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10/18/1993 - 4939WILLTAM W. BURNS CITY MANAGER COONCIL MEETING OCTOBER 18, 1993 / � CITYOF FRlDLEY FRIDLEY CITY COUNCIL OCTOBER y 8, 1993 PLEDGE OF ALLEGIANCE: APPROVAL OF MINUTES: City Councii Meeting of October 4, 1993 ADOPTION OF AGENDA: . � ..� � � . . . : ,.... ,�. ./�,;:. r��:: � . : . . -:. � . .: � .. �� . �. � �. � � :. ��y� - �. � . . �� . . .. . . . _ ��ti�, . : : �. �� OP�N FORUM. VISlTORS: �� (Consideration of Items Not on Agenda - 15 Minutes) Update - Sheriff Kenneth G. Wilkinson PUBLIC HEARINGS: Rezoning Request, ZOA #93-01, by Oliver Tam, to Rezone Property from C-3, Genera! Shopping Center, to R-3, General Multiple Dwelling on Property Generally Located at 1160 Fireside Drive N.E. (Tabled October 4, 1993) . . . . . . . . . . . . . �~?� � �;� �%'� . �J"� � . . . . . . . �. _ ��. . . .C� 1 - 1L ., FRIDLEY CITY COUNCIL MEETING OF OCT4BER 18, 1993 Page 2 PUBLIC HEARINGS � � � Prel�mmary Plat Request, P.S. #93-03, � �% by Oliver Tam, Tam Addition, to Replat Property Generally Located � at 1160 Fireside Drive N.E. (Tabied October 4, 1993) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 - 2Q . : . . . . .1 .. . ✓�� (� Assessment for Street Improvement �� . Project.. No. Street 1992 - 1. & 2 . . �;d � . �. . . . .. . . . 3 -.3B � . . .� � : � . . �. : : � � ��. � � � . . . .. . . . . . . . . . . . .� .. . . . . � . . _ . . �: . � . . . : . . . . ... . . �.�. . . . . . . . . . . . . . . ..� .�.. � . �. . ..� � �� -. . . . . � . : � � � . � .. . . . . . , . . - . . . . . . . . . . . . . . . . � Assessment for Treatment� and. Remova! '��. � . . . . . � . . . . of Trees, 1993 . . . . � . . . . . . . . � . . . . . . . . . . . . . . . 4 - 4B . ° � �_ . . �� . OLD BUSINESS: CATV Advisory Commission Appointment �` (Tabled October 4, 1993) . . . . . . . . . . . ��'. . . . . . . . 5 ,r ,, . Variance Request, VAR #93-23, by St. �' ��,��,.� ��'`'� Philr s Lutheran Church, to Allow '� !'�" �� p the Display of a Temporary Sign for �'r �� ; More than Two Weeks, Generally Located at 6180 Highway 65 N. (Tabled October 4, 1993) . . ., . . . . . . . . . . . . . . . . 6 - 60 � �� . ��.:: FRIDLEY CITY COUNCIL MEETING OF OCTO.BER 18, 1993 Page 3 . Appointment: City Employee ....... ... ....... 7 � Resoiution Authorizing Signing an Agreement for Certain Employees Represented by International Union � � of �Operating Engineers, Locai No. 49, . . AFL-CIO (Public Works Maintenance) for 1994 . . . . . . . . . .� . . . . . . . . . . . �' . . . . . . . 8 - 8AA � . : ;r�.,. � First Read�ng af �n. Ordinance Amend�i�g �� . : .. �� . '� �� - .Chapter 603, Intox�cating Liquor, .by � � Amending Section 60�.20 . . � . . . . . . . 7�� : . . . 9 - �A � Resolution in Support of an Application for a Minnesota Lawful Gambling Premise � Permit to Fridley American Legion Post 303 .�� ..... 10 - 10A Resolution in Support of an Application for a Minnesota Lawful Gambling Premise ,E��l�� Permit to Fridley VFW Post 363 . . . . . . . . . . . . . . . . . . . 11 - 11 A Resolution in Support of an Application for a Minnesota Lawful Gambling Premise �� Permit to Lions Fridley Club (for Maple Lanes, 6310 Highway 65 N.E.) . . . . . . . . . . . . . . . . . . . . 12 - 12A FRIDLEY CITY COUNCIL MEETING OF OCTO.BER 18, 1993 Page 4 � Resolution in Support of an Application for a Min�esota Lawful Gambling Premise �� Permit to Lions Fridley Club (for T.R. McCoy's, 7820 University Avenue N.E.) . . . . . . . . . . . . . . 13 - 13A Extension of Special Use Permit Request, SP #92-01 and Variance Request, VAR #92-02, by Walter KIWS, . Generally Locafed. at. � � � � . � �� . � � . . .. . . � _ � ..7883 : �ast �River Road -N:F:� : . . ��. : . ,, . . � . . . .. . . : . .. . � . . i•1:4 � ��4A. : . : �-`-----�. _ . . Establish a�Public Hearing for `��`�� November 1, 1993, for an ti` ` Ordinance Establishing Chapter 12 � Entitled "Abatement of Public ,� Nuisances" to the Fridley City Code ...................................... 15-15E Approve Hold Harmless Agreement Between the City of Fridley and Steinwall, Inc., to Allow Construction of a 10' x 10' Gazebo in the Easement, on ��;� Property Generally Located at 7875 Ranchers Road N.E. . . . . . . . . . . . , . . . . . . . . . . . 16 - 16C � � . � U`/ �1 FR(DLEY CITY COUNCIL MEETING OF OCTOBER 18, 1993 Page 5 E Approve Purchase Agreement between � the City of Fridley and Scott� � � �� Kohanek for the Purchase of Property � i (�` Generally Located at 6116 Central �� ✓ Avenue N.E. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 - 17B Approve Lease Agreement between the. Cify� of Fridley and Ed�vard . .. . �.. Andrix; ,I°I:I.,<and �:Donr.aa��M.arae , . � � � Me(ich�, �for �Pro ert .� :�ene�rail .. . _ : . _ � : _. `�� . , .i�� :. ': �-. � _;.� � ' .. P . Y. � Located��t �611� Cent�al Ayenue. � . � � :. � . � �� N�.E. . : . . . . . . . . .� . , . . .� : . . . �. � . . . . . : �18 - 18A Approve Agreement Between the City of Fridley and Professionaf r � Redevelopment Resources, lnc., ��,( for Relocation Consulting Services . . . . . . . . . . . . . � . . . 19 - 19D Approve Agreement between the City of Fridley and Independent School District No. 14 to Lease the "A" Frame Building Located at North Innsbruck Park` . . . . . . . 'r�iJ ..... ..... 20-20F ��/ � FRIDLEY CITY COUNCIL MEETING OF OCTO.BER 18, 1993 Page 6 9 Motion Directing Payment from the � Cable Television Franchise Fees to fndependent School District 14 �-� � � for the Purchase of a Character �� Genera#or . . . . . . . . . . . . . . . . . . . . . . • - • - . ,�: . . . . . . d . � Approve Agreement Between the County.. w ..� � of:Anoka �rrd fhe �Cityto'f Fi�idley � . �. � ��: . . � - - . - -�Providing �the ��ity' Drive�iv.ay, and� Util�ty . ��. ��' . Easer�ents for Access to �the Fridley : . ., ��. ' � . 21 - 21 D 0 " � .:I Fire�Training Facility� �. .� . .�..�.". . . . �.�. .�.�. . . . . . ... . 22-�22C Approve Agreement Between the County of Anoka and the City of Fridley for the 4k�"�,��ua/ Installation of Traffic Control Signals at the Intersection of CSAH No. 8 and ,. / the Main Entrance to Unity Hospital . �� . . . . . . . . . . . . . . 23 - 23E t� Resolution Appropriating Municipal � ��,,, ��,�-� State Aid Funds to a Municipal � Off-System Project . . . . . . . . . �� . . . . . . . . . . . . . . . . 24 � FRIDLEY CITY COUNCIL MEETING OF OCTOBER 18, 1993 Page 7 NEW BUSINESS (CONTINUED�: Receive Bids and Award Contract for ��"L" ��`°`� Locke Park Fiiter Plant Project �' _ No.240 ............................... ... 25 25B Receive Bids� and Award Contract for the Lease/Purchase of a Sidewalk �� Snowpbw and Accessories . . . . . . . . . . . . . . . . . . . . . . � �Approve Change Qrder IVo.-� to�.�'win .� � City Army Ammunition:Plant � . � `Interconnect Line;. Project�No: 248 � �. �..�: . . Approve Change Order No. 2 to Twir� City Army Ammunition Plant Interconnect Line, Project No. 2� .,� . 26 - 26D �. � � �� `'� y� �Ze�.�.. d�.�a-� �t 28 - 28B G�-c ;u.�✓. . . . . ,� ?-�-�.�� • ��/�� Resolution Confirming Assessment for Street Improvement Project No. �� Street 1992 - 1 & 2 . . . . . .�� . . . . . . . . . . . . . . . . 29 - 29B � Resolution Confirming Assessment for y�� -�w-d - the Treatment and Removal of S�_,1993 . . . . . . . . . . . . 30 - 30B FRIDLEY CITY COUNCIL MEETING OF OCTOBER 18, 1993 Page 8 Resolution Certifying Certain De.linquent Utility Services to the County Auditor for Collection with th 1994 Taxes ... �� ............. 31 -31H Resolution Certifying Charges to the � � � County Auditor to be Levied Against �t Certain Properties for Collection with the Taxes Payable.in 1994 (V1/eeds)- . . . . . . . . . . . . . 32 - 32B . _ .. : .. . �'"� � ' .� � �. � .�.. � � � ; �:._ � . . � Resofution Authorizing �Submission of � � � � � the Grant Application and Execution - �� -1.� . �. of the Grant Agreement - Federal P� � Hiring Supplement Program . . . . . � . . . . . . . . . . . . . . 33 - 33A v� v First Reading of an Ordinance Amending Chapter 2 and Section 4.04 of the �� Fridley City Charter . . . . . .��. . . . . . . . . . . . . . . . . 34 - 34F . � r� �/ First Reading of an Ordina ce Amending Chapter 3 of the Fridley Cit Charter .. � � ....... 35-35D ,, J,� > �'` � � � '' "� ; �_�\ � �' . .. FRIDLEY CITY COUNCIL MEETING OF OCTQBER 18, 1993 Page 9 � Informai Status Reports . . . .� . . . . . . . . . . . . . . . . � Claims ....... � ........�,,�' ................... � � . •Licenses� � .� . , Es#imates ADJOURN: K�� 37 . .� �. .:� .. . ; � �.3$ •'3$C. � ,. . . � .. . �� tl . ._ . : . �. . � i. _ . . . . . .. . . � � . . . . . . . . . . . . . . � ,�a/.�. . . . . . � . . . �. . . . . . . . . � . 39 / ��L /t - � � THE MINUTES OF THE FRIDLEY CITY COOIdCIL MEETING OF OCTOBER 4�, 1993 _ THE MINUTES OF THE REGIILAR MEETING OF THE FRIDLEY CITY COUNCIL OF OCTOBER 4, 1993 The Regular Meeting of the Fridley City Council was called to order at 7:38 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL• MEMBERS PRESENT: Mayor Nee, Councilwoman Jorgenson, Councilman.. Billings, and Councilman Schneider MEMBERS ABSENT: Councilman Fitzpatrick PRESENTATION OF PROCLAMATION: LOCAL CABLE PROGRAMMING WEEK - OCTOBER 3- 9, 1993: Mayor Nee read and issued a.proclamation proclaiming the week of October 3 through 9, 1993 as Local Cable Programming Week. ADOPTION OF AGENDA: MOTION by Councilman Schneider to adopt the agenda as submitted. Seconded by Councilwoman Jorgenson. Mr. Flora, Public Works Director, requested that Item 16 be removed from the agenda. MOTION by Councilman Schneider to amend the above motion to delete Item 16 from the agenda. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unar�imously. � UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: There was no response from the audience under this item of business. PUBLIC HEARINGS: l. PUBLIC HEARING ON REZONING REQUEST, ZOA #93-01, BY OLIVER TAM, TO REZONE PROPERTY FROM C-3 GENERAL SHOPPING CENTER TO R-3 GENERAL MULTIPLE DWELLING ON PROPERTY GENERALLY LOCATED AT 1160 FIRESIDE DRIVE N.E. (CONTINUED FROM SEPTEMBER 27, 1993): MOTION by Councilman Schneider to re-open this public hearing on Rezoning Request, ZOA #93-01. Seconded by Councilwoman Jorgenson. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 4, 1993 PAGE 2 Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Schneider stated that the petitioner, Oliver Tam, requested that this item be continued to October 18, 1993. MOTION by Councilman Schneider to continue this public hearing to October 18, 1993. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. PUBLIC HEARING O_N PRELIMINARY_,PLAT REQUEST, P.S. #93-03, BY OLIVER TAM, TAM ADDITION, �O REPLAT PROPERTY GENERALLY LOCATED AT 1160 FIRESIDE DRIVE N.E. (CONTINUED FROM SEPTEMBER 27 1993 : MOTION by Councilman Schneider to.re-open this public hearing on Preliminary Plat Request, P.S. #93-03. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor I�ee declared the motion carried unanimously. Councilman S.chneider stated that the petitioner, Oliver Tam, requested this item be continued.to October 18, 1993. MOTION by Councilman Schneider to continue this public hearing to. October 18, 1993. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Ms. Dacy, Community Development Director, stated that the affected property owners wauld be renotified that these public hearinqs were continued to the October 18, 1993 Council meeting. OLD BUSINESS• 2. ORDINANCE NO. 1019 AMENDING CHAPTER 113 "SOLID WASTE DISPOSAL AND RECYCLING COLLECTION " BY AMENDING SECTION 113 07 AND CHAPTER 11 "GENERAL PROVISIONS AND FEES " FOR SOLID WASTE PROGRAMMING FEE, BY AMENDING SECTION 113: � MOTION by Councilwoman Jorgenson to waive the reading of Ordinance No. 1019, adopt it on the second reading and order publication. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 3. ORDINANCE NO. 1020 UNDER SECTION 12.06 OF THE CITY CHARTER DECLARING CERTAIN REAL ESTATE TO BE SURPLUS AND AUTHORIZING THE SALE THEREOF (GENERALLY LOCATED AT BROAD AVENUE AND LAFAYETTE STREET)(TABLED SEPTEMBER 27, 1993): MOTION by Councilman Billings to remove this item from the table. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COIINCIL MEETING OF OCTOBER 4, 1993 PAGE 3 MOTION by Councilman Billings to waive the reading of Ordinance No. 1020, adopt it on the second reading and order publication. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 4. RECEIVE TTEMS FROM THE APPEALS COMMISSION MEETING OF SEPTEMBER 14, 1993 (TABLED SEPTEMBER 27, 1993): � VARIAN�E REQUEST, VAR #93-23, BY ST. PHILIP'S LUTHERAN CHURCH� MOTION by Councilman Sehneider to remov� this item from the table. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Ms. .Dacy, Community Development Director, stated � that the petitioner is requesting a� variance to the temporary sign ordinance. She stated that the sign ordiriance limits temporary signs to a two-week time period. St. .Philip's would like a temporary sign for'three years. . .. . �� . : Ms. Dacy.stated�that the Appeals Comm�sszan unanimously+recommended � der�ial of th�is request: She stated that the Commission felt the variance�did not meet the test as outl�ined in tfie�sign ordinance,� and the time period was too long. Councilman Billings asked the size of the sign. Ms. Dacy stated that the existing brick sign is 5.5 feet by 14 feet, and the message area is 24 square feet. She stated that the sign for which the temporary permit is requested is 46 square feet in area. Councilman Billings� stated that even��though the�zoning�on the� church property is residential, the rest of tlie intersection is zoned commercial, and an 80 square foot sign would be permitted in a commercial area. He stated that a church in a residential area receives different treatment than other structures from the standpoint that there are different setback and parking requirements that do not normally exist in a residential zone. Councilman Schneider felt that if this variance was approved, it may set a precedent, and other churches that are located in a residential zone may request signs. Mayor Nee stated that if the sign were devoted to the fund raising program, he felt it should be located next to the church. He did not see the need for highway exposure. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 4 1993 PAGE 4 Ms. Jennifer Prasek, representing St. Philip's Church, stated that the primary purpose of the sign is not to raise funds, but to serve as a reminder to the congregation that the church is in this fund- raising campaign. She stated that the sign would also serve as a welcome to persons in the community and as an invitation to participate in their services. Mayor Nee stated that perhaps the existing sign could be replaced with �his temporary sign. Ms.�Prasek stated.-that.the permanent sign.is very ineffective and .... difficul.t. to..read. She .stated :that..the p7antings.. surroutading the sign actually hide it from some directions, and it is more an identification sign as opposed to a sign of letting people know the times of worship. Councilwoman Jorgenson asked when the temporary sign was installed, and if the church had previously requested a variance for the sign. Ms. Prasek stated that she believed the sign was installed around June, and approval was received to install the sign.; however, their manager was not aware of the time period for the sign.. She stated that she was surprised. that the temporary sign. was only . for two weeks . � . Councilwoman Jorgenson stated that when the temporary sign was approved, the Council requested that a Ietter be sent to the church stating it was for a two-week period. She stated that she did not know who received the letter. Ms. Prasek stated that she did not see such a letter, but this could have been why it was interpreted that they needed to come back to Council for an extension. Ms. Dacy stated she understands that the sign was allowed for a four-week period, and the chureh was�notified that if the sign was to remain beyond this time period they needed to apply for a variance. She stated that the church has been allowed more time than what is typically provided in the ordinance. � Mr. Herrick, City Attorney, stated that he felt it would be better for the church to apply for a variance to increase the square footage for a siqn rather than a variance for a three-year temporary sign. Councilman Billings stated that the Appeals Commission was concerned that a precedent might be set, but there may be no other situations where there is a church located in an R-3 zone that is surrounded by commercial development. He stated that this piece of property is unique from almost any other church site in the City. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 4 1993 PAGE 5 Ms. Prasek stated that if it makes more sense to request a variance for the amount of square footage of their signs, the church would be willing to apply for the variance. Mr. Burns, City Manager, asked if the variance would be for the size of the sign or for a second, detached sign. Ms. Dacy stated that there are two options. She stated that there could be a variance request for the amount of square footage for both signs, which �is not to exceed 80 square feet. The other option is a�_.waTl�sign variance. Ms. Prasek s�tated .tfiat �if the Council would agree to a shorter time period for the temporary sign, such as one year, this would be acceptable to the church. . Councilwoman Jorgenson stated that� she has a difficult time determinirig how this variance could be granted without setting a precedent. She�stated that it appears the Council has to look at how square footage fo� signs is allotted for churches and non- profit organizations. . �- �Councilman Billings stated that he views.this as a non-traditional:. ,�� residential use in a residerit.ial zoning district, �nd Yie €el� there .� are time�s wheri exceptions, need to be �made to the sign code. � He pointed out that the variance�which was approved for a sign for�a � home day care on East River Road was in�a residential zoning � district. He stated that perhaps there should be a variance to the square footage. Councilman Schneider stated that he would be more comfortable with a variance on the square footage than with an extension of the temporary sign. MOTION by Councilman Billings to table this item to the October 18, .� 1993 Council �meeting�' at �w�hich •time staff sho��ld.� su�bmit �a rev�ised� �� proposal arid, further, to extend the time of the temporary sign to allow it to remain until this issue is resolved. Se�onded by Councilman Schneider. Upon a voice vote, a11 voting aye, Mayor Nee declared the motion carried unanimously. B. VARIANCE REQUEST, VAR #93-24, BY CECELIA ROSENBERG, TO REDUCE THE FRONT YARD SETBACK FROM 35 FEET TO 22 FEET TO CORRECT AN EXISTING ENCROACHMENT AND TO ALLOW THE CONSTRUCTION OF A SINGLE CAR GARAGE WHEN A TWO CAR GARAGE IS REQUIRED, GENERALLY LOCATED AT 71 63-1/2 WAY N.E. (TABLED SEPTEMBER 27, 1993): MOTION by Councilwoman Jorgenson to remove this item from the table. Seconded by Councilman Schneider. Upon a voice vote, all voted aye, and Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 4 1993 PAGE 6 Ms. Dacy stated that this variance consists of two parts: to reduce the front yard setback and to construct a single car garage when a two car garage is required. She stated that there is a single family home on the property, and the petitioner wants to construct a one car garage. Ms. Dacy stated that the Appeals Commission unanimously recommended approval of the encroachment portion of the variance but denied the variance for a one car garage. Ms. Rosenberg, the petitioner, stated that the home is very narrow, and constructing a two car garage would make it seem out of proportion. She stated that about 20 percen� of the homes in the area do not have a garage; 25 percent have a one car garage; and 55 percent have a two car garage. She stated that if a two car garage was constructed, it would be located very close to the home and block out the daylight._ She stated that if a two car garage was constructed to the rear of�the property, it would �mean a 100 foot driveway,. and this expense would not be� economicaTly feasible. Councilwoman Jorgenson asked Ms. Rosenberg if she intended this home to � be . her res idence : � . � . � � � _ � Ms. Rosenberg stated that one of �her � children may� live there or else she would sell or rent it. � Councilwoman Jorgenson stated that the problem is that persons often have more than one vehicle per household and may need the additional space for another vehicle or for storage. Councilwoman Jorgenson asked Ms. Rosenberg if she anticipated that there may be an addition to the home in the future. Ms. Rosenberg stated that she doubted there would be an addition, as there have be.en several �dditions . si.nc� . it. was original�.y constructed. Councilman Schneider asked Ms. Rosenberg if she was aware that a double car garage was required when she purchased this home. Ms. Rosenberg stated that she was not aware that a double car garage would be required. Councilman Billings stated that the goals and objectives of the City is to provide two car garages, and it is probably in the best interests of the City that the variance for the one car garage be denied. Councilwoman Jorgenson suggested that perhaps a longer period of time could be given for the owner to provide a hard surface driveway to ease the financial burden. She asked if the City could � FRIDLEY CITY COUNCIL MEETING OF OCTOBER 4 1993 PAGE 7 require the property owner to construct a garage if there was not one on the property when she purchased it. Mr. Herrick stated that the City can require a double car garage, but if the variance request for a single car garage is denied and the property owner chooses not to build any garage, he would have to check further to determine if the City can require that a garage be constructed. MOTION by Councilman Schneider to concur with the recommendation of the Appeals Commission and grant that portion of Variance Request, VAR #93-24, to reduce the front yard setback from 35 feet to 22 feet and deny that portion of the variance to allow construction of a single car garage when a two car garage is required. Seconded by Councilman Billings. Upon a voice vote, Councilman Schneider, Councilman Billings, and Mayor Nee voted in favor of the motion. Councilwoman Jorgenson voted against the motion. Mayor Nee declared the motion carried. � 5. RESOLUTION NO. 77-1993 REVOKING MUNICIPAL STATE AID STREETS 1TABLED SEPTEMBER 27 1993)• . � MOTION b�.Councilman Schn�ider to remove this item from the table.� Seconded by Councilman Billings. Upon a voice. vote,. all voting aye, Mayor Nee.declared the motion carried.unaniinously. � Mr. Flora, Public Works Director, stated that the City is attempting to maximize the Municipal State Aid (MSA) mileage authorization for the City in order to obtain maximum funds and establish the ability to complete the MSA system. He stated that the streets proposed to be deleted as Municipal State Aid Streets are portions of Arthur Street, Ironton Street, Ashton Avenue, and 61st Avenue. Mr. Flora stated that Arthur Street cannot be extended to Rice Creek Road due to development that has occurred. He stated that the Council has taken the position that Ironton Stree� w�.11 not � be improve�d or expanded and the A�hton Avenue/Ironton Street loop should be removed from the MSA system. He stated that the portion of 61st Avenue between Main Street and East River Road that is unbuildable is being removed. MOTION by Councilman Schneider to adopt Resolution No. 77-1993. Seconded by Councilwoman Jorgenson. Councilman Billings asked if the City must reimburse the state if streets are removed from the MSA system and the City has used these funds for the streets. Mr. Flora stated that the City may have to return some funds relating to Ashton Avenue. He stated that this would be a negotiable item with the state based on the amount of funds expended and the amount of time that has elapsed since these funds were received. He stated that the amount the City may have to I — FRIDLEY CITY COUNCIL MEETING OF OCTOBER 4, 1993 PAGE 8 refund to the state would be based on the cost of the street and when it was constructed. Mayor Nee stated that if this were the case, it would come out of the MSA funds. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Ken Sahnow, 196 Ely Street, asked what happens whe� a street is designated as a�tate Aid street and then this designation is removed. Mr. Flora stated that the street becomes a City street and is still maintained by the City regardless if it is or is not designated as an MSA street. 6. RESOLUTION NO: 78-1993 ESTABLISHING �MUNICIPAL STATE� AID ' STREETS (TABLED SEPTEMBER 27,� 1993): . � . � MOTION by Councilman Schneider to remove this item from the table. .Secpnded by.Councilwoman�Jorgenso�. Upon a.voice vote, all voting_ �� aye,.Mayor Nee.dec�ared.the mot'ion carr:ied una�imously, : � ' Mr. Flora, Public .Works Director, stated� �that the . c�e��ignation of Municipal State Aid streets involved are� Squire Drive,.Came'lot Lane, Stinson Boulevard, 79th Way, Riverview Terrace, and Kimball Street. He stated that with the TCAAP system, Squire Drive and Camelot Lane will.be reconstructed to MSA standards. He stated that Stinson Boulevard is proposed to be upgraded between 73rd Avenue and Osborne Road. He stated that the City has informally requested the Minnesota Department of Transportation to designate 79th Way, Riverview Terrace, and Kimball Street as an MSA route to support the Great River Road system and to provide for a coliector•street in,thi� area.. � � � MOTION by Councilm�n Schneider to adopt Resolution No. 78-1993. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7. RESOLUTION NO. 79-1993 IN SUPPORT OF FUNDING FOR CAPITAL PROJECTS OF HUMAN SERVICES ORGANIZATIONS (TABLED SEPTEMBER 27 1993 : MOTION by Councilman Billings to remove this item from the table. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Billings to adopt Resolution No. 79-1993. Seconded by Councilman Schneider. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 4 1993 PAGE 9 Mr. Burns, City Manager, stated that this resolution supports funding for capital projects of non-profit organizations. He stated it is recognized that these organizations contribute to resolving health and human service problems in the City. He stated that in order to assist these organizations, it is recommended that some funding for capital projects be set aside to create or improve facilities that house human service programs. Mr. Burns stated that this resolution designates $10,000 from the 1993 General Fund for the construction of a new 24-hour emergency shelter by Alexandra House, and the Council would establish a$25,000 budget line item for human services capital projects in 1994. He stated that the resolution also establishes a process •for reviewing applications and selecting projects for funding. Councilman Schneider stated that this resolution was drafted by Councilman Billings and City staff to provide a process to deal with the requests for funding from human service organizations in a fair manner. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 8. RESOLUTION.NO. 80-1993 PROVIDING FOR SEWER RATE INCR ASES: Mr. Pribyl, Finance Director, sta.ted that this reso�lution wouTd allow for an increase in the sewer rates. He stated that the City has experienced a dramatic increase in the actual sewage disposal costs. He stated that since 1987, there has been a 128 percent increase from the Metropolitan Waste Control Commission (MWCC) and a 28 percent increase from the City. He stated that the proposed rate of $1.67 is composed of an MWCC portion of $1.32 and a City portion of 35 cents. Mr. Pribyl stated that it is recommended that the billing process be changed.based on volume and the winter caater consumption. He stated that the rate would be.�1.67 per 1,U00 gallons, and 16,500 is the point at which there would be an increase for residential use. He stated that the average user would see a slight decrease in the rates. He stated that these rates place Fridley in the middle compared to rates charged by surrounding cities. Councilman Schneider asked what accounted for the rapid increase by the Metropolitan Waste Control Commission. Mr. Pribyl stated that there was a change in the meter, as the MWCC felt there were some incorrect readings. He stated that the City has seen an abnormal increase over the last two years associated with the new meter installation. Mr. Flora, Public Works Director, stated that there has been a substantial flow increase, and the recent rainfall events have not FRIDLEY CITY COUNCIL MEETING OF OCTOBER 4, 1993 PAGE 10 correlated with this increase. He stated that the City has some sump pump dumping which may add water to the system. Councilman 5chneider asked how residents should drain sump pumps. Mr. Flora stated that the ideal situation would be to drain them into the back yard so the water can go into the ground. MOTION by Councilman Schneider to adopt Resolution No. 80-1993. Seconded by Councilwoman Jorgenson. Upon a vo'ice vote, all voting aye, Mayor Nee declared the motion carried u�animously. 9. RESOLUTION NO. 81-1993 APPROVING�PLAT, P.S. #92-07, DOWDS ADDITION (BY GLACIER PARK COMPANY TO REPLAT PROPERTY GENERALLY LOCATED AT THE 4000 BLOCK OF EAST RIVER ROAD N.E.): Ms. Dacy, Community Development Director, stated that this parcel is part of the auto recovery facility ad�acent to East River Road. She stated that �he petitioner, Mr. Dowds, who owns the au�to recovery facility�was leasing this small portion of property known as�Glacier Park. She stated that in 1992, Glacier_Park Company auctioned. all their property, and.Mr. Dowds acquired. thi.s parcel through th:e auction�.: She stated that the parcel�had a.metes and. bounds description�, .however, � it was never. officia�l:ly recogriized by the County.in terms:of a subdivision. � Ms. Dacy stated that at the December 14, 1992 Council meeting, there was concern that the lot area was just short of the minimum lot area requirements. She stated that Mr. Dowds has now obtained the additional property from the railroad to meet the lot area requirements. She stated that this resolution authorizes the plat of this property and the Mayor and City Manager to sign the plat so it can be recorded at the County. She stated that this plat is subject to two stipulations. Attached is Exhibit A to the resolution,,which outlines payment of the park dedication fee and � �� formal request to Anoka County i�f anotl�e� entrance to .the parce3: from East River Road is required. Mr. Dowds, the petitioner, stated that the ten acres to the south is financed by the bank. If he attaches this parcel, he has to have an environmental study. He stated that until he resolves the environmental issue with Burlington Northern, he does not want this to occur so that he does not lose his financing. MOTION by Councilman Schneider to adopt Resolution No. 81-1993, with the two stipulations attached as Exhibit A and which read as follows: (1) the petitioner shall pay a park dedication fee of $.023 per square foot, or $1,445.58 at the issuance of a building permit; and (2) a formal request shall be made to Anoka County if another entrance to the parcel from East River Road is required. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 4 1993 PAGE 11 ZQ. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF SEPTEMBER 22, 1993: A. SPECIAL USE PERMIT RE UEST, SP #93-15, BY MARVIN AND KAREN JUST, TO ALLOW THE CONSTRUCTION OF A THREE SEASON PORCH ADDITION IN THE CRP-2 �FLOOD FRINGE) DISTRICT, GENERALLY LOCATED AT 661 CHERYL STREET N.E.: MOTION by Councilman Schneider to receive the letter from Marvin and Karen Just withdrawing this request for a Special Use Permit. Seconded by Councilman Billings. Upon a voice vote, a11 voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to remove this item from the agenda with no action required since the petitioners, Marvin and Karen Just, requested withdrawal of this Special Use Permit, SP #93-15. Seconded�by Counci],woman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. , The Council received the minutes of the PZanning Commission Meeting of September 22, 1993. 11. RECEIVE AN IT�EM FROM THE' APPEALS� COMMISSION MEETING OF� SEPTEMBER 28, 1993: � . A. VARIANCE REQUEST; VAR #93-26, BY LINDSTROM MET�RIC, I.NC., TO REDUCE THE REAR YARD SETBACK FROM 25 FEET TO i5 FEET, TO ALLOW AN OUTSIDE LOADING DOCK IN THE FRONT YARD, IN ORDER TO ALLOW THE CONSTRUCTION OF A BUILDING EXPANSION, GENERALLY LOCATED AT 8101 ASHTON AVENUE N.E.: Ms. Dacy, Community Development Director, stated that this is a request for two variances: one is to reduce the rear yard setback from 25 feet to 15 feet; and the other is to allow an outside loading dock in the front yard.in conjunction with expansion of a building at 810.1.Ashton..Avenue. She stated th�at ttiere�are.two buildings existing on this property, Lindstrom .Metric and Ace Dental, which is owned by Lindstrom Metric. She stated that Lindstrom Metric proposes to expand their warehouse by 10,000 square feet. Ms. Dacy stated that the Appeals Commission unanimously recommended approval of these two variances. She stated that the Commission noted that the location of the loading dock would permit more area for trucks to load and unload. Ms. Dacy stated that a number of persons in the neighborhood attended the Appeals Commission meeting. Questions were raised on the lot coverage and whether or not Ashton Avenue was designed to handle this amount of traffic. Ms. Dacy stated that in answer to these questions, the lot coverage amounts to 34.3 percent of the lot. Ashton Avenue is an MSA street constructed to a nine ton FRIDLEY CITY COUNCIL MEETING OF OCTOBER 4, 1993 PAGE 12 design and can handle the truck traffic it receives. She stated that another question raised was in regard to the original zoning on this property. The property has been zoned M-1, light industrial, since 1958. Mr. Ken Sahnow, 196 Ely Street, stated that he lives directly across the street from this property. He stated that the concern from the neighborhood is the expansion of the business which will add more traffic. He stated that another concern is that the addition of another loading dock, even though it is set back further from the street, will make four loading docks for this business. He stated that there is a loading dock on the leased building, two other loading docks, and this new one would make four for Lindstrom Metric. Mr. Sahnow stated the concern is that the truck �raffic is going through residential areas to get to this business. He stated that there are three school bus stops along Ashton Avenue where the truck traffic goes through. He state.d that there are no stop signs to slow the trucks down, and Ruth Circle Park is also in the area. Mr. Sahnow stated that it would be nice if the trucks could get into the area some,other way.: �: He..suggested bringing traffic across .. the.railroad tracks from the eas�. He�stated that he did not�know the cost involved or. if; it is feasible� to .do tliat.� He feit that the expansion and the additional loading docks�would affect� the neighborhood. Mayor Nee stated that the question of a new crossing over the railroad tracks is controlled by the State Public Service Commission, and they really oppose any new crossings. Mr. Sahnow asked if there is a way to minimize the number of loading docks and possibly close one when the new one is constructed. Ma.yor Nee stated that the number of�loading docks is probably the least item that would affect the traffic. Mr. Virgil Lindstrom, the petitioner, stated that he is proposing expansion of the facility to add a packaging area and quality control lab. He stated that at the present time, there are two loading docks and twd overhead doors. One of the loading docks will be moved. He stated that there is an overhead door on the leased building where you can drive into the building from Ely Street and an overhead door on their building. He stated that there was a loading dock added at the leased space, and it is the one they are using at the present time. He stated that this loading dock is not wide enough or long enouqh, and it is difficult for the trucks to back in and out. Mr. Lindstrom stated it is proposed that the existing loading dock at their building will be closed, and a loadinq dock will be added to the north end of the building. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 4 1993 PAGE 13 Mr. Lindstrom stated that he could not say the expansion would not add additional traffic. He stated that he can understand the residents' concern; however, six years ago this building was an eyesore for the neighborhood. He stated that if they moved the expansion closer to the road, a variance would not be necessary. Mr. Dan Super, 200 Liberty Street, questioned the location of the parking lot and asked if trucks would no longer be lined up on Ashton Avenue. Mr. Lindstrom stated that he could not say�if the trucks would be on Ashton Avenue, but this expansion would help the situation. Mr. Super felt that an alternative crossing to get the trucks in and out of that area without going through the residential area should be considered. Mayor Nee stated that if the road to the east across the railroad tracks is opened to Ashton Avenue, there may be more truck traffic. Mr. Super stated that there are a lot of commercial vehicles in the . area,.and the chiZdren cateh the scl�ool bus.at 79th W�y and Ashtoi� Avenue. Traffic h�s definitely increased. �� . �. Mr. Flora, �Public. Works �Director, stated that the �only .way to � obtain support from the railroad for a crossing is to construct a� bridge. Councilwoman Jorgenson asked if an additional right-of-way would' be needed if a bridge was constructed. Mr. Flora stated that there is not sufficient right-of-way on 81st Avenue west at Hickory Street for a full width street. Mr. Herrick, City Attorney, stated that in the past, the City.got nowhere in trying to obtain crossings. He felt that it would �be even harder now to try to obtain a crossing, and it would be questionable if it would be worth the effort. Mr. Super asked if the City could monitor the traffic on Ashton Avenue as to commercial traffic in the area. MOTION by Councilman Schneider to concur with the unanimous recommendation of the Appeals Commission and grant Variance Request, VAR #93-26, to reduce the rear yard setback from 25 feet to 15 feet and to allow an outside loading dock in the front yard. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to request staff to monitor traffic on Ashton Avenue. Seconded by Councilwoman Jorgenson. Upon a FRIDLEY CITY COUNCIL MEETING OF OCTOBER 4 1993 PAGE 14 voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Billings to request staff to explore the State of Minnesota's current policy regarding grade crossings, not only for this location, but other locations discussed in the past such as 73rd Avenue and 61st Avenue, to determine if there are any changes in their policy. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12. REQUEST TO AUTHORIZE RELOCATION PAYMENTS FOR RESIDENTS OF 6070 AND 6074 CENTRAL AVENUE N.E.: MOTION by Councilman Schneider to concur with staff's recommendation and authorize the City Manager to approve relocation payments to Gary Lenart and Peter Berger in a total amount not to exceed $11,000. Seconded by Councilwoman Jorgenson. Councilman Billings asked when the funds would be expended. Ms. Dacy, Community Development Director, stated that the funds would be expended when the residents incur the debt. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voting aye, Mayor Nee declared the motion carried unanimously. 13. RECEIVE AND REJECT BIDS FOR SIDEWALK SNOWPLOW LEASE/PURCHASE: MOTION by Councilwoman Jorgenson to receive the following bids for the sidewalk snowplow lease/purchase: Bidder RMS Aspen Division 5633 W. Hwy. 13 Savage, MN 55378 MacQueen Equip. 595 Aldine St. St. Paul, MN 55104 Basic Bid $47,087.00 $60,951.00 Trade-In $ 5,000 $11,000 Net Cost $42,087.00 $52,984.82 Trans Iowa Equip. P.O. Box 210 Clear Lake, IA 5Q428 $55,997.00 $ 500 $55,497.00 Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Flora, Public Works Director, stated that bids were received for the sidewalk snowplow lease/purchase agreement. He stated that two companies bid the lease/purchase agreement, and the third FRIDLEY CITY COUNCIL MEETING OF OCTOBER 4 1993 PAGE 15 company bid an outright purchase only. He stated that of the two lease/purchase bids, the machines were not comparable in size. It is recommended that the bids be rejected and authorize that the two bidders be notified to submit bids for both size machines for the sidewalk snowplow lease/purchase agreement. MOTION by Councilman Schneider to reject all the bids and authorize a notice to the two bidders to submit bids for both size machines for the sidewalk snowplow lease/purchase agreement. Seconded by Councilwoman Jorgenson. Mr. Tim Fischer, representing RMS Aspen Division,.st�ated that they were the low bidder on the equipment. He stated that�he does not have a real problem with rejecting the bids although their competitor will be privy to their bid. Mr. Flora advised Mr. Fischer that his company's bid did not meet the specifications regarding the horsepower. Mr. Fischer stated that the.difference of $10,000 between the two bids would not make a difference, as there is not. an engine that .-wbuld cost.that much: . . UPON A VOICE VOTE TAKEN ON THE.ABOVE MOTION, aTl voting aye, Mayo� Nee declared the motion carried unanimously. 14. RESOLUTION NO 82-1993 ORDERING PRELIMINARY PLANS SPECIFICATIONS AND ESTIMATES OF THE COSTS THEREOF: 64TH AVENUE STORM WATER IMPROVEMENT PROJECT NO. 260: Mr. Flora, Public Works Director, stated that Council held a public hearing on September 27, 1993 regarding this storm water improvement on 64th Avenue from Mississippi Street to the Central Avenue culvert at the Harris Pond ditch and the construction of a detention pond. He stated that this resolution orders preliminary plans, specifications and estimates of the costs: The next item on the agenda, Item 15, is a resolution ordering the improvement, final plans and specifications, and ordering advertisement for bids. Councilman Schneider asked the impact of the detention pond on the forestation. . Mr. Flora stated that the detention pond would be located on land the City owns on Rice Creek Road. He stated that it is proposed to widen and utilize this area as a detention pond for water backing up from Harris Pond, 64th Avenue, and Mississippi Street. He s.tated that there are some large Willow trees in the area, and in order to obtain the storage capacity, it would be necessary to remove some of the trees. He stated that regardless of where the detention pond was located on this property, some trees would be affected. