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12/01/1993 - 4935� � . �If/i�iW7 �• �VAA�. . CITY MA�<3LR COtTIiCIL 1i88TINa ,. D8CS1�E88R 1 j 1993 .. , �..� �. }' � *�,-x � . . � .. . . ' �; � . . � E-: � :. n � �.. � -. � � � � � �� r� � i � . ,: � .x:-� �� . *� , �'�" * :� . ' .�, �t} � � � � . . a� s..� � i 5 + l �- � Y • .. . yj ��� a� �4�' y � � � . f .. � �kr '. � � � '�'x� .�.i � � . . Y J .�,''i °Y �r ,�� h ����3 ., t � - '� ' : � �� �A... .�,� . � - 4f-'� f� � � v '� 5 _' < � � i �� ,. C � ._. t - + '� t , <r � 5 � - a a ' 7 -. �, yi'q A � F� � � � � .. .. � n '�it s - �:, g '�s �� < •.s �� �, t � � � � F . :� # ;: +� �q . . . .. ).a: i �:5� $ . . . . , � ,. � . i, �t � � { .3 � � , . � d:. . � y-' ". "4 ,: , � ! . � . � 'i'.v . . 'i � � ` � � � � -�r:. k f ��� S � ' . � : . ..., �,. ,' Y ti .... . -. - �:. �. �' FRIDLEY CITY COUNCiL MEETING OF DECEMBER 1, 1993 PUBLIC HEARINGS (CONTINUED): Preliminary Plat Request, P.S. #93-04 � by Dale Edstrom of Northco Corporation, ��,,, Northco Business Park 4th Addition, to Replat Property Generally Located at 500 - 73rd Avenue N.E. . . . . . . . . . � . . . . . . . . . . 2 - 2G NEW BUSINESS: Resolution in Support of an Application for a Minnesota Lawful Gambling Premise Permit to Moose Lodge 38 Fridley ...... Receive an Item from the Minutes of the Appeals Commission Meeting of November 9, 1993: . . . . . . . . . . . . . . A. Variance Request, VAR #93-29, by St. Philip's Lutheran Church to Increase the Maximum Square Footage of an Institutional Sign from r 32 Square Feet to 70 Square Feet, Generally Located at 6180 Highway 65 N.E. , � �� . � . .�. . . . 3 - 3A � � ��� . � .. � U � ..... 4-4N � e2 FRIDLEY CITY COUNCIL MEETtNG OF DECEMBER i, 1993 Paqe 3 NEW BUSINESS (CONTINUED�: Resolution Requesting Variance from Minnesota Department of Transportation Division State Aid Operations Rules, ��� Chapter 8820.2800, Subp. 2, on Numerous i�, . MN/DOT Signal Improvements in Fridley .(� .�: . . . . . . . . . 5 - 5A T� Approve Change Order No. 2 to the 1993 Street Improvement Project No. ST. � i 1993-1 &2 .................... �v.. �... 6-6B •,�1 -y � } Approve Change Order No. 1 to the 63rd Avenue Booster Station, Project No. 260 . ..��": . . . . 7 - 7B �,� � : � ,� J Approve Change Order No. 1 to the Locke �,,�'� Park Filter Plant, Project No. 240 . . . . . :� . . . . .� ' . . 8 - 8A �� i informal Status Reports � ........ 9 FRIDLEY CITY COUNCIL MEETING OF DECEMBER 1, 1993 Paqe 4 NEW BUSiNESS (CONTiNUED : Claims ............... ...................... 10 � Licenses ......... Estimates ...... ADJOURN: .......................... 11-11C � / . / ........ .. ................ 12 i � . � � V� V�� T . i � . � i.. " . . . . . � THB MINOTES OF T$L � FRIDLSY CITY CODNCIL �8S'�L!Il[G �3B .,� :� � I � � � � �� � �,�;� �, 1 bT0�8R 15, 1993 . , ,� i _ � � �. - ; I � � - � �� `�t�. , � � s�� : . . � . . � � �, y� ... . � . � , � � . - . ,� �� ,� : •b . ' . . I .. . � .. " =b �: ; ;" �,� �` ; � A,`�s . I � . . . �� . s ;-, - . . . . . � � � . .i . � . �. � � ... � .. . y; � '',, . . _ .. - _; ¢ : . � . . . . � .� ,. � , , � . . . f . .., r: . THE MINIITES OF THE REGDLAR MEETING OF THE FRIDLEY CITY COIINCIL OF NOVEMBER 15. 1993 The Regular Meeting of the Fridley City Council was called to order at 7:35 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: None PROCLAMATION• HOME CARE WEEK - NOVEMBER 28 - DECEMBER 4 1993: Mr. Burns, City Manager, read this proclamation proclaiming the week of November 28 through December 4, 1993 as Home Care Week. Mayor Nee issued the proclamation and presented it to Mr. Bob Loftus. Mr. Loftus stated that they have about two hundred aides and therapists that work in this field to provide home health care. He felt that this was very important, as it is part of the new health care agenda. He thanked the Mayor and Council for this proclamation. APPROVAL OF MINUTES: COUNCIL MEETING, NOVEMBER 1, 1993: MOTION by Councilman Billings to approve the minutes as presented. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: MOTiON by Councilman Billings to adopt the agenda as submitted. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: There was no response from the audience under this item of business. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 15. 1993 PAGE 2 OLD BUSINESS: 1. APPOINTMENT OF THE CABLE TELEVISION ADVISORY COMMISSION _(TABLED OCTOBER 4, 1993)• MOTION by Councilman Schneider to remove this item from the table. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to nominate Gen Peterson, 151 Glen Creek Road, for appointment to the Cable Television Advisory Commission to fill the unexpired term of Duane Peterson, which expires April 1, 1995. Seconded by Councilwoman Jorgenson. Mayor Nee stated that Gen Peterson was a member of the City's original Charter Commission, a founder of the Fridley League of Women Voters, and a member of the Anoka County Soil and Water Conservation District. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 2. MOTION DIRECTING PAYMENTS FROM THE CABLE TELEVISION FRANCHISE FEES (TABLED OCTOBER 18, 1993)• Mayor Nee removed this item from the table. MOTION by Councilman Schneider to authorize payment of $3,307 to School District No. 14 and $26,679 to ETC 33 from the Cable Television Fund. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Schneider stated that funds have been earmarked for the Spring Lake Park and Columbia Heights School Districts in the same amount that was allotted to School District No. 14. NEW BUSINESS• 3. APPOINTMENTS: CITY EMPLOYEES: Mr. Burns, City Manager, stated that he was pleased to announce two appointments in Public Works. He stated that both Mr. Jason Wiehle and Mr. Jeffrey Jensen have been appointed as Public Services Workers and were chosen from a field of 104 applicants. Mr. Burns stated that Mr. Wiehle worked part-time for the cities of Blaine and Fridley, has one year of college, and he has experience in the field of Public Works. FRIDLEY CITY COIINCIL ME$TING OF NOVEMBER 15. 1993 PAGE 3 Mr. Burns stated that Mr. Jensen has six years experience in Public Works, two years of college, and is licensed to operate heavy equipment. MOTION by Councilwoman Jorgenson to concur with the following appointments by the City Manager: Name Jason Wiehle Je f f rey Jensen Position Public Services Worker A, Streets Non-exempt Public Services Worker A, Streets Non-exempt Starting Salarv $10.56 per hour $10.56 per hour Starting Date Nov. 16, 1993 Nov. 16, 1993 Replaces Donald Stiller Richard Cameron Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 4. RESOLUTION NO. 96-1993 DECLARING A VACANCY IN THE CITY COUNCTL AND ORDERING A SPECIAL ELECTION: MOTION by Councilman Schneider to adopt Resolution No. 96-1993. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 5. FIRST READING OF AN ORDINANCE ESTABLISHING A NEW CHAPTER OF THE CITY CODE OF THE CITY OF FRIDLEY, CHAPTER 112, ENTITLED "FALSE ALARMS " AND�AMENDING CHAPTER 11 ENTITLED "GENERAL PROVISIONS AND FEES:" Mr. Dave Sallman, Public Safety Director, stated that the need for this ordinance came about when the Police Department compiled a report on false alarms. He stated that there were 1,300 such alarms over a twelve month period, and these take away from the police officers' time in defending the City. He stated the history has been that a few establishments have a lot of false alarms. Mr. Sallman stated that this ordinance would be imposed in the amount of $25.00 for each fals� alarm over five false alarms. He stated that there is an appeal process if someone felt an alarm was not false. It is also noted that lightning strikes, which can set off an alarm, are not counted. Councilman Schneider stated that the intent is not to send a message to people not to call the Police Department. Mr. Sallman stated that this is not the intent, and a number of cities have a policy that after three false alarms, a fine is imposed. FRIDLEY CITY COIINCIL MEETING OF NOVEMBER 15, 1993 PAGE 4 Mr. David Kutscheid, representing Dow Brands, 5601 East River Road, stated that he has some concern about this ordinance. He stated that there is no doubt that Dow Brands has a lot of alarms, as they have four hundred employees entering through eighteen doors. He stated that they have seven separate fire alarm systems. Some of the alarms are legitimate and some are not. He stated that they take action to correct the false alarms immediately. He stated that some of the intrusion alarms are set off in error by employees. Mr. Kutscheid stated that Dow Brands concern is that because of the amount of alarms at their facility, the fines imposed under this ordinance could be costly to the company. He stated that Dow Brands is concerned about safety and fire, and they work closely with the Police and Fire Departments. He stated that they do not have an intrusion alarm system to merely protect them against theft but to protect the City. Mr. Kutscheid stated that Dow Brands is a beauty manufacturing facility, and they have thousands of cases of aerosol cans in their warehouse. If the police do not respond immediately to an alarm, there could be a catastrophe caused by vandals. He explained about the case where a transient was injured and crawled into their building. If the alarm had not sounded, the transient would have bled to death. Councilman Billings asked, for example, if the situation described by Mr. Kutscheid involving the transient would be considered a false alarm. Mr. Sallman stated that it would not be a false alarm, as there was definitely a need for assistance. Councilman Billings stated that there were about 1,300 false alarms in the City over a twelve month period. He asked the amount of time involved to ascertain if it was a false alarm and to write the report. Mr. Sallman stated that two officers are always sent in this situation, and the time involved takes about one hour. Councilman Billings stated that based on 2,080 hours of work a year, the 1,300 hours it takes to investigate false alarms means that one officer could spend two-thirds of his time investigating these calls. He stated that if an establishment has more than five. false alarms, there is an appeal process. Mr. Sallman stated that the Police Department would notify the owner of every false alarm, and the owner would have the opportunity to submit an explanation. FRIDLEY CITY COIINCIL MEETING OF NOVEMBER 15. 