Zb rediyoe the front yard setbads required far an ind�trial builc'iing adjaoent to a resic7Qntial district fzvm 100 ft to 47.9 ft. 6536 Main Street N.E. 9.3 acre.s 16$ lat ooverage NF-1, Light Industsial N: Nf-1 E: F�-1, F�3 s: rf-1 w: �-1 Available N/A N/A Yes Yes Aesthetic purposes See Staff Aepo�t Approval with stipulatio�s ,�.1• K *t=�.1 � � Staff Report VAR #88-26 Page 2 A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.17.03.D,(4),(a), requires any building in an industrial district abutting a residential district to be no closer than 100 feet to a street right-of-way line. The public purpose served by this requirement is to provide adequate open space areas around industrial structures for aesthetic and fire fighting purposes. B. APPLICANT'S STATED HARDSHZP: "Existing building is at this setback." C. ADMINISTRATIVE STAFF REVIEW: The petitoner, Stylmark, is requesting a variance which would reduce the front yard setback required for an industrial building adjacent to a residential district from 100 ft. to 47.9 ft. Stylmark is proposing to construct an addition which would conform with the existing front building setback and utilize the current building layout. The addition will provide additional office, cafeteria, and bathroom facilities. The City has previously approved two similar requests for this property. The first variance was granted in August, 1973, which reduced the front yard setback from 100 ft. to 41.9 ft. for the construction of an office addition. Another variance was approved in November, 1985, which reduced the front yard setback from 100 ft. to 82 ft. to construct a warehouse addition. Stylmark is situated on 9.3 acres of industrial land. The existing building is located on the southern end of the site and covers 16� of the parcel. This location provides ample expansion opportunities to the north of the building without the necessity of a variance; however, by expanding to the north, the petitioner could not utilize the building's existing floor layout. The northern section of the buildinq mainly houses the manufacturinq and warehouse activities�while office activities are located in the building's southeast section. To utilize the existing floor layout efficiently, the proposed location of the office addition is the most logical. Therefore, the hardship is actually created by the building itself and not the site's characteristics. 3B 3C Administrative Staff Report VAR �88-26 Page 3 This proposal complies with all other applicable zoninq requirements except for parking supply. Currently, the site contains 95 spaces, 77 of which are used by its 77 employe�s. The proposed addition would increase the number of spaces required from 110 to 116. Due to the actual number of employees, the application of this ordinance may be invalid. The Zoning Code bases the parking demand on the square footage of uses within a building rather than the number of employees. Staff suggests that the petitioner submit a site plan at the time of building permit application which would delineate a 21 stall parkinq lot for future use if a parking shortage does occur and is deemed necessary by the City. If approved, staff recommends the following conditions be attached to the permit: 1. The addition be architecturally compatible with the existing building. 2. The applicant shall submit a landscape plan to the City Staff for a review and approval prior to the building permit issuance. The plan shall increase the parking lot screening from public right-of-way. Landscaping shall be installed by June 1, 1989. 3. Prior to building permit issuance, Stylmark shall submit a site plan which would delineate a 21 stall parking lot for future use if a shortage of stalls occurs and is deemed necessary by the City. 4. Future building expansion shall occur to the north to minimize the need for future variances. D. Appeals Commission Action On November 15, 1988, the Appeals Commission recommended approval of Stylmark's variance request, VAR #88-26, subject to the following stipulations: . l. The addition be architecturally compatible with the existing building. 2. The applicant shall submit a landscape plan to the City Staff for a review and approval prior to the buildinq penait issuance. The plan shall increase the parkinq lot screening from public right-of-way. Landscapinq shall be installed by June 1, I989. Staff Report VAR #88-26 Page 4 3. Prior to buildinq permit issuance, Stylmark shall submit a site plan which would delineate a 21 stall parking lot for future use if a shortage of stalls occurs and is deemed necessary by the City. 4. Future buildinq expansion shall occur to the north to minimize the need for future variances. E. Recommendation to the City Council Staff recommends the City Council approve variance, VAR �88- 26, to reduce the front yard setback from street right-of-way abutting a residential district from 100 feet to 47.9 feet to allow the construction of an addition to the existing building at 6536 Main Street (Stylmark) with the followinq stipulations: 1. The addition be architecturally compatible with the existing building. 2. The applicant shall submit �a landscape plan to the City Staff for a review and approval prior to the building permit issuance. The plan shall increase the parking lot screeninq from public right-of-way. Landscaping shall be installed by June 1, 1989. 3. Prior to building permit issuance, Stylmark shall submit a site plan which would delineate a 21 stall parking lot for future use if a shortaqe of stalls occurs and is deemed necessary by the City. 4. Future building expansion shall occur to the north to minimize the need for future variances. 3D 3E �� p�►LS ca�ssiaa, r�av� is, �9s8 c.Ar�, To o��: C7�airpers� Barna called the Navpmber 15, 1988, Appeals Cannissirn meeting t,o order at 7:30 p.m. . RfJLI., C�LZ, : Di��i�ers Present: Alex Barna, Diane Savaqe, itenrieth Vos, Jerry 5herek, Larry Kuechle Menbers Absent: None Others Present: Darrel Clark, Chief Building Official Ernie Otto, Stylmark Donn Mooty, Stylmark r RPPROVAL OF OCZ!OBER 11, 1988, APPF�ILS OCNMISSICN N�TIl�IG: NK7rI0N by NLs. Savage, secoryded by Mr. Sherek, to appzrnre the Oct�caber 11, 1988, Appeals Com;tission meeting to approve the Octaber 11, 1988, Appeals Ccmnissi� meeting minutes approved as written. UPON A VOICE VOTE, ALL VOrTING AYE, CHAIl2PIILSaN gAFti� DDCI,AFtID TI� MOTIOI'd CARRIID UNANIl�90GSLY . CONSIDE�2ATION OF A VARIANCE RE¢7FST. VAR #88-26, BY DOIa1 NyOUTY: Pursuant to Section 205.17.03.D, 4, a), of the Fridley City Code to reduce the front yard setback from a street ric�trof way abutting a residential district fran 100 feet to 47.9 feet to allvw the oonstructioai of an addition to the exist- ing building on Lots 2-10, Block 6, Rioe Cree�c Plaza, South Addition, the same being 6536 Main Street N.E. (Stylmark). MCmION by Mr. Kuechle, seoonded by Ms. Savage, to apen the public hearing. UPON A VOICE WTE, ALL Vb►TING AYE, Cf�4IRPER�SON $�► DDCLARED TiIE PUBLIC I�ARING OPIIV AT 7:06 P.M. Chairperson Barna read the Ac�ninistrative Staff Re�rt: . ACMIlVISPRATIVE S'rP,F�' Ri?�POKr 6536 Main Street N.E. VAR �88-26 A. PUffi,IC F�(JRPOSE SII�7ID gy R�Q[JIgII�Np: Sectio�ri 205 .17.03.D, (4) ,(a) , requires any buildinq in an industrial district abuttinq a residential district to be no closer than 100 feet to a street right-of-way 1ine. 3F APPk�I.S C�QM�SISSICH�] NIE�T]NG, r�ov� i5, 1988 PAGE 2 P�lic purpc»se sezved by this z�uix�ent is to pzwide adequate c�pesi spaoe arnas around industrial stnictaues fo� aesthetic and fire fic�ting PurPoses• B. STA'PID F�SiIIP: "bcisting buildiryg is at this setback�» C. P►II�LIl�IISTRATIVE STAFP' R�T4�1: The petitianer,3tY]mark, is z�equesting a vari;ar�ce which w�o�uld reduoe the front yard setbadc x+equired for an industrial building adjacent to a residential district from 100 feet to 47.9 feet. Stylmark is proposinq to oonstruct an additian wi'iich would c�foan with the existi.ng front buildinq setback and utilize the current buildsng layaut. Th�e addition will provide additional office, cafeteria, and bathrt�am facilities. - The City has previaLSly approved t�ro similar requests fram this property. The first variance was qranted in p,ugust 1973 �ich r�duced the frant yard setback fram 100 feet to 41.9 feet far the oonstn�ction of an office addition. Another variance was appz�aveci in Nove�er 1985 which reduced the front yard setbacic fran 100 feet to 82 feet to constxvct a�rarehatse additicn. A variance is justified if ti�e strict application of the zoning ordinar�ce wnuld cause undue hardsfiip for tf�e property a�mer because of the site's characteristics. Stylmark is situated on 9,3 acres of industrial land. The existing building is located an the southern es�d of the site and vo�vers 16$ of the land. This locati� pmvides anQle e�ar�sion opportunities to the north of the building withwt the necessity of a varian�ce. If this ar�a was used to e�ar�d, ti�e petitioner could not utilize tt�e e�cisting floor layaut. Therefore, the �+a,�-4�±;p is actually created by the building itself a�d not the site's ci�aracteristics. Consideration should be qiven to this but also to the fact that t�o similar requests have been previously approved for this property. This p�aposal ocnplies with all c�ther applicable zoning rec�irements exoept for pa.rking s�ply, Clarrently, the site contains 95 spaoes, 76 of �idZ are used by its 77 s�ployees. Rl�e proposed additian wculd increase t�e n�m,ber of spaoes required fran 110 to 116. Due to the actual :nmiber of e�layees, the applicatian of thi.s ordinanve may be irnralid. Staff suggests that the petitia�er sut�ti.t a site plan at the time of buildinq pezndt appli�a- tio� �ich would delineate a 21 stall parking lct for future use if a. parki,t�g shortage does oocur and is deemed neoessary by the Cit�. ' . If appraved, staff reoam�enas the follawing canditioa�s be attac3�ed to the Pezmit: I. Ziie adciition be architecturally oatpatible with the existinq buildinq. 2. �e applicant shall submit a lar�rlscape plan to the �ty Staff for a review �nd aPPz�va2 priar bo the buildirxl Permit issuar�oe. Zl�e plan shall inc�+ease the e�o.stinq P��4 � s�ing fzam public rightrof-way. Iarxiscapir�q to be ins�y� � Jtiu�e 1, 1989. 3G APPEALS CONMISSION N�TING, N0� 15, 1988 PAGE 3 3. Prior �o building peanit issuance, Sty]mark shall st�mit a site plan which w�ould delineate a 21 stall parking lot for future use if a shortage of stalls occurs ar�d is deaned necessary by the . City. � 4. Ft�ture building e�ansion sfiall oacur to the r�rth to minimize the� � need for future variances � the south sicSe. Mr. Clark shaw�ed an aerial photo of the property. Iie stated Stylmark is praposing to construct the new office additiori at the sa�e frcmt yard setback as the origi.nal buildir�g. He stated Mr. Otto and Mr. Mooty were at the meeting to arL�aer any questions the Conn�issianers might have. Mr . C]_ark sho�w�ed an elevation of the property and a layout showing tt�e existing characteristi.cs of the present offioe area. It demonstrates that if they are going to add office space, the proposed locat.i.on was the most logical one. Dr. Vos asked what kind of relatio�ship Stylmark had with its neighbors. Mr. M�ooty stated they have a very good relationship with their neight�ors. As far as he knew, they have never had any problem� with t1�e neighbors. MO�I'ION by Dr. Vos, seconded by Mr. 5herek, to close the public hearing. UPON A WICE VOTE, AI�L V�ING AYE, Ci�IRPERSON BARNA DDC'LARID Tf� PUBLIC F-�ARII�U CTASID AT 7:55 P.M. Mr. Kuechle stated he lives in this general area, althouc� not on Main Street. He stated he thaught Stylmark was a vezy nice loaking business with clean, w�ell kept grounds. I� would be in favor af revo�mendi.ng approval of the varianae with stipulations. Mr. Sherek stated this looked like a good plan, and Stylmark has been a gaod neighbor in Fridley's ccam�ercial c�a�nuiity. He would wte in favor of the variance . Ms. Savage stated she also agreed. The buildi.ng is very attractive, and it c�oes not intrude into the resid�ntial area. 4d�at Stylmark is req�yesting is a setback that is already existing arith the original builaing. Sh+e coul.d see n� reascn t� derYy the variar�ce when, on two previous occasians, variances were , granted. She wvuld be in favor of the varianoe. -. • Dr. Vos stated this was a reasonable request, and Stylmark was keeping the sit,e lines the same on Main Street. He would wte in fawr_of the variance a1s�- Mr. Barna stated he was also in fawr of reconmer�ding appraval of the vari.ance. The building would look nioe architecturally. 3H APPEAIS OCNl�IISSION MEETII�, I�7i1II�R 15, 1988 PAGE 4 MO►rION by Dr. Vos, sev�nded by Ms. Sa�vacJe, to recc�crne�xl to City Cour�cil apprWal Of variance request, VAR #88-26, by Donn Nboty, pursuant to Sectioci 205.17.03.D,(4),(ay, of the Fridley Gity Code to redu�ce the fi^ait yard setback from a street right-af- way abutting a residential district gran 100 feet to 47.9 feet to allow the ' oonstn�cti� of an addition to the eadsting buildinq on Lots 2-10, Blocic 6, Rice �reek P1aza, So�th �ddition, the saane being 6536 Main Street N.E. (StylmaYic), with the foll�ing stip�lations: 1. 'The addition be architectuxally va�Qatible with the existing b�uildir�g. 2. �e applicant shall sLfimit a landscape plan to the CYty Staff far a review and appraval prior t,o the %uildir�g permit issuanoe. Zt�e pla� shall in�crease the existi.ng parkinq lot .sc�ning fraa public rightrof-way. Iandscapi�g to be 7 TiC talled by J�e 1, 19 89 � 3. Prior to building permit issuanoe, Sty]mark shall submit a site plan �ich would delineate a 21 stall parking lot for future use if a shortage of stalls occurs and is deemeci ne�essary by the City. 4. �.iture buiTding expansio�n st�all oocur to the rwrth to minimize the ryeed for future variances on the south side. � •• • �I • • I M n r•�• �1• •. :• -� P � �M • - �� 1 ,• �' • •1• �� ►• t ,� `f Mr. Clark. stated this itezn w�ould go fio the City Coiuicil on December I9, 1988. CONSIDII2ATION OF 1989 CQNMISSIC�1 MEETIl�iG� DAZ� : rrnzorr by r1s. sa�age, seconaea by rsr. xuechle, to approv�e the 19a9 Appeals CoRmissian meeting dates as presented arith the folla�ring change: octaber 31 to be changed to OctAber 24. UPON A VOICE VOrI'E, ALL VOTING AYE � CEIl�B2PER9C7N BAF�+F� DDC��D Tf� MUTION CAiatIID UI�,NIl�OUSLY. •� � - �� MOTION by Mr. 5herek, seoorx3ed by Mr. Iduedile, tA adjourn the meetinq. Up�n a v�oice vote, all voting aye� Chairpersai Barna declarecl ti�e Nav. 15, 1988. APP�� Camtiission meeting adjourn,ed at 7:55 p.m. Respectfully suui�mmitted, . v �,/ 'r /- c ' CL �t�-� L ' Saba Reoording Secret.ary -. � - � :r .y VAR �88-26 � � ; � / '� w. , "`w. [�w� �,5p� � • � � � : ��!'� ,� �i ' � . . i,�j� . -„� � M f '`` � ,*� , . i �� N'w '�� • " �f � �� ,.r.��1 +r fr : �`�'� . • ` `% �� %�� . i ' ' '� 4 � � R� ' � " �� ! /� , � , � i � f� �� - �� 1 (� '�i � , � � � ��so .;�" : tb► n�� • ' , . �� ,�� L 7 O . � p ��' 6��3 �� ` �' A /� ' �i 1 f�ol r :: � *�.� W . , .�� ,;o �� A �yE � � , r"� ��30 , �� y { /� ` W � � �¢> '� �i�� .e � Q � � hr� / � l�i �JF `��r•w.r � �t `7J' � � , %,) � � + s.) u �� f�) � ; M �7�� /s '� !- . � <� � ,a.� „ P�: � t11��,� , �p ,� Q i r "N a• F� ' ��rJ ar,w i (31,i �� ' �`�-�� . a ,.�,�, _ , , �, � �1�0 . �� m ro f,, ` , o �l - 8/ `A f�� O 1 •qr ' � � . � .. . 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MrY 4 Mr R•� 6w� M.� i.e� rW �tw �rrNM r 11� �y� M/ w IIY �/ �f�w Iw 11� OIIIw M 1� �4Y d � Irw. pr�7 N r.r wiYw .rr/ wf KO h�� M tiY N�� . /YIr/ Y M� Gr' i�� MIN� 14Uby �/%w�� r�U W� M� W� 1M�i 1� �I Ilb �Y Or Y/ M 1� ��W �li�'� . �//�� Y�4 �M. �w�{ YI(IM� b Ir{/�� M. IW 6�a ^�i Yjy� M �wb M ��. • - • r M Yb /r�4 M M� M�N+M Mr^ Mr ��/ ./WI� �A u .ti, r.. � .. �u rr. .. �.q.. y � w�. aq� �r .i 4�t'1� � � . � -- . � �.�wn., w.. y r w� r�'1VrV�GY I'�Y.VI � M� � '.'. r•M� •. sM S iTE PLA N I ,�� VAR �88-26 Stylmark �11�0 � � I1��1 �� $n t � � . S '--"°".�,r`==_' �:---- � � .. r�. ,�.::. F -J ' •...: • p � 1. � y � i �� 'I �� 1 , � x `,!'f_- : � � r � `�'�, ic`"'� I � �. � l� :�� .,; �, - . i - • '� . — - r: j ; � r-------,I �! � i �I _� � , � _ �,� , _ � �; --�— - -� �� .�.r� .-,,.; , � � � �---' - - � �a �: �" :........ .......... , ........ �NN��\� � \ F '��N�� P . \ t i { .�qeN��w�.�Jl 1� `� �� .. • // _ // j .:: ... � � : .+ _�. . � _ �.�.i�,�., . - -- _ _ w ■.�� . � - - 3K rl'� � .�.�i � , J�� ' ,�� h ��"�!l''�<� � �� - ' �, � r� ' ^.t �, � �. � � �, � . ti � � � � �6 y . �. � ae �- � � �� .� :� � i� =1�� __ __ ':fi, � � ! =_ t�, � � � � �• w '�' r ■ / � ` \ � � � ! T �- , � 5 :; y 7 [`� l r . � ('_ d i� r� � � i� �� :� VAR �88-26 Stylmark '1 . , .. �. ': �� . '' ' � �■ �. � � .■.■ w.■ 3L STYLMARK VAR #88-26 STIPULATIONS 1. The addition be architecturally compatible with the existing building. �� 2. The applicant shall submit a landscape plan to the City Staff for a review and approval prior to the building permit issuance. The plan shall increase the existing parking lot screening from public right-of-way. Landscaping to be installed by June 1, 1989. 