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 4, 1993 PAGE 16 Councilman Schneider felt that when the plans are drawn, they should be reviewed to minimize the removal of the trees. Councilman Schneider stated that another issue� raised was that Chapter 430 of the Minnesota Statutes, limits the size of pipe for which residents can be assessed. Mr. Flora stated that statute applies only to first class cities. Mr. Herrick, City Attorney, stated that the City's assessment procedures are covered under Chapter 429 of the State statute, rather than Chapter 430, and there is no such limitation under Chapter 429. Councilman Schneider stated that all storm water projects are very difficult, and the residents deserve a lot of credit for supporting this improvement. He stated that the petition was very tight, and he is assuming that the improvement can be done as estimated. He stated it is hoped that this project would eliminate some.of the very significant problems in the area. . � .MOTION , by. Councilman ..SChneider . to adopt Reso.lution: No. 82-1993 ... � Seconded..by Councilwoman Jorgerisor�.�. �Upon a voice vote; � all voting,� aye,� Mayo� .Nee declared :tMe motion carried una�iimously. �. �� 15. RESOLUTION NO. 83-1993 ORDERING IMPRQVEMENT AND FINAL 'PLANS � AND SPECIFIGATIONS AND OI2DERING ADVERTISEMENT FOR BIDS: 64TH AVENUE STORM WATER IMPROVEMENT PROJECT NO. 260: Mr. Flora, Public Works Director, stated that this evening Council has received a revised resolution pertaining to the 64th Avenue Storm Water Improvement Project No. 260. He stated that the original resolution was to add this project to the TCAAP project, Improvement Project No. 248; however, this resolution authorize :bids for this project separately. MOTION by Councilman Schneider to adopt Resolution No. 83-1993, as submitted this evening. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 16. APPR�VE CHANGE ORDER NO. 1 TO TCAAP INTERCONNECT PIPELINE PROJECT NO. 248' This item was deleted from the agenda by the Council. 17. APPOINTMENT TO THE CABLE TELEVISION ADVISORY COMMISSION: MOTION by Councilwoman Jorgenson to table this item. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 4, 1993 PAGE 17 18. INFORMAL STATUS REPORTS: Mr. Burns, City Manager, stated that there were no informal status reports. 19. CLAIMS• MOTION by Councilwoman JorgenSOn to authorize payment of Claim Nos. 51878 through 51982. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � 20. LICENSES• MOTION by Councilman Schneider to approve the license as submitted and as on file in the License Clerk's Office. Seconded by Counc.ilwoman Jorgenson. Upon a voice vote; all voting aye, Mayor Nee declared the motion carried unanimously. 21. ESTIMATES• � , MQTION �by Caunc�.lman . Schri�ider . �to � submitted: � �� :. � .. . , . �Newquist & Eks.tzum, Chartered .301 Fridley Plaza�Office Buildirig 6401 University Avenue N.E. Fridley, MN 55432 appxo.ve the� est�i�na�-es as� Statement for Services Rendered for . City Prosecuting Attorney for the Month of August, 1993. . . . . . . . . . . . $13,121.25 Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting �.. . aye,.Mayor �tee declared the motion carried unariimously: , ADJOURNMENT• � MOTION by Councilwoman Jorgenson to adjourn the meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of October 4, 1993 adjourned at 10:30 p,m. Respectfully submitted, Carole Haddad Secretary to the City Council Approved: William J. Nee Mayor � r � � I Community Development Department PLANNING DIVISION City of Fridley DATE: October 14, 1993 � TO: William Burns, City Manager � �� . FROM: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant � Su&7ECT: . . Public Hearing .on .Rezoning Request, Z0�1. #93- •.: _ .� �_ �. � 0�,; by Oliver� Tam; 11¢0.� F.iresid� Drive.�N.E: �.:. TYie City Council tabled�the public�.�hearing�regarding the rezoning� � request until�October`18,�1993._ Staff.recomme�ds that the.City .�Council. conduct the.. public �hearing,� ��'irst reading of the� ordinance .�. would be scheduled�iri c�njun�ticrn with the approval of�the plat: MM/dn M-93-609 � � 1 � . .. 1 :_�� STAFF REPORT � Community Development Department Appeals Commission Date Planning Commission Date August 11, 1993 City Council Date= September 13, 1993 - Se,ptember 27, 1993 t REQUEST Permit Number Appiicant � � Proposed . Request Location � � � SITE �DAT� : � . .. � .Size . Density � . Present Zoning :. � � Present Land Use(s) :. Adjacent � Zoning � Adjacent Land Use(s) Utilities Park Dedication Watershed District ANALYSIS Financial Implications Conformance to the Comprehensive Plan Compatibility with Adjacent Zoning and Uses Environmental Considerations RECOMMENDATION 'I Staff Appeals Commission Planning Commission Author MM:7s c o er , . ZOA #93-01 Oliver Tam To rezone a portion of a paroel froan C-3, General Shopping Qenter District, to 1�-3, General Multiple Dw�elling � 1160 Fires�de Drive .. . , . � � 114,048.sq.�-ft:.;.2,61 acres�� .� . .. . . � .C-3,. General �happing Ceriter Aist�ict � . � �. � Retaii%Residential� . ' � . 1�4, Mabile Horre Park, to E& W; C-3, General Shopping Center District, to S& N; Nf-1, Lic�t Industrial, to the S Residential to the E& W; Uacant to the S; R�tail to the N Ri oe Creek Approval with stipulations Approval with stipulations lA ZOA #93-01 Oliver Tam N' //2 SEC. /2, T. 3t7, R. 2� n :,� I � > , �� ,,, ;� <; :, :; � , ,. 'si .o6a�'. c �,o. � /a1 � s�m . �,a .�.. - � I �' � C/TY OF FR/OLEY 2 �2 �1 �� : 9; c� �� 24 ; 3 13 ___ � : L OCATION MA� �. � zoA #93-01 Oliver Tam i ,f sT-1� f-1-' 1c ZONING MAP Staff Report ZOA #93-01, 1160 Page 2 Request Fireside Drive N.E., by Oliver Tam The petitioner requests that a rezoning be approved to rezone Lots 2 and 3, Tam Addition, from C-3, General Shopping Center District, to R-3, General Multiple Dwelling. The request is for 1160 Fireside Drive. The rezoning request is for parcels which•do not currently exist. The petitioner is processing a plat request to subdivide the subject parcel into three parcels. The petitioner is also processing a variance request to correct existing encroachments for the restaurant located on one of the subj.ect parcels. ;Site � .. � � : .�. � : �. � _ _ �. .. • " . Located: . orr �: the • subject.� parcel � is � Tam's� E'ireside .`Rice Bowl. � ��Restaurant_:and twv�dwell�ing units.. The_ proper�y�is zoned C-3, General Shopping �Center Di�strict, as are�: the properties ::to. the � rio�t�h ar�d .south: The propertie5 �t�o the ea$t a�nd��west are�.:zoned R= 4 ,. Mobile Home . Park. � � � . � . . � � Analysis Three criteria need to be evaluated in analyzing any rezoning request: 1. 2. District compatibility with adjacent uses and zoning. District intent. 3. Whether or not the parcel meets the district requirements. The petitioner has indicated that the two subject parcels, Lots 2 and 3 of the proposed Tam's Addition, will be used for two new 4- unit buildings. Currently located on the property are two dwelling units which are nonconforming in the C-3, General Shopping Center District. Because R-4 zoning and uses exist on both sides of the parcel, rezoning the parcels to R-3, General Multiple Dwelling, shou�d not cause any adverse impact. The intent of the R-3, General Multiple Dwelling District is to provide zoning for multiple family, two-family, and single family dwellings. The existing and proposed uses of the'subject parcel are consistent with the intent of the R-3, General Multiple Dwelling district, and would eliminate an existing nonconformity. m ( Staff Report ZOA #93-01, 1160 Fireside Drive N.E., by Oliver Tam Page 3 The proposed subject parcels meet the minimum requirements of the R-3, General Multiple Dwelling District, regulations. The minimum lot area, lot width, and access r.equirements are met by the subject parcels as they are proposed tv be subdivided. The proposed location of the new dwelling units conform to the setback requirements, and the existing dwelling units would also comply wit.h the setback requirements in their.pr�sent locations. . Recommendation As the proposed rezoning request meets the criteria used to evaluate rezoning requests, staff recommends that the Planning .�om�nission r�eommend-��approval of the recc�uuest to the..Git�r Couneil•��. � � � � � with_ or�e �stipulation: : . � � • � : • . • - " : . � . �1. .. P:S: #9.3-03 �ha11� be approved. . ` .. .-. . • � . Pl�anning Commission �Action � � �� . � �� The Planning Commission vcsted .unanimously to recoinmend approval of the rezoning request to the C�ity Council: - City Council Recommendation Staff recommends that the City Council concur with the Planning Commission action. 1E _ _. CITY OF FRIDLEY 6431 UNIVERSITY AVENUE N.E. - FRIDLEY, MN 55432 (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT REZONIlVG APPLICATION FORM PROPERTY INFORMATION - site plan required for submittal; see attached Address: % � 1 � 6 � ��-7' (I ��' � ��-' _1�y2� v c'-� . N - �-. f�Z � � � ��_ Property Identification Number (PIN) �� 2,� O a 4- a�{-- � o O� Legal description: �,4�� e'� �� f� /'�,i,�% i� Lot Block � Tracd.Addition � Cur�ent.zoning:. ' � �. � � . . . �.Sq�tare�fao�gdacreage _r/�0�� :v 2 � : �.r�� Requesting zc�niFi�: � � � . :.� � � � �. . � . ' .. , � . . � �. .�. � . : . =. .�ason for rezc�ning: . :�o . �u,�;� � �� i�t,� � � 4 i l:�ix � �c%a�ri �tiie� � ��. I.T_ � : . Have: Xou operated' a business -in a city which required a business license?. � .. . 'S�es _� Na � � � T� yes, w.�iich city? T l� l�,fj (� y , . � : ' � � . � . If yes, what type of business? �1 '�i.,s��Q.l !1,l1�-4� Was that license ever denied or revoked? Yes No � FEE OWNER INFORMATION (as it appears on the property title) (Cantract Purchasers: Fee Owners must sign this form prior to processing) NAME ADDRESS SIGNATURE PETITION NAME � ADDRESS � SIGNATURE _ .__._------ �t' �,� �.� y , � � ��` �.'i �' C i C� E , , = _•��.._— , � ; r� �- , -� _ 1- DAYTIMEPHONE DATE � 7 �� .t DAYTIMEPHONE �%i�� -�� Z DATE �f'��T� �_� Fee: $300.00 . -- - - Permit ZOA # �%j�p � Receipt # � � �' � Application received by: Scheduled Planning Commission date: 1 � �� Scheduled City Council date: 1F 0 pLANNING COMMISSION MEETING AUGOST 11 1993 PAGE 8 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWASAN DECLARED TAE MOTION CARRIED UNANIMOUSLY. ✓� PUBLIC HEARING CONSIDERATION OF A REZONING ZOA #93-01, BY OLIVER TAM: To rezone property from C-3, General 5hopping Center to R-3, General Multiple Dwelling on property described as that part of the Southeast Quarter of the Northwest Quarter of Section 12, Township 30, Range 24, Anoka County, Minnesota, described as follows: Commencing at a point on the east line of the Northwest Quarter of said Section.l2 distant 726 feet southerly of the northeast corner of the Southeast Quarter of the Northwest Quarter of said Section 12; thence westerly along a line which, if extended, would intersect the west line of the Southeast Quarter of the Northwest Quarter of said Section 12 at a point distant 726 feet southerly of the northwest corner of �the..Southeast Quarter of the Northw�st�Quarter:of.said SeC�ion �12 ,�� :a. distaiice of� `661:::4`5�: teet; : to . the. �actua}. goi�nt of beginriing of'�the �Ian�d to.�be':descri.bed:, .th.er�ce: c�or�tinu•ing.': . wes�erly . a�ong said- last �described �1irie a dist�rice, of. 288 .:�� feet�; thence, northerly.a di�starice of �39.6� feet; �thence� easterly at�a r'ight angle a distance.of 28S�feet;�thence soutrierly at a..right .angle a distance �•of �3.96 `f�et to, tYie�• . point of beginning. Tfiis property is gerierally'located �t 1160 Fireside Drive N.E. • MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to waive the reading of the public hearing notice and vpen the public hearing. UPON A VOICE VOTED AND THEIPUBLIC�HE RINGEOPEN ATW8 15DP M�RED TIiE MOTION CARRI Ms. McPherson stated that currently, the two dwelling units are located on the same parcel as the restaurant. These dwelling units are currently nonconforming as residential uses are not permitted in the C-3, General Shopping Center District. In order to allow the petitioner to even upgrade the existing dwellings or construct new ones as he is proposing, the property needs to be rezoned from C-3, General Shopping Center District, to R-3, General Multiple Dwelling. Ms. McPherson stated the rezoning request only pertains to the proposed lots for the multiple family dwelling units. The remaining parcel will remain C-3, General Shopping Center District. Ms. McPherson stated three criteria need to be evaluated in analyzing any rezoning request: 1. 2. District compatibility with adjacent uses and zoning District intent 1G PLANNING COMMISSION MEETING AUGUST 11 1993 PAGE 9 3. Whether or not the parcel meets the district requirements Ms. McPherson stated that as discussed earlier during the plat request, the proposed lots under the subdivision ordinance meet the minimum requirements of the R-3, General-Multiple Dwelling District. Also, the proposed use of the two lots for multiple family dwelling units is al.so consistent with the purpose of the R-3, General Multiple Dwelling District, which is to provide zoning for multiple family, two family, and single family dwellings. . . � Ms. McPherson stated the adjacent properties are zoned R-4, Mobile Home Park, so rezoning the two properties to R-3 would not have an adverse impact on the R-4 residential zoning. •��Is .� McPherson $tated that as. the xequest : mests the cr.it�eria for.. _ �. � '� .e�t�luation. �'o:f�• a �ezoning� request F : Staff recommends �the; _Planni�r�g. � , . � � � � �° Ca�aissi:an recoini�end; approval o�� fihe` rezoni:ng ��'eqtiest: with.�ane: � : �:�. � � � . � � StipuTation: . . . � . . . . : . .. : 1. .. Preliminary. plat rec�uest, P.S. �#93-03, �shall be appro�ed . � . � - � ' . � . . MOTION by Mr. Kondrick, seconded by Mr: Saba, to close the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING CLOSED AT 8:20 P.M. MOTION by Mr. Kondrick, seconded by Ms. Modig, to recommend to City Council approvai of rezoning, ZOA #93-01, by Oliver Tam, to rezone property from C-3, General Shopping Center to R-3, General Multiple Dwelling on property described as that part of the Southeast Quarter of the Northwest Quarter of Section 12, Township 30, Range 24, Anoka County, Minnesota, described as follows: Commencing at a point on the east line of the Northwest Quarter of said Section 12 distant 726 feet southerly of the northeast corner of the Southeast Quarter of the Northwest Quarter of said Section 1�; thence westerly along a line which, if extended, would intersect the west line of the Southeast Quarter of the Northwest Quarter of said Section 12 at a point distant 726 feet southerly of the northwest corner of the Southeast Quarter of the Northwest Quarter of said Section 12, a distance of 661.45 feet to the actual point of beginning of the land to be described, thence continuing westerly along said last described line a distance of 288 feet; thence northerly a distance of 396 feet; thence easterly at a right angle a distance of 288 feet; thence southerly at a right angle a distance of 396 feet to the point of beginning. This property is generally located at 1160 Fireside Drive N.E., with the following stipulation: 1H 0 T 11 1• Preliminary plat request, P,S. #93-03, shall be approved. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRpERSON NEWMAN DECLARED THE MOTION CARR,IED IINANIMOIISLY. Ms. McPherson stated the City Council will conduct a public hearing for the preliminary plat and rezoning requests on September 27, 1993. 3• SAV_�93-03 BY THE CITY OF FRIDLEY: To vacate all easements as donated and dedicated to the publ�c for drainage and utility purposes and as shown on the�recorded plat of Shorewood Plaza, as corrected by 5urveyor's Certifica files as Document No. 176792. Al1 in Anoka County, Minnesota. . This propezty is �generally located _at. the inter ct�on �o�• �:. .Highway .65 arid . East � i�ioore I,ak� � Drive bet�,teen'-I�"ghway ..65 ' and � Central�Avenue. • � Th� subject�parcels�in�lude the East and W st Moore. Lake Shopping Centers, the Northwest Racquet� im.and�Health . Club, and Sears Outlet.' Ms. McPherson stated the Planning Commiss'on recently reviewed a plat request by the City of Fridley to r plat the Shorewood Plaza plat which was approved by the City in 987. New easements for utility, drainage, and bikeway/walkwa u dedicated on the new revised plat. n ordersto avoid�any confusion, staff is suggesting tha the existing easements which are not being utilized by the ut' ities or various bikeway/ walkways be vacated prior to re ording the plat with its associated easements. A numbe of utilities constructed within this development were not lo ated within the easements as they were dedicated. The City i ensuring that appropriate easements are being dedicated over ose utilities to provide proper access for the City. Ms. McPherson stated s�aff recommends that the Planning Commission recommen��approval of this vacation request, staff will ensure that tt�e vacation ordinance is recorded prior to the recording of the;.riew plat. MO- TI�N b � y Mr.�,Saba, seconded by Mr. Sielaff, to recommend to City Council apprP�ral of SAV #93-03, by the City of Fridley to vacate all easemer�-ts as donated and dedicated to the and utili p public for drainage �y pur oses and as shown on the recorded plat of Shorewood Plaza, as corrected by Surveyor's Certificate files as Documer�t No. 176792. Al1 in Anoka County, Minnesota. / ;'This property is generally located at the intersection of /� Highway 65 and East Moore Lake Drive between Highway 65 and Central Avenue. 11 FRIDLEY CITY COIINCIL MEETING OF SEPTEMBER 27 1993 PAGE 4 Mr. Herrick, City Attorney, stated that Council could proceed with this public hearing, but four affirmative votes are needed to approve the vacation. Ms. Dacy, Community Development Director, stated at this vacation affects the same properties involved in plat equest, P.S. #93-02, generally located between Highway 65 and d Central Avenue. She outlined the ald and new easements on e proposed plat. She also stated that additional ponds or drai ge easements were created as part of the original developme for the shopping center and Northwest Racquet and Swim Clu . . Ms. Dacy stated that the anning Commission recommended approval of this vacation. No other person poke regarding this proposed vacation request. � � -MQ.TIO�T�: ��:k�. - � .Counc�i,l.man ' � •BilTings �` �o � close � � , ..�Seeonde �- y _Councilwoiiian�.Jorgertson.� �Upqn �a . aye �� •Mayor Pro ��Tem �Schneider• � declared• rii:mously.; and�. the� public �h.ea�ing .clbsec3 � � . 3�.� � UBLIC .�.�th� �:pubtic�`:��3��eari�ng:� � � �. .yoi�e.e vote�;.'..all= vot�i:ng �. ' ." . .� � the • ��mot'i:ori � ' carried : � , � at :�:5.9 p.m.. � � . . . . #93-01, 'BY OLIVER TAM., � .' . . GENERAL MULTIPLE DWELLING ON PROPERTY GENERALL'Y' LOCATED AT 1160 FIRESIDE DRIVE N.E::� � . MoTION by Councilwoman Jorgenson to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously, and the public hearing opened at 7:59 p.m. Ms. Dacy, Community Development Director, stated that this rezoning involves property located on the south side of Fireside Drive and is the site of Tam's Restaurant. She stated that the properties to the north and south are zoned C-3. The properties to the east and west are zoned R-4, mobile home park. Ms. Dacy stated that this proposal is to rezone a portion of the property from C-3 to R-3. She stated that there are existing structures on the site, Tam's Restaurant, and two dwelling units which are non-conforming in the C-3 zone. She stated that because R-4 zoning exists on both sides of the parcel, rezoning the parcels to R-3 should not cause any adverse impact. She stated that the area now occupied by the twa dwelling units would be rezoned in order to create two sites for multiple family units, and the existing structures would be removed. Ms. Dacy stated that a four unit dwelling was proposed for each of the two lots; however, the owner has now indicated he may construct a duplex on the north lot. 1J FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 27 1993 PAGE 5 Ms. Dacy stated that the Planning Commission recommended approval of this rezoning request. Councilman Billings asked about parking requirements for the restaurant site which would remain commercial. Ms. Dacy stated that the parking requirement is one space for every 100 square feet of restaurant area. Councilman Billings stated that he counted 77 parking spaces. Of those, 35 are either on or need access. from the res'idential property, which means over 45 percent of the parking that is proposed for the restaurant will be on residential property. He stated that he cannot understand rezoning to residential when the parcei is being used for commercial purposes. � � � Ms . Dacy . stat�ed .,that �s2ie rey.iewed the �general zoning� pattern ��n the . � a�rea. �� Due -to • the h�gh densi�y ' zoning _ori � either � side of , the prope_rty., the :long-term app.roach was takeri that this pa�cel may,not . . rema�n. as commercial. A�.future redevelopment �could be for . - residentia� purposes. She�stated that due to the density of t�ie . proposed resideritia-1 uses,.it was felt it would not confiict with the commercial use. Councilman Billings stated that there is no guarantee that the commercial use would convert to residential use in the future. He stated that i� is entirely possible that the two residential sites and the existing restaurant could be sold to two different parties. He asked if the restaurant could remain in operation as a non- conforming use if the entire parcel was rezoned to residential. Ms. Dacy stated that the restaurant could remain as a non- conforming use. Councilwoman Jorgenson pointed out that if there were a fire or disaster, and fifty percent of the restaurant was damaged, it could not be rebuilt. Ms. Dacy stated that if Mr. Tam is considering construction of a duplex on a portion of the property, less square footage would be required, and a portion of the parking lot could become part of the existing commercial zoning. Mayor Pro Tem Schneider felt that the key issues are the parking required for the restaurant and if there is adequate space on the commercial property to accommodate the parking. Mr. Tam, the petitioner, stated that he wants to improve his existing dwelling, and the property has to be rezoned in order for him to make the improvements. He stated that he understands Councilman Billings' concern, but he does not envision selling the 1K - .. ■ FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 27, 1993 PAGE 6 property piece by piece. He stated that he would work with City staff to satisfy the Council's concerns. Councilman Billings stated that his concern is the rezoning of property to residential which will still be used for commercial use. He stated that it probably would make sense to determine the petitioner's plans and needs and if the plan could be modified. Mr. Burns, City Manager, asked if there would be sufficient parking if the 35 parking spaces were eliminated. Ms. Dacy stated that.if the.petitioner constructed,.a dupZex rather than a four unit building,�there would be sufficient parking. ' MOTION by Councilwoman Jorgenson to continue this public hearing to the October 4, 1993 Council meeting. Seconded by Councilman Billings.. Upon .a..voice vote, a�l votin.g aye, Mayor Pro Tem ":��Schneider. .dec.�ared�:�.the:� i�otion. ,carr3ed. un�nimousTy. �.� , , � 4�: PU'BLI�C �HEARING OI+I .P�2ELIM�IN73RY PLAT . RE4UE3T•; P. S�: #93�-03 , BY . . � _ ' ��-��.-..� �..�� .�.�� .�.��.�. ...w ...�-....��e.. �-.r..�.r��rre��f �r��TTTT�TTZI.Tl1/'�TTTf1 �� - AT. � 1160 FIR�SIDE DRIVE� N. E: : MOTION by Cduncilman Bil�lings to�waive the readin��f the public hearing notice �.and open �the : public� hearing. �� Sec.onded by Councilwoman Jorgenson. Upon a voice vote, all- voting aye, Mayor Pro Tem Schneider declared the motion carrie �unanimously and the public hearing opened at 8:22� p.m. Ms. Dacy, Community Development Directo , stated that the Planning Commission recommended approval of is plat by a 6 to 1 vote subject to seven stipulations. / Councilman Billings stated that�ince this plat involves the same parcel in rezoning request,' ZOA #93-01, which the Council previously discussed as Item on the agenda, it was felt that this public hearing should also e continued to the October 4 Council meeting. MOTION by Councilwomar� Jorgenson to continue this public hearing to the October 4, 1�93 Council meeting. Seconded by Councilman Billings. Upon y�/ voice vote, alZ voting aye, Mayor Pro Tem Schneider declarefl the motion carried unanimously. 5. PUBLIC HE�RING ON CONSOLIDATION OF THE FRIDLEY POLI MOTION by�Councilwoman Jorgenson to waive the= reading of the public hearing �notice and open the public hearing. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously, and the public hearing opened at 8:25 p.m. 1L � _ � . Community Development Department PLANNING DIVISION City of F'ridley DATE: October 14, 1993 � TO: � William Burns, City Manager �� FROM: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant . SUBJECT: , � P�blic,Hear�ng on Plat Re.quest, P..S.. #93-03, � • � . . . ..by Oliver �am;: 1160. �Fires.ide Drive N.E�..: �.�. � ' . - .� �The. � Cit� Council. �tabled• the pub�ic. �Y�ea�irig for the plat r-equest �� until October 18; 1993 .� � Staff. met ��with :the � petitioner and " the �. surveyor to ..review seve�a�..outstanding �issues regardinq� the '. proposed plat. � . . . . . . . � �. . � .: - The petitioner has, agreed to revise the lot lines 'for the residentiai buildings so that each lot tatals at least 10,000 square feet. The R-3 requirements permit a duplex or a tri-plex on a 10,000 square foot lot. While the petitioner has not specifically designed a duplex or tri-plex as of this date, there is adequate room on these parcels to-accommodate a garage and parking area to meet the parking requirements of the R-3 district. The parking lot for the restaurant is entirely within the commercial lot. A portion of the parking lot appears to encroach into the southeast corner of the southern-most residential lot by 2 or 3 feet, but the parking lot could be designed so that it would not encroach onto the residential parcels. The southern-most lot will have a flag adjacent to the west property line, and the northerly residential lot will directly abut Fireside Drive. The driveway for the southern-most lot will be located within the narrow strip adjacent to the west lot line. Consequently, the home should face to the east so that if the property is re-subdivided (see proposed re-subdivision plan), the home would be facing a new street. Further, the setbacks on this lot should be established such that the east lot line is the front yard, the west lot line is the rear yard, and the remaining lines are side yards. We have asked the surveyor to adjust the east lot line to the east to preserve adequate areas for both the setbacks and a building pad. n � � Oliver Tam, P.S. #g3-03 October 14, 1993 Page 2 On the northern lot, driveway access will be shared with the lot owner to the south. Access cannot be gained through the commercial lot. Further, the storm water pond spans the front yard preventing another driveway. A private driveway easement must be executed and recorded with the plat. Finally, the proposed commercial parking area exceeds the required parking for a restaurant use. The petitioner has provided 81� spaces.. Approximatel.y 61 spaces a�e required. � Recommendation The City Council should conduct and complete the public hearing on the proposed plat. The resolution approving the plat will be .scheduled.� for City Council .approval in Novembe� or Z?ece.mber; afte� tYie .�plat ha� �'been �checked:�by. Anoka County.�;' :.�t. that: .iime,. �staff.: . wi.11�..recommend tY�e, ��Cit�i�: Council adopt the� •�fo�lawing stipulations:::._� 1. . The .petitione� sha],1� submit. the information: xequested= in Scott �. Ericks.on:s lett�r��dated July �6, 1993�regardi�ng the storm. : water pond and th� grading- and, drainage pl�an. �� 2. 3. The-petitioner shall submit a�landscaping plan. The petitioner shall execute and record against the property a storm water pond maintenance agreement. 4. The park dedication fee shall be $1,500 per lot for the residential portion and $.023 per square foot for the remaining portion of the restaurant facility. Payment of the park dedication fee for the residential property shall be paid at the time of the issuance of the building permit. 5. The setbacks for the southern residential lot shall be 35 feet from the east lot line, 25 feet from the west lot line, and 10 feet from the remaining lot lines; except that garages may be located 5 feet from the side lot lines. 6. The front of the structure on the southern residential lot shall face to the east. � 7. A private driveway easement shall be recorded with the plat. Two of the original stipulations were eliminated. The first stipulation was regarding the cross parking and access easements; this is no longer necessary since the parking lot is entirely within its own parcel. Secondly, the street easement stipulation has been deleted. If re-subdivision occurs, a street dedication would occur as part of that plat process. MM/dn M-93-610 ZA � J O O . � @�.PlCIiMARK - -- � � TnP r: c' ;' OF 1-1Y0. J /�' EC E'.':: =898.64 r - . , ;:ate--•;W;-, � / /R� Q/D �+.� y , �-�oin' 6J0 fee� �.,_,r .,• . �� FIreH oranY � o/�the S.E.!4 or •,re'. � J �— .. 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Present Zoning � . . � � Present Lancl Use(s) Adjacent Zoning Adjacent Land Use(s) Utilities Park Dedicat+on Watershed District ANALYSIS Financial Implications Conformance to the Comprehensive Plan Compatibility with Adjacent Zoning and Uses Environmental Consideratians � RECOMMENDATION Staff ! Appeals Commission Planning Commission Author 1vgK;ls P.S. #93-03 Oliver Tam 'Ib replat property intA thrne lots 1160 Fi�side Drive . � � .. 1.14;048� sq. ft:; 2�.61 ac.res.� . : : � . � , � C=3,. General Shopping Cer�ter Distric� �� . Retail/i�esidential . R-4, Nlabile Hoire Park, to E& W; C-3, General Shoppi�ig Center District, to S& N; N�-1, Light Industrial, to the S Residential. to the E& W; Vacant to the S; Retail to the Pd $1,500 per lot (2); $.023 per sq, ft. Rice Creek Approval with stipulations Approval with stipulations 2C �a .. P.S. �693-03 Oliver Tam N' //2 SEC. /2, T. 30, R. 2� C/TY OF FR/OLEY 2 � � ( 2� .r � �2 �� N/� EH + SE / .. ..':,'•. 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F- ' , . , - ..._ _,.--. ._. , i � ` �,:FIRESIOE DRIVE "�''� �I�� i��(�4� ��'� ;3i i �r 6� � , � �) v �er.v .o� <) • F�•s . �n � �4 ' �` 'y� > ' (�p �� ; � � , �,�.. i . I /'I 2 `�e 2 `�: k � I s ) � �� { : L��• �N) (a), � . � � � � ON N� CENTRAL V/EW ,?" "'"_A/ANOR "� � ALNUTj�" �`' ;�'' �5 �� 3'S BD , / � , ��' ' �' � • � �' � T/ N o> : ',r 2nd -M, ADD/T/ON'. : _� � \ ;� ..� - • _ r.,.,b� �s,,2 . .., _. � . ' � .,��,:«.. �:�K � ,,..., I r as,� . ...�,.,�,� 35Q ' i� r, (u (n ` �� (a (,,� (� (a�/I (�� r� (� �� (m (v S+� r�m F � i � 17 i� y e �. , � �- ,4�, � � Z j a S i 7 B Y. /O /1 /3 /I /J !G 7 S / - . wi ,- ^~ ' _ P � � � •�,� '�'' i � �''' � "=� �(.�� `,�.`:;� � . ':�( 73 I/2 AVE. N.E. ` " � ,;"� '(`,�,� � : �"'Z � ��y, a �::a v„ , . - - - - - -- 2 /! y ,r.-nv% ite a V � '� l�� L t� 14� �� i� �� l� S�d �i� I I`. (� �'S 7..�•`An �"�'I"�� °'u �e) � s� / 2 3 ♦ S c > 6 �' ic ir iz i� is is if i� � i A � - -- - — #Z � �,�� + � y`� I� �I _"'' ': �, _ _ L ... --ft:� �L—�-----�— : : �: : ; ,..,.;� .. � � � ' c �e,v��Y-STA�E-Atf}ft�BHWJNt�iO:ff--� � � � i£c. iz) � 24 ( 3 �3 � � �.� , . 2� L OCATION MAP P.S. ��93-03 nliver Tam 0 —�5 � � ti` :RY �' � 2E ZONING MAP Staff Report P.S. #93-03, Page 2 Request 1160 Fireside Drive N.E., by Oliver Tam The petitioner requests that a plat be approved to split a parcel into three lots. The request is for 1160 Fireside Drive N.E. In addition to the plat request, the petitioner is also processing a rezoning .request to rezone two of the proposed three lots from C-3, General Shopping Center District, to R-3, General Multiple Family Dwelling, to allow the construction of two 4-unit dwellings. The petitioner is also processing a variance request to bring existing encroachments of the restaurant facility into conformance. �S ite � . . . . . . . . � � . Located.. on tY�e� � subj ect �arcel .� is �the� � Tam.' s.� �Fireside Rice�" Bowl.. �� Res�taurant �and�.two� �existing dwelling units. The��praperty `is zoned.' . ' . C-3�, .G�neral �Shopp�ing Center� District, as are the �iiroperties to .the : � �north and south.� The properties to the east and west are zoned R-� � �4, .Mobile Home Park. _. � � : - . � Analysis� . The petitioner is proposing to create three parcels, two proposed to be rezoned to multiple family and one commercial property. Multiple Family Two multiple family lots are proposed. Each lot meets the minimum lot area requirement of 15,000 square feet for the R-3, Multiple Family Dwelling district, for a 4-unit building. The minimum lot width of 85 feet is met. The proposed setbacks for the multi-unit buildings conform to the zoning district requirements. Each parcel has a minimum of 25 feet of street access. The southerly lot is a"flag" lot in order to provide access to Fireside Drive. While direct access to a public street is preferable, there is adequate room for an additional 25 feet to the east to be dedicated and a cul-de-sac constructed for future residential subdivision to occur. Commercial The remaining portion of the property will be used for the restaurant facility. The lot area exceeds the minimum 35,000 square feet required by the C-3, General Shopping Center District. There is no minimum lot width required by the C-3 district; however, there is adequate room for the restaurant facility. The access will be provided from Fireside Drive. A portion of the access does encroach onto the new lot for the proposed multi-unit building. Cross parking and access easements will need to be recorded against the restaurant and the multi-family parcel. ZF Staff Report P.S. #93-03, 1160 Fireside Drive N.E., by Oliver Tam Page 3 The restaurant meets the minimum setback requirements with the exception of the rear yard setback and the setback from an adjacent residential district. The Appeals Commission reviewed the variance request to reduce the rear yard setback from 40 feet to 26.8 feet and to reduce the setback from an adjacent residential district from 50 feet to 20.4 feet. The Commission recommended that the City Council approve the variances to: correct the existing encroachments. ' � � � As part of the plat request, the petitioner propo�es to improve the parking lot and provide required 8618 conerete curb and gutter. A landscaping plan.should also be submitted by the petitioner to provide: adequate� screening.:.,ant'i bu€f:ering .��etween the �res�aurant• fac'ility and.. the.''propo�sed 'mu•lti=ui��.�t�� bu3�l�dings: `� :With ..the_ par-kinc� �lot " improveinent,. �� a � det�r�tion � � fac�:lity, ta�l:�:. b"e requi'red', ;.�:arid. �tYie �. �petitioner wi:�.l .•be :requi;red� to�`sign. a stbrmw�ter� �p�nd� ntaintenance,: agreement for 'maintenance of trie det�ntion _pond;� �fihe �engineer'ing' department has received .the. preliYriinai`y grading and �drainage plan . ancl � has �.�provided comments . • • . • . �, � � � � Recommendation . � As�the proposed"plat request meets the minimum requirements of each zoning district, staff recommends that the Planning Commission recommend approval of the request to the City Council with the following stipulations: 1. 2. 3. 4. The petitioner shall submit the information requested in Scott Erickson's letter dated July 16, 1993, regarding the stormwater pond and the grading and drainage plan. The petitioner shall record against Lots 2 and 3, Block 1, Tam Addition, cross parking and access easements. The petitioner shall submit a landscaping plan. The petitioner shall execute and record against the property a stormwater pond maintenance agreement. Planning Commission Action The Planning Commission voted 6-1 to recommend approval of the request to the City Council. The Commission added the following stipulations: 5. The park dedication fee shall be $1,500 per lot for the residential portion and $.023 per square foot for the remaining portion for the restaurant facility. Payment of the park dedication fee for the residential properties shall be paid at the time of the issuance of the building permit. 2G Staff Report P.S. #93-03, 1160 Fireside Drive N.E., by Oliver Tam Page 4 6. A 25 foot street easement shall be dedicated on the easterly portion of the flag lot for a future road. 7. Staff shall work with the petitioner to provide eight parking spaces within both residential lots. City Council Recommendation Staff recommends that the City Council concur with the Planning Commission action. As the petitioner has not made a final decision regarding the final design of the dwelling units, staff recommends that stipulation #7 be amended to read: 7 . Th�: .petitioner sYiall Submit �inal _.dwell.i.ng .plans • indicat�ng � . � � . compl�ianc:e::�tith the p�r-�ing: requirements • of th� R-3��;; �eneral , : . , . Mult�iple � Fainily Dw�lling district. . . � . : . . . -� � �. � 2H CTTY OF FRIDLEY 6431 UNIVERSITY AVENUE N.E. FRIDLEY, MN 55432 ,'� �_ _ (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT PLAT APPLICATION FORM PROPERTY INFORMATION - site plan.required for submittal; see attached Address: l � b ` �� L -. / ,� _ � �'. � / � �--C N , Property Identification Number (PIN) � I '2 3 � � � � �' � f r Legal description: 7,�-0� �� Z� i L �( - vi1. �j-- Lot Block. � TractJAddition _ �� . � . Current.zoni�g: C .. �qaare �ootage�acreage " I a 4- o4�.g. ��-�#�;•Gig1� . , • : •Reason� for plat: � c '� � � � �o cc.2 �.,c , � 4 Uu�e.�1'��,st . " . c. . . .. . d . Have yQU o�zerated a business, in a�ciry which required a business licens�? . r---. , . . Yes No � � If yes, wluch ciry? � 2 / �� ' . . � � If yes, what type of business? _ 1�,� S�GLW2 /�ti�-- Was that license ever denied or revoked? Yes No i'`� FEE OWNER INFORMATION (as it appears on the property title) (Contract Purchasers: Fee Owners must sign this form prior to processing) NAME_ �r2� � ; ,�?� /2��c J��,-� ._Zr�` - ADDRESS -. __ ---_._ DAYTIME PHONE ,— _� SIGNATURE r' � `_�� ,---- — DATE r1 '.' f-' --- _ _� ,._ �"_ _ - PETITIONER INFORMATION NAME _ C:' �- ` a:?-,� �% � E�-'�'� � ADDRESS I 1.'��` �� `-� � V F' � Z r'�-` . L t- i l+� v�' . � � � Z C._ � i E ��/ �� j1 � _- - -= DAYTIME PHONE %•.� �f ' � � �� "�- SIGNATURE �" �—:.— -� ' DATE �I-ri>i ff� ; Fee: $500.00 for 201ots $ 15.00 for each additional lot Petmit P.S. # �?� --D� Receipt # _ .�,I -`J� � Application received by: Scheduled Planning Commission date: _ C� l/ %�3 Scheduled City Council date: 2� � � �l� OF �RIDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 •(612) 571-3450 • FAX (612) 571-1287 July 16, 1993 Advanced Surveys & Engineering Company � 5300.S. Highway No. .101 . � . Minnetonka,�MN 55345 Gentiemen: PW93-139 . � . • . � . . . • . � ,:Su.bjec�t: Tam Additior�� D�ai�age Revi�w � �. .. .. � . � . : � . . �: . : : The �follo�ving ��re. items to be� addressed :concerning the° abov� subject.: . • .� . � � � � , . � 1. ��: Provide. hydrdlogy � cafculations and determine �ponding volumes. � Show � . �. caiculatior�s .for por�cling :voi�umes. . Prov►de a mir�imum of ons. foot of �freeboard � . . � � � � on the pond. � � ". " . . _ . 2. Provide hydraulic calculations for restricted outiet and pipe design. 3. Locate pond entirely on private property. 4. Provide skimmer structure detail for outlet of pond. 5. Show driveway elevation. The driveway should be designed to prevent runoff from entering from Fireside Driye. 6. Provide a rip-rap detail, include filter fabric under rip-rap. 7. A pond maintenance agreement needs to be executed between the owner and City of Fridiey. 8. I�clude an erosion control plan. 9. Additiona! comments may be forthcoming pending further review. Sincerely, Scott Erickson Assistani Public Works Director 2J e CITY OF FRIDLEY PLANNING COMMISSION MEETING, AIIGQST 11, 1993 _________.._.,___________________.,_____________.,____________�__....__ CALL TO ORDER• Chairperson Newman called the August il, 1993, Planning Commission meeting to order at 7:30 p.m. / ROLL CALL• Members Present: Members Absent: Dave Newman, Dave K Brad Sielaff, Conni Diane Savage, ck, Dean Saba, ig Oquist � Qthers Pre��nt:,. Barbara'D.:y, Community De�eloputent. Dir�etor �. . � . . . � . .� ... Michel : c�'Yt�rson;� P3annirig Ass�st��m�� . . � . � .�Ol�iv Tam�,�; 1I50. Firesid��.Dri�e. N.E:. .. � . . �_ . �� . . � . J ce Moeri, 1128 - 63rd �Avenue .N.,E.