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05/16/1994 - 4919OFFICIAL CITY COIINCIL AaBNDA COIINCIL �IELTINQ MAY 16� 1994 � .�: ;. . �':�; _, - �` ,i� 4� _ :. �.a= ; ,,�:;. F . , . ... `;y. . " . . . :�� .. . , . -: � �.°� FRIDLEY CITY COIINCIL MEETING ATTENDENCE SHEET Nlonday, P�ay 16, 1994 7:30 P.M. rj PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN . PRINT NAME (CLEARLY) ADDRESS ITEM NUMBER �o� ` � � � � � o �`� .� `7Cflt - t�- ooJQ - �� D�/ �/�/ C lDr� �� G vj� ��L�l ,, L� e�c �c , 6L �� w � 4 `ti�= a � � � � � �� i�'1rV" � ' �� ln�+J;�R�Jn�a� (�,Ti�-Tr'.�. g� �� `��- � � � �^'� , l �.II-,L ��'�- . f - $� ��/ ,��. � " �' z -� -. �'�� ._--� � � %� S � �� 1 !"�;YZ (/' � �vV % '2 � _ �� u�- �� D r� � > -��J %� r G �� -�� /%I 0 �f � � L. / V � � � � :�%{��,,��..- `3 �'� G: 3 �� /� %�,�� G�='�L �- l- � �, � � � /,, �� 7��j ; � �� ' - `�' �— � `� S . � � , �� ` �� i' '� �� '� � �1 � - •� � / ! � FRIDLEY CITY COUNCIL MEETING OF MAY 16, 1994 PUBLIC HEARINGS: Proposed Transfer of Control of CAN Operations in Fridley . . . . . . . . . . . . . . . . . . . . . . . . . 1 - 1 G Vacation Request, SAV #94-01, by Scott Lund, to Vacate a 15 Foot Drainage and Utility Easement, Generally Located on Highway 65 � South of Fireside Drive and North of 73 1/2 Avenue N.E. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 - 2J OLD BUSINESS: Award Contract for Street Improvement Project No. ST. 1994 - 10 (Tabled May 2, 1994) .......................................... 3-3E Second Reading of an Ordinance Repealing Chapter 107 of the Fridley City Code in its Entirety and Adopting a New Chapter 107 Entitled "Fire Department" . . . . . . . . . . . . . . . . . . 4 - 4B Page 2 FRIDLEY CITY COUNCIL MEETING OF MAY 16, 1994 NEW BUSINESS: Approve Easement Conveyances to the County of Anoka for Highway, Utility, Drainage and Bikeway Purposes for the Improvement of East River Road Between Hartman Circie and Glen Creek Road.......................................... 5-5E Approve Contract Between the University of Minnesota and the City of Fridley for the Canada Goose Population Management Program at Moore Lake Beach and Park 0 ................ 6-6N Receive the Minutes of the Planning Commission Meeting of May 4, 1994: . . . . . . . . . . . . . . . . 7 - 7Z A. Establish a Public Hearing for June 6, 1994, for a Zoning Te� Amendment, ZTA #94-01, by William Turner, to Approve an Ordinance Recodifying the Fridley City Code, Chapter 205, Entitled "Zoning," by Amending Sections 205.14.1.B, 205.14.1.C, 205.15.1.B, 205.15.1.C, and Rescinding and Amending Chapter 32, entitled "Food � Establishments" ........................ ........................ 7-7D 7Z Page 3 FRIDLEY CITY COUNCIL MEETING OF MAY 16, 1994 NEW BUSINESS (CONTiNUED� Resolution Approving a Plat Request, P.S. #94-02, Northco Business Park 5th Addition (by Fridiey Business Center Partnership) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 - 8E Resolution Supporting the Anoka County Mississippi Regional Trail Master Plan . . . . . . . . . . . . . . . . . . 9 - 9J Page 4 Resolution Authorizing Preliminary Plans, Specifications and Estimates of the Costs Thereof: Central Avenue Bike Path Project No. ST. 1994 - 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 - 106 Resolution Receiving the Preliminary Report and Ordering Final Plans and Estimates of Costs Thereof: Central Avenue Bike Path Project No. St. 1994 - 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Resolution Ordering Improvement and Approva! of Plans and Ordering Advertisement for Bids: Central Avenue. Bike Path Project No.1994-9 ..................................... 12 FRIDLEY CITY COUNCIL MEETING OF MAY 16, 1994 NEW BUSINESS (CONTINUED): Page 5 Resolution Authorizing Preliminary Plans, Specifications and Estimates of the Costs Thereof: Kerry Lane Reconstruction Project No. ST. 1994 - 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 - 13B Resolution Receiving the Preliminary Report and Ordering Final Plans and Estimates of Costs Thereof: Kerry Lane Reconstruction Project No. ST. 1994 - 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Resolution Ordering Improvement and Approval of Plans and Ordering Advertisement for Bids: Kerry Lane Reconstruction Project No.ST.1994-12 ................................. 15 Resolution Ordering Final Plans and Estimates of Costs Thereof: Stinson Boulevard Street Improvement Project No. ST. 1993 - 7 . . . . . . . . . . . . . . . . . . 16 - 16B FRIDLEY CITY COUNCIL MEETING OF MAY 16, 1994 NEW BUSINESS (CONTINUED): Resolution Receiving Final Plans and Specifications and Ordering Advertisement for Bids: Stinson Boulevard Street Improvement Project No. ST. 1993 - 7 . . . . . . . . . . . . . . . . . . 17 Informal Status Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Appointment: City Employee . . . . . . . . . . . . . . . . . . . . . . . . 19 IClaims ......................................... 20 Page 6 Licenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 - 21 F I Estimates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 - 22A � ADJOURN: T88 MINQTSB OF THE FRTDLSY CITY COUNCIL M8$TIWQ OF MAY 2, 1994 � THB MINLJTES OF THE REGULAR MEETINQ OF THE FRIDLEY CITY COIINCIL OF MAY 2, 1994 The Regular Meeting of the Fridley City Council was called to order by Mayor Nee at 7:38 p.m. 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, Councilman Schneider and Councilwoman Bolkcom MEMBERS ABSENT: None APPROVAL OF MINUTES: BOARD OF REVIEW MEETING, APRIL 18, 1994: MOTION by Councilman Schneider to approve the minutes as presented. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. COUNCIL MEETING, APRIL 18. 1994:_ MOTION by Councilman Schneider to approve the minutes as presented. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilman Schneider to adopt the agenda as submitted. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: VFW BUDDY POPPY DAY: Mr. Rudy Nessman, Fridley VFW Post 363, appeared before the Council in regard to Buddy Poppy Day on May 20. He requested a proclama- tion to recognize this day in the City of Fridley. He introduced Maxine Nystrom, of the VFW Auxiliary, and Melissa Ahlstrom, Buddy Poppy Queen. Mayor Nee stated that he would be happy to issue a proclamation for Buddy Poppy Day for the Veterans of Foreign Wars. FRIDLEY CITY COIINCIL MEETING OF MAY 2 1994 PAGE 2 OLD BUSINESS• 1. VARIANCE REOUEST, VAR #94-01, BY DONALD EGERER FOR UNO-VEN COMPANY, TO INCREASE THE MAXIMUM SOUARE FOOTAGE OF A SIGN FROM 80 SOUARE FEET TO 227 S4UARE FEET, GENERALLY LOCATED AT 5695 HACKMANN AVENUE N.E. jTABLED APRIL 18, 1994): Mayor Nee removed this item from the table. Ms. Dacy, Community Development Director, stated that this property is located at the corner of Highway 65 and Hackmann Avenue and is occupied by the Union 76 gas station. She stated that a number of signs now exist on the property. She stated that there is a 12 foot wide "76" high-rise sign which is 113 square feet; two 90 square foot self-serve signs located on the canopy; one 50 square foot free-standing price sign; one 20 square foot reader board located on the building; and 30 inch by 25 foot signs spanning the posts of the gas canopy. Ms . Dacy stated that the variance is to increase the maximum square footage of a sign from 80 to 227 square feet. She stated that the petitioner is proposing to eliminate the 50 square foot price sign and replace it with a 114 square foot free-standing sign. She stated that when added to the other existing free-standing sign on the property, the total free-standing sign area would be 227 square feet. Ms. Dacy stated that the Appeals Commission recommended denial of this variance request because they felt it did not meet the four criteria for the variance, as outlined in the Sign Code. Councilman Schneider asked if the existing large orange "76" sign would be eliminated. Mr. Egerer, representing Uno-Ven Company, stated that the "76" sign would remain, but the 50 square foot price sign would be replaced with the new sign that depicts the new corporate image for this gas station. Councilman Schneider asked if all the gas stations had the large orange "76" ball. Mr. Egerer stated that this is the type of sign they have on gas stations located adjacent to freeways. He stated that this location is near the freeway, as well as a residential area. Councilwoman Jorgenson stated that there is a lot of visual clutter with all the signs for this property. Mr. Egerer stated that the reason for the variance is that Uno-Ven is trying to obtain a certain corporate image for all their field outlets in the state, and this is part of a three-year upgrading FRIDLEY CITY COIINCIL MEETING OF MAY 2, 1994 PAGE 3 program. He stated that it is not a hardship but part of the plan for their corporate image. Councilman Schneider stated that the existing signs are in excess of 80 square feet, and this would expand the signs. He felt that if the 12 foot "76" high-rise sign of 113 square feet was reduced, there may be some rationale for granting the variance. Mayor Nee stated that he supports Councilman Schneider's views regarding this variance request. Mr. Egerer stated that if this variance was not approved, they would leave the signs as they now exist. Councilwoman Jorgenson stated that to some extent, the large "76" high-rise sign is a disservice to those persons on the freeway who need emergency repairs. She stated that it seems to signify that this type of service is available, which is not the case, and the gas station is primarily a neighborhood service station. Councilman Billings stated he understands that Uno-Ven intends to build a new facility on this site. He asked Mr. Egerer if he knew the time frame. Mr. Egerer stated that he did not know what the time frame would be for such a facility. Councilman Billings stated that if a new facility were to be built within a year, he could possibly support a temporary sign variance until this facility was constructed. He stated that it is the Council's intent to try to reduce the amount of signs, rather than to increase signs. Councilwoman Jorgenson stated that eventually the City would be looking at redesigning that intersection. She questioned the impact of this variance request. Mr. Flora, Public Works Director, stated that the proposed signs would not be a problem; however, the existing sign would fall within the street easement. MOTION by Councilman Schneider to concur with the unanimous recommendation of the Appeals Commission and deny Variance Request, VAR #94-01. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS• �. APPOINTMENT: CITY EMPLOYEE: Mr. Burns, City Manager, stated that he was pleased to recommend Kevin Thomas for appointment as the Youth Outreach Worker. He FRIDLEY CITY COIINCIL MEETING OF MAY 2. 1994 PAGE 4 stated that Kevin has a Bachelor of Science degree from the University of Minnesota, Duluth and is currently attending Augsburg College for his Masters in social work. Mr. Burns outlined previous positions held by Mr. Thomas, his internship, and volunteer programs. MOTION by Councilman Schneider to concur with the following appointment by the City Manager: Name Position Kevin Outreach Thomas Worker Non- exempt Starting Salarv $24,793.60 per year $2,066.13 per month Starting Date May 9, 1994 Replaces New Position Seconded by Councilwoman Bolkcom. Upon a voice vote, Councilman Schneider, Councilwoman Bolkcom, Councilman Billings and Mayor Nee voted in favor of the motion. Councilwoman Jorgenson voted against the motion. Mayor Nee declared the motion carried. 3. FIRST READING OF AN ORDINANCE REPEALING CHAPTER 107 OF THE FRIDLEY CITY CODE IN ITS ENTIRETY AND ADOPTING A NEW CHAPTER 107 ENTITLED "FIRE DEPARTMENT:" Mr. McKusick, Fire Chief, stated that this ordinance would repeal Chapter 107 of the City Code and adopt a new Chapter 107. He stated that the purpose of this change is to update.the language in the ordinance and the operations of the Fire Department which have changed over the years. He stated that the personnel definition reflects the current personnel policies of the City. Mayor Nee asked Mr. Burns if he was involved in these changes. Mr. Burns, City Manager, stated that Mr. Hunt, Assistant to the City Manager, reviewed the changes to make sure they were consistent with the City Charter. Mr. McKusick stated that the changes were also discussed with the City Attorney. He also understands they are in compliance with current laws. Councilman Billings asked the reason for updating this Chapter. Mr. McKusick stated that it is, basically, an update in the language. Portions of the existing ordinance are better covered in other areas, such as the Fire Department's Policies and Proce- dures Manual. He stated that department membership, training, promotions, and those kinds of things are described in the manual. He stated that the Policies and Procedures Manual was written in response to statutory requirements. FRIDLEY CITY COIINCIL MEETING OF MAY 2. 1994 PAGE S Mr. McKusick stated that the requirements for a firefighter's education, experience, and training are, basically, the objectives set forth by OSHA. Information is contained in the Policies and Procedures Manual, and subject to inspection by OSHA. He stated that all standards for continued employment, including training requirements, are covered by the City's Affirmative Action guidelines and the Fire Department's Policies and Procedures Manual. MOTION by Councilman Schneider to waive the reading and approve the ordinance on first reading. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 4. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF APRIL 20. 1994• A. SPECIAL USE PERMIT RE4UEST. SP #94-02, BY FRIENDLY CHEVROLET. TO ALLOW AGENCIES SELLING OR DISPLAYING NEW AND/OR USED VEHICLES OR BOATS ON PROPERTY GENERALLY LOCATED AT 7011 UNIVERSITY AVENUE N.E.: Ms. Dacy, ComYnunity Development Director, stated that Friendly Chevrolet is proposing two three-day sales of vehicles on the Columbia Arena property. She stated that last year, Friendly Chevrolet submitted a similar request for car sales over the Labor Day weekend. She stated that they would like to conduct a sale this weekend and again in the fall on Labor Day weekend. Ms. Dacy stated that the Planning Commission recommended approval of this special use permit with the eleven stipulations adopted last year. She stated that no persons from the neighborhood attended the Planning Commission meeting. Mr. Moody, the petitioner, was present to answer any questions. Councilman Billings stated that in checking with the Police Department, there were no problems last year with the sale conducted over the Labor Day weekend. He stated that one gentleman at the Planning Commission meeting, who lives in the neighborhood, indicated that he did not even know there was a sale on the Columbia Arena property. Councilman Schneider asked if residents in the neighborhood were notified regarding this request for a special use permit. Ms. Dacy stated that all residents within a 350 foot radius and all those properties on Rice Creek Boulevard that exit onto 69th Avenue were notified. MOTION by Councilman Billings to grant Special Use Permit, SP #94-02, with the following stipulations: (1) the vehicle sales shall occur no more than twice per year for no more than three days FRIDLEY_CITY COIINCIL MEETING OF MAY 2. 1994 PAGE 6 for each occurrence; on May 6 and 7 and the Labor Day weekend; (2) the use of streamers, pennants, and flags is prohibited; (3) the petitioner shall comply with the temporary sign ordinance for all temporary signs on the property; (4) the petitioner shall obtain a temporary building permit and shall comply with Article 32 of the Uniform Fire Code; (5) portable toilets shall be handicapped accessible; (6) the petitioner shall provide a traffic management person to properly control traffic on-site and to prevent problems occurring on 69th Avenue at the University Avenue frontage road, and to direct unnecessary traffic away from the residential neighborhood; (7) the participating dealerships shall apply for and receive the appropriate City licenses; (8) there shall be no test driving of cars in the residential neighborhood located south of 69th Avenue and in Locke Park; (9) barricades shall be placed at the entrance to the neighborhood on 69th Avenue and on 71st Avenue; the barricade at 69th Avenue shall include a sign with the language "residential area - no exit;" (10) the cars for the sale shall be street operable and shall not be excessively leaking fluid; and (11) the special use permit shall be reviewed by the Planning Commission prior to the next sale. Seconded by Councilwoman Jorgenson. Councilman Schneider stated that Friendly Chevrolet had one sale last year with two scheduled for this year. He stated that his concern would be if this amount keeps increasing every year. He stated that the Planning Commission discussed that if other businesses were to request a similar permit, it could become an issue. He stated that, at this time, he has no problems with it. Councilman Billings stated that last year, the Council was willing to support two sales per year and requested a review process after the first year. He stated that if the sale is successful, he assumes the petitioner would be back next spring for another special use permit. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. B. ESTABLISH A PUBLIC HEARING FOR MAY 16, 1994 FOR A VACATION REQUEST, SAV #94-01, BY SCOTT LUND TO VACATE A 15 FOOT DRAINAGE AND_UTILITY EA5EMENT, GENERALLY LOCATED ON HIGHWAY 65 SOUTH OF FIRESIDE DRIVE AND NORTH OF 73-1f2 AVENUE N E• MOTION by Councilman Schneider to set the public hearing on Vacation Request, SAV #94-01, for May 16, 1994. Seconded by Councilwoman Bolkcom. 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 April 20, 1994. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COIINCIL MEETING OF MAY 2. 1994 PAGE 7 5. ESTABLISH A PUBLIC HEARING FOR JUNE 6, 1994, FOR AN ORDINANCE AMENDING CHAPTER 2 AND SECTION 4.04 OF THE FRIDLEY CITY CHARTER• Councilman Schneider stated that he would be absent at the June 6 Council meeting, but he could watch the tape of this meeting. Councilwoman Jorgenson suggested that in the future, when there are Charter issues before the Council, that the Council be polled to make sure they would be in attendance at the meeting. MOTION by Councilman Billings to set the public.hearing on these Charter amendments for June 6, 1994. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 6. ESTABLISH A PUBLIC HEARING FOR MAY 16, 1994, FOR THE CABLE TELEVISION TRANSFER OF OWNERSHIP: MOTION by Councilman Schneider to set the public hearing for the cable television transfer of ownership for May 16, 1994. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Billings stated he understands that Nortel Cable is currently owned by another company, and Paragon Cable is buying the stock of Nortel from this company. He stated that Nortel Cable will continue to exist and will still be operating the franchise in Fridley, but will be using the trade name of Paragon Cable. He stated that there is no new franchise agreement, and this merely means the stockholders of Nortel would be different, but the corporation will still exist. Councilman Schneider asked if it would require a transfer of the franchise if there was a substantial change in the corporation. Mr. Herrick, City Attorney, stated that there is normally a provision in these types of franchise agreements, but the attorney working with the City on this transfer of ownership will be reviewing this question. Mr. Burns, City M�nager, stated that there is a meeting regarding this transfer of ownership tomorrow evening in St. Louis Park, and all councilmembers were invited to attend. Several councilmembers indicated they already have prior commitments and would be unable to attend. 7. APPROVE A JOINT POWERS AGREEMENT BETWEEN THE CITIES OF FRIDLEY AND MOUNDS VIEW FOR THE RECONSTRUCTION OF STINSON BOULEVARD/ PLEASANT VIEW DRIVE: Mr. Flora, Public Works Director, stated that this Joint Powers Agreement is the result of several years of work with the City of FRIDLEY CITY COIINCIL MEETING OF MAY 2. 1994 PAGE 8 Mounds View and its residents to upgrade Stinson Boulevard/Pleasant View Drive. He stated that a petition has been received to con- struct the street 38 feet wide and to assess for concrete curb and gutter at a cost not to exceed $8.00 per front foot. He stated that a public hearing has been held on this improvement. MOTION by Councilman Schneider to authorize the Mayor and City Manager to enter into this Joint Powers Agreement with the City of Mounds View to provide for the reconstruction of Stinson Boulevard/ Pleasant View Drive. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 8. APPROVE CHANGE ORDER NO. 1 FOR THE 1.5 MG STORAGE TANK PROJECT NO. 212• Mr. Flora, Public Works Director, stated that it was originally estimated that there would be a$30,000 hazardous waste disposal cost (not included in the contract) based on the assumption that lead paint from sandblasting this storage tank would require special handling. He stated that in testing the residual sand during the cleaning process, it was determined it could be handled as an industrial waste at a disposal cost of $8,168.91. He stated that there was also a deduction of $16.81 based on the materials used. Mr. Flora requested that Council approve this change order in the amount of $8,152.04. MOTION by Councilman Billings to authorize Change Order No. 1 with Rainbow, Inc. for the 1.5 MG Storage Tank, Project No. 212, in the amount of $8,152.04. Seconded by Councilman Schneider. Upon a voice vote, all �oting aye, Mayor Nee declared the motion carried unanimously. 9. RECEIVE BIDS AND AWARD CONTRACT FOR STREET IMPROVEMENT PROJECT NO. ST. 1994-10 (SEALCOAT): MOTION by Councilwoman Jorgenson to receive the following bids for Street Improvement Project No. ST. 1994-10 (Sealcoat): Bidder Astech Corporation P. O. Box 1025 St. C1oud, MN 56302 Allied Blacktop 10503 89th Avenue Maple Grove, MN 55369 Total Bid $246,165.41 $257,297.71 Alternate Bid $186,358.04 $188,946.43 FRIDLEY CITY COIINCIL MEETING OF MAY 2. 