3. Prior to building permit issuance, Stylmark shall submit a site plan which would delineate a 21 stall parking lot for future use if a shortage of stalls occurs and is deemed necessary by the City. 4. Future building expansion shall occur to the north to minimize the need for future variances on the south side. � � 3M � � unroF F� �� TO: FROM: DATE: C011IiMUNI"fY DEVELOPMENT DEPART'1V�ENT' MEMORANDLIM c�. William Burns, City Manager� � Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator December 15, 1988 REGARDING: Consideration of Contract with Health Planning and Management Resources, Inc. for Senior Housing Study and Survey Attached for City Council review is the proposed contract with Health Planning and Management Resources, Inc. to conduct the senior housinq study and survey. Total contract expenses will not exceed $12,000. The contract has been written such that expenses (postage, survey printing, envelopes, mailing lists, mileage and report duplication) will not exceed $3,500. This also includes mailing approximately 1,500 - 1,800 surveys. The remaining $8,500 will compensate the consultant for the demegraphic analysis, mailing of the survey, completion of the focus groups and preparation and presentation of the final report. The HRA, at the December 8, 1988 meeting, agreed to defray the study costs up to 50$ of the total contract, but not to exceed $5,,000. The City Council will therefore be responsible for $7,000. We recommend the City Council approve the contract as presented. BD�'dn M-S�8-378 0 �] 4A Health Planning & Management Resources, inc. LETTER OF AGREEMENT HEALTH PLANNING & MANAGEMENT RESOURCES, INC. AND THE CITY OF FRIDLEY, MINNESOTA AND FRIDLEY HOUSING AND REDEVELOPMENT AUTHORITY Health Planning & Management Resources, inc. (HP&MR) agrees to perform the work defined in Proposal tor Consulting Assistance for the City Qf_ Frid�ev, Minnesota, dated December 2, 1988. All work performed by HP&MR is the property of the City of Fridley and the Housing and Redevelopment Authority and can be used in any manner desired after completion of the consulting engagement. This includes the survey instrument that is used. �ees for performing the work will be $8,500 and paid according to the foflowing schedule: Initiation of contract $2,000.00 Completion of Phase f $2,500.00 Mailing of survey & focus group completion $2,500.00 Completion of final plan $1,500.00 Prime Professional Center 4970 Lincoln Drive Edina, Minnesota 55436 612-935-b077 LETTER OF AGREEMENT HEALTH PLANNING & MANAGEMENT RESOURCES, INC. AND THE CITY OF FRIDLEY, MINNESOTA FRIDLEY HOUSlNG AND REDEVELOPMENT AUTHORITY (page two) Expenses will be billed as incurred and include postage, printing of survey and envelopes for mailing, survey mailing list, computer anafysis, mi(eage at $.30 per mile, and duplicating of reports. The postage will be directly dependent on the number of pieces of mail that are sent for the survey. Expenses will not exceed $3,500.00. This assumes that a maximum of 15 copieS of all reports are delivered. � � C, . � v ��, �. � �,� Patricia A. McCullough Health Planning & Management Resources, Inc. William Burns, City Manager City o#,Fridle� , /� �� . „ , Jo L. Roberrsbn, �xecutive Director � Fr' ley Housing and Redevelopment Authority I�- 3 � Dat Date ��) 1 �7 _'. �� Date 4B . . .. rr •. � � G1YOF F[tlDLEY C011ILMUNITY DEVELOPMENT DEPART'IV�ENT MEMORANDUM TO: William Burns, City Manager �/� �' FROM: DATE: REGARDING: Jock Robertson, Community Development Director December 14, 1988 Extension of Street Vacation Agreement with Target, SAV �84-05 In 1984, Target acquired a 54 acre parcel west of the existing 22 acre parcel on Trunk Highway 65, between 71st Avenue and 73rd Avenue. The site is to be used for a doublinq of the existinq 400,000 square foot buildinq. In connection with the expansion, it was necessary to enter into an agreement with Target to vacate Able Street and to relocate the street to the westerly perimeter of the property. The four year street relocation agreement was approved by both parties on January 21, 1985. The Target expansion has been delayed beyond its original completion schedule, and therefore the street location agreement must be extended. No other changes in the original agreement are required. I have attached amendment language agreed to by legal counsel for Target and by our City Attorney. We recommend its approval. JLR/dn M-88-377 0 e 5 � V � �I�,j, �1„�� pg ��ggT ggLOCATION AGREE�NT This First AmeMdment ot Street Relocabi��wQenrthesCitys entered into as ot pf Fridley ("City") and Dayton Hudson Corporatian, a . Minnesota corporation ("DHC"). g 8 C I T A L S l. The�e�iReloCdtion Agreemant�dated astot Januaryt2lt certain Str 1985. Z, The parties now desire to amend the street Relocation Agreement. NoW THEREFORE, the parties aqroe as tollows�: 1. Paragraph 3 oP tha Street Ralxation Aqreement ia amencled by deletinq in tho fourth line thereet the words ��within Pour (4) years o� ths date oi this AgreemenN" and insertinq the words "on or belor� January 21, 1990. 2. �n all athar respedtand altirmedt Relocat�on Agreement is hereby ratifi IN ntTpfSgtreetERelocation Agreement toubadexecutedras Amendme of th� date set forth above. CITY OF FRIDLEY By: Name t , and Title: L, By: Nam�: Title: 111488/DOC2/STREET DAYTON HUDSON CORPQItATION gy. . Names Titla: and By• � . . Names Titie: �� `� 5B� STATE eF MINNESOTA ) ) s�. COUNTY OF Anoka ) The foregoing instrument was acknow2edged bePore me this day of , 1988, by and by , respec�ively the Mayor and the City Manager o� thQ City o= Fridley. ,• . Notary Public S'1'ATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPYN � The foreqoing instrument was acknowledqed before me this � � dAy of , 1988, by � and the and of Dayton Huason Corporation, a ! Minnesota cozporation, on behalP oi the corporation. t Notary Pub2ic � � � cmroF F�a� T0: FROM: DATE: C011/WiUNITY DEVELQPMENT DEPARTMENT' M EMO RAN D UM William W. Burns, City Manager�� City Council Jock Robertso Community Development Director Lisa Campbel��Planning Associate December 14, 1988 REGARDING: Lease Agreement/Recycle Minnesota Resources (RI�II2) Redemption Drop-off Site, 71st and University Avenue N.E. Attached please find the proposed three year Lease Agreement between the City of Fridley and Recycle Minnesota Resources. The lease agreement is a renewal of a one year lease negotiated November 1, 1987. This previous lease had a three year renewal clause and was signed by the former City Manager, Nasim Qureshi, and Mayor Nee. Under the proposed promoting the site. for the operation ar. assist the City ir. compost site. lease agreement, the City is responsible for Recycle Minnesota Resources is responsible 3 maintenance of the site. R1�II2 staff will also maintaining and monitoring the use of the There are two significant additions to this lease agreement. The first is that the City will allow R1rII2 to build a small storage area to the east of the existing structure. City Council approval would be required before RMR could beqin building; however, staff recommends waivinq City permit fees (Section F.III.B.2). Also, the City would work to improve security at the site. There have been two break-ins at the site in the last three months. 'Under this proposed lease, the City would agree to install additional fencinq at the south end of the site as determined by the Public Works Director (Section F.III.B.3). . Recycle Minnesota Resources has performed weil under the previous agreement. It is staff's recommendation that the City Council approve this lease agreement for November 1, 1988 - November 1, 1991, and the required signatures be.executed. Should you have any further questions regardinq this matter, please contact Lisa Campbell at extension 170. JR/LC:ls _, Attachment M-88-366 � LEASE AGREEMENT THIS LEASE AGREEMENT made and entered into this day of , 1988, by and among Recycle Minnesota Resources, Inc., a Minnesota corporation (herein called "R1�Il2") and the City of Fridley, a municipal corporation organized and existing under the laws of the State of Minnesota (herein called "the City")-.� RECITAIS NoW, THEREFORE, in consideration of this agreement, the City and RMR acknowledge that the lease agreement was approved for transfer and that they will abide by the provisions and amendments to this lease agreement as provided herein: A.. Section I. entitled, TERM OF LEASE AND CONSIDERATION, shall be amended as follows: The term of this lease shall be for the period of three (3) years, beginning November 1, I988, and ending November 1, 1991. The lease may be renewed for an additional two (2) year period upon written notice, 60 days prior to the end of the lease period, and upon approval by the City. In consideration for which RI�2 shall pay as rent to the City, the sum of One Dollar ($1.00), other good and valuable consideration, and the mutual promises by and between the parties, sufficiency of which is hereby acknowledged. B. Section II.A entitled, HOURS OF OPERATION, shall be amended as follows: RMR shall provide year-around manned recycling redemption service at the leased premises, 40 hours per week, Tuesday through Saturday, from 9:00 a.m. to 5:00 p.m., September through May. Summer hours will be Tuesday, 11:00 a.m. to 7:00 p.m., and Wednesday through Saturday, 9:00 a.m. to 5:00 p.m., June 1 through August 31. The hours shall be subject to severe weather conditions or holiday closings. Yard waste drop-off hours of operation will coincide with the regular hours of the site. Yard waste will be accepted seasonally as determined by City staff. R1rII2 staff will assist the �ity.in enforcing the yard waste drop-off hours. • Section II.B. entitled, OPERATION PROCEDURES,.shall be amended as follows: RMR shall operate the Ieased premises by providing the following services: 6A • � AMENDMENT TO LEASE AGREEMENT Page two 1. In the course of acquiring materials, R1�IIt shall pay for the redemption of: aluminwn, bi-metal and steel beverage cans; aluminum foil; brown, green, and clear glass bottles and jars; and plastic (PET) pop bottles. Redemption rates shall fluctuate dependent upon current market prices. R1�II2 shall receive without obligation to purchase: newspaper, cardboard, and metal food cans. Acceptability of all materials will be subject to preparation requirements established by RMR and posted at the drop-off site. 2. Utilize civic organizations in organizing paper and can drives and other projects as the need arises. 3. Work with the City to provide negotiable services for a household hazardous waste collection program in conjunction with the City and the Minnesota Pollution Control Agency (MPCA) at or adjacent to the leased premises. 4. Pay all utility, telephone, personnel, and operational costs associated with the maintenance of the premises. 5. Provide an on-site office for receiving customer inquiries and complaints. C. Section II.C. entitled, MANAGEMENT PROCEDURES, shall be amended as follows: RMR shall be responsible for all management of the leased premises including, but not limited to: maintenance of property and equipment, utility payments, licensing fees, customer inquiries, redemption rates, collection, transportation, and the sale of materials. D. Section II.D. entitled, ACCOUNTING PROCEDURES, shall be amended as follows: RMR shall keep accurate tonnage weight tickets for every recycled material hauled from the leased premises. This daes not include waste oil and yard waste. RNIIZ sha1T provide t•he City with quarterly tonnage reports of all material recycled. RI�t will inform the City of Fridley on a quarterly basis of any market price changes for materials purchased at the drop- off site. sc AMENDMENT TO LEASE AGREEMENT Page three E. Section III.A. entitled, PROMOTIONAL PROCEDURES, shall be amended as follows: . The City shall provide limited advertising and promotion for the leased premises including: distribution of flyers �and advertising through City media. F. Section III.B. entitled, PROPERTY IMPROVEMENTS, shall be amended as follows: The City shall provide the following property improvement to the leased premises: 1. Portable facilities will service the sanitation needs of the site as determined R1rII2. The City will provide the site with a hose for watering the yard compost pile. 2. A small storage area will be allowed at the east end of the existing building. The storage area must be approved by the City Council before Rl�t may begin building. 3. The City will work to improve security at the site. Additional fencing will be provided on the south boundary of the site as determined by the Public Works Director. G. Section III.C.1. entitled, MAINTENANCE OPERATIONS, shall be amended as follows: The City shall assist RI�2 in the yard waste composting program by turning the compost pile as required. H. Section VIII. entitled, TERMINATION OF LEASE, shall be amended as follows: A. Upon an event of default by either party under this agreement, the other party must give sixty (60) days written notice of the defaulting party. If the event of default has not been corrected within sixty (60) days, then all rights and obligations under this aqreement shall be terminated in 90 days. - B. Upon termination of this lease, the tenant relinquishes any right or claim of interest to structures currently located on these premises. . � AMENDMENT TO LEASE AGREEMENT Page four CITY OF FRIDLEY William J. Nee - Mayor William W. Burns, City Manager RECYCLE MINNESOTA RESOURCES, INC. David Locey - President Witness 7 CITY OF FRIDLEY DiE�iO RANDIIK �` �' TO: WILLIAM 11. BIIRNB, CITY Ml�iNAGER �' FROM: RICHARD D. PRIBYL, FINANCB DIRECTOR SIIBJECTt RE80LIITION FOR ICM!► DATB: DeCemb�r 14, 1988 Attached you will find a resolution that ICMA has requested that we pass at the December 19, 1988 Council Meeting. This resolution is to some degree a housekeeping item, but is absolutely necessary if we are to continue our involvement in the ICMA 457 Deferred Compensation Plan. A representative from ICMA has explained to me that as of January l, 1989, ICMA must abide by the Securities and Exchange Commission rules along with all IRS rules and regulations. Because of the ICMA's heavy involvement in securities, they have become a broker dealer and as such have to follow all rules and regulations associated with SEC requirements. One of those requirements is that all members that contribute funds to ICMA must be part of the ICMA Trust and have authorized the attached resolution. The consequences of not signing this resolution and thus not being a member, would cause our ICMA 457 Plan to be terminated on December 31, 1988 and all funds would be returned at that time and taxable to all participating employees. By executing this agreement, we become part of the voting membership of ICMA. We would then participate in the organizational structure and ultimately as a member of the Trust, we would participate in the control over the management of the funds. We would also participate in the election of the trustees who conduct business for the Trust and carry on its operations. . If you have any additional questions regarding this resolution, please feel free to call. Attachment RESOLIITION NO. - 1988 A RE80LIITION AIITHORISINt3 THE EBSCIITION OF THE DECLARATION OF TRIIST OF THE ICMA RBTIREMEI�1'1' TRIIST WHEREAS, the City of. Fridley has employees rendering valuable services; and WHEREAS, the establishment of a deferred compensation plan for such employees serves the interest of the City of Fridley by enabling it to provide reasonable retirement security for its employees, by providing increased flexibility in its personnel management system, and by assisting in the attraction and retention of competent personnel; and WHEREAS, the City of Fridley has determined that the establishment of a deferred compensation plan to be administered by the ICMA Retirement Corporation serves the above objectives; and WHEREAS, the City of Fridley desires that the investment of funds held under its deferred compensation plan be administered by the ICMA retirement Corporation, and that such funds be held by the ICMA Retirement Trust, a trust established by public employers for the collective investment of funds held under their deferred compensation plans and money purchased retirement plans; NOW, THEREFORE, BE IT RESOLVED, that the City of Fridley hereby executes the Declaration of Trust of the ICMA Retirement Trust, attached hereto as Appendix B. BE IT FURTHER RESOLVED, that the City Manager shall be the coordinator for this program and shall receive necessary reports, notices, etc. from the ICMA Retirement Corporation or the ICMA Retirement Trust, and shall cast on behalf of the City of Fridley, any required votes under the program. Administrative duties to carry out the plan may be assigned to the appropriate departments. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1988. WILLIAM J. NEE, MAYOR ' ATTEST: SHIRLEY A. H.AAPALA, CITY CLERK 7A DEC�ARATION OF TRUST OF ICMA RETIREMENT TRUST ARTICLE I. NAME AND DEFlNITIONS Sectlon 1.1 Name: The Name of the Trusc, as amended and res�ated hereby, is the ICMA Re6remeM Trust. Sect(on 1.2 Deflnitlons: Wherever they are used herein, the fdlowing terms shall have the following respective meanings: (a) By-l.aws The By-Laws referred to in Secbon 4.1 hereaf, as amended from time to tima (b) Deferred ComPensation Plan. A deierred comPensaUOn P�an established and maintained by a Public Emplayer for the purpose of provid�n9 rebre' ment income and other deferred benefits to its employees in accordance with the provisions of section 457 of the Internal Revenue Code of 1954, as amended. (c) Employees. Those employees who participate in Qualfied Plaru. (d) Employer Trust. A trust created pursuant to an agreemern between RC and a Public Employer tor the purpose of invesOng and adminfstering the funds set aside by such Employer in connection with its Deferred Compen- satio� agreemerits with iLS emplvy�ees or in conneCtion with itS Dualified Plan. (e) Guaranteed Investmerrt Contr�t. A comract entered inro by the Retire� ment Trust with insurance companies that prwides for a guaraMeed rate of return on irrvestments made pursuant to such contract. (� ICMA. The International City Management Associadon. (g) ICMA/RC Trustees Thase Trustees elected by the PuWic Emplayers whq in accordance with the prwisions d Secdon 3.1(a) hereof, are also mem- bers of the Board of Directors � ICMA or RG (h) Investment Adviser. The Irnestrnerrt Adviser that enters irrto a ContraCt with the Retirement Trust to provide advice with respect to investrriern of the Trust Property. (i) Portfolios. The Portfolios of investmenLS established by the InvestrneM Adviser to the Retirement Trust, under the supervision of the Trustees, for the purpose of prwiding investmerns for the Trust PropeRy (� Public Emplayee Trustees. Those Trustees elecied by the Public Emplayers who, in accordance with the provisions of Section 31(a) hereof, are full-time emplayees of Public Employers. (k) Public Emplayer Trustees. Public Employers who serve as trustee.a of the �ualified Plans. p) Public Emplc�yer. A unit of state or local gwernmerrt. or any agenc.y or instrumentality thereof, that has adopted a Deferred Compensatio� Plan ot a �ualified Plan and has e�cecuted this Declaration d Trust (m) Oualified Pian. A plan sponsored try a Public Empioyer for the purpose of prwiding retlremerrt income ro its emplayees which satisfies the qualifi' caoon requiremerrts of Sectio� 401 of the IrKemal Revenue Code, as amended. (n) RC. The Internatlonal City ManagemeM Associa0on Retirement Corpo- ration. APPENDIX B (o) Reurement Trust. The Trust created by this Oeclaration d TrusL (p) Trust Property. The amounts held in the Retirement Tnut on behalf ot the Public Emplayers in connec0on with Deferred Compensation Plans and on behalf of the Pudic Emplo�/er Trustees tor the exdusive benefit of EmP�oyees Pursuant to Quati- fied Plans. The Trust PropeRy shall include any incame resulOtg from the inv8st- ment of the amourns so held. (� Trustees. The Pubtic Employee Trustees and ICMA/RC Tru� elected by the Public Emplayers to serve as members ot the Board a4 Trustees d the Redremerrt Trust. ARTICIE 11. CREATION ANO PURPOSE OF THE TRUST; OWNEIiSHIP OF TRUST PROPERTY Section 2.1 CroaUon: The Reorement Trust is created and esfablished by the execution of this Declaration of Trust by the Trustees and the Public Employers: SeCtion 2.2 Purpose: The purpose of the ReUrement Trust is to provide for the Commingled investmeM of funds held by the Pub1iC Employers in COnneC- don with their Deferred Compensation and �uaNfied Plans The Trust Prop- erty sha11 be invested in the Portfoli�, in Guaranteed InvesUnent Contracts. and in other irniestments recommended by the InvesUnerrt Adviser under the superv;yon af the Board d Trusfees No part d the Trust Properry will be irNested in seCUrities issued by Pub�iC Employers. Ssetlon 2.3 Ownerahfp of 1Fust Property: T1'ie Tnutees shall have legal mfe to the Trust Property. The Public Employers shall be the beneficial owners at the pprticn of the Trust Property allacable to the Deferted Compensa0on Plans The portion of the Trust Property allocable to the �ualified Plans shall be held � the Public Employer Trustees for the ezGusve benefit oi the Employees Aanc� iu. TRUSrEEs Sectfon 3.1 Number and DuaUficatlon of Trust�es. (a) The Board of Trustees shall consist of nine Trusteea Fve of the Trustees shall be tull-dme employees of a Public Employer (the Public Employee Trustees) who are authorized by such Public Employer tp serve as Trustee. The remaining four Tnrstees shall consist of two persons who. a� the time of election ro the Board of Tnistees, are members'of the 8oard � Directors of ICMA and two persons who, at the �me of elec6on. are members � the Board of Direccars d RC (Uie ICMAIRC Tn�teesl. One of the Trustees who is a�rectar of ICMA, and one oi the Trustees who is a diredor of RC. shad. at the bme of elecGOn, be full-tlme emP�cYees af a Pudic Employer. (b) Na person may serve as a Trustee for more than one term in arry ten-year period. SecUon 3.2 Eleetloe and Tirtn. (a) EzcePt (ot the Trustees aPPar�ted to fill �racancies Pursuarrt to Section 3.5 hered, the Trus�es shall be elected by a va6e d a rtuyoriry d the Public EfnPloYers in axadenCe wdh fh6 P�ut99 S6t forth in th6 By-ldw8 (b) At the first elecUOn of Trustees, three Trustees shall be elected for a term of three years. three Trustees shall be slected for a term of two years and three Trustees shall be elected for a term o� one year. At each subseque�t election. three Trustees shall be eiected for a term oi three years and urrtil his ar her SUCCeSSO� is eleCted and qu2lified. Sectlon 3.3 Nominations: The Trusiees who are tull-6me emplayees of Public Emplayers shall serve as the Namina0ng Committee fo► the Public Employee Trustees. The Nommadng Comrnif0ee shaN ChoOSe car�didates for Public EmP�oyee Trustees in accordance with the procedures set forth in the By-Laws Section 3.4 Resignatlon and Removal. (a) Arry Trustee may resign as Trustee (withaut need for prior or subsequent accounting) by an instrumern in writing signed by the Trustee and delivered to the other Trustees and such resignation shall be effecDve upon such delivery, or at a fater date accading to the terms of the instrument. Arry of the Trustees may be remwed for cause, by a vote of a majority of the Public Employers. (b) Each Public Emplayee Trustee shall resign his or her postibon as Trustee within sixry days d the date on which he ar she csases to be a tulFtime employee of a Public Employec Sectlon 3S Vacancies: The term of off�e of a Tn,�ee shall terminate and a vacancy shall occur in the event � the death, resignation, remaval, adjudi- cated incompetence or other incapacity to per►ortn the duties of the office of a Trustee. In the case of a vacancy, the remaining Trustees shall appoiM such person as they in their discreuon shall see fit (subject to the IimiMatio�s set forth in this Section), to serve for the une�cpired portion d the tertn of the Trustee who has resigned or othenvise ceased to be a Trustee. The appaMmerrt shalt be made by a written instrument siqned by a majority of the Trustees. The per- son appomted must be the same type of Trustee (.e, P�blic Emplayee Trus- tee or ICMA/RC Trustee) as the person who has ceased to be a Trustee. An appointment of a Trustee may be made in anticipabon of a vacancy to occur at a later date try reason d rearemern or resignation, Pranded that such appoirrt- ment shall not become effective pnor to such redrement or resignation. Wher} ever a vacancy in the number of Trustees shall occur, until such vacancy is filled as prwided in this Section 3.5, the Trustees in office, regardless of their number. shall have all the powers granted ro the Trustees and shall discharge all the duties imposed upon the Trustees by this Declaradon. A written instru- ment certifying the existence of such vacancy signed by a ma�ority of the Trustees shall be conclusive evldence of the existence of such vacanc.y. Section 3.6 lYustses Serve in Representattve Capaeity: By execunng th�s Declaration, each Public Emplvyer agrees that the Public Employee T� elected by the Public Employers are authonzed to act as agents and represen- tatives of the Public Employers collectively. AtiTICLE IV. POWERS OF TRUSTEES Section 4.1 General Powers: The Trustees shall have the pawer to co�dud ihe business d the Trust and to carry on ils aPe�or�s Such Po�e� s�l indude� but shall n� be IimRed ta the power OD: (a) receive the Trust Property from the Public Employers, Public Employer Trustees or other Trustee of ariy Employer Trus� (b) enter into a Contract wdh an Investmerrt Adviser Provid��9, ama^9 �e► m��gs, fot the est�dblishmeM and ope►adon of Me Portidios, selectiOn af the Guaranteed Investmerrt Contracts in which the Trust Property may be invested. selecson d other in�tmer�s kx the Trust Property and tlte p8ymerx d reas�one� We fees to the InvestrneM Adviser and DD 2ny sub�investmerrt adviser retained by Me InveStrneM Adviser; (c) rev�ew annually the perfom�ance d the Investrnerrt Adviser and approve annually the contr�t with such IrrrestrneM Adviser (� �rn�est and reirn�est the Trust Property in the Portfoliae, the Guararrteed Intere� Cpniracts 2nd in ar'y dhef irnrestnent r6Cartxr�ended by the Irr�hnent AdviseG but not �ncluding securiGes iss�ied by Public Employers, Provided that'rf a PubliC Emoloyer has directed that its monies be invested in specified Porrtdios a in a Guarenteed InvesVnerrt Contract. the Trustees d t�e Fietiremerrt Tn�.st sh�l �rn�est such monies in accordance with such directions: (e) keep such portion of the Trust Property in cash or cash balances as the Trustees, trom time to time, may deem to be in the best interest d the Redre� mertt Trusi created hereby, without liability for interest ihe►eon; (0 accept and re�in for such time as they may deem advisable any s�uri- ties or other properry received or acquired by them as Trustees hereundeG wr,elhe� or noc sucn sea,ri6es or aner property wa,�d normalty te purG,ased aS investrnerns hefeunder, (9) cause a+iY securities a other P►oPeM held as P� d the Trust ProPertY to be registeretl in the name d the Retirement Trust or in the name d a nomi- nee, and to hdd arry investments in bearer fortn, but the books and recards of the Trustees shall at aH omes shaw that atl such inu�trne�ts are a part d the Trusc Property: . (hl malc� execute, acknawledge, and deliver ary and aN docx�merrts d trans- fer and corneyance and anY and aN other instruments thet mary be neCessary or appropnate to carry out the powers hera�n granted; n voAe upon arry stoCk bondS or other securities: pve 9�a1 a spea� P� or powers � attorney with or wahout power of substituaon; exercise any con- version privileges. subscri�ion rights, or other op6ons, and make any pay- merns incidental thereco; oppos� or conseM ta or otherwise participate in, corporate reorganizations or dher changes effec6ng corPorace secumies. and delegate discretionary pow�ers. and PaY anY assessme�s or charges in con- nection therewith; and generally exercise any oi the paaers af an avner `Mth respect to stacks, bonds, securities or oMer property held as part � the Trust PropeRy; (a enter irrto corrtracis or arrangeme�rts for goods or services required in Co�- necdon with the operation of the Retirement Trust, induding, but not limited to, cornracts with custodians and co�tracts for the pro+nsion af administrative serviCes: (k) borrow or raise money tor the putposes of the Fetirement Trust in such amourrt. and upon such tertns and cor�ons. as the Trus�ees shaU deem advis- able. Prwided that the aggregate amourrt af such borrowings shall not ewceed 304�6 d the value d the Trust Property. No Person �e�i�9 moneY ro the Tnistees shall be bound to see the application of.the maney IeM or to inquire into its validity, expediency or propriery ot any such borrowing: (q incur reasonable enpenses as required for the operation of the Aetiremerrt Trust and deduct such expenses trom the Trust Property: (m) pay expenses properly allocable to che Trusc Property incurred in connec- tion with the Deferred Compensation Plans, �ualified Plans, or the Employer Trusts and deduct such expenses from that portion of the Trust Property to whom such expenses are properly allocable; (n) pay out of the Trust Property atl real and personal property taxes. income t�C�s and o�er ta�ces d any and a11 kinds which. i� the opinlon � the Trustees. are properiy levied, or assessfld urXier e�sGng or fulure laws upon. or in respect of, the Trust Property and allocate any such t�es to the appropriate accounts; (o) adopt, amend and repeal the By-l.aws. pro�ided that such By-Laws are ac all times consistent with che tertns of this Oeclaration of Trusc: (p) employ persons ro make available interests in the Retirement Trust to employers eligible to maintain a Deferred Compensation Plan u�der Section 457 or a Qualified Plan under Section 401 of the Internal Revenue Code, as amended: (q) issue the Annual Report d the Retirement Trust, and the disClosure doCU- merns and other literature used by the Reuremer�t Trus� (r) make loans, including the purchase d debt obligatiw�s, pravided that all such Ipans shall bear intereSt at the cunent market rate: (sl corrtracc for, and dele9ate aM P�� 9ranted hereuridAr ta such officers. agems. employees, auditors and attort�eys as the'Tr.ustees rnay se�ect. Pro�ded that the Trustees may not delegate the powers set forth inparagrapt�s (b). (c) and (o) d this Section 4.t ;and may not delegate any po+vers if such delega- Oon would +ridate their fiduc+arY duties: , . (t) Pro�ride tot the irxfernnification d the dficers and Ttusbees d the Retiremerrt Trust and purch3se fiduciary iruurance: (u) mairn2in book4 and records. induding separate axounts (or each PubiiC Employe� Pudic Emdoyer Trustee a Employer Trust and such addi6onal sep� arate accourns as are required under, and coruistent with, the Deferced Com- per�sation or �ualified Plan d each Public Emplayer: and (v) do all such acts, take all such Proceedings. and exerase all such nghts y� ��, � not speqficaNy menooned herein, as the Trustees may deem necessary or appropnate to administer the Trust Property and to carry out the purposes of the Retirement Trust. Section 4.2 Distribution of ltust Property: Distributiw�s d the Trust Prop- erty shall be made ta or on behalf of, the Public Emplcryer a PuWic Employer Trustee, in accordance with the terms of the Deferred Compensation Plans, �ualified P�ans or Employer Trusts. The Trustees of the Retiremern Trust shaU be fully protected in making paymeMS in aCCOrdance witli the direcc�ons d the Public Empla�ers, Pudic Emplayer Trus6ees or alher TrusOee af the Employ�er Trusts without ascertaining whether such paymerrts are in cAmP�iance with the pro+n5ons of the Deferred Comper�aam a Oualfied Plans. or the ag� creating the Emp�ayer Tnrsts. Section 4.3 Executlon of InstrumsrKS: The Trustees may unanimously designate arry one or more of the Trusfees ro execute arry insUumerrt or docu- ment on behalf of all, including but not limited to the signing or endorsement of ar�y check and the signing of arry applicatio�s. insurance and other con- tracts, and the acUOn of such designated Trustee or Trustees shall have the same force and effect as if taken by atl the Trustees ARTICLE V. DUTY OF CARE ANO LIA8ILITY OF TRUSTEES Section 5.1 Duty of Caro: In exercising the powers hereinbefore granted to the Trustees. the Trustees shall perform all acts witltin their authority for the exclusive purpose of prwiding benefits for the Public Emplayers in connec- tion with Deferred Compensation Plaris and Public Employer Trustees pursuarrt to Oualified Plans, and shall perform such acts with the care, skill, prudence and diligence in the circumstances then prevailing that a prudeM person act- ing in a like capacity and familiar with such matters would use in the conduct of an enterpnse of a Iike character and with like aima Sectlon 5.2 Llabiflty: The Trustees shall not be liable tor any mistake of judg ment or other action taken in good faith, and for ary acUOn taken or omitted in reliance in good faith upon the books of account or other recads of the Retirement Trust, upon the opinion of counsel, or upon reports made to the Fetirement Trust by any of its officers. emp�oYees or agents or by the InvesK- ment Adviser or arry sub-irnestrnent adviser, accountants, appraisers or other experts or consultants selected with reasonable care by the Trustees, officers or employees of the Retirement Trust. The Trustees shall also not be liable for arry loss suscained by the Trust Property by reason of arry irnestrnent made in good farth and in accordanCe with the smndard of care set lorth in SeCtion 5.1. Section 5.3 8ond: No Trustee shall be obligated to give any bond or other security for the performance of any of his or her duties hereunder. 