� � � . • � . . � . � � oyce ..Trebisovsky,� ..1].30 Fireside Driv�•�.N.:E: ,� � . APPROVAL O JULY 28 199�3 P�ANNING COMMISSION MINUTES:� �' MOTiON y Mr. Kondrick, seconded by Mr. Saba, to approve the July 28, 93,.Planning Commission minutes as written. � A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED MOTION CARRIED UNANIMOIISLY. l. PUBLIC HEARING: CONSIDERATION OF A PRELIMINARY PLAT P.S. #93-03, BY OLIVER TAM. TAM ADDITION: To replat property described as that part of the Southeast Quarter of the Northwest Quarter of Section 12, Township 30, Range 24, Anoka County, Minnesota, described as follows: Commencing at a point on the east line of the Northwest Quarter of said Section 12 distant 726 feet southerly of the northeast corner of the Southeast Quarter of the Northwest Quarter of said Section 12; thence westerly along a line which, if extended, would intersect the west line of the 5outheast Quarter of the Northwest Quarter of said Section 12 at a point distant 726 feet southerly of the northwest corner of the Southeast Quarter of the Northwest Quarter of said Section 12, a distance of 661.45 feet to the actual point of beginning of the land to be described, thence continuing westerly along said last described line a distance of 288 feet; thence northerly a distance of 396 feet; thence easterly at a r�ght angle a distance of 288 feet; thence southerly at a right angle a distance of 396 feet to the point of beginning. This prvperty is generally located at 1160 Fireside Drive N.E. 2K PLANNING COMMISSION MEETING, AUGIIST 11, 1993 PAGE 2 MOTION by Mr. Kondrick, seconded by Ms. Modig, to waive the reading of the public hearing notice and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED AND T�E PIIBLIC HEARING OPEN AT 7:33 P.M. � Ms. McPherson stated the petitioner is processing three land use requests. One is a plat request to subdivide the subject parcel which is addressed as 1160 Firesid� Drive, located between the two mobile home parks �ast of Highway 65 into three lots. The second�request is ta rezone a portion of the subject.parcel from C-3, General Shopping Center District, to R-3, General Multiple Dwelling District. The third request is a variance request to address the existing encroachments by the restaurant facility currently located on the property. On August 17, 1993,�the . Appeals Commissio�.:r.ecommended approval of the var.iance:reguest _ : . to: tiie: �-Git� �,CounciZ ._: � . • : � : . � . �. � . . .. . . . . _ , � : . •� � . Ms: McPfier�on siated• the pet�itioner � �.s. .proposing� �to �r-ep.Ta�.-�th�e . : � . . . �existirig parcel� ,into �•three � separate parcels.. �Two •. pa�-ceis ar.e . �.. • .• � � � proposed to .be� used � for t�ao new foizr-izriit residential dwelTings�, . . :and the � tliird par.Ge1�. .is for the- _existing restaurant facility. � . There. are 'currently� two dwelling units on�.the �Iots proposed for . �. the two new four-unit dwe�lings. � . � Ms. McPherson stated the lots for the multiple family dwellir�gs meet the minimum lot area and lot width requirements as required by the R-3, General Multiple Dwelling District. Each lot meets the minimum 15,000 square foot area requirement and also meets the minimum lot width of 85 feet. Each parcel has a minimum of 25 feet of access from a public street. The second iot achieves its access via a"flag lot". While typically a flag lot is not an ideal subdivision pattern, there is adequate room on the remainder of the parcel for a cul-de-sac should the parcel change use at a later date, and additional right-of-way could be dedicated to the east of the easterly lot line and a public street could be constructed for a future subdivision. Ms. McPherson stated the remaining portion of the subject parcel is for the existing restaurant facility. The lot area exceeds the minimum of 35,000 square feet as required for ihe C-3, General Shopping Center District. There is not a minimum lot width requirement in the C-3 district, however, there is adequate room on site for the parcel to meet the minimum setback and parking requirements, with the exception of the two existing encroachments on the southwest corner of the property for the restaurant facility. Ms. McPherson stated a portion of the restaurant's parking lot and access does encroach onto the multiple family lot as proposed. Cross parking and access easements will need to be recorded against both the proposed restaurant property as well as the proposed multiple dwelling property. 2L PLANNING COMMISSION MEETING, AIIGIIST 11, 1993 PAGE 3 Ms. McPherson stated that as part of the overall plat request, the petitioner is proposing to improve the parking lot and provide the required B618 concrete curb and gutter as required City Code. A landscaping plan should be submitted by the petitioner to provide adequate screening and buffering between the restaurant facility and the proposed multi-unit buildings. detention facility will also be required as part of the parking lot upgrade. The Engineering Department will require the by A petitioner to sign and record against the property a storm water pond maintenance agreement. The Engineering Department has reviewed the preli�i�nary grading plan and has submitted a list of comments via the surveyor to the petitioner. Ms. McPherson stated that as the plat request meets the minimum requirements of each of the zoning districts, staff recommends that the.Planning Commi�ssion�recommend app�oval_of�the,request to� � . �he. City. eouncil, w�th tl�ie..following ,stipulat"ioris: � . _ . - . . � �� . - 1. The petitioner sh�all�subm'it..the.information requested �� " in Scott�Erickson's letter dated July �6,�1993,.", � . � regarding the stormwater pond�ar�d the grading and � . �. drainage plan. .. � . 2. � 4. The petitioner�shall.record against proposed Lots 2 a�d 3, Block 1, Tam Addition, cross parking and access easements. � The petitioner shall submit a landscaping plan. The petitioner shall execute and record against the property a stormwater pond maintenance agreement. 5. The park dedication shall be $1,500 per lot for the residential portion and $.023 per square foot for the remaining portion for the restaurant facility. (shall be paid at the time of the issuing of the building permit - for residential) Mr. Newman stated that access to the flaq lot would really be through the parking lot and that the residential property would have to negotiate parking spaces with the restaurant property. Has the City ever done anything like this before? Ms. McPherson stated that typically most of the cross parking easements have occurred between two commercial properties or two industrial properties. In reviewing this request, the City Assessor suggested that perhaps the flag could be rotated so that the flag portion is on the westerly side, and the access wauld then occur over the driveway for the other multiple family dwelling. Then, the back yard of the second multiple family , dwelling would be facing the restaurant facility. However, that eliminates the potential for any future subdivision and public roadway. 2M PLANNING COMMISSION MEETING AUGIIST 11 1993 PAGE 4 Mr. Kondrick stated that when the restaurant is having a successful evening, the possibility exists that there will be times when there are no parking spaces for the multiple family dwellings. Ms. Dacy stated the petitioner is proposing a four stall garage. If that is a concern, the owner can post a sign reserving the first four sta�ls for additional parking. That has been done for commercial developments. the multiple family property Mr. Newman stated that if, in fact, p y then is under separate ownership from the restaurant pro ert , how is the City going to get the additional 25 feet to put in the public roadway. . �� Ms�: D�cy �sta��ed �that � in .ariswer. to �.that concern, as part.:of the :. p1at.,r.equest; they• should� reserve. a�25 foot str�et•��easement �aloi�g, ��t2ie . entire lengtYi o.f � the .�f3.ag � to : reserve. that ' option:' �_ Maybe thc� :fbll.o�ing, two �stipula�ti.ons should be. added � in the�: ev.ent: �the restaurant property should ever retux'n to residential:. .�. 6, If the re�taurant•property returns to.a�.residential� � use, the parkipg lot encroachment�is removed from these two properties. 7. The dedication of the street easement Mr. Oliver Tam stated he is the owner of the Rice Bowl Restaurant. He stated he is very appreciative of staff's ideas and suggestions to make the lot work for everyone involved. Mr. Kondrick asked if the petitioner agreed with the stipulations recommended by staff. Mr. Tam stated he had no problems with the stipulations. Mr. Newman asked if the petitioner understood that the City may require a 25 foot street easement. Mr. Tam stated he had no objection to that, whatever works best for the property. Ms. Joyce Trebisovsky, 1130 Fireside Drive N.E., stated she represents Park Plaza Mobile Home Park and Estate Mobile Home Park. Her only concern is that if the parking lot is expanded to the right side of the property, there should be some typeaok. barrier so the lights do not shine into the mobile home p Mr. Newman stated that, at this time, there is no proposal to move the parking lot. If in the future, the owner decides to replat ihe restaurant property and break it into residential lots, then at that time a public street would go in. HowYver, in all likelihood the parking lot would also go away. If an of 2N � PLANNING COMMISSION MEETING, AUGIIST 11, 1993 PAGE 5 this happens, there would be another public hearing, notices would be sent out, and this process would repeat itself. Ms. Trebisovsky thanked Mr. Newman for this clarification. Mr. Saba stated he did not think it is a good situation to have a cross parking easement between commercial and residential. Ms. McPherson stated the proposed multi-family units are not intended to be the typical general occupancy units. They are for Mr. Tam's family and emgloyees of the Rice Bowl, and he will be the owner of both the properties. � �� Ms. Modig stated that is fine for the present time; but if, in the future, Mr. Tam sells the property, then there is a parking ],ot situation with a cross parking easement and two.pieces of property , unde� separate ow�i�rship : . � � � - � _ � . - : : . Ms�.. .Dad`y...sta.ted � there�; Yiave' �.been..'i.nst�nces �n�=coirimer'Cia� � � �'� � propezties where s,i�gns � reserving��par�ing ;�spaces � ar�e su.ccessful .�: Th�e Code � require� 'eight: par�C�ing �.space�. �for �e�ch• �mu�Zti�.�famil� - � � dwelling.unit,: and they already,have.four garage spaces: �That � leaves . o.n�� f.our spaces that• ,are ��needed,� . and she believed those_ � spaces:can be,reserved. She did not see a��big conflict with the cross parking easement: .� � _ � Ms. Modig stated the only times she could see the parking being a problem is during private parties or large events at the � restaurant. Ms. Dacy stated that if the Commission feels strongly about this, then one solution would be to flipflop the flag to the west side of the property. Mr. Saba stated he could not see a problem with a cross parking easement with commercial/commercial properties, but he did see potential problems with commercial/residential. Ms. Modig stated she did not see a problem now with the proposed usage of the multiple family units by Mr. Tam's family members. Her concern is for the future. If the property is sold and the new owners do not want the cross parking easement, does the City have to get involved? Ms. Dacy stated staff is recommending that the cross parking easement be executed as part of the plat approval. If there are any changes, then both owners would have to agree to that. Ms. Dacy stated that in looking at the plat, there might be enough area on site to create a little pad for four parking spaces on each lot separate from the commercial property. Staff could work with the petitioner on this. 2� i .. � � PLANNING COMMZSSION MEETING, AOGIIST 11, 1993 PAGE 6 MOTION by Mr. Saba, seconded by Mr. Kondrick, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING CLOSED AT 8:00 P.M. Mr. Newman stated stafi has done the best they can with some undesirable choices. He did not particularly like the cross parking easement, but he did think that keeping the flag on the east side of the property preserves some options for the future. . There might be some problems with the cross park�ng �asement in the future; but those are the types of issues that are better left resolved by the property owners. In the cases of redevelopment, there are going to be some problems in working around existing structures. He stated he is comfortable with approving..the plat with the stipulations.as recommended��by..staff„. - wi.tl�'��:the ,addit�on of ' a st�pulation � to vaea�te the s.tre�t .easement ,�. and� � to .tsrmina�e� � the crsoss park.ing 'eas:�mei�t � upon : chanqe . in. use: of ` restaurant� �or �.discon�inua`��:on� :of us.e o�' . the .1ot. . . � ; . �. � . Mr: �Saba �stated he is i�ot- comEortable with : the cross p�rking � � � easement. It is a good situation .how, but 'what .abo�it. the future?. What if the � restaurarit cha�ges to a nigl�t club, . and there are .� . even more cars � in the parking lot? He 'would� Tike to see : �• something else worked out with the parking. � Ms. Modig stated that she did not have a problem with the flag lot. She would like to figure out something to do with the cross parking easement if it becomes a problem in the future without having to go through this whole process again. Ms. Dacy asked if the Commission members would like staff to explore the possibility of finding a separate area for eight spaces other than on the commercial lot. Ms. Modig stated she is just concerned about the cross parking becoming an issue in the future, and it may never be an issue. Mr. Sielaff stated that if it is possible, he would like to see the parking kept on the residential lots to prevent any future parking problems. Mr. Kondrick stated he would also be in favor of the present configuration with access into the lots with eight parking spaces on the residential lots. Mr. Newman stated he had no problem with that, except that would mean blacktopping more area of the overall site to put in eight more stalls. Ms. Modig stated she would be comfortable with trying to put eight parking spaces on the residential lots. 2P PLANNING COMMISSION MEETING, AUGIIST 11, 1993 PAGE 7 MOTION by Mr. Kondrick, seconded by Ms. Modig, to recommend approval of preliminary plat, P.S. #93-03, by Oliver Tam, Tam Addition, to replat property described as that part of the Southeast Quarter of the Northwest Quarter of Section 12, Township 30, Range 24, Anoka County, Minnesota, described as follows: Commencing at a point on the east line of the Northwest Quarter of said Section 12 distant 726 feet southerly of the northeast corner of the Southeast Quarter of the Northwest Quarter of said Section 12; thence westerly along a line which, if extended, would intersect the west line of the Southeast Quarter of the Northwest Quarter of said Section 12 at a point distant.726 feet southerly af the nor.thwest corner of the Southeast Quarter of the Northwest Quarter of said Section 12, a distance of 661.45 feet to the actual point of beginning of the land to be described, thence continuing westerly along said last described line a distance of 288 feet; thence northerly a distance of 396 feet; thence easterly at a right angle a distance of;. 2�8�8 �eet;, thence � southerly ..at .a rigYit ang1Q � a.� di:stance. o� .�96 . � feet to�. �he po�ht of. be.ginning. •.This.: .property:' is generally �= �located at 1160 F'i�eside. Drive N..E. ,�iit�H� the followi:rig :• � st 'ipuiations : � . .. . .� _ • � . . . l. The:petition�r,shall submit the information requested � in,Scott Erickson's letter t],at�d July�16, 19.93, � � regarding the�starmwater pond and the grading and drainage plan. 2. 3. 4. The petitioner shall record against proposed Lots 2 and 3, Block 1, Tam Addition, cross parking and access easements. The petitioner shall submit a landscaping plan. The petitioner shall execute and record against the property a stormwater pond maintenance agreement. 5. The park dedication shall be $1,500 per lot for the residential portion and $.023 per square foot ior the remaining portion for the restaurant facility. Payment of the park dedication fee for the residential properties shall be paid at the time of the issuance of the building permit. � 7. A 25 foot street easement shall be dedicated on the easterly portion of the flag lot for a future road. Staff shall work with the petitioner to provide eight parking spaces within both residential lots. Mr. Newman stated that although he would vote in favor of the motion, he did not think they need to require this additional parking. However, it is a good approach to a difficult situation. � CITY OF FRIDLEY ANORA COIINTY� MINNESOTA NOTICE OF HEARiNG ON ASSESSMENT FOR STREET IMPROVEMENT PROJECT NO. STREET 1992 - 1& 2 Notice is hereby given that the Council of the City of Fridley will meet at the Fridley Municipal Center in said City on the 18th day of October, 1993, at 7:30 o'clock P.M., to hear and pass upon all objections, if. any, to the proposed assessments in respect to the following improvements, to-wit: STREET IMPROVEMENT PROJECT NO. STREET 1992 - 1& 2 The proposed assessment roll for each of said improvements in the total . aiuount of 51,256,255.08 is now on .file and open to public . . . insgection :by. all .p�rsons� .intereste�i, .in,.the office .of the � C�erk . . .af.��aid:City.� .. . . ' . .� : �• .� . .� � : . :.. *.. . .- . � The � general nature of . tlie improvements . and �eacli . of .�them. �is the construct�ion�of street improvements includ�ng�g�rading, concrete curb .and �, gutter; class .�5 base materia�., ..asphalt. pavement, storm dra�inage piping; �s�igning, striping and landscaping and related appurtenances located as follows: Gardena Street - Central Avenue to 8tinson Boulevard Main Street - Osborne Road to 83rd Avenue 67th Avenue - Jefferson Street to Monroe Street Rice Creek Terrace - 68th Avenue to Brookview Drive Hathaway Lane - Haakman Avenue to Reqis Drive Hillwind Road - 300� South of Lynde Drive te Matterhorn Drive Rice Creek Road - Central Avenue to 8tinson Boulevard Moore Lake Parkinq Lot - Riverview Heiqhts Parkinq Lot West IIniversity Avenue Service Drive - 83rd to 85th Avenue City Overlays and Residential Driveways The area proposed to be assessed for said improvements and each of them is all that land benefited by said improvements or each of them and lying within the general area above. Said improvements will be assessed against the properties within the above noted areas in whole or in part proportionately to each of the lands therein contained according to the benefits received. At said hearing the Council will consider written or oral objections to the proposed assessments for each of said improvements. No appeal may be taken as to the amount of any individual assessment unless a written objection signed by the affected property owner is filed with the City Clerk prior to the assessment hearing or presented to the residing officer at the public hearing. A property owner may appeal an assessment to the district court by serving notice of the appeal upon the Mayor or City Clerk within thirty (30) days after adoption of the assessment and filing such 3 page 2- Notice of Hearinq on Assessment for Street Zmprovement Project No. Street 1992 - 1& 2 notice with the district court within ten (10) days after service upon the Mayor or City Clerk. The City of Fridley adopted Resolution No. 47 - 1981 on April 6, 1981, relating to the deferral of special assessments for certain senior citizens where the payment of said special assessments constitutes a hardship. The following factors will govern the granting of the deferments: the property must be homestead property, and the owner must be at least sixty-five (65j years of age or older, and in the case of husband and wife, one member must meet this age requirement. The application for said deferral must be made within the first thirty (30.) days .afte,r. the .adoption. o�f the final �assessment roll :. �.' by� �the �Gity: Counc.il.. � The ow�er will make . applieation for c�eferrec� • payments on foi�ris pre�scribed by the: Anoka . County Auditor, `�and wi�l� •:� make application to the City of Er'idley on fonas prov�ided by..the �� city. . The City Council will consider each application �on an individual basis; however, the general policy is to grant senior citizen hardship special assessment.deferrals when the annual payment for the special assessment exceeds two (2) per cent of the adjusted gross income of the owners as determined by the most recent Federal Income Tax Return. The deferral will be terminated and all amounts accumulated plus applicable interest shall become due when any of the following happen: the death of the owner, provided that the surviving spouse is not otherwise eligible for the deferral; the sale, transfer, or subdivision of the property or any part that further deferral is not in the public interest. The assessment roll as presently calculated shows an assessment of S��,mountl for �Legal DescriptionZ under Street Improvement Proj,.ect No. Street 1992 - 1& 2 to be assessed over ten (10� years at six and one half (6 1/2 $Z per cent interest. The property owner may pay the total special assessment to the City of Fridley within thirty (30) days of adoption of the assessment with no addition of any interest. If the entire special assessment is not paid within the thirty (30) day period, but is paid before November 30th in the year in which the roll is adopted, interest is charged from the date of the adoption�of the assessment to the date on which the assessment is paid. Partial payment of an assessment which is not less than one-half thereof, provided that such partial payment shall in any event be in a sum of at least One Hundred Dollars ($100.00) , may be made within thirty (30) days of adoption of the assessment. If a partial payment is made, the original assessment will be reduced 3A Paqe 3- Notice of Hearinq an Assessment for Street Improvement ' Project No. 8treet 1992 - 1& 2 by this amount, and the remaining balance shall be certified for collection as a part of the original assessment roll. If the assessment is not paid by November 30th in the year adopted, the first payment of principal and interest will be included on the following year's tax statement. To the first payment shall be added interest on the entire assessment from the date of the adoption of the new assessment through December 31 of the following year�.- To �each subsequent installment �when due shall be added interest for bne year on the balance of unpaid principal. The entire remaining balance of an assessment subsequent to the current year�s payment may iie paid at any time after the first year, but the payment on the yearly tax statement does�include interest to December 31, of that �ear. : : . . �.. �. . � •� � �� • .�. - . '. . .,� . � . . . � - � � , ._ .: � � . DA7,'ED T8I8 ' DAY OF . � . � ; 19 9.3 � .B3f � ORDER. �OF THS CITY � � �. . C.OIINCIL OF � THE CITY � OF FRIDLEY.: .. .� � ATTEST: WILLIAM C. CHAMPA - CITY CLERR : WILLIAM J. NEE - MAYOR CITY OF FRIDLEY ANORA COIINTY, MINNESOTA NOTIC$ OF BEARIN(� ON ASSESSMENT FOR TREATMENT AND REMOVAL OF TREES 2993 Notice is hearby given that the Council of the City of Fridley will meet at the Fridley Municipal Center in said City on the 18t day oi October, 1993, at 7:30 o'clock P.M. to hear and pass upon all objections, if any, to the proposed assessments in respect to the following improvement, to-wit: " � TREATMENT AND REMOVAL OF TREES 1993 The proposed assessment roll fox each of said improvements in the total amount of 606.49 is now on file and open to public inspection. by all persons interested:;.: in the of�ice: of the Clerk .. .. • of sa:id C��y. � . . . . .. . . • . ; . � . .... . : . • � - . �• � . . The �general nature � of � the improvements .. and '-each of. :them � is. �the . � ;� t�eatment� or removal of trees located in the �City �of � Fridley as. follows: . . . . Pin No. 14-30-24-33-0087� Lot 21, Block 2 � � . 8ylvan H311s Plat 3 The area proposed to be assessed for said improvements and each of them is all that land benefited by said improvements or each of them and lying within the general area above. Said improvements will be assessed against the properties within the above noted areas in whole or in part proportionately to each of the �lands therein contained according to the benefits received. At said hearing the council will consider written or oral objections to the proposed assessments for each of said improvements. No appeal may be taken as to the amount of any individual assessment unless a written objection signed by the affected property owner is filed with the City Clerk prior to the assessment hearing or presented to the residing officer at the public hearing. A property owner may appeal an assessment to the district court by serving notice of the appeal upon the Mayor or City Clerk within thirty (30) days after adoption of the assessment and filing such notice with the district court within ten (10) days after service upon the Mayor or City Clerk. The City of Fridley adopted Resolution No. 47 - 1981 on April 6, 1981, relating to the deferral of special assessments for certain senior citizens where the payment of said special assessments constitutes a hardship. The following factors will govern the granting of the deferments: the property must be homestead property, and the owner must be at least sixty-five (65) years of � Paqe 2- Notice of Hearinq on Assessment for Treatment and Removal of Trees 1993 age or older, and in the case of husband and wife, one member must meet this age requirement. The application for said deferral must be made within the first thirty (30) days after the adbption of the final assessment roll by the City Council. The owner will make application for deferred payments on forms prescribed by the Anoka County_Auditor, and will make application to th;e•City of Fridiey on.forms provided by the City. � � � The City Council will consider each application on an individual basis; however, the general policy is to grant senior citizen hardship special.assessment deferrals when the annual payment for '� �� the special�,`as:sessment �exc.eed$� .�wo .��(2�)� . p�r cent of� the adj��ed ; . . � . �. .� � gr'oSs•in�ome :o'f`.�tie�ownexs as determined��by:the'nios�t re�ent:Federal-.: • . . Income Tax Return. �. � . � � . . ' . . .. : � . . � . . . .. . .. � .. .. . �.Y.. . . . . . . � . . . . ,: �be terminated. and � all . amo�xnts. �accumul�ted � l.us '� � . The�deferral will . .. . P . . . � � . applicable interest � sha],1 �become due �when . any� .of� tl�e� �following . � � .•� . se . liappen. the �death of the owner; provided that the .s�zrviving spou . _ ' � is�not Qtherwise eligible for the deferral; the sale, transfer, or , subdivision of the property.or any part�thereof; loss of home$tead status for any reason; the City Council determines that further deferral is not in the public interest. � The assessment roll as presently calcuiated shows an assessment of S{Amount) for ,�.Legal Description) under Treatment and Removal of Trees 1993 to be assessed over five (5) years at six and one half 16 1!2 �) percent interest. The property owner may pay the total special assessment to the City of Fridley within thirty (30) days of adoption of the assessment with no addition of any interest. If the entire special assessment is not paid within the thirty (30) day period, but is paid before November 30th in the year in which the roll is adopted, interest is charged from the date of the adoption of the assessment to the date on which the assessment is paid. Partial payment of an assessment which is not less than one-half thereof, provided that such partial payment shall in any event be in a sum o� at least One Hundred Dollars ($100.00), may be made within thirty (30) days of adoption of the assessment. If a partial payment is made, the original assessment will be reduced by this amount, and the remaining balance shall be certified for collection as a part of the original assessment roll. If the assessment is not paid by November 30th in the year adopted, the first payment of principal and interest will be included on the following year's tax statement. To the first payment shall be added interest on the entire assessment from the date of the adoption of the new assessment through December 31 of the following i � Paqe 3- Not�ce oi Hearing of Assessment ott Treatment and Removal ot �ress 1993 ' year. To each subsequent installment when due shall be added interest for one year on the balance of unpaid principal. The entire remaining balance of an assessment subsequent to the current year's payment may be paid at any time after the first year, but the payment on the yearly tax statement does include interest to Dece7nber 31, of that year. � DATED THIS � � DAY OF � 1993 �BY ORDER � � � OF THE CITY�COIINCIL OF THE CITY OF FRIDLEY. . • , . . : . � . � . � . .. . . ._ ..� . . ,. . . . � . ' ' . . . . � : � . . �. - ..- � AIi�LIAM J. : .NEB. '= � MAYOR • � . � . . � � - : . . . _ . . .. .: . � � ATTEST: •. . . . : . . • : � . � � . . WILLIAM C. CHAMPA �- CITY CLERR � �� i � 5 r � � i DATE: � TO: FROM: Community Development Department PLANNING DIVISION City of Fridley October 14, 1993 William Burns, City Manager � �f � Barbara Dacy, Community Development Director Michele McPherson, Planninq Assistant � SUBJECT:. . Variance.Request, VAR #93-23,.:by S.t. Philip's.: . . ..� . �: � . � . . . �v�heran�. Churcl� • . � � .. . . : • , � . �� . The.�City� Council •t.abled the.��request.:at �its Oct�ober 4�,'.. 1993 me�ting:� •� � Th.e�City�Council requ�sted that staff research the ty.pes of signs- " � other churches have and• also requested. informati,on- �regardix�g • signs � �for rion-pro�it.organizations. ' � �� Research Staff reviewed the address files of all churches located within the City. Approximately 50� of the churches are displaying signs without appropriate permits. For those churches with no sign permits, staff conducted site visits to determine the approximate size of the signs. In most cases, the churches were displaying free-standing signs less than 32 square feet. The exception to this are Fridley Covenant and Valley View Christian Church. Both are displaying two signs; one a permanent "monument" type sign of less than 32 square feet. The second are "temporary" signs made of plywood which appears to be approximately 32 square feet in area. In the case of Fridley Covenant, the second sign is covered with plexiglass and appears to be changed on a regular basis. Of the non-profit organizations which include the VFW, American Legion, Knights of Columbus, and Totino-Grace High School; the VFW and American Legion properties are zoned C-2, General Business and C-1, Local Business, and therefore are permitted signs of 80 square feet. These uses have not been treated as "institutional" uses, but rather as commercial assembly uses. Institutional uses are defined in the sign ordinance as a"public or private institutions including churches, schools, hospitals, and medical clinics". The Knights of Columbus property is zoned R-3, General Multiple Family Dwelling, and has a 60 square foot wall sign located on their building. There is no indication in the file of the Knights of Columbus why a variance request was not processed. Totino-Grace, an institution, displays a monument sign of 32 square feet. They �� St. Philip's VAR #93-23 October 14, 1993 Page 2 had proposed a sign of 40 square feet and began the variance process, however, they chose to withdraw their request. Grace Evangelical at 755 - 73rd Avenue requested a variance to the sign area from 32 square feet to 40 square feet in 1992. The Appeals Commission recommended denial of that variance request and the church withdrew its request prior to the City Council reviewing it. The City Council did approve a reduced setback variance. Revised Request The petitioner has� pr�oposed to revise the variance_request to.� increase the� maximum �ign ' area : for • an i�stitut�ion �from 32 �: square• � . � fe�t � ta 7•0 F �sc;uare � �ee� to-=:a1�Iow " b'oth � signs • to ekist�. � � . .The -�hurch� : �.. is �also willing � ta � comply with �a S�ipulatian w1iiC3� �. reqtiires'� the . church �o� install one sign; �rithin two� years, meeting the��32., square�. � foot requirement; or reapply.for�a�variance.. ; � � ' �� The City �Attorney �has.� indicated that..since the petitioner��s -� �. substantially revising the x-equest, they must start the variance process again. The petitioner should withdraw their� current request and request the City Council allow the existing signs to be displayed during the variance process. The next Appeals Commission meeting is November 9, 1993. Final action by the City Council would occur on December 13, 1993. The petitioner originally requested that the $100 application fee be waived (see letter dated August 27, 1993). Because the process has to be repeated, staff recommends that the fee not be waived. Staff also suggests that another fee not be imposed. Recommended Action Should the Cit Council should compl.etion of Council should fee. MM/dn M-93-608 y Council concur with the revised proposal, the City pass a motion to permit the sign to remain until the revised application process. Also, the City instruct staff not to charge another application • � O � � 0 6(SO HIGHWAY 65 NORTH EAST • FRIDLEY. MINNES07A 55432 • TELEPHONE 6!2/571-1500 St. Philip's Lutheran Church . Mayor William Nee _ Fridley City Council � � `6431 Univexsify �venue NE . : . .:. F�rid�ey � MN� 55432 •� � '. �. �. Dear Mayor �ee:. . . October 14,1993 ��. � � This letter is to request a variance to excee.d the allowable squa're footage for �� . an institutional sign up �to a total of 70 square feet. This represents the_ total square footage of our existing identification signage of 24 square feet plus the new sign designed around our capital campaign which is 46 square feet. T'his information sign is to be located on our Highway 65 frontage approximately 100 feet south of West Moore Lake Drive. This request would cover a two-year period, until Nov. 1, 1995, at which time St. Philip's Church will submit a request for a sign permit for a newly designed single sign or a requesi for a variance, should the proposed new sign exceed the 32 square footage allowed by the ordinance. Sincerely, � C r �� 2�� ' Thelma Nash Allan J. Schoonover, Connie M. 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Q) a.,� U �1'� � N � i� C � +� N � � +� -ri N m N � .0 �t cA 1� � • •'1 i� N • � �1-� • W �-'I ttf .� N N af �x y_> Gl �+� O td > il+. . cd C1 �'d tq c� �' X � U!� ia � U •r1 •rt J-� p� •n i� U-.i �� U i� GI �+ U 1-+ � V O�+�UO OWS.�S-�U ,-�OcdO O�cdW 0+��+0 O�+�b ►-lNm.� �70L1CaN p.,��rl �-1�t�3�+ �lU!«3G0 �70V1C1, +� w b' � N N ap � � � � � O N a � � .r., � � o i N (y� m m v � '� � � � .�." U s� � � U N J-� M Q) d' � � �� x cn a�� 'Jr I � .-I .-i �o� cn o -� O M S-i a�w � w �' N � � � rn l!'1 � � i a N f'� d� a� � �� a N N � .,-I .,� � � � � a a� .-� o � r-�r co -� RS N 3-1 '� ri LTr � i a � Q N • M ',.,� d' a �n � � a� - s� �� 3 � a r-+ ob . � .,� .1-� O f-1 ��w � w � N 0 0 � � � � a� � � � ,i N eC�' f'1 1� d' � J�In � +� � � -� � N Uy� N� N � � �So� •rt rn -.� � s� �' � i a 7r N r". Ri ('� IC .,'� d' � � a� -.� �n � � a i� N N .il1 7r � � r�-1 a�� •.� N � f-� a�ow � w 27" N 0 0 0 0 N � i a � •� +� � a� U 3-+ � N WC!]M O d' -� � .� t� �, �a s� •.� � m � U •� N rl �.' r-i � � -�I c-I -.-i Sa O S-� w�w i:. w . STAFF REPORT �_ Community Development Department Appeals Commission Date September� 14, 1993 Planning Commission Date City Council Date Septer,�ber 27, 1993 (lrtnjaP� jQg� REQUEST Permit Number Applicant � Proposed Request Location � .. SI'�E"DATA ::� • . Size � � �. _ . . . Densiiy " . � Present Zoning .. ' . Present Land Use(s� . Adjacent Zoning � Adjacent Land Use(s) Utilities Park Dedication Watershed District ANALYSIS Financial Implications Conformance to the Comprehensive Plan Compatibility with Adjacent Zoning and Uses Environmentaf Considerations RECOMMENDATION Staff Appeals Commission Planning Commission Author �_ls October 18, 1993 VAR #93-23 . �St. Philip's Lutheran Church� . To allaw the display of a teirporary sign for mr�re than two weeks (� to �'�ree veais) 6180 Highway 65:�T..E. . . . , . : . Seven- acx�s � _ � . . . . .' � . . . : 1�3, General N�iltiple FamiTy. � �.' � . ; • Institution � � � . . C-3, G��neral Shopping Center District, to the N& E; E�1, Single Family to the Tn1 � Crntmercial to the N& Ef Residential to the W Rioe Creek �enial Denial 6E � . :. � RNER � �"I I !- e ._. � � � 1 --- � 33 � i ; I I � 6F VAR 4�93-23 St. Philip's Church S �/2 S�'C. /3, . C/TY OF FR/L � 14 � � �• �" � N ` � ' . 34 � 24 ��-;, L4CATION MAP :• ' ��" +'� !� r . • ��°��. �, � :�`=-. , • < .. .'�,r � . •. � � � � C � � �� ; �� ,l � �; �� Ps��,•l��•�•A.�.4��f�>�► � ♦��0♦ `t►�R♦ �A��-��►�D� �1�`��►0►� �� r � ��L�O�i �I S� ��0♦.1�♦♦� ►•�� ♦o��a,.s��s : _"� :�ir s"i�� i►`'��i �!�si'�'�'i'�°�♦i��►�i �i .�•'�'� :' i'�i'�!►°i�i �� .. �-.. � ._ • .� � � �\ � Staff Report VAR #93-23, 6180 Highway 65 N.E., St. Philip's Lutheran Church Page 1 A. STATED HARDSHIP: � "Three-year program - temporary sign requested." ADMINISTRATIVE STAFF REVIEW: Request The petitioner requests that a variance be. display of a temporary sign for more�than request is by St. Philip's Lutheran Church, at 6180 Highway 65 N.E. time extension granted to allow two weeks. The generally located Site �. :�ocated� on.� tYie• property .i.s a..s•ingle� story.m�sonry� build:ing. ��. There is a gy�nnasium and�:activity � center�'connect�d td. �the' ��ii� • - ch�urch facili.ty, The proper•ty is�zoned R-3, �ener�l Multiple� Family Dwelling: �Tlie property �to the �east and north is zon�d C-3, Genera� Shopping Center District. The property to the w�st- is` zoned R-i:, .Sing�le Family Dwe1��.i�g.:, �� _ Analysis section 214.11.06 of the Sign Code requires that portable signs may be displayed for a period of 14.days after a permit is issued by the City. Public purpose served by this requirement is to control visual pollution by limiting the size and types of signs displayed on a property. The petitioner has installed a sign advertising their current fund drive. The sign is 46 square feet in area and is approximately 8 feet high. The intent of this sign is to be temporary; display is for the length of the fund drive. In 1978, the church installed a 5.5 feet by 14 feet brick sign. The message area of the sign is approximately 24 square feet in area. Chapter 214 of the City Code allows institutional signs of 32 square feet in area. Prior to the City approving a variance to Chapter 214, four conditions must be met by the petitioner. Those conditions include: A. That there are exceptional or extraordinary circumstances applicable to the property or to the intended use that do not apply generally to other property in the same vicinity and district. The property is zoned R-3, General Multiple Family Dwelling. Chapter 214 limits the maximum size of signs for institutions at 32 square feet and does not specifically allow th� ��G� of temporary signs, except for 6H Staff Report VAR #93-23, 6180 Highway 65 N.E., St. Philip's Lutheran Church Page 2 institutions. The petitioner has the option of reconstructing its existing sign to incorporate a readerboard type of sign which would allow temporary messages to be displayed within the sign. This would allow the petitioner to advertise the current funding drive.as well as the hours of services without temporary signage. B. That the variance is necessary for the preservation and enjoyment of a suhstantial p�operty right possessed by other property in the s�me vicinity and district, but which is denied the property in question. Denial of the variance would not eliminate signage for the.,.peti.tioner.. The. petitioner has an existing.sign adyertising _the. _ f�cility :as a. .�utheran church.. � - . . The �ma��cimum .amount �af sig�aqe� permitted� bg � code �,has =not , been-. utilized by:the petitioner. The_petitioner may apply for . new permits for< teinporary signage in 199.4: The petitiorier has� other optio_ns; thezefore., �denial of the variance wQUld not remove a substantial property right from the petitioner. �. � C. That the strict application of the Chapter would constitute an unnecessary hardship. � Denial of the proposed variance request would not constitute an undue hardship as the petitioner is allowed to display temparary signs for two 14-day periods per year. D. That the granting of the variance would not be materially detrimental to the public health, safety, or general welfare, or detrimental to the property in the vicinity or district in which the property is located. Currently, a multiple number of signs are displayed by the petitioner: the permanent sign which received a permit in 1978, the temporary sign of 46 square feet currently displayed, and a small nursery school sign. The public purpose served by the Sign Code is to reduce visual pollution by limiting the size and types of signs displayed on various properties. Denial of the variance would assist in meeting the public purpose by limiting the number of signs displayed on the property. Recommendation As the petitioner has not met the four conditions required prior to the granting of the variance, staff recommends that the Appeals Commission recommend denial of the variance to the City Council. 61 Staff Report VAR #93-23, 6180 Highway 65 N.E., St. Philip's Lutheran Church Page 2 Appeals Commission Action The Appeals Commission voted unanimously to recommend denial of the request to the City Council. City Council Recommendation Staff recommends that the City Council concur with the Appeals Commission action.. 6J . . � . �.. . CITY OF FRIDLEY 6431 UNIVERSITY AVENUE N.E. FRIDLEY, MN 55432 ' � � (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT VARIANCE APPLICATION FORM PROPERTY INFORMATION - site plan required for submittal; see attached Address: � 6l,$O � Hiahway .65 NE .in Fridlev � Property Identification Number (PIN) Legaldescription: Outlots 1 and 2, Block Two, Moore Lake Hi hlands, 4th Addition Lot Block � TractlAddition ��arrent zoning: ;.� :. � 'S.quare foofagelacreag� � , seven��acres �. � . =Reason. fqr �raria.xice and haxds��iip::�_�=year. prort�am -temt3o�aiv sicin ti2ne 'extetitiori.` �•. � ��requested . . . � � � Secfiion 4f City Code: �Chapter �214.. � � � . . Have you opei-ated a busin�ss in� a.city which required�a business �icense? � � �� . . . . .. .. .�. . �. . . . . . Yes ° �� : No. �X -: . If yes,�which:ctfy? �� : � � • : � . . If yes, what type of bus'iness? � �� Was that license ever denied or revoked? Yes No� X FEE OWNER INFORMATION (as it appears on the property title) (Contract Purchasers: Fee Owners must sign this form prior to processing) NAME JerLn� f r PraG k Pr Gi d€�nt- - S l�i 1 i p' � T t�i-hr�,r n�j`j�,urr„}�, ADDRESS 6180 Highway 65 NE SIGNATURE PETITIONER INFORMATION NAME St . Phi li?�' s Lutheran Church DAYTIME PHONE �� _i �nn . ., . .. ADDRESS 6180 Highway 65 NE _ Fridley MN 55432 DAYTIME PHONE 571-1500 SIGNATURE_�,�.e�� :;�,s�� DATE Auq. 20,1993 Fee: $100.00 $ 60.00 for residenrial properties Permit VAR # ` — Receipt # -`��) Application received by: Scheduled AppeaLs Commission date: _ — — % � Scheduled City Council date: � D � � 0 6180 HIGHWAY 65 NORTH EAST • FRIDLEY, MINNESOTA 55432 • TELEPHONE 612/571-1500 St. P ' 'p's Luther�n Church August 24,1993 . .. .Michele McPherson �. : . � � . . � . . . . . . � . P�anxurig Assis.tant, G�ty. of �Fridley�: � � . _ - ' . ' .