1993 PAGE 5 Councilman Billings stated that one of the reasons this ordinance is being recommended is that the City is constantly trying to streamline and economize to reduce unnecessary spending. Councilman Schneider asked if Dow Brands has security. Mr. Kutscheid stated that they have security on the first and second shifts. Councilman Schneider felt that what Mr. Kutscheid is asking is that the taxpayers subsidize the security for pow Brands on their third shift. Mr. Kutscheid stated that he could make the argument that Dow Brands is a large taxpayer in Fridley. He stated that they do not want to diminish the effectiveness of the alarms in any way. He stated that their emphasis is that safety is number one; and that includes safety for the employees, neighbors of Dow Brands, or people passing on the highway. Mr. Kutscheid stated that whenever there are mechanical failures of the alarms, it is fixed immediately. He stated that the real problem is human error, and most false alarms are intrusion. Mr. Kutscheid stated that Dow Brands is concerned about the fines, as they could be quite costly. Councilman Schneider stated that he did not want to diminish the effectiveness of their alarms. He wondered if it could not be handled through better employee education. Councilwoman Jorgenson asked how many calls there were to Dow Brands. Mr. Sallman stated that during a twelve month period, there were between twenty and thirty calls. Mayor Nee felt that Dow Brands should take responsibility for training their employees. Mr. Kutscheid stated that this is true, but it is difficult to train four hundred employees. He stated that their concern is that they do not want to be forced, because of economic conditions, to not have the City respond to an.alarm. He stated that even if an employee is assigned to respond to an alarm, he may not live within the area, and by the time he responds, there could be a major incident. Councilwoman Jorgenson suggested that the Police Department work with Dow Brands' security personnel and conduct some sessions with the employees. She felt that perhaps if the employees were tripping the alarms, they could contribute to the fund for paying the fine for these false alarms. FRIDLEY CITY COIINCIL MEETING OF NOVEMBER 15. 1993 PAGE 6 Mr. Kutscheid stated that Dow Brands is concerned about safety. If they cannot operate safely, they would not do so. He stated that they could make the employees responsible, but there are some that do not care. He asked that the City consider the financial hardship this will cause for pow Brands. Councilman Schneider stated that his company has reduced their security personnel, and an employee set off a false alarm. He stated that this person received a warning that if this happened again, he would lose his job. Mr. Kutscheid stated that he would take these suggestions into consideration. MOTION by Councilwoman Jorgenson to waive the reading and approve the ordinance on first.reading. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 6. FIRST READING OF AN �RDINANCE ESTABLISHING CHAPTER 128 ENTITLED "ABATEMENT OF PUBLIC NUISANCES" TO THE FRIDLEY CITY CODE• Ms. Dacy, Community Development Director, stated that the Council conducted a public hearing on this ordinance at their November 1, 1993 meeting. She stated that the ordinance gives property owners approximately three weeks to remove a public nuisance. If the owner does not remove the nuisance or request a hearing, the City abates the nuisance and assesses the cost against the property. She explained the hearing process and how a property_ owner can file an appeal to the City Council, if he is not in agreement with the decision rendered by the Hearing Examiner. Ms. Dacy stated that the City Attorney, Mr. Herrick, asked that several issues be researched. This will be done between now and the second and final reading of the ordinance. She stated that the issues were: (1) in event that proceeds from the sale of property taken through abatement actions exceeds the cost of the abatement, how would the City address the "profit" from this transaction; (2) if the City can conduct its abatement action immediately following the conclusion of its ordinance process regardless of whether or not the property owner intends to take legal action against the City; and (3) if the City refrains from performing abatement actions immediately following the formal process outlined in the ordinance to allow a property owner to file a legal appeal, how long should the City permit property owners to file such an appeal before performing the abatement work. MOTION by Councilman Schneider to waive the reading and approve the ordinance on first reading. Seconded by Councilman Billings. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 15, 1993 PAG$ 7 Councilman Schneider stated that this ordinance neither strengthens nor weakens the code but provides a faster means to resolve the nuisance abatement. Mayor Nee stated that under Section 128.04, Subsection 2, it is not clear whether this ordinance covers going into homes. Ms. Dacy stated that the ordinance does not include entry into single family homes. She stated that this could be clarified before the final reading. Councilman Billings stated that there must be a search warrant stated that the intent of this Constitution. the Constitution provides that to go into people's homes. He ordinance is not to violate the Councilwoman Jorgenson stated that Section 128.02 does refer to outside storage of equipment and materials. Councilman Schneider stated that as he read the ordinance, he shared Mayor Nee's concern, but the Constitution does protect the property owners' rights. He stated that he certainly would support clarification, as it is not the intent to go into homes. Councilwoman Jorgenson stated that in the event there is a health hazard in a particular home, the City may want to enter the home. Ms. Dacy stated that this ordinance does not address a health hazard, and the City would work with Anoka County on such a problem. Mayor Nee suggested that the ordinance could be clarified at the time of the second reading. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 7. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF OCTOBER 17, 1993: • A. ESTABLISH A PUBLIC HEARING FOR DECEMBER 13, 1993, FOR A PRELIMINARY PLAT REQUEST P.S. #93-04, BY DALE EDSTROM OF NORTHCO CORPORATION, NORTH�O BUSINESS PARK 4TH ADDITION, TO REPLAT PROPERTY GENERALLY LOCATED AT 500 73RD AVENUE N.E.: Ms. Dacy, Community Development Director, stated that the original recommendation was to set the public hearing on this plat request for December 13; however, this date has now been changed to December 1, 1993. MOTION by Councilman Billings to set the date of December 1, 1993 for the public hearing on this plat request, P.S. #93-04. Seconded FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 15, 1993 PAGE 8 by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilwoman Jorgenson to receive the minutes of the Planning Commission meeting of October 27, 1993. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 8. APPROVE SUPPLEMENTAL CONTRACT WITH WESTWOOD PROFESSIONAL SERVICES FOR WETLAND CONSULTATION SERVICE5: Ms. Dacy, Community Development Director, stated that this is a supplemental contract with Westwood Professional Services for the City's wetlands consultant to participate in preliminary meetings with affected property owners and at public �earings. MOTION by Councilman Billings to approve this supplemental contract with Westwood Professional Services for Ron Peterson to attend supplemental meetings at an hourly rate of $95.00 per hour, not to exceed $855.00, plus mileage expenses. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. APPROVE RETURN OF UNUSED 1991 CDBG FUNDS TO ANOKA COUNTY: MOTION by Councilman Billings to return $150.00 of unexpended 1991 Community Development Block Grant Funds to Anoka County from the North Suburban Consumer Advocates for the Handicapped. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. APPROVE DISPOSITION OF TAX FORFEIT PROPERTY IN THE CITY OF - FRIDLEY• Mr. Pribyl, Finance Director, stated that the City has received notice from the Land Commissioner of Anoka County that the City has one parcel of land classified as tax forfeit. He stated that the property is classified as not buildable, and it is recommended that the City sell this parcel to the abutting property owner and retain an easement for street and utility purposes. MOTION by Councilman Schneider to authorize staff to dispose of this property identified as the.W 25 ft. of N 1/3 of Lot 4, Aud. Sub. No. 108, subject to easement of record, No. 12 30 24 14 0092. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11. APPROVE PARTICIPATION IN SPRINGBROOK CREEK EROSION PROJECT (GENERALLY LOCATED AT 8111 FAIRMONT CIRCLE): Mr. Flora, Public Works Director, stated that the property owner at 8111 Fairmont Circle has requested the City participate in their FRIDLEY CITY COIINCIL MEETING OF NOVEMBER 15, 1993 PAGE 9 project for stream bed and bank erosion control. He stated that the property owners, Mr. and Mrs. Dunlap, propose to armor a curved section of the creek behind their property with large rock boulders and filter fabric. He stated that the estimated cost of the project is $2,185 and in accordance with the City's creek policy, the Council may wish to consider participation for an amount of $1,092.50 utilizing funds from the City's storm water contingency account. MOTION by Councilman Schneider to authorize an expenditure up to $1,092.50 for the City to participate in the Dunlap's stream bed and bank erosion control project generally located at 8111 Fairmont Circle. Further, that the funds be taken from the City's storm water contingency account. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12. APPROVE JOINT POWERS AGREEMENT BETWEEN THE COUNTY OF ANOKA AND THE CITY OF FRIDLEY FOR THE INSTALLATION OF TRAFFIC CONTROL SIGNALS AT THE INTERSECTION OF COUNTY ROAD NO. 132 AND SPRINGBROOK DRIVE: Mr. Flora, Public Works Director, stated that since approval of the Joint Powers Agreement with the County for the installation of the traffic control signal at this intersection, it has been determined by the County that the emergency vehicle pre-emption system costs were not included, and the agreement has been revised to include this cost estimated at $41,040. He stated that the actual cost for the signal improvement is to be paid by Wal-Mart in accordance with the development agreement. MOTION by Councilman Billings to approve this Joint Powers Agreement with Anoka County for the installation of traffic control signals at the intersection of County Road No. 132 and Springbrook Drive and anthorize the appropriate City officials to execute same. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13. RECEIVE BIDS FOR THE 64TH AVENUE STORM WATER IMPROVEMENT PROJECT NO. 260• MOTION by Councilman Schneider to receive the bids for the 64th Avenue Storm Water Improvement Project No. 260: Bidder Total Bid Thomas & Sons Construction, Inc. 13925 Northdale Blvd. Rogers, MN 55374 $105,404.50 FRIDLEY CITY COIINCIL MEBTING OF NOVEMBER 15. 1993 PAGE 10 Kadlec Excavating of Mora, Inc. Route 5 Mora, MN 55051 Northdale Construction, Inc. 14450 Northdale Blvd. Rogers, MN 55374 Bonine Excavating, Inc. 12669 Meadowvale Rd. Elk River, MN 55330 Palda & Sons, Inc. 1462 Dayton Ave. St. Paul, MN 55104 $115,933.90 $123,462.95 $136,836.17 $138,612.93 Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Flora, Fublic Works Director, stated that the low bidder for this project was Thomas & Sons Construction, Inc. in the amount of $105,404.50, which is considerably over the estimate of $60,000. He stated that staff recommends the bids be rejected and the plans and specifications be revised and the project be re-advertised for bids. MOTION by Councilman Schneider to concur with staff's recommendation and reject these bids for the 64th Avenue Storm Water Improvement Project No. 260 and authorize the re-advertising for bids for this project. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee.declared the motion carried unanimously. 14. RESOLUTION NO. 97-1993 RE4UESTING VARIANCE FROM MINNESOTA DEPARTMENT OF TRANSPORTATION RULES FOR STATE AID OPERATIONS TO ALLOW STREET IMPROVEMENTS WITH 50 FOOT RIGHT-OF-WAY WIDTHS {3RD STREET, 63RD AVENUE AND UNIVERSITY WEST SERVICE ROAD)• Mr. Flora, Public Works Director, stated that the purpose of this resolution is to request a variance in the right-of-way widths for certain streets that are classified as Municipal State Aid streets. MOTION by Councilman Schneider to adopt Resolution No. 9i-1993. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15. RESOLUTION NO. 98-1993 RE4UESTING VARIANCE FROM MINNESOTA DEPARTMENT OF TRANSPORTATION RULES FOR STATE AID OPERATIONS TO ALLOW STREET IMPROVEMENTS WITH 50 FOOT RIGHT-OF-WAY WIDTHS (CAMELOT LANE AND SOUIRE DRIVE): MOTION by Councilman Schneider to adopt Resolution No. 98-1993. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � FRIDLEY CITY COIINCIL MEETING OF NOVEMBER 15. 1993 PAGS 11 16. INFORMAL STATUS REPORTS: Mr. Burns, City Manager, stated that there were no informal status reports. 17. CLAIMS• MOTION by Councilwoman Jorgenson to authorize payment of Claim Nos. 52487 through 52722. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 18. LICENSES• MOTION by Councilman Billings to approve the license as submitted and as on file in the License Clerk's Office. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 19. ESTIMATES• MOTION by Councilman Schneider to approve the following estimates: Barna, Guzy & Steffen, Ltd. 400 Northtown Financial Plaza 200 Coon Rapids Boulevard Coon Rapids, MN 55433 Statement for Services Rendered as City Attorney for the Month of October, 1993 . . . . . . . . . . . . . . . . $ 3,946.99 Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, MN 55432 Statement for Services Rendered as City Prosecuting Attorney for the Month of September, 1993 . . . . . . . . . . $ 10,782.00 Gunderson Brothers 2325 Snelling Avenue Minneapolis, MN 55404 0 Miscellaneous Concrete Curb, Gutter and Sidewalk Project No. 245 Estimate No. 6 . . . . . . . . . . . . . . . $ 9, 356. 57 0 FRIDLEY CITY COONCIL MEETING OF NOVEMBER 15. 1993 PAGE 12 Kenko, Inc. 1694 91st Avenue N.E. Blaine, MN 55449 TCAAP Interconnect Pipeline Project No. 248 Estimate No. 3 . . . . . . . . . . . . . . . $140, 254 . 45 Northwest Asphalt 1451 County Road 18 Shakopee, MN 55379 1993 Street Improvement Project No. ST. 1993 - 1& 2 Estimate No. 6 . . . . . . . . . . . . . . . $ 87, 350.41 Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT• MOTION by Councilman Schneider to adjourn the meeting. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of November 15, 1993 adjourned at 8:39 p.m. Respectfully submitted, Carole Haddad William J. Nee Secretary to the City Council Mayor Approved: 0 TO: WILLIAM W. BURNS, CITY MANAGER �' � � FROM: RICHARD D. PRIBYI,, FINANCE DIRECTOR PAUL S. HANSEN, STAFF ACCOUNTANT SUBJEGT: PUBLIC HEARING ON THE 1994 BUDGET AND 16 MILLS LEVY DATE: NOVEMBER 24, 1993 Attached is a copy of the 1994 Truth in Taxation Budget Public Hearing Notice which appeared in the Fridley Focus on November 23, 1993. This information is required by the Department of Revenue and fulfills the requirements as set out in the Truth and Taxation Legislation. I have also provided a copy of the Public Hearing Notice required by the charter when levying a tax in excess of 16 mills. These public hearing notifications serve to fill two requirements for the City of Fridley; (1) to fulfill the Truth and Taxation requirement, and (2) levy what appears to be a tax levy in excess of 16 mills. As you recall, past legislation caused a shift in Local Governmental Aids away from the cities and towards the school districts. This action caused the City to hold an additional Public Hearing for levying a tax which appears to be in excess of 16 mills. Due to formula change from mill levy to tax capacity rates it has been impossible to convert one to the other. So this public hearing notice satisfies the charter requirement that we hold a public hearing when we feel thax we are levying in excess of 16 mills. This Public Hearing will differ from the usual public hearings we have, in that this hearing will have �lwo topics; (1) the Public Hearing on the City of Fridley Bud�et, and {2) t�e Public Hearing to levy a taa which appears to be in ezcess of 16 mil�s. You might recall that the reasoning for this is that the main topic of the December lsf and December 13th Council Meetings is for consideration and approval of the budget For the Truth in Taxation hearing held in 1993 only, icvmpensation costs for the previous ye�tr, current year, and proposed budget must be presented for employees, consultants, and otiier indepond��tt contractors aiong with the effect of this increase or decrease on the talc levy. Prior to adjournment of the hearing the city must announce, the date, time and place for the subsequent hearing which will be December 13th if a continuation hearing is not necessary. RDP/me Attachment � . Notice Of Proposed Property -Taxes , The Fridley c'ity council will hold a public hearing on. its budget and on ihe amount of prope�ty taxes it is proposing to oollect to pay for the costs of services the city will provide in -1994. - _. The d'iscussion wilL describe the increases or decreases of the total budget, including employee salaries and benefds and tiie" costs of consuRants and other independent contractors for the prior year, current year, and the proposedbudget year. Attend the Public Hearing All Fridley residents are invited to attend .the.public :hearing of. the cdy council to express their opinions on the budget and on the p�oposed amounf of property taxes_on: _ : . Wednesday, December ,1; at.7:30 p.m. Fridley Municipal-Center �� ��6431 University Avenue`NE � _ Fridley .. i _ m 1A r , CITY OF FRIDLEY. PUBLIC N0710E In conformance with Section 7.04 of the City Charter, the folbwing City Manager's budget for fiscai year 1994 has been submitted to the City Council. Public Hearings on the budget will be held on December t, and December 13, 1993 at 7:30 p.m. at the Fridley Municipal Ce�ter. GENERAL FUND Taxes and Special Assessments: Current Ad Valorem Delinquent, Penalties, Forteited Special Assessments Licenses and Permits: Licenses Permits intergovernmental: Federal State - Homestead and Agriculture Credit Aid Local Govemment Aid All Other Charges for Services Housing a�d Redevelopment Authority Water Fund Sewer Fund Storm Water Fund Liquor Fund Cable N Fund