7D AHTICLE VI. ANNUAL REPOFIT TO SHAREHOLDERS me Truscees shall annualy submit to the PuWic Emplayers and Public Employer Trustees a written 2Port d the trar�sacbons d the R�remerrt Tnut. mduding finarr aal statemerns whiCh shall be certified by independerrt public aCCOUMarriS Cho- sen by the Trustees AR'TICLE VII. DURATION OR AMENDMENT OF RETIREMENT TRUST SeCtlOn 7.1 Wlthd�awal: A PuWic Employer or Public Emplvy�et Trustee maY. at arry time, withdraw fram this Retirement Trust by delivering to the Board d Trustees a wntten statemerrt af withdrawal. In such statement. the PuWic Emplo�yer or Public Emplayer Trustee shall acknowiedge that the Trust Pro� erty allocable to the Public Employer is denved from compensati� deferred by emplc�rees of such Public Emplqer pursuarn to its Delerred ComPensa- tion Plan or from contributions ro the accoums of Employees pursuarrt to a Qualified Plan, and sh� desi9nate the finarx�al institu6on ro vrhich such P�P�Y shall be uansferred by the Trustees of the Retiremerrt Trust a by Me Trustee of the Employer Trust. SeCtiOn 7.2 DuratlOn: The RetiremeM Trust shall conOnue urrtil tertninated by the vote of a majority d the Public Employers. each casting one vote Upon termination, all of the Trust Property shall be paid out to the Public Empioyers. Public EmplaY'er Trustees a the Truscees d the EmP�cNer Tnu1s� as aPP�P^� Sectlon 7.3 Amendmer� The Retremerrt Trust may be amerxled bY the vote of a majoriry oF the Public Employers, each casting one vota Seetlon 7.4 ProCSdul+s: A resdution to tertninate or amend the Re4irement Trust or ro remove a Trustee shal� be s�bmitted to a vae d the Public Employers if: () a majority o1 the Trustees so direct, or, (i) a petition requesting a vote, signed by not less than 259b of the PubliC Emptoyers, is submitted to the Trustees. ARTICLE VIII. MISCELLANEOUS Section S.t Goveming Lew:• Except as othervvise required by state or local law, this Declaration oi Trust and the Retirement Trust hereby created snall be construed and regulated by the laws of the Oistrict of Cdumbia. Sectlon 8.2 Counterparts: T1us Oeclaration may be ex�uted by the Public Employers and Trustees in two or more counterparts, each of which snall be deemed an original but all of which together shall consGtute one and the same instrument. CITY OF FRIDLEY M E M O R A N D II M • WILLIAM W. BO 8 C MANAGER �'�•` TO. RN , ITY �. FROM: RICHARD D. PRIBYL, FINANCB DIRECTOR SIIBJECT: RESOLIITION FOR $2,000 TRANSFER FROK EMERGENCY RESERVB DATE: DECEMBER 15, 1988 The attached resolution transfers $2,000 from the Emergency Reserve to the Finance Department. This will allow the City to participate with the League of Minnesota Cities to get an actuarial estimate of the future cost of what the proposed 13th Paycheck Legislation would be. I will keep you and the City Council updated as to any future information regarding the actuarial study or the Legislation. Attachment � RESOLIITION NO. - 1988 A RE80LIITiON AIITHORISI�Q THE TRANSF$x OF $2,000 FROK TH$ EMERGSNCY REBERVE TO TH8 FINANCE DEPARTMEIdT WHEREAS, the City of Fridley is concerned about the cost of the proposed 13th Paycheck Legislation for private pension plans, and WHEREAS, the future cost of the benefit should be actuarially determined, and WHEREAS, the City will be sharing costs of the actuarial study with the League of Minnesota cities, and WHEREAS, the sum of $2,000 is needed to determine the financial impact of the additional benefit. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the city of Fridley authorizes the transfer of funds, within the General Fund from the Emergency Reserve Fund, to the Finance Department in the amount of $2,000. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1988. WILLIAM J. NEE, MAYOR ATTEST: SHIRLEY A. HAAPALA, CITY CLERK 8A MEII�ORANDUII� __ 9 � c'ty o� F`'a'.r ONIc• ot the Clty Mana�r ; S; sas � Uni��rslty �.•�.• N.E. William W. Burna ��F►Idl�y, Nlnn�sota as�i! Phon• (d12)s71-i4S0 TO: THE HONORABLS MAYOR AND CITY COIINCI� FROM: WILLIAM 11. BIIRNB� CZTY MANAGER�; ''� DATE: DECEMHBR 15, 1988 SIIHJECT: ACQIIISITION OF FZR$ STATION SIT$ Since the last time we discussed the fire station site, Public Works Director, John Flora, determined that the site was in conflict with the County's plans for aligninq 77th Way with Craigway. On Monday he met with the County and has convinced the County not to align the two roads. This makes it possible to continue our acquisition of the property at the corner of 77th Way and East River Road. A rough drawing of the Fire Station site and the new intersection is contained on the attached exhibit. In the meantime, Dave Newman has continued to work with Ms. Shirley M. Severson and her partner Mr. James H. Kock to arrive at a mutually agreeable sale price. Ms. Severson understands we will begin the condemnation process at our December 19 council meeting. If Council concurs with our request for condemnation, we will continue to negotiate with Ms. Severson. We are also hiring an appraiser, Mr. Harvey Peterson, (Peterson and Appraisers, Inc.) to appraise the site. We are recommending approval of the attached resolution. WWB/la RESOLUTION NO. - 1988 A RESOLUTION APPROVING THE CONDEMNATION OF LOT 2, BLOCR 1, AUS ADDITION, FOR DEVELOPMENT AND USE AS A SATELLITE FIRE STATION WHEREAS, the City of Fridley has authority to acquire property by eminent domain pursuant to Minnesota Statutes, Section 462.445, and the Fridley City Ordinances, Chapter 117, and under its Home Rale Charter; and WHEREAS, the City Council finds that it is in the public's interest to condemn the following described property pursuant to the City's power of eminent domain to develop this property as a satellite fire station: Lot 2, Block 1, AUS Addition, Anoka County, Minnesota. FURTHER, BE IT RESOLVED, that the City Attorney be specifically authorized to take possession pursuant to M.S.A. 117.042 and to take all other actions necessary and desirable to carry out the purposes of this Resolution. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS day of , 198 WILLIAM J. NEE - MAYOR ATTEST: SHIRLEY A. HAAPALA, CITY CLERK � �'I_1 � 9B '�." ; � � � �",; � r • �� ,,�, . . .1 �. r •- � � ':.,# �..- _ , 4 ,-; °'r '+��,� ...�� . .-�' �� -_ . r '' ' _ • . '. . `� ' ' ' �.+r #� . �.. <. • .r . � :��:'i.' _�� +�ii►. � 1► �s ,• � � ' ' ��+�f.�� : �� ` , . .... � �'s .. � _ .. . #� ' °��' ' '' . ...: _ �,- �+F� . �� .+� . . ',• �•- -}. ' ' � �. . � _��'Y."+^y�� 't. � . . ':��;� � 1 "`•.. tr ' r ,� _ . � ' 7 � j�i� {' «'�~ 1 � i .>�'• � �� f � � • : i �, r .� � �.. . - _ . . . `' �ti1 � .y .�� I '� f �� ,� � `� , � "' ": •� :�, , . •'ti. �'f:� `,� ., . �j� - ', � ' ' fy :. fi�`': �� t �,.: :. . r• � � r,, • •� ' 't �t�`:: 3'' ` � ' � � �� e ' � . 4' '�'�" f' ,� •'� .'� , � f f�,, � � �i � _ � � � . . r {: , ? � T� '� � !t � b�� r ' � -. .:s ..�.: P'T �. � • `:�2. � .' ' _� ry. � ` � ..�•� .�. •�4. 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' . l � �!. • .,.r' ._ • . •.•/.. w'. 1 . � • A - . .'2!<� :i:./ .� '.�i . . . . . .� t I . � r . .'i . • _ . ,''r,' . . . . . . . %1� . . . _ .. t , _ ` ._ � . . , , . 3� . . . :7. G •'�, �. '�si . . -.� i ♦ . . . . • . • � . J� , t . :: _ t i: . _,, + ,.- :�" , a'r . 4 �� r-� �.'S� ��, `y , �� 't � [3a.�r�f � � � yi�: � . �d ` � + ► i- i : .'.: ' ..� f� . r y_:. 'y�3�, . �.:' '..a}�,Ry�.' � . _.` . � � � . ,. � • � , . i : i . �`\. ' � ' � ..i . � � f . ?,� �'�.' "► •a- - .. V �♦ � J T � � � �- �.. . .;,Y ,� . . . Zr . '; h�y. . ' :i�k r � � • �{ .. . �� y- .�, t; r .` i , ^�. �f � , �..: / . - .. Y .�. '�I • �, � � : . I i _ . ,: � .� * � , r� �� i �:. . � �' � . . , �. � �. .e � .�-� �- , t _ , .. ��. , ' �. . ,., , •t� _ „ � L : a. • • : _� . ` . . �:� , � .A[' I i .-! :ti � +��'��; ,.... � 4 �• � �''`�r �.�„�. •�.'A. � _ _� �•w �' �' i � �,ryl:� .`. . '!�'�� '.� , `y...t� �, NM . y ',. �I�M +•� J•.�� .''/�`� r .y.bi� . . ,�,'.'.Y,l: • ,_ ` �� ~:r� . i.` � � �'� . , ., . ��. ! �' �.�.�/ - .�'�� ' : 't w ... +\ , .'. � ti r � ;�� .,�,�1 ` •. t. � t. . r� � yL..�� . �� . _. .� - rY � 'T_ �; ''�rs• 4 k. � �� . ,,;r,,, , � �!e;� :r,; �� . � ' � . • � ,y • a '� � . ; ^ r � . . �A • �I• ,� � ^ • _.� �~.+ •. . . .r . ..�. . ' • :. . : � . �=_ 5.. � . :,_ . ,.,.�� MEMORANDUM � �� TO: William W. Burns, City Manager/�• PW88-383 FROM: John G. Flora,`Public Works Director DATE: December 13, 1988 BOBJECT: Change Order No. 6 for Landscaping, Irrigation and Lighting Project No. 168 The City has received a change order from Minnesota Valley Landscape, Inc., our contractor for the Lake Pointe Project, for $14,950.00. Their request has been submitted to Ernst Associates (our consultant) and approved for this amount. At the December 8 HRA meeting, they approved the Change Order No. 6 to Minnesota Valley Landscape, Inc. for $14,950.00. Since the City Council is responsible for administration and contracts for the Lake Pointe project, recommend they approve Change Order No. 6 to Minnesota Valley Landscape, Inc. for an amount of $14,950.00. JGF/ts Attachments 10 � � �. i:_� a CITY OF FRIDLEY ENGINEERING DEPARTMENT 6431 UNIVERSITY AVE., N.E. FRIDLEY, MN 55432 December 19, 1988 Minnesota Valley Landscape, Inc. 9700 Bush Lake Road Minneapolis, 1�1 55438 SUBJECT: Change Order No. 6, Landscaping, Irrigation and Lighting Project No. 168 Gentlemen: � You are hereby ordered, authorized, and instructed to modify your contract for Landscaping, Irrigation and Lightinq Project No. 168 by adding the following work: Addition• ITEM APPROX. 4UANTITY PRICE AMOUNT 1. Planting adjustments for . necessary maintenance and labor increases 100 $ Lump Sum $14,950.00 TOTAL ADDITIONS . . . . . . . . . . . . $14,950.00 TOTAL CHANGE ORDERS: Original Contract amount. . . . . . . . . . . . Contract Additions - Change Order No. 1. ... - Change Order No. 2. . . . - Change Order No. 3. . . . - Change Order No. 4. . . . - Change Order No. 5. . . . - Change Order No. 6. . . . REVISED CONTRACT AMOIINT $481,413.00 5,585.47 11,872.00 ( 43,219.50) 880.00 7,285.20 14,950.00 �� T $ 478,766.17 10A Minnesota Valley Landscape, Inc. Page Two Change Order No. 6 December 19, 1988 Submitted and approved by John G. Flora, Public Works Director, on the 19th day of December, 1988. red by Checked by -" o G. Flora, P.E. irector of Public Works Approved and accepted this �� day of , 1988, by "' MINNESOTA VALLEY LANDSCAPE, INC. � 'J rry n t om, esident L Approved and accepted this �L S'�" day of �.�'-c'�i�.�L �� 1988, by JT/ts CITY OF FRIDLEY William J. Nee, Mayor William W. Burns, City Manager 10B � 10C Nove�nber 17, 1988 City of Fridley 6431 University Ave. N.E. Fridley, NQV 55432 Attn: Mark Burch Re: Lake Pointe Corporate Center / Planting and Irrigation Dear Mark, F�closed is our change order proposal for $ 14950.00. As pre- viously discussed, allaw me to elaborate on this requested stnn. We have incurred additional costs for plantings not yet i.nstalled that were originally scheduled to be planted by October•31st, 1987. Those plantings consist primarily of 45 Sugar Maples, 42 Ash, and 20 Red Splendor Crabapple. The nursery s�pp2iers are requesting a total of $ 9075.00 in additional expenses incurred to care for these plants for the past growing season. 'Ihe requests appear to be fair and legit- imate in light of the care given these plants. The trees have received an ongoing maintenance consisting of root pnming, watering(during the drought, in particular), cultivation of weeds, etc. The trees were pre- pared in the field for spring planting of this year but then delayed. The root prep required careful monitoring and watering during one of the worst droughts in recorded history. The fact that the trees were not harvested when originally stated at time of order has tied up valuable nursery production land for an extra year. 'Ihe growers are entitled to compensation for this as well. There is also increased costs fox labor of $ 2800.00 and $ 1125.00 for shipping. To this siun we have added 15� for administrative costs, profit, and overhead for a total requested change order in the amo�urt of $ 14950.00. It is our intention, Mark, to reswne final planting operations . Monday, November 21st (weather peim.itting) and have all work substantially � completed in approximately two weeks from start to fi.nish. • r. . ;_ LAN�DSCAPE INC. 1 9700 west bush lake rd., mpis., mn. 55438-1699I612•944-1626 November 17, 1988 2 You will be pleased to know Jerry Lindstrom will be returning to the project as superintendent and will coordinate with your John Thcmpsan on site to do the required dorn�ant seeding, and Bob Cat operations. • I have reviewed Gene Ernst's m�no to you of 20 October, 'Ihe dead pine have been replaced, all other items will be addressed when . we return to the site next week. I appreciate your taking time from your busy schedule to have met with us 'Iliesday last. I further appreciate your clarification to us about the agreed 100b contract completion on Novemlier lst, 190�. If all planting is accepted this fall and replacements made next year prior to November lst, this would match the original contract completion date. Also given the banding of the contract, the release of retainage monies upon acceptance this fall is mutually �derstood. And lastly, the vacant lot on the southwest corner of the project shall be returned to a visually acceptable state with the ash presently there to be donated to the City of Fridley. DAL/cb 10D Sinc ely, �� David A. Lindstrom Project Manager 10E Ernst Associates 30 No�vdnber 1988 . Mr. Jofu� Flara City of Fridley 6431 University Ave. N.E. F�idley, MN 55432 Ref: Lakepointe Oorpa-ate Oeatre / Plantiip � Irriqatioa ' Deer Mr. flora In referena to Jaltn Thompson's telephone oonv�ersetion on Mar�dey, No�vanber 28.1 heve prepered tf�is letter to clerity my poBitian in referenoe to the abave mentioned project. On November 25, i received e letter deted 22 November 1988 from Minnesote Yalley stdinq thet theyr ere prooeeding with the vrark with the understending ttmt the request tor edditionel funas hed been approved by the public woNcs depertment end project larbscepe architect. To clarify my di�ussians with Mark Burch, I hed never' mtelly eqreed with the request far the additimel fees as outlined in Mi�te Yalle�s ietters de�ed Octaber 26, Nwember 2, an0 November 17, 1988. In thoae pravious ktt�s I hed noted thet Minnesote Yelley wes requestirq edditionel casts for the 20 red splendor a�ebepples. 1 telt tt�et tf�ve should not be any edditianel cost to the city bec�ise thoae trees hed not been teqqad urtil Septsmber 19, 1988. In the letter dated No�rember 2, you will rate ttteR Mimesota Yelley Ibs eqreed to subtract the additianel cost tor the red splend�r a�abepple from the oriqinel request. The oriqinel request wes =16,617.50. They heve given you a credit d= i�667.50 far the 20 a�abeppks I feei tMt the contrec�or is justified additionel oosts as it rebbes to maintenenoe and possibk ux of the lard tor future productian. Due to the deley the trees wai� t�ve inreeee�! fn size with proper meintener�a and cere over 18-24 manths. As I di9a�sed with Merk � I wss rol in totel aq�eement thet the City shald be peyirg mare monay tor the ina�emed site. The city hed made payments towards thooe trees (Chicego or MinneeQolis) st the time tt�ey w�ere teq�ed end eooepted bedc in 1986 and 1987. �1t thet time maat of the trees were the celiper thet wea oriqinely ca11e0 tor in the apecitk�ions. It should be noted tt�et some of thoae trees taq�ed were less then 6" cal. �s 9pecitied This wes done with ihe idee thet they would increeee in si�e from the time they were taqped until they wauld be trar�splanied io the tield There were trees tbt I ta�ped thet meesured 5 1/2" - 5 3/4' in celiper. As y�ou will not,e in nry memo debed 19 Sep�ember, I rras not abie to taq all the oorred si�es d a�abepples aa apecified. In thet kt� I hed sta�ed thd the ciiy end Hime�ote Valby would he�ve to work out e credit far i�steliirq thoee ameller siaes. This hes not been verified by Minn�ota Yelley, but the approocimake difference in oost between e 3 1/2' cel. and 3' cal. is =20-=25 and an additianel t 10-t I 2 diftererrr betwaen s 2 3/4' and 3" c,i. trae. if you fasl thet tfier�e is �nne compensetian needed in ro(erena to the red sphridor crobeppb i su�est thet you oontad M innesote Vel ley and heve them provide you with the credits uuoscewE �ac�r�cn� � uw w.�rraNC �,:2 wEST s�xrn srn�T � CMASK�►. MI�lESOTA SS31a / P1101E 6t2-4�8-�094 Ernst Associate,s Mr. JoM Flore 20 No�vetnber 1988 Pe¢ 2 tt was abo my cxdarsterdirq tMt Mirwr.�e Valby e�reed to d� additia�ei soddinq end seedirp in the sprirq 1989 to repeir areeis 11b1 heve been demeped by trucks mavirq the tnees. There are dher erees thet did nd astablish this IeSt seeson. At the time Mark held the meetinq with 1linne�p�ta Yaiky to diaa�ss these veriau items I waa out d bo�wn. i feel with ihe delay an the -project there ere edditianel costs justified ea outlined in Min�esote Vellay's lettx deted Nove�nbe� 17, 1988. With the app�otial d this requ�i I do not teel ttbl arry future requcsts should be yranted. If there ere ary queetions in referenoe t� this letter or the projeci pleeae d� rat hesitets to qive me e cxl l. Best �erds. ERNS� AS.SOCIATES �' . � tiene �. Ert�st OFE: cb c.c. Dere lirdstrom, MN Velley Jon McClure, Woodtr-idge Prop. Eric N�sett, Wao�idge Prop. 10F E�,��,:��. s�:w� � u��e� F�,�4s Sir�ct� M,i.n.o �:.{.•.�._�: MEMORANDUM ' �•�• TO: William W. Burns, City Manager �' PW88-387 FROM: John G. Flora, �Public Works Director DATE: December 15, 1988 SIIBJECT: Recommendation to Purchase a Four-Wheel Drive Tractor Loader 0 Twelve(12) equipment companies requested and received specifications and bid proposals forms for a Four-Wheel Drive Tractor Loader. Bids were received and publicly opened on Thursday, December 15, 1988, at 11:00 a.m. Analysis of the bid proposals are currently being conducted to determine which company will receive the recommended bid award. The Four-Wheel Drive Tractor Loader is budgeted in the 1989 Public Works Capital outlay budget. A recommendation to purchase the tractor loader will be presented to the City Council on Monday, December 19, 1988. JGF/BN/ts � 11 �- I �, •� � a � �:,�.,, , , . � MEMORANDUM � �' . . TO: William W. Burns, City Manager�.