�. � � ' . . �. . ". � 643� IJxiiversi � ' Aven�e NE . . � . � � - � - �3' � . . � � Fridley MN 55432 � . : ` . � �. � � . . . � Dear Miche.i�e: . : .. . . � . . . . . � . . .:. . . . . �. . The Variance Application Form requesting a variance to display our sign for up to three years is enclosEd. The sign is professionally made and very attrac�ive. It carries the theme for our three-year building fund program. It is also an invitation to otzr facility which hosts numerous community support groups as well as our own programs. A sketch of the sign is enclosed. Please call me if you have any ques- tions. Sincerely, �� elma Nash Allan J. Schoonover, Connie M. Klein�artner • pastors Thelma Nash, administrator •'l' '�ahlbcrg, childhood education s� � � � 0 6180 HIGHWAY 65 NORTH EAST • FRIDLEY, MINNESOTA 55432 • TELEPHONE 612/571-1500 St.Philip's Lutheran Church August 27,1993 Mayor William Nee Fridley City Council . � � . 6431 University Avenue NE . . � � . . � . : � : Fridley ��1VIlV� 55432 . . � . � . . � �. ' : . ' ' , . , . . . . � .. � � � . :Dear Maybr Nee: : � . . � . .� . . � - . . . , � Enclosed is our a:pplication for �a varia�ce fc�r. th� len�th a€ time� that : ��: . �� our temporar� sign may be displayed. The �sign is professionally made and . � very attractive, approximately 4'x10' and carries the logo and theme of our three-year capital appeal, "Catch the Vision—Celebrate the Challenge." The sign also serves as an invitation to the community for the many programs and support groups that are held here. Our mission is to make a positive influence on people's lives in this community. We appreciate your consideration of this request and the fee being waived, if possible. If you have any questions, please call me. enclosure Sincerely, 21�� 1 heima Nasl� Allan J. Schoonover, Connie M. Kieingartner •��sto� s Thelma Nash, administrator •�`��- `�ahlberg, childhc�d educ�� on 6M I � � � � N' � ��- /'1 � 0 �: : :� .a:.. . � ct . :�. _� • � . � . (D � r•.: : �� ci- O • rh � � 0 � � � a � ct O � N• � r-� , � � ' �' � = =� s • _� -� �/ � � �' . � �... � �. � � � :� � �: � 4 :� .� � 3 � � r, � L� � �a � � . .�'. . � � .� .� � � � � .. � . � : �:.� . . � � � _. --- ..'«',T _: - � '-' � - - _-- � � - -' -_ � � r - '` � � : " ' - � __ - � - _� __ � _ _ __ -_ � "-=_ ___ � � __ _- ' < -_ � -- - -- � — ``�, ` - -- == � � � � � � � � � � � C� � .� � �� VAR ��93-23 St. Philip's Church � � '� � � � � � � � Q \ _ � � � � � � � � � � Q�,.,�{ /� � V1 0 � � � � � � � � � � � � C �v � � _ .�_ r. �? (� � � � • �: � � � .... "L7 � c� 0 ' � ELEVATION N � � �� ' VAR ��93-23 St. Piiilip's Church � + � .. _� � r.•�+".r� _ . ` . '� � . . {, . : ... . . . . .. � .. � `�� :��• �•� - � � . . ' �,.� � . � �. � - : �� .. �,:� . �. ��. �. .:.,.. ' '�r��-.--__-_ � )��'�,� , _:. � "� `—•-�-.; -- , _----_-�- ;. .�,r �i � �`�. � f, '�� _ . _ 5 i . c�� .fi o-. � . ir.. .t;� a%�.M �y . . .� � . �' { ' �+r . . . , t... :. . -.� . . r. - . . . -. . .._ �. .. . . . . �' � . . � . . • _ ?� _ . . �� , � �� 3 � � c. � �� " . � • � � •� � . .. . . � �� g j � y` � .. - � _ . :�� " .. , ` � _ i -•�,z�_•.+.. tn.^��- , ' i � _ . i ..' 3 � . Y fi� � �.� . .:'. ...�� — . ' . � ;,,� } - ---�� r� i - = --�� : , _ , - F r .iti ��r � `_�"� � � � .� �� j �. _ +- _ Ci�C _. _.._.-.. _ '� l . . -� � :r�-`r--� t _....--, � j^4,� � �� . 4 : � � -�,� �.. ��1 . � � - -�� « � ...�� i._ �� _`� _ � __ _ � . � -_ � � ,- -.� �. ,i ` _f .. � i `�'.--- ' � � ` �• . ; ��: �-. --{ - t =-- -, 1 ;� _- - . , - 1 _ � � �� , _ ._�;: =� �- > _ ' � �_ , � � _ � 1 y ->-:�j � � t �-� __ � i " `� `�1 f `� __ _ .� , : _� � , _�. --- _�� . . . ., � �,.;., ,.,_. �, ....: 0 ��-�. � :.��r� , :�� .,i: �. ".".. � • • �: �_ _:�` - � . �. �,� --. �. ��1.1'' n� ) Original Sign �� _ i i i C[TYOF ( FIUDLEY; MEMORANDUM Municipal Center 6431 University Avenue Northeast Fridtey, Minnesota 55432 (612) 572-3507 FAX: {612) 571-1287 William C. Hunt AssistanL Yo the City Manager Memo To: -WilTiam tii1. Burns, City Manager• p�� . Gi{ i From: William C. Hunt, Assistant to the City Manager 1� subject: Labor Agreement with Interaational Union of Operatinq Engineers Local No. 49 � .'�Da�e:••�� October 4;..1993 •=�.: . . , . . �. • . ,- - � .. . . .. �. � The employees of the � City. tif� Frid�ley� �regr�sented. by the�.� . International ilriiori.of Operating Engineers Local�Union No.�49�have � voted .. tn� ��cept� the. offer ' whicYi . the � .C�ity.� has •made: � �. This. will ` involve the following changes to the"present contract:. ' 1. Appendix A. ��r�e� percent (3�) increase in wage rates-;.--� 2. ARTICLE 19.1 INSURANCE. An increase in the maximum contribution of the City toward health, life and dental insurance for employees choosing family coverage of $20.00 per month from $295.00 per month in 1993 to $315.00 per month in 1994. 3. ARTICLE XXXI. INSURANCE. Change in the base amount of group term life insurance coverage from $10,000 to $25,000. Remaining in effect are the resolution and memorandum of understanding dated June 1, 1987 relating to the inclusion of members of the Local Fridley Bargaining Unit in the Flexible Benefit Plan for City employees and the resolution (also dated June l, 1987) authorizing the inclusion of certain Public Works Maintenance employees in an employee separation benefit plan. I have prepared a resolution for consideration by the Fridley City Council at its meeting of October 18, 1993. WCH/jb i RESOLUTION NO. - 1993 RESOLUTION AUTHORIZING SIGNING AN AGREEMENT FOR CERTAIN EMPLOYEES REPRESENTED BY INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO. 49, AFL-CIO (PUBLIC WORRS MAINTENANCE) FOR 1994 WHEREAS, the International Union of Operating Engineers, Local No. 49, AFL-CIO, as bargaining representative for certain Public Works Maintenance employees of the City of Fridley, has presented to the City of Fridley various requests relating to the wages.and working � conditions of. employees of the Public Works Department of the City of Fridley; and � . WHEREAS, the City of Fridley has presented to �he designated representatives of Local 49 various requests relating to the wages and working conditions of employees of the Public Works Department . y , of �the City of. Fxidley; and . .. . .: .. . . . � . . . �. .. � •. ��. WHEi2EAS,, representat 'ives. . of ._ the : Union�.:a�d �'the� C�ity hiave �, met� •ar�d� �- � � � ' . " . . � . ,negotiated regar.dirig tne'.request�� of ttie ��Unioi�. and" the� .Ci�ty�R� and .' � . . . ..� ��. WHEREAS�, agreement h�as .r�ow' been reaehed between repr.esentatives o�f � the two�parties on th:e:.proposed��change� to.the existing ag�eement �• - � betweeri the� City �and . the � Unio.n�; � � � . � : �. � �� • NOW, THEREFORE; BE IT RESOLVED� by the City of Fridley that such agreement is hereby ratified and that the Mayor and City Manager are hereby authorized to sign the attached Labor� Agreement including Appendix A, Appendix B, and Appendix C relating�to wages and working conditions of employees of the City of Fridley Public Works Department. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS TH DAY OF , 1993. WILLIAM A. CHAMPA - CITY CLERK • � �� WILLIAM J. NEE - MAYOR • . . . LABOR AGREEMENT . . . , BETWEEN THE CITY OF FRIDLEY � ' : .. ., . .. � . - �: �� 'AND. �. : . �- •� . � . • � . .. � � . . . .. , . , . . . - . . . , • � � � � . '. THE'• IATTER�TI�TIONA� 'UN�ON � OF� OPERATIN.G ENGINEERS . • � ' . � . � • . . . . .. . , . . . . • . . . ., . . . . . . ' . . � ' . : LOCAL NO�.. 4 9 . . : . . . . , ' . �. � y : � . .. � ' ' . �rFL-CIO . . . . : . '- . - . � . � � � ' � � 1994. .. . �. . . . � I LABOR AGREEMENT BETWEEN THE CITY OF FRIDLEY AND THE INTERNATIONAL UNiON OF OPERATING ENGINEERS " LOCAL NO. 49 � AFL-CTO 1994 . Page '_ . 1�R'PiC��-�`I ��URPOS� OF �1GREEMEI�iT. ' . . . � . . � . . � �� . �1 . " ' . • . , � . • .. , .. . ' , ' .. . F . . ' � .. ... . .. . . . . . .. ' � . • � , . '. . . . . ' � ' . . . - . . " � . . ' . . . , � .:. ' ARTICLE II; ..RECO'GNITTION•: . � '. .. . �. . ' . . :, . . . � . �. 1 � . . . . .. . . .. .. . . . .. . . . . . . . . . .. . . . . . ARTICLE �III� UNION .SE�CURITY. �. 1 . !'.. . � - . . � � ' � . . . , .. . ' • - . ' ' ' . . ' . - : ' - ' . ARTICLE IV EMPLOYER SE��IRITY. . . . .. . . . . . � . . . . ". � . 2 � ARTICLE V EMPLOYER AUTHORITY. . . . . . . . . , . . . . , , 2� ' ARTICLE VI EMPLOYEE RIGHTS . . . . . . . . . . . . . . . . . . 2 ARTICLE VII DEFINITIONS . . . . . . . . . . . . . . . . . . . 6 ARTICLE VIII SAVINGS CLAUSE . . . . . . . . . . . . . . . . . 7 ARTICLE IX WORK SCHEDULES . . . . . . . . . . . . . . . . . . 7 ARTICLE X OVERTIME PAY . . . . . . . . . . . . . . . . . . . . 7 ARTICLE XI CALL BACK . . . . . . . . . . . . . . . . . . . . . 8 ARTICLE XII LEGAL DEFENSE . . . . . . . . . . . . . . . . . . 8 ARTICLE XIII RIGHT OF SUBCONTRACT . . . . . . . . . . . . . . g ARTICLE XIV DISCIPLINE . . . . . . . . . . . . . . . . . . . . 8 ARTICLE XV SENIORITY . . . . . . . . . . . . . . . . . . . . . 9 ARTICLE XVI PROBATIONARY PERIODS . . . . . . . . . . . . . . . 9 ARTICLE XVII SA�ETY . . . . . . . . . . . . . . . . . . . . . 9 ARTICLE XVIII JOB POSTING . . . . . . . . . . . . . . . . . . 9 : ARTICLE XIX INSURANCE . . . . . . . . . . . . . . . . . . . . 10 ARTICLE XX ANNUAL LEAVE . . . . . . . . . . . . . . . . . . 10 ARTICLE XXI SHORT TERM DISABILITY . . . . . . . . . . . . . . 12 ARTICLE XXII STANDBY PAY AND MINIMUM CALLBACK ........ 13 ARTICLE XXIII EMPLOYE EDUCATION PROGRAM . . . . . . . . . . . 13 ARTICLE XXIV FUNERAL PAY. . . . . . , . . . . . . . . . . 14 ARTICLE XXV JURY PAY AND WITNESS FEES . . . . . . . . . . .�. 14 AI2TICLE XXVI MILITARY LEAVE . . . . . . . . . . . . . . . . . 14 ARTICLE XXVII INCENTIVE PAY (LONGEVITY) . . . . . ... . 15 : :��ARTICLE:-XXV•III�'HOL�fl1�YS' . . ' . • ' ' .' ' . '. '. . ' ' ' . ' � 35'� '. . - . . �AR2'ICLE XXIX �.UNIFOKMS � . � . _ , � . • • � . � • � . . . . - . � . - � • . . .15 . ". � � . � ARTICLE XXX R�PRES�EN'I`AT�IVE OF� AREA' WIDE .NEGOTIAT�ONS . . : . .. 15 . . � � ' F,RTICT�E XXXI INSURANCE. : '. . . . �, , . .� . . �. . . : . � . . 16 � ARTICLE XXXII WAIVER . . . . . . . . : . . . . . . . . . . . . 16 ARTICLE XXXIII DURATION . . . . . . . . . . . . . . . . . . . 16 APPENDIX A . . . . . . . . . . . . . . . . . . . . . • - • - - 18 APPENDIX B . . . . . . . . . . . . . . . . . . . . . . . . . . 19 APPENDI X C - - - - - - - - - - - - - - • - - . . . . . . . . . 2 3 � : � LABOR AGREEMENT BfiTWEEN THE CITY OF FRIDLEY AND THE INTERNATIONAL UNION OF OPERATING ENGINEERS ; . ,..LOCAL NO. 49 . AFL-CIO ARTICLE I. PURPOSE OF AGREEMENT This AGREEMENT is entered into between the CITY� OF FRIDLEY, .. � . hereinafter c�l.led. . the , EMPLO�ER,, :and . .the •Local�. No. � 49, � � . '.. •�.- �Interr�a'tional Un�on��o�� O�er.ating �Engineers�,,:. AF�-C2fl, .iiereiria�ter�� . �� :.�.,- , .ca•l�led t.he UNiON, .: ... .� : � ' � . . . • �.. :It �is 'the intent and � purpbse tif -th�e `AGREEMENT to: � � . -� �� , ' . � � 1. �l� . Establ is�h . � Ee�rta�'in � �liours, �wages and. �otYier �: �conditions � of. � • � - � employment; � �. � . _ . 1.2 Establish procedures for the resolution of disputes concerning. , this AGREEMENT'S interpretation and/or application; and 1.3 Specify the full and complete understanding of the parties; and 1.4 Place in written form the parties' agreement upon terms and conditions of employment for the duration of this AGREEMENT. The EMPLOYER and the UNION, through the AGREEMENT, continue their dedication to the highest quality of public service. Both parties recognize this AGREEMENT as a pledge of this dedication. ARTICLE II. RECOGNITION The EMPLOYER recognizes the UNION as the exclusive representative in a unit as certified by the Minnesota Bureau of Mediation Services. ARTICLE III. UNION SECURITY In recognition of the UNION as the exclusive representative, the EMPLOYER shall: 1 : 3.1 Deduct each payroll period an amount sufficient to provide the payment of dues established by the UNION from the wages of all employees authorizing in writing such deduction, and 3.2 Remit such deduction to the appropriate designated officer of the UNION. 3.3 The UNION may designate certain employees from the bargaining unit to act as stewards and shall inform the EMPLOYER in writing of such choice. 3.4 The UN.ION agrees to indemnify and hold the EMP�OXER harmless . against any and all claims, suits, orders, or judgments brought or issued against the CITY under the provisions of this Article. ARTICLE IV. EMPLOYER SECURITY °� The:�UN'ION;agrees�tliat'during� .the li€e,of• this .�GRE�MENT� it wil� riot ��• �� ca�se,: encourage�; _p�rticipate i�n ar su�ipo`rt �any str.'i�ce,. .:�loc�t-down :� �or other i�nterrupt�ion �of` or • interfer�rice`with� the .normal furictiori�'� �. of.. the EMPL05�ER. .. . . . , . � . � � : . . . . .. . .. . : . ... . . ,.. , . ART�.�CLE� Vy E1�FIA�ER 11i3TH�ORI'�Y ' . .. . . . . : . . � . . . ' � 5.1 The EMPLOYER retains the full� and unx�estricted right to operate ancl manage all manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct, and determine the number ot�personnel; to establish work schedules and to perform any inherent managerial function not specifically limited by this AGREEMENT. 5.2 Any term and condition of employment not specifically established or modified by this AGREEMENT shall remain solely within the discretion of the EMPLOYER to modify, establish, or eliminate. ARTICLE VI. EMPLOYEE RIGHTS -- GRIEVANCE PROCEDURE 6.1 DEFINITION OF A GRIEVANCE A grievance is defined as a dispute or disagreement as to the interpreta�ion or application of the specific terms and conditions of this AGREEMENT. 6.2 UNION REPRESENTATIVES `Phe EMPLOYER will recognize REPRESENTATIVES designated by the UI�1I0[v as the grievance representatives of the bargaining unit having the duties and responsibilities established by the 2 : Article. The UNION shall notify the EMPLOYER in writing of the names of such UNION REPRESENTATIVES and of their successors when so designated. 6.3 PR�CESSING OF A GRIEVANCE 6.i 4.� It is recognized and accepted by the UNION and the EMPLOYER that the processing of grievances as hereinafter provided is limited by job duties and responsibilities of the EMPLOYEES and shall therefore be accomplished during normal working hours only when consistent with such EMPLOYEE duties and responsibilities. �The aggrieved EMPLOYEE and, t�e UNION REPRESENTATIVE shall be a�lowed a reasonable amount of time without loss in pay when a grievance is investigated and presented.to the EMPLOYER during normal working hours provided that the EMPLOYEE and the UNION REPRESENTATIVE have notified and received the approval of the designated supervisor who has determined �that �such • absence. is: reasoriable and . wo�zld not .be .�� detrimeri�al . �to the � :work �programs � �of �.tYie �Mpi3OY�ER . � �' ' � � . . PROCEDURE . . '. : � . . � . . � - : , . �. . � � Grievances; . as defined by �Section� 6. 1, shall be resolved� in � .�.. .co��erence. with�. the .foll�win r:ocedu�e: � �`� . � � . � . . g� P . Step 1. An EMPLOYEE claiming a violation concerning the interpretation or application of this AGREEMENT shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the EMPLOYEE'S supervisor as designated by the EMPLOYER. The- EMPLOYER-designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision of provisions of the AGREEMENT allegedly violated, and the remedy requested and shall be appealed to Step 2 within ten (10) calendar days after the EMPLOYER-designated representative's final answer in Step l. Any grievance not appealed in writing to Step 2 by the UNION within ten (10) days shall be considered waived. Step 2_ If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER-desiqnated Step 2 representative. The EMPLOYER-designated representative shall give the UNIOrd the EMPLOYER'S Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 : 3 within ten (10) calendar days following the EMPLOYER- designated representative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the UNION within ten (10) calendar days shall be�considered waived. Step 3. If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER-designated Step 3 representative. The EMPLOYER-designated representative shall give the UNION the EMPLOYER'S answer in writing within ten (l0) calendar days after receipt oF such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 � within ten (10) calendar days following the EMPLOYER- designated representative's final answer in Step 3. Any grievance not appealed in writing to Step 4 by the UNION ,within ten (10) calendar days shall be considered waiyed. � ,.�.�.. . .Step..4 . .. • • � . . �.� � .� . . . . . _ . �. A c�rievance..trnreso_lved in. Step 3 and� appeale.d .�in Step 4 sha�l� .�. �� ' . .be �submitted t.o the�� Minnesota Bureau vf Mediat3on .Services.� � �� . � A grievance not� .resolv.ed in . Step 4� may �be. appealed� to Step. 5 _ : � w�ithin ten (l.cij ��c�lendar .days . foli.owing .the "EMPLOY�ER!�.S ��nal� � � �� answer in�Step 4. Any g�-�ievance riot appealed.�in writing to � . Step 5 by the UN�ON within ten (10) calendar days shall be considered waived. Step 5. A grievance unresolved in Step 4 and appealed in Step 5 shall be submitted to arbitration subject to the provisions of the Public Employinent Labor Relations Act of 1971, as amended. If the parties cannot agree upon an arbitrator�the selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Public Employment Relations Board. 6.5 ARBITRATOR'S AUTHORITY A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this AGREEMENT. The arbitrator sYiall consider and decide only the specific issue(s) submitted in writing by the EMPLOYER and the Ur1ION, and shall have no authority to make a decision on any other issue(s) not so submitted. B. The arbitrator shall be without po4�er to make decisions contrary to or inconsistent with, or modifying or varying in any way the application of laws; rules, or regulations having the force and effect of law. The arbitrator's 4 �.• decision shall be submitted in writing within thirty (30) days following the close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the EMPLOYER and the UNION and shall be based solely on the arbitrator's interpretation or application of the express terms of this AGREEMENT and to the facts of the grievance presented. . C. The fees and expenses for the arbitirator's services and proceedings shall be borne equally by.the EMPLOYER and the UNION provided that each party shall be responsible for compensating its own representatives and�witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the p�roceedings, the cost shall be .. . . shared equ�.11y.. . : . . . . ... : .. . .6.6� WAI�IER -. .. . .: : ... �:. � . . . .. .. � � . . • If a grievance is. not presented within limi.ts set .forth above; . � . it shaTl �be considered "waived". If a grievance:. is not� appealed. to �the next..�s.tep wi.tYi�in _the .spec�fied� time � l:imi� ;or.� � any agreed ex�ension thereof, it sha11 be considered settled � - on the basis of the EMPLOYER'S last answer. If.the EMPLOYER does not answer a grievarice or ari appeal thereof within the specified time limits, the UNION may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual agreement of the EMPLOYER and the UNION. 6.7 CHOICE OF REMEDY If, as a result of the EMPLOYER response in Step 4, the grievance remains unresolved, and if the grievance involves the suspension, demotion, or discharge of an employee who has completed the required probationary period, the grievance may be appealed to Step 5 of Article VI or a procedure such as: Civil Service, Veteran's Preference, or Fair Employment. If appealed to any procedure other than Step 5 of Article VI, the grievance is not subject to the arbitration procedure as provided in Step 5 or Article VI. The aggrieved employee shall indicate in writing which procedure is to be utilized (Step 5 or Article VI or another appeal procedure) and shall sign a statement to the effect that the choice of any other hearing precludes the aggrieved employee from makinq a subsequent appeal through Step 5 of Article VI_ 5 :� ARTICLE VII. DEFINITIONS 7.1 UNION The International Union of Operating Engineers, Local No. 49, AFL-CIO. 7.2 EMPLOYER The City of Fridley. 7.3 UNION MEMBER A member of the International Union of Operating Engineers, Local 49, AFL-CIO. � 7.4 EMPLOYEE • , . , , . . . _ � ' • : .. . � • . , : ` �A m�mber af�. �the� :�xcluside�y�_ rec�gn�zed . �ia�gaining uriit:. .: � �' � - . . ' . . . ,7 . 5 : �AS� RAT� OF PAY. � . . : . . . . : . � . . . . •. ' . . � The.Empl�oyee's hourly pay rate.exclusive of longevity or.�ny� � . � � � ; �other sgeGial� allowa�nce:.. �� _ . : . � - � . 7:6 SENIORTTY � Length of continuous service in any job classifications covered by ARTICLE II -- RECOGNITION. Employees who are promoted from job classification covered by this AGREEMENT and return to a job classification covered by the AGREEMENT shall have their seniority calculated on their length of service under this AGREEMENT for purposes of promotion, transfer and lay off and total length of service with the EMPLOYER for other benefit under this AGREEMENT. 7.7 SEVERANCE PAY Payment made to an employee upon honorable termination of employment. � 7.8 OVERTIME Work performed at the express authorization of the EMPLOYER in excess of either eight (8) hours within a twenty-four (24) hour period (except for shift changes) or more than forty (40) hours within a seven (7) day period. 7.9 CALL BACK Return of an employee to a specified work site to perform assigned duties at the express authorization of the EMPLOYER � : .� : 1 at a time other than an assigned shift. An extension of or early report to an assigned shift is not a call back. 7.10 STANDBY PAY Compensation for standing by at the City's request, or being available for work on days that are normally considered to be employee's day off. ARTICLE VIII. SAVINGS CLAUSE The AGREEMEN� is .subject to the laws af the United States, the State of Minnesota and the signed�municipality. In the event any provision of this AGREEMENT shall be held to�be contrary to law by a court of competent jurisdiction from whose final judgement or decree no appeal has been taken within the time provided, such provisions shall be voided. Al� other provisions of the AGREEMENT shall�eontinue �n _fu11. force and�ef�feet. The voided�.provision:ma�. be re'iiego�i�ated.� at.�.the��reqi�est bf.:..eifl�er� �arty.,��•..•� : � . � � � � . . , . ... , . _ : . . _. . .. ARTI.CLE I�{.� � � WORK SCHEDULES � � ' �' � � � 9. 1 The sole. authority � in� �work schedules is•, the EMPLOYER. The_ �: _ � : � - no�-mal �w�rl�.day� for� an emplo�ee shall��.b�e e�tght� (8)�•ho�urs. . The�.� � � � normal� wor.k week.� shall � be forty -(40)�� ours Monday through Friday. . �. 9.2 Service to the public may require the establishment of regular shifts for some employees on a daily, weekly, seasonal, or annual basis other than the normal 8:00-4:30 day. The EMPLOYER will give seven (7) days advance notice to the employees affected by the establishment of work days different from the employee's normal eight (8) hour work day. 9.3 In the event that work is required because of unusual circumstances such as (but not limited to) fire, flood, snow, sleet, or breakdown of municipal equipment or facilities, no advance notice need by given. It is not required that an employee working other than the normal workday be scheduled to work more than the eight (8) hours; however, each employee has an obligation to work overtime or call backs if requested unless unusual circumstances prevent the employee from so working. 9.4 Service to the public may require the establishment of regular work weeks that schedule work on Saturdays and/or Sundays. ARTICLE X. OVERTIME PAY 10.1 Hours worked in excess of eight (8) hours within a twenty-four (24) hour period (except for shift changes) or more than forty (40) hours within a seven (7) day period will be compensated 7 : � for at one and one-half (1 1/2) times the employee's regular base pay rate. 10.2 Overtime will be distributed as equally as practicable. 10.3 Overtime refused by employees will for record purposes under ARTICLE 10.2 be considered as unpaid overtime worked. 10.4 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded, or paid twice for the same hours worked. . : ARTICLE XI. CALL BACK = An employee called in for work at a time other than the employee's normal scheduled shift will be compensated for �a minimum of two ( 2) hours' pay at one and one-half (1 1/2) times the employee's. base � �. pay . rate: . � � � . . . .. .� ' ARTTCLE• XII: ` L�6AL DEE�NSE �. . . , ' .� . .� . ' . � .. � � . � '. �12.1�.Einplo.�ees� inyol�ed �in liti.gation �because of negligence., . �� ignoranee o€ � laws, �on.=observaric� of laws,�or � a�s a result of � �� . . . einplo.yee judgiaen.tal dec�i.sio�i may ndt re.cei;v�e Iegal 'defense b�.. the � municipality�.. � . . � 12.�2 Any employee who is charged with a traffic� violation, ordinance violation or criminal offense arising from acts performed within the scope of the employee's employment, when such act is performed in good faith and under direct order of the employee's supervisor, shall be reimbursed for reasonable attorney's fees and court costs actually incurred by such employee in defending against such charge. ARTICLE XIII. RIGHT OF SUBCONTRACT Nothing in this AGREEMENT shall prohibit or restrict the right of the EMPLOYER from subcontracting work performed by employees covered by this AGREEMENT. ARTICLE XIV. DISCIPLINE 14.1 The EMPLOYER will discipline employees only for just cause. 14.2 An employee(s) will not be required to participate in an investigatory interview by the EMPLOXER where the information gained from the interview could lead to the discipline of the employee(s) unless the employee(s) is given the opportunity to have a third party or the Union Representative present at the interview to act as a witness for the employee(s). 0 �� ARTICLE XV. SENIORITY 15.1 Seniority will be the determining criterion for transfers, promotions and lay-offs only when all job-relevant qualifications factors are equal. 15.2 Seniority.will be the determining criterion for recall when the job-relevant qualification factors are equal. Recall rights under this provision will continue for twenty-four (24) months after lay off. Recalled employees shall have ten (10) working days after notification of recall by registered mail .at the employee's�Tast known address�to report to work or. forfeit all recall r;ights. . . ARTICLE XVI. PROBATIONARY PERIODS 16 . 1� Every newly hired or rehired emplayee will serve a twelve (12 ) month.probationary�p.eriod. �� . _. . .. •1.6 : 2" �ve�y. ean�pl.oyee...wil l: s�erve a . tr�e�l've� � { 12 j . nionth .. pro�s�tionar`.X ; �.� • ,.' period� 'in any job cl.assification in, which the einPloyee h�t� not: � � served a. �proba�ionary �p�riod. . : � � . � • � � � . � � 16. 3 At .any�:.;t.i�e .d•uring: the� .proba�i.onary per:iod; � a newly �h�red :o.r •, � �. � rehired employee may be terminated �t.the�.sole�discretion of � ' the EMPLOYER. 16.4 At any time during the probationary period, a promoted or reassigned employee may be demoted or reassigned to the employee's previous position at the sole discretion of the EMPLOYER. ARTICLE XVII. SAFETY The EMPLOYER and the UNION agree to jointly promote safe and healthful working conditions, to cooperate in safety matters and to encourage employees to work in a safe manner. ARTICLE XVIII. JOB POSTING 18.1 The EMPLOYEI2 and the UNION agree that permanent job vacancies within the designated bargaining unit shall be filled based on the concept of promotion or transfer from within provided that applicants: 18.11 have the necessary qualifications to meet the standards of the job vacancy; and 18_12 have the ability to perform the responsibilities of the job vacancy. 0 : duties and 18.2 Employees filling a higher job class based on the provisions of the ARTICLE shall be subject to the conditions of ARTICLE XVI (PROBATIONARY PERIOD). 18.3 The EMPLOYER has the right of final decision in the selection of employees to fill posted jobs based on qualifications, abilities and experience. 18.4 Job vacancies within the designated bargaining unit will be posted for five (5) working days so that members of the bargaining unit can be considered for. such vacancies. ARTICLE XIX. INSURANCE � . � 19.1 The EMPLOYER will contribute izp to a maximum of three hundred fifteen dollars ($315.00) per montYi per employee toward group health and life insurance for employees choosing. family . ,. . . : coverage for _ calendar year 1994 : • � � _ � : . � � .. ...�.�.1.9: � T'he.� EMPLOYER �iil�l, contribute-..u� to ��a��'maximum_� of��twa��huhdr'e.d ='' � '�=�� ' :�.� ; � . . , fi-ve dollars ($205..b,0)�.,per:.mort�k� per empinyee t�oward •g�oup �� •..� � � � � : . ��heal:tfi and . life ir�surance � 'f.or : empioy�es � choosing� single : � � � ,� coverage for cal:endax • year 1994 . • � . � � . . • � � � . ' • � �_ ..� 19. 3 By inutual� agreement ��employees may use fi"fteeri dallars (�$IS�..oOj � . of the per.month per�employee of health 'insurance dollars in 19.1 and 19.2 for dental insurance for all unit employees. 19.4 Employees not choosing dependent coverage cannot be covered at EMPLOYER expense for any additional insurance than the individual group health and group life insurance. Additional life insurance can be purchased by employees at the employee's expense to the extent allowed under the EMPLOYER'S group policy. ARTICLE XX. ANNUAL LEAVE 20.1 Each employee shall be entitled to annual leave away from employment with pay. Annual leave may be used for scheduled or emergency absences from employment. Annual leave pay shall be computed at the regular rate of pay to which such an employee is entitled; provided, however, that the amount of any co�p�nsation shall be reduced by any payment received by the employee from workers' compensation insurance, Public Employees Retirement Association disability insurance, or Social Security disability insurance. An employee's accumulation of annual leave will be reduced only by the amount of annual leave for which the employee receives compensation. 10 : 20.2 Seniority shall apply on scheduled annual leave up to May lst of each year. After May 1st, scheduled annual leave shall be on a first come, first served basis. 20.3 A beginning employee shall accrue annual leave at the rate of eighteen (18) days per year for the first seven (7) years (84 successive months). An employee who has worked seven (7) years (84 successive months) shall accrue annual leave at,the rate of twenty-four (24) days per year, beginning with the eighty-fifth (85th) month of successive employment. An � employee who has worked fifteen (15) yea:rs (180 successive �� mon.ths) shall.accrue annual. leave at the rate of twenty-six - .(26) days �pe�r ye�r, beginning w�th the one hundred �� eighty-first (181st) month of consecutive employment. These rates are based on a forty (40) hour regular work week. The .� actual amount credited to an employee in any given pay period shall.be prorated according to the actual number of.regular : � hours worked , during that pa� �period . . . Hours w�rked on •. . ,� • ` • � � . � . .� �ov�ertime,; � cai�baci�, 'o� stan�ciby � shall� � `not �ent�r: � into: . th,e � � �:. • "� � � � .. . _ . . � . ca�.cul.ati�on of. �tkie ��a�ccr.ua�I .of �.annu�al .�leav8. `' .: . � � � •, � � ' ' � 20.4: For� an �employee. hired ori` or af'ter July � 1 1983 • �� . , .. . . .. . . - .��The..m��imuin, ��otal. acc�umulatia.rr .o�f annual� lea�e�� at t�he .�nd �'o� � � ' any �given yea�r shall be �thirty�. (30) days.. Once a ye'ar, at a � time designateci. by the City, �an employee who has� completed seven (7) years of service with the City will have the � opportunity to exchange up to=three (3) days of accumulated annual leave for cash. At the same time, an employee who has completed fifteen (15) years of service with the City will have the opportunity to exchange up to 5 days of accumulated annual leave for cash. 20.5 For an employee hired before July l, 1983: Vacation accrued but unused as of June 30, 1983 shall be converted to annual leave at the rate of one (lj day of annual leave for one (1) day of vacation. Accrued but unused sick leave as of June 30, 1983 shall be converted to annual leave according to the following schedule: a. lst 45 days @ 1 day of annual leave for 1 day of sick leave b. 2nd 45 days @ 1 day of annual leave for 2 days of sick leave c. Remainder @ 1 day of annual leave for 3 days of sick leave. In lieu of severance pay, one hour of annual leave shall be credited for each full month of employment up to a maximum of two hundred forty (240) hours. E�� : �� The total amount of annual leave credited to the employee's balance as of July 1, 1983 shall be equal to accrued but unused vacation plus the amount in iieu of severance pay. Tf upon conversion to the annual leave plan an employee's accumulation of annual leave exceeds thirty (30) days, that amount shall be the maximum total accumulation (cap) for that empioyee at the end of any subsequent year. Once a year, at a time designated by the City, an employee will have the opportunity to exchanqe up to five� (5) day$ of accumul�tted �annual �leave for cash. In addition, once a year at a-time designated by�the City, an employee with an accumulation of annual leave in excess of thirty (30) days will have the opportunity�to exchange up to five (5) days of annual leave for .cash.. Such an exchange �...� s,hall r�educe- the� , maximum , total. accumulation (cap)� o_f an � . � • :•�.�empi.'�y�Ee. b�' an:..equal� amQ�nt.: .� � . .. . - � . . _2�; 6� Upon� �s�eparation froitt�, em�'Zoymen.t witt�• the. C.ity; �� an ��.�empl.oyee= . will � be � paid one (1) . day's .salary. �'for .� .eac� . day of: � ac�rued .� annua�. 1ea�e r�maini�g � in � the employee�' s` ba�lance .� .�' P,RTI�CLE XXI. �SHORT T�RM DISABILITY " � � 21.1 Each employee who has successfully completed the employee's probationary period shall be eligible for the short term disability benefit. Such an employee shall be entitled to full pay commencing on the twenty-first (21st) consecutive working day on which the employee is absent due to a physician-certified illness or injury off the job, and continuing until the employee returns to work able to carry out the fu11 duties and responsibilities of the employee's position or through the one hundred and tenth (110th) working day of absence, whichever occurs first. Such an employee shall also be entitled to full pay commencing on the eleventh (11th) consecutive working day on which the employee is absent due to a physician-certified illness or injury on the job and continuing until the employee returns to work able to carry out the duties and responsibilities of the employee's position or through the one hundredth (100th) working day of absence, whichever occurs first. The amount of any compensation for the short term disability benefit shall be reduced by any payment received by the disabled employee from workers' compensation insurance, Public Employees Retirement Association disability insurance, or Social Security disability insurance. Paymeni of short term disability benefit by the City to an employee shall not exceed ninety (90) working days for any single illness or injury, regardless of the number and spacing of episodes. The annual leave balance of an employee receiving short term disability benefit shall 12 . . not be reduced, nor shall such employee accrue annual leave during that period. 21.2 Before any short term disability payments are made by the City to an employee, the City may request and is entitled to receive a certificate signed by a competent physician or other medical attendant certifying to the fact that the entire absence was, in fact, due to the illness or injury and not otherwise. The City also reserves the right to have an examination made at any time of any employee.clairning payment . under the short term disability benefit. Such examination may , be made. on behalf of the City �y- any competent �erson designated. by the.City when the City deems the satt�e to be reasonably necessary to verify the illness or injury claimed. 21.3 If an employee hired before July 1, 1983, has received payments under the injury-on-duty provisions of previous contract$,.the.number.o� days_for whi�h .payment.was.received . ". :� �e�ill..: ke� dedu.eted frQm.:.the-��iumber.•�Qf days � of eligibility� �for••_� .•: � . �coverage��unde�r sY�ort term°�disab'i'1ity� for°that:�same injury�." � • �; ARTICLE :XXII. � STANDBY P�iY �: AND MINIMUM CALLBAeK .� FbR STANDBY � . :. EMPLOYEES,. :: . . � . : .. � �.2.�1. Employees who are d�signated �by �the .�i�y Manage.r..to. serve in�. �� . a"standby" status on beha�f of the City on a Saturday; Sunday or Holiday will receive as compensation for such servic� as � "standkiy" two ( 2) hours of overtime pay for each day ser�ted in such status. 22.2 Employees required to "standby" during the week will receive as compensation for such service four (4) hours pay at the overtime rate. 22.3 If on any such day the Employee on "standby" shall actually perform work for the City, the Employee shall be entitled to compensation for each hour or portion thereof actually worked . at the overtime rate of pay, which shall be in addition to the standby pay. 22.4 An Employee who is on standby and is called out to perform work shall be paid a minimum of one (1) hour overtime for performing such work. ARTICLE XXIII. EMPLOYEE EDUCATION PROGRAM 23.1 The City will pay tuition costs for training courses relevant to the Employee's present or anticipated career responsibilities at City-approved institutions. The City will pay fifty percent (500) of the cost of tuition in advance and the Employee will �ay the other fifty percent (50%}. The Employee will be required to present to his Department Head 13 i � a certification of satisfactory work when the course is completed. a. Courses issuing a letter grade: a"C" or above is required. b. Courses issuing a numerical grade: a 70 percent grade � is required. , c. Courses not issuinq a grade: A certification from the instructor certifying that.the student has satisfactorily participated. in the activiiies .of- th� courses is �: � required. � . - . �' . � 23.2 If the Employee�satisfactorily completes the course; the Employee will be reimbursed for the additional fifty percent (50%) of the tuition. The City will not reimburse the , Employee f,or �€ees� which• are, c�,arged ' for� i�struction, -. �. . . � . . . � associated: ad�nini��rat•ive"=�xp�nse; `:bdaks�, �.s�ud�nt.:�membership,.� . . � � � �� studen�� Yhealth:� :c.ove��ge and :other', charge� �.�for•` which' �tt�e. .' �- � • . . . . �. � � . �.� studer�t receives � some i�em-.or � service. . � � � � �� . � � 23 . 3 The City will not . re�iml3urse. the Employee .for� �exp�nses � � � � �, . reimbt�rsed' unt�e�r. some .ot�er. education. syst�ein: or p�ogram, e. g. � . . � . G.I. Bi11. . ARTICLE XXIV. �FUNERAL PAY In case of death occurring in the immediate family of an Employee, such an Employee may be excused from work for up to three (3) days with additional time off granted by the City Manager if additional time is needed. This time off shall not subject the Employee to loss of pay. For this purpose, members of the immediate family of the Employee are considered to be the following: spouse, child (Natural or adopted), parent, grandparent, brother, sister, mother-in-law or father-in-law. ARTICLE XXV. JURY PAY AND WITNESS FEES An Employee who has been duly summoned for jury duty in any court, or who has been duly summoned as a witness in any proceeding, shall be excused from work in accordance therewith. Such employee shall be entitled to receive as pay a sum of money equal to the difference between what the Employee received as compensation for such jury duty or witness fees, and the Employee's regular pay. ARTICLE XXVI. MILITARY LEAVE Any Employee absent from work in accordance with the order of a duly established military authority shall receive pay and compensation during such absence as is provided by State Law. 14 ,• . ARTICLE XXVII. INCENTIVE PAY (LONGEVITY) Incentive Pay will be paid over and above the base rate of pay for employees permanently hired prior to March 31, 1973 according to the following schedule: After 5 years of Service: After 10 years of Service: After .1.5 yea,r.s of Service: 2-1/2% of base salary rounded to the nearest dollar amount 5% of base salary rounded to the nearest do�,.lar amount. 7�1/2% of �base salar.y �round�d . to the nearest dollar amount. The City of Fridley has agreed to pay incentive pay to Employees hired prior to March _3i,. 197.3, in recognition of their prior service and contributi.on to. the. C�ty of Fridle�r.. NeitY�er�.the C.ity .. ." nor.�th.e��..UNTON '�rilk� •at�tEmp�.'to. t;ake: away� iori��ri,ty or 'iricentive.. Qay = -• . : fo�. ..`thi�'se � �� person� hi•r�ct �pr�o"r ..: tc�:'� .Marck�; _ � 3 3:; ."' 1973 , iri � €u�ur� : ' � : , � � . � co.r�tr.�c.ts.. � The amouht ��of : in��nt.ive. pay � for el ig�ible• �Employees � wi��i.. :._ : be � �n.egotiated ior. . �he � atf�ct�ed �Emplo.yees . � - � . � �. . � ARTICLE ��XVIfI; HO.L�.QAYS., .. � � � , .. � � ' ' ` The EMPLQYER will provide eleven (ll�j paid holidays. In addition, employees shall be paid at one and one-half (1-1/2) times their base rate of pay for all hours worked on eleven (11) City designated holidays. ARTICLE XXIX. UNIFORMS The City of Fridley will furnish uniforms to Employees of the bargaining unit free of charge to the Employee. The City reserves the right to select the type of uniform to be furnished. The City will agree to furnish rain equipment and special safety equipment for all Employees. ARTICLE XXX. REPRESENTATIVE ON AREA WIDE NEGOTIATIONS If the UNION chooses to use one of the personnel from the Fridley work force as a representative on the area wide bargaining unit for more than one year in three, Local No. 49 will pay the salary of such Employee for the second year for the time spent on area wide negotiations. The purpose is to spread the cost of such negotiation among the several communities involved in joint neqotiations_ 15 : ARTICLE XXXI. INSURANCE The City will provide group term life insurance with a maximum of $25,000 per Employee and additional accidental death and disability insurance with a maximum of $25,000 per Employee. Provided that the total City cost for all insurance premiums does not exceed the amount set forth in ARTICLE XIX. ARTICLE XXXII. WAIVER 32.l.Any and all prior agreements, resolutions, practices, policies, rules and regulations regazding terms and conditions of employment,.to the extent inconsistent this the.provisions of this AGREEMENT, are hereby superseded. 