1994 PAGE 9 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Flora, Public Works Director, stated that bids were opened for the City's annual sealcoat project, and two bids were received. He stated that the low bidder was Asphalt Surface Technologies Corporation (Astech) in the amount of $246,165.41. He stated that this bid included modified aggregate based on the State's criteria established last year in the test analysis. He stated that in the bid specifications, the use of standard sealcoat material was also identified. That was a lesser cost of $186,358.04. Mr. Flora stated that in talking with the Minnesota Department of Transportation (MnDOT), they are willing to contribute $5,000 for experimenting with the modified aggregate. Mr. Flora stated that it is recommended the City use the standard aggregate, with the exception of the amount the State will be contributing for the modified aggregate. He stated that this would result in a net cost of $191,358.04 ($186,358.04 plus the $5,000 state contributionj. Mr. Flora said that the Minnesota Department of Transportation is proposing to continue a certain amount of testing with the modified aggregate. Councilman Schneider said that a study was done last year by the state where the formula for the asphalt and the size of the stones was changed. Mr. Flora stated that two different stones were tried last year. Fridley did not use this modified design. He stated that as a result of last year's experiment, MnDOT felt there should be more one quarter inch rock in the aggregate. He stated that in the bid specifications this year, the City specified the modified aggregate but did not expect the price to be that high. Mr. Flora stated that MnDOT will be evaluating both the modified and standard aggregate and will be specifying to the City the rate of application for the stone and the emulsion. He stated that last year the City was not involved in sampling the materials to determine the mix and rate of application. Mr. Flora stated that the City will be using the aggregate that has always been used but will use the modified aggregate in a few blocks. Councilman Schneider stated that the City has had problems in the past with the sealcoating projects. He asked if there was reason to believe it would be improved this year. Mr. Flora said it is felt that some of the problem in the past was due to the fact that too much aggregate was used. He stated it is hoped that by specifying the amount of aggregate and emulsion to be applied the aggregate will adhere to the road surface. FRIDLEY CITY COtTNCIL MEETING OF MAY 2. 1994 PAGE 10 Councilman Schneider stated that unless there are some assurances that this would work, the City should probably proceed with caution. Mr. Flora stated that based on MnDOT's participation in sampling, the City should get a good product this year. Mayor Nee asked if any other cities used the modified aggregate. Mr. Flora stated that none have used this modified aggregate. The City would only do a small portion, or about $10,0U0 worth. The rest of the sealcoat would be what has been used in the past. He stated that the specifications for the amount of aggregate and emulsion and the rolling have been tightened. Mr. Burns, City Manager, asked if the City could obtain results of the tests done in other cities, if this item was tabled. Mr. Flora stated that this could be done. Councilman Billings stated that if there is a research team from the State at the job site, he does not have a problem. He stated that sealcoating, in general, had been good for years, and no one really has a good explanation about what happened several years ago. He stated that he believed the City will have the, best possible mix of aggregate and emulsion, if the persons conducting the test for the State are present. He stated that he is comfor- table with the proposal. Councilman Schneider stated that he would feel more comfortable about proceeding if he saw the test results from other cities. MOTION by Councilman Schneider to table the contraet award for this project to the May 16, 1994 Council meeting. Seconded by Council- man Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. RECEIVE BIDS AND AWARD CONTRACT FOR FIRE APPARATUS CONTRACT: MOTION by Councilman Schneider to receive the following bids for the Class A fire engine: Bidder Total Bid General Safety Equipment Corporation Northgate Shopping Center Rochester, NIN 55901 $279,515.00 Pierce Fire Apparatus P. O. Box 2017 Appleton, WI 54913-2017 $297,648.OQ FRIDLEY CITY COONCIL MEETINa OF MAY 2. 1994 PAGE 11 Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. McKusick, Fire Chief, stated it is recommended that the contract for the Class A fire engine be awarded to the low bidder, General Safety Equipment Corporation, in the amount of $279,515.00, as this company meets all contract specifications. He stated that the proposal from Pierce Fire Apparatus did not meet the specifi- cations. MOTION by Councilman Schneider to award the contract for the Class A fire engine to the low bidder, General Safety Equipment Corporation, in the amount of $279,515.00. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. McKusick stated that it would be about one year before this fire engine is delivered. 11. RESOLUTION NO. 32-1994 ORDERING PRELIMINARY PLANS. SPECIFICA- TIONS AND ESTIMATES OF COSTS THEREOF: CONCRETE STREET REPAIR - NORTH AND SOUTH INNSBRUCK AREA. PROJECT NO. ST. 1994-7: Mr. Flora, Public Works Director, stated that this resolution is for concrete street repair in the north and south Innsbruck area. He stated that there� would be no cost to the home owners. He stated that notice would be given in the Focus News and in the City's newsletter regarding this repair project. He stated that anyone directly affected will also be notified by mail. Councilman Billings asked if the hill on 52nd Avenue would be included in this project. Mr. Flora stated that even though the project is identified as the north and south Innsbruck area, it is also included. MOTION by Councilman Schneider to adopt Resolution No. 32-1994. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12. RESOLUTION NO. 33-1994 ORDERING IMPROVEMENT FINAL PLANS AND SPECIFICATIONS AND ESTIMATES OF COSTS THEREOF: CONCRETE STREET REPAIR - NORTH AND SOUTH INNSBRUCK AREA. PROJECT NO.. ST. 1994-7• MOTION by Councilman Schneider to adopt Resolution No. 33-1994. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COIINCIL MEETING OF MAY 2, 1994 PAGE 12 13. RESOLUTION NO. 34-1994 ORDERING IMPROVEMENT AND APPROVAL OF PLANS AND ORDERING ADVERTISEMENT FOR BIDS: CONCRETE STREET REPAIR - NORTH AND SOUTH INNSBRUCK AREA PROJECT NO. ST. 1994-7• MOTION by Councilman Schneider to adopt Resolution No. 34-1994. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 14. RESOLUTION NO. 35-1994 CHANGING THE NAME OF THE LITTLE LEAGUE FIELDS TO "RAY THOMPSON LITTLE LEAGUE FIELDS:" Mr. Burns, City Manager, stated that the Parks and Recreation Commission has recommended that the Little League fields be re- named after Ray Thompson, who helped maintain the fields for many years on a volunteer basis. MOTION by Councilman Billings to adopt Resolution No. 35-1994. Seconded by Councilman Schneider. Councilman Billings stated that it should be pointed out these fields were unofficially the Ray Thompson fields for quite a while. This resolution confirms what members of the Little League considered an actual fact. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 15. RESOLUTION N0. 36-1994 AUTHORIZING THE ENTERING OF A GRANT CONTRACT WITH THE BOARD OF GOVERNMENT INNOVATION AND COOPERATION FOR PROVIDING A REGIONAL SENIOR CITIZEN PROGRAM: Mr. Burns, City Manager, stated that the City has applied for and received a grant of $75,000 towards a Regional Senior Center, principally for land acquisition. He stated that this resolution authorizes signing the contract to receive the grant; however, it does not require that the project proceed. He stated that if the project does not proceed, the funds will not be obtained. Mr. Burns stated that Fridley will receive the grant on behalf of the other three cities. Councilwoman Jorgenson asked if Fridley or one of the ather three cities decides not to proceed with the Senior Center, it would nullify the grant. Mr. Burns stated that it is not known at this time if the grant would still be received, but he hoped it would be available. MOTION by Councilwoman Jorgenson to adopt Resolution No. 36-1994. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLBY CITY COIINCIL MEETING OF MAY 2, 1994 PAGE 13 16. INFORMAL STATUS REPORTS: Mr. Burns, City Manager, stated that there were no informal status reports. 17. CLAIMS• MOTION by Councilman Schneider to authorize payment of Claim Nos. 55253 through 55467. 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 licenses as submitted and as on file in the License Clerk's Office. Seconded by Council- man Schneider. 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 May 2, 1994 adjourned at 9:08 p.m. Respectfully submitted, Carole Haddad William J. Nee Secretary to the City Council Mayor Eng�^.eer��i9 Sewer Y:a:E r Pa�ks Sheet; h.�;n;erarcc ME MORANDUM 70: William W. Burns, City Manager �� V PW94159 FROM: John C. Flora, Public Works Director ��, �,�Clyde V. Moravetz, CAN Administrator DATE: May 16, 1994 SUBJECT: Public Hearing on the Proposed Transfer of Control of CAN Operations in Fridley On March 31, 1994 the City of Fridley received written information from Nortel Cable Associates, L.P. requesting the approval of a Change of Control of Countryside Investments, Inc. and Nortel Cable Corporation to KBLCOM Incorporated. The City's approval of this request is required under Section 405.12 2.B(1) of the Fridley CAN F�anchise and Section 238.083 of Minnesota Statutes. The procedure for consideration of this request requires that the City either approve the request or conduct a public hearing 'rf we believe there may be an adverse impact on subscribers. On May 2, the City Councii set a public hearing for May 16 to solicit comments from eitizens and other interested parties regarding the proposed transfer of control. The nature of the public hearing is merely to receive comments from the public. Staff recommendation won't be available until the middle of June. The City should be particularly interested in receiving information regarding the legal, technical and financial qualifications of KBLCOM Incorporated. In addition, any other relevant information may be presented during the public hearing for the City's consideration regarding this matter. Appropriate public notification was made in the May 3 and May 10 Focus Publications (see attached Notice of Public hearing). As you know, the Council has authorized us to retain the services of Brian Grogan at the Minneapolis law firm of Moss & Barnett to assist in reviewing the legal, technical and financial qual'rfications of KBLCOM Incorporated. Mr. Grogan is in the process of soliciting information from both Nortel and KBLCOM and preparing his recommendations. We anticipate a written report from Mr. Grogan in early June. Mr. Grogan's report together with other information received at the public hearing and the special scheduled CAN Commission meeting of June 13, should provide basis for approval or denial of the proposed transfer of control. We suggest the Council continue the public hearing of May 16 to June 20. For your information, also attached is a brief overview of transfers of ownership dated April 20, 1994 as prepared by Brian Grogan. CVM:cz Attachments �� o°� ,I NOTICE OF PUBLIC HEARING PROPOSED TRANSFER OF CABLE TELEV1S10N SYSTEM The City of Fridiey, Minnesota, will hold a pubiic hearing on Monday, May 16, 1994, at 7:30 pm, in the iCity Council Chambers of the Municipal Center to consider issues regarding the proposed transfer of the Cable Television Franchise and system firom Nortel Cable Associates, L.P. to KBLCOIVI Incorporated. The Municipal Center is focated at 6431 University Ave NE, Fridley, MN. Any person may speak to the City concerning the proposed transfer at the time of the public hearing. Any person may submit written comments by addressing those comments to the Cable Television Administrator, Clyde Moravetz. Any person who wishes to speak at the public hearing is requested to contact the GATV Administrator prior to the public hearing or to sign up to speak at the public hearing on a list which will be aVailable in the City Council Chambers immediately prior to the hearing. The City Cable Television Administrators telephone number is 572-3554. Dated this 2nd day of May, 1994. CITY OF FRIDLEY, MINNESOTA FOCUS PUBLICATION: May 3, 1994 May 10, 1994 � r'� OVERVIEW OF TRANSFERS OF OWNERSHIP OVERHEAD PRESENTATION April 20, 1994 Prepared by: Brian T. Grogan, Esq. (612) 347-0340 MOSS & BARNETT A Professional Association 4800 Norwest Center 90 South Seventh Street Minneapolis, MN 55402-4119 Copyright 1994, Moss & Barnett, A Professional Association l■ � APPLICABLE LAW A. Federal B. State C. Local THE TRANSFER PROCESS Cab1e Communications Policy Act of 1984, as amended § 617 (47 USC 537) Minnesota Cable Communications Act, chapter 238 238.083 Sale or Transfer of Franchise All applicable regulatory ordinances regarding cable television local franchise documents 1C II. Procedure A. Federal Law 1. 36 month holding period after acquisition or construction of system 2. Franchising authority has 120 days to act on request for approval a. Parties may agree to extend time b. If no action within 120 days, approval deemed to be granted B. State Law 1. Written approval of franchising authority required 2. Parties to sale must make written request to franchising authority 3. Franchising authority must reply in writing within 30. days of request, indicating a. Approval of the request b. Determination at a public hearing is necessary due to adverse effect on subscribers 4. Franchising authority sha(( conduct pub(ic hearing within 30 days of such determination 5. Subject to local law, notice of public hearing must be given 14 days in advance by publishing local newspaper 6. Notice must contain date, time and place of hearing and substance of action to be covered 7. Within 30 days after the public hearing, the franchising authority must approve or deny of the request in writing (approval must not be unreasonably withheld) �21 D C. Locai Franchise Documents Consent to transfer provision Rights regarding transfer Rights may be qualified by terms of franchise Franchise may have procedural requirements, including public � hearing May be time limits imposed 2. Right to purchase upon sale provision 3. Other relevant provisions Trigger for other provisions in franchise -3-1 E IIi. REQUIRED INFORMATION A. Request information from seller 1. Sale documents 2. Franchise compliance audit 6. Request information from buyer 1. Legal qualifications Legal structure of buyer Current cable franchises held by buyer Civil, criminal proceedings Franchise enforcement praceedings 2. Technical qualifications Technical/managerial staff Technical status of buyers -- other systems Plans to improve or alter system Plans to change operations of the system Request for modifications of franchise 3. Financial qualifications Financing documents Debt-to-equity ratio of.the financing Current and historicaf financial statements Securities and Exchange Commission filings Financial performance of system -4� � IV. TERMS AND CONDITIONS OF APPROVAL A. Minimum Conditions 1. Acceptance agreement 2. Performance bond 3. Certificate of insurance for reimbursement of transferred costs 4. Guarantee of parent company B. Possible Additional Conditions 1. Prepayment of franchise obligations 2. Buyout of franchise provisions 3. Other conditions regarding issues uncovered during franchise audit V. DISAPPROVAL A. Basis 408Z140 1. Buyer not qualified 2. Won't undertake franchise ob4igations 3. Buyer agreed to lawfully-imposed conditions 4. Presents risks to the community for noncompliance 5. Legal, technical and financial qualifications "� G r �, � � DATE: TO: FROM: SUBJECT: Community Development Department PLa�NG D�SION City of Fridley May 12, 1994 William Burns, City Manager �i�Q Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Public Hearing for a Vacation Request, SAV #94-01, by Scott Lund - The Planning Commission conducted an informal hearing regarding vacation request, SAV #94-01, by Scott Lund, at its April 20, 1994 meeting. The request is to vacate a 15 foot drainage and utility easement located in the middle of Scott Lund'S development parcel and extending west through Alvan Schrader's vacant parcel. The properties are located north of 73 1/2 Avenue between the East Highway 65 Service Road and Skip's Central Auto Parts. Alvan Schrader, has also agreed to participate in the vacation request to vacate the portion of the easement located on his vacant parcel. The Planning Commission unanimously recommended approval of the request to the City Council with one stipulation: 1. The rezoning request, ZOA #94-01, and plat request, P.S. #94-01, shall be approved. The City Code requires the Council to conduct a public hearing for all vacation requests. Staff recommends the City Council conduct the public hearing. MM/dn M-94-253 � � S TAFF REP O RT Community Development Department ' 1 Appeals �Commission Date U Planning Commission Date : April 20, 1994 City Council Date : May 2, 1994 —_ Mav 16� 1994 REQUEST Permit Number Applicant Proposed Request I 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 I Conformance to the I Comprehensive Plan Compatibility with Adjacent ' Zoning and Uses Environmental Considerations RECOMMENDATION Staff Appeals Commission Planning Commission Author �/dn SAV ��94-01 ScoCt Lund To vacate a 15 foot drainage and utility easement located adjacent to and north of the southerly lot line of Lot 3, Block l, Central View Manor 2nd Addition 73 lf2 Avenue/Highway 65 C-3, General Shopping Center District Vacant C-3, General Shopping Center to the West; R-4, Mobile Home Park to the North; M-1, Light Industrial to the East & South. Vacant to the West; Industrial to the East and South; Residential to the North. Rice Creek Approval � , �I I p CQI Z . � � � Z c c Q � J �.. O.. - Q - —, eO° Z =i o : O ' ^ - i� Crio.dE LJ � Ta6e�i7bn � Q = •, � . Z I� w Y � z j� O �� o ' g � =rl.h __.. . � w H � O Q Q �- � � 1 ( .�s() — �— � � r , N' 6pp •� b1 n � ae '� SAV 0�94-01 Scott Lund r�S %/1 �i/�n� G Otrimefte �f/OGood I � � � �e fer A. �roo� �) - � � � � 3-Y4.sG. 262�G I I I � iL� �� 3f.+ st _ . p . � �� ENTRA V/EW�---,2 z` "°��.�A�1 NOR _ , � 3 �) � �) � � / �4t � �. � � ( 2nd � ADD/T/ON ; a - - ili°.oj S. •�s•.f.�M.'"" � .GO. . ' � ' .. /' "' /3fL9 •- � .. O L _ ',�/ 2� �3) � 5 �i1� �ii. �;� �4) ��) l�) �11) [a� �9� �7p (Y►� o � � � 6 7 9 y io� // /2 /3 ;� i.s .�6 �7 s / L' _ � � ; �0 60 4� e 73 I/2 AVE. (�. 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F!, � -i,. 1 �'' , �. t 'raC,,,?;� i ��/ 11' % � cD 0 Z � �, �t, . , �j l, / � i' . ��... ` a S _ �'�JJ' , �� [ � Li / 1 , ,, �.�ff� z�� '/// 1 1� � / _ / - �,� f �f / // SAV ��94-01 Scott Lund ._ :.� ,. . , - _ _ _ r __ _ _ r =' ` � --- . =-:' : ,. � � ., � �± - 1�; '"j '; �M�1'-'`� C` ;r---- � � �-� '_� � . I '.�`-l-T� :� '.� - r ,,�_� , - � _ �-.� �. �_ �:� . � —� ' a ._ : . � i _ '`n '6TH AVE'VUE _ � Q �J�4 .� � - �� . .. ,i �- �, , ' , _�_J l f .- . rj�Ft ��,'E^J'J� ' '�� M - �1h�0 _ ' t ' Ac'RES 6 ' ; ::t ......'� �3 �:';r �• � � � ,i `' �� c: � . �oeogi: � .4_ ;s i�✓ .. Q�' ° FLAI 3 � " 1`. L C r� �� ,S --- _~ � ¢ 6 A ` it � � -- ,i �F. . , ��'ll� PQp, z 9 �o . 5 � ' ��3A�4 � , 3 � F- � I i P tA « 2 � � , �� -- i5 jN�;% � �� t � 4 i ., N • • �' • • • • v 4 p 4 � �r • • ;. � - - } • •; • • e r s Q �1�i ,7� � _ • • tr e r e b • r r Y •I • e e � n : c i �. �' �, � `+. �.. _.. . ////////�% ��i� r � / �f ' � . � ' •' ` . . • • . � • �q. � ...T . . .- .-. : �.� O. . . RQ •. . .�. . .� . D. . ., . . e . . . . . � �; . . . . .� . .� . •.. ., . - - • RTON� - - • • o • • ,v¢rr� • �• •.�•o ••��'�`�'��tl• •. ;RANSF •':�'�f'� DISTRICT LEGEND R-1 ONE FAMILY OWC�S n M-t LIGNT INOUSTpi4l ❑ q-2 iW0 FpMILY OWG'S lnJ M-2 HEAVY INOUSTRIAI � R-J GEN. MUITIPLE OWG'S (u^ PUO V�pNNE� UNIT OEV. � N-� MOBIIE MOME VARN L1 5-1 NYOE CARK NE�GNBONHOO� � P VUBL�C FA�ILITIES ;�_�. 5-2 f1EDE�ELOPMENT OISTR�CT L� C-1 LOC4l UUSiME55 '.-3 D-1 CPEErc b RIVER PRESERVRTIpN '.? C-3 GENf.RAL flU51NES$ — 0-2 CRIii�AL >RE4 .-� C-J GENEnnL SNOOVIU(: _. �.w „FVfaai O�r�ft .._ �aCa*�n �:i [[�. . C ZO■_IN� I��■ Staff Report SAV #94-01, by Scott Lund Page 2 Request The petitioner requests that the 15 foot drainage and utility easement located adjacent to and north of the southerly lot line of Lot 3, Block l, Central View Manor 2nd Addition be vacated. The Planning Commission should note that the informal hearing notice requested that the easterly 179.57 feet of the drainage easement be vacated. Staff spoke with the adjacent property owner, Alvan Schrader, to determine if he would be interested in vacating the remaining portion of the easement. As the easement is Iocated in the middle of the large development parcel, Mr. Schrader agreed to participate in the vacation request. Site The subject parcel is vacant and is located between parcels which are zoned R-4, Mobile Home Park, M-1, Light Industrial, and C-3, General Shopping Center. The easement is located on a parcel which is located west of Skip's Central Auto Parts. Analysis The 15 foot drainage and utility easement is located entirely on Lot 3, Block l, Central Vieti� Manor 2nd Addition. As proposed, the petitioner's 13,000 square foot building is located ten feet into the easement. The City does not have any utilities located within the easement, and additional easements have been dedicated as part of the plat of Central View Manor 3rd Addition. As a result of construction, drainage for the subject parcel will be redirected such that it flows south towards 73 1/2 Avenue within the new drainage easements adjacent to the east and west lot lines. Mr. Schrader, owner of the adjacent parcel, is interested in developing the remaining parcel with a large single use. It is likely that a single use building would encroach into the drainage and utility easement. The stormwater would be controlled on site by a grading and drainage plan required to be submitted by the developer. There are no utilities located within this portion of the easement. Recommendation As there are no utilities located within the easement area and storm water drainage is directed via grading and drainage plans, staff recommends that the Planning Commission recommend approval of the vacation request, to vacate the drainage and utility easement to the City Council with one stipulation: 2D Staff Report SAV #94-01, by Scott Lund Page 3 1. The rezoning request, ZOA #94-01, and plat request, P.S. #94-01, shall be approved. Planning Commission Action The Planning Commission voted unanimously to concur with the staff recommendation. City Council Recommendation Staff recommends that the City Council concur with the Planning Commission action. 2E SAV �i 94-01 Scott Lund — _ -- .. � ,. _ �" f `� rOOT UTlLlTY EASEMENT- , N �E B92 I � '' � . � ■ � -- — — — � S 89°54'57" E ' '" 180.57 ' ago� •-- r= — �—�— —Y`--�_., —_._�_---- . -- 1�� PLAT BOUNDARY �-- LINK FENC � • ,j . � eee /� o� � � • }—� � — — � � pWEP 4 �� zi — L� — —� -- —�-- — --� �l�P __ �i / ��/" � , . . . .. EES AN� B�USH • � / � �w; .�- :... .. . . - • T� se i:.. . ... w Q,, >- e - � z, Q � � / I � : w �i. z, � / � -�' - � � � ._ ,g � � � � _ : � �•, � " �. - m � -- — -� J� �� ToQ � � �- � � o � Q I = '� � -� nJ. �, o � � � _ _ `° � � W � — o . ` � _ � `�e � o � c� P / � 5ook �d� �� 15 FOOT EASEI��1T � � � � ( � �� - 1 5 ��' � I � � 0b : � �� ' / � � N 8 9 � 5 3 ' 0 2 " W � — � �c;�i . — — --- i..�- � � �.ee-- � � Q� r N 89 � 44 ' 05 "�-i� � �`' 0.75 � � � ; • SE 886 ! i � . r_ -- _— ---- . � � � �. � � I N 89°53'02"W .,� ' ^ I � J\� 5 / ; o:�� . .{• .. : . , � i :'tJI . . : 1c Z.r' �t i / / �c I '� I � / °' ` � i O I � / O J �0 � J L � 1 Z y.! /7 '� a L V j � � I / 1 � V �I N � . / I . � ' i c c ► C ;71 �, �' i� .i ' 1 �- � � ..... . . �, C� �O t �; � ... . . •'�: g0i � I ,_. . . R N � t � � / �� u' �j �p ` ; �t � � �- � � � � � T' T ' •,t / � � / �( � -' C 1 � � � � � J ' \� �.�?'a 3 s�: 2- Z c � `� Q, � ��`� � ^ , i Q --- � � � \e� \� 1 U Q �� o � � I � ; � � Q � cc� � ( i �'�d" �- — � SITE PLAN � P . S . �� 94-01 Scott Lund --, �e,.,�� --- " r� - - -- - - c:_ -- --- - - — - � �� eee _ 'j i � _ - � , ' � �' _ sui � , - -� ,,� ._—__—___ _ - _ _ ___:..:: ___ -_____:.:.