Construction Funds Fines and Forfeits Irrterest on Investrnents Miscellaneous Revenues Other Financing Sources: Liquor Fund Employee Benefit Fund Closed Debt Service Fund TOTAL REVENUES AND OTHER FINANCING SOURCES Fund Balance: General Fund Reserve TOTAL GENERAL FUND SPECIAL REVENUE FUNDS Cable N Fund Grant Management Fund Solid Waste Abatement Fund TOTAL SPECIAL REVENUE FUNDS ESTIMATED REVENUE $3,489,601 66,547 1,896 132,270 288,356 5,803 1,057,010 1,558,917 432,532 313,676 174,376 125,195 90,854 28,969 65,397 19,849 31,129 242,392 430,000 96,886 25,000 200,000 248,414 9,125,069 239,655 $9.364.724 $111,475 189,454 218,056 �518.985 CAPITAL PROJECTS FUNDS Capftal Improvement Fund Taxes - Current Ad Valorem $85,550 Interest on Investments 418,672 Donations 10,000 State Aid Construction 600,000 Fund Balance 453,778 TOTAL CAPITAL PROJECTS FUNDS $1.568.000 AGENCY FUND Six Cities Watershed Fund Taxes - Current Ad Valorem TOTAL AGENCY FUND TOTAL WILLIAM W. BURNS, CITY MANAGER $3,500 $3.500 $11.455.209 1B Legislative: City Council Planning Commissions Other Commissions City Management: General Management Personnel Legal Fnance: Eledioris Accounting Assessing MIS City Clerk/Records Police: Pofice Civil Defense Fire Public Works: Civic Center Tech�ical Engineering Traffic Engineering Street Lighting Public Works Maintenance Recr�tion: Recreation Natu�alist Community Development: Building Inspection Planning Reserve: Emergency Nondepartmental General Capital Improvement Streets Capital Improvement Parks Capital lmprovemerrt APPROPRIATIONS $92,892 3,523 7,099 308,267 91,992 160,000 29.801 492,689 168,237 159,249 96,978 3,007,967 8,784 743,529 192,207 452,529 80,545 144,700 1,595,661 563,452 243,993 198,378 256,551 185.000 80,701 $9.364.724 $111,475 189,454 218,056 $518.985 $340,000 1,034,000 194,000 $1.568.000 $3,500 $5.500 $11.455.209 PIIBLIC HEARING BEFORE THL CITY COIINCIL Notice is hereby given that there will be Public Hearings of the Fridley City Council at the Fridley Municipal Center, 6431 University Avenue N.E., on December 1 and December 13, 1993, at 7:30 p.m. for the purpose of consideration of the following resolution: A RESOLUTION DECLARING THE NECESSITY TO LEVY A TAX WHICH APPEARS TO BE IN EXCESS OF 16 MILLS AND CERTIFYING TAX LEVY REQUIREMENTS FOR 1994 TO THE COUNTY OF ANOKA FOR COLLECTION WHEREAS, Chapter Seven, Section 7.02 of the Charter of the City of Fridley, grants the City the power to raise money by taxation pursuant to the laws of the State of Minnesota; and WHEREAS, said Section 7.02 of the City Charter provides that if the taxes levied against property within the City exceeds 16 mills on each dollar of assessed valuation, that the Council shall adopt a resolution showing the necessity for such tax; and WHEREAS, the State of Minnesota has changed the method of computing taxes from "mill levy" to "tax capacity"; and WHEREAS, the State of Minnesota transferred state aid dollars from the city to the school districts to reduce school district taxes; and WHEREAS, in addition, the State of Minnesota reduced the amount of state aid dollars it had previously distributed to cities; and WHEREAS, the City of Fridley needs to levy taxes which appear to be in excess of 16 mills because of the reduction of local government aids by the State of Minnesota. NOW THEREFORE BE IT RESOLVED that the City Council of the City of Fridley pursuant to three (3) weeks published notice and public hearings on the lst and 13th days of December, 1993, shall have the authority to levy a tax which may be in excess of 16 mills; and BE IT FURTHER RESOLVED that the City of County of Anoka, State of Minnesota, the levied in 1993 for the year 1994. 1C Fridley certify to the following tax levy to be PIIBLIC HBARING BEFORE TH$ CITY COIINCIL (continued) GENERAL FUND General Fund CAPITAL PROJECT FUND $3,603,266 Capital Improvement Fund - Parks Division 72,689 AGENCY FUND Six Cities Watershed Management Organization 2,710 TOTAL ALL FUNDS $3,678,665 Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. WILLIAM J. NEE MAYOR Any questions related to this item may be referred to the Fridley Finance Department, 571-3450. Hearing impaired persons. planning to attend who need an interpreter or other person with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than November 22, 1993. � 1D / � Community Development Department � PLANNING DIVISION City of Fridley DATE: November 23, 1993 ��- TO: William Burns, City Manager� FROM: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant SUBJECT: Public Hearing for a Plat Request, P.S. #93- 04, Northco Business Park 4th Addition, by Fridley Business Center Partnership, Generally Located at 500 - 73rd Avenue N.E. The City Council established December 1, 1993 as the date of the public hearing, as required by the subdivision ordinance. Staff recommends that the City Council conduct the public hearing. NII�I/dn M-93-682 STAFF REPURT Community Development Department � � Appeals Commission Date Planning Commission Date: October 27, 1993 City Council Date: November 15, 1993 D mb 1 � 199� REQUEST ' Permit Number � Appiicant Proposed Request Location SITE DATA I Size � Density Present Zoning Present Land Use(s) Adjacent Zoning Adjacent Land Use(s) Utilities Park Dedication I Watershed District ANALYSIS Financial Implications Conformance to the Comprehensive Pian Compafibility with Adjacent Zoning and Uses Environmental Considerations RECOMMENDATION Staff Appeals Commission Planning Commission Author i�i/dn P.S. i�93-04 Fridley Business Center Partnership To replat three lots in the Northco Business Addition into four lots. 500 - 73rd Avenue N.E. 1,163,587 square feet 26,71 acres M-2, Heavy Industrial Industrial M-2, Heavy Industrial to the East and West; R-1, Single Family to the North; P, Public, to the South. :Industrial to the East and West; Residential to the North; Park to the South $.023 per square foot Rice Creek 0 Approval with stipulations Approval with stipulations r�, 4 O � r �� si i� �� .� 7 .. �� -/-[- a� -r[;/ iA/'i C�/�`�.J'�//�•,� .: , ,-•i, r_ ,.�}i �� �ii�f. „r �!', rrt-�, , „n,��ic"c� ��v a�ic-a�iic- �,c.- � 1 l//vIV!_/� `A�( HYL��✓�t. /Y.l_./ _ � 1�2_1'1�SlL_ / •. a. w �� � O �� � t•� ti • �� � 3..�.��:t, .... �� •' � ��'r�� ..i S e.` '� �. � : j`�;` . r�� ~ ��� 1 � � �OT R ACClaf AtK 1CC[23 AXO PARItINO p,�(�„ 7 P.S. ��93-04 Fridley Bus. Center Part. AI^ ^-� iv �/. �t/ �T l �- I `_ � � ` � �n �1 � � o ,_, ;; _ " � c-, \ E �! „� `____ —' �i.{ p PrrA: P�.: :• 1 R� .!�t o . �� S7'.4L'Fr � O'�� NI� r � � `��1 ��� \ � r� � ° O �� ( � � e R �-- � � • LTR' � > , p � ��� _ MI \ � � � ri S O • �I •I I' �r /' • _ ' _ • � � `' � '� y q li� .l '. C Y . � QI'� T�'Ji.•P�. �,� �� =e 1 rY.T�..- � �� tl� ' Z /3� . b �r1 � � . � � ��� � E f � ;r VI � � Q�� � ! °l.A.�T . �T"� ,t-k.��t � c_! �� _ ^ ^ . , �w- . , �� ' / < � � I � � • • � ► � R � � _$ i :. ��� � R a S R % i 3 ( � �1 -a•� � � �� � � a ��:� .� �" y y ;v -, � 1�� �{ ;� I Fr � ���� ,� i � Parceis from old Plat to be replatted � �� � y I r . U o . � t • /� � � � ��fi� � h 4 ���� I - � Q R;y � � i6r ^� 7 � g .. � � e ' , �--c�=�--- Z 8 1 c �� `� � M H 7 {,/,/ �; x .. . � , � � �� � � .` . n c�zr -ra ' � L•R{ � I> —� � C� j� � _ -� ; �- �6� i?�i xs � �3L �- M� a•�'M,7A� _ f..: 1'f � -� �i �O �� �� r� �� n -c 2B LOCATION MAP .�+��� i .i�1"1'1'1'� :;: �lt!`�� . = .... ���� � .... ...,.. �� ii������ • �������■ • ��......., .' r ; ,,...�... y ��...:..■'� „ � (■��■iiii � � I■������■ � .....-.. ,� ������i� ti ��""!! � ��.� ii�iiii , �� =a au���■ 1 v...... � ■�I.i��■ 7 ■��■ l� � a�� .� ' P.S. ��93-04 Fridley Bus. Center Part. i H 3 ; 6 '-" �=-- -y � • �. i � � '� i 2 • • �_� 4• • • UNITY `-"" ,,,,,M . � . . . „_,,, o � Aoo'� ;�;� HOSPITAL o • • � , � ?- ° �_ � � a ' '� I c " :? „L�- ��� �n a; �y �(` f is _ _ 6. i 3Z 3� . �.tA �T -Tr-'T--r— R-1, Single Family Dwelling ' �5 ' � � R1�t. ' �'-- �o .��`� •,� -f 3 � � I�� " 2 � � i C •�z• I G�tA •. . s � �� ,ti ,3 � 'H I �•,! ' 4:1� ,,.,. :.r:J 1� �,, � �� y� �� � .. � • 'i � � ��� � 1- i:: '' � °� I :•�;:;� R-2, Two Family Dwelling ' '� ' � s`' 2 � •. , 8 ;,� l' , . � ��� ��� ~. J. h �� .� ^ � iR ' o � � `'r � ��r9, < � � �, l � 1� � ,�, ' <: t� �,� /i a � ^6\ �3 z� ` y � . •d • + =e lJ *- �� 6 �� !� \� �!Q' / N:�: s „ ~� : � , � ' 9 Q \` , �. ♦1 �> B . ,S V •:'.• y B ; ` � �\ � � f��j /<; � J � a \� 10 •• 'r d' f ''„ �r vr �:. � ;ca' ' �B � r �d ,� � ,r ` � M14�SEi`) w� • �- f , � �� Erong�e% � ` E,>� --�," �:;� .•ia. � M , � F/E�e , _ � � �� � ,r F '�� CAuioh :•i: 3 r „ ; ? �j , o . rARh; � � � ,� .. c.•.� j i.� . ,� ' � y IQ 12 � i, ' '�� _ �.' � ,� � _ J .- -- -- .. � __-__ __ . � ' � — -- :�_._ _ __ _ ._..._�a,...... � - ---- �,,. 73 Ro AVENUE . N E �' p ��T TRACT 8 < • �u Z //�/// / REGISTERE� G� Sub�e�t. n Q //���� R . _ �p,ND /A ���� %/` ,�a i ���� L JPAr�e� Y 95 � ; � SUR � - / i .� / � � / � «� � NO M-2 Heav Industrial ' � � /� Y J ////////// ///////// C t�W- frv� n .fy "�' ''� ' �:r - . y.+ ' � .� r � �, : a ;� �! � �'- � �``� � � � � � � a'� � � - '� '� E`�"� � � � �' �'� � 8�:, � �' � � � ��' '�� � � �.� :�_ _� c � ��. I t� � �Cr�w �, ... � E`^l � . �: � � � . � � � �.., ... r � ��"�`� � G'�G� � P, Public .;�� ;�-� �- `� ,'�, _ � � ... �,°? . t"•'� ^ r� . r i • � ,� ti�� �� �r �� �_� � � a � ` �`''� `� �„'� �' ` � � �,- � - - �".; . � � � - �- �.� � .: . � .-a `� � _ � `�� � �-�:r� �. � . �:� � , � - —�- --- � `v" � 3 1'�� . :. rT . . l . 