�� PW88-386 FROM: John G. F1ora,�Public Works Director DAT$: December 15, 1988 SIIBJECT: Recommendation to Purchase Remanufactured Or Demonstrator Self-Propelled Street Sweeper Four (4) equipment companies requested and received specifications and bid proposals forms for the Remanufactured or Demonstrator Self-Propelled Street Sweeper. Bids were received and publicly opened on Thursday, December 15, 1988, at 11:30 a.m. Analysis of the bid proposals are currently being conducted to determine which company will receive the recommended bid award. The Remanufactured Street Sweeper is budgeted in the 1989 Public Works Capital Outlay budget. A recommendation to purchase the street sweeper will be presented to the City Council on Monday, December 19, 1988. JGF/BN/ts � 12 ,- f �. �� a E��<� ,,E:�� stwt�� Nal�;� F'.�•k�, J"ccti: ��_.�. '.i�- _� MEMORANDUM . • TO: William W. Burns, City Manager � PW88-380 � FROM: John G. Flora, Public Works Director DATE: December 8, 1988 SIIBJECT: Recommendation to Advertise Bids for Repair of Wells No. 6, 8, and il Project No. 186 In accordance with the Water Utility Well Preventive Maintenance Program, three (3) wells are scheduled to be pulled and repaired during 1989. The wells scheduled for repair are Number� 6, 8, and 11. We have completed the specifications and are ready to advertise for bids. The repair work will be completed by early spring of 1989, enabling the well system to function before the period of high water demand. The funds to complete the repair work are available through the Utility Fund. To continue the schedule for proper well preventive maintenance and operation, I recommend that the City Council approve the advertisement to bid for repair of Wells No. 6, 8, and 11. If you need further information, please let me know. JGF/BN/ts Attachments 13 � (� i 1l �, ri:i�. �1 RESOLIITION NO. - 1988 RESOLIITION ORDERING IMPROVEMENT AND ADVERTISEMENT FOR BIDS FOR THB REPAIR AND MAINTBNANCB OF WELLS NO. 6, NO. 8 AND NO. 11 PROJBCT NO. 186 WHEREAS, the construction of certain improvements is deemed to be in the interest of the City of Fridley and the property owners affected thereby. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley as follows: 1. That the following improvements proposed by Council Resolutions are hereby ordered to be affected and completed as required: REPAIR AND MAINTENANCE OF WELLS NO. 6, 8, AND 11 2. The plans and specifications under the direction of the Public Works Director for such improvements are hereby approved and shall be filed with the City Clerk. The Public Works Director shall accordingly prepare and cause to be inserted in the official newspaper advertisements for bids upon the making of such improvements under such approved plans and specifications. The advertisement shall be published for three (3) weeks (at least 21 days), and shall specify the work to be done and will state that the bids will be opened and considered at 11:00 a.m. on Thursday, the 12th day of January, 1989, and that no bids will be considered unless sealed and filed with the Public Works Director. That the advertisement for bids for Repair and Maintenance of Wells No. 6, 8, and 11 shall be substantially in the standard form. PASSED AND ADOPTED BY TH$ CITY COONCIL OF TiiE CITY OF FRIDLEY THIS 19TH DAY OF DECEMBER, 1988. WILLIAM J. NEE, MAYOR ATTEST: SHIRLEY A. HAAPALA - CITY CLERK 13A NOTICB TO BIDDERS REPAIR AND MAINTENANCE OF WELLS NO. 6, NO. 8, AND NO. 11 PROJECT NO. 186 Sealed bids will be received and publicly opened by the City of Fridley, Anoka County, Minnesota, at the office of the Public Works Director, 6431 University Ave., N.E., Fridley, Minnesota, 55432 (tel. 571-3450) on Thursdap, the 12th day of Januarp, 1989, at 11:00 a.m., for the furnishing of work and materials for the REPAIR AND MAINTENANCE OF WELLS NO. 6, NO. 8, AND NO. il. Each well repair bid will be awarded on an individual basis. Plans and specifications may be examined at the office of the Public Works Director and copies may be obtained for the Contractor's individual use by applyinq to the Public Works Director, Fridley City Hall, 6431 University Ave., N.E., Fridley, Minnesota, 55432 (tel. 571-3450, ext. 159). - Bids must be made on the basis of cash payment for work, and accompanied by a cash deposit, certified check (on a responsible bank in the State of Minnesota) or a bidder's bond made payable without condition to the City of Fridley, Minnesota, in an amount of not less than five percent (5$) of the total amount of the bid. The City Council reserves the right to reject any and all bids and to waive any informalities in any bids received without explanation. No bid may be withdrawn for a period of sixty (60) days. By order of the City Council of the City of Fridley, Minnesota. Dated this 19th day of December, 1988. Published: Fridley Focus December 21, 1988 December 28, 1988 January 4, 1989 John G. Flora, P.E. Public Works Director Construction Bulletin December 23, 1988 December 30, 1988 January 6, 1989 13B � � %� � � / �� + � � �v Y r w r � � N � ; • � �// s z � I ' . � �, � 1 ` � _ �-�- - �VL NY[ w � _. ..s � • ; � . . \ � i • . � „r�ta� 6 ► • . :. � M ! ' a 1 i _ Q• — 6 1 s �� , ' N , _ , � ,�� I •f � , . � .� � 1 0 6� � . 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I I ' ' • � � . � � ! �� ) a� Fv ' I O tw � ��IV�TL ✓ � L�M[ r.,� ►ry • v �o• --- — --'— LOCKE PARK c, .c�� o �o�� O f ��'R�I�pM ►l1NT \ ` � 6� �a. �. � � � � �_ �; I ' � I.a. _ - - '��__ \\ �„rJ / 1 1�� MEMO TO: 11ILLIAM 11. BURNS 9C TY MANAGER �; � ! FROK: AILLIAK C. SISTAI�1'P TO THE CITY MANAGBR.' SUBJECT : AFFIRMPiTZV$ ACTION PRO(iRI�I DATE: DSCEl�BBR 14, 1988 During the 1988 Legislative Session an amendment was made to the Minnesota Human Rights Act, Section 363.073. The result of the Legislation has been that cities with over 10 employees are required to submit an affirmative action program to the State Department of Human Rights. Failure to comply with this provision could result in loss of revenue to the city from contracts with the State of Minnesota. On November 30, 1988, a draft of the Affirmative Action Program was submitted to Commissioner Stephen Cooper to comply with the December 1, 1988 deadline. At the same time copies of the draft were circulated to the Fridley City Council and department heads for review and comment. As a result of those comments several "he/she" sections have been reworded to avoid gender related personal pronouns. Also on Paqe 33C, Pre-employment Medical Exams, the term "confidential" has been changed to "private non-public" to conform with the Minnesota Data Privacy Act. I recommend that the attached resolution authorizing implementation of the Affirmative Action Program be presented to the Council for action at their meeting of December 19, 1988. WCH/ss 14 RESOLUTION NO. RESOLUTION OF AFFIRMATIVE ACTION IN EMPLOYMENT WHEREAS, the City of Fridley City Council acknowledges that equal opportunity employment for all persons is a fundamental human value; and WHEREAS, The City of Fridley does promote and encourage full realization of human rights within City employment, and WHEREAS, the State of Minnesota, declares that artificial barries to employment, pursuant to M.S. 363.03, are unfair discriminatory practices; and WHEREAS, under the Minnesota Human Rights Act, Section 363.073, businesses or firms which (a) have more than 20 full-time employees in Minnesota at any time durinq the previous 12 months, and (b) bid on State contract for goods or services in excess of $50,000 must have a Certificate of Compliance issued by the Commissioner of the Department of Human Rights. Certificates are issued to businessses or firms that have an Affirmative Action Plan approved by the Commissioner of the Minnesota Department of Human Rights for the employment of miniorities, women and disabled persons. WHEREAS, the City of Fridley intends to reinforce Federal merit standard principles and concepts by assuring that all segments of society have an opportunity to enter public service on the basis of open competition and advance according to individual ability: NOW, THEREFORE, BE IT RESOLVED that the Fridley City Council reaffirms and declares the Affirmative Action Program of Fridley, dated December 19, 1988, to the extent that such declaration is reasonable and realistic and is not in conflict with applicable laws of State or Federal authorities: DECLARATION OF POLICY OF AFFIRMATIVE ACTION The City of Fridley acknowledges that equal opportunity for aYl persons is a fundamental human value. Consequently, it is the policy of the City to provide equal opportunity in employment and personnel management for all persons; to provide access to, admission to, full utilization and benfit of training and promotional opportunities without discrimination because of race, color, creed, religion, national origin, sex, marital status, public assistance status, veteran status, handicap or disability; and to otherwise promote full realization of human rights within the City to the extent permitted by law. To implement this policy, 14A Resolution No. Page 2 the City of Fridley requires that every person makiang application for, currently employed by, or applyinq for future vacancies in the employ of the City of Fridley will be considered on the basis-of individual ability and merit, without discrimination or favor. In futherance of this policy, the City of Fridley establishes an Affirmative Action Plan, providing for and assuring fair and equitable treatment in all phases of public employment, includinq selection, compensation, benefits, training opportunities, promotions, transfers, layoffs, and other terms, conditions, and privileges of employment. The concept of this affirmative action policy is consistent and fundamental to the maintenance of effective equal opportunity and shall be implemented as an integral part of the City of Fridley's personnel system. Employees and applicants are protected from coercion, intimidation, interference, or discrimination for filing a complaint or assistinq in an investigation under the Minnesota Human Rights Act. The City of Fridley authorizes the City Manager to excute and implement the doccument entitled "City of Fridley Affirmative Action Program" the original of which is on file in the office of the Fridley City Manager and is incorporated herein by reference. The City Manager is further authorized to appoint an appropriate employee of the City of Fridley to manage the Equal Employment Opportunity/Affirmative Action Program. Responsibilities will include monitoring all Equal Employment Opportunity activities and reporting the effectiveness of this Affirmative Action Program, as required by Federal, State and Local agencies. Adopted by the Fridley City Council this day of , 1988. William J. Nee, Mayor ATTEST: Shirley A. Haapala, City Clerk 14B �� MEMO T0: WILLIAM W. BURNS CI Y ANAGER fi• FROM: WILLIAM C. HUNN,� ISTANT TO THE CITY MANAGER DATE: DECEMBER 15, 1988 SUBJECT: EMPLOYEE APPRECIATION ORDINANCE We have been informed by the League of Minnesota Cities that any city expenditure of funds for employee appreciation or recognition must be authorized by an ordinance specifying the type of expenditure and indicating that it is compensation for services and nat a gift. The City Attorney has reviewed the attached ordinance for compliance with State law, and I request that you submit it to the Fridley City Council for consideration at the December 19, 1988 meeting. WCH:ch Attach. 15 ORDINANCE NO. AN ORDINANCE RECODIFYING TSE FRIDLEY CITY CODE, CHAPTER 3� ENPITLSD "PERSONNEL" BY ADDING SECTION 3 .12 , F.Z+IPLOYEE APPRECIATION The City Council of the City of Fridley, Anoka County, Minnesota, does hereby ordain as follows: 3.12 Employee Appreciation The City Manager shall have the power to authorize the expenditure of funds for Employee Appreciation. These funds shall be expended for an appreciation dinner and for the purchas� of lapel pins, plaques, and certificates, recognizing service to the City. The expenditure shall be compensation for services and shall not be considered as a gift. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY, MINNESOTA THIS 19TiI DAY OF DECEMBER, 1988. ATTEST: SHIRLEY A. HAAPALA - CITY CLERK First Reading: Second Reading: Publicaton: WILLIAM J. NEE - MAYOR 1 sa MEMO TOZ FROM: SIIBJECT: DATE: . WILLIAM 11. BURNS T MANAGER �� WILLIAM C. H�n!T�71� SISTANT TO TH8 CITY MANAGBR ADDITIONAL PAY RATES WITHIN MAINTENANC$ I CLASSIFICATION D$CEMBER 15, 1988 Currently there are six (6) public works maintenance personnel in the classification of Maintenance I. Their hourly rate for 1989 is $9.16 per hour plus a two percent lump sum which amounts to about $0.18 per hour for an effective hourly rate of $9.34. Our Classification and Compensation Plan (comparable worth) for Grade D requires the City to pay the following minimum salaries: Start After 6 mos. After 18 mos. After 30 mos. $ 8.73/hour $ 9.16/hour $ 9.60/hour $10.03/hour As you can see from this comparison personnel in the Maintenance I classification start at a rate higher than our minimum rate but after 18 months they are paid less than other employees in Grade D. According to the Minnesota Pay Equity Act negotiated labor agreements take precedence over a city's classification and compensation plan. However, in the 1987 negotiations for the current three year contract with the 49ers' Union, p`rovision was made to add rates within the Maintenance I classification. Accordingly, it seems fair to add two steps to the Maintenance I classification which would correspond with our Grade D. The proposed steps are outlined in the attached proposal dated December 8, 1988. I have prepared an appropriate propose this to the Fridley City December 19, 1988 meeting. WCH/ss resolution and request that you Council for consideration at ti�e 16 Authority: CITY OF FRIDLEY Proposal for 1989 Maintenance i Balaries (DeCember 8, 1988) MAMA memo of February 20, 1987, Page 2, B. "CHANGES IN THE WAGE RATES OF EMPLOYEES IN THE MAINTENANCE I CLASSIFICATION" City of Fridley Compensation Plan 1989 Grade D Year Base Start $18,148.17 + 5� 6 mo. $19,055.59 +lOg 18 mo. $19,963.01 +15g 30 mo. $20,870.43 WCH/ss Attachment 16A Proposed Scale for Maintenance I in 1989 Hourly Lump Effective Hour Rate + Sum = Rate $ 8.73 Start $9.16 + $0.18 = $ 9.34 $ 9.16 $ 9.60 18 mo. $9.41 + $0.19 = $ 9.60 $10.03 30 mo. $9.83 + $0.20 = $10.03 16B RESOLUTION NO. - 1988 A RESOLUTION AUTHORIZING ADDITIONAL PAY RATES WITHIN THE MAINTENANCE I CLASSIFICATION FOR PUBLIC WORKS MAINTENANCE EMPLOYEES WHEREAS, it is the intention of the Fridley City Council to provide fair and equitable compensation to Fridley city employees within budgetary constraints and within the terms of negotiated labor agreements; and WHEREAS, in negotiations with the International Union of Operating Engineers (IUOE), Local No. 49, AFL-CIO, it was agreed that "the individual Cities may, at the sole discretion of the City, unilaterally establish a system which would place�employees in the Maintenance I job classification above the MASTER AGREEMENT Maintenance I rate. The system(s) could move Maintenance I employees on the basis of individual employee performance or any other job-relevant criteria chosen by the City."; and WHEREAS, initial length of service is a job-relevant criterion recognized in the City of Fridley's Classification and Compensation Plan; and WHEREAS, the minimum compensation for graded employees is related to the base rate for a given grade as follows: Start After 6 months After 18 months After 30 months Base Rate Base Rate + 5$ Base Rate + 10$ Base Rate + 15$ ; and WHEREAS, employees in the Maintenance I job classification fall into Class D in the City of Fridley's Classification and Compensation Plan which has a base rate of $8.73 per hour; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley that for the 1989 contract year the City Manager is authorized to implement the following wage scale for Public Works Maintenance employees in the job classification of Maintenance I: Length of Service Start 18 months or more 30 months or more Hourly Rate "� ' $ 9.16 plus 2.0$ lump sum (Rate in MASTER AGREEMENT) $ 9.41 plus 2.0$ lump sum $ 9.83 plus 2.0$ lump sum Page 2 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CZTY OF FRIDLEY THIS DAY OF , 1988. � ATTEST: SHIRLEY A. HAAPALA - CITY CLERK WILLZAM J. NEE - MAYOR 16C �- - - - u .��,... 16D /� iYletro�ofitan Ar�� tYlanag�m�nt Af�ocic�tion of the Twin City Area February 20, 1987 T0: CITY l►lANAGERS OF MAMA-49 JOINT BARGAINING CITIES FROM: Jerry Splinter. Chairman MAMA-49 Negotiating Committee SUBJECT: MAI►�A-49 SETTLEM�NT AND M�ETING FOR �lAMA-49 CITY MANAGEfiS A. SETTLEMENT OF MAMA-IUOE, LOCAL 49 MASTER AGN�:EMENT The MAMA Negotiating Committee and IUOE, Local 49 met in a mediation session on Tuesday, February 3, 1987. The mediation sessiun ended with the stipulatiun that ttie Mediator wuuld �resent a Mediatur's Proposal tu IuOE, Local 49 for consideration of their membership. IUOE, Local 49 membership met on Thursday, February 19 and accepted the following Mediator's Proposal: 1. A three year agreement. 2. A three percent (3�) increase !ur calendar 198? on the 1986 wage rates for the l:tASTER AGREEMENT classifications (Maintenance I, II and III). 3. A ten dollar ($10.00) increase in insurance for calendar 198? to a maximum employer contribution of $1'T5.00. 