-_ __ . . . _ __—_— ' ' I / Hfl _ � I -------�/ ,�' �/ � 6 I � - � - - ^ FUTURE PRRKING i� � � ` _� I---- . i F w�_,_ eo5 � ! I ---'- J I �� . ' �� I l r 1= � � � � I - � � I 1 i � -------- ---._._,,. � 8 �I �i' i'fla� I - . - � I i i N� = I TnuCX MNEUVEHPIG MEH— I 1 W I f � ��-\---- � � � a I \J /� � � � I d � � / 2 � � � 1 I I ��/ � a .S FC� 1 ,� Q� � � \ � i 1 I I � _ _�_ r- _____- - � - - - - - � � � _��- -�-- ` , �� , , _ 1 \ �� / \ti / � 1�1 � � � � -\ \`\ \ �\ . � 1 / // '1 � j I � I�\�\ �`� i '- � � I N � I i � 1 � 883 � � 750Y N � tj ! / J/ , \I I I � � '� i i � ��,�� IY�� . • � � � � / � � •,, � i i �� _ �--- i �i � i � --- =�i i t � � - -----� ' i i '�.s t ------ "'� �' � �I � ( �oo, . � i I 882 9 �� ' � II•, � �t �-______ � � r '�� ' I � zsov w s. ` p�OPOSEO BUILOING �� = i i �� ,;, i3,Obo s.�. , s � � i � - F.F.E. 883.4 ' � � ' � ' �� ,oio- � . . 25•0' ,sao^\ � u•a � _ �� !.: � d � _ > >� x �� r . . . , i I I _ _ _ - " ,`noov s'�oPEi � � . i, I = ' , 3. _ � - ' � . �88F � i '. i � ,Ca�+c. � elK. W /, CANG YfLK SLOPE 1E55 THHI 420 � 1 � � � � � � - �� — � , I I �1- _.- �, , . ; -; - - '" I . � 15'4' � I � �(�i� i ,� , i _ : ,. {,�, _;_ _ - ;;:, � � N ,; J ' I �^ � I � I9 0^ � B 0" 8 0" I H[CE55. CIIIB-CUT � ' � I i . / � IYP. / EUPE %ESS TWiN 15.6 �� I ' � i ! � � � I OflNE fl151E � P�FAKW� RT.Efl � I ��.�� . 1 � � � I . � . � � � I .. I I� � I!I � I/ i � I '// � 1 ,� ( � � ` ' � 1 ' . �� __ ._. ._'.._. '. . � 1 ' . � , i , ��- T ' ,I 1 � I / �� / � I� � � ' _l i � L ' _ �/ _ � I , W � — eao \ � I � r � r 879 �� ' � � N. � � H78 �i� I � I � � I / / i � i . I' � /, � � I ' � �'_ � � / � i ----,---� -- - - ----7——-- _ _ _ .J �/ ' ' , 88�-T � � _ _ _ _ _ � - � _ 10'0' OflRWflGE HN� U141iT EHSE�ffNT � _ r 880�!_ ) - - - � t79.d2' . � i StTE PLAN I .� � .�, . ..-.:,..,... � S—._ _ _ . _. _ _ � i .. � _....._ �TT��F.V.tR.-__.' _ _ I�� ;�-- � -- U� — Q - I � N S P 3... �c PRtMARY CABLE —�` �s-1 -�`• I � �� I - _-___.__— � _ /' ��,! A� —� / I� ' ' D =_� ' / , � Z ��= g JHV �f y4—U 1 Scott Lund UNDERGROUNu ELc�T<tl� -f� � �—~— � �� / �w / SERVICE ORIVI / �� B:TUMINOUS STR'FT /-----Y o -- �� --_� N 0. 40'�17" W I — � "m9 � - ��'A9 p�� ;� r � - L__ --_-� _ ,� � � I �f � — — — �- -1-6 � s�_ss !_ ' � r----------- a� r i � I r — � � � /� Z Im �� , a • m + � C a-s�a coNC. ctx+e ,", ca � n ; ��_ � � � � � . �o ; � "' i o 2 Z � � c� z i. � � � ° 2,'� ' Z,� y . .. o � � 2 � �, o � ` �� 5` � � � 2 = °� r� � d� BITUMINOUS LU 50 N� o ��0 ,� o —�P-- — — — — F- -- � N 0 40'S1" W �^ ° m I � � m rx �v { e � : � m � � \ o Z . Z w •~- - / N � � � / N _'"_..:.. ' _" G �—I �\ — � i 0 o Z �' . \ m � a � B (T I y �( � � % � i '\ / �m.� y O O /�O ^ ... „ I I � �'�' � °� � ` � � " � I A �i� 9 � o � m� cn , ,�o O 9 � . , � i � '.�'j N / UI ' SEv1 .°. S=RVICE (v ! N �In �II W _ __ ___ _____ . _ � ;' � - �- �l 4�'� +-' \ � � I \ � �r ! � I � a ----- � D . CTJ r - ------ f" � i \ i I ; �: � N . -._ ? � � p , p� , . o � � - m!' \ ------�------ -------- -- � >i� � � ; � \ � ; � � � ` � - � �--- - ---- z ----- _ � I � 1 � c � ' ' _ � cn. n � y � � y � - ' � c�� :.:: � ;o � r - - -- -- �----------� � � f _ - � ^� -- --- D I .__ I ' -------� � — m / EWE ERYICE-- �------' — I'IZi ; /:� � . I�j� ` -- D -- ---- D—, '_i � � f � ... � �. � �a ., ro, — _ , 11. _ � i 1 ,� ` �� - --- �� — _..._ -- -- --- ---- o; �-- �— - - — :a �or �. . -- � - r. c � roy�o T � � v ro � •,,tyc �° R F`S Aly� BRUSN \ .. J � O� � 1 � �� , \ . t '�r "� �O l �O I O 4� �'�:i .� � � � � p�� o `�ro , � � , a; 1 �- - ;.P.I\ ,, �I� `�,- _ � •_r- : :,: �O:S. . . _ . _ . . . . _ .__ . . . . .. i � � � � � w � a C � m w N � � � � 139.83 �� ,� . � y N L �i `�y / p � /i O / i0�� c2F � `�� A �`Z °-� � ` -�+ � N � a m � a 1�92`0�, � � � I a / �°� � \ D`� � � � II ��`�� \ o �o I � f � 9"°�\ �D I I 1 ; I �m�� D � � 1\ 1 r— m�\ \\� � �J ��\ \ � \ � ��-�� ._ � m � \� � � �� I� � a il ,I\ \ � �� `` �.I � '� N �� 1 N c ` �� 1i ` ' � ---�_J I � /1 � ' � 1 1 � m � I� z � � m ca � I c�n � ' �� _ � O � p � � � ' I � I � I ��a/II �, ° II �i.�m.�.�a �� a t `\� �� 6 � � � l � �� / � � r ell� �%/ 1 � O^ � i I �J 2H SITE PLAN Ms. McPherson stated that on May 4, 1994, the Plann�ng Commission will be considering an ordinance change to allow,,the outdoor sale of food within commercial districts. This may,.be an opportune time to consider amending other portions of the-Zoning Code to address these concerns. ,' Mr. Newman stated he did no�ant his comments to negatively reflect on this particula �pecial use permit request to the City Council. UPON A VOICE VOT LI, VOTING AYE, CHAIRPER30N NEAMAN DECLARED THE MOTION CARRI ANIMOII3LY. Ms. Ma�he- rson stated this special use permit request will go to C�� Council on May 2, 1994. 2. VACATION REOUEST: SAV #94-01, BY SCOTT LUND: To vacate the Easterly 179.57 feet of a 15 foot drainage and utility easement lying adjacent to and north of the south lot line of Lot 3, Block 1, Central View Manor 2nd Addition, generally located on Highway 65 south of Fireside Drive and north of 73 1/2 Avenue N.E. Ms. McPherson stated the original informal hearing notice indicated that only the easterly 179.57 feet of the drainage easement was to be vacated. However, in a conversation with the adjacent property owner to the west, Alvin Schrader, Mr. Schrader agreed that he would also be interested in vacating the easement on his property so this is actually going to be a joint vacation request between Mr. Lund and Mr. Schrader. Ms. McPherson stated the Planning Commission recently reviewed a plat request and a rezoning request for this particular area to allow the petitioner to construct a 13,000 square foot industrial building on the property. However, the building encroaches into a drainage and utility easement. There are no utilities currently located within this easement area, and additional drainage and utility easements have been dedicated along the west, north, and easterly lot lines of this particular parcel which would adequately handle the storm water. The petitioner would not need the easement for the location of utilities to service the building, and the City does not have a need for this particular easement. Ms. McPherson stated the property owner to the west, Mr. Schrader, is interested in developing the remaining lots with a large single use. It would be likely that any structure would also encroach into the drainage and utility easement; therefore, it is recommended that the easement be vacated. Also, the City does not have any utilities in the westerly portion of the easement, and storm water would be controlled on site by a grading and drainage plan which would be required of that developer. 2' PLANNING COMMISSION MEETING, APRIL 20, 1994 PAGE 7 Ms. McPherson stated staff recommended that the Planning Commission recommend approval of this vacation request with one stipulation: The rezoning request, ZOA #94-01, and plat request, P.S. #94-01, shall be approved. MOTION by Mr. Oquist, seconded by Mr. Saba, to recommend to City Council approval of vacation request, SAV #94-01, by Scott Lund, to vacate the Easterly 179.57 feet of a 15 foot drainage and utility easement lying adjacent to and north of the south lot line of Lot 3, Block l, Central View Manor 2nd Addition, generally located on Highway 65 south of Fireside Drive and north of 73 1/2 Avenue N.E. with the following stipulation: 1. The rezoning request, ZOA #94-01, and plat request, P.S. #94-01, shall be approved. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED IINANIMOIISLY. Ms. McPherson stated that at its May 2, 1994, meeting, the Council will establish a public hearing for this request on May 16, 1994. 3. RECEIVE MARCH 10. 1994, HUMAN RESOURCES COMMISSION MI�TES: MOTION by Mr. Oquist, seconded by Mr. Kondrick, to�receive the March 10, 1994, Human Resources Commission minutes: UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON�NEWMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. � . � 4. RECEIVE MARCH 14 1994 PARKS & REG�REATION COMMISSION MINUTES• % MOTION by Mr. Kondrick, seconded by Mr. Saba, to receive the March 14, 1994, Parks & Recreation Commission minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED TiiE MOTION CARRIED IINANIMOIISLY� Mr. Kondrick stated that, as the Commission members were probably aware, the Commission`�recently lost one of its valued members, John Gargaro. Mr. Gargaro will be mourned and missed, not only by the City, but also by%the members of the Parks & Recreation Commission. 5. RECEIVE /MARCH 15, COMMISSION MINUTES: MOTIOI� by Mr. Saba, seconded by Mr. Oquist, to receive the March 15, 1994, Environmental Quality & Energy Commission minutes. % UP:ON A VOICE VOTE, ALL VOTING AYE, CftAIRPERSON NEWMAN DECLARED THE MOTION CARRIED UNANIMOI7SLY. 2J En,�^eenng Sewer VYafer Parks $��eet5 Main;enance ME MORANDUM TO: William W. Burns, City Manager �,� PW94152 G FROM: John G. Flora� Public Works Director DATE: May 16, 1994 SUBJECT: 1994 Sealcoat At the Council meeting of May 2, 1994, Councilman Schneider requested information regarding the 1993 sealcoat test conducted by MnDOT and further explanation as to our proposed sealcoating program for 1994. Attached is the information received from the MnDOT Research Office outlining the eight agencies which participated in the 1993 sealcoat test. Also attached is information regarding the continuing program for 1994. The City of Fridley has volunteered to utilize the Australian specifications for aggregate. It is believed that this speci�cation provides a better sealcoat product and is substantially different from that used in the State of Minnesota. This particular specification has not been applied in the Twin City Metro area before. It has been highty successful in Australia where it is subject to extreme temperature variations and has been used for many years. We propose to matcfi $5,000 from MnDOT to do a small section within the 1994 program using this modified aggregate specification. The remainder of the streets will utilize the standard MnDOT specification with granite rock using the McCleod design procedure of testing the aggregate for specific gravity, void space and shape and combining this with the aspha(t application rate in order to provide for a single layer of stone on the roadway. The attached list describes the typs of rock which was used and the application rates for the streets sealcoated in 1993. The application rates were determined by the MnDOT Research Office based on rock and oil samples analyzed and tested by them for this project. It is my recommendation that the City Council approve the ST 199410 seaicoat pr.ogram and award the contract to Asphalt Surface Technologies Corporation for $191,358.04. JGF:cz Attachment 3 � F a� TEL= �i � P•9,1.!a ria �a� 1!7 � y�� f`do . 004 P. �i� STAt� (�F M1NNE80TA Offi�� IVt�marandum Offiice af Matertais i7esea[ch and EngiheeKag, 14�4 Garvais Avenue, Map4ewoad� MN 55109 UATE: "f O: E=ROM: J�HaNE: Jufy 1, 4993 Jahn Flora City af Fridley Pubtic Wo�lcs Directo� Davld W. Janisch �� Researah PraJect EngineZr (612) 779-5530 :�UBJECT: Seal Goat Deslgtt Procedure �ea! caating bituminous pavements ls ane af the mosi comman types of rautine cnainte��nces done by laca4 govemment�l agencies in Minnssoia. Mast oiti�s, caunties �nd rural Minnesot� Dep�irtment of Transportation (MnlOOT) districts construct �t least some seal c:oats annually. Ov�r trie years, MniaOT h�s received cafis fram focai agencies concemed about paar �erforming s�al coats. This, along wlth recsnt developm�nts from the Strategic Highway f�esearch I�rogram {SHRP), led to the development �f a seai coat res�arch study. The goal nf this study is ta find the factors involved i� constructing a quality seal co�t, to exarttine the r,umenf Mri/DOT sea! c�at specifications and to study the perfarmance of seal coats designed using th� Asphalf institute MS-98 "A Sasic Asphalt EmuEsion Manual" design pracedure� which �vas used by SHRP. in all, elght loca) $gencies p�fticipated Irt thls study, f,ve munieipalifies and three caunties. "f�st �ect+ons wer�e constructed cfuring the summer and fali of 1993. �xperirr��nt va�iabfes incfude differ�nt �pplication rate�s, different sweeping times, different types of �ggregate and differer�t types of binders. These sectioris wi{1 be mo�+tored over severa! years to evatuate their performance. `fH� McLEt7D DESIC�N PRaCEDURE The Mcteod prvicedure determines both tha aggregate and binder applicatians rates. The �iggregate appfic�fian rate depends on gradation, shape (me�sured by ihe flakin�ss index), F�nd speciftc gravlty. The binder appfication rate depands on the aggregate gradation, shape, traffic, sxigti�g p�vement c�ndition and binde� properties. The procedure is based on the following: 1. There is a certain amou�t ot a glven aggreg�ta which can be spreat! one-stona thick over one yard. 2. The vaids (air space) in this gggregate (aye� need to be 70 pe�cent filled with asphait bindet for �bt�d p��farmance. 3A TEL= P•1,y �a p� g4 1 J� 3_; hdo . C�Oa P. G3 By usin� the design procedure, larga reductions ln required cover aggregate were F�chieved. In one case, the agency reduced their aggreg�te application rate by 50 percent. tn :jnother, the cost savin�s from a 30 percent reduction 1n cover aggregate resulted in the cost of constructing of a norrnally more expensive chak� seal {standard chip seal with a sand cover) at the same cost as constructing thei� st�ndard seal. CdNCLUSiQNS and RrCOMMENDATiONS • Aggregafa applicatian rates were recluced by as much as 50 peraent when using the McLeod design pr��ceclure found in the Asphalt institute's MS-99. • Sweeping time was reduced by a factor of three whan using the design pracedu�e. This is due to !he seal coat being only ane stone thick. As a result, there is very iittle loose, non-emb�dded aggr�g�te ta s�Neep up. • Seal coafs designed using the McLeod procedure perform as wetl as ot better than undesigned seal coats while using up ta 5Q percent less cover aggregate. • Test sectlons should be canstructed using a one�sized aggregate (Australlan Specificaiions) to determine if one-sized aggt�egates oui perform graded aggregates irt MinneSOta. • Aggre�a�te Samples submitted for deslgr� should be taken from several areas af the stockpile after it is on the job site as opposed ta submitted from the saurce pit due to considerable variability in the m�ter(al. • C�libration of the �quipment, particularfy the chip spreader, is crucial, e�sy ta do and shouid be required as part of the speclftcation. Calibration af the chip spreader should be dane whenever the design applicatian rate changes. � Sweeping should accuc as soon as possible after construcfion� normally one to twa days. Leavin� loose stories on the roadw�y can be dangerous and is befiaved to be detrimentat to seal Co�t l�fe. • MnJd�"f should continue to monitor the performance af these sections and modify the exist3ng bituminaus seal coat specification (2356} accardingly. Mn!DOT will assist �he City of Fridley by providing $S,OOQ it� funding from the LaCat Road i�esearch Board for the construct(on af thQ more experlslve Australian grad�#ian. We fee( it is lmpartant to car�stn,ct test sectians w;ih this one-sized gradation to determine how it perfotms campared to conventional gradaiions. In order to justify the increased cos1, 1he perforntance a�f this gradation much exceed fhat of fhe conventional gradations by the . We appreciate the C;Ity's willingness to participate In this study. We belleve many othet :�genclas will beneft from this research. �. I>�encles• t3lvamtngton E3raoklyn Cent�r TEL= h�1,�.�_I 04 `_+�J 1i�� : y�3 hdG . 00'7 P. 04 Seal Coat !'articipants for 1993 Oesigned and non-designed FA-2 Pea Rock, designed FA-2 Graniie with CRS-2. Non-destgned FA-2 Mod. Tte�p Rock {9/8") and non-designed FA-3 Tra�p Rock with CRS-2. Tha FA-3 was swept tha day after constructian. Ctearwater Gourity �esigned FA-2 Pea Rock with RC-8U0. t_den Pr�irie != ridley fVlinnetarika t3lmstead Caunty SGatt County besigned and non-designed FA-3 Cranite, designed Choke Seal with CRS-2, Sweeping was done the day after canstruction on many s�ctions. Semi-designed and non-designed FA-3 Granite and 7'rap Rock with CRS-2. de�signed and non-designed FA-3 Granite. T�ied sweepin� da�y after cc�nstru�tlan on the designed section. Nan�designed FA-2 Limestone Chip and Pea Rock with CRS-2 and CRS-2F. Nan-designed �A-2 Mod. Pea Rack with GRS-2 and HFMS-2, FA-2 Red Rock with HFM3-2. 3C TEL= �,""r'°z � r�� .� �_a o a _{ a 1 �,� : � a r•r � �. o o a�. r,� c STATE OF MiNNE80TA Office Memarandur� pfFce of Materlals Rasearch and Eagineerinp, 1400 G�nrats Avenue, Meplewaad, MN G6109 nA�'E: 7d: hRa�: I�HONE: May �4, 1994 Ka�ren Biiliar �fflce af Research Administ�ation David W. Janisch Rese�tch Ptoject Enginaer (812j 779-553Q �Ug.1ECT: Aqreemetrt far Seai Go�t Study As you know, iast year Mn1t�aT was ittvoived with several cities and counties in !he constructfon af se�l coat test sectians as part of LRRB project 693. One of tha ea�1y resufts of this study is the, fact that there is considerabte variatiori in the aggregate material size snd �hape in our cuRe�t specificatton. As a result, we want to build test sectlons using a or�e- sized Austral�an gradation whiGh is considered to be !he best in use today. The �ity of F�idley has offered to construct se�►) ooats using this gradation. They rec�tttly r�ccepted t�ids for tt�eir 9994 se�l coat work. inclt�tied in this bid was an �itemate for doing ail of the work vsrith this Austcalian gradation. 7'he aftemate bid was $68,OQ0 higher th�n the norm2�i Mn/C74T gradatio�t. As a result, tfie City c:�n't do afl of this years seal coating with the ona-sized gradatian. Hawever, they would Ilke to constrtict approximately $'IQ00�1 warth using this hlghsr quality aggregate gradatiarl. They have informa!(y requested thet the $5,000 available from the LRRB be available for them to canstruct these sectlons. I feel that thls would be an exeellent use of the LRRB money for 1994. As you rec�ll, last year 0lmstead County recetved �3,015.50 for usinq a latex modified �mulsion. �Ne need same kintf of dacument or agreement specifying that we will pay the Clty of Fridley up ta $5,Oq0 far the added cost of Constructing sea! coats with aggregate which meets, this ,qustralian gradation. We feel this is � very critical part of our study and the LRRB mc��tey w+11 !�e well invested ii used ir1 this manner. I'lease fet me knaw wh�t ( naed ta do to �ssist you on this matter. Thanks for your help! �;c: Jahn Ftora, City of Fridley Roger Olson, Mn/D07 '.rl �J �}-� W W � F- � f- Q O U J W M Q1 � �-- � J � � 11. LL � F�- U W Q � Z �a �u �a R �u c� �a m �a �s 0 rn rn rn rn rn rn rn rn rn rn J (`M7 N M N N C`�� N N N N � � W I W Q W� n .n � n � � � .n .n .n a� N N N N N N N N N N � � Q W am d d a> d m N Wa c�C .L � .� .0 � ._ .G :_ .0 . � � � � R nt, � � t4 � c` c� � (s t� c� c� i3 c� c� � Q Q U p V � � N �.. y �� y U � d in °1 '� � � � aYi ':c�.. U � � a � � a� �, Q s � � �m ° �, � U '�n � � V ,� N N . '� � � m Z a � � •y ~ O V V N' O � O � a � L = � � >O � ; � � p O t O O p > �"' Q �O = > r s � � > C � w d a = L C d Q _] _ � J v -� � ci � o Z` � c`n � U �. cv a� t a� c � Y .`y 'p " Y a� � � � m � _ m v li.l a c � � > W > � � ` � . OC d p` �� > � C] � � d � � J � u � � � > o` a. o � �, v � in � .� � � 3 'U � � �' � �, � � U c�o m U � CS S Y Y n. ('L 3E MEMO TO: FROM: DATE: SUBJECT: INTEROFFICE MEMORANDUM WILLIAM W. BURNS, CITY MANAGER � CHUCK MCKUSICK, CHIEF � � M AY 13, 1994 CITY ORDINANCE CHAPTER 107 Fire Department staff recommends approval of second reading of revision of Chapter 107 "F(RE DEPARTMENT", in order to update the organization description of the department. Spec'rfic revisions per section are: 107.01 107.02 107.03 107.04 CREATION: The specific services now offered by the Departament are ident'rfied. PERSONNEL: The current employment class'rfication of department membership is used. . ADMINISTRATION: The current position responsibilities for Fire Chief are listed. DEPARTMENT OFFICERS: The authority of the Deputy Fire Chief is defined and the role of Fire Marshall is specified. Sections in the current ordinance deleted from the revision are: 107.04 TRAINING: Requirement to appoint an Assistant Chief as training officer. 107.08 FORFEITURE OF MEMBERSHIP: All standards for continued employment, including training requirements, are covered by the City's Affirmative Action Guidelines and the fire department's "Policies and Procedures Manual". 10fi.09 107.09 RELIEF ASSOCIATION: Membership in the pension program is controlled by Minnesota Statutes and the Relief Association's by-laws. PUBLIC OFFICE: Holding pubfic office is a subject better dealt with in another Chapter. 107.11 PROHlB1TfON: The intentional giving of a false alarm, interfering with the fire department, or refusing a reasonable order of the Fire Chief, are covered by Minnesota Statutes. � ORDINANCE AN ORDINANCE REPEALING CHAPTER 107 OF THE FRIDLEY CITY CODE IN ITS ENTIRETY AND ADOPTING A NEW CHAPTER 107 ENTITLED ��FIRE DEPARTMENT�� THE CITY COUNCIL OF THE CITY OF FRIDLEY DOES ORDAIN AS FOLLOWS: Chapter 107 of the Fridley City Code is repealed in its entirety and replaced by a new Chapter 107. FIRE DEPARTMENT which reads as follows: 107.01. CREATION The City hereby establishes a fire department for the purpose of providing to the community fire suppression, rescue, emergency medical, and hazardous materials response emergency services. In addition, the fire department shall provide arson investigation, public education, inspection, and administrative support services. 107.02 PERSONNEL The fire department's personnel shall consist of full time and part time permanent ("Paid on Call") employees, whose duties, training and competencies shall be established by the Fire Chief in accordance with applicable laws, regulations, and City requirements. The fire department is authorized to maintain a staffing level of not more than 40 personnel, and is required to maintain a staffing level of not less than 25 personnel. 107.03 ADMINISTRATION The fire department shall be organized and directed by a Fire Chief appointed by the City Manager and confirmed by the City Council. The Fire Chief is responsible for all services provided by the department, as well as personnel training, recordkeeping, equipment, facilities, administering contracts to which the department is a party, and representation of the fire department in professional, civic and governmental organizations. The Fire Chief is authorized to delegate administrative and operations responsibilities to other personnel within the department, consistent with efficient operations and effective use of the department's resources. 107.04 DEPARTMENT OFFICERS Thez�e shall be a Deputy Fire Chief who shall assume the responsibilities and authority of the Fire Chief during the Fire Chief's absence. The Deputy Chief is also the City's designated I � Fire Marshall who is responsible for enforcing the City's fire prevention ordinances, investigating the cause and origin of fires, and administering the department's inspection programs. The department is authorized to have additional officers as deemed necessary for the effective and efficient administration of the department's services. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1994. ATTEST: WILLIAM A. CHAMPA - CITY CLERK lst Reading: May 2, 1994 2nd Reading: Publication: ordinance,107 I � � � WILLIAM J. NEE - MAYOR ME MORANDUM TO: William W. Burns, City Manager ,�� PW94157 FROM: John G. Flora,� Public Works Director �'�J��'Clyde V. Moravetz, Engineering Assistant DATE: May 16, 1994 SUBJECT: Easement Conveyances to Anoka County Attached are two permanent easements for highway, utility, drainage and bikeway purposes and one temporary easement to be granted by the City to Anoka County. These easements are requested by the Anoka County Highway Department for the improvement of East River Road between Hartman Circle and Glen Creek Road. The easements are identified as parceis 25 and 38, Anoka County Highway Right-of-Way Plat No. 42. Parcel 38 is part of the now defunct Minneapolis, Anoka and Cuyuna Range Railway right-of-way. Parcel 25 and 25T (temporary) is part of Chesney Way. The attached map illustrates the locations and parcel numbers of the easements in question. Recommend Council authorize the granting of the easements at their May 16 meeting. CVM/JGF:cz Attachments l J � �� FPoOLEY - ; _ 4_ , . ��, , - _ _ _ - -- �� - ---- �,; , � _ - _, `- �,_ � ,. r_o �; ,,; ' _ � N--- � " :� -'�.,� � ti ; - �--- � - 1 � � �� \ �� .� _�`� , 4� � "�,` �'� � - N , �� --- N ' ;�I ' "�` �J '; - f r,��;_- " - ' �'-N ; , � �� ? �--•_ 1l� i _= T��_, n !,,,��fi;'+�� . j oN � _ d . .:.a. �.. �- � - - ;.-, � �� N . -<r' _ j �� _ __:: __� _ ` ; �� F= ��--_._ �:�--- - - { _. __ � � C - - (� — -, ---+__ _ _ �. ! J: C_] � r `,J ' �_ � . 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'� �, ,� � � � � a a a Q � � -�i E E J � m -� � rlj co c ¢_-i � W o 0 o N� o v� � T Y Y � p � � — 5a (n � LL r�U � � � � � L � � N � D g � _ � � �° � °' _ � � � �� e � `-° � � � � o � ; c m `9 .`Fi- c`v ro °' c r �o � o� o 0 0 o L o � cn � m m� C7 0[L .� > °�() F a=¢ S U U U o I- U cn tn c�, o F- � n co i- 1- (� f- I- h- � cv 1- t- f- � r� Q m rn o .- � �}- .- +n � � O � N �A N ('7 (� c� �n M (7 1� (7 c� v V V � C] N N N ('� (") � (7 M� N NO N N N N ('� (h (") � a `,':�; _ T'ry �` QUIT CLAIM DEED Corporation or Partnership to Corporation or Partnership No dclinyucnt taxcs and transfcr cntcrcd; Ccriificatc o( Rcal Estatc Valuc ( ) tiled ( ) not rcyuircd Ccrtificatc of Rcal Estatc Va(uc No. , 19 County Auditor by STATE DBED TAX DUE HEREON: $ Datc: Dcputy , 19 for recording data � FOR VALUABLE CONS[DERAT[ON, City o[ Fridley , a municinal corporation under the laws of Minncsota , Grantor, hcrcby convcys and quitclaims to thc County of Anoka, Grantee, a po(iiical subdivision of the State of Minnesota, rcal property in Anoka County, Minnesota, described as follows: A permancnt casemcnt for highway, utility, drninagc and bikeway purposes over the (ollowing described property: Parccl 25, Anoka County Highway Right-of-Way Plat No. 42 according to the map or plat thereof on filc and of record in the office of the Anoka County Recorder. Subjcct to all easements of record. Granlor(s) warrants that it has no knowledge of any haTardous substance located in or on the land and that the.Grantor(s) had no knowledge of any harardous substance located in or on the land at the time right, title or inte[est in the tand wu C�rst acquired by the Grantor(s). � � . ('rf more space is needed, continue on back) together with all hereditaments and appurtenances bclonging thereto. A%fix Deed Tax S�anp Hne S1'A'1'L OF MINNGSOTA COUN'CY OF CITY Or FRIDLEY By Its By l Its J� Thc (orcgoing instrumcnt was acknowlcdgcd bcforc mc this day of , ly , by and Ihc and o[ Ciry of Fridlcy , a municipal corporation undcr thc laws of_ 1�1�nnesota . on bchali of the municipal corporation NO"PANIAL SfqMP OR SFAL (OR OTFiER 7Tf1.0 OR RANK 'CHG ANOKA COUNIY HIGHWAY DGP"f. RiGHT-Or-WAY UNI'C GOVERNMEN7'CENTER 2100 - 3KD AVGNUL' ANOKA, MN SS303 SIGNA7UILE OF PERSON TAI:ING ACl:,\OWLEUGMENI' GRAN"PBE STA1TtvSGN"f AND SGND TAX STATEMENTS "I'O: ANOKA COUN"CY DIVISION MANAGER Pl20NLR"IY ItECORDS &.TAXATfON (HIG}iWAY DEP'1'.) GOV6RNMENT CL-NTEK 2100 - 3RD AVENUE nNOxn, MN 55303 b'OR IIICfIWAY 1'URPOSH:S Projcct No. SP 02-C�1-36 Parccl(s) 2S - City of Fridley 5C QUIT CLAIM DEED Corporation or Partnership to Corporation or PaRnership No dclinyucnt taxes and transfcr entcrcd; Ccrti[icatc oC Rcal Estatc Valuc ( ) fiicd ( ) not rcquircd CcrUficatc of Rcal Ectatc Valuc No. , 19 County Auditor by STATE DEED TAX DUE HEREON: $ Datc: Deputy , 19 for rccord FOR VALUABLE CONSIDERATION, Ciry of Fridicy , a municipal corporation under the laws of Minnesota , Grantor, hereby convcys and quitclaims to the County of Anoka, Grantee, a political subdivision oC the State of Minnesota, real property in Anoka County, Minnesota, described as follows: A permanent easement for highway, utility, drainagc and bikeway purposes over the following described property: Parcel 3�, Anoka Counry Highway Right-of-Way Plat No. 42 according to the map or plat thereof on [ile and of record in the o[(icc of the Anoka Counry Recorder. Subject to ali easements of record. Grantor(s) wart'ants that it has no knowledge of any hazardous subsunce located in or on the land and that the Gcantor(s) had no Anowledge of any ha�ardous subs[ance Jocated in or on the land at the time right, title or interest in ihe land.was 6rst acquircA by the Grantor(s). � (if more space is needed, conGnue on back) togethcr with all hereditaments and appurtenances belonging thereto. A�x Dccd Tac Stamp Hcrc STA'1'C OF MINN�SOTA COUN'1'Y OF CtTY OF FR(DLEY By Its By � Its �. The Coregoing instrumcnt was acknowledged before me this by . and thc anJ of City of Fridlcy under the laws of Minnesota u0"I'nR�nL SI'AMP OR SFAL OR 077i1iR'RIl.E OR RANF: 'll{H ANOKA COUN'fY HIGHWAY DGPT. RIGHT-Of-WAY UN11' GOVGRNMLN7' CEN"f'LIZ 21fx) - 372D AVENllI? ANOKA, MN 55303 day ,19 , d municipal wrporation on bchalt of the municipa( corporation SIGNA'ILRL' Of PGNSON TAtJNG ACIiNOWLEDGMCNf � GRANTGESTATEMENT AND SfiND TAX STATEMENTS TO: ANOKA COUN'PY DIVIStON MANAGGI2 PROPERT'Y RECORDS & TAXA1'ION (HIGFIWAY DEPT.� GOVERNMENT CENTER 2100 - 3(tD AVBNUE two�cn, naN 55303 F()7t lllf.l(WAy pUltl'OSHS Projcc:t No. SP 02-601-36 Parcel(s) 38 - City of Fridlcy 5D OUIT CLAIM DEED Corporation or Pertnership to Corporation or Partnership No dclinyucnt taxcs and transfcr entcrcd; Ccrtificatc of Rcal Es�atc Value ( ) filcd ( ) not rcquircd Certificatc of Reat Estate Value No. , 19 County Auditor by, STATE DL-'ED TAX DUE HEREON: $ Date: Dcputy , 19 for recording data � FOR VALUABLE CONSIDERATION, Ciry of Fridley , a municinal corporation undcr thc laws uf Minnesota , Grantor, hereby conveys and quitclaims to the County of Anoka, Grantee, a poliiical subdivision of the State of Minnesota, real property in Anoka County, Minnesota, described as follows: Parcel(s) 25T, a temporary easement(s) adjacent to Parcel 25, Anoka County Highway Right-of-Way Plat No. 42, as indicated on said plat. Said temporary easement(s) to expire on Deccmber 31, 1995. Grantor(s) warranu that it has no knowledge o[ any haL�rdous substance localed in or on the IanJ and that the Grantor(s) had no knowledge of any hazardous subslance located in or on the Iand at thc time righ[, tille or intcrest in thc land was first acquircd by the Grantor(s). ('rf more space is naeded, continue on back) together with all hereclitaments and appurtenances belonging thereto. AfJ'u Deed Tar Srainp Hoe STAT� OF M[NN�SOTA COUN'I'Y OF Cri-Y or- By ►� By � Its �. The foregoing instrument was acknowledged before mc this day of , 19 , by and the and o[ Ciry oC FridlcY , a municip:�l curporation under the laws of Minnesota , on behalf o[ ehe municipa! corporation "tliL ANOKA COUNT'Y HfGHWAY DGI'7'. RIGH'f-OF-WAY UNfC GOVGKNM6N"I' CEN'IEl2 2100 - 3RD AVENUE ANOKA, MN 55303 S�('iNA7URE OF PEILSOT TAFJNG ACKtiOWLf:UGMCNi GRAN'1'EL S"CA'I'LMLN1' �Wll SGNll TAX S'CA1'GMGN'iS 'I'O: ANOKA COUN"IY DIVISfON AtANAGGR YROPER7Y KL'•CORDS & '!'NCA"I'!ON �IIIGIIWAY llEP7'.) GOVL'RNMGNT CGN'il-:K 2100 - 3Kll AVBNUI3 nr�c��, ti1N 5$:iU.i P'OR l(IGIIWAY !'UKPOStS Yrojcct Nu. SP 02-GO1-3G 5f�Cl(s) 25T - Gily at ('tit!!�'y G � � City of Fridley Recreation & Natural Resource Department 6431 University Avenue NE, Fridley, Minnesota 55432 Phone # 612-572-3570 Fax # 612-571-1287 May 12, 1994 TO: FROM: � William W. Burns j/�' City Manager � Jack Kirk � Director of Recreation and Natural Resources Canada Goose Population Management Please �nd attached a proposed contract between the University of Minnesota and the City of Fridley for the Canada Goose Population Management Program at Moore Lake Beach and Park. This is a new four year program commencing in 1994 and extending through 1997 at a cost of $1000.00 per year. In 1993, we completed the first four years of Canada Goose Control with the University of Minnesota Department of Fisheries and Wildlife. The control program involves a capture and translocation of the birds. There were 118 birds captured in 1993, 97 in 1992, 107 in 1991 and 183 in 1990. This program has been successful in keeping the number of Canada Geese at a minimum during the prime summer months when our swimming beach is open. I have reviewed the articles of the proposed contract and recommend that the City Council authorize entering into the Canada Goose Population Management contract with the University of Minnesota. ' JK:pr 0 JACK94-73 CONTRACT BETWEEN THE REGENTS OF THE UNNERSITY OF MINNESOTA MINNEAPOLIS, MINNESOTA (hereinafter referred to as the UNIVERSITY) •� � THE CITY OF FRIDLEY, MINNESOTA (hereinafter referred to as the SPONSOR) CONTRACT Title: Canada Goose Population Management and Ecology PRINCIPAL INVESTIGATOR: James A. Cooper CONTRACT AMOUNT: $4,000 EFFECTNE DATE: March 15, 1994 EXPIRATION DATE: March 15, 1998 IN WITNESS OF the agreements and covenants contained in this contract, the authorized representatives of the UNIVERSITY and of the SPONSOR have hereunto set their hands, each warranting that he/she is empowered and authorized to execute the same. REGENTS OF THE UNNERSITY OF MINNESOTA : Mary Lou Weiss Assistant Director TITLE: Research Administration DATE: r� � SPONSOR BY: -------------------- TITLE: �--------------- DATE: ------------------- ARTICLE I- Statement of Work The UNNERSITY hereby agrees to exert its best efforts to perform the work set forth in Appendix A, attached. Any change in the scope or objective of the work requires prior written approval of the Principal Investigator and the authorized representative of the SPONSOR. ARTICLE II- Consideration and Payment Presently, after the authorized representatives of the UNNERSITY and SPONSOR have fully executed this contract, the UNNERSITY shall submit to the SPONSOR, an invoice for that year's fee as set forth in Appendix B. Said invoice shall be submitted on or after March 1 S th. the year following the work performed. The fee shall be paid within 60 calendar days to the authorized representative of the UNNERSITY, and in full consideration of all work to be performed, as set forth in ARTICLE I, above, and all costs, direct and indirect, of labor, materials, equipment, supplies, services, and all other costs of whatever nature to be incurred in the performance thereof. ARTICLE III - Budget Append.ix B, attached, contains the approved budget for this contract. The budget provides for� goose management at 1 location (Moore Lake) within the City of Fridley. A location is defined as an area where adult and young Canada geese concentrated during June. If the SPONSOR, after reviewing the status of goose popularions, requests that management be done at more than or less than 1 location(s), the budget will be revised under the provision provided for in Article V. ARTICLE N - Reports A. The Principal Investigator shall submit to the authorized representative of the SPONSOR program reports as set forth in Appendix A. B. The UNNERSITY shall not submit to the SPONSOR financial reports for this fixed-price contract. ARTICLE V - Modif'ications - . . Any modifications, variations, or waivers of the terms of this contract, and any change in the amount thereof as set forth on page 1, above, shall become effective only upon being reduced to a written amendment hereunto, signed by the authorized representatives of the UNIVERSITY and of the SPONSOR. ARTICLE VI - TP�ination A. Either the UNNERSITY or the SPONSOR may terminate this contract by notifying the authorized representative of the other thirty (30) days in advance of a specified termination date. B.Upon receiving a termination notice from the SPONSOR, the UNNERSITY shall exercise reasonable diligence to cancel orders, obligations, and commitments relating to this contract, and to cancel or redirect commitments for personal services. C. The SPONSOR shall remain liable for all costs incurred by the UNNERSITY pursuant to this contract, including uncancelable orders, obligations, and commitments, made prior to receiving a termination notice. Upon payment of all such costs, the Principal Investigator shall deliver to the authorized representative of the SPONSOR such incomplete Subject Data, in its extant format, as ARTICLE XI, below, requires. ARTICLE VII- Records and Inspection A. The UNIVERSITY shall maintain books, records, and other evidence of costs incurred and revenues received under this contract, to document fully all net costs, direct and indirect, of labor, materials, equipment, supplies, and services, and all other costs of whatever nature. B. At all reasonable times during the retention period, Paragraph C, below, the SPONSOR, or any authorized audit representative, shall have access to such pertinent UNNERSITY books, records, and other evidence, to audit and examine them. C. The UNNERSITY shall preserve all such books, records, and other evidence pertaining to this contract for three ( 3) years after the contract period. sC D. The UNIVERSITY shall retain all materials relating to any litigation or claim resulting from this contract, or to contract costs questioned upon inspection or aud.it, until such litigation, claim, or question has been settled. � ARTICLE VIII - Subcontracts A. The UNNERSITY shall obtain written approval from the authorized representative of the SPONSOR before subcontracting any of the work set forth in ARTICLE I, above. However, this ARTICLE shall not be construed to apply to the purchase by the UNNERSITY of materials, supplies, equipment, and services incidental but necessary to perform the work set forth in ARTICLE I, above. B. All subcontracts shall incorporate the pertinent provisions of this contract, by reference or otherwise. ARTICLE IX - Assignments The UNNERSITY and the SPONSOR each shall obtain written approval from the authorized representative of the other before assigning this contract in whole or in part or any monies due or to become due under this contract, to any third party or parties. ARTICLE X - Publication A. The UNNERSITY and the SPONSOR each may freely publish the results of the work set forth in ARTICLE I, above, both Subject Data, as defined in ARTICLE XI, below, and otherwise, so long as any existing or future copyright of the Subject Data is not prejudiced thereby. The principal investigator and the authorized representative of the SPONSOR each shall submit to the other, copies of all such manuscripts for review prior to publication. B. Publication by either the UNNERSITY or the SPONSOR shall credit the other for the cooperative nature of the said work. Commercial brands or trade names shall not appear in such publication, except as necessary to describe the said work; nor shall the names of the UNNERSITY or of the SPONSOR be used for advertising purposes. • � C. Prior to publication, either the UNNERSITY or the SPONSOR shall provide a copy of the proposed publication to the other party for review and comment before publicizing the results of the said work. ARTICLE XI - Rights in Data and Copyright A. The term "Subject Data" as used herein includes research data and reports, writings, sound recordings, pictorial reproductions, drawings or other graphical representations, and works of any similar nature (whether or not copyrighted), which the UNIVERSITY shall deliver to the authorized representative of the SPONSOR pursuant to ARTICLE N, above. The term does not include financial reports, and materials, books, records, and other evidence incidental to contract administration. B. The UNNERSITY shall own all copyrights arising from the Subject Data. However, if the University chooses not to obtain such copyrights, the SPONSOR may secure them. C. In the event that either the UNNERSITY or the SPONSOR secures a copyright pursuant to (( B) above, such party ( the Licensor) hereby grants to the other ( the Licensee) a royalty-free, nonexclusive, and irrevocable license to publish, translate, reproduce, deliver, perform, dispose of, ad to authorize others to do so for the Licensee's use, all Subject Data now or hereafter covered by copyright: Provided that with respect to Subject Data originating outside of this contract but incorporated into the Subject Data furnished hereunder, such license shall be only to the extent that the Licensor has, or prior to the expiration of the contract may acquire, the right to grant such license without becoming liable to compensate others solely because of such a grant. D. This ARTICLE shall not be construed to limit the rights of UNNERSITY employees to utilize Subject Data in other formats in pursuit of scholarly activities and to publish Subject Data in scholarly or professional journals, so long as any existing or future copyright of the Subject Data is not prejudiced thereby. ARTICLE XII - Jurisdiction 6E The SPONSOR agrees to abide by the laws of the State of Minnesota in aI1 matters regarding this contract. ARTICLE XIII - Patents Title to all patentable discoveries and patents therefrom, resulting from the work set forth in ARTICLE I, above, shall vest in the UNNERSITY. After an invention has been identif'ied, the authorized representatives of the SPONSOR and the UNIVERSITY shall negotiate the nature and scope of the SPONSOR's rights. ARTICLE XN - Authorized Representatives A. The authorized representative of the UNIVERSITY for notif'ications and binding approvals shall be: Mr. Rick Dunn Assistant Director Off'ice of Research and Technology Transfer Administration 1100 Washington Avenue South, Suite 201 Minneapolis, Minnesota 55415-1226 U.S.A. B. The authorized representative of the SPONSOR for notifications and binding approvals shall be: Mr. Jack Kirk City of Fridley 6431 Unversity Ave. NE Fridley,. MN S S 43 2 ARTICLE XV - Other Provisions None. ARTICLE XVI - Contract Complete All materials and provisions incorporated into this contract, by reference or otherwise, must be attached hereunto. This contract, including all materials and provisions incorporated herein by reference or otherwise, conta.ins all agreements and covenants 6F between the UNIVERSITY and the SPONSOR. No other understandings, provisions, or materials, whether written, oral, or othervvise, regarding this contract, shall be deemed to exist or to bind the UNIVERSITY, the SPONSOR, or both. 6G APPENDIX A PROPOSAL Title: Canada Goose Population Management and Ecology. Prepared by: Dr. James A. Cooper, Associate Professor, Department of Fisheries and Wiidlife, University of Minnesota, St. Paul, MN. (612-624-1223) Importance: Exrirpated by market and subsistence hunting over much of its southern range during settlement, the Canada goose (Branta canadensis) has been reestablished in the midwest and elsewhere. This successfixl wildlife management program resulted from federal, state, and private efforts (Nelson 1963, Dill and Lee 1970, and Cooper 1978). Contemporary landscaping and farming practices have greatly enhanced Canada goose habitat. Lawns, soybeans, small grains, and pasture sown on lake and wetland shorelines provide a super abundance of brood-rearing habitat.in both rural and urban settings. These sites and harvested agricultural crops, especially corn and small grains, are used at other times of the year. This, coupled with refuges created to protect the birds during establishment and the expansion of cities where hunting is not permitted, has lead to a phenomenal population growth in past 20 years. Because Canada geese are highly social and occur in flocks during all periods of the year except nesting (Zicus 1981, Schultz 1983 ) and graze extensively on grasses, forbs, and crops, goose flocks, particularly adults with flightless young, began to damage Minnesota crops in 1980 (Rose 1981). Concentrations of geese and their droppings in city parks, on golf courses, and goose flights near airports have lead to a growing number of complaints in urbanized areas, e. g., Denver, Minneapolis-St. Paul, Toronto, Boston, and Westchester County in New York (Laycock 1982, Oetting 1983). Whi1e population reductions methods, such as capture and removal and increased hunting kill, have been used, none have be adequately � tested or documented in the literature. This project will test further removal and translocation. Objectives: 1. To assist with development of population objectives, i. e., the acceptable number of geese at specif'ic sites within the city. 2. To model populations and estimate removal levels needed to attain and maintain desired population levels. 3. Provide technical expertise and participate in public hearings and assist with public relations. 4. To coordinate and do goose removal in 1994, 1995, 1996, and 1997 as population control procedures. S. To monitor population levels from 1994 to 1997 to ascertain population reduction effectiveness. Methods: Model--Much of the data necessary to construct a model have been gathered from 1973 to 1987 for the Metropolitan Twin Cities Canada Goose populations (Sayler 1977, Cooper unpubl. data). Parameters that have been measured include participation in breeding by sex and age class, age related productivity, effect of re-pairing, emigration and immigration, gosling, subadult, and adult survival. Additional data are needed on the effect of density reduction on breeding participation, dispersal, and survival. These data are being obtained by capturing and neckbanding (Sherwood 1966) flightless, immature geese, and subsequently capturing and removing the breeding segment of the population the next summer. Because Canada geese do not breed until 2 years of age, or older, by monitoring the breeding participation rate of the marked geese in the following 2 years and comparing the rate of participation with existing data (Cooper, unpubl.), the effect of the lowering the density can be determined. Survival and dispersal of will be ascertained from neckband reobservation (Cormack 1964; Cooper 1975). The model will be based on the Jolly method as modified Barry (1977) 61 except that neckband observations will be employed instead of legband recaptures. Removal--The effectiveness of goose removal will be predicted using the model and evaluated by monitoring population growth. Population level objectives will be established in consultation with cooperating city and agency personnel. Selected target populations will be reduced by capturing and removing young and adults during the summer flightless period (Martz et al. 1982). Growth in these populations will be measured by 1) ascertaining nest densities using methods similar to that of Cooper (1978), 2) by conducting brood counts prior arrival of migrants in mid-September, and by doing population counts from August to December. Chronology of Research Activities: 1994 15 May-S June--identify brood concentrations, model populations and estimate goose removal levels; participate in public hearing and attain pernuts. 