32..2 The parties mutually acknowledge that during the negotiations which resulted in this AGREEMENT, each had the unlimited right and opportunity to make demands and proposals with��espec.t to . any terYii��,.or� coflditio.n� �.of .. em��oyment. not ;'re,�i�sved ;�by. law f•ro7n .�. : �bargaining. A11 agreements �a•nd.. understandings �-arrived � �at � by . t�e',parties`are' set forth .iri wr.iting in� this AGREEI�IENT for�the: stipulated duration of the AGREEMENT. The EMPLOXER and the UNION each volun�arily and unqualif'iecll.y waives the right�to. mee� .a.nd�. riegotiate: regarding. any. and..al.l terms and .candi.tiQns of employme�nt .referred to or covered. in this .AGREEME,NT or with respect to ar�y term or condition of� employment not specifically referred to or covered by this AGREEMENT, even though such terms or conditions may not have been within the knowledge or contemplation of either or both of the parties at the time this contract was negotiated or executed. ARTICLE XXXIII. DURATION The AGREEMENT shall be effective as of January 1, 1994 and shall remain in full force and effect until the 31st day of December, 1994. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMEI�T on this day of , 1993. FOR THE INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO. 49, AFL-CIO `�% ; tii � �- �%��:s� %�".v°��" Fred Dereschuk, Business Manager / �-�' � . �"'rl /-'.; �. � = �."'�--�V`'�-� �t-�is-u� Jotf-r1 Pendzimas, I�esident 16 i � � � � �I �i�GfT i Cn�i Jo . Schouveller, Recording Secretary ��f-'� ; � //i; � �`✓�—�ti � � �G'�._� Tim Connors, Business Representative , `� ,- 'B�v ' , ` L qu ' �, Steward FOR �'HE CITY .OF �RIDLEY � � . William J. Nee, Mayor , . William� W�.� .�.Burn•s, � City .Manage� . � � ' . • �. • � .! . � ' � . .. . . . . . . . .. . . . . . . . . . . . . . . � � � � � � � .. . . .." I hereby, rec�m�end .apprQval� of this.��ag.reement. . . , . . _ . �� . . . . . � � . . . . .. . . . . : _ . . . . . . . _ .: _ . : . . � . . .. . . . . . . , . . . .. . . �. .. � : .. . William C. Hunt -�Assistant to the City Manager � John G. Flora, Director of Public WorksjCity Engineer 17 : PSW-A.1 PSW-A.2 PSW-B.l APPENDIX A WAGES 1994 Public Services Worker (PSW) Entry After one (1) year of satisfactory performance in PSW-A classification After two (2) year of satisfactory.performance i�rt PSW-A classifieation � � �arid acti�ievement of .minimum : �. qualifications Hourly Rate $lo.ss $11.69 $12.51 PSW-B.2 After one (1) year of $13.34 - . satisfactory performance � - . � in� PSW-B .c.lass.ificatio.r� � • . . , � _ , PSW C . •��te.r �two (2.)=: �ears �of•. �, �� • . , • .. . .. �'$14.16" . . • . . . .. . . .. . . sa . ti-sf c . a tor . e� . f�o ri . ce . Y P r � a . . . � . � . in P�W-B• c�assificat�io.n . • • � . • . . � � . . �. . .and, acliievemefit af minimum � • . ° � .. �quali.f�.�ca�ioras .� ... ' . . . � � PSW-C � . �' ' .. . . .� �� 14.66 ' : (Maintenance II in 1989) �� - PSW-D After five (5) years of satisfactory performance and achievement of minimum qualifications PSW-D (Maintenance III in 1989) $14.97 $15.26 Advancement to the next step will occur at the next regular pay period following satisfactory completion of the time of service requirement and achievement of minimum qualifications, if pertinent. Mechanic Level Hourly Rate A $ 14 . 16 B $ 15.26 Seasonal/Temporary Employees Employees employed by the employer on a seasonal/temporary basis for no more than 125 working days per caiendar year either in a full-time (more than 14 hours per week) or part-time capacity will be compensated as determined by the empioyer for the term of this employment. Such employees will not be eligible for any benefits under the Agreement except those which may be required by law. : APPENDIX B PUBLIC WORRS MAINTENANCE MINIMUM REQUIREMENTS Public Services Worker Level A Minimum Requirements High School Diploma, GED or equivalent. Valid. Nlinne�sota. :Class. B Driv�r's �Licens�.:. . : . _ � � .. . . .� Successful completion�of City's physical� exaniination including drug testing, if required. � . Ability to read, understand, and follow written and oral instructions,.including safety rules, . :: � : • . Abi�l.ity�.to. �meet ,the .ph.ys.��al deuiands . Qf• .the_ �job 'inclus�ing but �•not � � . . �� .limited� tQ.�:l�iftiri.g,. riend%ng, �cl.imbing;. r�achi�ig ;ov�erh�ad, .pushirrq � anrl pul3ing... . . . . . . . - . ' � .� .. ... . Ability �.to: perfnrm� job� xesporisibi,lities., in. c�imat.iG extremes. . Ability to per�form routine repair anti maintenance tasks in one or more of the following sections: Streets, Parks, Sewer, Water, �� Vehicle Maintenance. Ability to work cooperatively as a member of a crew or team. : 19 . ... �� . . � Public Services Worker Level B Minimum Requirements Meets or exceeds all the minimum requirements of Public Services Worker Level A Completion of two (2) years of experience at Level A Minnesota Class B driver's license or appropriate Commercial Driver's License Succ�ssfuT completion of a1l.applicable City safety and hazardous materials��training . � � � � � Safe work practices and.safe driving record Adherence to City's poZicies in regard to tardiness and sick leave �: Adher-�nce. �o aIl , ot"her .pol.icies � an�i pzocedu��es � �for .C:ity. �emploxees . _ - � �:.. Abili.ty. to_ deal ef.f�c�,ively and, tact�ully wi-�ti .the pukilic .. .. �. Good kr�owledge of loca�ZOn o� streets: and pukilic .fa�ilit�ies . : �. � Working knotaledge �of� fundamental job duties . � . . �. , � � CERTIFICATION: For Streets Workers: Ability to use non-motorized and small engine types of equipment in area of job responsibilities For Parks Workers: Minnesota Non-Commercial Pesticide/Herbicide Applicator License/Certificate For Sewer Workers: For Water Workers: Certificate Class S-D Waste Water operator's Certificate Class D Water Supply System Operator's For Mechanic's Helper: Demonstrated ability in the repair of small engines and routine vehicle maintenance 20 : Public Services Worker Level C Minimum Requirements Meets or exceeds all the minimum requirements of Public Services Worker Level B Completion of two (2) years of experience at Level B Ability to work with minimum amount of on-site supervision h Good knowledge of all.operations, p�eventive� ma�ntenance.�and, L routine repair: o�f' equipment operat�d in area. bf` job r�sponsibility � . Enrollment in a Public Works Certificate Program or other program related to public works maintenance offered by a technical college� or community college with successful completion of one quarter of course work (at least 16 quarter credits) : : . -.Good � .kr�ow5�edge.-::o�f � methods: and mate��als : �used,.. .ii� :a�rea. o€�Y� :j:pb: � • . � resp.onsib.il.ity . � . . .' . .: � . • - . , . . . . . • . ..... . . . . � . � . . � � CERTYFICI�,TION: , '. . �. . ' , .. . . . : , . . .. . 1', � .. . . . . . . . . . . . . . �. . F � , , . . . - . . . . � o r S. e e s W e . tr t o.rk rs : ��om . le 'ion oF course w r . . . p t o k_.� a t: l e a s t t h r e e� 3 . . ° i . . � ).. � . . .quarter°�creditsj , ��iri-servic�e training, or certification in one (1) . : or znore areas .including but not limited to. the fo�llowing areas:� bituiriinous technol.ogy and repair, light equipment operation, tree trimming, traffic control, asphalt testing, sign making, pavement marking, snow removal For Parks Workers: In addition to Minnesota Non-Commercial Pesticide/Herbicide Applicator License/Certificate, successful completion of a course at a technical college (at least 3 quarter creditsj or other certification designated by the City after consultation with Local 49 in one (1) or more areas including but not limited to the following: landscaping, irrigation, entomology, forestry, turf maintenance, building maintenance and construction, concrete finishing, and surveying For Sewer Workers: Class S-C Waste Water Operator's Certificate For Water Workers: Class C Water Supply System Operator's Certificate 21 i�.• � �� Public Services Worker Level D Minimum Requirements Meets or exceeds all the minimum requirements of Public Services Worker Level C � Compietion oi one (1) year of experience at Level C Completion of a Public Works Certificate Program or other program related to public works maintenance offered by a technical college or community college with.successful completion of thr.ee (3) quar.�er� � o.f ..course� .work (at least� 48 quarter credits) �; _`proyid�ed tha�'t, �dux-ing.'� 199O�.�o�nly, ,�th:is.:re'qu��ement ;%s�� waiv�d €or. empl.oyees- � in �the Maintenance II classification on December 31, 1989, upon ' achievement of ten.years of seryice in.�the Public Works Maintenance Division of the City For sewer. workers. a Class S-B Waste Water..Oper�tor's. �ertifi.ca�e . znay.:be.,su�sti,tuted �pr. the. educatiori requireinent. � � . . � . . . . :. For:=...wat°e�� work�,rs . �.a" �Cl.ass :�B, . Wa.ter �:Supply . System �Operator! s � � �Ce�tifieate'� �may � be substituted -•for• the educatit5n .requirement.:: • . Ability..�to wo�k without:�direct. an-s�.�e �st�pervision and to.�make. on� .�. site �decisions � related �to :'task. ��assigriment� � � . � Broad knowledge of operational aspects of public works maintenance department/division CERTIFICATION: For Streets Workers: Successful completion of a certified heavy equipment training program or equivalent training and experience, and completion of course work (at least three (3) quarter credits), in-service training, or certification in two (2) or more areas including but not limited to the following areas: bituminous technology and repair, tree trimming, traffic control, asphalt testing, sign making, pavement marking, snow removal, and basic carpentry. For Parks Workers: In addition to Minnesota Non-Commercial Pesticide/Herbicide Applicator License/Certificate, successful completion of a course at a technical college (at least 3 quarter credits) or other certification designated by the City after consultation with Local 49 in three (3) or more areas including but not limited to the following: landscaping, irrigation, entomology, forestry, turf maintenance, building maintenance and construction, concrete finishinq, and surveying 22 : APPENDIX C PUBLIC WORRS MAINTENANCE MINIMUM REQUIREMENTS Mechanic Level A H,igh school diploma, GED,,or equivalent. � Valicl Minriesota Class B Driver's License or appropriate Commercial Driver's License. Successful completion of City's physical examination in�luding drug testing, if�required. . '. : Ability - to -read, .� understand; '� �:and � �� fol�low- .' wr�it'�en � ar�d � �br�T� � - . instructions, includi.ng safety rules�. � � � r� . Ability to meet the physical demands of the job including but not limited to lifting, bending, climbing, reaching overhead, pushing, and pulling. Course work or experience in diesel mechanics. Experience in electric and gas welding. Two (2) years of applicable experience in auto and/or diesel maintenance and repair with a variety of light and heavy equipment. One (1) year of technical college course work (51 quarter credits) in auto or diesel mechanics or certification as a Master Automotive Technician by the I�ational Institute for Automotive Service Excellence. One additional year of applicable experience can be substituted for up to seventeen (17) quarter credits. Level B Meets or exceeds all the minimum requirements of Level A. Three (3) years of applicable experience in auto and/or diesel maintenance and repair with a variety of light and heavy equipment or one (1) year experience as Mechanic, Level A, with the City of Fridley. One (1) year of technical college course work (51 quarter credits) in auto or diesel mechanics or certification as a Master Automotive Technician by the National Institute for Automotive Service Excellence. 23 � i � CITY OF FRIDLEY MEMORANDOM . TO: WILLIAM W. BURNS, CITY MANAGER 1��d FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR WILLIAM A. CHAMPA, CITY CLERK SUBJECT: AMENDMENT TO LIQUOR DISPENSlNG ORDlNANCE . DATE:. OCTOBER. �3, 1:993� . , . .. _ . . . . ,. . . � � • . �To be.tte� defne tf�e public purpose� fr5r �bartend�e�s and �waitpersons in �ridley; we.�are . � ��, � . �. �° proposing an�amendment to City'�Code Chapter 603,.Section 2Q; "Disper�sing.License". �� . : For clarity .and ease of enforcement, we suggest :that �the: �license .be .restricted _to � ��: :rnanagers and that other errjployees�be eliminated from this. r�quirement. ..F.,urth�ermare,:� ... . �� we propose changing �he titis of this. section from "Dispensing L.icense" #o "Managerial _� . License". � � . We ask that you consider the attached amendment to the Liquor Dispensing License. 0 ORDINANCE N0. AN ORDINANCE AMENDING CHAPTER 603. "INTO%ICATING LIQUOR", BY AMENDING SECTION 603.20 THE CITY COUNCIL OF THE CITY OF FRTDLEY DOES ORDAIN AS FOLLOWS: 603.20. £a�fsg�#& MANAGERIAL LICENSE : 1. No person, shall work as a manager, �e-��e-��e��e°��-�=�ss, e-�e�L � _ � a premises licensed under this Chapter, and no licensee shall permit any such person to be so employed, unless such person, within seven (7) days after irst being €}.-�s-� so employed, shall apply for a license to engage in such business. No persons may be so employed for any length of time if their license is denied or revoked. . ... � , . ' �PASSEA AND ADOPTED : BY� .THE COIJNCIL OF THE. CITY �=OF FRIDLEY TH�'S ' -D�Y' OF. ��: .� � � - , 1993:. . . . ATTEST: WILLIAM A. CHAMPA - CITY CLERK First Reading: Second Reading: Publication: � � � WILLIAM J . NEE - Mt�Y�OK . CITY OF FRIDLEY M E M O R A N D II M TO: WILLIAM W. BURNS, CITY MANAGER �.��' FROM:.�� RICHARD D. PRIBYL, FINANCE DIRECTOR . WILLIAM A. CHAMPA, CITY'CLERR SUBJECT: MINNESOTA LAWFUL GAMBLING PREMI$E PERMIT � RENEWAL APPLICATION FOR FRIDLEY AMERICAN LEGION POST 303 � DATE: OCTOBER 24, 1993 . . :_ � :. . . , . .; . � ' ..�.� �• ��.� ' � ��. � � � . . . . .. , . . , . A�ttach `s� � 'c. ion.�fo ,.�a� � ' ed i �a• resolution a�'' ov' n�. ��t. `e en1 w�l:. a, .l�i a r. i 'h z e � � . . . . PP . . . . PP g . � ' � Minnesota T�awful- Gambling Premise _.Permit �for Fridley AmeriCan � � . � � � : � Legion Post 3.03 located: �at ��7365 Central. Avenue �Northeast. � � � : � � . The Minriesota� Gambling Control Board requires the� ac�option of a resolution approving or denying this p�remise permit renewal � application. These applications expire every two years. �0 RESOLUTION N0. - 1993 RESOLUTION IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT TO FRIDLEY AMERICAN LEGION POST 303 WHEREAS, the City of Fridley has been served with a copy of a Renewal. � Application for a Minnesota Lawful.Gambling Premise Permit for�Fridley American � . : Legiori •post 303.• and. . : . • . . : . . . �• : .. �. . .. ' � . . ' . � '. • . ... .. • WHEREAS; the location o£ the•Premise Permit is•for Fridley American Legion Post � 303, 7365 Central Avenue Northeast; and � WHEREAS, the City of Fridley has not found any reason to restrict the location for the charitatZle.gambling operation.. . � �� . • N()G1; .THEREFORE,. •B�� .IT' �RESOI,VED; .tha� �.the .Gi,ty. :Coune�.l:.at. `ttie��Ci�t3►:� of,.Fz.idley , � . . ''j � appro�es�:the Minaesota�.Lawful-Gambling Prem�.se�Permit`.�o k'ridley'P,mexican Legio.n. �� `_� . � Pos� 3:03'.. . . . _ . . . . .. . . .. RAS.SED AND �ADOPTED �� THE•:�GITY,COU�IGIL. QF THE, CITY- 0�� FR�DL•E�. �IIS •. . DAY -0F :,. . . ._. � .1993. . . . .. �. . . � . ... � . - �. ATTEST: WILLIAM A. CHAMPA - CITY CLERK 10A WILLIAM J. NEE - MAYOR CITY OF FRIDLEY M E M O R A N D U M f?ti ,� :�i TO: WILLIAM W. BURNS, CITY MANAGER FROM: SUBJECT: DATE: RICHARD D. PRIBYL, FINANCE DIRECTOR WILLIAM A.. CH�'IPA, ACTING GITY � CLERR . FRIDLEY VFW POST 363 PREMISES PERMIT RENEAAL APPLICATION OCTOBER 13, 1993 ' AttacHed � �i�s' ��a �re�soiuti_on . app�ovirig F�Yid�ley�� VFW� � Pbst 363 '�reiaises .. ' . Permit�Reriewal�Application for gamb.ling at 104.0 Osborne Road.� � Minnescita State. Statutes requires . the � adoptinn of a res�olution � :-appzovin� o.r denying any type�of gax�bling.permit.�� 11 RESOLUTION N0. - 1993 RESOLUTION IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT TO FRIDLEY VFW POST 363 WHEREAS, the City of Fridley has been served with a copy of a Renewal Application for a Minnesota Lawful Gambling Premise Permit for Fridley VFW Post 363; and . . � WHEREAS,�the location oi the Premise Rexmit is for Frid�ey �FW Post.363, 1040 Osborne Road; and WHEREAS, .the City of Fridley has not found any reason to restrict the location for the charitable gambling operation. , : 130W, �'.TH�R�FORE�, . $B. IT RESOLV�D, �,�ha� :.tHe. Cit�i �Gotulcil � �of � :the •:C�ty of , •Fridle.y �� . .•� .� ap{�:rove� .tl�e Minnesota Lawful•:Gambling P'remise:Pezmit. to':Fridley Q�W Post 363.: � • ... PASSED AND• �,DOPTED BY THE C�ITY COUNCIL OF• THE � GITY OF� FRIDLEY THIS' .' ' DA3C. OF : •. � . . _ � ,. I�993.. . . . : : . . . ... . . : � ATTEST: WILLIAM A. CHAMPA - CITY CLERK 11A WILLIAM J. NEE - MAYOR CITY OF FRIDLEY M E M O R A N D U M r.;, TO: WILLIAM W. BIIRNS, CITY MANAGER,�,�� FROM:� RICHARD D. PRIBYL, FINANCE DIRECTOR.. .�� . .� WILLIAM. A. CHAMPA. AC�ING� CITY, �CLERR . . . . ' . . SIIBJECT: FRIDLEY LIONS CLOB PREMISES PERMIT RENEWAL APPLICATION DATE: OCTOBER 13, 1993 � .�±` ,� �� . ' � ..�� Attac�ed � is ��a resol.utibn approving ' Fridleg -. Li�ns- C�ub��` �premises . �� .� � � .. Permit Rene�al Appl�icatiori for gambling at.�Magle.Lanes.. � �. �. � � � � ,. .. . . . . . . . . . . .. . . � Minnesota State Statutes requires the�ad�ptiari df a resqlutiom �� . . :approvir��g ox d�M�ing anY� tYPe, pf gambling �permit. � � . - . . . .� . . . . �2 RESOLUTION N0. - 1993 RESOLUTION IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT TO LIONS FRIDLEY CLUB WHEREAS, the City of Fridley has besn served with a copy of a Renewal Application for a Minnes�ota Lawful Gambling Premise Permit for Lions Fridley .., Club; and . � . . . �..� -;WI�EREAS, �the �b�atiori �of �t�e Premi.s'e �PE'riait is. f•or.Maple Lanes, 63.10 �Highway �65: .' • ' ' � � Northeast; and � � ' WHEREAS, the City of Fridley has not found any reason to restrict the location for the charitable gambling operation. . � •NO�J; ��HEREFORE Y, BE� .IT. RESOi,�ED�, .t�liat `�he' �Cit.y. :Goun�il. ��of` the. Cit}� of �F�idle.y :. .. .. �'s�p�roves. the:� M'innesota• Law€i�l� Gambli�►g':��emise �'e�mit to. i.icrns� FxidLey, C��ub:. '� FASSED_ �AiVD': ADOPT�D BY �HE GITY COUNCIL bF ,THE � CITY OF .FRIDLEY THI'S ' DAY OF — . .. . 1993. . ..�. . , ' . .. . . ,. . . ATTEST: WILLIAM A. CHAMPA - CITY CLERK 12A WILLIAM J. NEE - MAYOR . I CITY OF FRIDLEY M E M O R A N D II M TO: WILLIAM W. BIIRNS, CITY MANAGER h�';� n; FROM: RICHARD D..PRIBYL, FINANC�.�DIRECTOR ' � � . � � . WILLTAM A.. CHAMPA, AC7.`ING CITY �CLBR$ � . . . . . '. SUBJECT: FRIDLEY LIONS CLUB PREMISES PERMIT RENEWAL APPLICATION DATEs OCTOBER 13, 1993 � . , � . .� �At��ched � i��..�a: "res�olut�ion � aPP�pvirig� .Frid�•ey �iorrs� . �l�ib � Premi�es .�:.� ' � . � " .. : � `Perinit :�Renewal Applica�io�n. for gambling at �T..;R. - McCoys� . � .. � • . „ Minnesota State Statut�es requ�res .the � adopt�on. �of .a resolution: � �� . . . . .approving. or denying any.. ; �ipe .of .gamb�'�.ng ..permi�t. �:. ... . . �. . . . . . . . . � I�� . . . . . . 13 RESOLUTION N0. - 1993 RESOLUTION IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT TO LIONS FRIDLEY CLUB WHEREAS, the City of Fridley has been served with a copy of a Renewal Application for a Minnesota Lawful Gambling Premise Permit for Lions Fridley Club; and . .� " WHE�2EAS, .t3ie location'� o� the Premise�:Pe�mit is �.for T,R. McCoys, �7820 Universi�ty �� '• Avenue Northeast; and � WHEREAS, the City of Fridley has not found any reason to restrict the location for the charitable gambling operation. _ • .� . NOW, THEKE�'QRE, .BE � �T, RESOLVED, .��iat �'the ,City Eouncil .of ��the C�.ty of � F•r�idley��.:�: ..� � . ; . ' �. approves the Minnesota �Lawful .Gamb.Ling �.Pre�is�: Perm�it�� to Li-ons Rridley� Cl,ub ` �� PA5SED AND AI?OPTED BY .THE CITY COtiNCIL OF THE CITY OF FRZDLEY THI_S DAY.OF •.. � � .1993. . . . . • . . . , . . ATTEST: WILLIAM A. CHAMPA - CITY CLERK 13A WILLIAM J. NEE - MAYOR I_:. . . � _ � � DATE: .' Tp: . � . .. FROM: Communit� Development Department PLANNING DIVISION City of Fridley �.October 13, 1993 . .: :. . �William �Burns, Cit� • Manaqer. � � •. � � ..- � . . � Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant SUBJECT: Extension of Special Use Permit, SP #92-01, and . �. : • �. , Variance, VAi� #.9�=.02.;��by Walter Kius;�•7883:East., . � � � . . � - � � River. ' Road �1. E . , � � . �. . � .. . , � . .. .. _ . � .. .. . . _ . . � . . .. �'. �The�petit:ioner has requested�that the CYty:Counci� extend the.two � •� la�d use: rec�u[est�s, �� SP .#92=01� and VAR� #92=02, for a p�eriod of �six �� months �beginnirig~ O�tober� .31.; 19.93. � Tha� �� is� the date tYie � Ci�y �� Council' previously set for the expiration of� the land use .requests. The petitioner has indicated in his letter that he will be applying for a building permit to install the gasoline pumps as requested in the land use requests, however, that construction may not begin prior to October 31, 1993. Staff recommends that the City Council extend the special use permit and variance requests until April 30, 1994. MM/dn M-93-601 . .. 14 � � � I - .. � W. W. HIus Realty, Inc. � Retail Real Estate Specialists Suite 112 • 5100 Eden Avenue • Minneapolis. MN 55436 •(612) 922-2560 • FAX (612) 922-2927 October 4, 1993 Ms. Michele McPherson, Planning Assistant City Of Fridley 6431 Unive�rsity A�enue, N�.E. � Fr�dley, MN 55432 : . . . R�: Request for Extensi.on . . ...f Special Use Permit ## 5P #92-OZ ' Variance�#92-Q2 � • Dear� Michele � : � . . . . . . . . . . . : :� ��Per your .1�etter of��:April�� 26,� i�993 � I:� am� req�est�ing `an. extensian�, of the Special Use� � Permi,t �#�92=01 and � tli�e Variance #9��Q2 for. a.. : � �. � maximum� of ��six (�6�) �month� from the exPirat:i.nn date� of Octaber �1, � 1993. .. : _ , .. . .. .. � I anticipate we may weil have��alread.y received our-permits for � the work prior to October�31, 1993; however it could take more t�ime to work out some operational condit�ons, currently, existing, which I feel must be corrected prior to the installation of the gasoline. We are in a position to put in the gasoline, but I feel we need a top flight operation to assure success of the investment. Thank you for your assistance. Very truly yours, !� %� //� i ��`C'ZG'�^'� �' ��' Walter W. Klus Property Owner r� 111� � �,�',� Site Selection • Asset Management • Im �erty Brokerage • Property Management 14A . .� I � � I. .'':�. � _ � � Community Development Department PI.ANNING DIVISION City of Fridley DATE: October 14 1993 . .. . . . . � t. .. ` TO : `��• � � � � � � � � � � Will.'iam Burn�, . City Mariager,�j `'" � � • .. � . � . � � . . . . . . FROM: Barbara Dacy, Community Development Director Steven Barg, Planning Assistant SU&7ECT; Establish Public Hearing for Nuisance Abatement . � � � : � .. ordrnance. • . . .. � . . . : . . . . � - .. ..: • . . . ' �. . ' . : . �� . ' � .. • . , . _ . . . •r.. :. . ' .. .. . , . �.�. Attached is a�opy..of, the pr.oposed : nuisance �� abatement� or.dinance �. which would �provide an � admi�istra.tive .�rocess for.: � abatement o� � pub�ic.�uisances. �taff�re�ommends.that the City:CQUnc�l=�establish� .� � � � .: �[ .public hearirig fdr. November � `1�� 1993� �to '��urther ��consider �tYiis .� : � .. ordinance. . � . . . . ' SB/dn M-93-597 lJ : ...�I .. . I e .. . Ir � �. . s i � � . NO. AN ORDINANCE ESTABLISHING CHAPTER 128 ENTITLED ��ABATEMENT OF PUBLIC NIIISANCEB�� TO THE FRIDLEY CITY CODE The City Council of the City of Fridley does ordain as follo�s: CHAPTER 128 ABATEMENT OF PIIBLIC NIIISANCE� � . I28:.;0� � -�PIIRP08�3 :. : : �. . . . : .. : . : .. . . �_ � ... , . . .. The Council of the City of Fridley has determined that the health, safety, general welfare, good order�and convenience of the public is threatened by certain public nuisances on property within the City limits. It is declared to be the intention of the Council to abate . such nuis�nces, �and this Chapter. �s enacted. for..that ��purpose. 12 8 .-0'2 � ApBI�ICAT�ION' � . . . . � . . � . • . . This � Chapter shall�+ apply to �the : abat�ment of � public � nuisanc�s .: :: � involying.. j�tnk.; �eh�i��,�s : (as�� :deEined . in� �. Chapter� 12.3.j. .� anc� �.ou�side: �. . storage of materials�and equipmerit>i_ncluding, bu��not limited to,� disused machinery, household appliances and furnishings, tires, automotive parts, scrap metal, lumber, and all other`materials deemed to create a public nuisance as described in 128.01. 128.03 HEARING EXAMINER le Position Created. The position of Hearing Examiner is hereby createda The City Manager may, at his discretion and with the approval of the Council, contract with third parties for the furnishing of all services of �he Hearing Examiner as con�ained in this Chapter and set the xate of compensation therefore 2. Qualifications. The hearing examiner shall be an individual trained in law; however, gt shall not be required that �he hearing examiner be currently lgcensed to practice ]Law in the State of Minnesota.o 3. Dutiese The Hearing Examiner shall have the following duties: Aa Se� ciates and hear all contested cases following appeals og orders of the Code Enforcement Officer or other duly authorized agents. 15A . 1 .. _ : � �._..:: B. Take testimony from all interested parties. C. Make a complete record of all proceedings including findings of fact and conclusions of law. Do Affirm, repeal or modify the order of the Code Enforcement Officer or other duly authorized agents. 128.Q4 IN�PECTION AND INPESTIGATIOId � . �� ' . 1. Periodic Inspection. �. . , . . The Code-Enforcement Officer or other dt�ly authorized agents shall cause to be inspected all public and private properties within the City which might contain a public nuisance as defined in this Code . �. section� . as. often as pract�icab}.e . to, dete�nine� •:.whe�her any � such� .. . . ' conditi�n�, e�i��: �••��The . �Code�.' �;n€orcemen�. `Offi�er ��or. a�he� duly•�� . •.� • , - . = ��au�hnrized agerits�.�_shall ��ailso.�:investigate� all',repb.�ts..':of �public . ��.. �. � : . � : nuisances located.•.withYn the Cit�r. � : � . � . • . . . : � : . .� 2. Rig�t of Entry. � : . . .. : � � . � . � . " �The Cod� .Enforceinent �Offic�r� or otk�er duly authorized �agents may � enter upon all public�and private properties for the purposes of . conducting inspections for public nuisances. If the property owner and/or occupant of any property refuses said inspec�or(s) right of entry for inspection, the City may seek an administrative search warran� or other order of the District Court for said purpose of entry and inspection. 128005 �iB�TEMENT OF NIIYSANCEb Upon a determination by the Code Enforcement Officer or other duly authorized agent that a public nuisance exists on any public or private property within the City, said official shall order the public nuisance to be aba�ed in accordance with this Code section. 128s06 PROCEDURE FOR REMOVAL OF PUBLIC NIII3ANCE3 le Notzceo Whenever the Code Enforcement Officer or other duly authorized agent finds with reasonable certainty that a public nuisance exists on any public or private property in the Ci�y, said official shall notify the affected property owner by first class mail that the nuisance must be abated within a reasonable period of �ime, not less than twenty (20) days from the date of service of the noticee (Service by mail shall be deemed complete upon mailing.) The order shall set forth the following: 15B A. The specific nature of the violations and requirements for compliance. B. That the property the date of the Hearing Examiner be requested. owner may, within twenty (20) days of order, request a hearing before the and by what procedure such hearing may C. That failure to abate the nuisance or request a hearing within the applicable time period will result in�summary �� - � abat�ment procedtXres;�� nd that,-th��cos�' of abatem�nt �wili'•� � ' ` � be�assessed•against the subject property. �: �� . � 2. He�ring. � � � Any property 'owner who feels aggrieved by an 'order of the Code . �� Enf.orcement O�ficer� o� other� duly authorized. agent issued pursuan�:,._ -• . � - � to this� .chap�e� �niay requ�st a ��hear�ng..befor.e. 'the: Hear•'ing. E•xam�.ner; � �; .� : � .� �. Such ` request� sri�ll b� �, filed ��in ,writ'ing �.witii the .�offiCe- of�:, the � .-. � . : . . . . Community � Development . Director� within� twenty ;.( 2�:) : days aft�r �the �� . � � � date �of service of the nr�'tice by � the ��Code. -�nforceinerit Officer or �.� � � � � other duly � authorized ,agen�� The� �Co�nim�init�_ Development - Di'rector. •� - . . . .:. s�ali � notify.. 'the He.aring - Exainrner..�:w�ci • sha11 ziot�i�y. � the �_�p�ropert�r: ; . . . : �own�er. of the date,� time; and place of the heari.ng. �The hearing � shall be conducted no more than twenty (20) days after the Hearing� Examiner receives notice of the request, unless a later date is mutually agreed to by the Hearing Examiner, the property owner and the City. Both the property owner and the City may appear at the hearing with counsel and may call such witnesses and present such evidence as is determined by the Hearing Examiner to be relevant. Within ten (10) days after such hearing, the Hearing Examiner shall affirm, repeal or modify the order of the Code Enforcement Officer or other duly authorized agent. The Hearing Examiner's order shall be accompanied by written findings of fact. Any person aggrieved by the decision of the Hearing Examiner may appeal that decision to the City Council by filing notice of such appeal with the Community Development Director within ten (20) days of receiving notice of the Hearing Examiner's decision. At its next available regular meeting following the filing of a notice of appeal, the Council shall review the decision and findings of fact of the Hearing Examiner and shall affirm, repeal or modify that decision. 3. Disposition of Property. The City maintains the right to dispose of all property deemed to have value that it removes from public and private properties through abatement procedures as outlined in this Chapter. Disposal shall occur thirty (30) days after the property is secured, unless the property owner obtains a court order to the contrary and/or pays all costs associated with the removal and storage of said property within said thirty (30) day time period. The City maintains the right to immediately dispose of refuse and/or junk materials deemed to be without value. 15C 4. Assessment. The Code Enforcement Officer or other duly authorized agent shall keep a record of the costs of abatements done under this Chapter and shall provide regular reports to the Finance Director or other appropriate officer regarding all work performed for which assessments are to be made, stating and certifying the description of the land, lots or parcels involved and the amount assessable to each. The amounts to be assessed shall include up an additional twenty-five percent (25�) to cover any administrative costs �� associated� :w1th the : abatements .: On. or b.efor.e . September :l o�� each . year, the City Clerk,shal]�.list the total unpaid charges f.or.each abatement against each separate lot or parcel to which they are attributable under this Chapter. The Council may then spread the charges or any portion thereof against the property involved as a special assessment under other pertinent statutes, for .certification to the:County Audi,�toz.and.collection the following: • �:year '�long �with current � taxes : .. Su�h . assessme� . shall. -be� paya�iile , � � �. - in - no "znore than : ten ( lU ) �.. equal � annnal installments, � :.pursuant'. �to. • � Minnesota Statutes, Sec�ion.429�.OT, Subdivision�2,�� . .07 EFFECTIVS.DATE� '. .i _ . . The effective date of this Chapter sha11 be January 1, 2994. .08 SEDERABILITY Every section, provision or part of this Chapter is declared separable from every other section, provision or part to the extent that if any section, provision or part of this Chapter shall be held to be invalid, such holding shall not invalidate any other section, provision or part thereof. .09 NON-ESCLIISIVENESS Nothing in this Code section shall be deemed a waiver or limitation of any statutory right and/or power of the City as to hazardous buildings, properties or materials, nor shall this Code section be deemed to otherwise limit the right and/or power of the City to conduct other administrative and/or regulatory searches and inspections including, but not limited to, health inspections, fire scene and arson inspections and regulated business and industries inspections, nor shall this Code section be deemed to be an exclusive remedy of the City regarding the abatement of public nuisances. 15D Passed and adopted by the City Council of the City of Fridley this , 1993. Attested: � William A. Champa - City Clerk . Public Heari�g.:.. . � . ��. . � ��, �Fi�st .•�eari.ng: � � � 3econd: Reading: .�. '� �.Publiaationi . .. . � � . William J. Nee - Mayor 4.. • : G � 15E r � � I DATE: . ; "TO. FROM: Community Development Department PLANNING DIVISION City of Fridley October 14, 1993 �' .. .. ..:.:. :. .... . >.....: � '' � . ... �.. : /,� . _ .. . � � . W�lliam � Burns.,. City Manager �m' � � � . � Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant .SUBJECT: � Hold . Harmless Agreement for Steinwall,. � � . - �. . �.. � . . ' . �.�Incorporatedr��.7875 _RancY�ers �Road��N..�. `� . .. � � : We, have� received �a request fresm�Steinwal�l,. �Inc: ;�to:•cons�ruct� a 10'. � .�x 10'� gazebo :in. t2ie :eas�terl.y side yard��of 7875:R�richers. Road.N.E. •� : The �company� .has instituted. .a•:�smoke-.free polic�� arid. �will .use �the- � gazebo to �provide�' an�.ext�erioz .��aoki:ng.� room fo�� those��eniployees wh.o�. smoke. The proposed gazebo�meets all of tiie setback�requirame�nts; however, a 15 foot drainage and utility easement is located in the� side yard where the gazebo is proposed to be located. Staff contacted all of the utility companies, and they do not have any concerns regarding the location of the proposed gazebo. Staff has drafted a hold harmless agreement releasing the City from any liability should the easement need to -be accessed by any of the utility companies or the City. Staff recommends that the City Council harmless agreement with Steinwall, Inc., a 10' x 10' gazebo in the easement. MM/dn M-93-602 � �b approve the attached hold to allow construction of .i �k�� . NAK ;; y I- I S Car1 Steinwall � � � _ � � 0 z � , � N � � �CJ�D O �� : .. a U. _ . .. � w � _ � �� . , . O� N . . � � , N � ' . . . . . . . � � � � � . . . � . � . . .. . LI7 CJ7 ' ` . ' . � ' : � W . . - : . - - � . . , . . ', � ' . .. . . V �� . .� , ' . �_ . . . . . - �w a�.. . . . . . '.¢•n- . . • � . .. . •o o '' � � , . . • . . . :. , , ', ' � a � , .. . ,' : , , ' . . . . . t,yJ - - � - � p Cy . . . . • • . . ' . . .. - _ H'�"• .- . . '. • ,' .,.0.� , " . . , ' � . . F-��-Zr � . , . � 1�f7 � � ' . O U C.n F— U' U ~' S� N ' . . � - � J J Z � �1 � �Y � Y d Q C T --�-� . ¢ � � � O � W O'] �--+ N p�-� Z O U'� �� f..0 . d W I W Y- � 0 � � � � � -� 0 � � � w _ U Z Q � a A A IVH � � � � � N SITE PLAN � �� I STATE OF MINNESOTA COUNTY OF ANOKA AGREEMENT THIS AGREEMENT, dated_this day of , 1993, by and between the City of Fridley, a municipal corporation (hereinafter referred to as "the City��), and Steinwall, Inc., a corporation under the laws of Minnesota (hereinafter referred to as "Steinwall"). WHEREAS, Steinwall is the owner of Lot 8, Block 2, East Ranch Estates 2nd Addition, Anoka County, Minnesota (hereinafter referred to as the "subject property"); and � WHEREAS,. the subject pr.operty was pl.atted with a 15.foot drainage and utility easement along the east property line; and WHEREAS, Steinwall wishes to build a 10' x 10' gazebo in the east side yard of the subject parcel. � � .THEREFO.RE, �it is�:,at�xeed: by and. betwee�� tl�e� ��parties as follows: �.: �� 1�. The City �herel�y..agrees- to pertn'it eertain imp�ovements with�3n- th�e drairiage arid utilit.y easement. �� . � � 2.. Steinwall ��ckns�wledges. .that ��t�ie C'itg may �.fXOm �tYme..to time � need to utilize the easement. Steinwall�agrees to.hold the` City harmless for any damages which may occur to the improvements, due to the City's exercise of its rights within the easement area. Steinwall further acknowledges that if the City needs to remove the improvements to obtain access for the purpose of exercising its easement rights, he will be responsible for the cost involved in removing the improvements. Additionally, any reconstruction of the improvements, including any costs, shall be the sole responsibility of Steinwall. 3. Any additional costs incurred by the City in utilizing its easement, which are caused by reason of the improvements, shall be reimbursed to the City upon thirty (30) days written notice to Steinwall at 7875 Ranchers Road N.E. or at such other address as he shall provide to the City in writing. 4. This agreement shall be binding upon both parties and upon their heirs, successors and assigns. IN WITNESS THEREOF, the parties to this Agreement have affixed their signature to this Agreement on the date first mentioned in this Agreement. • : CITY OF FRIDLEY By: Its Mayor By: Its City Manager STA3'E OF MINNESOTA) . . . � . � , .. �. . )�s's. � � � . : . . . � . . . . . .. � . .. . COUNTY � OF ANOiCA j � �. . . �' Th"e foregoing was acknowledged before me this � �•day of � , 1993, by William J. Nee, the Mayor, and by William .•� W. Burns, the City:Manager of the City of Fridley, a Municipal .��Corporation;under•the laws•of Minnesota, on behalf of�.the�Muhic�pal ,: . .' . . Cqrporatiori. . � . �' � , . • � � . . • . • . . . . . . ` �_ . � . . .. . �. � . : . .: ., : . . � � V � . � � � �.: : . � . ., . .. . . . � . • . . ._ . _ � . • . - . . .�� ... ,..,; . . � .. . STEINWALL, INC. Maureen Steinwall, President STATE OF MINNESOTA) )ss. COUNTY OF ANOKA ) On this day of , 1993, before me, a Notary Public, within and for said County, personally appeared Maureen Steinwall, President of Steinwall, Inc., to me known to be the person described in and who executed the foregoing instrument on behalf of said corporation. Drafted bye City of Fridley 6431 University Avenue N.E. Fridley, NIN 55432 16C � �� Community Development Department � PLANNING DIVISION City of Fridley DATE: 'TO:.. .. FROM: SUBJECT: October 13, 1993 � � �William Burns, City Manager :� : � Barbara D�cy, Community Development Director Scott Kohanek Acquisition; 6116 Central Avenue N.E. Negotiations. w�t�� Scott: Kohane}�, owner`.of�:6116. Central Av'enue N.E.., have. . � been Completed�. � _ _Subniitted . for City �Goi�ncil: a.ppro�al _ for� acquisition .cif � th is. . property. are : . , � � � � � . . - . . . : 1. ��i ��purchase agreement :betweeri the �City . of Fridley �• as, buyer. and Scott �� B: � Koh�anek :as seller, for a total� purcYiase price of $64,000.: •. �. 2. A lease�agreement between the City of Fridley and�the�current tenants. of the existing home, Edward C. Andrix III and Donna Marie Melich. The lease will start from the date of closing, tentatively scheduled for October 28, 1993, to June 1, 1994. The tenants will continue to pay rent and will be responsible for maintenance or repair of any of the fixtures within the home. 3. A contract for relocation consulting services. The Uniform Relocation Act requires the City to notify the tenants of their eligibility for relocation assistance. In order to meet with the tenants and complete the documents as required by law, it is necessary to retain a relocation consultant. We recommend that the City Council authorize staff to execute a contract with Kirk Schnitker of Professional Redevelopment Resources, Inc., to act on the City's behalf. Schnitker was retained for services for the Nelson condemnation. Recommendation Staff recommends that the City Council make pass motions, one for each of the following: l. Approval of the attached purchase agreement. 2. Approval of the attached lease agreement. 3. Approval of the attached contract with Professional Redevelopment Resources, Inc. for relocation consulting services not to exceed $845.00. BD/dn M-93-604 17 � ., MNNaWNS LpM Forms pt� 332b1N MINNESOTA STANDARD RESIDENTIAL PURCHASE AGREEMENT � Copyright 7988, by Hennepin Counry Bar Assosiation, Minneapotis, Minnesota. BEFORE YOD USE OR SIGN THIS CONTFACT, YOU SHOULD CONSULT WITH AN ATTORNEY TO OETERMtNE THAT TtitS CONTRACT AOEQUATEIY PROTECTS YOUR �EGAI RfGHTS. Hen�epin Counry Bar Association disclaims any liability arising out ot use of this form. � 1. PARTIES. This Purchase Agreement is made on , t9 93 , by and between 2(Name) Scott B. Kohanek and Cath Kohanek, husliand and wife ` o� 3(Address) 19�$ WdCO Street, Elk R1VeC� MN 55330 • (maritalstatus) . SELLER,AND a. (Name) City of Fridley_ esp�rn �e�m5 �sv�ke •�o�m re�a��s- n tena�cy mcomrtpn is imerMedl , OF �(nadress� �31 University Avenue NE,� Fridley, l�AI •55432 , BUYER. 6 2. OFFERIACCEPTANCE. Buyer �offers to purchase and Seller agrees to sell real property legally described as ; Lot No. 6, Auditor's Subd'i�ision No. 88, accordi to the ma or lat thereof on file e and of record in the office of the R ister.of Deeds in and for Anoka Coun , Minnesota 9 located at1Str� tnddress) 6116 Central Avenue NE ^ �o. cnyor_ E'rid�lev � � .Counryor. o :' . . , State of Minnesota �� 3: � ACCEQTANCE U£ADLINE. ThiS ofler to purchase, unless acce ted Soaner, shall be null and Joid at H:59 P.M. . t 2 fdate) ��tObeL' �ZS. ��993 � . P� , and in such event all earnest money.5hal1 be re}unded to� Buyer. t3 4. PERSONAL PROPERTY ANO fiXTURES INCLUDED IN SALE. The following items of personai r �� currently located on the property are included in this sale (Strike out items nbt includec�: garden bulbsppl�aM�shr�ubs, trees�sto m wyi�dows and � 5 inseris, slorm doors, screens, awnings, window shades, blinds, curtain-traverse-drapery rods, attached IigMing tixtures with bull�, p�umbing fixtures, � � 5 sump pumps, water heaters, heating systems, heating stoves, fireplace inserts, Nrepiace doors and screens, bui�•in humidfiiers, built-in air condition• � 7 ing units, built-in electronic air fifters, automatic garage door openers with controls, television antennas, water softeners, buitt•in dishwashers, garbage "' ° �e disposals, built-in trash compactors, built-in ovens and cooki�p stoves �p� fans inte�coms in5t�al�g� carpeti work benrhes uriri sy;tems. � 9 a�1d also the following prppe�ty r e stove, teL�i e�'atOr� fuel Oii LdIllti i e watet�i`ieaz�r.