4. Local Addendums will be open for negotiation for calendar 1987 only. No local negotiations can be conducted for 1988 or 1989. 5. Holidays will become a Gocal Addendum bargaining item for calendar 1987. 6. A reopener fur calendar 1988 for wages and insurance anly. ?. A reopener for cal,endar 1989 for wages and insurance only. 8. Nothing in the individual City Local Addendum can be in conflict with the i►1A5TER AGREEMENT. LI�y I�1AivAGEKS OF 61Ah1A-49 JOINT IIARGAINING CITIES _2_ FeUruary 20, 198? 16E �� INATHESMAINTENANCEEIRCLASSIFICATIONEES The MAMA Cummittee stated to thithnthe individualrcities�withld take lace at the local level w regard tu the wage rates paid employees in the Maintenance I, II and III job classifications from those stipulated by the w1ASTER AGREEMENT. However, the individual Cities may, at the sole discretion of the City, unilaterally establish a system which would place empluyees in the hiaintenance I job classification above the �tASTER AGR�:EMENT Maintenance I rate. The system(s) could move hlaintenance I employees on the basis oY individual em�loyee �,erformance or any other job-relevant criteria ct�osen by the City. No negotiations on such a system are provided for under the �tA5TElt AGRE�MENT. A system, ii established, is at the sole o�,tion of the individual city. C. AtEETING ON SETTLB�AENT A MANDATORY WEETII BARGAINING CITIES and locuti�n: DATE: TIA1E: FOR ALL CITY MANAGER3 OF YAYA-49 JUINT s been scheduled for the fullowing date, time Monday, March 2, 19A7 1 :00 P.M. PLACE: Brooklyn Center City Hall Council Chambers 6301 Shingle Creek Parkway Brooklyn Center, Minnesota. The purpose of this meeting will Ue to discuss the MAMA-IUUE, . ahat Local 49 settlement and to discuss local negotiations, i.e , is bargainable and not bargainable at the local level for:1987. CITY AlANAGERS OF A1ArlA-49 JOINT BAKGAINING CITIES -3- February 20� 198? 16F Prior to that meeting, � February 26, 198?, you are asked to send a copy oi the Local Demands your City received from IUUE. Local 49 tu: Attn: Helen Campbell, Labor Relations Associates� Inc., 7501 Golden Valley Road•, Golden Valley, YN 55427. You are also asked to bring a copy of the Local Demands frum IUOE� Local 49 to the mandatory meeting on ldonday, March 2. GS:hfc cc: MAMAM-49 Negotiating Committee tYilliam S. Joynes� Chairman MAMA Labor Relations Committee C. F. Smythe, Consultant MEMO TO: WILLIAM W. BURNS, CITY MANAGER �,'I�i�� FROM: WILLIAM C. HUNT, ASSISTANT TO THE CITY MANAGER SUBJECT: PERSONNEL ACTIONS FOR COUNCIL APPROVAL DATE: DECEMBER 14, 1988 In addition to the appointments which will Council for concurrence at the December 19, some cases prior to that) there are a number which require Council approval. A. Employment Contracts be presented to the 1988, meeting (and in of personnel actions We currently have employment contracts with three city employees who are not authorized employees. These contracts have arisen because of unusual circumstances (Senior Citizen Program Coordinator) or because of the presence of special funding from outside sources (Housing Specialist - Section 8 funds; Planning Assistant - Recycling funds). It is our intention to review these positions and present recommendations to the Council regarding their status prior to July 1, 1989. The individual contracts are attached. Their main features are summarized in the following table: Employee/Position Constance Thompson Senior Citizen Program Coordinator Elizabeth Campbell Planning Assistant 1988 Recommended 1989 Salary Health Salary Health $22,200/yr. 0 $25,0o0/yr. 0 $19,54?/yr. $100/mo. $23,000/yr. $135/mo. Patricia Wolfe $10.31/hr. Housing Specialist B. Contract for Services $135/mo. $12.90/hr. $135/mo. Since 1983 the City has engaged an independent contractor to provide construction estimation and inspection services. For the past five years the City has contracted with Mr. Jon Thompson_to perform these services. The attached contract represents a 4:0$ increase over the 1988 amount. The contracted amount in 1988 was $31,000.00 for the first nine months plus a three month extension @$10,333.33 for a twelve month total of $41,333.33 or $3,444.44 per month. The proposed ten month contract is for $35,825 for the contract period which amounts to $3,582.50 per month, an increase of 4.0$. C. Establishment of New Authorized Positions 17 In the personnel detail of the 1989 budget three new authorized positions are proposed: 1. Code Enforcement/Planning Assistant Exempt Range 3 2. Neighborhood Watch Specialist Exempt Range 2 or 3* 3. Personnel Technician Exempt Range 4 ' *depending on final review of comparable worth classification The Code Enforcement/Planning Assistant position was filled in 1988 by allocating an unfilled position in the City Manager's Office with the understanding that the Council would approve a new authorized position in the Community Development Department in 1989. All three new authorized positions need to be approved by the Council at this time. � I request that you present these matters to the City Council for approval at the December 19, 1988, meeting. 17A 17B CITY OF FRIDLEY EMPLOYM$NT CO�tTRACT This contract is made between Constance D. Thompson (EMPLOYEE) and the City of Fridley (EMPLOYER). EMPLOYER agrees to hire EMPLOYEE as Senior Citizen Program Coordinator, an exempt professional position under the Federal Fair Labor Standards Act, for the period beginning January 1, 1989 and ending December 31, 1989. EMPLOYEE agrees to perform the duties of the position of Senior Citizen Program Coordinator as indicated in the attached position announcement. In return for EMPLOYEE'S professional services EMPLOYER agrees to the following: l. Payment of annual salary of $25,000.00 paid bi-weekly. 2. EMPLOYER'S share of F.I.C.A. 3. EMPLOYER'S share of PUBLIC EMPLOYEES' RETIREMENT ASSOCIATION payments. 4. Payment of $0.00 toward life and/or health insurance designated by EMPLOYEE. 5. Eleven (11) holidays with pay as established for other employees of the City of Fridley. 6. Twenty-four (24) days of leave time pro-rated throughout the year. If EMPLOYEE leaves employment with the City of Fridley prior to the end of the contract period, any excess of leave time taken over leave time earned will be deducted from the final check. 7. EMPLOYEE will be reimbursed for the use of EMPLOYEE'S automobile for purposes relating to employment at the rate of 28 cents ($0.28) per mile. This agreement may be terminated upon mutual agreement or without cause upon 15 days notice by either EMPLOYER or EMPLOYEE. This agreement is entered intg.,�on the day of � in the year � \ „ � � • nce D. Thompson CITY OF FRIDLEY (EMPLOYER) by William W. Burns, City Manager ' = CITY OF FFi1DLBY� _ MiNNE80TA � OFfi-,��■ OI� TNt dTY MANAOEA pEp90NNEL DIV1810N 17C EMPLOYMENT OPPORTUNITY :�.yVM �:� Yti _" a �� • � v o ••�• • ��:•�� r� r• D D SION• RD(RFATIC)N AND NA7VRIIL �i� • ib pravide leadeiship and ditec�ion in the development. opecation and pranation of Senior CYtiaen proqrm�s and servioea in the City o� Ptic�ey. EXAM�'I,ES OE' D[lPIFS ADD RESPONSIBILITI�i 1. �lan, organize, supervise and occassionally lead cec�eation ptograma fot the senior citizen p�pulation. � 2. Supecvise the operation of the Senior Drop-In G�rrt.er and 000rdinate facility use with the School District 14 oa�ancnity Education. 3. Recruit, train and sdiedule volinteers and part-time leaders in the most effective manner. 4. nevelop a comprehensive public relations campaign foc the senior program to include brochures, newsletters, pcess releases, speaking epgagements and cable T. V, information. 5. Se�ve as staff liaison to the Senioc Center Advisory Board and as advisor to the social clubs for senior citizens. 6. o�orclir�te pro9ran sc3�edules and activities with the schools, wunty, related agencies, and other City deFartrnents to provide maximtan efficiency of cesoucoes and to minimize duplication. 7, work with civic groups to pranote their increased involveaent and support of senior citizen prograns, secvioes, special events and projects. 8. �evelop and maintain oortenu�ication with County and State aqencies on aging and pravide up-to-date information to the seniors. 9. Develop and s�tmit a pcogcam budget for City-sponsoced seniot progcams and �QN 1C�S. 10. Keep remrcis and make reports as neoessacy. 11. I�rform other related dities as required. RP�Ot�I�£. S[cIT I� AI�A ABILITIFS• 1. Knowledge of the principles and practices of wordinating a comprehensive mmmunity-wide �enior citizen Fcogcam. 2. AUility to establist� and maintain effective working relationships with City staff, enployees, volimteers and the �ihlic. 3. Ability to be imaginative and innovative in programming and marketing of the 9@RlOC 9EN]C2S. 4. Knawledge and understanding of related aortmna�ity agencies and existing services ior seruors. , 5. Ability to oomminicate effectively, b�th orally and in writing. DESIRFIZOUALIFICATIONS• Rac�elors clegree in Thezapeutic Recreation, Recreation Adninistration, social work.or a related field. Expzrienoe in sersor citizen progranming and/or 000rdinating of a �enior citizen c�nter operation, S:4�ENRATION• 'Ihe :�:cces�ful car.�?ictite will be otfered a one ya3r anplcyr.rnt oontract. (kvnFeneation for �,�+ and insurance will total $16,500. APP'LICATION PF�tJFiE• Sf�nd resume and letter of application to William C. Hunt, Assistant to the City t4anage�� City of fridley, 6431 University Ave. 'l.E., Fridley. tlinnesota 55432, by Nove�nber 7. 1986. Teleoiione 612-571-3450 ext. 152. � AFFIRMATIVE ACTION%�QiJAL OPPORTUNITY EM?LOYER CITY OF FRZDLLY EMPLOYMENT CONTRACT This contract is made between Elizabeth A. Campbell (EMPIAYEE) and the City of Fridley (EMPLOYER). EMPLOYER agrees to hire EMPLOYEE as Planning Assistant, an exempt professional position under the Federal Fair Labor Standards Act, for the period beginning January 1, 1989 and ending December 31, 1989. . EMPLOYEE agrees to perform the duties of the position of Planninq Assistant as indicated in the attached position description. In return for EMPLOYEE'S professional services EMPLOYER agrees to the following: 1. Payment of annual salary of $23,000.00 paid bi-weekly. 2. EMPLOYER'S share of F.I.C.A. 3. EMPLOYER'S share of PUBLIC EMPLOYEES' RETIREMENT ASSOCIATION payments. 4. Payment of $135.00 toward life and/or health insurance designated by EMPLOYEE. 5. Holidays with pay as established for non-union employees of the City of Fridley. 6. Eighteen (18) days of leave time pro-rated throughout the contract period. If EMPLOYEE leaves employment with the City of Fridley prior to the end of the contract period, any excess of leave time earned will be deducted from the final check. No payment will be made for leave time not used during the contract period. ' 7. EMPLOYEE will be reimbursed for the use of EMPLOYEE'S automobile for purposes relating to employment at the rate of 28 cents ($0.28) per mile. This agreement may be terminated upon mutual agreement or without cause upon ten (10) working days notice by either EMPLOYER or EMPLOYEE. This agreement is entered into on the day of �_ in the year � . ._ Elizab . Ca bell ( MPLOYEE) CITY OF FRIDLEY (EMPLOYER) by William W. Burns, City Manager 17D �QSITION TITLE: T�EPARTMENT,[DIVISION: POSITION OBJECTIVE• PLANNING ASSISTANT CO1�II+IUNITY DEVELOPMENT Responsible to the Planninq Coordinator for specific Community Development proqram activities. �� E�1�MPLES OF DUTIES AND RESPONSIBILITIES• 1. Responsible for daily operation of the "Friday in Fridleyp curbside recyclinq proqram. These duties include but are not limited to: Contract negotiations, promotion of the program, responding to service complaints from citizens as well as providing accurate service information, monitorinq and reporting on program perfonaance, and assurinq effective program performance. 2. Responsible for the daily operation of the Fridley Recyclinq Center/RECYCLE MINNESOTA RESOURCES. These duties include: Lease Agreement negotiations, promotion of the site, respondinq to service complaints, providinq accurate service information, monitoring performance. 3. Responsible for monitoring maintenance of the Compost Site, responding to service complaints and providing accurate service information. 4. 5. Responsible for coordinating Energy related programs sponsored by the City of Fridley. Responsible for the continued implementation of the Riverview Heights acquistion project. 6. Responsible for monitoring and reporting on grants. Responsible for providing up-to-date information on potential funding for program activities. This grant management function include coordination of reporting on Community Development Block Grant activities to Anoka County. 7. Act as staff liaison to the Energy and Environmental Quality Commissions. 8. Attend nightly meetings as required. � . 9. Completes research on solid waste, energy, and other policy issues as required. 10. Assist Planninq Coordinator in research and in writinq amendments to the City Code and Comprehensive Plan. 17E ABILITIES AND SKILIS DESIRED: 1. Considerable knowledqe of the principl�s, practices, methods, and techniques of City Planninq. � 2. Ability to synthesize research and analysis into effective reports. 3. Ability to establish and maintain effective relationships with others. 4. Ability to express oneself clearly and concisely both orally and in writing. TRATNING AND EXPERIENCE: Bachelors degree in Planninq, Urban Studies, or related field with two years desired experrience. EXTENT OF SUPERVISION OR GUIDANCE PROVIDED: Under the general supervision of the Planninq Coordinator. SUPERVISION OF OTHERS: None RESPONSIBILITIES FOR PUBLIC CONTACT: Contact with other City Employees, Council Members, County Employees and qeneral public. 17F 17G CITY OF FRIDLEY EMPLOYMENT CONTRACT This contract is made between Patricia Wolfe (EMPLOYEE� and the City of Fridley (EMPLOYER). EMPLOYER agrees to hire EMPLOYEE as Housing Specialist for the period beginning January 1, 1989 and ending December 31, 1989. EMPLOYEE agrees to perform the duties of Housinq Specialist as indicated in the attached position description for 32 hours each week (80$ time). In return for EMPLOYEE'S professional services EMPLOYER agrees to the following: 1. Payment of salary of S12.90 per hour for contract period to be paid bi-weekly. . 2. EMPLOYER'S share of F.I.C.A. 3. EMPLOYER'S share of PUBLIC EMPLOYEES' RETIREMENT ASSOCIATION payments. 4. Payment of $135.00 per month toward life and/or health insurance designated by EMPLOYEE. 5. Holidays with pay as established for non-union employees of the City of Fridley pro-rated at 80�. 6. Eighteen (18) days of leave time at 80� pro-rated throughout the contract period. If EMPLOYEE leaves employment with the City of Fridley prior to the end of the contract period, any excess of leave time taken over leave time earned will be deducted from the final paycheck. No payment will be made for leave time not used during the cantract period. 7. EMPLOYEE will be reimbursed for the use of EMPLOYEE'S automobile for purposes relating to employment at the rate of 28 cents ($0.28) per mile. This agreement may be terminated upon mutual agreement or without cause upon ten (10) working days notice by either EMPLOYER or EMPLQYEE. This agreement is entered into on the day of, �� ' in the year ' ,• f , , r �� -' // / � � / /, ` (� .. L% Pa�¢ia Wo f '(EMPLOYEE) F� CITY OF FRIDLEY (EMPLOYER) by William W. Burns, City Manager 17H pc�si Tit�: Housing specialist/Community Representativo penartment/�iviaion: Community Development ��sition oizi�ctive: Rasponsible to th� Planning Coordinator !o= the operation oi the Section 8 existinq housinq proqra�. Exa�np��s o! Dutiea and Q°�*'nnciUili iea: l. Responsible for administerinq tha Section 8 existinq housinq program for the City ot Fridley. , 2. Responsible tor takinq applicationa tor the Section 8 proqram and intervie�rinq applicants to determine waiting list etatus in accordance with iederally mandated prelerences. 3. Providea intormation to clients and landlords on a daily basis. This information includes proqra� requlations and policis�, referrals to Social Service and leqal assistanca resources available in the community. 4. Responsible for the annual racertification o! approximataly 200 clients to determine their eligibility. This involvas verilyinq information from financial institutions, social servica agencies, social security administration and medical lacilities. 5. Monitors "rent reasonableness" in the City ot Fridley as determined by the Metro HRA. To determine "rent reasonableness", emphasis is placed on surveyinq rental property in the community by comparinq rents charged, amenities oftered, property condition/upkeep and market availability. � 6. Performs rent and lease negotiations between landlord, tenant and Metro HRA. �. Responsible for the initial investigation o! suspected proqra� fraud, documentinq and reportinq the lindinqs to the Metro HR1�1 administration. 8. Responsible for inspectinq any rental property beinq subsidized by the Metropolitan Housinq and Redevelopment ]�uthority. The�o inspections are done on an annual basis upon reque�t by client/landlord to detenaine unsata livinq conditions, and upon request by Metro HRA to determine any damaqe liability. Thes• inspections are dona in accordance with the Department of�.Housinq and Urban Development. 