5 June-7 July--coordinate and conduct goose removal. 1 August-31 December--conduct population counts and read markers at goose concentration sites. 1995-97 1 January-ZS April--summarize data and prepare annual report. 1 S April-S June--conduct nest density surveys and brood counts; estimate goose removal using population model. 5 June-1 July--coordinate and conduct goose removal. 15 August-31 December--conduct population counts and read markers at goose concentration sites. Literature Cited: 6J Barry, C.T. 1977. The mortality of Yorkshire Canada geese. Wildfowl 28:35-47. Cooper, J.A. 1975. Estimating Canada goose survival in an urban environment from neckband observations. 3 7 th Midwest Fish and Wildlife Conference, Toronto, Ontario. Cooper, J.A. 1978. The history and breeding biology of the Canada geese of Marshy Point, Manitoba. Wild1. Monogr. 61. 87pp. Cormack, R. M. 1964. Estimate of survival from sighting of marked animals. Biometrika S 1:429-438. Dill, H.H. and F.B. Lee (eds.) 1970. Home grown honkers. U.S. Dept. Int., Fish Wildl. Serv., Washington, D. C. 154pp. Laycock, G. 1982. The urban goose. Audubon 84:44-47. Martz, J., L. Pospichal, and E. Tucker. 1982. Giant Canada geese in Michigan: experiences with translocations and nuisance management. in Johnson, M. A. (Ed.) Transactions of The Canada Goose Symposium, North Dakota TWS Chapter, 71pp. Nelson, H.K. 1963. Restoration of breeding Canada goose flocks in the North Central States. Trans. N. A. Wildl. Conf. 28:133-150. Oetting, R. 1983. Overview of management of Canada geese and their recent urbanization. in Johnson, M. A. (Ed.) Transactions of The Canada Goose Symposium, North Dakota TWS Chapter, 71pp. Rose, J. 1981. Fergus Falls goose shortage turns into goose abundance. Minnesota Out-Of-Doors 27(11):22. Sayler, R. D. 1977. Breeding ecology of the Twin Cities, Minnesota, Metropolitan Canada geese. M. S. Thesis, University of Minnesota, 61 pp. Schultz, D. F. 1983. Fall flock behavior and harvest of Canada geese in the vicinity of the Talcot Lake Wildlife Management Area in southwest Minnesota. M.S. Thesis, University of Minnesota, 72pp. 6K Sherwood, G.A. 1966. Flexible plastic collars compared to nasal discs for marking geese. J. Wildl. Manage. 30:853-855. Zieus, M.C. 1975. Capturing nesting Canada geese with mist nets. Bird Banding 46:168-169. Zicus, M.C, 1981. Flock behavior and vulnerability to hunting of Canada geese nesting at Crex Meadows, Wisconsin. J. Wildl. Manage. 45:830-841. 6L APPENDIX B BUDGET* Salaries (7010) (program coordination and monitoring) Finge benefits ( 7100) @ 13.1�Yo Travel and shipping(8020) Miscellaneous (7300) (nets, boots, computer disks} TOTAL 1994 1995 1996 1997 700 700 700 700 92 92 92 92 160 160 160 160 .� ,• .. ,. 1000 1000 1000 1000 *The City of Fridley authorizes transfer of funds between subaccounts. 6M Canada Goose Removal from Moore Lake, City of Fridley 200 a� � a� d C� 0 100 L a� .c E � z C�7 1990 1991 1992 1993 Year �• CITY OF FRIDLEY PLANNING COMMISSION MEETING, MAY 4, 1994 CALL TO ORDER: Vice-Chairperson Kondrick called the May 4, 1994, Planning Commission meeting to order at 7:35 p.m. ROLL CALL• Members Present: Dave Kondrick, Diane Savage, Dean Saba, LeRoy Oquist Members Absent: Dave Newman, Brad Sielaff, Connie Modig Others Present: Barbara Dacy, Community Development Director Michelle McPherson, Planning Assistant Faron Turner, 7708 Tyler Street N.E., Spring Lake Park, Minnesota Frank Shimek, 7901 River Terrace Clark Nason, 614 Cheryl Street N.E. M. E. & E. Thompson, 6212 Hillside Road, Edina, Minnesota Tim & Diane Lott, 2149 Sheridan Hil1s Road, Wayzata, Minnesota Darlene Brady, 641 Buffalo Street N.E. Gordon Hedlund, 1255 Pike Lake Drive, New Brighton, Minnesota James Peterson, 7995 Broad Street APPROVAL OF APRIT� 20 1994 PLANNING COMMISSION MINUTES: MOTION by Mr. Saba, seconded by Mr. Oquist, to approve the April 20, 1994, Planning Commission minutes as written. UPON A VOICE VOTE� ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING: AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE CHAPTER 205 ENTTTLED "ZONING" BY AMENDING SECTIONS 205.14.1.B 205 14.1 C 205 15 1 B 205 15 1 C AND RESCINDING AND AMENDING CHAPTER.32 ENTITLED "FOOD ESTABLISHMENTS" MOTION by Ms. Savage, seconded by Mr. Oquist, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICR DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:36 P.M. 7 � PLANNING COMMISSION MEETING, MAY 4 1994 PAGE 2 Ms. Dacy stated this item is a request to amend two zoning districts in the ordinance. The request is to amend the C-2 and C-3 districts, which are commercial, to permit seasonal outdoor food sales. The request is being made because the petitioner, William Turner and his son, Faron Turner, operate a mini-doughnut machine. They were selling mini-doughnuts inside the Wal-Mart Store during the holiday season last year. The mechanical code requires this type of equipment to have a venting system to have the exhaust leave the area of the machine and out of the building. Wal-Mart was not willing to provide the venting system. The alternative was to locate the mini-doughnut machine outside the building. The zoning code however does not permii the outdoor sales of food items. Mr. Turner subsequently spoke at a City Council meeting during the Open Forum to request the City Council to consider amendinq the ordinance. The City Council directed staff to develop options for their review which staff did and brought back to the City Council. The City Council decided they would be able to support an amendment that would permit outdoor food sales, both on a temporary and long term basis, using different tools in the zoning code and the licensing chapter. The amendment to the zoning ordinance includes three different types of sales of food items, as follows: A. Daily sales. Sales which occur each day for ten or more consecutive days. B. Weekly sales. Sales which occur for a minimum of one and a maximum of three consecutive days each week for two or more consecutive weeks during the year. C. Special event sales. Sales which occur for a minimum of one and a maximum of ten consecutive days, and no more than two times per year. The weekly sales and special event sales would be a permitted accessory use and would require a license. The petitioner would come in, file an application for a license, and this would be handled by staff. For daily sales, staff suggest there be a special use permit in the C-2 and C-3 districts. Using this as a framework, staff developed seven standards with which all of the sales would have to comply: l. The sale area sha11 not exceed ten feet by 20 feet (200 square feet of area). 2. The sale area shall be located within 20 feet of the major entrance of the principle building. 3. The sale area shall not be located within the 20 foot parking setback or in the public right-of-way. 7A PLANNING COMMISSION MEETZNG MAY 4 1994 PAGE 3 4. The sale area shall not interfere with parking or traffic patterns. 5. The pedestrian waiting area shall be clearly defined, signed, and shall be protected and separated from vehicular traffic. 6. Sale equipment shall meet all applicable building, fire, and electrical codes. 7. A license shall be obtained in accordance with the requirements of Chapter 32 of the Fridley City Code prior to conducting sale activities. Staff recommends that the Planning Commission recommend approval to the City Council of the proposed ordinance amendment. Ms. Dacy stated, as a related item, Chapter 32, the Food Establishment Code which would require the license, is currently being reviewed by the Clerk's Office. Because this is not part of the zoning code, it will not be brought before the Planning Commission. Also, she was contacted by a local restaurant owner wondering if the outdoor eating area at his establishment might be restricted by this ordinance. In order to clarify for the record, this is not the case. This amendment is to address temporary food sales, such as the mini doughnut operation, which is not a continuous principal use of the property. Mr. Saba asked if staff had considered tieing these types of sales to the number of square feet of space so they are not lined up along the wall. Is there a maximum number of food vendors allowed? Ms. Dacy stated this was not discussed but they may want to restrict the number of sales occurring on any one property at any one time. This could be a standard. Mr. Oquist stated the intent is not to restrict outdoor use at restaurants, but this could restrict that. There should be wording in the standard that does not restrict. Ms. Dacy stated, in the definition of sales, they can clarify what the term means and perhaps define by excluding restaurants with outdoor eating areas. Mr. Oquist stated, in the first standard, the sale area is not to. exceed l0 feet by 20 feet (200 square feet). He asked if they wanted to restrict this to 200 square feet or 10 feet by 20 feet. Ms. Dacy stated she would recommend stating 200 square feet and not provide dimensions. � PLANNING COMMISSION MEETING, MAY 4 1994 PAGE 4 Ms. Savage asked if restaurants can have outdoor tables without a special use permit. Ms. Dacy stated this was correct. There are no specific guidelines in the code about that. Outdoor seating areas are typically separated from a sidewalk or street and customers have to get back into the main building to pay. The food is being sold and eaten on the premises. The City is trying to address food sales purchased and not eaten in the immediate area. Mr. Faron Turner thanked staff and the Commission for their time and effort. He and his father have gotten a good response from the public as far as what they do at Wal-Mart. People are coming and like to find them there. It is a novelty that the public enjoys and Wal-Mart enjoys, and they would like to continue. He understands the proposed amendments, but he does not know where it will end up. As far as the down draft system used to vent the operation in the store, when they purchased the equipment, they were told it was approved equipment but later learned it was not approved within the City. They would not have used it if they had known. He met with Ms. Dacy at the site, and he hopes they can continue their operation. Ms. Darlene Brady stated she had a thought about the outdoor seating areas at restaurant. These areas do not have food prepared there. Food is prepared inside and served outdoors: MOTION by Mr. Saba, seconded by Ms. Savage, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:52 P.M. Mr. Saba stated he would like to see included in the amendment wording that addresses the number of food sales vendors allowed in any one area to avoid a carnival-like appearance and change the area to read 200 square feet. Mr_ Oquist stated there should also be clarification of food preparation or food sales and to whom it applies. Mr. Kondrick asked if Ms. Dacy would like to make the changes and come back or if she would like a recommendation. Ms. Dacy stated she would like to have a recommendation if the Commission is comfortable in doing so without actually seeing the changes. MOTION by Mr. Saba, seconded by Ms. Savage, to recommend to the City Council approval of an ordinance recodifying the Fridley City Code, Chapter 205, entitled "Zoning" by amending Sections 7C PLANNING COMMISSION MEETING, MAY 4 1994 PAGE 5 205.4.1.B, 205.14.1.C, 205.15.1.B, 205.15.1.C, and rescinding and amending Chapter 32, entitled "Food Establishments"; that the standard regarding the sale area be amended to read, "Sale area shall not exceed 200 square feet of area"; that there be included a limit to the number of sellers allowed at a site; and that there be clarification of food preparation and food sales. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED UNANIMOIISLY. 2. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT. SP #94-06, BY WILLIAM TURNER: Per proposed Section 205.14.01.C.(18) of the Fridley City Code, to allow seasonal daily outdoor sales of food (mini doughnutsj on Lot 1, Block 1, Wal-Mart in Fridley, the same being 8450 University Avenue N.E. (Wal-Mart Store) MOTION by Mr. Oquist, seconded by Mr. Saba, to waive the reading of the public hearing notice and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 7:56 P.M. Ms. Dacy stated the parcel is located at the Wal-Mart Store located at the corner of 85th Avenue and University. The property is zoned C-2, Commercial_ The Springbrook Apartments are on the west side of the property and are zoned R-3, Multiple Family, and the vacant property now under construction is zoned C-2, Commercial. Ms. Dacy stated the petitioner is requesting a special use permit for doughnut sales just east of the front door within the 20 feet disiance required by the zoning ordinance just discussed. The vendor will be located on the sidewalk in front of the store. The sidewalk is about 10 feet deep. The trailer is 7 feet by i0 feet so the trailer will be located lengthwise along the wall of the building. At this point, the area is striped for pedestrian traffic and there are bollards in front of the store's main entrance. Ms. Dacy stated the petitioner stated during the site visit, because they prepare the doughnuts in the bags in advance, they have not generally had a line and there is not an overcrowded condition. Staff have reviewed the request based on the standards developed in the zoning ordinance and recommend the Planning Commission recommend approval of the special use permit subject to the following stipulations: 1. Daily sales of mini doughnuts shall begin on May 1 and end on October 1 of each year. �-J PLANNING COMMISSION MEETING, MAY 4, 1994 PAGE 6 2. The petitioner shall submit documentation to the Fire Marshall regarding the fire extinguishing system for the deep fat fryer. 3. The petitianer shall obtain a license as required in Chapter 32 of the City Code and comply with the seven standards of the proposed ordinance amendment. 4. This special use permit is for the daily sales of mini- doughnuts only; additional sales shall obtain the appropriate licenses or special use permits as governed by the proposed ordinance amendment. Extensions to the sale period shall be approved by the City Council. Mr. Oquist stated the petitioner indicated that Wal-Mart was in favor of this business. Are they in favor of this being outside? Mr. Turner stated they were outside for a short time before going inside. Wal-Mart likes their operation, and people seem to like it and ask when they will be back. Mr. Kondrick stated the City received a letter from the Wal-Mart store manager indicating he and the customers have been happy with the facility and the food. Mr: Saba stated he has a concern that the vendor is selling food. in disposable bags and the customer throws the bag away. He would not like to see these disposable bags thrown aw.ay in the parking lot and subsequently littering the Springbrook Nature Center. Mr. Turner stated they pick up the bags when they see them. They fill the bag up all the way to the top, and customers end up taking them home. This has not been an issue. He can place a garbage can outside. The units are spotless all the time and are approved by the Health Department. They follow the codes and try to recycle as much as they can. MOTION by Mr. Saba, seconded by Mr. Oquist, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:02 P.M. MOTION by Mr. Saba, seconded by Ms, Savage, to recommend to the City Council approval of Special Use Permit, SP #94-06, by William Turner, to allow seasonal daily outdoor sales of food (mini-doughnuts) on Lot l, Block l, Wal-Mart in Fridley, with the following stipulations: 7E PLANNING COMMISSION MEETING MAY 4 1994 PAGE 7 l. Daily sales of mini doughnuts shall begin on May 1 and end on October 1 of each year. 2. The petitioner shall submit documentation to the Fire Marshall regarding the fire extinguishing system for the deep fat fryer. 3. The petitioner shall obtain a license as required in Chapter 32 of the City Code and comply with the seven standards of the proposed ordinance amendment. 4. This special use permit is for the daily sales of mini- doughnuts only; additional sales shall obtain the appropriate licenses or special use permits as governed by the proposed ordinance amendment. Extensions to the sale.period shall be approved by the City Council. UPON A VOICE VOTE, ALL oOTING AYB, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRI$D IINANIMOUSLY. Mr. Turner stated the first stipulation states the dates of operation from May 1 to October l. Is it possible for him to start working anytime soon? Ms. Dacy stated the petitioner is asking to start the operation prior to City Council approval which will not be until June 20. She suggested he write a letter which she will pass on to the. City Council. 3. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT, SP �94-05, BY GORDON HEDLUND: Per Section 205.24.4.D and 205.24.5.A of the Fridley City Code, to allow construction in the CRP-2 District (Flood Fringe) on Lots 13, 14, 15, and 16, Block V, Riverview Heights, generally located on the north side of Dover Street west of Broad Avenue. MOTION by Mr. Oquist, seconded by Mr. Saba, to waive the reading of the public hearing notice and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 8:05 P.M. Ms. McPherson stated the Planning Commission has before them requests for three separate lots in the Riverview neighborhood. As each lot is unique and the issues different for each parcel, the requests will be presented individually. Ms. McPh�rson stated the first request for Special #94-05, is for 665 Dover Street. This property is approximately 160 feet east of Riverview Terrace on 7� Use Permit, SP located the north. PLANNING COMMISSION MEETING MAY 4 1994 PAGE 8 side of Dover. The property is zoned R-1, Single Family, and is vacant. The property meets the minimum lot area requirement of 9,000 square feet as it has a lot area of 10,978 square feet. The code requires a minimum lot width of 75 feet. The subject parcel has a lot width of 99.5 feet. The petitioner does not have a buyer for this lot; however, the surveyor working with the petitioner indicated the proper setback requirements for the lot on the site survey and has identified a house pad which meets the setback requirements. There is a 30 foot by 40 foot dwelling unit proposed for this lot which meets the setback requirements. Ms. McPherson stated the special use permit request is to allow construction of a dwelling unit in the flood fringe area. A portion of the Riverview Heights neighborhood is in the flood fringe area and is regulated by local ordinance and Federal regulations to require construction to meet certain flood avoidance regulations. The regulations require the first floor elevation of habitable living space be one foot above the 100- year flood level. On this parcel, that elevation is 823.1 feet above sea level. The petitioner is proposing a first floor elevation of 824.1 feet. In order to insure that the construction meets the minimum flood elevation requirements, the ordinance requires the petitioner to submit an elevation certificate submitted by a registered surveyor verifying that the first floor elevation is at the proper elevation. This needs to be done prior to the foundation being capped and construction continuing on the dwelling unit. Ms. McPherson stated the petitioner has proposed a garage elevation of 822.1 feet. The garage is considered an accessory use, and accessory uses are permitted below the 100-year flood elevation if they meet certain standards: 1) They are not for human habitation; 2) They have low flood damage potential; and 3) Structures are firmly anchored. The ordinance also requires that the portion of the accessory structure that is below the 100-year flood level needs to be flood proofed in accordance with current Federal and State regulations. Ms. McPherson stated the ordinance also requires the fill needed to bring the first floor elevation up to the required minimum extend a minimum of 15 feet around the dwelling unit. The petitioner has proposed the required 15 feet of fill. As a result of the fill to be placed on the lot, the drainage patterns on the subject parcel will change. Currently, water flows from the rear to the front of the parcel, east along the curb line of Dover Street to a catch basin, and then through a pipe and westerly to the river. As a result of the fill being placed on the site, the water would then flow around the fill being placed or towards the east and west property lines and then south to the street. In order to direct this water from flowing to adjacent properties, well defined drainage swales will need to be constructed to direct the water in the proper direction. Staff 7G PLANNING COMMISSION MEETING MAY 4 1994 PAGE 9 is recommending that a grading and drainage plan stamped and signed by a registered civil engineer be submitted by the petitioner prior to any action being taken on the request by the Planning Commission or City Council. The surveyor has indicated general drainage on the site plans; however,.there are no spot elevations or slope percents with which staff can verify the drainage plan as submitted can function as it should. Ms. McPherson stated the petitioner would also need to submit an erosion control plan, which is required by Chapter 208 of the City code. In the past for similar requests, the City has requested the petitioner execute and record a hold harmless agreement to release the City from any liability should damage occur due to flooding as the result of the City's approval of the special use permit. Ms. McPherson stated there are some miscellaneous requirements associated with this request. There are a number of mature trees located along the west, north and east lot lines. These mature trees are an asset to the parcel and attempts should be made by the petitioner to preserve as many of these trees as is practical. The subject parcel is composed of four 25-foot lots which have been assigne.d individual Property Identification Numbers (PIN) with a tax statemen� being issued for.each number. The Assessor has requested the petitioner combine these lots into one PIN so the new property owner would receive one tax statement. The petitioner has complied with the requirements of the O1 district regulations. However, staff is still concerned that the. stormwater runoff be properly addressed by the petitioner. Ms. McPherson stated staff recommends the Planning Commission conduct the public hearing in order to receive testimony from the adjacent property owners but table its decision until the petitioner has submitted the required grading and drainage plan from a registered civil engineer. If the Commission should choose to act on the request, staff recommends the following stipulations; l. The petitioner stiall submit of a verifying survey prior which shall verify that the 824.1. an elevation certificate as part to the foundation being capped, minimum first floor elevation is 2. The petitioner shall flood-proof the garage in accordance with current federal and state flood-proofing.requirements to a minimum of the 100-year flood elevation. 