2C ZONING MAP Staff Report P.S. #93-04, by Fridley Business Center Partnership Page 2 Reguest The petitioner requests that a plat be considered to replat three lots of Northco Business Park into four. The request is generally located at 500 - 73rd Avenue N.E. The Fridley Business Center Partnership is comprised of Northco and Jim Gray, owner of Quick File. Quick File is located in the manufacturing facility located on the subject parcel. Mr. Gray is choosing to remove his interest from the partnership and wants to own the property where Quick File is located. In addition to Quick File, Carter Day Company and Steinwall, Inc. are also located in the building. Site The subject parcel is a combination of vacant and occupied parcels. Located on one parcel are two buildings; one used for research and development, the other as a manufacturing facility. The property is zoned M-2, Heavy Industrial, as are the parcels to the east and west. The property to the north is zoned R-1, Single Family Dwelling, and the property to the south is zoned P, Public. Analysis The proposed plat would create four parcels; two directly adjacent to 73rd Avenue with direct access onto 73rd Avenue, one adjacent to Northco Drive, and the fourth adjacent to 71st Avenue. The fourth parcel does not have access onto 71st Avenue as it abuts Locke Park. A 25 foot�"flag" will be created to provide road access to this parcel from Northco Drive. As proposed, the lots meet all of the minimum requirements outlined in the M-2, Heavy industrial zoning district regulations, including the minimum lot area of 1 1/2 acres and minimum lot width of 150 feet. The Engineering Department has indicated that an additional utility easement will need to be dedicated adjacent to the most northerly curve of Northco Drive. Two ten inch water lines intersect outside of the dedicated right-of-way and therefore a triangular utility easement needs to be dedicated on the plat (please see enclosed drawing). Recommendation As the proposed plat request meets the minimum M-2, Heavy Industrial standards, staff recommends that the Planning Commission recommend approval of the request with the following stipulation: 2D Staff Report P.S. #93-04, by Fridley Business Center Partnership Page 3 l. An additional utility easement shall be dedicated on the plat as indicated on the attached drawing. Planning Commission Action The Planning Commission voted unanimously to recommend approval of the request to the City Council as recommended by staff. City Council Recommendation Staff recommends that the City Council concur with the Planning Commission action. 2E � �� Wo -� Z ga � �` o � O r >-- ~ F- j U O Z O � � � Q 2 V i � Q L.i�.� VJ � W L �V \J �MI W O U _. � ... O Z �� �a^ 9 f ��� s �� � a E� � � �: as"� ":s °5 �3 s �° �;� �� .t ;�9 � : a"� f� es� .. �e ss"� � a% �� Yz� 5'J„ � c : �� � ay c�» �� 3:� 5 � �s sc�s � 3^ � „ • "� I��< �� .� °5� �y ".! 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P P , � ,� � �� �� C O N C..' ����,,,,,,� i � _ J I '/ \ � / �� �I \��.� 43°34'3 „ ` � ��L "� L 85.56 � ., � � p '' � i��� fQ � S ° ' S6`� E �,,; ' � ^� io' w � . ,?p ------�� ,- ZO7 --M- �" /, - " �,N S. �� T �, . , Q r � =t.6 16 � M � i �� , -- ,' ' � -L"=3l � � N c f— � p= 3 I° ' 25�� v ' � c ' / \ R � � L=61. � ' `� s � � ' � , � :, � �/ - — � H `� N (/�.� Y a��G.�'ELEC� , ,(� // ' � '1.2M' P-86'.9 _ "Yi 'i � � S�.S />� , / i � �NV-86�..9 , �; ;. , / / �! � � !� I A ntli �� � � � � i,' � %' ' , • '� �'' • CITY OF FRIDLEY M E M O R A N D D M � TO: WILLIAM W. BIIRNB� CITY MANAGER�,1�� FROM: RICHARD D. PRIBYL, FINANCS DIRECTOR WILLIAM A. CHAMPA, CITY CLERR 3UBJECT: MINNE30TA LAWFUL GAMBLING PREMI88 PERMIT RENEWAL APPLICATION FOR MOOSE LODGE 38 FRIDLEY DATE: NOVEMBER 23, 1993 Attached is a resolution approving the renewal application for a Minnesota Lawful Gambling Premise Permit for Moose Lodge 38 Fridley located at 8298 University Avenue Northeast. The Minnesota Gambling Control Board requires the adoption of a resolution approving or denying this premise permit renewal application. These applications expire every two years. � 3 RESOLUTION N0. - 1993 RESOLUTION IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT TO MOOSE LODGE 38 FRIDLEY WHEREAS, the City of Fridley has been served with a copy of a Renewal Application for a Minnesota Lawful Gambling Premise Permit for Moose Lodge 38 Fridley; and WHEREAS, the location of the Premise Permit is for Moose Lodge 38 Fridley, 8298 University Avenue Northeast; and WHEREAS, the City of Fridley has not found any reason to restrict the location for the charitable gambling operation. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley approves the Minnesota Lawful Gambling Premise Permit to Moose Lodge 38 Fridley. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1993. ATTEST: WILLIAM A. CHAMPA - CITY CLERK 0 Ll 1 WILLIAM J. NEE - MAYOR n ' _ � � Community Developmer�t Department PI.ANNING DIVISION City of Fridley DATE: November 22, 1993 TO: , William Burns, City Manager ��' FROM: SIIBJECT: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Variance Request, VAR #93-29, by St. Philig's-.. Lutheran Church On November 9, 1993, the Appeals Commission reviewed the variance request to increase the size of an institutional sign from 32 square feet to 70 square feet. The Commission voted unanimously to recommend denial of the request to the City Council. If the City Council approves the variance request, staff recommends the following stipulations: 1. 2. MM:ls M-93-691 The length of the variance is for two years. At the end of the two year period, the petitioner shall comply with the ordinance requirements or apply for a new variance. The petitioner shall apply for a sign permit for a permanent sign as required by the City Code. This includes paying the $60 permit fee. a F n � REQUEST Permit Number Appl icant Proposed Request Location SITE DATA 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 RECOMIlVIEENDATION Staff Appeals Commission Planning Commission Author MM:ls S TAFF REP O RT Community Development Department Appeals Commission Date iJovember 9, 19 9 3 Planning Commission Date - City Council Date December l, 1993 VAR #93-29 Thelma vash, St. �hilip's Lutheran Church To incrzase tYie size of an institutional sign from 32 sq. ft. to 70 sq. ft. 6180 Highc�ay 65 N. E. 7 acres R-3, General Multiple D:aelling Institu�ion (church) C-3, General Shopping Center, to the N& E; R-1, Single Family Dwelling, to the W& N Retail/office to,.the Pd & E; Single family to the ta & Rice Creek Watershed District Denial 0 . • si R l t� I � ; i � �.G• ' S �, �� ►, : � St. Philip's Church S �/2 S�C. !3, C/TY OF FR/� 14 N i � b �/n 24 � LOCATIQN MAP � 5 �- � 1 i f �� ♦ �•w .. :� , . ��/ ��� i�a . � � ' �N� 1��� • . e��� . ���■ �����`j,j � ` i°i iiiir - ��...�.uu , .r- � y! �. � ,. • � GGG�� � . - �� •�■ � ■�■ ' � � ' � ����� �� • � ���� � ,� � � - ~ ■�/�7'.�Rt! • � I_ ■\�l!\����/ /�� ■����/il����■ � ����������� r.��-. :�" "�;�+�±�� �� � i . •r • �.�1�' • a .i : � ' ' iiiii�i��� . , � � ■����r.��� ��� i� , Z� �. �•���,�♦���� 1A. 1t . ........ . • / /. � � � � ' �' i��i�1 I � ■�����l�f�■ �♦ � ��,�•�♦�• �1��� � �� �����u�ai����iii �'` � � � . 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J r zc � `''� �EAC J�i,'`'J Isr 1= x � .: P�� ` '- Z` g EL L�1 D � t�,,� ,e t � 3.'_ ` "� P' `f a � _ f �'� ..i. _ ' ♦ � �"' v�, fi ,� 1_ � L FA/ �'N A�'AD I ` �0 G y ! � i. V6 ^�1 � �I' � `� ' � 3 <- R-1, Single Family �' ' �� � . ,. . ., ... . G�TACE HIGN / SCHOOL ADOfT/� � i . _ ___ _ , ZONING MAP Staff Report V.AR #93-29, 6180 Highway 65 N.E. by St. Philip's Lutheran Church Page 1 A. STATED HARDSHIP: � None stated. B. ADMINISTRATIVE STAFF REVIEW: Request The petitioner requests that the maximum square footage square feet to 70 square Highway 65 N.E. Site a variance be granted to increase of an institutional sign from 32 feet. The request is for 6180 Located on the property is a single story masonry building. There is a gymnasium and activity center connected to the main church facility. The property is zoned R-3, General Multiple Family Dwelling. The property to the east and north is zoned C-3, General Shopping Center District. The property to the west is zoned R-1, Single Family Dwelling. Analysis Section 214.05.06.A requires that all institutional signs not exceed a maximum size of 32 square feet in area. Public purpose served by this requirement is to control visual pollution by eliminating large and excessive signage. The petitioner recently processed a variance request to increase the amount of time a temporary sign may be displayed from two weeks to two years. The City Council was reluctant to approve the request as a"temporary sign". The Council noted, however, that the remaining properties at the intersection have larger signs because of commercial zoning. The Council also thought it was unusual for a church to be in a "commercial area". (See Council minutes.) The petitioner has since withdrawn its original request and has submitted a new variance request to increase the square footage of an institutional sign from 32 square feet to 70 square feet. If this request is granted, the petitioner will keep both the original brick sign which received a permit in 1978 and the. new sign which was recently installed. The petitioner has indicated that they need time to review the type of permanent signage they wish to display on the property and the type of inessage to be displayed. They have indicated a willingness to work within a two year timeframe, at the end of which they will either comply with the institutional sign requirements or apply for a new variance. . � Staff Report VAR #93-29, 6180 Highway 65 N.E. by St. Philip's Lutheran Church Page 2 At the request of the City Council, staff reviewed the address files for all the churches within the City. This research revealed that most churches are complying with the 32 square foot maximum. However, there are two churches that have two signs which exceed the maximum 32 square feet. These churches are VaZley View Christian Church and Fridley Covenant Church. Both have permanent monument signs of approximately 24 square feet and a second sign constructed of plywood or other temporary-type material of approximately 32 square feet in area. The Appeals Commission has reviewed two variance requests in recent years requesting an increase in the amount of institutional signage. These requests were to increase the signage to approximately 40 square feet. In reviewing these requests, the Commission has typically recommended denial and the requests have been withdrawn and the petitioners complied with the ordinance requirements. If the Appeals Commission approves the request, staff recommends two stipulations as conditions of approval: 1. The length of the variance is for two years. At the end of the two year period, the petitioner shall comply with the ordinance requirements or apply for a new variance. 