9. Responsible !or perlorminq duties at the request o! the Ketro HRA administration. lo. Maintains accurate monthly reports !or the City's reimbursement from the Metro HRA Section 8 Grant. . � _ � � _ - •� �� 1, Ability relationship agencies. to maintain with clients, Paqa Z 171 an aftectiv� interpersonal workinq owners/manaqers and sxial ssrvic� 2. Ability to communicate clearly the detailed require�ents o! th� housinq assistance proqram. 3. Ability to respond quickly and afficiently to problens rslated to tenant/landlord concerns whila remaininq nonjudqemantal and objective. 4. Ability to express onesel! in writinq and orally, analyz• and interpret data and prepare necessary manaqement report�• 5. Ability to represent both tederal and local govern�ant proqrams and policies. ' 6. Ability`to provide quality sarvices to applicants, cliont• and owners to assure maximun utilization o! proqraa tunds• Traininq and E erience Desired: A Bachelor's Deqree in Social Work, Housinq, Planninq or a relatsd field. - . .-� - .� . .:i _ . .-. Under the general supervision o! the Planninq Coordinator. Direct supervision from the Prograa Operations Supervisor trith th� Metropolian Council HRA. Supervision of Others: None. Responsibility,for Public Contact: Contact with City employees, Metro HRa employees, state/federal employees and the qeneral public. . 17J STATE OF MINNESOT� COIINTY OF ANOlCl� THIS AGREEMENT is made this 20th day of December, 1988, by and between Mr. Jon T. Thompson and the City of Fridley. WHEREAS, the City of Fridley agrees to engage the professional services of Jon T. Thompson, an independent contractor, as Construction Estimator and Inspector for the City of Fridley, subject to the following terms and conditions: 1. Mr. Thompson agrees to provide the City of Fridley with preliminary and final cost estimates for improvements of streets, sanitary sewers, storm sewers, watermains and other special improvement projects; to inspect same to ensure compliance with plans and specifications; to develop preliminary and final reports regarding improvement projects; to monitor construction estimates and payments; to prepare application for State Aid reimbursement; to update zoning, street, utility and engineering maps, specifications and data; to obtain and compile technical traffic count data; to perform survey and drafting work; to work with contractors and property owners to resolve problems relating to improvement projects and service locations; and to research and prepare engineering reports. The contractor at all times retains control over the manner and means of the performance of the above described services. 2. Mr. Thompson agrees to be available to provide his professional services from January 1, 1989 through October 31, 1989, inclusive, or for a total of ten (10) months during the calendar year 1989 by mutual agreement between Mr. Thompson and the Director of Public Works of the City of Fridley. 3. Mr. Thompson agrees to supply his own equipment, tools and materials for the performance of his duties as Construction Estimator and Inspector. He further agrees to be in complete charge and control of his employees, if any, as well as the methods and means used to perform each job for the City of Fridley. 4. Mr. Thompson agrees to hold harmless and indemnify the City of Fridley from all claims, suits, actions, costs, counsel fees, expenses, damages, judgments or decrees, by reason of any person or persons or property being injured or damaged as a result of any services performed by him as an independent contractor on behalf of the City of Fridley. = 5. Mr. Thompson agrees to secure and maintain workers' compensation insurance, if required by law, and liability insurance in the amounts of $500,000 per person and $500,000 per occurrence for bodily injury and $100,000 for property damaqe; and to have the City of Fridley named as insured on said policies. He further agrees to present evidence of such insurance to the City of Fridley. 6. Mr. Thompson acknowledges that he is an independent contractor and agrees to take no action which would adversely affect this relationship, including but not limited to: failure to file his own quarterly withholdings, failure to provide for his own workers' compensat.ion insurance, or the filing for unemployment compensation against the City 17K Jon T. Thompson Contract Page 2 7. In return for his professional services as an independent contractor in the performance of the services described in Section 1 above, the City of Fridley agrees to pay Mr. Thompson $35,825.00 under this Agreement. Payments will be made upon receipt.of a billing from Mr. Thompsor►. IN TESTIMONY WHEREOF, the said party has signed this Agreement the day and year written below. �-- %- ��z2t�.. F� J T. Thompson STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) On this 14th day of December, 1988, before me, a Notary Public, within and for said County, personally appeared JON T. THOMPSON, to me known to be the person described in and who executed the foregoing instrument and acknowledged that he executed the same as his free act and deed. ,--•-., CLYDE V. MORAVEIZ �% _ c�G � �� yA t.OTARY PUPLIC •'..,y_cCTA � . , ��-^ �� ANOK/1 (�r , �i, f C�:': :;. C.:, ,.. ..�4 i IN TESTIMONY WHEREOF, the said party has signed this Agreement the day and year written below. STATE OF MINNESOTA ) )ss. COUNTY OF ANOKA ) CITY OF FRIDLEY BY: William w. Burns, City Manager The foregoing was acknowledged before me this 20th day of December, 1988, by WILLIAM W. BURNS, the City Manager of the City of Fridley, a Public Corporation under the laws of Minnesota, on behalf of the Corporation. � � � NAME FOR CONCURRENCE BY THE CITY COUNCIL ApPOINTI�ENTB December 19, 1988 STARTING STl,RTIlda pOSITION SALAR DATE RBPLACES Michael Larson Assistant Liquor $21,144.83 Jan. 1, Promotion and 5tore Manager per year 1989 r e c 1 a s s i- (Exempt Range 2) fication James Saefke Maintenance III $12.98 per Jan. 1, Promotion and hour 1989 reclassi- . �$2�249,g7 fication per month) Gerald D. Long Operations & $12.72 per Jan. 1, Promotion and Maintenance hour 1989 reclassi- Specialist ($2,204.80 fication per month) Kim Hermann Maintenance II $12.46 per Jan. 1, Promotion and hour 1989 reclassi- ($2,159.73 fication per month) . Susan Yrber Personnel $25,756.08 Jan. 1, New authori2ed Technician per year 1989 position (Exempt Range 4) Jill Hinnenkamp Office Assistant $8.73 per Jan. 7, Susan M. (Non-exempt hour 1989 Clausen Grade D) ($1,512.36 per month) C�''c�c'' � 19 CITY OF FRmLESi CATV AWISORY CCt�ISSION N�TING, NCNII�iEFt 17, 1988 CAI�L � OI�ER: Chairpersoa� Stouffer called the Navember 17, 1988, CATV Advisory Ccnnussion meeti.ng to order at 7:D0 p.m. . FifJLL CAI�, : MemUers Present: Ralph Stauffer, Duane Petersan, Burt Weaver Ma�rs Absent: Barbara Huc�es, Robert Scott Others Present: Clyde Nbravetz, City of Fridley Mark Haim�erstrcm. Nortel Cable . APPROVAL oF S�fiII�iBER 15 , 19 88 , CA'iv ADVISORY Ccr'II�'1ISSION r'iINC1TE.S : MO'I'ION by Mr. Peterson, seoonded by Mr. Weaver, to apprwe the September 15, 1988, Camtission minutes with the following correction on page 1, second line fran the bottan of the page: "Mr. Prairie" should be changed to "Mr. Peterson" UPON A VOICE VCIPE, ALL VOTING AYE, CHAIRPgtSON S'TO[JP�'ER DDCL+AFtID THE MOTION CARRD� UNANIl�IIJSLY AI�ID THE MII�TES APP�'1VF� AS AA'IEI�IDID. APPRC7VAL OF AG'II�IDA: MC7rION by Mr. Weaver, secanded by Mr. Petersan, to approve the agem:a as presented . UPON A VOICE VdTE, ALL VCITIlVG AYE, CHA�RPERSON STOUFFgt DDCS.ARID THE r10TION CARRIID LJNANIl�IC7IJSLY. I. A.^IOKA COLTI�T!'Y CCNIl�'�JNIC�,TIONS WORKSHOP: A. Receive Second and Third Quarter Reports MCIrION by Mr. Weaver, seconded by Mr. Petersan, to receive the Anaka County Camunications «orkshap Seoond and Third Quarter Reports to the City of Fridley. UPON A VOIC� VO�TE, ALL VO►TING AYE, CHAIFtPER.SON STOU�Ft DEJCLAiZID TiiE MO�ION CARRIFD iJI�+,NIl�KJIJSLY. B. Fornial Motion Rec�rending Apprwal of 19 89 City-ACCW Agreement (previous ly approved by Catmission by mail poll) 19A CAN ADVIS4RY Q'rT9ISSION I�TING, NK7VII�ffiFR 17, 1988 PAGE 2 MdI'I(7N by Mr. Weaver, seconded by Mr. Peters�, to forntially apprave the 1989 City ACC.'W Agreesnent. Mr. Moravetz stated this Agreement had one sligfit chang�e fran the one mailed to the Crnmi.ssion mP�rs which they appraved by telephone poll. -Iie stated this was basically the same agree�ent that has been e�aec.'uted in past years between the City and the P,OC'W. . Mr. Stauffer stated that regarding the procedure of polling CoRmission members by telephcne, he has asked Mr. i�bravetz that fr�sn nvw o�, instead of ass�ming that Ccarnission n�i�ers agree oa� something that is mailed to them, Mr. M+oravetz attached a slip with a self addressed sta�c�cl e.nvelcype that the Carmission memt�ers must mail badc to Mr. Moravetz indicating their agreement or disagreement. He stated this protects Mr. Moravetz and the CaRmission members anci there is a record in the file indicating the Co�mission's action. UP(xv A VOICE W'rE, ALL VO►TING AYE, CI�IIRPII�90N S'POiJ�FFgt DDQ�� T4� MO'� ION CARRIID UI�TIPY.XJSLY. C. Letter of Thank You dated Navember 4, 1988 P1r. Moravetz state� this was inforniatian only, and no actian was needed by the Cacnnission. I I. NOR'I'EL CABLE REPOP.TS : A. Annual Operations Report, October 1, 1988 Mr. Moravet2 stated that under the City of Fridley's new cable television franChise, --,y _ai i_ ��.,;n.V'. t;__=m:.t J•. t4'.i1iS7� CT��:r��t'�.:._tl� R•,�. t.i= annual OQeratioris Report. He stat,ed that, basically, Mr. Hanmerstro�m had followed the forimat used in the past 2-3 years, ar�d the report was attached to Mr. Haimierstram's letter dated Sept. 30, 1988, to Mr. Moravetz. Mr. Weav�er referred to the last sentence of ti�e last paragragh of Mr . F�m�erstran' s letter which stated: "As there were m FCC Proof of Perforniance Tests or other technical t�ests perfozmed which `a�e were �Ni� to perform within the last six months, i have not included ar�y inforcnatian relating to this equignent." Mr. Weaver asked Mr. H�tmierstran why no FCC Proof of Perfarmance Tests or technical tests were perfozmed. - Mr. H�cmerstran stated he believed the Proof of FerfozTnance tests were dcme last Januaiy and were suixnitted far the year then, so far this garticular re�port, there was no req�iirement for Proof of Perforn�e tests or other technical tests to be perfornied. Mr. Stouffer asked Mr. i3aam�erstram if there was always going to be a six month lag between the Annual Operations Report and the Pxoof of Perforn�anoe tests. t�v ADVISORY OCl�'A�SSICN NF�'�IlNG, NOVENB�ER 17, 1988 PAC�E 4 C. Annual Subscriber Servive i�spor�se and Aebate Polic.y Notifications I�. rbravetz stated that ulder the rrew FYidley fr�d�ise, Sectirn 405.09, _ paragraph 7, Nortel is required to riotify their aLSto�rs of their annual Subscriber Service Aespo��se �d Faebate Policy. Zhis policy was attac3�ed to Mr. Ha�erstrcm's letter dated Oct. 14, 198$. I�D�l'IQ�t by 1�. Feterson, sea�ded by N�. Weaver, to reoeive the Servioe RespaLSe and Rebate Policy and I�. Hannerstran's Oct. 4, 1988, letter t� Mr. Nbravetz. LPCN A VOICE W►TE, ALL �iOTING AYE, QiAIF�ERSC7N STC�k'FF•R DECLA�D ZI� M7TICN CAi2RIED LNFININDtSLY. D. Peveive Zlzird Quarter 1988 Franc�ise Fee M7I'ION by Mr. weaver, seocnded by Mr. Petersaz, to reveiv�e the Zhird Quarter 1988 �andnise Fee. L�CJ[V A V�I(� VO►TE, ALd. W'�ING AYE, �iAIRP£PSCN SZOLIF'FER IEQ�RED � MyI'ICN CARRIED LL�IAIVINDL6LY. N�. Nbravetz stated that, as requested by the Catmission, Mr. Hatmierstrom had included the third quarter fran the previous year for oattparison puzposes . I I Z. FRI DL.EY CABIE QTVSOKTI LA4 ( FCC) M7rI0N by Mr. Peterson, seoar►ded by N�. Weaver, to reoeive the Aug. 31, 1988, October 5, 1988, and October 26, 1988, �Yidley Cable Qonsortitan ireeting minutes. i�(1V A WIC� W'I'E, ALL VOTING AYE, ��.�IRPIILSQV SZOCiFFER IECL�D � NYn'.[CN CARRIED iNANIINfJLSLY . IV. S�'F REPC�r A. I��ro dated Septanber 29, 1988, regar'cling I�ocal C�Z'V Developments and Crnc�erns I�. Maravetz stat,ed he had written a memo t� William Bunzs, City Manager, outlining the local C�„TV developtents and anverns. He stated that in September Nort,el, nade the decisirn bo drop KTC[ (Q�annel 17) a¢�d replaoe it with TNT (Turner Netsaark �levisio�) . C-Span (Chanr�el 15) was talgen - off previo�ly. � ' K!I'IGN by I�. Weav�er, searded by Mr. Peterson, to reoeive the nenn dated Sept. 29, 1988, regarding Local CATV Develapments and Oanoerns. i• • • M � � • • � • • •i• �•.. • � i a�� « • •�a�� t • • v •�- a� • , 19C 19D CATV ADVISORY �N4`�SSIQ�t NEE.TING, NWENBER 17, 1988 PAC� S g. Cable Televisi� Cl��laints Sul�nitted by Ralph Overlie dated Oct• 21, 1988 Mr. Nbravetz stated this �iplaint was .first sent to IAUisville, Kentudcy. He stated I�'. Hannerstran has resprnded to this perso�'s oonplaint, aaid . he believed the prcablem has been resolved. M7i'I�1 by Mr. Petezson, seocnc3ed by Mr. Weaver, to reoeive the Cable �el,evision Car�laints submitted by Ralph Overlie on Oct. 21, 1988. t�(N A WICE VO�IE, ALL Vt7I'ING AYE, QiAIRPERSUN STOiJFFER DEC7�ED 'II� M7�ICX�I (�RRIID LNANII�LSLY. V. FSTABI�ISH OCY�'�2ISSICN NEE,TING I]�,TES �R 1989: NY7rIQV by Mr. Weaver, seo�nded by Mr. Peterso�n, tA acbpt t'�e CATV Advisory C.anrrd ss ion meeting dates for 19 89 as sutmi tted by staf f. LPQV A WICE W�, ALL VO►I'ING AYE, QiAIRPERSCN S�OUFFER IEQARED � M7rICN CARRIID LNANIM�JtSLY . �� • • � MyI'IOIV by Mr. Petersan, seocnded by Mr. Weaver, to adjourn the meeting. t)pon a voice vate, all vating aye, �airperson Stouffer declared the Nwember 17, 1988, CATV Advisory Oca�mission meeting adjourned at 7:49 p.m �spectfully submitted, i � _� / i, /' "_ Lynne Saba Recording Secretaty 20 CTI'Y OF FF.IDT•� CI�R'TF.�t COrR�tISSIC�i MEErIlaG, OCIOBER 24, 1988 CAIZ� TO OF�ER: Chairpers� Her�dley called the Octaber 24, I988, Charter Camussio� meeting to order at 7:38 p.m. � RULL CALL: � Me.�nbers Present: Margaret Hendley, Ed Hairernik, Donald Betzold, Bruce Nelson, Ralph Stouffer, Gregg Hebeisen, Ozvi.11e Carlson, Francis van Dan, LeRoy Oquist P'iP.mbers Absent: Walt Starwalt, Geraldine Schei, Diane Savage, Donald Mittelstadt, Bab Minton Others Present: Bill Hunt, Assistant to the City Manager APPRWI�L OF SEP'I'II�IBIIt 26, 1988, CI�IIt C(�'IISSIC7D1 MINUT'FS: MO�I'ION by Mr. van Dan, seconded by Mr. Carlson, to apprwe the Sept. 26, 1988, Charter CaRnissio�n minutes as written. UPON A VOZCE VOTE, ALL VdTIPIG AYE' , CHAIRPERS01�' I�.TIDLEY DDCI�A-�ID THE MO►TION CARRI� iJNANI240[?SLY. APPRCNAL OF AGII�IDA: NK7TION by Mr. Stouffer, sec�nded by Mr. van Dan, to apprrnre the agenda as presented. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPII2SON F�L,EY DD(3�D Ti� 2YJTION CARRIID UNANIMOUSLY. 1. CONSIDII2ATION OF TEf�INS OF OFFICE C�' MAYOR AI`ID COiJNCII�ERS s * Report on Meeting of League of �Vanen Voters an September 27, 1988 Mr. Hunt stated he had not been able to attend the I,eague of Wanen Voters meeting rn Sept.erti�er 27th. Zhe aily infoanation he had was a draft of a letter fran Mary Boedigheimer, President of the Ieague of Wanen Voters, dated Sept. 25, re: Oannents oaz C�ty Qzarter Prc�osals. �is letter was presented to the public meetinq held bv the League on Sept. 27. Ms. Hendley stat�ed the meet;*� was poorly attended. Most of the people at the meeting w�ere either members of the City Co�ulcil or the Q�arter Qa�mission o� members of the League. �ere was one other person who stie believed was a h�band of aZe of the League me�exs . I�. Hendley stated she had presented the positian of the Qzarter Carmissi� and Nbr. Betzold had added sare informatiaz. �'►e� was some disc�ssion by the League. Zhey indicated they would no�t cb a ca�lete study which wo�uld tak�e the 20A Q3AR'I'ER CC[�SSICN NEETING, 0(.'ICBER 24, 1988 PAC£ 2 bett�er part of a year. Ms. Ii�dley stat�d she was disa�pointed at that decision. It was her �3exstanding when the Mayor and the C7a�mcil invited the League to do a study that they w�ere goirg b� cb just that. She stated it was also her ia�er� standing. �at the Ieague has a oatmu.ttee that was investigatin4 � P�P�� nd�rent, arid it wa� the positioci of the mercbers of that a�mnittee that sh�� talked to at the meetirig that they would nat be in fawr of this ciiange in the tenns of offioe. So, a study was not cbrre �at would result in a position by the entire League of Wanen Voters. A� . Hendley stated 1�. van Dan was at the meeting and spake in apposition to the dzange in the Qiarter. Mr. Stouffer stated he was also a little disappointed in the League, because the C�nission was led bo believe a study would be dorre. . I�. Hebeisen stated that in the first parayraph of Nls. Boecligheimer's lett,er, she stated "we did not �nduct extensive researcii nar oonduct a study of the proposed changes, nor did we attenpt a crnoensus �roaig aur nembers". Mr. H�mt stated he had ta�c7erstaod the Ieaque was going to do two things: (1) hold a public fonan and some kind of ineet.ing of their vwn me�ership to lodc aver these p�ed dzanges; and (2) oane up with a reo�ation to the City Oounci l. He stated it see�ned like tiiose two things were aRri�ined into one meeting. Mr. Stouffer stated it also sotmded like the Ieague came to ooa�clusions before they even had a public meeting, a�d that upset him a little bit. He weuld like tc� oonvey to the aty Co�mcil that the League of W�nen Vaters