7H I PLANNING__COMMISSION MEETING MAY 4 1994 PAGE 10 3. The fill placed on the property shall extend a minimum of 15 feet from the proposed dwelling unit. 4. A grading and drainage plan and an erosion control plan shall be designed, signed, and stamped by a registered civil engineer showing well-defined drainage swales along the north, west, and easterly lot lines. The drainage plan shall indicate spot elevations and percent slopes for the drainage swales. These plans shall be submitted for staff review prior to City Council review of the special use permit. 5. Petitioner shall execute and record against the property a hold harmless agreement releasing the City from liability if damage occurs as the result of flooding. 6. The grading and drainage plan shall indicate the number of trees to be preserved. 7. The petitioner shall sign a Combination Form, combining the property into one tax statement prior to building permit issuance. Mr. Hedlund stated he is in the construction business and he could build the houses and sell them. He would prefer to sell the lots to someone in the construction business or sell to a person who wanted a home in the area. He would then have a specific plan. One of the requirements that staff suggest is to have an engineer to da all this work, but he thought the surveyor was qualified to do this type of thing. For the sake of simplicity, he thought it would be adequate to have the information for drainage taken care of by the surveyor. Mr. Kondrick asked staff if they felt a surveyor could provide this plan or does this need to be done by an engineer. Ms. Dacy stated, while the surveyar has provided information on the general direction of the flow, staff's concern is that a registered engineer could actually do calculations of the runoff, run through the typical 100-year storm event calculations from typical studies, and from that be able to design with a good degree of accuracy exactly how deep the swales should be on the north, west and east lot lines and how wide the swales should be; and the registered engineer can then submit a plan that says the lot.can handle the runoff fram the house on its own. Mr. Oquist asked how can this be done without the footprint of the house. Ms. Dacy stated this can be done knowing the amount of impervious surface. An engineer can run through the calculations to determine the amount of runoff that would occur, combine that with the runoff from the grades and give staff a dimension of how 7' PLANNING COMMISSION MEETING MAY 4 1994 PAGE 11 wide the swales should be and at what slope. In this particular lot, there appears to be enough change in grade to direct the water to the street. Staff wants to know with some degree of accuracy, and a registered engineer can do that, that the water can be handled. Mr. Oquist stated part of the plan from them may be the stipulation that says what could happen with a house of a particular size. Mr. Kondrick asked, if the footprint were put the other way, is that possible? If so, would it not hamper the flow of water from the south? Ms. Dacy stated, in answer to both questions, yes, and doing so would affect the drainage. The petitioner wants.approval from the City so he can sell the lot. Staff wants an approved drainage plan based on a reasonable site plan. Mr. Kondrick stated this is suitable for a prospective buyer and also for the neighbors so they know the water can be handled. Ms. Dacy stated without an engineer submitting a plan that shows how deep this swale should be, may be leaving too much discretion up to the builder and/or the City to interpret what was the Council's intent. Staff is trying to reasonably assure the buyer, adjacent homeowners, and the City that the drainage can be. handled. Mr. Hedlund stated the house will be very close to the stated size and shape. One of the things that could be done to make the base smaller is to construct a two-foot overhang in the front and in the back. In speaking of the engineers, he is thinking of the cost of an engineer. When they have a document such as presented, a surveyor will know what he is up against. If he does not feel qualified, they would not do it. But, rather than going to an engineer and since he is�working with a qualified surveyor, he would recommend saving the cost of an engineer. There is a limit to how high the costs should be on this. Ms. Savage asked to clarify the original reason for the request and if this was because the property is in the flood fringe and so no dwelling can be �uilt without the special use permit. Ms. McPherson stated this was correct. Even an accessory structure must have a special use permit. Mr. Frank Shimek stated he is concerned about the condition of the Coon Rapids dam. The dam is in bad shape and Anoka County is not doing anything about it. He felt it dangerous to build a house in thai area until that structure is repaired or removed. If the dam should break, all homes in that area will be flooded. 7J PLANNING COMMISSION MEETING MAY 4, 1994 PAGE 12 Ms. Darlene Brady referred to the special use permit and asked if this required an engineer. Mr. Kondrick stated this is not always the case, but in this situation with changing the elevation due to the fill, the City wants to make sure the run off will be contained on the property. Ms. Brady asked whose decision,it is to require or not require an engineer. Mr. Saba stated the Commission's recommendation goes to the City Council who make the final decision. Ms. Brady stated she would prefer to have an engineer. Regarding building in general in that area, she was happy to see the City requires a hold harmless agreement. With flooding to the south last year and the government not in support of dikes, which is located there, she wonders about the advisability of new construction in that area which would compound any problems that might come up. The dike was not built like those that gave out last year. It was not constructed in the same manner, but rather on an emergency basis, which may mean it was not as well constructed which increases the possibility of something happening. The river is high now as well as the water in the creek. If it rains, she does not know what will happen. She wonders if it is advisable to build new homes in that area. Ms. Brady stated another concern is the sewer system in that area. She has lived in that area about eight years and has had the city sewer back up into her home five times. She wonders what the effect of additional homes will be on the sewer system. The sewage goes through a pumping station and is pumped up the hill. Ms. Brady stated a year or two ago another house.was built in that area. She feels the house is much too big for the lot and for the neighborhood. It does not fit into the type of homes in that neighborhood. A smaller lot should have a smaller home. She is also concerned about the water run off. Mr. James Peterson stated the elevation of the foundation, as he reads the drawing, would be 8 feet above the street level. He is concerned about how high the houses are from street level on the other sides of this lot, particularly if building a two story home or if the house has a steeply pitched roof. How high would this be in relation to the other houses in that area? Ms. Dacy stated the drawing shows an elevation of 819 feet at the curb and the top of the foundation is at 824.1 feet. The elevation along the east and west lot lines is 820 feet. Mr. Peterson asked if this home would be much taller. 7K PLANNING COMMISSION MEETING MAY 4 1994 PAGE 13 Ms. Dacy stated she had only ground elevations, but this house would be somewhat higher. Mr. Peterson stated the one suggestion he would make would be that the City limit the structure to a one-story home and a 5-12 pitch roof to minimize the impact to the neighborhood. In general, he is pieased to see new homes coming in. The new homes are larger than the older homes in that area. Construction has changed and because it does not conform to the 600 to 800 square foot homes that are there, one should not put it in disfavor. A 30 foot by 40 foot house means Z200 square feet. What is the minimum number of square feet now required by the code? Ms. McPherson stated the minimum first floor dwelling unit size is 1020 square feet. Mr. Peterson stated a garage was mentioned but he does not see if on the plan. Is the garage attached to the front? Ms. McPherson stated the front portion would be the garage. Mr. Hedlund stated the 30 foot x 40 foot dimension is for both the house and the garage. The structure would be a split level with an overhang to provide additional square feet w.ith a smaller foundation. He does not have a specific plan now but this would be a respectable house. Mr. Peterson stated he thinks a two-story will give too much height compared to the 1 1/2 story homes in that area. Ms. Diane Lott asked iP a home with two-foot overhangs would still meet the setback requirements. Mr. Oquist stated there is sufficient room to have the two-foot overhangs and still meet the minimum setback requirements. Mr. Tim Lott stated, when reading about the tile around the house, he was not sure whether it would work or not or it has not been proven this would drain properly. Is this correct? Ms. McPherson stated these are called drainage swales which is surface drainage system for the area around what is being filled. Staff has stated, in general, that the surveyor has indicated general drainage patterns but there are no spot elevations and it does not indicate the water flows to a point that is lower nor does it give a percentage of slope from the bottom of that swale. That is why staff is asking that an engineer design the drainage swales so that staff can tell the builder how deep the swales need to be and at what slope so that it works. 7L PLANNING COMMISSION_MEETING, MAY 4 1994 PAGE 14 Mr. Lott stated that it seems as if no matter what is built on the property now will be higher than any other house in that area because of the changes in the building requirements. What you have now is a house on top of a mound. He cannot see how this can prevent drainage which is already a problem in that area. He cannot see how this will work. Ms. Brady stated the storm water runs down the street. Ms. McPherson stated staff acknowledges that this dwelling needs to be built at a higher elevation as a result of the adoption of the ordinances in 1977, but there is a way by the grading of the property that water can be diverted properly to where it is supposed to go and may even help drain other properties. Mr. Lott asked if the water is to drain out to the street. He did not-see how this would help the neighbors who have problems with water now. Right now, the water is going into the ground. With a dwelling there, it is not only impacting the area but it seems it would create further problems by draining the water to the street. Ms. Dacy stated, by requiring swales along the perimeter, it. helps to channel the run off from the roof and the surrounding properties as well. Some of these lots are too flat so water cannot run off. By creating a swale, or as in another lot to be reviewed, it may be necessary to put in a catch basin and pipe improvement, in order to catch the run off and prevent ponding from backing up onto another property. While it is not a perfect system, every lot has to handle its own run off and that is the basis for staff's suggestion that a detailed plan be provided by an engineer. Ms. Brady asked if they were saying there would not be any more water going in the street after a house is built. Ms. Dacy stated no, but by adding additional impervious surface there is going to be more run off than a vacant property. That is the reason for a drainage plan and to know how deep the swales will be to get the water to the street. The swales can act alse act to retain the water. Ms. Brady stated, when it rains heavy, the water pools in her yard and it seems this would be adding to that. Mr. Hedlund stated this is a general drainage plan, and it would work. MOTION by Mr. Oquist, seconded by Ms. Savage, to close the public hearing. 7M � PLANNING COMMISSION MEETING, MAY 4 1994 PAGE 15 UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:50 P.M. Mr. Saba stated he would definitely insist on an engineer's opinion on the drainage. Ms. Savage stated she would agree and would recommend tabling a decision until that has been submitted. Mr. Oquist agreed to both the engineer�.ng plan and tabling. Mr. Saba stated he would also like to have some answers on the impact to the sewer system and how the drainage affects what is already in the street. Many good questions were brought up and they need to be answered. MOTION by Ms. Savage, seconded by Mr. Saba, to table consideration of Special Use Permit, SP #94-05, to allow construction in the CRP-2 District (Flood Fringe) on Lots 13, 14, 15, and 16, Block V, Riverview Heights, until submission of a drainage and erosion control plan designed, signed, and stamped by a registered civil engineer; and until such time staff provide additional information on the storm sewer and sanitary sewer systems. Mr. Oquist asked, through the special use permit, can the height of properties be restricted? Ms. Dacy stated she would like to confirm this with the city attorney. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICR DECLARED THE MOTION CARRIED UNANIMOIISLY. 4. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT SP #94-03, BY GORDON HEDLUND: Per Section 205.24.4.D and 205.24.5.A of the Fridley City Code, to allow construction in the CRP-2 District (Flood Fringe) on Lots 12 and 13, B1ock.Y, Riverview Heights, generally located on the south side of Bu�falo Street east of Riverview Terrace. MOTION by Mr. Oquist, seconded by Mr. Saba, to waive the reading of the public hearing notice and open the public hearing. i7PON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICK DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 8:54 P.M. Ms. McPherson stated this request is for the property addressed as 7915 Riverview Terrace N.E. The property is located at the 7N PLANNING COMMISSION MEETING MAY 4 1994 PAGE 16 intersection of Buffalo Street and�Riverview Terrace. The property is vacant and has been a lot of record since prior to 1955. It was platted in the late 1800's. For lots of record platted prior to 1955, the zoning code does have an exception to the 9,000 square foot minimum lot area. This exception allows a lot area of 7,500 square feet, The parcel exceeds that minimum having a lot area of 7,982.4 square feet. The subject parcel has a width of 60 feet, which exceeds the minimum lot area for this special exception for a lot width of 50 feet. The request is for a special use permit to allow construction of a dwelling in a flood fringe area. For this lot, the 100-year flood elevation is 822.9 feet above sea level. The minimum first floor elevation would be 823.9 feet. The petitioner is proposing a first floor elevation of 824 feet. A verifying elevation certificate would be required to be submitted by the petitioner. The petitioner is proposing that the garage be lower than the minimum flood elevation or 822 feet. The garage would be required to be flood proofed in accordance with current Federal and State regulations. Ms. McPherson stated there is 15 feet of fill which is required to extend outward from the dwelling unit. In this request, since the lot is a narrow lot, a.retaining wall is needed along the south to retain the fill needed to meet the minimum elevation requirement. This is because there is not enough distance to tie the elevations back in a natural pattern. The natural drainage patterns will be changed by the placement of fill on the property. Based on the submitted grading plan, staff has determined that water flows from west to east across the subject parcel and into Buffalo Street, where it flows to a catch basin located at the very east end of Buffalo Street. The water then flows into Springbrook Creek and then to the Mississippi River. It appears there is a low area along the south property line where water would flow naturally in its undeveloped state into the property to the south. once the fill is placed on the lot, water would then be directed to the north and east lot lines. Staff is requesting well defined drainage swales be constructed to direct water off the property and away from other parcels. Staff is especially concerned about the south and east lot lines to prevent water from draining onto the properties to the east and south. Staff is recommending a grading and drainage place be submitted by a registered civil engineer to insure that the slopes are accurate and that the drainage plan will work as it is designed. The petitioner will need to submit an erosion control plan. Staff recommend the retaining wall be designed by a registered structural engineer to insure the retaining wall will work. 7 O PLAIVNING COMMISSIOI�I MEETING MAY 4 1994 PAGE 17 Ms. McPherson stated staff requires a hold harmless agreement to release the City from any liability as a result of the issuance of the special use permit. For this particular parcel, the Engineering Department is requesting that a 10-foot flood control, street, utility and drainage easement be granted to the City along the westerly property line. In 1969, the City condemned a similar easement of 7 feet adjacent to the property line for the construction of Riverview Terrace. The Engi�neering Department has been working with the Minnesota State Aid program to define Riverview Terrace as a neighborhood collector and to reconstruct Riverview Terrace in order to meet Minnesota State Aid guidelines and to improve the road. The road would be widened and the height of the road increased to provide additional flood control measures for the neighborhood. The easement is requested to provide additional right-of-way for the road reconstruction. The right-of-way can be obtained through a dedication or through the granting of an easement. Ms. McPherson stated there are also miscellaneous requests. There are a number of trees on the property, and staff are requesting the grading and drainage plan indicate those trees which are to be preserved. The parcel is composed of two lots which have two PIN's and, therefore, two tax statements. The Assessor has requested the petitioner combine these lots into one PIN which would mean the property owner would receive one tax statement. Ms. McPherson stated staff recommends the Planning Commission conduct the public hearing to receive testimony from the adjacent property owners and the neighborhood, but table the request until stamped and signed drawings for the drainage from a civil engineer have been submitted. If the Commission chooses to recommend approval, staff recommends the following stipulations: 1. The petitioner shall submit an elevation certificate in addition to a verifying survey prior to the foundation being capped, which shall verify that the minimum first floor elevation is 824. 2. The petitioner shall flood-proof the garage in accordance with current Federal and State flood-proofing requirements to a minimum of the 100-year flood elevation. 3. 4. The fill placed on the property shail extend a minimum of 15 feet from the proposed dwelling unit. The petitioner shall submit retaining wall plans that have been signed by a structural engineer. 7P PLA�NING COMMISSION MEETING, MAY 4 1994 PAGE 18 5. The petitioner shall execute and record against the property a hold harmless agreement releasing the City from liability if damage occurs as a result of flooding. 6. The petitioner shall grant a 10-foot flood control, street, utility, and drainage easement along the west lot line. 7. A grading and drainage plan and an erosion control plan shall be designed, signed, and stamped by a registered civil engineer showing well-defined drainage swales along the north, west, and easterly lot lines. The drainage plan shall indicate spot elevations and percent slopes for the drainage swales. These plans shall be submitted for staff review prior to City Council review of the special use permit. 8. The grading and drainage plan shall indicate the number of trees to be preserved. 9. The petitioner shall sign a Combination Form, combining the property into one tax statement prior to building permit issuance. Mr. Kondrick asked for a comparison of the elevation of the property and the proposed structure to the other properties. Ms. McPherson stated the average elevation of the subject property from east to west along Riverview.Terrace is 819 feet. In the middle of the property, the elevation is approximately.818 feet. Along the east, the elevation is 819 feet. The first floor elevation is proposed to be at 824 feet so there is app�oximately a 5-foot difference from the dwelling unit to the elevation to the south. At the corner of Buffalo and Riverview Terrace, the elevation appears to be 822 feet. The elevations are lower going east to 818.3 at the east corner of Buffalo. The garage level is proposed to be at 822 feet which is about 4 feet above street level. Mr. Kondrick asked if the proposed structure is 24 feet x 40 feet. Ms. McPherson stated this is the proposed pad which meets the setback requirements. Mr. Saba asked if there were the same concerns. here about the storm sewer and sanitary sewers. Ms. McPherson stated, according to the Engineering Department, there is no storm sewer under Buffalo 5treet. All run off in on surface on Buffalo Street. The first catch basin is at the end of Buffalo. As far as staff can tell, the water then enters Springbrook Creek and then to the Mississippi River. 7 Q PLANNING CONII�IISSION MEETING, MAY 4 1994 PAGE 19 Mr. Hedlund stated, with the exception of the retaining wall, the drainage and erosion could be handled by a surveyor. Ms. Brady stated Buffalo Street, coming from Riverview Terrace, has quite a slope to it, and residents are getting water from Riverview Terrace. When it rains heavily, it starts pooling in front of her house near the garage. The.garage is very close to the street. If there is water coming off the southeast corner, she feels her property would be flooded. She lives across the street from the vacant property. The street is narrow, and she will have trouble getting in and out of her garage if someone parks on the street. She does not think Buffalo can handle any more water and the water has to go to the other end of the street to go down the drain. Riverview Terrace is higher than this lot. If Riverview Terrace is to be improved, will this make the lot smaller? Ms. McPherson stated the City is requesting an easement be granted which would be used for side slopes for the road. The road would not be expanded into the lot. If the road is to be expanded, it would be expanded toward the river side. The proposal is to increase the height of the road, perhaps by two feet, in order to use it as a flood control structure. The easement being requested is to tie the side slopes of the road back into the adjacent property. Ms. Brady asked if there would be more water going back onto the property from the Riverview Terrace road improvement project. Ms. Dacy stated they did not have detailed construction plans of the street as of yet. They do know there will be concrete curb and gutter so some of the run off will not be directed onto this property. There will still be the slope however into Buffalo Street. Ms. Brady stated there is the sewer problem. This is a low area. Every time the city sewer backs up, it backs up into their homes. She feels this will add to the problem. She asked what side would be considered the front of the house. Ms. McPherson stated the code defines the front as the shortest of the two street frontages on a corner lot so the front is defined as Riverview Terrace. Ms. Brady stated her house is fairly close to the street. This house is close to the street and this is a narrow street. If a large house is built on this lot, she did not think this would be appropriate for the location. She would prefer no one build on the property, but if they do, she would prefer a low profile house. 