-=< 20. l hot a a i�d, , on, ncr �n �,_ DYet[usea �, 21 Upon dehvery of the deed, Seller shatl also deliver a BAI ot le for the�abov@ perspqal pmpergc . . • . •... 22: 5. PRICE qND TERMS. The price fa the real'and.persoml P�pPeKY includ�ed in this sale is ""* • � 23. . �ii[1 � . , . . • I�onars {; , 24. which. Buyer shall pay as tpllows. Earnest money of $ . • • ' by ( ceM„chech u+ no�e atafe wh1cA ) _ 25. receipt o7 which is l�ereby a�ck�now�l�eA�ed� (to be deposRed the next busmess day after aaep tan�e ir�t�u5t axourrf of hsW�g broker, unless otherwise � 26 speciffed in wriGng) and $�j rSl�V.00 eash on_�CLObEr Z�3. 19�J3 , dhe DATE OP CLOSING, 27. arjd-tke�4aleneo-ei 28. 6. DEED/MARKETABL� TITL�. Upon perfonnapce by Buyer, Selier shalf @xecute aod deliver a � arranry, 2g. Deed, joined in by spouse, M any, conVeying markAtable title, subjeetto: ' • � 30 (A) Building and zoni�g Ipw§;.ordinances, state and federal regulatio�s; �� 3i .(B) Restrictions relating to use or improveme�t of the property without'eNective forfeiture provisions; ' 32. (C) Reseroation of any mineral rights by the State of Minnesota; 33. (D) UtBity and drainage easements whicli do not interfere with existing improveinents; 34 (E) Exceptions to title which constitute encumbrances, restrictions, or easements which have been disc�osed to 8uyer and axepted 35. by Buyer i� this Purchase Agreement; (Must be specified in writing.} 36. 37. - - _ . 39 7. REAL ESTATE TAXES AND SPECIAL ASSESSMENTS. Real estate taxes due and payabte in and for the year of Gosing shall be prorated 39. between Seller and Buyer on a catendar year basis ttl the actual date of closing, unless otherwise provided in this Agreement. a0 j Snrke eut onej �UYER ANO SELLER SHALL PRORATE AS OFTHE DATE OF CLpSING/9�[%gHCgNl@qBNC on Date of Closing all instatlments a7 of special assessments certified for payment with the real estate taxes due afid payable in the year of closing. a2 [ S!nxe nur or�e] BUYER SHALL ASSUMEGS&�DF]GPCXpdyCON DATE OF. CLOSING all other special assessme�ts levied as of the date ot this a3 agreement. 4a. ( �r+::n�= ow one] BUYER SHALL ASSUME/8�6HR9C8)P�]�C�g�special assessments pending as of the date of this 45. agreement tor improvements that have been ordered by the City Cou�cil or other governmentai assessing authorities. (Seller's provision for paymeni �6 shall be by payment into escrow o11�/z times the estimated amount ot the assessments.) As of the date oi this Agreement, Seller represents that Seller 47. has not received a Notice o( Hearing of a new public imp�ovement project from any governmental assessing authority, the costs ot which pro}ect may a8. be assessed against the property. tf a special assessment becomes pending aJter the date of this Agreement and before the date of closing, Buyer A9, may, at Buyer's option: 50 A. Assume payment oi the pending special assessment without adjustment to the purchase agreemeM price of the property; or, 5� 8. Require Seller to pay the pending sp8cial assessment (or escrow for payme�t of same as provided above) and Buyer shall pay a commens- 52 urate increase in the purchase price of the property. which increase shail be the same as the estimated amount of the assessment; or, 53. C. Declare this Agreement null and void by notice to Seller, a�d earnest money shall be refunded to Buyer. 5-i ( S�- ae ouf one] �q(�j�pq�q��ELLER SHALL PAY ON DATE OF CLOSING any deferred reai estate taxes or special assessments S5 payment of which is required as a resWt of the closing ot this sale. 56. Buyer shall pay real estate taxes due and payable in the�year following closing and thereafter and any unpaid special assessments payabie therewith 57 and thereafter, Ihe payment ot which is not othervaise provitled herein. Seller warrants ihat taxes due and payable in the year(s) 1993 and ] Aqd 58 will be ($Ky{xkjfk �^'�'^' xXXX7t1{y1 homesteaB classification. Seller mak�s no representation concerning Ihe amount of future reai estate taxes 59. or of future special assessments. . 6o B. DAMAGES TO REAL PROPERTY. If the reaf property is substantially d8maged prior to closing, this Agreement shaU terminate and the eamest 6�. money shali be retunded to Buyer. il the real property is damaged materiallq but less than substantially prior to closing, Buyer may rescind this 6<^. Agreemern by notice to Seller within riventy-one (21) days after Seller notifies Buyer of such damage, during which 27-day period Buyer may inspect F>3 the real property, and in the event of such rescission, the earnest money shall be ref�nded to Buyer. f>�1 9. SELLER'S 80UNDARY LINE, ACCESS, RESTRIC�IONS AND LIEN WARRANTIES. Seller warrants that buildings, if any, are entirely within 6.`�. the boundary lines ot the property. Seller warrants that there is a right o( access to the real property from a public right of way. Seller warrams that 6G there has been no labor or material furnished to the property for which payment has not been made. Seller warrants that there are no present 5� vioiations of any restrictions reiating to the use or improvement of the property. These warranties shall survive Ihe delivery oi the deed or contract for rt8 deed. ..� 10. CONDITION OF PROPERTY. Seller warrants that all appliances, fixWres, fieating a�tl air contlitioning equipment, wiring, and plumbing used and � located on the property are in working order on the date of Gosing. Seiler ( St�ihe one �}4E8�-iqS NOT had a wet basement or water in the basement. � Seller discloses that ihe roof ( 5'��he :��e]HASMAS NOT leaked. Seller warrants that !he property is connected to: city sewer (YES/ry(jQ city wate� (YES/f� cable N(YESMO). Seller shall remove all debris and all perso�al property not ;ncluded in ihis sale from ihe property before possession -- date. Seller has not received any notice from any govemmental authority as to, the existence o1 any dutch elm disease, oak wilt, or other disease of -�. any trees on the property. . . Seller's warranties and represernations contafned in this paragraph 10 shall survive the delivery of the Deed or Contract for Deed. provided that -.� any �otice ot a detect or claim of breach ot warranty must be ��n writing and given by Buyer to Seller within one year ol the date of ciosing or be deemed 7-% waived. � %h 8uyer shall have the right to have inspections oi the properry conducted prior to closing. Unless required by local ordinance or lending regutations. %'+ Seller does not plan to have ihe property insoecteef (lrnar than the representations made in this paragraph 10, the property is being sold "AS IS" with +��-� no express or implied representations c � Seller as to physicaV conditions, quality ol construction, woikman5hip, or titness for any �1 i particular purpose. (This paragraph is no �� aive or modify any provisions of M/NN. S7AT., Chapter 327A.) _ -�....a+.�.ia . .._ . MINNESOTA STANDARO RESIDENTIAL PURCHASE AGREEMENT/PAGE 2 A2 11. OISCLOSUHE OF NOTICES. Seller has not received any notice trom anygovernmental authority as to vio�ation of any law, ordinance or regula- A3 tion. If the property is subject to restrictive covenants, Seller has not received any notice Irom any person as to a breach of the covenants. 7�'• 12. TRUTM-IN-HOUSING. Buyer acknowledges receipt ot the Truth-in•HOUSirnj Disclosure Report or other inspection report it required by the munic- RS ipaliry in which the property is located. ' n<� 13. POSSESSION. Seller shall deliver possession o( the property not later then date Of C1031Y14 •.' closing. Alf irneresi, fuel oil, liquid petroleum gas, and alf charges for cily water, city sewer, electricity, and naWral gas shall be prorated between Me parties as ot ddt2 of possess� on ' ��4 14. EXAMINATION OF TITLE. Within a reasonable time after accepta�ce of.this Agreement Seller shall furnish Buyer with an Abstrect ot Title w a 90 Registered Property Abstract certitietl to date induding proper searches covering bankruptcies and State and Federal judgments, tiens, and levied J' and pending special assessments. Buyer sha11 have ten (10) business tlays after receipt of the Abstract ot Title or Registered Property Abstract either '?2 to have Buyer's attomey examine the title and provide Seller with written objections or, at Buyer's own expense, to make an aoplication for a Title �:s Insurance Policy and notify Seller ot the appiication. 8uyer shall have ten (1'U} business days atter receipt of ihe Commitment tor Title InsuranCe to 9•� provide Seller with a copy ol the Commitment and written objections. Buyer sha�l be deemed to have waived any title objections not made within the 9; applicable ten (10) day period for above, except that this shall not operate as a.waiver of Seller's covenaM to deliver a statutory Warranry Deed, unless 95. a Warcanry Oeed is not specified above. • 91 15. TITLE CORRECTIONS AND REMEDIES. Seller shall have 120 days from: receipt o1 Buyer� written title objections to make title marketable. Upon 9ti. receipt of Buyer§ titie objections. Seller shall, within ten (10) business days, doti(y Buyer of Seller§ intention to make titls marketable within Me 120 95 day period. Liens or encumbrances for liquidated amounts which can be released by payment or escrow from proceeds oi closi�g shall not delay the tG0 closing. Cure of the de(ects by Seller shaN be reasonable, diligent, and prompt. Pending correction ol title, alt payments required herein and the 10 t ctosing shall be postponed. i 02. A. If notice is given and Seller makes title marketable, then upoa presentation to Buyer and p�oposed lender of documentation establishing that 103. title has been made marketebfe, andil not objected to in the same time and manner as the origi�al title objeetioqs, the ctosing shall fake ptace � 1 D4. within ten (10) business days or on thq scheduled closing date, whichev�(is later. �05 8. If notice is given and Selier proceeds in�good faith to make title marketable but the 120 day periad expires without tifte being made marketaOtA, 106 Buyer may declyre this Agreement nuli and void by notice to Seller, neither parry shall be liable for damages hereuntler to the other, and �o�� earnest money shall be refunded to Buyec � t 08 C. I/ Seller does not give notice oi intention to make title'marketable, or N notice is given but the 120 day period expires without title being made 109. marketable due to Seller's failure to proceed in good faiih, Buyer may seek, as permitled by law, a�y o�e w more ot the folbwing: 170 1. Proceed to closing without waiver or merger in the deed of the objections to title and without waiver of any remedies, and may: 1>> (a) Seek damages, costs, and reasonable attomey5 fees from SeOer as permitted by law (damages under this subparagraph (a) shall >> z. be limited to the cost of curing objections ro title, and consequentia� damages are excluded); or, 1 i 3 (b) Undertake proceedings to correct.the objections to title; 7 t4. . 2, Rescission of this P.ufchaseAgreeR�enhby notice as provided herein,.in which case the Purchase,A$reement sliall.be nu1F anQvpid ' 17 5; .''. and all earnes! moOeY p3id hereunder shali bB'retunded t0 Buyery � . , � t.6: 3. Damages trom Seilec irtcluding cosJs and _reason.able anorney's fees,'as pertnitted by law;. 17 7. 4, .$pecitic:performance within six rrionths after such right of aetion drisea . 17 A. . D: !f title is,marketable, oc is made marketable as, provided hereiri, and 8�yer deteutts in arry/ of the agreements herein, Seller may e�ect either o( 719. the following options, as permitted by law: � • � 2� 1. Cancel this contract as provided bystatute and �etain atl payments made hereunder as liquidated damages. The parties acknowledge � 2�. their intention thafany note given pursuant ta ihis contract is a down payment note, and may be presented for payment notuvithstanding t 22. cancellation: . . �23. . 2. Seek specific_ performance within six months after such rigjlt �of.adion arises, indudtng costs.and reasonable attorney�s fees, a4 72A ' . permiriett by law. , 125. E. Ii title is marketable, or is made marketable as provided herein, and Seller defaults in any of the agreements hereln, Buyer may, as permittetl by ' 726. law: . � 2% 1. Seek damages from Seller including costs and reasonable attorney�s tees;. 128, . 2. Seek specific performance within six months after such right of aCtion arises. 129. TIME IS OF THE ESSENCE FOR ALL PROVISIONS OF THIS CONTRACT. ' 730. 16. NOTICES. All notices required herein 5hali be in writing and delivered personally or mailed to the address as show� at Paragraph 1., above and � 3� if mailed, are eHective as ot the date of mailing. 1 i? . �:as CLOSES HE OR SHE IS REPRESENTING THE (BUYER ;OR �� AGENT OR BROKER DISCLOSES THAT HE OR SHE IR RFP-F� BUYER'S N. THE IISTING E SELLER IN THIS TRANSACTION. BUYER'S � 3�� 18. SUBDIVISION OF LAND. If this sale constitutes or requires a subdivision of land ownetl by Selier, Seller shall pay all subdivision expenses and 13�- obtain all necessary governmental approvals. Seller warrants that the legat descriptio� oi the reai property to be conveyed nas been or will be ��%� approved for recording as of the date of closing. . � t 3A �g, MINNESOTA LAW. This contract shall be govefned by the laws of the St9te of Minnesota. 13y� 20. ADDITlONALTEAMS. ��3i��B71C1ll7Il t40 : ia�. ,a� . . ia: - 27. ADDENDA. �attached a�e (number) 1 addenda whicn are made a part ot this Agreement. THIS IS A LEGAILV BINOING CONTRACT. BEFORE SIGNING, CONSULTA LAWYER. Minnesota law permits licensed real estate brokers and sales agents to prepare purchase agreements. No recommenda- tion or representation is made by either the listing broker or selling broker as to the legal sufficiency, the legal effect. or the taz consequences of this contract. These are questions for youc lawyer. I agree to seN the properiy for the pnce and , 1 agree to purchase the pioperty fw ihe price and terms and conditions set lorth above. � terms and conditions set forth above. SELLER BUYER CITY OF FRIDLEY Scott B. Kohanek IDaiei ' iDaul SE�LER Cathy Kohanek Closing shaA be at the office ol: Company�FirmName Clty of F['id1E, 17B BUYER BY' IDatel nad�ess 6431 University Ave. NE ciry Fridley, t�t _ Z;p 55432 �//1 Form No.1533 ui«�. � i yn � . _. _.._.__... ._..�_.__ HOUSE LEASE This is a lease. It is a legal agreemerit between the Tenant an below. The word Landlord as used in this Lease means City of F� and the I.andlord's address is 6431 �University Avenue NE, ! ?lillrrlhvi: I<g�l Forma the LANDLORD to rent the House described MId The word TENANT as used in this Lease means Edward C. Andrix III and Donna Mdrie Melich (List all persons who will live in the House►. This Lease is a legal contract that can be enforced in court against the Landlord or the Tenant if either one of them does not comply with this Lease. 1. Description of House. The address of the House is 6116 Central Avenue NE. FYidley, MN The House is located on property legally described as: according to the map or plat thereof on : 2. Term ot Lease: This Lease is for a term of seven months and ,10 daya' �' begi�ning on '.; {3cCaber �8. . . • •, 19'93 �j, � 12 � �..o'c(cek,'� :m. ai�d�ending on �Y 31 � � • . 19 94 , at 12 . o'clock xxxxx�. midnight. ... . � 3. Rent. • . . . a. Amount: The rent for the House is Four Hundred, and 00/100 , Dollars ($ 4�-� ► per month paid in advance. _.�...._ _.__ -. ._._ b. Payment. The rent payment for each month must be-paid before the � lst ' . . ., .� , day of each. �onth beginning on Noyember 1 •. �;.19 9_ 3 T at Landlord'8. addres�.l,.�ndlord dces •� � � ' � . .'no�_have, to�give:notice Lo�'�`enant tq pay..t6e rent. Tenant•ullder'stand�:CHat I:andlord will not accept a; . . , � . ' -Eartial pa}�ment o�:rent .. • . . . . . . , � • . . ' , c. Responsibiliiy ..fo;' RenE. Every' Tenant listed'above :is�.individuaIIy responsible �fori: payin� th�. '. � :'full•a►nount'.of rent owed :Go I.gndlocd.: - . . . . ; • , � • . . 4. Secarity D¢posit. The Tenarit has given the Landlord 3 � ' • • " as a security deposit. If Tenant fails�tb perfor•m any term�in this lrease, Landlbrd may us.e the security�deposit �'or payinerit of money that I.andiord may spend or damages;that Ilandlord suffera because of Tenant's'f�ilure. The I.andlord tnay use Ehe security • deposit to �pay for any damage.to �the House caused bp the T�nanL or the•Tenant's guests• T�e s@turity depasit may also be used to : �. pay rent that the•T'e'nant�qw@s to the�Laridlor8 at tfie end'Af the Lease. '. ' '�. ' The Landlord will pay the TenanE interest on the security deposk ai the rate of•five and onehalf (5-'/:%I.per year, as,required by Minnesota Statutes S�ction 504.20, subd. 1. Landlord shal3, within three weeks after (1) the end of the Lease term. and (2) receipt of Tenant's mailing address or delivery instructions, return the deposit to the Tenant, together with the interest due on the deposit. If the Landlord does not return the deposit within the three weeks, Landlord must give Tenant a written statement showing the specific reason for withhoiding of part or all of the deposiG. The Landlord may keep all or part of the security deposit (1) for rent or other money owed to the Landlord, and (2) for damage to the House beyond ordinary wear and tear. 5. Quiet Enjoyment. If Tenant pays the renti and complies with all other terms of this Lease, Tenant, may use the House for the term of this Lease. 6. Use of House. The House must be used ohly as a private house to live in and for no other purpose. The Tenant may not use the House for any unlawful activity. In particular, Tenant agrees that (a) Tenant will not unlawfully allow controlled substances in the House; and �b) the property will not be used by the Tenant or others acting under his or her control to manufacture, sell, give away, barter, deliver, exchange, distribute, �or possess a controlled substance in violation of any local, state, oc federal law, inciuding Minn. Stat. Ghapter 152. This agreement by Tenant is not violated if a person other than Tenant possesses or allows controlled substances in the House or on the property unless the Tenant knows or has reason to know of the activity. The Tenant may not use the House for the purpose of carrying on anybusiness, pmfession or trade. 7. Ma;ntenance and Repair. Tenant shall be _responsible for all maintenance and repairs. during the term of the Lease, except when the damage was caus ' ' igen action of the Tenant or Tenant's guests; and comp iance with the applicable health and safety laws exceQt where the b. By Tenant. Tenant promises, at Tenant's expense, to make all repairs and eliminate any violation of health and safety laws that result from the negligent, willful, malicious or ircesponsible conduct of the Tenant or the Tenant's family, agent or guest. Tenant shall comply with a(1 the sanitary laws affecting the cleanliness, occupancy and preservation of the House, except where the Landlord is required by law to comply with the sanitary laws (see Minnesota Statue, Section 504.181. Tenant agrees to perform the following repairs and maintenance: 8. Alterations. Tenant must obtain I.andlord's prior written consent to install any panelling, flooring, partitions or make ail,en�Lions or Lo puinL or wullptaper t.he I louye. 'l'enunt must not �change Lhe henLing, electrical, plumbing, ventilation or air conditioning without the prior written wnsent of the Landlord. 9. Damagc to House. If Lhe House is destroyed or damaged not d'ue to Lhe fault of TenanL or Tenant's guests, end the House is unfit for use ns a residence, Tenant is noC required to pay rent for the time the House cannot be used. If part of the House cannot be used, 'CenunL musL only p�y rent for L6c usuble parL, if the liouse is dnmuged or clesLroyed, l,andlord mny LerminaLe this Lease immediately and may decide not to rebuild or repair the House. If the damage w8s not caused by the Tenant or the Tenant's guest and the Landlord cancels the Lease, the rent shafl be pro rated up tb the time of the damage. 10. Utilities. Tenant shall pay for all utilities procided to the House, except for which shall be provided at the Landlord's expense. Tenant shall not waste any utilities provided by Landlord. l i. RighL of En1ry. I,andlord and l,undlord'v agenls may enl,er Che House a6 reasonablc hours to repair or inspect lhe House and perform any work that Landlord decides js necessary. [n addition, the Landlord may show the House to possible or new 'CeniinLa ul, rcuaonublc hourv during Lhc InsL _30 do}�s of I.he leasa I.erms. 12. AseignmenL end SublctLinq. TenanC may not assign this Lease, lease the House to anyone else Isublet�, sell this Lease or permi6 nny u6her pervun W uyo Lhe Iluuyc wil.huuL 6he prinr wriL{.ln convon6 0! Lho I.nndlord. If Tem�nL does. I.andbrd mqy �crminnt,e this Lcase as described in Paragrnph IG ot this Leese. Any assignment or subleuse made without Landlord's written consent will no1, be eEfective. '1'enant must geL Landlord's permission each Lime Tenant wants to assign or sublet. Landord's permission is good only for that specific assignment or sublease. 13. Tcrmination. If Tenanl wants to move out of the House when the lease term ends, Tenant must give Landlord prior written notice at least thirty (30) days before the lea9e term ends. If the Tenant dces not give the thirty �30) days notice, the Landlord may continue this Lease for month to tnonth This renewal provision shall be valid only if Landlord, has given to Tenant written notice, served personally or by registered mail, directing Tenant's attention to this.renewal provision. Landlord must give this notice within fifteen (15) days prior to the time that Tenant is required to furnish notice of m°^°^«'s intention to move out, but not more than thirty (30) days prior to that date. l `�� 14. 5urrender ot Premieee, Tenant shalt move out of the House when this Lease ends. When Tenant moves out, Tenant shall leave the House in as good condition as it was when the Leese sterted, with the exception of reasonable wear and tear. 15. Abandoameut. If Tenant moves out of the House before the end of this Lease, Landlord may bring a legal action to recover poeseeaion of the House. The Landtord may rent the Houae to someone elae. Any rent received by Landlord for the rerenting shatl be used firat to pay I.andlord's expensea for re�renting the I-�ouse and second to pay�any amounta Tenant owea under this Lease. Tenant ahall be respoasible for paying the difference between the amount of rent owed by Tenant under thia Lease and the amount , of rent ieceived by Landlord fi�om the new tenant together with any court c:osts and attomey's feea. If I.endlord recovers possession of the House after Tenant moves out, then Landlord may consider Tenant's personal property in the House to aiso have been abaadoaed. Landlord may then diapose of the personal ptoperty in any manner that'the Landlord thinka is proper. Landlord shall not be liable to Tenant for disposing of the peraonal property. '• 16. Default If Tenent doea not pay the rent or other amonats whea due or if Tenant violatea any term of tlus Lease. Lendlord mny terminate Lhia Leese. If Tenant does not move out, Landlord may bring an eviction acLion. If Tenant violatea a term of this Lease and Landlord doea not terminate thia Lease or evict T.enant, Landlord may atill terminate this I.ease and evict Tenant for any other violation of thia Leaee. If contraband or a controUed eubatance manufactured, distributed, or acquired in viotation of Minneaota law is aeized in the House or on the property on which the Houae is located incident to a lawful search or arrest, and if Tenant has no defenae under Minnesota Statutes § 609.5317, Tenant shall have no further right W possession of the House, and Lan8lord may bring an eviction action against Tenant. . �� . '.17. Heirs and'Aesigne. The terms of this Lease apply to the Tenant and Landlord.l�he terms of this Lease'elso �ppiy Co any heirs, Tegal representativ�es and assigns of Tenant'or I:andlord: . •• ' � • ` LANDLOBD: CITX OF FRIDI,EY • � TENANT � ��" By: wa . An ix III . � ;; ` � • Donna Mane Me ic STATE OF MIN�IESOTA� .' ' �• . ' . . . . , ' •. COUNTY.O�' • • • .. � � ff � .. _ ... � . , . ' . . . . . ' The foregoing instrumea�.�vas acknowledged before. me ti�is '. • . . � : . ' � • '' ' ' � . . • . . ; day�of � � ' � '', 19 ti3 . by _ ar . C: An xx �III an Donna . Ma • .j . ' • I rie elich . , . : . . : . .. . . . � . � � � ISig�utun ot Panoo Tdcioe Ackoow4d�emen4 . . . . . � . STATE OF (I�IINN�SOTA . . � • . : . . .. .. . • � m . fnc�e o� x.utiY . COUNTY OF . � The foregoing instrument was acknowledged before me this day of ig �93 by • � the af_ City of Fridley 8 public body'corporate and politic - �1�&F8#, on behalf of the caait�arr�Yltx�➢c public body corporate and politic. THIS INSTItUMENT WAS DRAFTED BY: ISignewre ot Peraon Taking Acknowledgemen4 BARNA� GUZY & STEFFEN, LTD. . 200 Coon Rapids Bivd. ,#400 INama� 17'itle or HenW �Addrnee) � Minneapolis, MN 55433 (612) 780-8500 (VCH) i � This agreement, entered into the day of , 1993 by the City of Fridley (hereinafter referred to as Contractor), and Professional Redevelopment Resources, Inc. (hereinafter referred to as Consultant). WITNESSETH WHEREAS, the Contractor desires the provision of certain technical assistance and other services pursuant to the terms of Minnesota Statutes, Section 117.50 et. seq., and/or the Uniform Relocation and Real Properties Acquisition Policies Act .of 1970,. whichev.er is . apgl i�cable, . in: cq�r�ection �. with; the •. acquisitiort..,.caf •.6116 .� Central : Avenue N.E: a� heretofore adopted by the Contractor;� arid�� .. � WHEREAS, the Contractor desires that the Consultant provide such assistance and services to provide for relocation assistance, in this project, and . . � . �� WHFsREAS = �tlie'� C�ntrae�or .:proposes.- �Q a.cqu�r� .�certain .. reaJ. .propexty : �-.� :� , � �. :• arad d�s�res: �tYiat.'the Consul�tant ��€urnish�:�the . Contraetor certaii� . .•. � � � serv�..ces . � with . �respect .: to • such. �. property,. . �a�d� . the • .consultant :. . . •�. represents��.that . t�e: consul�ant is fully �qualified to perform� �sueh : . , services and will fi�rnish .sueh seryi.ces .personally, , , .� . �. � . I N04d;� THEREFORE;� in:., c.onside�`ation o�� the ..inutual�� covenants . � and � . ' �. � promises contained herein, the parties a.gree.�as fol�ows: . � Consultant. agrees to provide services set forth below under Section I entitled "Residential Relocation Service (Scope of Services)" and the Contractor agrees to pay for such services in the amount and manner set forth below under Section II entitled "Compensation", and Section III entitled "Method of Payment of Fees". SECTION I: Residential Relocation Services lScope of Services) A. The Consultant will distribute an information booklet on the residential relocation assistance and all appropriate forms and data to each residential occupant expected to be displaced. The Consultant will: l. Obtain a signed receipt for the informational statement provided by the Contractor in accordance with the applicable regulations. 2. Explain the residential relocation program and the displacee's responsibility to receive benefits. 3. Explain how to receive various kinds of assistance in finding new locations. � 4. Explain the residential relocation needs and prepare Family Record Card. 5. Provide Notices of Displacement within 30 days after initiation of negotiations. 19 Agreement Page 2 6. 7. 8. Analyze existing data to determine eligibility of the displacee's relocation expenses for compensation. Interview residential displacee to determine housing needs. Identify and determine the cost of comparable replacement housing. � 9.. Provide referrals to replacement housing units. ' �� . •: 10: . �• Provide `other �social• �services, on an as=fleeded .basis: �� • . � ��:_'• 11. Assist the displacee in determining the more advantageous . payment alternative to claim for moving expenses and provide further instructions on how to proceed. r•:... � � ].2.. . ;.Issu� �90� 'day.: notice as. ttecessit;ate.,d. : after �refer�al.. tb• � : � replae,�ment.� hoiisinc�.. is ��inade. . . • . .. . . . ' . : . .. �. .. . �: Z3 . �: D�etermine .�ii select�ed ., replacemen�t location �is. � decent; � �.� . �. . safe; and sariitary�. � � • _ . . . . � . �. . . . � � - 14 : '' Ass�ist 'el:igibl:e resideriti�aT � o�ctzpa�it� �� in �prepa�at�ivn �� of �� :. � � ` . claim -far Replacement :.Housing Payment for�.180 day �� homeowners: . � � 15. Assist eligible residential occupant in preparation of claim for Rental Assistance Payment and/or pown Payment Assistance for 90 day occupants. 16. Assemble the appropriate claim forms and documentation for signature and submission for approval. 17, Transmit to the Contractor the final claim for its action. The claim will include the amount of payment to be made and any special considerations. B. The Consultant does not assume the responsibility for: * Preparation of Status Reports * Housing of Last Resort Services * Accounting and Record Keeping (except as related to specific claim) � Payment for direct loss appraisals, property analyses, and moving cost estimates and/or bids SECTION II: COMPENSATION s The Consultant shall provide all necessary tenant relocation services involving the subject rental property. The total that shall be charged for subject services shall be $845.00. 19A Agreement Page 3 SECTION III: METHOD OF PAYMENT OF FEES Monthly requisitions may be made subject to receipt of a statement from the Consultant specifying that it has perfornaed the work in conformance with the Contract and that it is entitled to receive the amount requisitioned under the terms of the Contract. The Contractor will make payment on such invoices upon receipt, provided, however, that payment shall not be made for any incomplete, inaccurate, or defective work until same is remedied by Cansultant without add'itional cost�to the Contractor.. . SECTION YVi� LIABYLI�IES . , .' . . � � � �... '' A. The City agrees all claims or performance of to hold the consultant harmless from any and causes of action arising from the City's � this agreement. . � � �� • B; - .The. .Cdris�tltant�. � .agre��;: : �to. ��:.liold the� Cit�, ,.• its :� agents. � • and .' .�::-� � �� :�� . . � -emp].oyees.�rarml�e�s. i.rom�.an� and all� cl�aims or: causes o�.a.etioi�_ ��. , � ,: . _� _ - � : � : � :�arising froin the. p�rfor�►ance of �t�e.��ser.v:ices� identified ,as .�he�_ �. . � � � � . �, . Corisultant's :respon�ibility in �his� at�reement .�including but . � . � � � • .. �ot . limited to co�sultarit :error and serv�ces �that consul,tant . ;�� . : . .. : completes::fQr,.-.th�� City. as.�:a._.r.e�ult of any. �changes..�made i�, the. • . .� contra�cted services �. as� allowed ��by Section�� VI.I of ��tYiis � - � agreement: This clause shall not be construed to limit�any . � legal remedies the City may pursue in the event that the consultant fails to fulfill the Consultant's obligations pursuant to this agreement. SECTION V: PROPERTY COVERED UNDER THIS AGREEMENT 6116 Central Avenue N.E., Fridley, Minnesota. This is a tenant occupied property. SECTION VI: CONTRACT PERIOD The Consultant shall commence performance of this contract upon Notice to Proceed by the City Manager or upon execution of this Contract and shall complete performance of this contract no later than sixty (60) days after the last occupant of real property has vacated the proj ect area and all appropriate documentation has been provided by the displacee to the Consultant. SECTION VII: CHANGES IN CONTRACT The Contractor or the Consultant may request changes in the scope of the services to be provided. Such changes, including any increase or decrease in campensation, which�"are mutually agreed upon by and between the Contractor and the Consultant shall be incorporated in written amendment to this Contract. SECTION VIII: ADDITIONAL CONSIDERATION A. Interest to Certain Federal Officials . - Agreement Page 4 No member of or delegate to the Congress of the United States, and no other Federal Official, shall be admitted to any share or part of this Contract or to any benefit from this Contract. B. Covenant Against Contingent Fees The Consultant warrants that it has not employed or retained any company or persons other than bonafide employees or technical subcontractors working solely for the Consultant, to solicit or secure this Contract, and that it has not paid or agreed to pay.any company or. person other than a bonafide e�nploy.ee or :te�chni.cai � subcontractor�� worki�ng: .soTely for.. the Consultant, any �fee, commission; perceritage,.brokerage fee, � gift, or any other consideration;�contingent upon or resulting� from �the award or making of this Contract. For breach or violation of this warranty, the Contractor shall have the right to annul this Contract without liability. � � � C.. � 'Ferminatio�� of Contract : .. • .. . - The Contractor .or � the. Con-sultant ma� t�erminate this �Contract o.r renegotiate � tY�is �Cont�ract � upon..�hirty (30) days writt�en � notice.. In � the event of . terminatior�; all . propert.y -and , finished.or unfinished: doc.un�en�s.; .data, stud�es, and re.ports ,.: ., _ purchased or� prepar�d by�the consultant under this Contract.�� . shall be disposed of according to the Contractor directives � and the Consultant sha11 be entitled to compensation for any unreimbursed expenses reasonably and necessarily incurred in satisfactory performance of this Contract. D. Extent of Contract This Contract represents the entire and integrated agreement between the Consultant and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. This contract may be amended only by written instrument signed by both Consultant and Contractor. E. Personnel The Consultant represents that it has or will secure all personnel required in performing the services under this Contract as provided above. A11 of the services herein will be performed by the Consultant or under its supervision, and all personnel engaged in the work shall be fully qualified and shall be authorized under State and local law to per€orm such services. F. Non-Discrimination � The Consultant will not discriminate against any employee, or applicant for employment because of race, creed, color, sex, national origin, religion, marital status, disability, status in regard to public assistance, or age. The Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during their employment, without rega--' '-- race, creed, color, sex, 19C Agreement Page 5 national origin, religion, marital status, disability, status in regard to public assistance, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment advertising, layoff, or termination; rates of pay or other fornas of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the State setting forth the prayisions of this nond�iscrimination clause. In addition, the �.� Consultant Tai-11 in ali� splicitatiox�s...arid advertisements placed; � by or on behalf. of the Consultant, state that all; .quali�fied � applicants will receive consideration for employment without regard to race, creed, color, sex, national origin, religion, marital status, disability, status in regard to public assistance, or age. � � G.. � Assi�gnment .. �. _ . . . � � : . . � � � . �- The� Consultant sha11 neith,er assign nor 'transfer any� rights � or obligations under� this Agreement without.prior written :� consent of �the- Cit�r. _ � _ � � � H. Special Administrative Provisions ' . � � All records pertaining to this Agreement shall be maintained by the Consultant for a period of at least three (3) years after the creation of such records. IN WITNESS WHEREOF, the Contractor and the Consultant have executed the Contract on or as the date first written above. �� Professional Redevelopment Resources Inc. 2300 Central Avenue N.E. Minneapolis, MN Phone: (612) 789-5151 Mayor William J. Nee City of Fridley William W. Burns City Manager City of Fridley � ,� � Date Date Date 7 TO: WILLIAM W. BURNS, CITY MANAGER J,�� Al FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR SUBJECT: �. - "A" FRAME...LEASE - SCH.00L DISTRICT NO: _14 . .: . . � : . � DATE: - � � .� October 7,1993 � � � � School District # 14 would like to renew the �lease for the "A" Frame building located at North Innsbruck Park, Arthur Street. The lease would include the same terms as the �� :�: .a<greemen� dated September �.3U, 1�992,, .Th.e.le.ase will� run_�from Septemts.er 1; �1993:'thraugh .: � � � l�Iay,: 3I, 1994. : � : � . . . � . � . . � . ' . . . . . � . , .. : : . ' . � � .: . � � � If you hav.e any questions concerni�ig this uiatter, please let �m�e know. � : � � � � � � RDP/me Attachment 2� I .. ��.' AGREEMENT OF LEASE This agreement, made this day of , 1993, by and between the City of Fridley (hereinafter designated as "Lessor") and Independent School District No. 14, (hereinafter designated as . "Lessee"): WITNESSETH: �. �� . �.... � -.. .... � :' • .....�.. �. . .. �I That the Lessor, for and.in consideration of the terms, : . ' . : �•. , :cav�irants�; : re�r�ts�. a�id�� abr�ditions;'. �here.�r�� mentiaried,� to : b�° paid�'.�nd .: : � : �. `. per.formed �ksy �S�essee; does ��hereby demise .'and 1et ori to ��said � �e�s.se�e; .+ � �, a�d .the said � Lessee• does� �hereby hire _and ta�Ce from� •the � Lessor •t�ie: � � � � � �following described premises ' situ�ted . in � the �City of � Erid�ey�, �� . � � County of Anoka, State of Minnesota, to-wit: � The "A" Frame building located at North Innsbruck Park, Arthur Street, Fridley, Minnesota To have and to hold the same just as it is, without liability on the part of the Lessor to make alterations, and improvements or repairs of any kind in and about the demised premises, except as and if otherwise set forth herein, beginning September 1, 1993 through May 31, 1994; 1. Lessee agrees to and with Lessor to pay Lessor as and for the rent for the above-mentioned premises monthly installments of $555 each month, in advance, on the first day of each and every month during the full term of this Lease at the office of the Lessor or at such other places as Lessor may in writing designate. In addition to the rent specified in the preceding paragraph, i+ i � Lessee agrees to provide for the cleaning of the building's interior, the maintenance of the side walks and the upkeep of the lawn. Further, the Lessee shall promptly pay the costs of all utilities, including but not limited to, electricity, natural gas, telephone,m sewer, water and refuse removal. The Lessor agrees to provide.all snow removal for the parking �lot which .is �immediately adjacent t�o and which'seiv:ices,the .demised� property. 2. Lessee shall procure insurance on the contents of the . . �buil�ding during� t1Ye � term :o� the. :�e�se�. . . . . . • . . . . �. 3 . Less�e� � :cov�enarits �� and �. agrees � .. tYist .•� it will � make ; no � � � . � � struaturai ch�ange� or maj or alteration witY�out � the l�e�ssor' s consent, �.� � �. which consent�.shall not be unreasonably :withheld. The 'Lessee� . further covenants that it will promptly pay for any such alteration�s, repairs or maintenance ,made to the demised properties so that no mechanics liens will be filed against the property. 4. Lessee agrees to pay all special requirements for utilities such as gas, steam, water and electricity. Charges for such utilities shall be paid by Lessee and in the event such charges are not paid when due, the same shall constitute a default hereunder on the part of the Lessee. 5. Lessee agrees that it will not sublet the demised premises or any part thereof, and will not assign this lease or any other interest therein. 6. The parties hereto mutually agree that if the demised premises are partially or totally destroyed by fire, or other hazards, then Lessor may, but is not obligated to, repair and 1: restore the demised premises as soon as is reasonably practical, to substantialiy the same condition in which the demised premises were before such damage. 7. Any trade fixtures, equipment and other property installed in or attached to the demised premises by or at the expense of the . Les�s.ee shall remain��the prop�rty of. the- Lessee and the Lessar. � agrees that the Le�ssee shali have tlie right a��an� time and irom time to time to remove any and all of its trade fixtures, equipment and other property which it may have stored upon or affixed to the ' : " . �� demised ,.premis�s.; : provid�cl,. � howev�r, .that:• in thef� eve.�t . of such. � . re.moval; �� Lessee shall restore �the p�emises to :�substantially � the �. � s�me � condition in wh 'ich t�ie premises �were. are �the t'ime: Lessee took •. . ' possession: . - � � � . . . 8. Lessee agrees to pay to the Lessor on demand, the cost of any repairs to the premises if such repairs are made necessary by Lessee's misuse or negligence, or the misuses or negligence of Lessee's guests. Lessee agrees to make the aforementioned payment no later than the first day of the month following notification from the Lessor of the Lessee's responsibility for this payment. 9. The Lessee agrees to promptly notify the Lessor of any dangerous conditions in the premises provided by the Lessor. 10. The Lessee agrees to vacate the premises on or before the termination date of this Lease or any renewal or extension as provided by this Lease. If the Lessee fails to vacate on or before the required date, he shall be liable to the Lessor for any and all losses incurred by the Lessor as a result of such failure. Upon vacating, the Lessee agrees to leave the premises in the condition 2�C . �� 1 . �..:1 at the commencement of the tenancy, ordinary wear and tear excepted. 