presented oonclu5ions before a p�lic meeting was even held. I�. van Dan stated that based on his slic�t f�ni.liarity with the League, when the League does perfarm a study, th�y foanul�te a task foroe and the task foroe has members wh� c3o researdi arxi repart back t�o the League. Zhen a decisioci is m3c3e and a oocioens�s arrived at by the whole bocly. Because there had been so little input, the �au�cil had asked the League ��a�rent an the proposed changes. A�thaigh he regretted that the League did nat oa�duct a study, the letter did State: "the FYidley League Of Wcmen Vobers is pleased tA be asked tro oanrent rn the pr�opo�sed aaner�nents to the C�ty �arter". Mr. van Dan stated that at the r•eeting held by the Ieague, Barbara Hv�es, o�e of the charter me�ers of the League, brilliantly presented a� e�ose a�d �de a oa�¢nent and this letter represented Ms. Huc�es' feelir�gs. � . I�. Hendley stated Ms. Huc�es presented the League's philosaphy. �e League has very, very specific ways of dealing with their studies, and Ms. Hughes was telling how the League, ag a na�partisan organization, m�ces its decisions. N'�. Hebeisen stated that in the letter, the League raises sane real questics�s about whether m�re wtexs are neaessarily better wters and whether peo�le can be �informed on local electians when they �ce canpeting aLso against natirnal electi«LS and natirnal issues. Qze of the membP.rs made the ao[m�ent that she thouc�t the d�ange in terms of of fic�e was a good iclea, but was inclined to like it better if el,ectiais w�ere held an odd rnaabered years which wauld put them dix�ctly op�osit� natirnal a�d state elections; then there wauld still be the 20B Q3AR'I�R CC1�'P�SSICN NEEI'IIJG, OCPCBER 24, 1988 PP�E 3 s�e fozmat of three oo�aicilm�rbers at cne tiroe and the ocxmcilme�:�beriat-large and the mayor at �e time. �is w�ould allaa the media and the wltmteezs and voter imerest to pool aro�md mare national issues and state issues at a�►e time and then also aratmd local issues and ev�ts. He stated aze of the • interests of the Qzarter �nrassion is to get m�re pevnle inwlved in Iocal elections and Local issues. Mr. Betzold stated he has felt all along that having an election ev�ery year disoourages wters, and they have been seeing a low wter turnc�ut. With the proposed amendn�ents , the Charter Carmission has tried to correct this situation and encaarage m�re participation, at least m�re r�resentation when they do have local elections. Mr. Betzold stated he realized it was the League's business to tzy to be involved in electians and try to have as many elections as possible, and this was input to the Council, but he certainly haped the Council was not abdicating their responsibility to decic3e by waiting for the League's decision, nor did he want the Council to turn around and ask the League to study the issue after the Charter CaRmission has already done all this work. Fie wanted the Council to v�te and make a decision one way or the other. If the Council daes not like the change and they turn it da�m, then it is the Crnmission's responsibility to put it cn the ballot for the voters to decide. r1r. Hunt stated he believed the intent of the Coimcil's request to trie League to do a study was to try and reach a larger public, because the attenpts by the Cv�ussi� and the Council had rbt done that. The Ca�dssion has done its job and has presented an amerx�rent to the Cauicil to be passed by ordinance. ^'he Council had the obligati� to hold a public hearing whi� tt►ey did, but they tabled the first reading until the second meeting in Januaxy to wait for the report fran the League. It was his understanding that if the League reported back earlier, the Council wauld act � it earlier. Ms. Hendley stated that in going back to the May 1987 meetin9 when the Cornnission invited past and present cauzcilm�ers and mayors, at that time they all indicated they were happy with the situation the way it is. They wese not look- ing for any change and did not see any reason for any chanc�. Mr. Stauffer stated that based on what Mr. Hunt has said, there is really nothing the Cccrmission can do rivw until after tY� second City Council meeting in January. He stated it seemed that the League did not do what they were asked to do, because this report was ba_�ed t� a minority of inei�ers and was not distributed to the general �mb�rship far a yea or nay vote.. - tir. Oquist agreed. He stated the City Co�mcil wanted more public input, but the Cauncil did not get that; th�y got a minority report a�d that is all. Ms. fiendley stated she also agreed.. She had felt that way at the p�lic meeting held by the League arxi she did oatnent to some people that she was disaP�Point�d that the League did not undert.ake this chazge as a study, which was her urxier- standing, and then take a position on it. 20C CHARTER CQNMISSION A'�'TIl�G, OCPOBER 24, 1988 PA� 4 Ms. Hendley asked how the Carmission me�nUers felt about the Caitnissian with- drawing this fran the City Caincil and preparing to p�t it oci the bal.l.ot. Mr. Stauffer stated the Coamissian has started a prooess, and they should continue that process and let the Council make a decisio� one way ar the at�er. Mr. Betzold stated if the Council cioes not vote to approve, for whatever reason, then the praposed amenc�nent m�st go to the wtrers. It should probably be on the ballot for the Nov�i�er 1989 electirn. That would be a city wide election. It would be folly to txy to call a special election in April, so they essentially have �e year. If the nozmal p�cesses are in place and the Council wtes scme time in January 1989, it Was his suggestiori to wai.t ar�d see what the Council does. tir. van Dan stated he would feel a little uneasy if they w�ere forcing the issue to a special election, because they are trying to increase particiPation in an electoral prooess. The Couricilmemi�ers are elected by the peonle, and the Chart:er Canmission members are not, so they shauld let the Council prevail first on their aan timelinee and the CoRmissi� can wait and see what happens. McnZOt�1 by Mr. Stouffer, seconded by rir. van Dan, to continue the process for proposed Charter amerY3ments to the City Council, and that the Charter Camdssioci review this iss� on a meeting-to--meeting basis. UPON A VOICE VO►I'E, ALL VUrItJG AYE, CHAIRP�SON HEP�LEY DD�n TH� MOTION CA.�t;L� UNANIl��(XJSLY. 2. CONSIDERATION OF RDCCNI�IDATIONS Fa2 r�12SFIIp IN THE Ci�Ai2TER COI'�MISSION: Ms. Hendley stated she had talked to John Sil]man who has lived in Fridley since 1979. He is the Coordinator for the Fridley Volunteer Sexvioe for the seniors and laa inoane people. He is n�ow retired arid has irxiicated he would be willing to serv�e oai the Charter Ccnmissian. He will submit a letter expressing his interest in serving. �e Ca►missiai members stated they would wte to send Mr. Sillman's name to the Judge after receipt of the letter. Mr. Hunt stat�ed he hc�Qed to f.ind dut the procedure, if arry, far reducing the size of the Cfiarter Carmission n�mbers by the rieut meet; *�+Q. 3. 0(7NSIDgiATION OF SFX.�IO�T 4.06 , NCY'4Il�TICNS SY PETITI�1: Mr. Hunt stated that at ttie last meeting, 2�Lr. Betzold m�de a motion reoannending same lariguage for discvssion and �daption by the Charter Ca�cmissian. MOTION by Mr. St,ouffer, secocided by�Mr. Oquist, to reaffizm the motian made ar► Se�pt.e�er 26, 1988, to reoanner�d that Section 4.06 of the Fridley City Q�arter be anended as follows: Sentence 6, beginning with "All nanination petitions..." be deleted aryd replaced with the follaaing wording: "All nomination petitions shall be filed with the City Clerk in aco�rdaryce with e e ection established by Minr�esota State Statutes." 20D CI'.P,R'I'ER OQt'MISSION MFETIlJG, OCPOSER 24, 1988 PAGE 5 UPON A VOICE VOTE, ALL VOTING AYE, CHATRPERS0�1 F�,TDLEY DDQARID TEIE MC)TION CARR� UI�1NIl�'I�CXJSLY. Mr, van Dan stated that in loaking at the won3ing of the m�tio�, he did nQt�like the word, "established", and felt it should be replac.�ed with a more appropriate word. To him, the w�rd "established" means a basic, first-time, nailed dawn fact, and this is not the case. It should be replaced �erith "regulated" or "contained in Minnesota State Statutes". P7dI'ION by rir. Nelsoai, seoonded by Mr. van Dan, to reopen discussion o� Co'�n.s 'iderati� of Section 4. 06 , No[ni.nations by Petition" . UPON A VOICE VO►I'E, ALL V�II1G AYE, Q�AIRPER.SON i�TDI�Y DEICIARF.D TE� NK7TION CARRgD LTI�NIlKQJSLY. MOTION by Dir. Stouffer, seconded by Mr. Betzold, to change the w�ording in the a-bo e m�ti� and that sentence 6 of Section 4.06 of the Fridley City Charter be amended as follaas: "All nomination petitians shall be filed with the City Clerk in aco�rdance with Minnesota State Statutes." L'PON A VOICE VOTE, ALL VO'TING AYE, CHAIRPER�ON f�DI�Y DDC.'LARID TF-iE MC7I'ION CARR� UNANIl�lfJU SLY . 4. CONSIDERATION OF SF7CTION 4.07, 2�]ONlINATING PE�TTTIOr1S (FOF�iAT) ; Mr. Hunt stated that at the last meeting, the Co�*crussion voted to refer the consideration of Secti� 4.07 to the City Attorney and the Charter Caarussi� Attorney for drafting the appropriate language to make Sectirn 4.07 a�nform with State Statutes. He stated this has not yet been done. This iteqn was oontinued until the next meeting. 5. CONSIDER.•_�'ION C7F' PREPARATION OF AN[�JAL RF�ORT IN C�LIANCE F'ITH MINNESOrTA 5'TA'I[]'I'ES , 410 . 0 5, SU� . 2: Mr. Hunt stated it had come to his attention that the Comnissi� has been out of oanpliance with this State Statute requirement to submit an annual report to the chief judge of the district court on or before Dec. 31 of each year. I�ION by Mr. Stouffer, seconded by Mr. Oquist, to submit an annual report to the chief judge of the district court on or before Dec. 31 of each year; the annual report to consist of the past year' s minutes ofi the Charter Canrussiari meetings, along with a oover letter signed by the Chai�erson inr3icatiflg this is the annual report and citing State Statute 410.05, S��bd. 2. Mr. Hunt stated the Nwen�r minutes w�uld not be approved by the Charter Catmission until their January meeting, and the annual report was to be submitted on a caler�dar year basis. Ms. Hendley stated she did not think the minutes had to be appzrnred minutes, and the Novemt�er mi.nutes wuld be submitted along with the rest of the year's minutes. CF�,RTIIt OCtMISSION I�.'IZNG, OC'POBIIt 24, 1988 PA�GE 6 Mr . Hunt suggested the cov�er letter iryclucle a s�snnaYy of the discussions and actioa�s by the Charter Contnissicn during the year, a�d then the minutes oould be attached to the cover lett�er. . The Cocrmission members were in agresnent`with that. •• • M • • � M P �• • �I• y, t�l � � QM • ' ?� 1 � • - �� ►• � r ti •� • - i� M�7TION by Mr. St.ouffer, seconded. by rir. van Dan, to adjrurn the meeting. Upon aroice vote, all wting aye, (3zairQerson �endley declared tY�e Oct. 24, 1983, Charter Cam�ission meeting adja�rned at 8:34 p.m. Respectfully suY�mitted, ., � � ^� J , L Saba Recording Secret-�y 20E 1 22 � FOR CONCURRENCE BY THE CITY COUNCIL $STIM7�iTL8 December 19, 1-988 Herrick & Newman, P.A. 6401 University Ave. N.E. Fridley, 1�I 55432 For Services Rendered as City Attorney For the Month of November, 1988. . . . . . . . . $ 3,825.15 Smith, Juster, Feikema, Malmon & Haskvitz 6401 University Avenue N.E. Fridley, MN 55432 - For Services Rendered as City Prosecutor For the Month of August, 1988 . . . . . . . . . $ 8,722.50 Civic Center Remodeling Through November 30, 1988. . . . . . . . . . . . $335,424.00 SEVCON, Inc. Route 1, Box 330 Cokato, MN 55321 Moore Lake West Basin Aerator Project No. 184 FINAL ESTIMATB . . . . . . . . . . . . . . . . . . $ 2, 321. 40 C.S. McCrossan, Inc. P.O. Box 1240 Maple Grove, MN 55369 Street Improvement Project No. ST. 1988 - 1& 2 Estimate No. 8 . . . . . . . . . . . . . . . . . $290, 088. 04 Minnesota Valley Landscape, Inc. 9700 Bush Lake Road Minneapolis, MN 55438 Landscaping, Irrigation & Lighting Project #168 Estimate No. 14 . . . . . . . . . . . . . . . . . . $45, 671..68 Volk Sewer & Water 8909 Bass Creek Court Brooklyn Park, l�i 55428 Water, Sanitary & Storm Sewer Project No. 183 Estimate No. 1 . . . . . . . . . . . . . . . . . . $ 9, 852 . 45 0 fROM: City of Fridley Engineering Divieion T0: Nonorable Mayor and City Councit City of Fridley 6431 University Avenue N.E. Fridley, Minnesota 55432 6ATE: DECEMBER 19, 1988 CONTRACT ITEM --------------------------- ilest Basia Aerator i01A1 CITY OF fRIDLEY PUBLIC YOAKS �EPARIMENT b43! 1fNIVEASITY AVENISE N.E. FRIDLEY, M3Nt�50TA 55432 MOORE iAKE RE5i0flATI6N PRD3ECT � 184 � STATEMENT OF YORK ESTIMATEO 11MIT AUANTITY PRICE UNI1 1.88 15,476.18 LUMP 5l1M --------------------------------------------------- RE: Esti�ate Nu.2 (FINAI! Period End. 12-15-88 FOR: SEVCON INC. ROUTE 1, Box 33e COKATO, MN. 55321 , 515-88-888 ------------------------------- Qt1ANTITY THIS TOTAL ESTIMATE TOTAI AMOIJNT ----------------------------------------- 8.1 1 15,176.8@ ----------------------------------------- 515,41b.81 23A sunnaAr: OrigiAal Contra�t Atount Contract Additions i.ontract �eduttiona Revised Contract A�ount Value Co�pleted To Date AAOUnt Retained (HI) less Aaaunt Paid Previously AM�UNT DUE THIS EST[MATE CERTIF3CRiE OF TNE CONTRACTOR S 15, 476. er se.e� 38.Bi ft5,476.N ft5,�76.8i se. ee S13,S54.61 t2,321.40 i he�e6y certify that the Mork perfor�ed and the �aterials supplied ta date under the ter�s of the contract for this praject, end all authorized changes the�eto, have an actual value under the contract of the a�ounts shoMn an this esti�a (and the ina quantitie5 on the final eeti�ate are correct), and that this esti�ate is �ust and cn�rect and na part the °A nt �ue This Esti�ate' has b received. By - ----- -�_ - - Date r � �a - -- ------ - �. -- — --- -- ------ ontractor's Au hori:ed Aepresentati�e tTitlel CERTIfICATE DF iNE EM6INEER I herehy certify that I have prepared or exaained this e5ti�ate, and that the contra�tor is enfitled to pay�ent of this esti�ate under the cnntract for reference project. CITY �F fRIOLEY, INSPECTOR By- �- -- --- kedBy ------------------------------- I/PPRPA6E1~A6 �kPAfiE1`A6P �P,PA6E.;'A6PP I � ➢ate _ / ___ �� Respectfully Suh�itted, -- --------- ------------- a 6. F1ora,P.E. u61ic Norts ➢irector 23B December 19, 1988 To: Public Works Director City of Fridley 23C REPORT ON FINAL INSPBCTION FOR CITY OF FRIDLEX MOORE LARE WEST BABIN AERATOR PROJECT NO. 184 We, the undersigned, have inspected the above-mentioned project and find that the work required by the contract is substantially complete in conformity with the plans and specifications of the proj ect . All deficiencies have been corrected by the contractor. Also, the work for which the City feels the contractor should receive a reduced price has been agreed upon by the contractor. So, therefore, we recommend to you that the City approve the attached FINAL ESTIMATE for the contractor and the one-year maintenance bond, starting from the day of the final inspection that being December 15. 1988. �-� � JT/ts FINLRPT - i- - - .---�. Jo hompson, Const ction Inspector ruce Sever on, President SEVCON, INC. CITY OF FRIDLEY PUBLIC WOR1C8 DBPARTMENT ENGINE$RING DIVIBION 6431 IIniversity Ave., N.B. Fridlep, I�IId 55432 December 19, 1988 Honorable Mayor and City Council City of Fridley C/O William w. Burns, City Manager 6431 University Ave., N.E. Fridley, MN 55432 Council Members: CERTIFICATB OF THE ENCiINEER we hereby submit the Final Estimate for Moore Lake West Basin Aerator Project No. 184, for Sevcon, Inc., Route l, Box 330, Cokato, MN, 55321. We have viewed the work under contract for the construction of Moore Lake West Basin Aerator Project No. 184 and find the same is substantially complete in accordance with the contract documents. I recommend that final payment be made upon acceptance of the work by your Honorable Body and that the one-year contractual maintenance bond commence on December 19, 1988. , Respectfully submitted, �' �� - ohn G. Flora Director of Public Works JT/ts FINLENGR Prepared by: �� Checked 23D December 19, 1988 City of Fridley MOORE LAKE WEST BASIN AERATION PROJECT NO. 184 CERTIFICATE OF CONTRACTOR This is to certify that items of the work shown in the statement of work certified herein have been actually furnished and done for the above-mentioned projects in accordance with the plans and specifications heretofore approved. The final contract cost is $2,321.40 and the final payment of $15,�76.00 for the improvement project would cover in full, the contractor's claims against the City for all labor, materials and other work down by the contractor under this project. I declare under the penalties of perjury that this statement is just and correct. SE CON, INC ruce Severson, President JT/ts FINLCONT 23E � W F � �L' M ("� N W aD < m EfX- � (� x �i O C � U O � � C7 ++ G� ►-xi • U O O Q� Lt� ` 41 a �. � �� aa o wH U U ►ti � M V a � � i E- i E i m i m i Bi i n i � I .i � i � i � i . i � i � � � m� m� m� m m� a� m m m t'�Tat��•-itD•� f7�U�m � I o+.rw�ov�.�m�u�im..ma�n � c0 T-�t� cV V�tiD'+N�+O'+SNaOL� � IA W IA If7 m•y t0 N 19 •i ��Y' Pl •-1 L� � •tit')•�h N•�m•♦fVl`d �aON i Oqlm�(AN•-r��IM i � � � • 1 1 � 1 � � � 1 • 1 1 1 � � a � N z � � � i � i O�. � n i �•�-r n i � i � � � E� H U I � i � N i � � � O�C r. M 'SS � U N � � N � m� m O � � 4^ [~-� N � f-I < . � Ls. 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