2. The petitioner shall apply for a sign permit for a permanent sign as required by the City Code. This includes paying the $60 permit fee. Appeals Commission Action The Appeals Commission voted unan.imously to recommend denial of the request to the City Council. City Council Recommendation If the City Council approves the variance request, staff recommends the following stipulations as conditions of approval: � 1. The length of the variance is for two years. At the end of the two year period, the petitioner shall comply with the ordinance requirements or apply for a new variance. 2. The petitioner shall apply for a sign permit for a permanent sign as required by the City Code. This includes paying the $60 permit fee. 4E I � � � � � �- � ,n � r1 O c F�-�- � � � C1' � F� f�D � c�i' O �-fi � �� 1:/ N O � ri O � � fi O � �. � � �� � � f • � � � � � � 0 � � � � � a . � � � � � � � � � � ,. � � � �`it� � � � � � � � � � � � � � � � � �■+• � �i � � � • � � � St. Philip's Church � � � � � � � � � � � � � � � � � � � � � l �/ � � � � � � � � � � /r/ 0 � � � 0 � � c � � � s� � Z � � � � � � �s I-'. v1 � � � � . 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This is a small ot--about 300 feet under the minimum lot� size. It i difficult to construct an addition without a variance on a small lot. The other Commission members MOTION by Dr. Vos, seconded by\ request, VAR #93-28, by Sawhorse 205.07.03.D.(3).(a� of the Fridl yard setback from 25 feet to 24 an addition on Lot 1, Block 2, 1640 - 76th Avenue N.E. eed with Dr. Vos. Mr. Kuechle, to approve variance esigners & Builders, per Section a Zoning Code, to reduce the rear f et to allow the construction of Qu'mette Terrace, the same being UPON A VOICE VOTE, ALL VOTING AYE, MOTION CARRIED UNANIMOIISLY. SAVAGE DECLARED THE 2. CONSIDERATION OF VARIANCE RE4UEST VAR #93-29. BY ST. PHILIP'S LUTHERAN CHURCH: Per Section 214.05.06.A of the Fridley Sign Code, to increase the size of an institutional sign from 32 square feet to 70 square feet to allow the existence of two signs on the property on Outlots 1 and 2, Block 2, Moore Lake Highlands, 4th Addition, generally located at 6180 Highway 65 N.E. MOTION by Mr. Kuechle, seconded by Ms. Beaulieu, to open the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THS MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 7:39 P.M. Ms. McPherson stated this is a revisit of the temporary/permanent sign for St. Philip's Lutheran Church. The church is located at the intersection of West Moore Lake Drive and Highway 65. The property is zoned R-3, General Multiple Dwelling. The.property to the east and north is zoned C-3, General Shopping Center District. The property is to the north and west is zoned R-1, Single Family Dwelling. Ms. McPherson stated the Commission recently reviewed a sign variance request by the petitioner requesting a variance to increase the amount of time a temporary sign may be displayed from the permitted two weeks to two years. During its discussion of the variance request, the City Council was reluctant to approve the request as a temporary sign. However, the Council did note that the remaining properties on the other three corners of the intersection have larger signs because of their commercial zoning as opposed to the church's residential zoning. Ms. McPherson stated the petitioner has withdrawn its original request and has modified and resubmitted a variance request to increase the square footage of an institutional sign from 32 square feet to 70 square feet. If this request is granted by the City Council, the petitioner will keep both the original brick monument sign as well as the new sign. The petitioner has indicated that 4J APPEALS COMMISSION MEETING, NOVEMBER 9. 1993 PAGE 4 the church would like time to review the type of permanent signage they want to display on the property. They have indicated that they would be willing to work within a two year timeframe, at the end of which they would either comply with the institutional sign requirements or apply for a new variance request. Ms. McPherson stated that at the request of the City Council, staff reviewed all the address files and made site visits of other community churches. The results of that research were included in the staff report. Typically, most of the churches meet the 32 square foot maximum. However, two churches in the community exceed the maximum 32 square feet. Those churches, Valley View Christian Church and Fridley Covenant Church, have approximately 56 square feet of signage. Ms. McPherson stated the Commission has reviewed two variance requests in recent years requesting an increase in the amount of institutional signage. These requests were to increase the signage from 32 square feet to �0 square feet. The Commission has typically reconimended denial of these requests, and the requests have then been withdrawn and the petitioners have complied with the ordinance requirements. Ms. McPherson stated that if the Commission chooses to recommend approval of this request, staff recommends two stipulations: 1. The length of the variance is for two years. At the end of the two year period, the petitioner shall comply with the ordinance requirements or apply for a new variance. 2. The petitioner shall apply for a permanent sign as required by the includes paying the $60 permit fee. sign permit for a City Code. This Ms. Savage stated she did not see much difference between this request and the previous request. It still looks like they are dealing with a temporary sign. Ms. McPherson stated they are dealing with the sign that the petitioner first defined as temporary. The petitioner has now decided they would like to use this sign as a permanent sign for the next two years, while they use the two year timeframe as an opportunity to review comprehensive signage for the property, at which time they will either comply with the ordinance of 32 square feet or apply for a new variance. Ms. Savage asked if the Commission is supposed to treat this request as a permanent sign request; and, if so, why didn't staff do the usual analysis to the Sign Code? Ms. McPherson stated that, yes, the Commission should treat this request as a permanent sign request. Based on the Commission's and City Council's discussion of the previous variance request, staff made the decision not to use the typical standards set forth 4K APPEALS COMMISSION MEETING, NOVEMBER 9. 1993 PAGE 5 in the Sign Code as part of the analysis of this request, to just present the facts, and let the Commission make its decision based on these facts. Dr. Vos asked the maximum square footage for signs in C-3 zoning. Ms. McPherson stated the maximum is 80 square feet. She stated the sign for the Moore Lake Commons Shopping Center did receive a variance. The sign, which is approximately 240 square feet, is used for both the east and west shopping centers. Ms. Jennifer Prasek stated she is the President of St. Philip's Lutheran Church. Ms. Savage asked why this variance is different than the original request. Ms. Prasek stated that the City Council felt very uncomfortable, and so ciid the Church, in calling this sign a temporary sign because they hoped to have the sign up for two years during their capital fund drive. In addition to reminding their members of the fund drive, the sign also serves as a welcome and invitation to the community to join them. The current permanent signage is really just a monument sign with only the church name which is just an identification sign. They know it is advantageous to let people know about service hours and to have a welcoming message. The monument sign does not have that capability. Mr. Kuechle s,uggested the church remove the existing brick sign; then the church would comply with the Sign Code. Ms. Prasek stated that is the reason for the variance for just two years. They do not wan� to tear down the existing sign and then find out later that they could incorporate it into a new sign with new lettering. They want time to study this in detail and do not want to rush into getting rid of that sign. Mr. Kuechle stated two years seems a little too long. He believed six months would be a little more reasonable. Ms. Prasek stated that if the variance was only for six months, then it would probably fall more in line with a temporary sign. This is really more of a perma�ent sign than a temporary sign because of the two year time period. Ms. Prasek stated the church certainly recognizes the need for new permanent signage, but they also recognize that would require a lot of input, study, and discussion. They do not want to rush that process. Dr. Vos stated he could sympathize with the two year timeframe. He understood where discussions might take that long. It is different with this kind of institution than a commercial business in making decisions. 