11. Lessor shall at all times have the right to enter upon said premises to inspect their condition and at his election to make reasonable and necessary repairs thereon for the protection and preservat�.on thereof, but nothing herein shall.b� construed �o � require the Lessor to make such repii�s,. and the �,essor �o .make such repairs, and the Lessor shall not be liable to the Lessee for failure or delay in making such repairs, or for damage or injury. •� to persons �or ��propei�ty caused in� o� b�y tMe� lnaking of•_ such•:repaiis, �� : � �.. or the doping of �such work: . . ' . � .� . � . .� - . . . . � T2 . If .ihe� Lessee � shall ma�ke � default in �ar�y cover�ant or . � � • ag�eement to. be. performed by �it and if after �written notice from �� Lessor to Lessee, such default shall continue for a period of five (5) days or if the leasehold interest of the Lessee shall be taken on execution or other process of law, or if the Lessee shall petition to be or be declared bankrupt or insolvent according to law, then, and in any of said cases, the Lessor may immediately or at any time thereafter, without further notice or demand, enter into and upon said premises or any part thereof and take absolute possession of the same fully and absolutely without such re-entry working a forfeiture of the rents to be paid and the covenants to be performed by the Lessee for the full term of this Lease and at Lessor's election, Lessor may either lease or sublet such premises or any part thereof on such terms and conditions and for such rents and for such time as the Lessor may reasonable elect and after crediting the rent actually collected by the Lessor from such re- r�� letting, the Lessee, its respective heirs, legal representatives, successors and assigns, and interests shall be liable to the Lessor for any balance remaining due on the rent or reserved under this lease, or the Lessor may at his option, declare this Lease forfeited and may take full and absolute possession of said premises fr.ee from any subsequent rights of the Lessee. ,� That�in the�event of default by the Lessee, Lessee shall compensate the Lessor for all reasonable attorney's fees, expenses and costs incurred by the Lessor in either reacquiring possession , � � . ' of the property :or for bringing� afl: action � for . recovery : qf unpaid � . :� � . rent . . . . : � . � In , tli�e event� that the Lessee vacates� the premises and defaults � in.any of the�terms of this Lease without giving formal notice of : termination of the Lease, the Lessor has a right to reenter and - take possession of the premises. 13. Wherein in this Lease it shall be required or permitted that notice or demand be given or served by either party to this Lease to or on the other, such notice or demand shall be given or served and shall not be deemed to have been given or served unless in writing and forwarded by mail addressed as follows: To the Lessor: Fridley City Manager Fridley City Hall 6431 University Avenue N.E. Fridley, Minnesota 55432 To the Lessee: Independent School District No. 14 6000 West Moore Lake Drive Fridley, Minnesota 55432 20E Such addresses may be changed from time-to-time by either party by service of notice as above provided. 14. The Lessor and the Lessee agree that all of the provisions hereof are to be construed as covenants and agreements. 15. Where appropriate, singular terms include the plural, and • �.p�onouns of ane.;gender include.both genders._ . . . : � 26. In the ever�t . tk�at non-public funds� are �erminated or significantly reduced which causes one program to prematurely � � I close, the Lesse��shall notify the Lessor and shall be al•l�wed to � � � � � terminate :the .. �leas�e �w�:tlrirl�• tii:irty,� ( 3:0) � � days ° 'due: �to. •tY�� ].�ak� . of� �.� . : : .. �..." - ,. . - � . � _ . .. . . . � . � :, . . . � � � _ . : . � . �. . � . .. . . : . � � . �f�nds.. � � - ' � � . . �. � �. � . - .� � .. � : . . . . . .. . • . . . . :� �, IN� WITNESS WHEREOF,. the� Lessor �and Lessee have caused their � . �• . respective names to �subs.cribed to. • this Lease on the �� - day � of , 1993. LESSORS: City of Fridley BY: William J. Nee ITS Mayor LESSEE: INDEPENDENT SCHOOL DISTRICT NO. 14 BY: Dennis E. Rens ITS Superintendent 2�F TO: FROM: . .SUBJECT: DATE: WILLIAM W. BURNS, CITY MANAGER �� RICHARD D. PRIBYI., FINANCE DIRECTOR PAYMENT TO SCHOOL. DISTRICT.14 � - ; Octotier 7, 1993 � : � � . � : Attached you will find a letter we received from the Superintendent of Schools for School District #.14. .He is requesting th� City to.provide funding for the }�urchase of a charaeter: .. .� ; generator��nd a video:�editing�� 'st�m, to fnrtt�er the:cable educational access. 1'�e�cost of , . � : �these �:two � items . is� requ�sted� �om. t�ie �funds the . �ity � r.eceives from �lie � fran�hise :fees � : � .. . . associafed wit��the calile.Yelevision�franchise'agreement.: . � � � � � �.� � ., . : .� � After a review of �the request, it �was .decid�d that the �3;3U7 associated with the �character �.�. . ge.nerator was an expenditure �at has: a valuable public purpose and sufficient funds were.:� . � availahle fbr this item. Since the funds are requested from the �1993 Budget and no budget � exxsts for this item, a supplemental reappropriation could be done with our ne�ct group of budget changes being presented to Council shortly. � At the October 18, 1993 meeting it would be appropriate for_Council, through a motion, to direct staff to initiate a check in the amount of $3,307, payable fo the Independent School District #14, for the purchase of a character generator from the cable TV franchise fees. RDP/me Attachment 21 � L , � 6000 WEST MOORE LAKE �RIVE, FRIOLEY, MINNESOTA 55432 June 24, 1493 .. . . .. . . . .. :: Dr. .Bill Burris,. Cit}r l�danag�r .•.� . � City, of Fridley . . 6431 University Ave. NE Fridlev, NIN 55432 612-571-6000 FAX 612-571-7633 N �t1N 2 5 1993 DR. DENNIS E. RENS SUPERINTENOENT , Dear Bill: ; . �. . � . : . � . . . � : � . . . . . . . �. �� : �I read�.�vith�interest�the�article iri��tt�e�Focus ATe�vs�aper'I�st w�eek�regarding the possibility . �:.'' �� :'' � • � � pf cable teieyisic�ir fi;nds•being a�ail�ble for locaf access puiposes. -The Sck�ool� iJistrict lias .�� : two needs rel�ted to the�use of Channel 32 tliat we believe would.prove to be an� excetlent � . ixse��af some of the available furi�s. �: � . � : � . . : � . . �. . . � . 1. ; Purchxsing a new Scala character generator for the School District�would aliow us to update Educational Aecess Channe132 much more frequently. Updating Channel 32 morz frequently with new information would allow 'studer.ts, staff, and community members to retrieve updated information regarding the School Distri�t more easily and be of greater interest� to viewers. This new Scala character generatar is also more user friendly which would a11ow students to become involved in inputting information onto the channel. Similaz sy�ems have been installed in our surrounding communities and have proven to be very effective. 2. P�rchasing a Panasonic Editing System would open many new doors for tf,� l�ist�ct 1'rzsEntly w� nave ti�c capaoiiiij� iu SItJVI �;.u�� ;�v;ti: ;� camcorder, but have no further technology. Using an edit system would allow us to edit video clips together, producing video shows or classroom projects. These projects could be cable-casted to the community on Educational Access Channe132_ The cost of the character generator is $3,307 and the cost of the editing system is $11,433. The attached sheets break those costs down further_ Expending $14,740 of the available funds in this manner would directly improve cable educational access to the community AND provide students in our schools with inereased opportunity for hands-on experiences with the technology. AN EQUAL OPPC�RT�iNITY EMPLOYEf� 21A � � 2 We would appreciate the City Council's consideration of this request. If more information is required, please feel free to contact me at your convenience. Sincerely � Dennis E. Rens, PhD Superintendent . .. • . � � DER/hj ' ' . . � . . � . . . . � . � � ' � � � . � _ . � . � . � : . • � . � Enc. � . svxNSCrv.i� , . . . . � _ . . . � � . . _ . . �. . : :�.'; .. �' , . � . . . .. .. . . . . �, :� 1 �..� •• 7H36 - 2nc{ A.�c: South � Rfoc�min�ton, I�1N S542U (612) t#i1-2055 ��; (6�� i�x1-4835 A�P'Q�A�VOTE � P1�GE 100140 010d37-SQ 1 IND SCHOOL D 06/23/93 10:56 PiM Submiried To S 00 0 W MOOR$ IaKE DR Oate: NET 3 0 D�XS FRZDL�Y MN 55432 Delivery: J►TTN: DAVE HARVET Te�ms: F.0.6.: ITEM G�UAN. MO�EL DESCRIPTION UNtT PRlCE TO'tAl` � . ,. _ � :, 2 -� �AG1970 _ . . . . . � � • . • � . : .. 325.0.0 . . � 2�5Q.00 . 2 _ �1' AGA96._ ' � �,PAN �PRO EOYT COYTROLLER 369.Ot� .369,p0 3 a CT1383Y PAN PRO 13" COLOR MONITOR 2Q5.00 570.40 4 1 A4000/030/ C9M:AMYGA _4000_CPU . �91S.Ofl , .291S.Q:0 , : .�5. . : ..2� :. �..1X32-7'0. .�- WAV�� 2�IEMORY.� dM£G', �FaR .•�A4004� ��. �� . ° .1�fl.��0 �.: , �. �.� 340.00� � _. ,b : 1 194.2 � C8M QUAI� SYNC.MONZTOR W/ AUDZO 370.00 �370.00 . ? .:� . 2 BBC10 . � �.. Cu3MPRE�iENSfiVE. CABLB �t'LDEO- 8NC . ll. p0. . . 2�. t?.0 8 4 PPPP10 � CGMPREHENSiVE.CABLE AUDIO 1.?5 ?.00 9 1 i0 4 11 8 12 1 MATE INSTALIS TRAZNS TOASTER3.0 NOVA T8C CARD/WGEN IACK CARD INSTALLS � SALES TRA�NING - �ALES NEWTEIC VxAEO TOASTER 3.0 95.00 50.00 75.00 :155. QO ' 1195.00 240.00 600.00 �}.53. 00 This proposal as pr�3�r88d bq� Alpha Video is firm untii _�.KORZ��, �jE Proposal' S raie� �� 3� ; D� s�a�n� ey- WE HEFiEBY ACCEPT this proposal a�d agree to purchase the items as IisteC above and on any conGnuation pages aitached hereto in accordance with the terms and provisions set fortt� on both sides he�eot. Compeny: _. _ - - - P O. Np. --- 5H1P T0- —. _ � Autho+lzEid Agcnt: x -- - -- --•• - ----- Tiue_... _ -� -- - - --- — ---- • qat.: _ _ _ - . — � ' Ptwes do �ol +nch+d� sates tu. Pric�s ��•"- � 1� snufKiv�en Co3t � us �ubj� W C�+^9� •• 7Fi3G - 2nd A�•e. Sa�tli Rk�o+�iington, .'�tN 5S-�2U (612) HA1-2055 IND SCii00L c}� �� K�l-4t335 Submitted To6000 W MOORE ?�?iKE DR �c'��s��tvarE � PAC� 100140 010638—SQ �, 46/a3/43 lO:SS AM „ Oate: �T 3 0 DAYS .. FRIDLEY MN 55432 Oelivery: J►TTN: DAV'E HARVET Terms: � . : ITEM QUAN. �,.. *.. .�� 2 �, 3 Z . - 4 ' . '1. : 5 1: 6 2� 7 � �i 8 1 9 1 io � 11 4 F.O.B.: MODEL � DESCRtPT10N . � . . CALa.C"7PiUL�Z�' T�IE.�!' : : • . �: . � • Al2Q0 �CBH AMIGA �1200 CPU � 1942� CBM QUAD SYNC PiONITOR W/ AUDIO � . , '. : •ST90g61� ° � : ALMQ� , 85I�18; ,2 .. 5" � •Ifl�� DRIVE � . � � . � � i 591.20�1=01 �.FCBM:.PARTS �AY200 HARDDRIVE_.�RIT •:. : INSTALIS . . INS�ALZS - SALES: � . . A1�23:04t�40 �G�1P A1240� ��401�i2> �ACC �882 4i�$` �RM . � S�1�i324MB GVP 4MB SIMM MEMORY MODULE � DC05006 MP DCTV EA0�.139 MP DELUXE PAINT 4 AGA TRAINS TRAINING — SALES UNiT PRlCE �'f07A1.` . : � :.3 :OQ 599.�00 599.00 370.00 3?b.40 .26�. oa:: : �. �:. � 2�6�..;00� � � 35.00 ' � .� 3'�.00 .��. 60�. oo: �z�b.�oo i. . • .. . . 58b: 00�' � � � : � 586`.�00 . : . � � ; � 'i,�oO f o0 �O}� � o0 1 346.00 346.00 x��.00 isi.ao � 75.00 300.00 ; , > > � .. - --- --. � � - - This proposaf as pre3�ti@ti t)ypAlpfi�a V'+deo +s ftrm uniil �� _�y��,_,�7E _ ��• s �30� �b � _ Ta� submn�ed gy- . _ WE HEREBY ACCEPT this p�oposal and agree to purct�ase the items as tisted abova arxf on any Contirtuatlo�t pages attached hereto in accordance with the te�ms and provisions set forth on both sides he�eof. Company- - . � P.O. NO. _. . . . - -- � SHiP TO' _ - •- --- — Au�horized Apent: x --- _. .� _. _ . �. r�b� � .. - ---- - - Y Oa�a: - • - - � _ - _____. . • 'PrK•s Ao na K+ch,Oe �� u, Prwes �ane+ n� D nuraclunrs cast �nd �n wOjsd Oo c►�� L MEMORANDUM . � � :T�J: : , . �. . � � � William W: Bur�sr City. Manager.. . � �.: . . . �. . .: �. � .: PW9�-382 .. : : . . '. ��_ .. � .. .. �� . ` �. .. . �. � �� . � .. � . FROM: John G. F1ora�Public Works Director � : � DATE: October 18, 1993 . � � , 'SUB:�ECT:� �. : Fire �T�aintn� Agreement. . . . � . � . =. ' ' : . � - ' ' . � . .' � . .�.. : . "�' . � .. . .. :. . :. . � .: . We have received an, agreement from Anoka� County �irvviding the City driveway and util�ty� . . � easeinents for access �to the Fire Training Facility. � . . � . . � • � � ' Recommend the City �Council authorize tlie Mayor and �City Manager to execute the � agreement in ordei to facilitate the use and construction of tfle F�id�ey Fire Training Facility. � . JGF:cz Attachment 22 � . •.. , AGREEMENT THIS AGREEMENT, by and between the County of Anoka, a political subdivision of the State of Minnesota ("County") and City of Fridley, a municipal corporation under the laws of the State of Minnesota ("City") does hereby state as follows: WHEREAS, County owns lands in the City of Fridley upon which Columbia lce Arena and adjacent parking lots are located; and �. WHEREAS; City �has, or is in the process of, constructing a fire training center located adjacent.. � . to and immediately .east .of the Coluc�bia lce Arena lands; a�d. -. � .. - � , . . - . . . . � . : . . . � ' WHEREAS; City has a�need to enter and exit on tf�e west portion of City property over the �. parking lot owned by the County; and � �. . ; � �� '.. WH�REAS, County�.desires ta: allow� such. ,ingre,ss� .and egiess upon�� its prop�erty upon � certain�.. •.: . , � �conditio�s;� and fuirther desires: •to grant.�a:sanitary sewer easement to City;" � � : � � • . : � � �� .'_ THEREFOR�E, it is�mutually agreed between fhe partie,s: '. �. . V � . - . ; -. . .. . . ' 1. CI'TY �DUTIES. � . . (a) City will construct a 20-foot wide asphalt driveway, in the location as depicted on Attachment A in a manner approved by the� County at its own cost. The installation of the driveway sha11 take into account drainage and other factors which may affect County property. (b) City will construct and install at its own cost a sanitary sewer to tie into the existing sewer at the location depicted on Attachment A without causing any damage to existing installed utilities. (c) City will use the ingress and egress easement in a manner consistent with use by patrons of Columbia lce Arena. Any additional cost to the City as a result of the use of the parking lot hy City, including repaving or reconstruction for damage, will be paid by the City. (d) City will indemnify, save, defend and hold County, as well as its employees, agents, and commissioners, harmless from any claim made by any person for the 22A � -2- negligent acts of City, its personnel, employees or agents, while using the ingress and egress easement described herein. COUNTY DUTIES. (a) County witl grant a nonexctusive ingress-egress easement to City over a designated portion of its property as depicted on Attachment A. � (b) .. _•.�County will grant��a: sanitary. sewer. easement to City;in :rY►e location as dep�cted ._•..:� on Attachment A. . . . . (c) County reserves the right to relocate these easements if there is a change in . � .._ . � . '.� . _ • � ; . : � - � • � .. : .� : ` crrcu�mstances which� • in,'the �ounty's�...opin'ion, de�m easement . retoc�tion � a � � : � . . - � . . . necessity.. � . . _ . . . : : : . � . . , . � . .� �� (d) �::County.shalI be.responsible for rio costs which.may be involved in.the installation. . ' � or use of these� easementis�. : . . - . � . ' - . . Dated this day of , 1993. � COUNTY OF ANOKA CITY OF FRIDLEY : Dan Erhart, Chair Anoka County Boazd of Commissioners ATTESTED TO: John "Jay" McLinden Anoka County Administrator David L. Torkildson, Director Anoka County Parks and Recreation APPROVED AS TO FORM: Anthony C. Palumbo Assistant Anoka County Attorney 22B By: Title: ��ayor By: Title: City Manager � (ocP�codrrct�are�u.) � � fVOLL�3S ,0 2i3d 1H9123 ,Z8'0 � 1 dld „9 '�� L9'd-b a��'' S hcd .,9 '.� '�9 � � "g 3 � � � , �oo� so��sa=�nNi S l� �0 a38 NO � c0 I' I � SS�dI� QL 13S Ol 2J3litlal s�, � � �, .� � W ° � � 10''° � Q1 � � N � �� v z � j� � �� O� 9L �i z � � � Za`no IfO e w� , m >I Q 11 �� > � � t z J>�'\ �'� �� v vwi I ` —J J �� U? d s v7l � Z . � � � � a� a �- Q w � �, F = W , c� � � .. � � � � _ � Q � . . ... � '�: � � . p �� 1W� : ,' ;I . . � . . � .. � . .� �� w�.. � . � � � .. . �:�. �'� .�� : , �. . . . . X ��. �. a� �.. . . . t'-' . w � � �' :r ° . � . , , � � � . .� . �i� . X '� a� a� � p � � � � ��. I .. � . I � _:i / • � .. ' 'n �n . . " . . _ �— :.—�_ - — -- ��-- . — �.-r — _ � r -�' ��.�, • . . . . � .. . . . . . .. . . �. �' i�. . . . . . � . ��;� � — — ��:_.�ZZ. . . _ � . . . �:� � � � : --1- � . � . . . � i � � _ ... . . � . . � � �� " �� - - . ; �.?�� t . _ �_ � .� r- . � . . : , . .�''�-�E3NT(5d�'7i- . = .— --. -�- — . . ,- ' — : . . ' — -- � ' � ..- � .:.: � .. � � . � �NOHd3��i .�.n` — — . -- — �'— — � J i�� l � � � I� - r� � �I � o � ..� o.. � . , Q � �; ' � �� ; � ; �� ' �: � � Q J � . � � �, j4 � ; � -�— -�--- --{- � ; Q X ,o � � � � w �, ; ; � I z ► � , : >., I �Qw � a�°, �� 3 � Q- � � � � � �o � w = � �y � Z � � 3�.� \\ � � � � z I'I —J � O Q w cn w =�_� � �� Q Q � � � `� O � Q � > > �:X J W L� � i m � �' � w v'�?? :w � ��Q� � � � z i� o:`%�, I� tl. � cr� � , � � � - � ,�, f- � .� N i J � X W . O Q � :` �,'s:; O� O i U �i �- �.,\ co ,— N �oo � s �y � �p _:, -� �� n u� �n — � ��__ o� oo � .'}. ) 2 !i � �/ � � �—'�Ui � O w i, �, � � �� Q�» �� zz z°� � , = --� �� ,, , . _ �n Z �� t�' �-� � �� . b � � '��'�l 1-� � � d 2 22C E��9ine::•�ng ;� Seuer � Y LV�ler Q � � �' P8tk5 � �i SlteetS V(� h1aintenanCu MEMORAIVDUM - .�.. � . . . � : . - �� . . . . . . . . . :" TO:. � . .�..',William 'Vt�. Burn$, City l�Ianager ;� . . ; .. . � � PW93-386� � : : . :� . � . . FROM: .John G. Flora; Public Works Director � � DATE: � October 18, 1993 . . .,. . . . . � : . �. . SUBJECT: . . •-Join�:Pov�er•s �Agreemerit ft�r EV�'� � ; : . . . . ; . . . • . � .�. �� We have received the joint powers agreem�nt from the Anoka Coua�y �iighway� D�partment �� '.. : for tlie cost of �installing the Emergency Vehicle Pre-empbon (`�VP) system (Optiaom): ,The �� .� .� �� agreement calls.for the Count��anii hc�spiial to share.in th� installatio� �of the signa� to.be �� located on Osborne Road and the main entrance to Unity Hospital. The City is to pay the � � cost of installation for the EVP system estimated at $8,640. Recommend the City Council authorize the Mayor and City Manager to enter into the joint powers agreement for the EVP installation on Osborne and main entry into Unity Hospital traffic signal. We will request off-system MSAS funds to defray the cost of this construction. JGF:cz Attachment 23 � ._ �.. � . v------ Anoka County Contcact No. JOINT POWERS AGREEMEh"T FOR THE INSTALLATION OF TRAFFIC CONTROY. SIGNAIS AT THE DVTERSECTION OF CSAH NO. 8 AND 'I�� MAIN ENTRANCE TO LTNITY HOSPTTAL IN THE CI'�TFS OF FRIDLEY AND SPRING LAKE PARK Project No. CP 93-26-08 THIS AGREEMENT is made a�d entered intp this ... �,day of'. ., 1993,. .. by and between the C9unty of Anoka, a political subdivision� of the State of Iviinnesota, Anoka County � Government Center, 2100 3rd Avenue, Anoka, Minnesota 55303, hereinafter referred w as the "County," and the City of Fridley, 6341 University Avenue Northeast, Fridley, Minnesota 55432, hereinafter referred to as the "City." � .. I .. , : . � . � .. . . . . . . � . W�T'TirSSEI'H: � " . ' .... , WHEREAS, the. parties to this Agreement desire to joifltly cause the construction: isf traff c- actuate�l control signals, at the intersection of County State Aid, Highway �CSAH) No. 8: and the� �nain entrance .fo Unity Hospital; and WHEREAS, the City wishes to include EVP at that location; and WHEREAS, the parties to this Agreement agree that it is in their best interest that the costs of said EVP project be paid by the City; and 471.59. WHEREAS, said work will be carried out in accordance with the provisions of Minn. Stat. § NOW, THEREFORE, it is mutually stipulated and agreed: I. PURPOSE: The County and the Hospital have joined together for the purpose of installing a tra�c control system at the intersection of CSAH No. 8 and the main entrance to Unity Hospital, as described in the plans and specifications numbered 93-26-08 on file in the office of the Anoka County Highway Department and incorporated herein by reference. 23A � II. METHOD: � The County shalI provide all engineering services and shall cause the construction of Anoka County Project No. 93-26-08 in conformance with said plans and specifications. The letting of bids and the acceptance of all bid proposals sha11 be done by the County. III. COSTS: ... _ :. - A: .'_ The contract costs�.ot' tbe `work, or if the work is not cantr.acted, the eost o�f all �� labor, materials, normal engineering costs and equipment rental required to�complete the�work, shall - constitute the actual "construction costs" and shall be so referred to herein. "Estimated costs" are good- faith projections of the costs which will be incurred for this project. � . : . ; . � B. . . The City .shall� pay�for�engineering'ser�!ices at_ a Fate .of eight percent- (89'0) of t�.g : .-• . .: , : , �� .�. , achial construction costs: . . . � � � � . � . � � � . � . . C. The total estimated cost.to the City is based on the.actual costs �of construction. . . .: � The estimated cost to the City is; � . . .� . . Construction (EVP) $8,000.00 Engineering (8�'0) 640.00 Total Estimated City Cost $8,640.00 D. Upon final completion of the construction, the City shall pay to the County, upon written demand by the County, the actuat cost of conswction and engineering, estimated to be $8,644.00. The City's share of the project shall include only construction and engineering and does not include administrative or other expenses incuned by the County. IV. TERM: This Agreement shall continue until (I) terminated as provided hereinafter, or (2) untit the construction provided for herein is completed and payment provided for herein is made, whichever (1) or (2) shall first occur. V. DISBURSEMENT OF FUNDS: All funds disbursed by the County or City pursuant to this Agreement shall be disburserl by each entity pursuant to the method provided by ]aw. ;(►� 23B , ,� VI. CONTRACTS AND PURCHASES: All contracts let and purchases made pursuant to this Agreement shall be made by the County in conformance to state laws. Vii. STRICT ACCOUNTABILITY: A strict accounting shall be made of all funds and report of all, receipts and disbursements � : ..� �� . � -shall be. made �v o� r ues�b �uher. � . . . .� � . � . . . . . . . P. � .. Y� P�� : . � . � .. . . . . . . • �. � - . .: . : _ : � , VIII. SIGNALIZATION POWER: . . The North Suburban Hospita! District shall, at its _ sole expense, install or cause the �� y��' 'in�tallation of an adequa�e electricat�ower�source to..tlie service:pad.or ppte �or the iriterse�tion of.CSAH �. .. •; .... .� . � .. . ..., . �. �. .• .� : . . . �.� . . � . � � : No:..$ �and.the .main Lti�iry �i�pspital� �entrance, includi�g any,neces�sary eztet�sions �of .power�jine's.` � Upon � � �� .� � � �completion• of said �traffic'�control.,sign�l..iristallation, th.e �ongoing cosf�af eTecfrical �gow�r �to� the signal .. ...- shall' �e at the soIe cost and..expense of the North Suburban Hospitat Dastrict: �. . �.�� , . � . � IX. MAINTENANCE.: � � . . . . ., . � . Maintenance of the completed signal and signal equipment will be the sole obligation of the County. X. TERMINATION: This Agreement may be terminated by either party at any time, with or without cause, upon not less than thirty (30) days written notice delivered by mail or in person to the other party. If notice is delivered by mail, it shall be deemed to be received two (2) days after mailing. Such termination shall not be effective with respect to any solicitation of bids or any purchases of services or goods which occuned prior to such notice of termination. �I. AFFIRMATIVE ACTION: In accordance with the County's Affirmative Action Policy and the County Commissioners' policies against discrimination, no person shall illegally be excluded from full-time employment rights in, be denied the benefits of, or be otherwise subjected to discrimination in the program which is the subject of this Agreement on the basis of race, creed, color,.sex, marital status, public assistance status, age, disability or national origin. -3- 23C s.� .l � XII. NOTICE: For purpose of delivery of any notices hereunder, the notice shaI[ be effective if delivered w the County Administrator of Anoka County, Anoka County Government Center, 2100 3rd Avenue, Anoka, Minnesota 55303, on behalf of the County, and the City Manager of the City of Fridley, 6341 University Avenue Northeast, Fridley, Minnesota 55432, on behalf of the City. XIII. INDEMIIIFICATION: . �� The.City and tbe Coun .ty mutually agree to.indemnify and hoid harmless each ottier from �.� �. � any claims, losses, costs; ezpenses or damages iesulting from the acts or omissions of the respective � officers, agents or employees relating to activity conducted by either party under this Agreement. � . � : `XIV. , .E�NTIRE AGREEMENTlREQU�REM£MT OF,A Y�iRI'F'ING: . : � . . . . � :. It is understoo��and ag=eed t�►at�the�entire ag�eemeni of the.g�rties. is contained hereia and ��:... -� that this Agreement supersedes all�oral agreements .and all negofiations between�rhe parties relating to the � .. subject ma�ter thereaf, as well as any greyious:aareemenY �resentty �in effect between.the paities relating .. .� : to the subject matter thereof: Any _ alterations, variatians or modifications of the provisions of ti�is Agreement shall be valid only when they have been reduce� to writing and duly signed hy the parties herein. -4- 23D 0 IN WITNESS WHEREOF, the parties of this Agreement have hereunto set their hands on the dates written belaw. COUNTY OF ANOKA � By: Dan Erhart, Chairman � County. $oard of Commissioners .. �. . , . . Datefl: � . . CIT'I' OF FRIDLEY By: Name: _ � .. Title: Ma.vor .. • � Dated. ATTEST . : . .• ., � . � � , • . : . . . � . . • . . . . .• : . : : B. � : . _: . . � . . : : .. - . • . � • " • - . . . . . `. . . . . : - . .� . •• '. . _ Y� . B. , . . . y:.. . . . . . . . . . . . . .� �. , . . . John 7a.y . � McLinden . � . . . : . � . . ' • . � . ' . . . � .. . . C n ou �Admirii r �y st ator , . Name: � . � � . .� � Dated: . . . . . . . ' Title:: � ��ty �lanager , . � . � . • . � . . I Dated: RECOMMENDED FOR APPROVAL By: Paul Ruud County Engineer Dated: APPROVID AS TO FOR11� By: Dan Klint Assistant County Attorney Dated: m��-.�c��d�;a.;vo —5— 23E ItE80LtirIO�J AU. - 1993 RESOI�II.'ION APPIiOPRIATIIIG MUNICIPAL STATE AID F[JrID6 Z�O A MUNICIPAI, OFF-SYSTII�i Pl�7ECP �s, it has been deemed advisable and neces.sary for the City of F�idley to pay for cost of installirig the �xgeix.y Vehicle Pre-eugrtion (EVP) system (Opticarn) on a proposed traffic control signal on Osborne Road and the main entrance to Unity Hospital. and _ ... �PiB, said construction proj ect plans aryd/or agreement shall be subanitted to the Mi�ota Department of Transportation State Aid Offioe ar�d ider�tified in its recorc]s as C.P. 93-26-08 arid MSAP 127-020-12. Nl7W, Ti�RE, BE IT RESOLVID THI4T, the City �il of the City of Fridley, Anoka County, Minnesota,.:that an appropriation froau the Municipal State-Aic� �s iri the aa�t� of $10,.00U �be made to apply t�oward tYie City ES�F �syst�tn construction .. � � . .. . .. . . . . : . costs ar�d request the C'oimnissioner of the Deparf�tient of Transportation ;to approve � this ap�r+opriation. � y�� • n • � � • �+r w i� •� n � • • w:�- w • - • t� r.� ; : r. � � • ' • • :i�- � WILLIAM A. C�NIPA — CITY CLERK 24 WILLIAM J. NEE — MAYOR . .. . TQ: � FROM: �[7:Gy� E^g+neer��8 Sewc� �LValer MEMORANDUM �� . William VV: Burns, .�i�,y Manager � �� . . John G: F1ora�Public Works Director October 18, 1993 PW�3-396. �� . . � �, � � � . �: Si7BdEC'T:. .. .: ,� � Loc<ke. P�rk �Filter: Plant Projecf Na.�240. � : . .�. � � � . '.�� . . , �...y � .. . - ..,-. . ...: . . :�� . �. . .:.. . � . On Wednesday, October 13, 19Q3,. we opened bids for the Locke .Paxk� Water Filter Plant, � �. ' I� Project:No. 240.. Twenty-four p�ans had been distribut�d. We received.seven bids. � . � Tlie low bidc�er w.as New Mech, �n�. from St. Paul, MN, with a btd of $693;000. � � -� Maier Stewart & Associaies is reviewing the bids and checking the references. I expect their recommendation on Monday to award the contract to New Mech, Inc. Based upon their recommendation, I recommend City Council receive the bids and award the contract to the low bidder, New Mech, Inc., in the amount of $693,000. JGF:cz Attachment 25 � �� . •, . : BID FOR PROPOSALS LOCKE PARK WATER FILTER PLANT, PROJECT NO. 240 WEDNESDAY, OCTOBER 13, i993, 11:00 A.M. PLANHOLDER BID BOND TOTAL BID COMMENTS New Mech, Ina 5% $693,000 1633 Eustis St . AtGance St. Paul MN 55108 Ins. ;� . Richrr�an Constructibn . . � � , • 5'�6 � . . � . . � �$7�12�,42Q � .. . �� , : : , �. : • .. � 7776 Alden Way � Etr�p. . � . � � . . . ... . . . . Fridley MN 55432 Mutual . � Egan Companies 5°� $729,000 7100 Medicine Lake Rd Gen. Acc. � . Minneapolis�MN 55427� . - . � . � . Ins. . � . .. : � . � Moorehead C�st. Co.� • . . ... . � �%� � . .� : . :$757';8�0 � , . �. . . . : � � . � . 2703 7 2th Ave S - � � � � Hartford � : . . . � � . . . . . . - Mooretiead MN 56561 � � - � Casualty : � � � . :. �. ' � �. � � C,ridor Cor�struction.. � � . � .5°l0. : . . . .. $793,7Q0: • . . . . . : . . � 1886 Berkshire l.ane �� US� � . . � . � . : . . _ � � Plymouth, MN 55441 Fideiity . . � . Shank Mechanical 5% � . $819,800: 3501 85th Ave N St Paul Fire Brooklyn Park MN 55443 & Mar. Lysne Construction 5% $870,300 107 5th Ave SE Gen. Aca Bloomington MN 55420 Ins. � American Ductile Iron Pipe NO BID 12112 Lynn Ave S Savage MN 55378 Automatic Systems NO BID 2400 W County RD St Paul MN 55112 Bacon's Electric NO BID 6525 Central Ave NE Minneapolis MN 55432 DAVCO, Inc. NO BID 70 W County Rd C, Suite 704 St Paul MN 55117 Doody Mechanical NO BID 520 Front Ave St Paul MN 55117 25A IOCKE PARK WATER FILTER PLANT, PROJECT NO. 240 PAGE 2 PLANHOLDER BID BOND TOTAL BID COMMENTS Fabcon, Inc. NO BID 6111 W Hwy 13 Savage, MN 55378 Larsco, Inc. NO BID � . .� 918 2nd Ave S � � - . . Anaka MN:.� .55303 . : .. . . .. . � .. . . , : . ' . . , . �Layne Minnesota� : � . NO BlD � � � � � � 3147 California St NE Minneapolis MN 55418 Minnesota Pipe & Equip � : NO BlD, . � 7965 215th �t W �� : . . . . . . . . . . . . ' . . . . . � � . � :l.akeville� Ml�, ��.044 . . ' . : . . . : .. ' . - . � ' � . . . . :. ' : , ' ; . N�orthwest Nlechanicai; Inc� : � - NO BID. � � �.. _ _. . . . � . � � . . 432 �Mill St . _ � : . . . : Long Lake MN . 55356 � • . . . . ' . ' . . ' : : Parsons Electric Ca.. . . .NO BID � �. . � � . 917 Fifth Ave.S � � � � � � � Minneapolis MN 55404 Plant & Flanged Equipment NO BID 4000 - 85th Ave N Minneapolis MN 55443 Tonka Equipment Co. NO BID 13305 Waterfower Circie Plymouth MN 55441 Twin City Electric NO BID 10724 Morgan Ave S Bloomington MN 55431 Vessco, Inc. NO BID 6860 Flying Cloud Dr Eden Prai�ie MN 55344 Water Pro Supplies NO BID 15801 W 78th Street Eden Prairie MN 55344-1894 Watson-Forsberg NO BID 1433 Utica Ave S Suite 252 Minneapolis MN 55416 r : � . :� TO: .. •� . FROM: DAT'E: E��g�ncenng Sewcr .titiler f�arKs Siree;s Vlaintenanca MEMORANDUM William �V: Burns,� City'Manager:� .� �''�� . . John G. F1ora,�Public Works Director October 18, 1993 _ . .. PW93-347 = • ; � �: � � .�. ` : : �. S�I$JECT': : .: �R�ceive. ,�nd' A�uvard Contr-act f ore Sic�e�ivalk 3gowplow . : : .. . : - .. � . . . . �The sidewalk snowplow bids wete received a�d rejected at the Coun�cil meeting of October . 4, 1993. .The two companies whQ previousl}!�submitted bids receiveda'n�w'sp�cification and , .� a�notic� ta�submif bicts on October 13, 1993, allowi.ng�both machin�s�to meetspecifications. � The Trackless MT bid by McQueen Equipment, Iuc. was low bid after trade=in of the Pony sidewalk plow for $38,500. Also, the lease purchase payment schedule is lower at $14,572.29 a year. The 1994 Public Works budget has $18,830 and the first payment is not due until January, 1994. Both machines were demonstrated and driven by Fridley operators. Both machines operated satisfactorily, but the Trackless MT was favored in a number of areas. Recommend that City Council receive and award the bid to MacQueen Equipment Co. for the Trackless MT Sidewalk Snowplow in the amount of $14,572.29 a year for a three year period starting in January, 1494. Also, MacQueen bid on an optional two-way radio at $499. Recommend Council authorize purchase of the radio with the first lease payment in January, 1994. BN/JGF:cz Attachment 26 � r�. '� October 14, 1993 Page 2 BID OPENING StOEWALK SNOWPLOW AND ACCESSORIES WEDNESDAY, OCTOBER 13, 19913, 11:00 A.M. 26A .� . .I � �� _ -, i�. 1 1 � � �� 1 � � � � � (, �l mli�i�C1 �s�lC'�O� ,�_,� 1 � `- _ �� ' -�f �: -�� t .. . T.;. ,.: �Si ::� y . �� . `i ^ c ' + ��v`- �Y �� —. , . -- � : . �z• r• � � 1 s � r�; w�'.:, � _ 4 .��; ti „ .. . ,,� , .�. � � �: �° -- ' � - �ii',� e - . . . r 3� . � �`t� a ��` / i�..' '�3?��t� .... - �,` Y �. � . . .. .... � . . . ' .� — � •�. . . \; _ : . ! . t ��i� . , _ �_�� ` .� . �..;: • t� � ' - - ary� `_�. - � . ,, �ii1 ti; ,-��-Sh ,.�y� � • :� . � i! . r S s } � +a, . . ! rr .;�� i .. ti t -'` -'�S. - _ ....�Lt . - 1'� f' . � ,,, �� r � :. .�.;' - .: �`� r-t r-r -� x. ��Y�',�.'SY'^+i;i.�� _ -- ' ..' � � .��-_...�:y _ � � � i�{.V f �}�s ;: � � �'iy ;+�!;.7�" � � �4'bF�Ci-'w5��`�iy� ir r+ t:�.� 4 `iT"Fy\ 54�-.r_S �''t�'�`�,� . f � +'rir�. ��t .,�h' . �1' t 5,•�:� N �;Si4'�+:• ,, 3.- .. � �� :/.+�, w�,.,,. <; ;�-..:._,:-,a,. �--:�� t :x ,, � +� 4 y..�y�'i �,�..��.��+' �... � ' .I ✓y � ( . ��: �y � ; . l �`�'' �. I �. � . /,. . . , . .. _i . r �� . 1 � } ��-0 _ 2S — �. z ,..: _;..� ' - r � A � . ..__ ... . • � � _ � ! :+f'-� �-'�� _ . 1 Z q�� : . , �w '�' �'(� ��-v�"'�I,� , (•• � � � t'`� � /� . 4 � �a i 3 �;Jf� A NEW ADVANCED DESIGN FOR MAXIMUM PRODUCTIVITY, SAFE�'V A OMFORT FROM THE LEADER I . = MUNICIPAL TRACTOR FIELD ,��,;p.� _ rrackless Snow Blower is a highly �� ient `NO stage, twin auger unit that has no �� a� �r emoving snow from sidewalks. :�°:�' avaiiable in two widths, 51 inch and 70 ��'��: h, goth wilf accept either a sidewalk chute :;. • a quick change truck loading chute. Many . s� nicip�lities utilize both chutes with their w blower. After clearing their sidewalks, �, �hange to the truck loading chute to load �rov d snow from the street or from cul :wpoint, sho sac: n both cases the maneuverability �d controls phy�ical size of the MT and blower are ' ounted - apt to create traffic congestion than due to the � Qr snow b(owers. An average loading time to guide the the MT and snow blower is 7 yards per �rall heavy duty construction includes 3/8 h th+� �c sideplates, a double wall impeller �sin� �nd a 15 inch diameter bearing �emb � for smooth aecurate chute rotation. h strength, low alloy steel augers with ice ks and a heavy duty balanced impeller, ;i(y handle the toughest snow co�ditions. snow blower is manufactured by ,;- coupler to suF ckless Vehicles to ensure that the ualit '.�er spray bars. . Q y ser �ce parts availability is equal to that of MT ' :ylinders lift -�ments. �Y,LESS �UICK r, and quic�. to - rnents. -�ot allow a;tac -, y sideways. �.t.o. :; m. : spline -n a jack in _, to add an xtra amper� ��sideration :�. alternato itive and accurate steering of the blower in fined areas and around obstructions is to the articulated steering of the MT. The 'ty to move the blower sideways by simply ing the steering wheel allows the operator afely approach any obstruction. F� �iHER EVALUATION A Of�a�TRATION MAY BE ARRANGED "'��ATIONS: �� 51 "�•,,:.� x 33° high with 3/d„ end plates. = 2- 1: �iz:rneter Spiral with ice picks. 6" .. _ — 3 blade- =- nr � ; linar_ 2 Piece (replacaable)- ,��Ir, � . ....ring. " '� :�1c:�,i!ic mOtor And chAin_ � !i��ir�:ulic cylindcr controllc�l ; ra�.P.l�-� �_ � 3 a�� hardened U'evorsit�li) ',r,lt� Ur ��iq�r drive and inain I'_LO. drivc `:bin Cu"c� ; h�iyliL Ue,iny tpl� liiik '.h�ulr:.. • .,. � r;:i<linq ��hut�� t 1 cic:n:�nc�r '� .0 26C � Truck �oading Chute I Sid2walk �I Chute �' —�-- i 132 (3353 mm� 'i 91" ,2311 m - �- � y � Submitted by Department , Public Works. John G. Flora CITY OF FRIDLEY Attachment B Budget Detail Form Budget Year 1994 Division STREET, PARKS. MECHANICS . ... • . , �. . � Dollar � . .. .. .. �. . � .� . . Account . Amount City Manager's . . No. Description Requested Recommendation Inc.JDec. Over Last Year : . � 4341 Rentars ��: _ � . . • . �� 20,290 . .. .. . . . . . . . . � �. • � .. Total _Budget �. . .. . , � , . � Requested . Council`s Decision � : � . � '. . 26,680 .. � � � . ' I .: Justification: Satellite rental—satellite 49'er 1250 Cy{inder rentaf Portable compressor Equip. rentals (brush � sod cutter) Lease Agreement Sidewalk Snowplow TOTAL $5,850 Recreation Dept. 300 1,000 700 18,830 � $26,680 26D 6 MEMORANDUM 27 En9�nEer�ng Sexer w�ie� Parks Sl�eets Maintenante MEMORANDUM : . .. TO: = . . � VVilli W Bu �� . • . . _ , . : �: i'W93 398- • ° . . . . . . . am .. ms, .Crty �Manager . . . . . . � ' � � .. ,�,; � . �: .. . �: . FROM: John G. Flora, Public Works Director DATE: October 18, 1993 � ' . . � �LJBJ�CTt-� � � , Ghange: Orde�r I�o, �2 to� Twin City Army: Ammunition Plant Inferconnect� ��. � � � . , . . . _ . .'. . . � L- ipe; .Proj�ct No.� �48 . . .- . . .. . • . . :. � . : . .. . , . � . � . . �_�, Kenko .Company is pro.ceeding on 64th Avenue with the waterline installation. The sYreet .� � reconstruction is scheduled to follow. Accordingly, in order to �inaximize the effort and . �� minimize the cost and disruption to the new street, we propose to incorporate the storm water system and catch basins into the street reconstruction portion of the project for future connection to the proposed storm water improvement. A change order is being processed to Kenko for the storm sewer pipe, catch basins and manholes associated with the street portion of the project. The change order for this portion of the work is $41,903.80. This change order will be a City funding responsibility as it is incidental to the TCAAP waterline construction project. Funds for the work can be obtained from the proposed storm water project when it is approved and assessed or from our storm water fund or street maintenance fund. The additional portion of the 64th Avenue storm water project, e3ctension of the pipe from Mississippi to 64th and from 64th to Central Avenue outlet as well as a detention pond on the Harris Pond ditch, will be dealt with as a separate project. It is proposed to submit the concept for the detention pond to the Counail at their November 1 meeting for review and comment. The second portion of the project is scheduled to be presented to Council at their November 15 meeting. JGF:cz : �� .. �, . � CHANGE ORDER (Instructions on reverse side) No. 2 PROJECT: Fridley/New Brighton Inter- DATE OF ISSUANCE: October 13, 1993 onnection, TGAAP Interconnection Pipeline OWNER: City of Fridley (Name, 6931 University Avenue NE OWNER's Project No. 248 Address ) Fridley, IyIId 55432' CONTRACTOR: Kenko, Inc. ENGINEER: 1694 91st Avenue NE Maier Stewart and Associates, Inc. Mpls., MN 55449 1959 Sloan Place, Suite 200 . . . St..Paul,.MN. 55117._ • . . CONT'RACT FOR:: ` Fridley/New •$r'ighton • : � , . ,: • - . •� _ . . ` . . . � • �Interconnection,'TCAAP Interconnection : ENGII3EER's Projeet No. 685-004-30 .. 'Pipeline Xou are directed to make the following changes in the Contract Documents. Description: Add.storm sewer construction on 64th Avenue per the attached plan sheet: • . � ' � . - '. . . . , ' . . , � : . Purpose� of Change Drder�: . To: .allow .sto��tn� sewer i�nstallation p,ri��X to street� ; � �. - .reconstruction. . • . . � �- : Attachments; (Lis� documents .supporting change} 1. �PZan sheet for "Ci.ty.of �•� Fridley Storm Sewer Iinproveme�ts.-.64th Avenue between 'Central and Arthur" ' �� 2: � � Schechii�e of. Quantities and� Values . : ' • , � - . . . . . CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIME: Original Contract Price Original Contract Time $ 1,425,081.22 October 26, 1993 days or date � Previous Change Orders No. 1 to No. 1 Net change from previous Change Orders $ 20,357.13 --- day� Contract Price prior to this Chanqe Order Contract Time Prior to this Change Order $ 1,445,436.35 October 26, 1993 . � day� or date Net Increase of this Change Order Net Increase of this Change Order $ 41,903.80 --- aay� Contract Price with all approved Change Contract Time with all approved Change Orders Orders $ 1,487,340.15 October 26, 1993 � dayn or dato RECOMMENDED: APPROVED: APPROVED: By BY BY Engineer Owner Contractor - EJCDC No. 1410-9-B (1983 Ed'ztion? CO#2-685.004 28A �. SCHEDDLE OF QIIANTITIES AND VALIIES CITY OF FRIDLEY STORM SEWER IMPROVII�NTS 64TH AVENUE BETWEEN CENTRAL AND ARTHLTR � Item Qt� 1. 15" RCP Class III . LF �• . . 2� � �i•$�r ��tC.`P� C1.�SS� �IYI . •. �LF ` 3. 36" RCP Class III LF QtY SS 30� 370 IInit Price Total Price $ 20.60 $ 1,133.00 � �. .. 3O�.�bO � � �'9'OQ:OQ 60�.00 22,200.00 4. 15" RCP Apron EA 1 600.00 600.00 ' . ' . ... . 5., .. 2��7,"�'�.x •36." .Tee.,Riser.,�� . � � EA' .. .:2 . �. ��.;.734..24�� ' �.��;�.46.8�:48 � : . . .. �. . . : .. . . . � ans��. Cast�ng� .� � . •: _ � . . . . . . . , . ' ' , . . : : � � � .: . . , . . .�6.. � 72" Dia: S:to.rm.Manhole EP,, . 3 .. ��`,000:�00 �. 9,U00.00 ��.� ., . � � ( 0-8' � Depth) . . � . � . . . . .. . ° . 7 . � � �.. 48"� Dia . � Catch�� Basir� �� EA �� . �� `3 � 1,.0 65: 81' .� �,-197 . 43 �:... . �'` ' � � with Casting � � � � . . . 8. Relocate Existing EA 1� 1,404.89 1,404.89 � Hydrant to North Side i of 64th Avenue TOTAL coarz-�ss.00a 286 $41,903.80 TO: WILLIAM W. BURNS CITY MANAGER r�V � � . � FROM: RICHARD D. �PRIBYL FINANCE DIRECTOR HOWARD KOOLICK ASSISTANT FINANCE DIRECTOR MARY SMITH ASSESSMENT CLERK. SUBJECT: �� . itESOLUT�ON CONFIRMING ASSESSMEIVT FOR STRE�T IMPROVEMENT PROJECT NO. STREET 1992 - 1& Z DATE: OCTOBER 12 1993 ��_ Attached you�will� find�tlie�resoludon confir�ning �ssessment.for Street�Improvement Project � � � IVo. �Street 19Q2 = 1 &� 2. . : . � �. ' � . � � This project consists: o� unproveinents an Rice Creek Terrace, 67th Avenue, Hathaway Lane, Hillwind Road, Rice �reek Road, Gardena Street, Main Street; West. University Avenue Service � Drive, �Moore �.ake Parking �Lot, : Riverview � Heights Par�ing Lot, City Overlays and � driveways. � The total cost of this project is $1,256,255.08. Of this amount, $825,731.99 will be paid from the Capital Improvement Fund - Street Division and $87,952.29 from the Parks Division. The sum of $134,117.07 will be assessed to the residential property owners. The amounts will be based on $7.70 per front foot. The amount of $208,453.73 for West University Avenue Service Drive will �e assessed against Wal-Mart Stores, Inc. These assessments will be levied over a ten year period at six and one-half percent interest. RDP/ms Attachment 29 RESOLIITTON NO. - 1993 RESOLUTION CONFIRMING ASSESSMENT FOR BTREET IMPROVEMENT PROJECT NO. STREET 1992 - 1& 2 BE IT RESOLVED by the City Council of the City of Fridley, Minnesota, as follows: 1.. The.. Ci.ty.. Clerk has- �with .the assistance .o.f the engin�exs .