4L APPEALS COMMISSION_MEETING, NOVEMBER 9. 1993 PAG$ 6 Ms. Smith stated this is certainly a unique situation. iier problem is that if they say yes to this variance, then what stops other churches from making the same requests? Mr. Prasek stated she believed Philip's has a very unique piece of property as a church in Fridley. They are second in square footage only to St. William's Catholic, another church located on the corner of 61st Avenue and University Avenue. With seven acres, they feel they are quite insulated from the residential areas around them. The signage is located on the highway, the same highway as all the commercial signage around them. They feel this sign does not look out of place in this area. MOTION by Ms. Beaulieu, seconded by Mr. Kuechle, to close the public hearing. IIPON A VOICE VOTE� ALL VOTING AYE� CHAIRPERSON SAVAGE DECLARED THE MOTZON CARRIED AND THE PIIBLIC HEARING CLOSED AT 8:00 P.M. Ms. Savage stated she believed all the Commission members sympathized with the Church's need for larger signage. Th� problem is that she really did not see any difference between this request and the previous request which the Commission recommended denial. She would have a difficult time recommending approval without havinq more input about the analysis staff usually does for sign variances. The studies made by staff apparently show that other churches are conforming to the code. She stated the Commission cannot approve or recommend approval of a variance without a hardship or some unique circumstances that would warrant a variance. The Church did not report any hardship with their variance request, and she did not see how the Commission can recommend approval without a hardship. Ms. Prasek stated she apologized for not having stated a hardship in the request. The second request was put together fairly quickly and resubmitted to staff. Mr. Kuechle stated there seems to be some options for the petitioner. The church has the option of removing the brick monument sign or placing this sign over the monument sign. Because of different options available to the petitioner, he would be concerned about approving this variance request. Ms. Beaulieu stated the petitioner brought up St. William's which also has a lot of area, and St. William's has a 32 sguare foot sign. The staff report indicated that most of the churches in Fridley are complying with the Sign Code and that when two petitioners applied for larger institutional signage and were denied by the Appeals Commission, the petitioners complied with the Sign Code. Ms. Smith stated she agreed with Mr. Kuechle. There are other options available to St. Philip's. She stated she is uncomfortable 4M APPEALS COMMISSION MEETING. NOVEMBER 9, 1993 PAGE 7 with a two year stipulation as stated in the previous request and with this request. She is also concerned about setting a precedent if they recommend approval of this request. Dr. Vos stated the petitioner did mention the size of the St. Philip's property. Also mentioned by staff is the location, but there are other churches located in similar positions. Some of those do have signs larger than 32 square feet--one on University Avenue that is 56 square feet and one in a residential area that is 56 square feet. He also has a difficult time seeing the difference between this request and the previous temporary sign request. It is essentially the same request, only asking now to call it a permanent, temporary sign, rather than a temporary, temporary sign. He realized it will take some time for the Church's council to work through what they want to do as far as signage, but there seems to be more options than having two signs for two years. He stated he would vote to recommend denial. MOTION by Mr. Kuechle, seconded by Ms. Smith, to recommend to the City Council denial of variance request, VAR #93-29, by St. Philip's Lutheran Church, per Section 214.05.06.A of the Fridley Sign Code, to increase the size of an institutional sign from 32 square feet to 70 square feet to allow the existence of two signs on the property on Outlots 1 and 2, Block 2, Moore Lake Highlands, 4th Addition, generally located at 6180 Highway 65 N.E. IIPON A�VOICE VOTE, ALI� VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED IINANIMOIISLY. Ms. McPherson stated there is a possibility of this item being scheduled on December 1, 1993, at the Truth and Taxation meeting. She stated she will confirm this with the City Manager. The other Council date is December 13. Ms. Prasek stated December 1, 1993, would be preferable. 3. KLAPHAKE: Per Section 205.04.06.A.(7) o increase the height of a fence to 6 feet to allow the constru yard on Lot 8, Revised Auditor' being 6664 East River Road MOTTON by Mr. Kuechle, seconded by reading of the public hearing notice the Fridley Zoning Code „ to in the front yard from 4 feet tion of a fence in�the front � Subdivision No. 23, the same . Beaulieu, to waive the � open the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRP R30N SAVAGE DECLARED THE MOTION CARRIED IINANIMOIISLY. Ms. McPherson stated the property is locat d on the west side of East River Road. The Banfill Locke Center f r the Arts is located directly to the north. The property is zon d R-1, Single Family 4N Pa�ks Streets �da ntenancc ME MORANDUM n�� TO: William W. Burns, City Manager ,� PW93-457 . FROM: John G. F1ora,rPublic Works Director DATE: December 1, 1993 SUBJECT: MSAS Signal Variance Request We have been advised by the Municipal State Aid Office that the Cit}/s request for�3�c of � off-system funds for signal installation on University Avenue cannot be supported because the MNDOT plans were not reviewed by the State Aid office. Accordingly, we need to issue a variance request from the Rules in order to obtain funds for the signal installation. The attached resolution requests a variance of the State Aid Rules as they apply to project approval so that appropriate funds for the signal improvements at 53rd, 57th, 69th, Osborne and 81st Avenues on Highway 47 (University Avenue), as well as the 53rd and 73rd intersections on Highway 6S (Central Avenue) can be obtained. Recommend the City Council approve the attached resolution so that we may process the funding variance request. JGF:cz Attachment 5 � . •.. � RE80LUTIaL�T 1�U. - 1993 i•,� • � •� •�a� � �_ � � • • �• a+� •,� �� i i�: i v• �- � ������i� • • ti ••'.IV• •' � • ` •1 Y• • /� • •'�i' • •l ti •JI �i'/• ' �1• � :�� � i i�•.• i �� r r• � i• •,• a+ i�+ � � �� WI�REA3, plans, specifications and agreements were prepared by MN/DUT for rnnnerous traffic signal improvements along T.H. 47 and T.H. 65 in Fridley noted as follows: I,ocation 73rd Ave @ �i 47 and 'IH 65 TH 47 @ 61st, 69th, Osl�orne, ar�ci 81st TH 65 - 52nd to 53�1 'IH 47 @ 531�d, 57th, and 61st Agr�ment No. 70256 67929 68243 69741 Present SAP No's 127-307-10 127-308-02 127-010-11 127-010-05 125-319-02 127-010-10 127-319-03 127-301-03 127-3Q2-12 using M�icipal State Aid and Off-System F'unds; and State Proiect No's SP 0205-57 (TH 47) & 0207-57 (ZH 65) CS 0205 SP 0207-54 0205-62 (53�1) 0205-63 (57th arxl 61st) �.S, Minnesota Rules, Chapte.r 8820.2800, Subp. 2 reads in part "... only those projecks for which final plans are a�raved by the State Aid Eng�neer before awan�ing a contract... are eligible for State-Aid Construction Ft,uids."; and �AS, the City of Fridley was not aware that NIl�T/DOT had not sutenitted their plans to the State Aid Offioe for reviera and appraval; and W�AS, the City is relying on "State Aid Cbnstruction Ftuids to fis�x� the City's total costs of the abvve mentioned signal imprc�ve�nents, including, but not limi.ted to, interconnects, �ency vehicle pre-eng�tion, lighting and inte�rnally lit street name signs; and WI�,S, the City will be severely eoonoanically iYt�pact:ed withvut the anticipated State Aid fundincJ- Ia7W, '�ORE, B� IT RF50LVID �T, the City Council of the City of Fridley, Anoka County, Minnesota, does hereby request � variaizce frcen NIld/DOT rules for State Aid operations p�azsuant to Chaptc�x 8820.3300 froan said Chapter 8820.2800, Subp. 2 as noted, aryd requests the abave City costs be totally rein�.irsed to the City of Fridley frc�n the State Aid Construction Furyd. - �+� � �� • .• • :�� u:i� •� n r • � r•i� a • � • r. . �:� : � � • � �,���; r. �• f• M '��A WILLSAM A. C�I�NlI'A - CITY C,LERK 5A WILLIAM J. NEE - MAYOR Fn;�neenng Sewer water Pa!k,s Streets Maintenancc ME MORANDUM � TO: William W. Burns, City Manager .�� PW93-458 � FROM: John G. F1ora,�Public Works Director Scott Erickson, Asst Public Works D'uectord �. DATE: December 1, 1993 SUB7ECT: Street Improvement Project ST. 1993-1&2: Change Order No. 2 Additional work was required to complete the 1993 street reconstruction projects. The e�ra work is attributed to unforeseen conditions and additional quantities added to the contract. Retaining walls were installed at the end of Hathaway Lane and on 53rd Avenue just west of Matterhorn to provide maintainable slopes at these locations. The cost to construct the retaining walls was $11,745. During construction of the Fire Training Center, pockets of poor soil were encountered during grading and were necessary to be removed and backfilled with select material. The cost to remove and replace the soils was $2,t100. Eight catch basins needed to be relocated on Regis Drive. The catch basins were originally going to be adjusted to the new curbing. Based on the configuration of the new street, it was necessary to relocate the catch basins. The cost to relocate the catch baSins was $12,800. Two new catch basins were installed on Regis Drive to unprove drainage. In order to pipe these catch basins to the nearest storm system; additional underground piping was necessary. The cost to perform this work was $4,032. Additional bituminous paving was required to extend a bike path at the new Moore Lake, Beach parking lot. The additional cost to perform the work was �9,160. It is recomrnended that Council approve Change Order No. 2 of the Street Improvement Project in the amount of $39,737. SE/JGF:cz Attachment � � . . r. � CITY OF FRIDLEY ENGINEERING DEPARTMENT 6431 UNIVERSITY AVENUE N.E. FR{DLEY, MN 55432 December 1, 1993 Northwest Asphalt 1450 County Road 18 Shakopee, MN 55379 SUBJECT: Change Order No. 2, 1993 Street Improvement, Project No. ST. 1993-1&2 Gentlemen: You are hereby ordered, authorized, and instructed to modify your contract forthe 1993 Street Improvement Project No. ST. 1993-1&2 by adding the foilowing work: Addition: PART Item F 12 in. RCP J Keystone wall S Keystone wall M Selected granular borrow L Asphalt Path F Reicate catch basin TOTAL ADDITIONS TOTAL CHANGE QRDERS: Quanti 72 LF 468 SF 315 SF 250 CY 400 Ton 8 each Price 56.00 15.00 15.00 8.00 22.90 1,600.00 Amount 4,032.00 7,020.00 4,725.Q0 2,000.00 9,160.00 12,800.00 $39,737.00 Original Contract Amount . . . . . . . . . � . . . . . . . . . . . . . . . . . $ 902,467.32 Contract Additions - Change Order Na1 .......................................107,240.00 No.2 ................... .................. 39,737.00 REVISED CONTRACT AMOUNT . . . . �1,049.444.32 , .� Northwest Asphalt, Inc. Page 2 Change Order No. 2 December 1. 1993 Submitted and approved by John G. Flora, Public Works Director, on the ist day of December, �nnn • � r- G. Flora, PE irector of Public Works Approved and accepted this day of_ N4RTHWEST ASPHALT, INC. �.� -.� • ---r U- � Thomas Kenney, Proj Approved and accepted .this CITY Of FRIDLEY Wiiliam J. Nee, Mayor William W. Bums, City Manager 1993 by day of , 1993 by .: � Enc,ineer�on Sewer water Pa�ks Sireets �J'�aintenacc�� MEMORANDUM TO: William W. Burns, Cit Manager �`��. PW93-455 Y o� FROM: John G. Flora, �ublic Works Director Scott Erickson, Asst Public Works Directord�, DATE: December l, 1993 SUBJECT: 63rd Avenue Booster Station Project No. 260 The brick selected for the 63rd Avenue booster station exceeded the original contract allowance by a total of $960. The Army has agreed to pay for the increase in the brick allowance. Recommend City Council approve change order No. 1 to the 63rd Avenue Booster Station Project No. 250 for the amount of $960. SE/JGF:cz Attachment % � �• �.; NOV-19--93 FR I 16 � 17 � l� v M.�A CONSllLT I NG ENG I NEERS FAX N0. 6126449446 P, 02 CO�iSUI�'1'YG �hCf�S �IVlt fNGlNrFR1NG. fNNRONMENTAt �ttl�viCr�,ac PtANN1NG 5r.�uCn��.at StikvfYi.ti'G TR.4FF1C iRAN5POR7AT10N 1326 Ener��y Park Drive St. Paul, MW SS1Q8 612-6L4-4389 Fax: 612•644-9446 9800 Shelqrd Parkwny MinneapoCs, MN 55441 b12-546•0432 Fax: 612• `4�•6398 MEM4 TO: FROM: DATE: SUBJECT: FILE: Scott Erickson, Assistant Public Works Director John Hemming November 19, 1993 63rd Avenue Booster Station Change Order No. 1 City Project No. 250 �: 11' 1 The Specificalions for the b3rd Avenue Booster Station require that the Contractor make an allowance of :$30Q per thousand face °brick in his bid price. When the exact brick style, color, and manufacturer are not specified, an allawance is used to keep bidders on an even basis, due to the wide range of brick prices. If the briek s��lecteti casts less than the allowance, the total cost difference is subtracted from the contract price. If the brick selected costs more than the allowance, the total cost difference is sidded to the contract price. In this case, t�he bid allowance of $300 per thousand face brick was law. In total, roughly 9,000 :face br.ieks were used. The actual brick costs exceeded the specified bid allowance by a total of $960. Change Ordez No. l reflects the actual brick costs exceeding the bid allowance by $960. JH:tp - ooa-i9os.,�� 7A � CHANGE ORDER (Instructions on reverse side) No. 1 PROJECT: 63rd Avenue Flow Control and DATE OF ISSUANCE: November 9, 1993 Booster Station OWNER: City of Fridley (Name, Fridley, Minnesota Address) OWNER's Project No. 250 CONTRACTOR: Richmar Construction, Inc. 7776 Alden Way ENGINEER: Fridley, MN 55432 Maier Stewart and Associates, Inc. 1326 Energy Park Drive CONTRACT FOR: 63rd Avenue Flow Control St. Paul, MN 55108 and Booster Station ENGINEER's Project No. 685-004-30 You are directed to make the following changes in the Contract Documents. Descriptien: Payment for the booster station face brick/block. Purpose of Change Order: To account for the face brick/block e;cceeding the contract allowance of $300/M by a total of $960. Attachments: (List documents supporting change) CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIME: Original Contract Price Original Contract Time $ 346,400 March 1, 1994 days or date - Previous Change Orders No. -- to No. -- Net change from previous Change Orders � $ --- a,y� Contract Price prior to this Change Order Contract Time Prior to this Change Order $ 346,400 March 1, 1994 � dayn ot date Net Increase of this Change Order Net Increase of this Change Order $ 960 --- day� Ccr.tract Price with all approved Change Contract Time with all approved Change Orders . Orders $ 347,360 March 1, 1994 day� or dat• RECONII�IENDED: APPROVED: , APPROVED:. � � ` . �' / % ' � � �: _s By . By ,�� gy =� 4.=��' Engineer - , j ' Owner Contract�Y ✓ � EJCDC No. 1910-B-B (1983 Edition) 685-COM1 .250 6H5-004-30 � Eng�neering Sewer Water Pa�ks Sveets �v'a�n;en�nce MEMORANDUM TO: William W. Burns, City Manager �� PW93-459 d� FROM: John G. Flora, Public Works Director Scott Erickson, Asst Public Works Director�i DATE: December 1, 1993 SUBJECT: Locke Park Filter Plant, Project No. 240: Change Order No. 1 At the November 1, 1993 Council meeting, Council awarded the Locke Park Filter Plant Renovation Project No. 240 to NewMech Companies, Inc. for a project cost of $658,000. This amount reflected a$35,000 deduct for NewMech not having to dispose of hazardous sandblasting material. This change order provides the appropriate documentation to reflect this deduction from the original bid amount. Change Order No. 1 reflects a deduct of $35,000 to adjust the contract amount from $693,000 to $658,000. Recommend that City Council approve Change Order No. 1 of Locke Park Filter Plant Renovation Project No. 240. SE/JGF:cz Attachment : � CHANGE ORDER (Instructions on reverse side) No. 1 PROJECT: Locke Park Water Filter Plant DATE OF ISSUANCE: November 2, 1993 Refurbishing OWNER: City of Fridley (Name, 6431 University Avenue N.E. OWNER's Project No. 290 Address) Fridley, MN 55932 CONTRACTOR: NewMech Companies, Inc. ENGINEER:MSA Consulting Engineers 1633 Eustis Street 1326 Energy Park Drive St. Paul, MN 55108 5t. Paul, IyIId 55108 CONTRACT FOR: Locke Park Water Filter Plant Refurbishing ENGINEER's Project No. 685-003-20 You are directed to make the following changes in the Contract Documents. Description: Handling and disposal of hazardous material for lead based paint. Purpose of chanqe order: This chanqe order deletes the cost of hazardous material handling and disposal for lead based paint. If the lead levels in the paint exceed the EPA threshold for hazardous materials, the cost will need to be change ordered back into the project. � Attachments: (List documents supporting chanqe) CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIME: Original Contract Price Original Contract Time $ 693,000.00 ays or ate Previous Change Orders No.--- to No. --- Net change from previous Change Orders $ 693,000.00 ays Contract Price prior to this Change Order Contract Time Prior to this Change Order $ 693,000.00 ays or ate Net ��� (decrease) of this Change Order Net Increase (decrease)of this Change Order $ 35,000.00 ays Contract Price �vith all approved Change Contract Time with all approved Change Orders Orders $ 658,000.00 " ays or ate RECONI��SENDED: APPROVED: APPROVED: g � �` ..� �� by -� � b �'"j .�.", �/.._�_,.-, ��y . Y ,GL-cl'`"� � ���-e t Y - �MSA Consu ting Engineers ty o Fri ey ' NewMec Companies, Inc. - EJCDC No. 1910-8-B (1983 Edition) �«-�ss.om (��2-2 bas-m3-2o �J �o 11 � � FOR CONCURRENCE BY THE CITY COUNCIL �LECTRICAL Enterprise Electric 637 West Larpenteur Roseville MN 55113-6544 (�AS SERVICES ACE Mechanical Services Inc 5217 190 LN Wyoming MN 55092-9744 . Burnie Battle Jim Harvey C�. EN�YtAL GONTR.ACTOR-CQ�IMERCIAL J M Bruggeman Companies Inc (5359) 420 E Co Rd D Little Canada MN 55117-1218 James Bruggeman EFH Co 160i E Hwy 13 #204 Burnsville MN 55337-6848 Mike Whalen S'�FN�RAi cONTRACTOR_RESID��jTIAL Dimensian Builders Inc (2b21) 6461 Riverview Ter NE Fridley MN 55432-4265 Richard Morkrid North Central Bui�ders (3763) 7401 42 Ave N New Hope MN 55427-1219 Robert Norcross Roggenbuck Ccistom Built Homes(6833) 514 7$ Ave Spring Lake Park MN 55432-2704 Steve Roggenbuck Sawhorse Builders (2382) 4740 42 Ave N Robbinsdale MN 55422-1851 HEAT�NG ACE Mechanical Services Inc 5217 190 Ln Wyoming MN 55092-9704 Jakes Service Inc 1600 85th Ave NE Spring Lake Park MN SSG�32 Dave Dahl Jim Harvey Jake Pyles 11A LICENSES STATE OF M1I�TN � GARY FORD BldglMech Insp TH4MAS BLAZINA Ciuef Bldg Ofcl .Sasne STATE QF MINN Same Same Same GARY FORD Bldg/Mech Insp Same PLUMBING Gavic & Sons Plumbing 12725 Nightengale St NW Coon Rapids MN 55448-7054 Piper Plumbing Inc 1096 E Minnehaha St Paul MN 55106-4622 Plumbing Service Center 9261 Davenport St NE Blaine MN 55449-4348 SIGN ERECTOR Midway Sign Company Inc 444 N Prior Ave St Paul MN 55104 Paul Gavic Joseph Edholm Breck Ogren David Zanaitsch = STATE OF MINN Same Same Same 11C 12