� . � � heret�ofore selected by this � Council fo� •stiCh purpose., .. �� calculated the proper amounts to be�specially assessed for`the STREET IMPROVEMENT PROJECT NO. STREET 1992 - 1& 2 in.said City against every assessable lot,,piece, or parcel: � . of lahd in .accordance.�.with �th� ,proviSions of ��1�aw, �:and . has � -.. . prepared �. �and �iled. �with -the C:it�. Clerk ��ta�ulated �statemerits: � � � in duplicate.showing�the proper.deseription..of each and every.� � Iot,�piece, or parceT of land to.be�specially assessed and the amount calculated against the same.. ; � 2. Notice has been duly published as required by law�that this Council woul.d meet in regular session at this time.and.place to pass on the proposed�assessment. 3. Said proposed assessment has at all times since its filing been open to inspection and copying by all persons interested, and an opportunity has been given to all interested persons to present their objections, if any, to such proposed assessment, or to any item thereof, and no objections have been filed, except 4. The amounts specified in the proposed assessment are changed and altered as follows: _ 5. This Council finds that each of the lots, pieces, or parcels of land enumerated in said proposed assessment as altered and modified was and is specially benefited by the STREET IMPROPEMENT PROJECT NO. STREET 1992 - 1& 2 in the amount in said proposed assessment as altered and modified by the corrective roll in the amount set opposite the description of each lot, piece, or parcel of land, and that said amount so set out is hereby levied against each of the respective lots, pieces, or parcels of land therein described. 29A Paqe 2- Resolution No. - 1993 6. Such proposed assessment as altered, modified, and corrected is affirmed, adopted and confirmed, and the sums fixed and named in said proposed assessment as altered, modified, and corrected, with the changes and alterations herein above made, are affirmed, adopted, and confirmed as the proper special assessments for each of said lots, pieces, or parcels of land respectively. 7. 8.. Sa�id assessment so affirmed,_.adopted�.and confirmed, shall be certified� to by� the City Clerk and�� filed� in �his office and �• shall thereupon be and constitute the special assessi�ent�for STREET IMPROVEMENT PROJECT NO. STREET 1992 - 1& 2 The amounts assessed against each lot, piece, or.parcel of. �.land shall :bear_ `�,nterest .from the� date.- Hereto. unti�. the :salne• � . `have��b.een paict::at�.f:he.:�rat� of�.sis �r,tail..:one:'�al��(d, :1/2.?k)��.er. .��. .•. � -. cent � pe.x� �annum. � � , - � . . � . . � � � 9. Such assessment shall be payable in ten (10) annual � � installments. payable on .the . f irst day of January in each year, � beginning in.the year 1994, and continuing�until aIl of said � installments shall have been. paid, each installment to�be � collected with taxes collectible during said year by the County Auditor. 10. The City Clerk is hereby directed to make up and file in the office of the County Auditor of Anoka County a certified statement of the amount of all such unpaid assessments and the amount which will be due thereon on the first day of January in each year. PASSED AND ADOPTED BY THE CITY COIINCIL OF THE CITY OF FRIDLEY THIS DAY OF � 1993 ATTEST: AILLIAM J. NEE - MAYOR WILLIAM C. CHAMPA - CITY CLERR r • . TO: FROM: 3UBJECT: DATE: WILLIAM W. BURNS CITY MANAGER '- • v� RICHARD D. PRIBYL FINANCE DIRECTOR HOWARD KOOLICK ASSISTANT FINANCE DIRECTOR MARY SMITH ASSESSMENT CLERK RES.OLU.TI�ON CONFIRMING ASSESSMENT FOR T�REATMENT AND REMOVAL OF TREES 1993 OCTOBER 12 1993 �-�Attached you .will��ind tlie resolution conf�rit�i�g��assessme�t .for Treaiment ani��:Remova� of �� Trees 1993. 'There iS �one ��roperty to be .assessed for this and �an assessment �agreemenf.was � signed by� the owfler: The to.tal cost for this is $606.49 and will be spread over a five .year period at six and one half percent interest. RDP/ms Attachment 30 0 RESOLIITION NO. - 1993 � RSSOLIITION CONFIRMING ASSEBSMENT FOR THE TREATMENT AND REMOVAL OF TREES 1993 BE IT RESOLVED by the City Council of the City of Fridley, Minnesota, as follows: 1. The City Clerk has with the assistance of the tree inspector heretofore selected by this Council for such purpose,� .calculated the Proper amounts.t� be•specially assessed. � : � . Fbr ttie �� . . . . � • . . � . . .. . . . . � . . TRFATMENT AND REMOPAL OF TREES 1993 0 in said City against every assessable lot, piece, or parcel of land in:. accordance with, the provisions� .of law, and has .,. . . . prepa�ed :a�d�� f.�led. wi�h Lthe, Cit�. Clerk �.�abulated�� tatements��' . • : . ' � �. in dupl�eat�e,:shc�wing �the �pr,oper� descriptio� p� ��each arid every '.: �� ;.:: - .� .4 � � .� lot,�::piec�; -or ��parce� c�f lar�d� to _be .spec.�:�lly� asseS��d.�and :: � �. � the amount calculatec� against .the . same, � � . � , '. � . � 2 . � Notice • has: been �duly pub.lished .as. . re.quired by �law. that• this . �. . . � �: Council �would� meet in regular session at this. time. �and�.p��ace � : to pass on the,proposed�assessment.� � �. � � � � 3. Said proposed assessment has at�all times since its filing been open to inspection and copying by all persons interested, and an opportunity has been given ta all-- interested persons to present their objections, if any, to such groposed assessment, or to any item thereof, and no objections have been filed, except 4. The amounts specified in the proposed assessment are changed and altered, as follows: 5. This Council finds that each of the lots, pieces, or parcels of land enumerated in said proposed assessment as altered and modified was and is specially benefited by the TREATMENT AND REMOVAL OF TREES 1993 in the amount in said proposed assessment as altered and modified by the corrective roll in the amount set opposite the description of each such lot, piece, or parcel of land, and that said amount so set out is hereby levied against each of the respective lots, pieces, or parcels of land therein described. 30A PAG$ 2- RESOLIITION NO. - 1993 0 6. Such proposed assessments as altered, modified, and corrected are affirmed, adopted, and confirmed, and the sums fixed and named in said proposed assessment as altered, modified, and corrected with the changes and alterations herein above made, are affirmed, adopted, and confirmed as the proper special assessments for each of said lots, pieces, or parcels of land respectively. 7. Said .°asse5sment so af�irmed, adopted, and• confirmed •s�ia�l be: . . certified �o by the City Clerk �and filed�� ir� his office and shall thereupon be and constitute the special assessment for TREATMENT AND REMOVAL OF TREEB 1993 . 8.� The amounts ass.essed .against every lbt, piece, dr parcel. af �. .� . land �shall . bear intere�st �from- the� date • hereof. uxi�til the: � same .� �. •� have been paid � at . the - rate : of s ix � arid one .� hal f� �( 6 1% 2.�_� }� �". , � percent per 'annum. . . , . . : 9. Such assessment .shall be payable .in five (5) annual installments payabTe� on the� f�rst day of January in ea�ch year; � beginning in the year 1994, and continui�q until all of said installments shall have been paid, each installment to be � collected with taxes collectible during said year by the County Auditor. 10. The City Clerk is hereby directed to make up and file in the office of the County Auditor of Anoka County a certified statement of the amount of all such unpaid assessments and the amount which will be due thereon on the first day� of January in each year. PASSED AND ADOPTED BY THE CITY COIINCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1993. ATTEST: WILLIAM C. CHAMPA - CITY CLERR K1: WILLIAM J. NEE - MAYOR TO: FROM: .�..SUBJECT: � DATE: WILLIAM W. BURNS, CITY MANAGER (� �' � RICHARD D. PRIBYI,, FINANCE DIitECTOR HOWARD KOOLICK, ASSISTANT FINANCE DIRECTOR JUDY �VIELI�AM, UTILI�'Y BILLING �CLERK : . � ....: , � . �CERTIFICATTON O� DELINQLiENT UTILITY�SERVi�CES �� October 14, 1993 �.�� . A�ttached. is a rESOlution. fo.�. th� :pur�ose: of'.certifying. delinquen�. utilit�: accoitn�:�to.�Iie:� :� :'.� . . Cou nty� �or collection witli �e : taxes.: �m tlie� year 1994: . �.. : . . : . � : . . . . : . : . - . . �� All property oivners .have' been notified -that the . utility bills �are being certified to �the� County and have been given adequate opportunity to pay .the bill. `'Tl.ie penalty. showai� on �this..resolution �is in addition �o the regular�penalties that accrue on the utility�bills:..Due . to the econ�omy and other�factors outside of the City's control, the�nu�iber and dollarvalue � of accounts has increased over last year, however, we cannot be sure of the final count or dollar value until mid-November since property owners have 30 days after the adoption of the resolution to pay without penalty. RDP/me Attachment 31 . .� �i RESOLIITION NO. - 1993 A RESOLIITION CERTIFYING CERTAIN DELINQIIENT UTILITY SERVICES TO THE COIINTY AIIDITOR FOR COLLECTIONS WITH THE 1994 TABES WHEREAS, certain utility services for the City of Fridley are delinquent in payment, and � .� ��`WHERE�S,' Chapter 4p��, Water� a�d ��5ewer��Adm'ir�istration,. Chapter. 1.13,� - Soli.d Waste Disposal and Recycling Collection, Chapt.er 2.16,�Storm. . Water Draina�e Utility, and Section 1.02 of the City Charter provides for the certifying of delinguent charges to the County , Auditor for collection with the taxes, and �• NOW,. _ THER�FORE ��BE IT RESOLVEA, � that the . City Clerk is .: hereby .. � •� authoriz�ed -�.�nd directed� to certify.� the followi,ng char•ges. �t�o the. '. -� . . . _ . . �� County Aud�:tor �or� collectiori. witl�.�.the 1994: taxes .dti�e: a�id. payable �� . in the year i994, tv wit:: � � : . . . All these noted in�Exhibit "A" attached.hereto and made .a part � h�reof by reference.� . . . � PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF�FRIDLEY THI5 DAY OF , 1993. ATTEST: WILLIAM J. NEE - MAYOR WILLIAM A. CHAMPA - CITY CLERK 31A a � _ m _ x w MM �O �t�f1 �Oy� O� Np� OM N e-'�p 1A�p In �O O!� ON �p a0 1�p 1f� 1� �t P�y u1�} �O�p �p� f� � IA I� O -� �ONIAf�f�I�P�00��O�A�p00M001�C01��tU1�TO�tCOe-CO�t�f1P1A�tP�tM�tOU1�O�ONOPaOUfM � F 1f\MM�000�yM �} �OO�O/�N r��}OUIIAONp. V�p �pY10��p O�Oe�.-�p IA01ff�Nlf��O�} M � �NMMM�ONW�f��-OOI�ON�NI�O�COMNOYSI�I�f�MM�} f��tMN�tp, OMNM CO�O�/�fIDO . MNMMMMNNNYIM�N�tMY�M�f�MNMMMMMM�TNNM�tMN�NMMMM ' ' � .p pp � CO O IA�p fp, Md t� �n �O�p �f' N r�p �O CO M �n ��Y1 O� �p��p�p(� �t O �p .N (V iD 00p� �O..p '1� �• . , � � O� 1� *O O� CD �YCO rA:l� N�i0 � a0 N CO N+O CO �O If1 A N � M.O M Y►1f1 P f� �O�f:i.� O� IA O� `Q,r'�t �f N O� N P 1A� . ..+ 'tnM�nO00.tO�.v�.fM00.t�na00u�CP iOMOf�Ne-�O�fY1'000��y �OCO.-�OWPP��OO��n,�} .ff� � . 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WILLIAM W. BURNS, CITY MANAGER �G �Yr� RICHARD D. PRIBYL, FINANCE DIRECTOR � �; CERTIFICATIO�T� UF �DE�:iNQU�NT i�t"EEIT �GHAR6�S •TO THE : .. . :: . COUNTY FOR . COLLEGT�ON. ... .�. .. � . . ' . . . . . , . � . .. . DATE: October 14, 1993 � � The�attached resolution is �or:�the. purpose.of certifying unp�id weed cuttirig.aharges�tb the �-� �.. ; . . � .:County�.f�r:�couection'v�itfp the taxes due in.'th�..year 199� .(one �mstallment): . . . � � � �,acli property ovv�er vvas �illed �nd a reminder was sent . The �last .notice sent �to each� ��. : � � � � property owner stated. that� if the bill. remained unpaid, it would be .certified .to the county . �' � ,and. a �15%.� penalty would be �added. � . . : � � � . . RDP/me . Attachment 32 � I RESOLUTION N0. - 1993 RESOLUTION CERTIFYING CFIARGES TO THE COUN7Y AUDITOR TO BE LEVIED AGAINST CERTAIN PROPERTIES FOR COLLECTION WITH THE TAXES PAYABLE IN 1994 (VIIEEDS) WHEREAS, a nuisance condition has been found to exist on the lots listed below; and WHEREAS, the owner of such property was given notice to abate such nuisance; and � WHEREAS, the owner of such property did not abate�such nuisance and the City. . _ � -o�f �� Fridley, • � under � aattiority . ofi : section 18: 271 �li.r�r�esota State �Statutes . of _ � . . 1.988, did therefore ab�.te., the nuisance at .:a total..of. $1,316.75. . .. ... WHEREAS, the City has previously contacted each of the ow�ers of the subject properties, more specifically identified in Exhibit A� attached hereto and made a part of this Resolution: . • � .< P�tSSED :. AND� .ADOPTED .BY THE �CTTY-. COI�N�i�. OF:: TNE: CITY QF ..FRIDLEY : THIS. �_� TH � QAY � OF OCT,O�ER, . i J93. � . .. � . . . . . � . � . . . � . . . . , . . �. � . . . . . .. . . � WILLIAM J. NEE -.MAY R . ATTEST: .. , ['�'i��_1�►P_R�3:/_��]_Q�i�'ta��:l: 32A . . ,1 : , . � � . . �.. . . I: , . . I . .. : z M z � �� o � � ��' � Q °z � � o 0 �� x a 0 x a h V1 Yf V� V) N V1 O V1 Vl V'1 V) �A l� i: l� l� I� [� � V1 !� l� l� i� [� t� ao t� t� l� t� rr iri t� 00 [� t� �C � O� O� O� O� O� �� O� O� O� O� � � .--i 49 h N � z o � � � �z . H A o� �� : �.N�..o�A� . . . :. .z..�.� � � ��:� �� . . : � � . � . . _ . : . .�.3 0. :: . � �.a.� �.H.� ��.. .. .. � ..��.. .. �... . . . . ��:A� o��,�. � . . � � a�a� �A� ��A� : �Q�. A��. ��.��..� . . . : . . .. ' .N. � �N� �. � � .ac. .. .� � -� . •. ` . . ' � ' - . � . � �a.�x.� � �� . a � .; � �:� . . , . :�� `� o `° . ... .. . . . � � . . � � �. � �. �� 5�:�. :� . � � -� :�: . . . . , . .. . .. . . . � o�N� ' � � '�'� N �: � : i�a �l s N �p � cy • . ' . ' . � , . . � �t3 `� . �� 0 4� ao � w '.� Ty � � � � • ' '�-+ �. ° �:: � tl oo O vi � � � : - . • v� {.�''.�� v� Q �„�n,� : '" F' '' F [.N.�� [.v�.� � . � . , ' ��°S�QS�.��.SS� � �� .. .:��.�.. �� . �' a � y � � - x a� �� , o�>o > A �� . � ��.:�� :�� _ ��A 30�� oox � � �o�� z¢��¢� ;oow ¢ oaaa�o �.-lUq �� aa�� Q SU�.-� I .-,oxUUpw � > v � `.�° � h v > > oa.� n �� 8�8��0 � � � �_ � � � � � � � � cN�l N N� V�' � M M M N et N I I I 1 I I I I I I I I N N N N N N N N N N N N � � � � � � � � � � � � O O O O O O O O O O O O C�: (^. C: t+; M M t^. M M M M, t�: � � � � � � � �p( � � � ( O� O N O� N N N�� ' 32B _ I //bi,' 8' „��\\l �// \\\� � � � ,. ��, . \ ��zr �� ... POLICE DEPARTMENT City of Fridley Minnesota DATE pCTOBER 14, 1993 FROM DTR . TOR SAT,T,MAN SUBJECT ' � � ' POLICE HIRING � .. . . SOPPLEMENT PROGRAM MEMORANDUM TO CITY MANAGER INFO X � .' � Attached is a� .resol�ution �for � tfie �October I8th, 19.93 . City . Council . � , . � meeting :au'�ari.z�ifi+g participation �r� •the =U �. S�: �pa�e��:rr��' �tts��ce = . ' � Fol�,ce'Hiri�g Sup�lement Progra�i. The grant has been submitted as '�' there �is. an. October 15th, ��993 deadline�. The� only resolution' � reqtiirement iri submitting .the grant . was an �:�'��' �t�. ��ue . ��3`�e sala�y and. be�nefits af +c�Efice�s ha.�ed •under• t13e q�t :��.-;� � � ,c, ' end of the three year qrant period. We have been in contact with the Department of �ustice and�will forward the resolution u on P approval by the City Council. The grant request from Fridley is for �.�I;�y` °�'��° b��f4t� �� '�r�e officers ov�r a tl�ree yea� �p�e�iod. The grant limit is �95,000 per officer _f�r a�tota�. +c�€ $�25�,t��0 requested over a three year period. The City of Fridley's match for that period is f 148, 491 assumins� grant approwa].. Staff recommends approval of the resolution. DHS/sa 33 RESOLUTION NO. - 1993 RESOLUTION AUTHORIZING SUBMI5SION OF THE GRANT APPLICATION AND EXECUTION OF THE GRANT AGREEMENT - FEDERAL POLICE HIRING SUPPLEMENT PROGRAM BE IT RESOLVED, that the Fridley City Council authorizes application to the United States'Department of Justice for funds under the Police Hiring Supplement Program. .$E IT FURTHER.RESOLV�D; tha� �he.Fr.idley PubYic Safety_Director is �.� .' ''`- authorized�to act as the representative for the City of�Fridley iri ` � : applying for said funds. BE.IT FURTHER RESOLVED, that the City of Fridley will provide matching funds as is required ur�der the grant program. . �� . BE �IT � Fi7R�.HER �R�SOLVED,� tHat� �the � C��r� oE Fridley�� will. pay. the� � ful.l �-� � � � cost of �'�alary` and:� benefits. `.for . �officers hired •und'er . .tYie. Police � �.Hiring Supplemental_ Program at the e�id of the.�tHree��ear gra.nt period. . PASSED AND ADOPTED BY.THE CITY_COUNCIL OF THE CITY OF FRZDLEY.THIS 18TH DAY OF OCTOBER, 1993; �� ATTEST: WILLIAM CHAMPA - CITY CLERK 33A WILLIAM J. NEE - MAYOR �' _ i C�� F � FR[DLEY' MEMORANDUM Municipai Center 6431 University Avenue Northeast �ridley, Minnesota 55432 (612) 572-3507 FAX: (612) 571-1287 William C. Hunt Assistant to the City Manager �p�� Memo Toz� William W, Burns, Citg Mariaqer A`�' . •From:� - F7i11iam C: � Hunt,? Assistant to� the C�ity �i�ta�ager.�� . � . . Subject: Amendments to Chapter 2 and Section 4.04 of the Fridley City Charter . . Date c . . • Octo3�er • 15 , •1.9•9 3 , . . . • . . . . . . . . A public hearing was held on the attached amendments to Chapter �2 .and Section 4.04 of the Fridley City Charter on July 6, 1993. The Fridley.Charter.Commission respectfully requests that this item be � returned to the Commission for further review and consideration. Thank you. /rsc 34 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 2 AND 3ECTION 4.04 OF THE FRIDLEY CITY CHARTER The City Council of the City of Fridley does hereby ordain as follows: That the following sections of the Fridley City Charter be amended as follows: . . . . .: . . . . . . . . .. • : : ,CHAP�'ER. .' 2 . ; •. . . . . . . . f1�7 T 7.TT 11L�L�TlYL�nC�.. , . 6'v�F'��-�'�r�v. vx�zcrn�� CITY COUNCIL ORGANIZATION �� .I . �. Section 2.. 01.. GOUNCIL-MANAGER . PLAN: �MPLEMEN��,T.iQN � . . . � � . � � . . . � . . . . 1' . . . . . ". • . . � � 1_: �� • • �h2: form- �o� :�gove�nmer�t • estab�i.shed ��y� �his : Charter� shal�� be� • . .. .known as � the "Council-Mana.ger �. PTan-'F .� pu.rsua�nt� � t4 Minne�ota � � � •. Statutes . �. . . � � , . . • . . � . � . COMMENT: CLAR'IFIES THE �SQURCE. OF •THEr. ��COZfbTCIL-MANAGER PLAN.!� '.'. 2: All:discretionary powers of the .City; both'�legislative and - executive, shall vest in and be exercised by the�City Couricil.�. It shall have complete control�over the City administration, but shall exercise this control exclusively through the City Manager and shall not itself attempt to perform any administrative �e� duties. . .. 3. The Council shall �se��e; a�e�s� perform the duties and exercise the powers of all �e�a-� Citv boards and commissions except as �n otherwise provided by statute or by this charter. It may;-�e=�-e;o=e� by ordinance create commissions with advisory powers to investigate any subject of interest to the municipality. 4. The Council shall have power to make investigations into the City's affairs, to subpoena witnesses, administer oaths, and compel the production of books, papers and other evidence. The Council may at any time provide for an examination or audit of the accounts of any office or department of the City government, or it may cause to be made any survey or research study of any problem af fecting the City or its inhabitants. Each such investigation shall be authorized by resolution of the Council. COMMENT: MOVED FROM PRESENT SECTION 2.08.01. EXPAND3 THE ABILITY OF THE COIINCIL TO REQUIRE PRODUCTION OF NONDOCUMENTARY EVIDENCE. K � � COMMENTS: SECTIONS 2.03.04 AND 2.03.05 MOVED TO NEW 3ECTION 2.04. ' �-5. The term of Mayor and of each Councilmember shall begin on the first e-�e-za-�-��-i�res� day '-"�� --�'-'- of January following their election to office and shall end on December 31 of the last year of the term. The incumbent mav remain in office until �e�r a successor has been duly �' -�'-�a -�a '�� qualified and accepts the office. The first order of business at the first official Council meeting in each January that follows an election year shall be the swearing in of the newly elected members of the.Council. . � COI�iM�N3':.�.; CHANGEB .THE. TIMES. WHEId�. TERMB; HEGIN . AN�...END. .. . _ � . � . 6. The Council shall be the judge of the election of its members. COMMENT: 3ECTIONB 2.03.07 AND 2.03.08 MOVED.TO NEW SECTION 2.04. . �. SECTION 2.04 MOVED TO NEW SECTION 2.05.•�. . .. . : � � . � � � �EETION:. 2 �.05 MO'VED' T'O. �NEW SECT�ON 2 : 06: : . - . '� . : . . � Section 2.8603 THE MAYOR . . . :..- � . � 1. The. Mayor.. shall be.the presiding .of�icer of the.Council, except that a mayor pro tem sha31 be� chosen from the. � . remaining Counci�linembers to '��' a�F°� �� serve. at the pleas�re of the Couneil, who shall act as Mayor in case of the MayoY's temporary disability or absence from the City. COMMENT: CORRECTS THE TITLE OF THE MAYOR PRO TEM AND SPECIFIES THAT THE APPOINTMENT IS ONLY FOR THE TEMPORARY ABSENCE OR DISABILITY OF THE MAYOR. 2. The Mayor shall vote as a member of the Council. 3. The Mayor shall exercise all powers and perform all duties conferred and imposed by this Charter, the ordinances of the City and the laws of the State. 4. The Mayor shall be recognized as the official head of the City for all ceremonial purposes, by the courts for the purpose of serving civil process, and by the Governor for the purposes of martial law. COMMENT: THE FOLLOWING SENTENCE IN 2.06 MOVED TO NEW 2.01.07. 5. At the direction of the Council �the Mayor shall study the operations of the City government and shall report to the Council any neglect, dereliction of duty, or waste on the part of any officer or department of the City. 6. In time of public danger or emergency the Mayor may, -•�"� �'�� e�e��s-�e-e�s-e-�r� take command of the poiice, maintain order and enforce the law. Council consent shall be obtained when practicable. �( � : COMMENT: REVI3ED TO ALLOW MAYOR TO TARE CONTROL IN TIME OF � EMERGENCY WITHOIIT FIRST HAVING TO SEER COUNCIL APPROVAL. Section 2.04 WARD COUNCILMEMBERS 1. i�ge;t-,a�t�e�^��l�i�^��--�The City is divided into three (3) separate election Wards desianated as `-'-�T- Ward 1, Ward 2, and Ward 3. � :.. . .. . . . • . . . ael$}�e�-�-3�a�e--�e�;r�� : .� • . . � � . . : � � . el-�rs�-�-e�-#e�: � e--a�ea--�itips:rsir`r� "-�iz-vz�--E�.-@�cr@i'i ' d�9�-r�-�`76v -3 . � . `- . . .. - , . .. . ' _ , COMMENT:.• �. REVIBED.' FROM .PRESE�IJ'r � �$ECTION� ,2 r03�.•04� .' ., '. . . .' • . � � ,.. 2. �e A Ward �' Councilmember e�ee�e�-�� must -be a resident of s.uch ward�_ �rel��e�-�e--�e—�i-�=R� �LL_____� . . 9�i��— E�ii'E'�i-ii�3—'�iE--e� ��@-9i ('PlciTr"'�iR�ti�Ei�'irv�['�a'E�i � � �' �1�!%-e�€--61-€-€�G e-9iuiz�re�—�-�s�� a 1��l '� s, �-�ti3ie3-�2EleRt� x' � v3tt �??�; *?� �„� �� '��::. If the Ward Councilmember ceases to be a resident of the ward, then that office shall be declared vacant. However, a change in ward boundaries during the term of office shall not disquali� the Councilmember from completinq the term. COMMENT: REVISED FROM PRESENT SECTION 2.03.05. 3. The boundaries of the three (3) wards shali be redetermined from time to time by ordinances duly adopted by the Council, and based on the findings of the Council that the wards so redetermined are such that the population of any ward shall not deviate by more than three percent (3%) from the average of the three (3) wards. COMMENT: MOVED FROM PRESENT SECTION 2.03.07 4. After each decennial census of the United States, the Council shall redetermine ward boundaries. This redetermination of ward boundaries shall be accomplished within the deadlines established bv Minnesota law. If no deadlines are established by law, then redistrictin� must be completed no less than one hundred (100) days prior to the legally determined date of the municipal primary of the year ending in the digit two ( 2)�� a�r@--E9tt3i�crr9ti•.•zra-�x rz.• '�a-r'��e^-c�-c6-�9--��i ` ' t.• � � cx-�-t77t-�zzzrx--r . If further redistricting is necessarv, as determined by the Council the adoption of the 34C � .■ new boundaries shall be prohibited during the time period from ninety (90 days before a primary election up to and includinq the day of the general election in the same year. Any prohibitions stated in the Minnesota state statutes pertaining to the adoption of the new boundaries shall also apply. COMMENT: MOVED FROM PRESENT BECTION 2.03.08 Section 2.9,4 05. DISQUALIFICATION FOR APPOINTIVE OFFICE No incumbent member of the.. Council s2�a11 be .appointed acting . or : � ' permanent� City. Manager, nor. shail any: member� hoTd any'��other �paid� . � � � �-muni�.�pa1 c�f�fiee.;�or-� employment under �he 'CitjX; �ar�d � . . �,p .. �: .: � �. .. �. � �. .. ��e�-e€ ��e�=�� s�+�a�e�-e �. „� : , _ �.�. .. � no former member shall be appointed to any paid office or employment under the Gity until one jl) year after leaving office. COMMENT : 2'HI�S = CI�ARIFiEB : _ T$E .. ; ' DTSQUALIFICATIONS -OF � � CITY � . " �: � COIINC�L'MEMBERS FRd�M BEIN�G EMPI,OYED .BY THE �CITY..� � �' : • . .Section 2.8�06 VACANCIE5 IN THE COUNCI� 1. A vacancy in the Council shall be deemed to_exist in case of the failure of any. person elected � thereto to qualify �on or - before the.date of the.second regular meeting of th� new Counci�l, or by reason of the death, resignation; removal from office, removal from the City, removal of a ward councilmember from that ward, continuous absence from the City for more than three (3) months, or conviction of a felany, of any such person whether before or after their qualification, or by reason of the failure of any councilmember without good cause to perform any of the duties of inembership in the Council for a period of three (3) months. In each such case, the Council shall by resolution declare s�te� a vacancy to exist_ a-� s'��-€e��rt�-i. (Ref. Ord. ) 2. If a vacancy is declared to occur in the fourth year of the term of office in question , but before filings for the office in question are closed, the Council shall call a special election to be held not less than thirty (30) days nor more than sixty (60) days from the time such vacancy is declared. The Council shall designate a period of eight (8) to twelve (12) consecutive working days for the purpose of filing nomination petitions in accordance with Section 4.06. (Ref. Ord. ) 3. In the case of a special election to fill the vacancy, �e ��g�s�rt��-e€-�die�es s`� �n '��; e—�ee�a-�e�-e--w-��te�—the procedure provided in Section 4.03, Primary Elections, and Section 4.04, Special Elections, shall be followed except for the scheduling of election dates, which must be within the time frame specified here. The winner of said election shall be qualified and take office immediately upon certification 34D by the board of canvass and shall fill the unexpired term. (Ref. Ord. 857, Ord. ) � = c ?��n ••....��-e ° ''-r-�i rc-tie�FlE '�r'�ss-reE�i��--�9 i � ��.,,t,� i ��o'LT�—'G�CT�'� e�'�3'��eTl'ClZ—'7iLC'ItiA c1�—Ce�RZ�'C—LTiC 3-�}96�ii��91" "zzrrii�e--ET�9 �..." .. � 4.. • . � t"3��-ir zir�-i�dz�zi—ti'ne--�6-��i�--�"""cuti—"v'r'rcir-'~�.-rti'i�-9ri'rvrtE9� . � • � . � . maiioritv vote�a aualified citizen, who has not filed�for any .unexpi;red term. (Ref. Ord.. � ) _ . .:. 5. If the vacancv is declared to occur on or after October 1 of the fourth vear of the term, the winner of the general election shall be qualified and take office immediately If the winner of the general. election cannot take office due to reasons indicated in Section 2.06.01 above the Council shall declare a vacancy and order a special election as provided for in Sections 2.06.02 and 2.06.03 above. The person so elected shall serve out any of the remainder of the unexpired term as well as the full four year term. (Ref. Ord. ) 6. If the Mavor's position is declared vacant, the Councilmember- at-Larae shall serve as Mayor until the vacancv is filled (Ref. Ord. ) 7. If at anv time the membership of the Council is reduced to less than three t3) members, the City Manaaer shall order a special election after the manner provided in Sections 2.06.02, and 2.06.03 above to brinq the membership of the council up to five (5). (Ref. Special Election 3/25/75, Ord. 776, Ord. 857, Ord. ) 8. If the position of City Manager is vacant the City Clerk shall order such an election. If the.position of City Clerk is also vacant, the Chief JudcLe of District Court of the State of Minnesota within whose �urisdiction the corporate offices of the City of Fridley lie shall order such an election (Ref. Ord. ) 34E Section 2.07 SALARIES AND EXPENSES The Mayor and each Councilmember shall receive reasonable remuneration or salary, the annual amount and payment of which shall be prescribed by ordinance duly adopted on or before November lst of the year preceding payment of the same. T�z�=��k�e—�s; , ��-s'� ��'�-re�e�e—s�re��s��ee i�eG �z v-c��ie--��e�-a�Tiel�e�Yir�iRe�9 e�s e� � h_.�_,,.. c� A n f r r;� � P�* _ When authorized by the Council, its members shall be remunerated for their reasonable expenses incurred in connection with the City's business. The,City Manager and all subo�dinate Qf�icers and . .empT.oyees. .of�.. the Clty . shal�i. receive :,a�ch . reas�nab�e .compensation . as may be fixed by�,the Council. � � COMMENT: SECTION 2.08 MOVED TO NEW SECTIONS 2.01.04 AND 2.01.05. :... . COMMENT: .SECTION 2.p9 MOVED �O NEW SECTION 2.O1.p6 � CHAPTER �4 � � NOMINATIONS AND ELECTIONS Section 4.04 SPECIAL ELECTIONS. The Council may by resolution order a special election, fix the time of holding the same, and provide all means for holding such special election, provided that three (3) weeks' published notice shall be given of said special election, The procedure at such elections shall conform as nearly as possible to that herein provided for other municipal elections. S�ecial elections for vacancies in the Citv Council shall be held in accordance with the provisions of Section 2.06. (Ref. Ord. ) PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1992. WILLIAM J. NEE - MAYOR WILLIAM A. CHAMPA - ACTING CITY CLERK 34F �. ■ ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 3 OF THE FRIDLEY CITY CHARTER The City Council of the City of Fridley does hereby ordain as follows: That the following sections of the Fridley City Charter be amended as follows: .. . . � . �_:. �. . . ... ... � . - . , . . . . : � � . . � _ �. .. ... . . . . �..: CJ31�iFTER ;:3 . . .. ' PROCEDURE OF COUNCIL . , . Secti4n. 3.�Q1,, CQUNCIL MEE�'I.NGS, . .. . . � . _ .. � , : � , ' . : . � �� _ : ��P�.�-� r. : e��-e�ee�-�e�Yie�6�1 �.�• , _ � � , ; . . . � . � � . � .. -e��#� � . . � zi" ,r�rr'r-u�t-�iG=as_• "uai—Lin`ce—�e�e-�`ie�E13-iTg e€-�ei�i3 � ''�ri—ia� '. ' .. ' .... .. . �.� v{.;n••{.,:< .Y:....?w•� fre." ... .. .;:tx::�:••:r nv 'i:� _ :Y 1F .x.. . . . . � . T L J. L. � .� 1 � ... � :`i Z Y.4� r _ i �::::�:�:Z._th_' . :.,.L, . =':;�•' ;':::• . _ Y . .. . �� ...�.• I �� . . ' . . .... ... ____._.... . . 9.... - : . . ...v.......:-..;.v..v..... -:-...1�.....:...:•:ih�i�•i.yi. T:-=...TiY• the newly: electec��:�ineiii�ers�:�:o��tfie�. �oun.ci�Y��;'shaYl'��"assuiime � �eir. �� duties. . Thereafter the Council shall meet at such �times as �� may..b� prescribed by resolution,.except that they shall meet at a fixed time not less than once each month. •Y.�::::.::.Y::.. .. �:;�:: The Mayor or �i:`�:`:��:a�i�� of the Council :,:-;:.::.: ;:.;;:.:;::::i.;�.:. may call special meetings of the Council��upon��at least twelve (12) hours' notice to each member of the Council. Such notice shall be delivered personally to each member or be left at the meinber's usual place of residence with a person of suitable age and discretion then residing therein, or written notice thereof shall be left in a conspicuous place at the residence if no such person be found there. The presence of any member of the Council at a special meeting shall constitute a waiver of any formal notzce unless the member appears for the special purpose of objecting to the holding of such meeting. The Council may provide by ordinance a means by which a minority may compel the attendance of absent members. 3, All meetings of the Council shall be pubiic and any person shall have access to the minutes and records thereof at all reasonable times. The Mayor and each Councilmember shall have one (1) vote. (Ref. Special Election 4/12/60, Ord. 857) Section 3.02. SECRETARY OF COUNCIL. The Council shall choose a Secretary a-��t�e�i-e�er-e�€r�-p�4--�.::� to serve at its meetings. The Secretary shall #ee�s ��e�?��`�; the journal of minutes of proceedings and such other records and perform such other duties as may be required by this Chart�r or by vote of the Council. The Council may 35A designate any official or employee of the City, except the City Manager or a member of �he Council, to act as Secretary of the Council. Section 3.03. RULES OF PROCEDURE AND QUORUM. The Council shall determine its own rules and order of business and shall keep a journal of its proceedings. A majority of a-�-� the :��rfi��ri'� Councilmembers shall constitute a quorum to do business,- Section 3.: 04 .. : 0�2,DiN.ANC�S, .�2ESOL►i�TIQNS �-AND�. MO�IONS... � . . � •� , � •• Except as otherwise provided� iri this� Charter, �� al.l Iegislation shall � � be by ordinance. Every ordinance and resolution shall be presented in writing and read in full at a Council meeting. Al1 � administrative business may be transacted by ordinary motion. Upon . . - �t�e.vo�e �o.n��ordinances., �motipns,, ansi �,esQ3utions .the :ayes ar�d�.noes. .� .� , � �� sha11 � kie , reGOrded unl.ess � �the.: �vbte : is: ci��ared�. �unan�iinous. • '�1� '. � , � � �-��ma�jori�ty � vbte af alI of �� tlie� ii�teinb�ers- .�o� t�e Coun�il��' � shal�.�.� �be �. �� _ �.requ��ed_��o.r `the: :.passac�e �:of.� all�� ordiria.nces, :��motipns,��.and�> � � � �resolutions except as,otherwise provided�in this'Charter. . - Section.3.05.: PRO.CEDURE.ON ORDINANCES. . � The.enacting clause of.all. ordi�ances passed by the�Councii shall� be in the words, "The City� oF Fridley does ordain." Every ordinance other than emergency ordinances shall have two (2) public readings in.full, and at least seven (7) days shall elapse between the first reading and the second reading. All legislation prescribing a penalty for violation thereof shall be enacted in the form of ordinances . Section 3.06. EMERGENCY ORDINANCES. An emergency ordznance is an ordinance necessary for the immediate preservation of the public peace, health, morals, safety or welfare in which the emergency is defined and declared, passed by a vote of a majority of the Council, as. recorded by ayes and noes. No prosecution shall be based upon the provisions of any emergency ordinance until the same has been filed with the City Clerk and posted in three (3) conspicuous places in the City and twenty-four (24) hours after such filing and posting shall have elapsed or until the ordinance has been published, unless the person(s), firm or corporation charged with violation thereof shall have had actual notice of the passage �hereof prior to the act or omission complained of. No grant of any franchise shall ever be made by an emergency ordinance. Section 3.07. SIGNING, PUBLICATION AND RETENTION OF ORDINANCES, RESOLUTIONS AND MOTIONS. 1. Every ordinance passed by the Council shall be signed by the Mayor, or by �e�e-�3�---e�t�—�e��s ��ri:��o�it�i of the �� Council, and attested by the City Clerk, published and recorded. 2. Every ordinance shall be published at least once in the official newspaper of the City. If the publication of the title and a summary description of an ordinance clearly informs of its intents and effect, the Council may by ��f�- �F�. � ..�.;_o��--i�e�es e-�-i-�—�t�� :::>'::�ii'�i�or'i��t>;:'<'v�'�� direct the ;;:;<:>::: :. _ ;:.;:. . .. . . City Manager to publish only the title of� the ordinance together with a summary, with an added notice that a printed copy of the ordinance is available for inspection by any person during regular office.hours,at the office of the City G1erk-;and at any �ther-location designated by the Council. Prior to the publication of the title and summary, the Council shall approve a text of the summary that clearly informs the public of the intent and effect of the ordinance. The publishing of the title and summary shall be deemed to fulfill all legal requirements as.if the entire ordinance had .been . ptzblished. : � � .. . . 3. Every ordinance shall be recorded in its entirety by the City Clerk in a.book kept for that purpose, within twenty (20) days after publication of the ordinance or of its title and summary. Proof of the publication shall be attached to and filed with the ordinance. 4. Al1 resolutions and motions duly passed at each meeting of the Council may, at the discretion of the Council, be published in full or in part in the official newspaper of the City. In the case of partial publication, it shall be indicated in what respect they are incomplete. 5. Any administrative rule or regulation of any department of the State of Minnesota affecting the City or any statute of the State of Minnesota, or any published code, specifications or regulations prepared by an organization for general circuTation and use may be adopted and incorporated in an ordinance by reference thereto and by marking the three (3) copies thereof as "official copies" and filing them for reference and inspection in the office of the City Clerk. The publication requirements of this Charter shall be as fully satisfied in such cases by this method as if the material had been set forth in the ordinance in full. (Ref. Ord. 767, Ord. 780) Section 3.08. WHEN ORDINANCES AND RESOLUTIONS TAKE EFFECT. Emergency ordinances, except as provided in Section 3.06 of this Chapter, and ordinances making the annual tax levy, disbursing money, determining the annual budget and providing for local improvements and assessments, shall take effect immediately upon their passage. Al1 other ordinances enacted by the Council shall take effect fifteen (15) days after the date of their publication, 35C unless a later effective date is fixed therein. All resolutions shall take effect upon their passage. . Section 3.09. AMENDMENT AND REPEAL OF ORDINANCES. No ordinance or section thereof shall be amended or repealed except by ordinance. Every repealing ordinance shall refer to the ordinance repealed by title, date of passage and section number or numbers. No ordinance or section thereof shall be amended by reference to its title alone, but such amending ordinance shall set forth in full. each.section or subsection as amended; provided, however, �_ tha� �his reguirement�� shal;l. not. �apply.•to amendments to: .� ��. . � � , zoning ordiriances_. : �� . . . - - � .. . .. " : � � _ � � . . ..� � . . � . Section 3.10. REVISION AND CODIFICATION OF ORDINANCES. The ordinances of the City shall, --= `-'-' -�--e ��—'-� � °f t�aa °�;'�a`�� .a� in�eryals -'-c i�i��r��f not more � �� han:.fiv.e (5)`..years, be�.re.vi�sed; :r•earrariged:.:�and.�.codif�,ed .'with.such��. . :� . � • , additioris � a'i�d ' delet.ioias:. �s: may i�e".deemed, n��e��sa-r•y _ by" .t�he �.Counail. : ' _. � .. `. Stich• codif.ica�ti�on' shali� •be: published � '� .. . . ��. -=�e�eres�e-�-e��€e�t 'and copies thereof� made• available by . the � � Council at the office of. the�City,Clerk.for general distribution � . to: the public at. a� reasonable � charge.. Sti�ch pub��cation �shall be � a sufficient publication of.all the ordinances �contained therein. ��G:�:�::::�::��p� � shall contain �a printed � certificate o� the � ......:: :..:..:.:.:::::.., . Mayor, attested to by �he�C�ity� Clerk, that the �publication is correct and �•�'- `-�-�� :��::::��;� so published shall be received in evidence in all courts��for��the purpose of providing the orclinances therein contained, the same as though the original ordinances were produced in court. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1993. WILLIAM J. NEE - MAYOR WILLIAM A. CHAMPA - CITY CLERK 35D a 36 '. � � �.,�. " . '. I 37 . 1 � . . `1 � � FOR CONCURRENCE BY THE CITY COUNCIL GAS SERVICES Fireside Comer 2700 N Fairview Ave Roseville MN 55113 Marylynn Turbak PetersQn-Finney 4151 Coon Rapids Blvd NW Coon Rapids MN 55433-6863 . Ray Turnquist ' LICENSES GARY FORD Bldg/Mech Insg Same . ., . . . , .. . .. . . . � . � � .: GENERAL• • CO�RA�TOR-�Ct��M�RCIAL • �: . - : . . � . . . = .. : . . � . . . ° . Brickner Builders Inc - � . . � . . .. . � ; . . . � � � 6240 Hwy 65 NE #201 THOMAS BLAZINA Fridley MN 55432 Rick Brickner Chief Bldg Ofcl . . . -Food�°Prc�ess�&.�Control`inc . " . . . : �. . . � � . � - . - : .- .: . . . . • . , ; . � 7786 B�ech St � NE :� : " . . � . . . _ : .. . . � . - . � � . . . . , - . , � . . : � . � � Fridley MN� 55432 .. � . . � Bert � Martinez � ; � � � . � � Same� . �.: ' . � . . . ' Wat�on-Scott Construetion Co � � . , : . = � . 14191 70 Sf S �. � . � � Hasrings MN 55033-9402 . Gregory Wa.Lsom . _ (:FNFRAL CONTRACTOR-�IDENTIAL B & B Rcx>fmg Services(9042) 6760 Madison St F�idtey MN 55432-4449 Jerry Bethel Phalen Siding & Trim Inc (6216) 1528 Lincoln Ave St Paul MN 55105-2237 Zahorski Construction (8902) 3345 Emerson Ave N Minneapolis MN 55412-2519 HEATiNG Apollo Heating & �Jent 6510 Hwy 36 Blvd N Oakciale 1VIN SS l 28 Carbonie Machines 29()0 5 Ave S 1Viinneapolis MN 554{�8-2484 John Linburg James Zahorski Richard Wecker Steven Keily • Same STATE OF MINN Same Same THOMAS BLAZINA Bldg/Mech Insp 0 Same Modern Heating & A/C Inc 2318 1 St NE Minneapolis MN 55418-3404 Peterson-Pinney 4151 Coon Rapids Blvd NW Coon Rapids MN 55433-6863 Terry Hutchinson Ray Turnquist Same Same � Pride Mechanical Inc � . • :. 3025 :Randolph St,NE : • . . . . .. � . . �. � . . .. � .. . �Minneapolis Ml� � �5418 :1824 � .. � �,.. � ,. ��. .. Richard �Hje��i�� .:. . � : - .�: :� . . •� �� . Same �� . ..... . .�...•:: MASONRY DeGray Masonry Inc �. 30900 Palisade . S.t. NE . . . . . . . � THOMAS. BLAZINA , � . : �. �bridge �1�II�I � 5�008.' ` - �: : :. �� . ' �. �. Jeffr�y �D�eGray ._ .. . : ' � . � : .. Chie� Bldg � Ofcl .,` . . . :.. : �' : � � . . : PLUMBYNG � • . � � � � - �. . � . . � . : .. . � . � . � Pride Mechanicai . . . � � . : . : . � . � . : 3025� Randolph S� NE_ :. : . . . � . . : . . . . . . . � . : . . . . Minneapolis MN� 554i$-1824� . :� . Richard Hjelm .� STATE. OF� MINN . �� Kong Son � 1424 Knoll Dr Shoreview MN 55126 Kong Son Same ROOFING J W Roofing 6141 Ambassador Blvd St Francis MN 55070-9728 John Febo :� THOMAS BLAZINA Chief Bldg Ofcl � FOR CONCURRENCE BY THE CITY COUNCIL D�� October 18,1993 Type of License: B�r.- Approved By: REFUSE HAULERS Aa�gard Sani tation 3291 Terminal Dr. Eagan, ��N 55121 Greg S.hane LYCENSEB Fees: � $90.00 0 .. 0 � ._.. 39