7R PLANNING COMMISSION MEETING MAY 4 1994 PAGE 20 Ms. Brady asked how the square footage was figured. She was told the lot was 60 feet x 146 feet, but from the shape this does not appear to be accurate. Ms. McPherson stated the area was calculated by the surveyor. The lot is a trapezoid so there is a mathematical formula for calculating the area. Ms. Brady stated she believed there was a question about the survey and asked, when the property was surveyed, did they take into consideration that the street has moved since putting in the dike. Ms. McPherson stated that this has been taken into consideration. Ms. Brady stated she is concerned about getting in and out of her garage. She is concerned about the water coming off this property. It will also affect other properties as well. She asked if the proposed garage is a two-car garage and the type of home to be built. Ms. McPherson stated yes, the code requires a minimum two-car garage. Mr. Hedlund stated the house would be a split entry design. Ms. Brady stated she has the same concerns with this property as with the previous property. Mr. Kondrick stated there is concern about the water run off and how this will be managed as it relates to the property to the adjoining properties. As the water leaves the subject property, then what obligation have do we have? Ms. Dacy stated the City tries to, with any street improvement or any drainage improvement, control drainage with the public right- of-way. It is typically held by state law and local code that every lot should handle its own water and should not adversely affect other properties. Staff is trying to make sure that the run off from the abutting properties drains down to the street and to the catch basin. What staff is hearing from the testimony is that the water does pond from time to time and Ms. Brady's concern is that the elevations in the right-of-way are such that the water ends up in her front yard. Staff will need to evaluate that. Mr. Oquist stated this is proposed and the plan could change. The City does not know exactly where the driveway will be at this point. This must be monitored. 7S PLANNING COMMISSION MEETING MAY 4, 1994 PAGE 21 Ms. Brady stated the retaining wall appears to run the length of the property on the south side. What happens to the water run off in that area? Ms. McPherson stated the retaining wall does not go all the way to the end of the lot. The surveyor has acknowledged that water from the adjacent property would need to flow across this particular parcel to leave the area due to the current grades. The surveyor is tieing back into the natural contours by not extending the retaining wall all the way to the lot line. Ms. Brady stated, to her knowledge, the water travels south. If the ground is built up more, there will be more water coming down there. Ms. McPherson stated this is where the drainage swale would need to handle the water. The natural slope of the lot provides some natural drainage. Ms. Brady stated she would prefer to have an engineer involved rather than a surveyor. The water run off is a problem in that area, and the sewer system is a big problem in that area also. Mr. M. E. Thompson stated he thinks this makes no sense. Neighboring properties have water on their property much of the year. He thinks this will make the problem worse. Mr. Tim Lott stated his concerns are the drainage swales on the east side. In looking at the flow, there are trees along that border and there is a stipulation about the preservation of trees. There are trees along the border and trees where the house is planned also. When Iooking at the terrain of the area, he sees a house there, additional run off and the trees gone. The house elevation is at least four feet higher than the street. The proposed driveway is on a narrow street. He cannot see a reason for having a house there, let along trying to place it on a lot that is very small. Sewer back up is already a problem and he sees more potential problems with the raising of the road. The problem he has is that the City is looking at putting in houses that are dramatically higher. He sees an impact to the people living there. It looks like a bad situation for the size of the house and the effect on the people who live around it. Mr. Peterson stated this is the entrance to the area. This is a beautifully wooded area and the.builder faces a dilemma. This area could be a beautifully done development. He is sure the builder is using his skills and talents to cope with the situation. Every day he passes the property. It is a charming area and a very rural looking area. The present use of the property provides a park-like atmosphere. The City has a choice. The present use can continue or something can be built there that will add character and value to the neighborhood. 7T PLANNING COMMISSION MEETING MAY 4 1994 PAGE 22 This is an area where the HRA could get involved to develop that peninsula and increase the value of each of the homes by putting four to six homes in that area, and by doing so comprehensively would eliminate the problems generated by piece meal growth. Ms. Brady felt the builder was fighting too many natural elements with this lot. MOTION by Mr. Saba, seconded by Ms. Savage, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED AND THE POBLIC HEARING CLOSED AT 9:32 P.M. Mr. Saba stated, once again, there is a critical question about the drainage that must be answered. The sanitary sewer question is another question that must also be addressed regardless of what happens to this property or any other property. He felt a nice home could be built on the property, but the drainage question must be answered. Mr. Oquist agreed. The drainage needs to be addressed. This lot may have more of a problem with the drainage with the proposed driveway and its slope which could put a lot of water into the street. Mr. Kondrick stated, if the water concerns can be addressed, he would agree. Mr. Oquist stated another point was made regarding comprehensive planning in the area and making sure the homes built are consistent with the rest of the homes. MOTION by Mr. Oquist, seconded by Mr. Saba, to table consideration of Special Use Permit, SP #94-03, to allow construction in the CRP-2 District (Flood Fringe) on Lots 12 and 13, Block Y, Riverview Heights, until submission of a drainage and erosion control plan designed, signed, and stamped by a registered civil engineer; and until such time staff provide additional information on the storm sewer and sanitary sewer systems. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED UNANIMOUSLY. 5. PUBLIC HEARING: CONSIDERATIOI�I OF A SPECIAL USE PERMIT SP �94-04, BY GORDON HEDLUND: Per Section 205.24.4.D and 205.24.5.A of the Fridley City Code, to allow construction in the CRP-2 District (Flood Fringe) on Lots 29, 30, and 31, Block X, Riverview Heights, 7� PLANNING COMMISSION MEETING MAY 4 1994 PAGE 23 generally located on the south side of Cheryl Street west of Broad Avenue. MOTION by Ms. Savage, seconded by Mr. Saba, to waive the reading of the public hearing notice and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 9:35 P.M. Ms. McPherson stated this property is a vacant lot located at the intersection of Cheryl Street and Broad Avenue. It meets the minimum lot area and lot width requirements and also the setback requirements. The current drainage is such that the drainage flows from south to north towards Cheryl Street where most of the run off is caught by the catch basin located at the northwest corner of the parcel. Once it enters the catch basin, it enters a pipe which flows to Springbrook Creek. It appears that a portion of the water remains on the parcel in both the southwest and southeast corners. Water from the parcel to the west also flows onto the subject parcel. Water from the development would be instead directed to the west and south 1ot lines. In order to continue the natural drainage pattern the water needs to.again go north. Staff is requesting that well defined drainage swales be located along the west and south property lines. The petitioner is proposing a small retaining wall along the south property line; however, there does not appear to be adequate slope to direct the water out of the southwest corner and towards the northwest corner of the property. It is possible that a pipe of some sort may be needed and that the swale may not adequately address the drainage in this situation. Again, a registered civil engineer would be able to determine if the swale would be adequate. Staff are requesting that a drainage plan be submitted by a registered civil engineer and an erosion control plan be provided. Again, the remaining issues are similar. The hold harmless agreement is required, saving as many of the mature trees as possible, and combining the properties into one PIN. Ms. McPherson stated staff is requesting the Planning Commission conduct the public hearing but table any action on the request until receipt of the necessary information. Mr. Oquist asked to clarify that the pipe was underground and that there would need to be a storm sewer connection at the south corner. Ms. McPherson stated this was correct. 7� PLANNING COMMISSION MEETING MAY 4 1994 PAGE 24 Mr. Hedlund stated he thought the drainage was adequate. The surveyor knows what he is doing when he states this will work without the pipe. Mr. Clark Nason asked staff to clarify the elevations. If the home is built as he thinks, the foundation will be two feet above his current ceiling height. Ms. McPherson stated the elevation on Cheryl Street at the driveway is 817 feet. The top block of the foundation is to be at 823.9 which would be a difference of almost seven feet. It looks like the ground level at the �ouse next door is at 818 at the north corner and 817 feet at the south corner of the garage. Mr. Nason stated he sees no reason for this and to make others suffer. The laws were changed in 1976. He has lived there since 1966. Things change and nothing is done. The sewer system is terrible. He has had numerous times that the sewer has backed up into his basement, he has lost a lot of money, and the City has done nothing about it. He is opposed to adding homes until something is done about the sewer system. When the pumping station goes out, it's an act of God. When his basement is flooded, it's an act of God but it comes through the City sewer system. Mr. Nason stated the run off is now coming downhill towards his home where.it.used to go to the river. The streets were gravel, but are now blacktop. They built everything up because of the manmade dike. With the additional building, where will all the water go? He is not tearing anyone down for building, but he does not want to look out his kitchen window at ground and someone building seven feet above him. Ms. Brady stated she has the same concerns with this request as with the previous two requests - sewer problems, water run off, etc. She is not anti-building either in appropriate places and at appropriate times. Here you have a much bigger lot and the size of the house would be more appropriate. The height is a problem. She did not know if there was a plan for the neighborhood. The neighbors need to be asked what we want for our neighborhood. More should be put into helping the people fix up their homes and make the homes worth more. This is not helping. The direction should be put into helping the people that are already living there rather than compounding the problem. Mr. Peterson stated he is concerned about aesthetics. If the buildings are two story and a high elevation, it is not right. This should be limited to a one-story house with a low roof to have less impact on the other property owners. Because of changes in the laws, it ruins it for the rest of the people. �� PLANNING COMMISSION MEETING MAY 4 1994 PAGE 25 Saying you cannot regulate the height is not good enough. This impacts the neighbors who will have to look at this every day. Mr. M. E. Thompson referred to preserving the trees. If the lot is filled with four feet of dirt, all the trees will die. Ms. Brady asked how many vacant lots were in that area. Ms. McPherson stated the City has an inventory but she could not say how many parcels were in that area. Ms. Diane Lott wondered if the City could come up with a plan for these properties that would be good for the whole neighborhood. MOTION by Mr. Saba, seconded by Mr. Oquist, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPE1230N RONDRICR DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING CLOSED AT 9:50 P.M. Mr. Saba stated about two years ago the City was not as concerned about what was defined as a flood fringe area because there were no floods. Because of some of the concerns expressed tonight, perhaps the City should be concerned about the flood fringe area. The most the City can do is protect what is there. The vacant lots will be developed and there will probably be homes built on those lots. Concerns about drainage are very valid concerns that should be addressed before recommending approval or disapproval of the requests. The sanitary sewer problems must be addressed whether properties are developed or not. Mr. Saba stated he would like to see the trees stay as they are but, if someone wants to develop the property, the City must stay in the confines of the federal, state and local regulations in terms of building in a flood fringe area. The elevation is up to the builder and the person who buys the land. If a builder builds a house that stands out, this will limit the market. On all these properties, there must be a good definition of the drainage and he recommends this be done by a certified engineer. He would recommend to table consideration. Mr. Oquist agreed. Along with the drainage and sewer, is there a Comprehensive Plan for the area and is the Commission being consistent with th�t in the kind of housing that is being built there. Ms. Savage stated this is certainly something that can be discussed but the Commission does not have that inPormatian. The concerns expressed will be on record and the neighbors will have further opportunity to express their concerns to the City Council. 7� PLANNING COMMISSION MEETING MAY 4 1994 PAGE 26 MOTION by Mr. Oquist, seconded by Ms. Savage, to table consideration of Special Use Permit, SP #94-04, to allow construction in the CRP-2 District (Flood Fringe) on Lots 29, 30 and 31, Block X, Riverview Heights, until submission of a drainage and erosion control plan designed, signed, and stamped by a registered civil engineer; and until such time staff provide additional information on the storm sewer and sanitary sewer systems. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. McPherson stated staff will work with the petitioner to gather the requested information regarding the drainage plans, the sewer back-ups, the street elevations, etc. Once that information is put together, a meeting date will be set, and the City will re-notify all persons who received notices the first time. Notices will be sent approximately 10 days prior to the meeting. Mr. Oquist stated, until there is a true site plan, it is going to be difficult to truly identify the drainage. 6. RECEIVE THE MINUTES OF THE HOUSING & REDEVELOPMENT AUTHORITY MEETING OF APRIL 7, 1994 MOTION by Mr. Saba, seconded by Ms. Savage, to receive the April 7, 1994, Housing & Redevelopment Authority minutes as written. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED UNANIMOIISLY. ADJOURNMENT: MOTION by Mr. Saba, seconded by Mr. Oquist, to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED AND THE MAY 4, 1994, PLANNiNv COMMISSION MEETING ADJOURNED AT 10:03 P.M. Respectfully submitted, Lavonn Cooper Recording Secretary 7Y r � � . DATE: TO: FROM: SUBJECT: Community Development Department PLa�N� DrviSION City of Fridley May 12, 1994 William Burns, City Manager � Barbara Dacy, Community Development Director Micheie McPherson, Planning Assistant Establish Public Hearing Regarding Zoning Text Amendment, ZTA #94-01, to Allow Seasonal Outdoor Food Sales The Planning Commission conducted a public hearing regarding amending the C-2, General Business and C-3, General Shopping Center district regulations to permit seasonal outdoor food sales as accessory and special uses at its May 4, 1994 meeting. The zoning ordinance also requires that the City Council conduct a public hearing for all zoning text amendments. Staff recommends that the City Council establish June 6, 1994 as the date of the public hearing. MM/dn M-94-257 � _ � . DATE: TO: FROM: SUBJECT: Community Development Department PLANI�TING DIVISION City of Fridley May 12, 1994 William Burns, City Manager � Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Resolution Approving Plat Request, P.S. #94-02, by Fridley Business Center Partnership, for Northco Business Park 5th Addition The City Council conducted a public hearing regarding the Northco plat request on April 18, 1994. The request is for property generally located at 500 - 73rd Avenue N.E. Located on the property is the Kwik File manufacturing building and the former Carter Day research and development facility. In conjunction with Northco Business Park Sth Addition, Dayton- Hudson Corporation is also platting its property to the east. They are purchasing Outlot A, Northco Business Park 5th Addition and Lot l, Block 1, Northco 4th Addition. Target has not prepared its final plat due to discovering a mortgage on a portion of its property. The mortgage holder, Equitable Insurance, refused to sign the final plat. Dayton-Hudson is intending to pay the remaining amount on the mortgage; however, the mortgager will not accept payment until May 18, 1994. Northco requests that the City Council approve the plat at its May 16, 1994 meeting so that it may close the sale with Target for Outlot A, Northco Business Park 5th Addition and Lot 1, Block l, Northco 4th Addition on May 18, 1994. Staff is concerned regarding the status of outlot A should the sale with Target not occur. If the plat is approved and if the sale does not occur, Outlot A would become a landlocked parcel. As a contingency, Northco has agreed to the following additional stipulation: 6. Outlot A, Northco Business Park 5th Addition shall be replatted with Lot 1, Block l, Northco Business Park 5th Addition or Lot 1, Block 1, Northco Business Park 4th Addition if Outlot A is not purchased by Dayton-Hudson Corporation, the adjacent property owner. Northco Business Park 5th Addition May 12, 1994 Page 2 This contingency will insure that outlot A will have street frontage, either from 73rd Avenue or Northco Drive. Recommendation Staff recommends that the City Council approve the attached resolution approving the plat for Northco Business Park 5th Addition with the following stipulations: 1. Access from 73rd Avenue shall be limited to one driveway on Lot 2, Block 1, Northco 4th Addition. 2. A joint driveway easement shall be executed between Fridley Business Center Partnership and Dayton Hudson regarding the easterly driveway located on Lot 2, Block 1, Northco 4th Addition. 3. The 100 foot vegetative buffer adjacent to 73rd Avenue shall be maintained. 4. An open air easement shall be executed and recorded against Lot 1, Block l, Northco 5th Addition between Fridley Business Center Partnership and Dayton Hudson. This open air easement shall prevent construction of any structures within the 25 foot easement. 5. Park fees shall be paid at time of building permit issuance. 6. Outlot A shall be replatted with either Lot 1, Block 1, Northco Business Park 5th Addition or Lot 1, Block l, Northco Business Park 4th Addition if Outlot A is not purchased by Dayton-Hudson Corporation, the adjacent property owner. MM/dn M-94-255 � �� RESOLUTION NO. - 1994 A RESOLUTION APPROVING PLAT, P.S. #94-02, NORTHCO BUSINESS PARK 5TH ADDITION WHEREAS, the Planning Commission held a public hearing on the Plat, P.S. #94-02, on March 23, 1994, and recommended approval with stipulations; and WHEREAS, the City Council also conducted a public hearing on the proposed Plat at their April 18, 1994 Council meeting and approved the Plat at their meeting; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley hereby approves the Plat, P.S. #94-02, Northco Business Park 5th Addition, with stipulations attached as Exhibit A, and authorizes the Mayor and City Manager to sign the Plat as prepared by Sunde Land Surveying Inc. BE IT FURTHER RESOLVED that the petitioner is requested to record this Plat at Anoka County within six (6) months or said approval with become null and void. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1994. ATTEST: WILLIAM A. CHAMPA - CITY CLERK • . • � WILLIAM J. NEE - MAYOR Exhibit A Resolution No. - 1994 Page 2 l. Access from 73rd Avenue shall be limited to one driveway on Lot 2, Block 1, Northco 4th Addition. 2. A joint driveway easement shall be executed between Fridley Business Center Partnership and Dayton Hudson regarding the easterly driveway located on Lot 2, Block l, Northco 4th Addition. 3. The 100 foot vegetative buffer adjacent to 73rd Avenue shall be maintained. 4. An open air easement shall be executed and recorded against Lot 1, Block 1, Northco 5th Addition between Fridley Business Center Partnership and Dayton Hudson. This open air easement shall prevent constructian of any structures within the 25 foot easement. 5. Park fees shall be paid at time of building permit issuance. 6. Outlot A shall be replatted with either. 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K �l' v'.� k . �"c' j't� ` '�$�. \`� �'S.:S: `"�: A- �� ; '� ` ,(.,^ �'.r `:S,, :-:. �� f.' . \ \ i>`.�`f,;y.� � •��'S , 1 8E � Ci � -- -_ `� _ v' -� 2 ;` � �•' �: 4i � � 4 � r 1: � I �i i: � c, I s,:, y 1: h: i I �i 4� .•' f " � 1.. �L -� � -- `• - � � 2 ��, ��. z, � ,�: ,� � .� s � ��-�--� � S ��i � �� i � i i i i r� �� AI � City of Fridley � Recreation & Natural Resource Department 6431 University Avenue NE, Fridley, Minnesota 55432 Phone # 612-572-3570 Fax # 612-571-1287 DATE: TO: FROM: SUBJECT: May 12, 1994 Wiliiam Burns, City Manager �' Jack Kirk, Recreation & Natural Resources Dir. Scott Erickson, Assistant Public Works Director Michele McPherson, Planning Assistant Resolution Supporting the Mississippi River Regional Trail Master Plan The Anoka County Parks Department in conjunction with its consultant, Pioneer Engineering, is deve2oping the Mississippi River Regional Trail Master Plan. The development of the Trail Master Plan is required by the Metropolitan Council in order to use an $85,000 grant from the Legislative Commission on Minnesota Resources. The Mississippi River regional trail begins at the Fridley/Coon Rapids border and extends south to the Islands of Peace (see attached map). The Anoka County Parks Department conducted three neighborhood meetings along the three segments of the regional trail. The neighborhood meetings were conducted to gather public input. Attached is a summary of the public meetings and a request by Anoka County for approval from the City of Fridley for the trail master plan. _ Staff has prepared a resolution which supports the master plan concept. Staff recommends that the City Council approve the resolution supporting the trail master plan. MM/dn M-94-254 � RESOLUTION NO. - 1994 RESOLUTION SUPPORTING THE ANORA COUNTY MISSISSIPPI REGIONAL TRAIL MASTER PLAN WHEREAS, the Anoka County Parks Department received a grant to construct a trail along the Mississippi River; and WHEREAS, a portion of the trail is located in Fridley; and WHEREAS, Anoka County Parks conducted a series of neighborhood meetings to gather information; and WHEREAS, the Regional Trail is consistent with the City of Fridley's bikeway plan. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Fridley hereby support the.Mississippi River Regional Trail Master Plan. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1994. ATTEST: WILLIAM A. CHAMPA - CITY CLERK • � WILLIAM J. NEE - MAYOR MISSISSIPPI RIVER REGION�L TRAIL SUMMARY OF PUBLIC MEETINGS AND. REQUEST FOR APPROVAL BACKGROUND In 1993, the Anoka County Parks Department received approval for a$85,Q00 grant from the Metropolitan Council to use Legislative Commission on Minnesota Resources funds to develop the Mississippi River Regional Trail from Coon Rapids Dam Regional Park to the Islands of Peace Park within the Cities of Coon Rapids and Fridley. This grant is contingent upon the submission and approval by the Metropolitan Council of a master plan for the trail. The Council has established guidelines for the development of the master plan which includes providing opportunities for the surrounding neighborhoods to comment on the proposed trail via neighborhood meetings and through hearings with the governing municipal bodies. At this point, the Anoka County Parks Department would like to submit to the Fridley City Staff and City Council the concept plan of the proposed trail (see enclose� graphics), and a summary of the comments and concerns made at neighborhood meetings regarding the routing of the Mississippi River Regional Trail through the City of Fridley. The trail was divided into three segments: south, central, and north. One neighborhood meeting has been held for each trail segment. With the information presented within this summary, input generated by City Staff, and additional input received by the City Staff and City Council, Anoka County Parks is requesting that the resolution presented before it be approved giving support to the Mississippi River Regional �rail. Action taken by the Fridley City Council will be recorded and submitted within the master plan to the Metropolitan Council. The Council has asked that the master pian be submitted by 30 June 1994. A SUMMARY OF COMMENTS MADE AT THE NEIGHBORHOOD MEETINGS: SOUTH SEGMENT MEETING 3/30/94 The south segment addressed the proposed trail from Islands of Peace Park to Rice Creek. Three residents attended this meeting addressing concerns of the south trail segment. The following suggestions and concerns were discussed: * Mileposts should be installed alonq the trail to aid users in estimating the distance traveled. �� . L _. Response: Anoka County is familiar with the popularity of this feature as it exists on other trails and will investigate the use of mileposts on the Mississippi River Trail. * Lane striping should be installed along the trail to delineate lanes on the trail. Response: Anoka County intends to strip the two lanes on the off-street segments of the trail with green paint to delineate counterflow lanes. * Maps of the trail system should be placed periodically along the trail. Response: Trail signs are a valuable tool in guiding people through a trail system, but are frequently damaged or destroyed by vandals. It is hoped that directional signs with the trail logo at intersections and other points of confusion will assist trail users in navigation. : * Signage should be placed at regular intervals along the trail. Response: As stated above, directional trail signs will be placed at intersections and other points of confusion. On extended segments of the on-street trail where no apparent route deviations are present, signs will be spaced no more than 1000 feet apart. * The trails should have a speed limit. Response: The proposed off-street trail will serve pedestrians, runners, bicyclists, and other non-motorized trail users. Conflicts may occur between different users and signage should remind users that different modes-of use may occur on the trail. Signs showing graphic images of pedestrians and bicyclists would accomplish this. Additionally, signs warning bicyclists of sharp curves, numerous driveways, pedestrian crossings, and other hazards will be erected on the trail. Where the trail uses existing public streets, speed limits should be reviewed due to the additional potential for conflicts with vehicular traffic. People attending the meetings were advised that if a change in the vehicle speed limit were desired on the affected streets that a petition should be submitted to the City of Fridley requesting that action. CENTRAL SEGMENT MEETING 4/19/94 This segment includes the segment of the trail that will follow the east side of East River Road as an off-street trail to be constructed as part of the East River Road Reconstruction Project. This segment covered the area from Rice Creek to Osborne Road. This trail was requested by the City of Fridley, which is 9C responsible for the layout of the trail in conjunction with the Anoka County Highway Department. The proposed Regional Trail will follow the East River Road corridor as it is completed. Three East River Road homeowners attended this meeting and had the following concerns regarding potential impacts to their property: * Loss of private driveway turnarounds due to East River Road expansion and trail construction. Response: Where possible, turnarounds would be reconstructed to provide room to enter East River Road traffic in a forward manner as shown within the construction drawings prepared by the Anoka County Highway Department. * Potential conflicts may occur between homeowners backing out of their driveways and trail users. Response: Signs alerting trail users to driveway crossings and potential congestion shall be erected. Homeowners will need to take additional care in entering and leaving their driveways as other homeowners with sidewalks located in a fronting right-of-way must do when crossing sidewalks as they leave their property. * Concerns were expressed regarding potential vandalism from trail users that would damage mailboYes, car headlights, and other property. Response: Vandalism is a pervasive problem in all communities: Solutions to a community-wide problem such as vandalism require broader approaches than the trail can provide, such as community education programs and the utilization of neighborhood watch groups. � The trail will not increase opportunity for concealment, since shrubs will not be installed as part of the Mississippi River Trail funding. In some instances, the increased pedestrian traffic from trail usage may act as a deterrent to property crime. The trail should be considered to be an enhancement of neighborhood living and not as an opportunity for additional crime. * Concerns were expressed that the East River Road Reconstruction and trail plan had changed since the plan was last presented at a public meeting. Response: The City stated that affected residents have been informed of changes in the construction plans with the exc.eption of minor revisions. * Questions were raised as to whether alternate routes were studied prior to determining this trail route. • , Response: The East River Road routing was selected by the City of Fridley during the development of the City's bikeway system plan. Alternate routes were considered: Burlington Northern Railroad: There is not enough available room to accommodate a trail either within the BN right-of-way, or on adjacent public lands north of Mississippi Street. This alternate would require the taking of private residential land. West side of East River Road: The location of drainage ditches, retaining walls, and stoplights to cross River Road precluded the location of the trail on the west side of the highway. It is anticipated that neighborhoods to the east, in which the majority of Fridley residents live, will significantly use the trail and would have direct access if located on the east side of East River Road. The residential streets west of East River Road: No continuous route is available along the local streets west of East River Road. A trail here would require extensive property acquisition and bridge construction across several ravines. The street network at best can be described as a series of discontinuous loops that would bring trail traffic back onto East River Road at frequent intervals. Several of these streets are dead end streets that would not afford any opportunity to connect with adjacent streets to provide continuous routing of the trail. NORTH SEGMENT MEETING 3/30/94 The issue that generated the most discussion among the twelve people attending was the location of the trail along Riverview Terrace, as an on-street or off-street trail. * Concern was expressed by a number of residents about the location of the trail between the current Riverview Terrace roadway and the bank of the Mississippi River. Factors generating the concern were the potential loss of greenspace, the potential loss of significant trees, the inability of the space to accommodate an eight-foot trail, and the potential additional refuse and leavings that would be generated by trail users. Response: When discussion addressed the issue of losing greenspace versus accommodating the trail as on-street trail on the existing Riverview Terrace, opinions that were expressed that favored the placement of the trail on the existing street. Factors such as street width and traffic volumes were addressed and the consensus favored an on-street trail. In response to the public input, Anoka County intends to use the existing Riverview Terrace roadway as part of the 9E Mississippi River Regional Trail. * Several features of the trail design were requested: * Bicyclist extensions of the pedestrian actuator buttons at signalized intersections; * non-diagonal handicapped access ramps at curb and guttered intersections (i.e. ramps that align with the axis of the crosswalk); * speed bumps on streets; * and additional landscaping (wildflowers, sumac, coniferous trees). Response: Anoka County Parks intends to coordinate with the Anoka County Highway Department regarding the installation of bicyclist extensions of the pedestrian actuator buttons. Existing and proposed access ramps will be reviewed and determinations of crosswalk and ramp placement shall be coordinated with the Anoka County Highway Department with regard to the East River Road Reconstruction Project. Speed bumps within the street would be an issue that should be discussed with the City Public Works Department. The neighborhood should submit a petition requesting the speed bumps to the City for approval if neighborhood support exists . Since most of the corridor is proposed to follow existing streets and very little of the trail corridor would exist on Anoka County Park land, the Parks Department does not have the jurisdiction to install landscape materials virtually the entire corridor. * Some residents expressed a desire for a sidewalk or off-street trail along Alden Way, regardless of the existence of the Mississippi River Regional Trail. Response: The construction of a sidewalk may involve the acquisition of private land and would certainly impact existing landscape plantings and driveways along Alden Way. Anoka County felt that pursuing an off-street trail was too costly and difficult for these reasons. Traffic volumes along Alden Way do not warrant an off-street trail at this time. However, if the neighborhood still wanted to submit a petition to the City requesting the construction of a sidewalk along Alden Way it was stated that the City would consider a sidewalk if the neighborhood supported construction of it. * A concern was expressed that the location of the bikeway on the existing streets may have future implications for widening the pavement. Response: Locating the� �eway on existing streets has no current implications for �aidening the pavement. The bikeway would meet Anoka County, City of Friclley, arici Metropolitan Council standards. However, if the streets should qualify for Minnesota State Aid funding for future reconstruction, widening may be necessary. It should be noted that conversations with the State Aid Engineer, Mary Bieringer, have indicated that the City streets in question are very unlikely to receive State Aid funds for future reconstruction. * The use of expressed as he felt that be stopped. , public money to fund the maintenance of the trail was a concern by one resident. This person indicated that spending on new projects such as the trail needed to Response: Anoka County would be responsible for future maintenance of the off-street trail portion of the Mississippi River Trail. City of Fridley funds would not be used to construct or maintain the trail. Where the trail follows an on-street location, City maintenance would continue as it has since there would be no physical changes to public streets. The additional County expense of maintenance would involve one trip by a County trail sweeper to brush snow off the trail during the winter and any future pavement repair that may be necessary. The minimal expense involved in trail maintenance would certainly be compensated by the use and enjoyment of a public trail linking the public parks along the Mississippi River. * Some residents expressed a desire for the trail as providing a safer, designated route for children to travel to school and recreation sites. * Concern was expressed about the speed at which vehicles turn from Riverview Terrace onto Fairmount Street. Response: If it is determined that condition exists, the City Public Works review the intersection and determine if controls are warranted. 9G an unsafe traffic department should additional traffic �� .•. „ � :. , . � .. , :. . f0 �fYO AO KvLD � � � � � \ � � � O,o K/10 MISSlSSlPPI RIVER REGIONAL TRAIL yr, �•woca+�y MASTER PLAN TYPICAL SECTIONS ��h� DtpartmtntofPar�sd'Rpcnatian Eng�reenng Sewer Y;:3:er f�r'k5 St�ce�; �v e n;er�ncc ME MORANDTJM TO: Wiliiam W. Burns, City Manager j�� PW94154 '4 FROM: John G. Flora,�Public Works Director DATE: May 16, 1994 SUBJECT: Central Avenue Bike Path The attached three resolutions are submiited to initiate the Central Avenue Bike Path Project No. ST. 1994-9. The first resolution orders the preliminary plans. The second resolution orders the final plans, and the third resolution authorizes advertisement for bids. It is proposed that the bike path will be located on the west side of Central Avenue from 69th to Highway 65. The bike path will be constructed within the County's right-of-way and no assessments are planned for the improvement. Recommend Council adopt the resolutions ordering the preliminary plans, final plans and authorizing advertisement for bids for the Central Avenue Bike Path Project No. ST. 1994-9. JGF:cz Attachments �� a� RE90LUPI�1 I�U. - 1994 • �.: • � r, • � �.��• � . :� � �� • •♦ � � • a �� • •� ti • u � � r• :r. • i- •�� i�• �� • �+�+ . . y� ,�- ..,� a • Ia7W, TF�+ORE, BE IT RF.80LVED THI�T, the City CoLUZCil of the City of Fridley, Anoka County, Minnesota as follcyws: 1. That it appears in the interests of the City and of the property awners affected that there be construct.ed certain improvements to-wit: Street im�rovements, including grading, stabilized base, hot mix bittuninous mat, concrete curb and gutter, sidewalks, bik�e path, storm sewer system, water and sewer services, landscaping, and othex facilities located as follaws: Construction Central Avenue Bikeway/Walkway fr�n 69th Avenue south to Highway 65 That the work irivolved in said improvements listed �Uove shall hereafter be designated as: CEI�l2AL AVENIJE BIi� PATH PI�T�GT AU. ST. 1994 - 9 2. Z�at the Public Works Director, John G. Flora, City Hall, Fridley, N�1, is hereby authorized and direct.ed to draw the preliminary plans arid specifications and to tabulate the results of his estimates of the costs of said im�ravements, including every item of oost frarn inception to �letion and all fees and ea�penses incurred (or to be incurred) in connection therewith, or the financing thereof, and to make a prel�minary report of his findi.rigs stating therein whether said i�rovements are feasible and whether they can best be made as prapa�, or in connection with same other i�rovetnents (and the estimated cost as recommiended) , includirig also a description of the lands or area as may rec:eive benefits therefrom and as may be proposed to be assessed. 3. That said preliminary report of the Public Works Director shall be furnished to the City Council. PASSID ADID ADOPI�D BY TI� CITY QOUNCIL OF R� CITX OF FRIDI�Y Ti�S 16TH I�AY OF MAY, 1994. ATTFST: WILLIAM A. C��AMPA - CITY CI�RK WILLIAM J. NEE - MAYOR 10A _J ° U �' o � Z I ��t� UL11 3 I/2 AYF +I,��, c� "' � a`�J LJ 73�d (� 7 W U a w x . ,�.i� �• _ � 3 � .a�,1��,��,., 7��d q�E g c�,N�= w > ORTON q,�E. Locke ;,v;-rS �•r� ..�iV:'1.:'.;:`�J`�.:��:�. Park Bidg. �.� .. � .;l.,.�',r�' •'),. Jr'•" �� } • :i� ■ .. , �. : 3: '•a :� .. ).! �•�'�.��, ,�r� � L• {,` �y � �':';:::i'.r: �� .}' -. ' �, �1j%.j� �^♦'��1�F�` ;lt'`!'`�_ ' 1�. .. . '.,..,I'✓� .��`'> J.., '�• .�-' � .' t-:l• �',�; � ��` �' .� :�'^ �=�. '`•`^�,?'"`! ..��i cil'.�, '..i ; .r . `.J;.. �� ,. ,:�;�� t �� ''CREEIC`�� Jv a:1 u .. ,;,•-.1.`�: �v y � PANDORA Y �'.3�� 'v � �, � �-��` �� <�- �,�. OvERTOWN p� Y � 6e �• KENNASTpy �p �h c � � 68tA AVE. . �� ct."'L � � O � ?��' � � c r`:.rL v� � f.: + 'AVE• rl � y ��i. AVE. c _O��R . �� a CLOVER � �� a��W � N.E. Mayes � �.+ '�eedowiand5; � > E eme�tary PL. 66th �:::,: ,. J+ Y � O .� a � O m oBENNET� �R. O ~ O tn J � � � N o r x 64 th AVE.�a- � U � y � p 2 2 -� z Z 3 u�. f o � � W � �~>;: }��.',1_� AVE. N. E. m m x �=:1-:y- ` a . , ;'• z Q m .?.�:; , : . �,._ ? �.��` .� :~..'r �7 � �,}')ti�'�?.:-: � L LA DR. . �, b. „` y:' ^. � a' _n �v � .. .� �..1: : • � �. -� _ : -. . .�:r:a 5��.;.d O �,17� t Phi1hP�5 l ,. " }�;,'� � =�� " 65 •.:-�� AZ/F 2 N.E. � � - , __.,:. ,a� -.•:es, ;,.`h;. :n�` � .�,:,�, �� f �.t_ F- ��";7 Scn�•o� Rl ' . N.E. � CHqy ((r _..... �u�6 f� �nurc Q U U � J a � 6 o � J`� a � 63 rd q� � OQ $ 17 �: F _ � • ,4-'� �HI 12 Moo�e LakE- �3 i/"L AVE z = a v ti c � 4 35 •� .'��SiAH LUl H RA� or�tir� CHURCH > CORPORATION m T 30 N `� � I 2 I 7 :... ��24 W 13 I 18 R 23 W�. 1; \ E. � wl Fa 68th AV� E. N. ? �fiEE' �„JG � � r°:`� � �=;;.: c: �� I •�.P..<P;;:_ �� v~i H; �' � 66fh A N� y y r ? 66 th � CREEK Pp`�K Q ? �.P" F p 0 Y ST < Q 1�+. � � DA NA CT. � 64th AVE. N. E. � 7 O CAMEL OT `l' �, 6 RICE CREEK � �NMpR6 JWOODCSIOE CT. THER < KE�Y } gR1 � � RD U �R Y �•�� , c P' FERN �n cn � `� ��;�� Moor'e �,�:� I HiLICREST AVE. z � • ' �: z �• .'' "�'''. 60t h � AVE.N A• o �» p- "n p0-i F�0 �R. I�L�.�.t.� KRISTI� � Z";'�`o � Loke �r� o �°' fN4 cr; - a c7 S9t ��;E.; ;?Z rr� r� 3� C1R, �` ' 3 Q W j� ! ' Q 3 � « , i w:.'f�� 59th ,,�-�� q�t" GARDE�NA AVE. � Q �+- �.;M' ; GOID y� AVE. � F ;� . 3 -%.�- 7ER. � '� ",%'�,.i �"�� < AVE q � � z � :�., i�.i'�,..' t ath . ;�� . �F Q' Z Totino-Grace � '.�t �. �' f ��' G�"� �' W Niqh Sclioof � .,_,�.'�'• 'V��f�. . ( HELENE o F- i �:;;'w�.'.� ` P Q �'.i • •.J:'. rN PL. 57 AVE. N.E� �Y ,� ,� N BRIDGEWATE� ,,,,,,,,� , '<1Z4) / �`t 5 ) o� ` 0 w W> z � _� � � � 'RR > N, � � � 31 s --�� `m > � :� .�{ 11) RICE �R�'I I61st � _. �--� ..� _.-- _ � �_ �_AKE POlNiE pRIVE _ � � - -- _—`_ — jI�� —CHERI—�A = I t - i �-- ---- _ _ - �l .. � ��i � :Si+1i,.:��iJ .. � �: �-.. `Z` HA �' � ackmann C�! Q -i '.;•.�>�'•; : . -' � HATHAWAY N. �AN J'_�% ;��'`��:. LA. (i : ., .,�, .,,�•S F J . �:% IYNOE e p � t J i'j':'� -C v~i t~i� 1--� - �...r _... - OR. � REGIS � � � �„i„ i��sc„�„ ,, 26 'S � N � ROOK OR.� fly�<< a � � ~ � z � � � � � C �yi -� R f c 2 l". 1 (s. \ '%'p � `n w Q ---J 7. �\� \\ - . ,. , . �� ., ' w'.-'"i l �O � I 3 , � , � Z � � � = w �— -r- c� � � m W z I.WA�OECK CROSSI 2.BONNHOF JUNCT 3.W. BAVARIAN PA` 4.N.OBERLIN CIR. S.S.OBERLIN CIR. 6 E.OBERUN CIR 7.MEISTER RD. RE90LUTI�i 1�A. - 1994 I' �• 1 •; • as�:+# � � Y'1 • 51 1 1� r• y �1�i•� •.1 • I� ••��,�i• � � r• • t • I� :r. � 1• �. • ' •�-. 4 1:1i'J�• �I�i �1 1 ' '�' I '. • � • WI�REA3, Resolution No. - 1994 ordered the prel�mir,arv plans, specifications and estimates of the oosts thereof for the img�ravemerits in this project, and W�, a public hearing is not required for this project, and Wf�,s, the City Council has determined a need to construct the improvemPnts to maintain it in a safe condition and at a reasonable cost. NdW, T�EFORE, BE IT RE.90LVID TI�T, the City Council of the City of FYidley, Anoka County, Minne_sota, as follaws: 1. 'Ihat the follawirig i�ravements proposed by Cotuzcil Resolution - 1994 are hereby ondered to be effected ar�d ca�leted as soon as reasonably possible, to-wit: Street impravements including gradirig, stabilized base, hot mix bittmtinous mat, concrete curb and gutter, sidewalks, bike path, storm sewer system, water and sewer services, landscaping, and other facilities. 2. That the follawing i�rove�nent be incorporated in the 1994 street it�rovement piroj ect as: CE�RAL AVENUE BIRB P�iTH Pl�Q7EGT 1�. ST. 1994 - 9 3. That the work to be perfornied under this proj ect may be performed urider one or more contracts as may be deen►ed advisable upon receipt of bids. 4. That the Public Works Director, JQhn G. Flora, City Hall, F�idley, Minnesota, is hereby designated as the Engineer for this impravement. He shall prepare final plans and specifications for the making of such improveme.nts. PASSID ArID ADOPI� BY TI� CITY O�UNCIL OF TI� CITY OF FRIDI�Y THIS 16TH 1)AY OF MAY, 1994. r:vw�� WILLIAM A. Q�AMPA - CITY CI.�F2K WILI�IAM J. NEE - MAYOR 11 i�OLOTIaId I�U. - 1994 •�:• � •; ••��,�+• � � r•.••;� i:� • �� •�.•�• •• � ti • u .•�a�• � • � �•� ya i�+ • • : ��: «�, • • �+ i � : M�� • r• • •,• a • W�S, Resolution No. - 1994 ordered the preli.minary plans, specifications and estimates of the costs thereof for the improvements in this project, and WI�REAS, Resolution No. - 1994 received the prelrymir,�rv engineexing report and ordered the final plans and esti.mates of costs, and W�S, a public hearing is not required for this project. Nl7�FT, T�, B� IT R880LVED Tl�iT, the City Cauncil of the City of FYidley, Anoka County, Minnesota, as follaws: 1. That the follcywing i�rove�ents proposed by C�ncil Resolution No. - 1994 are hereby on�ered to be effected and campleted as soon as reasonably possible, to�ait: Street impravexn�ts, includ�rig grading, stabilized base, hot mix bit�nninous mat, concrete curb and gutter, sidewalks, bike path, storm sewer system, water and sewer services, landscapirig, and other facilities located as follaws: oonstruction Central Avenue Biksway/Walkway frcan 69th Avenue south to Highway 65 'I�at the work involved in said impravements as listed abwe shall hereafter be designed as: C�RAL AVENtJE BIRE P�i PROJEGT 1�U. ST. 1994 - 9 2. The plans and specifications prepared by the Public Works Department for such improvements and each of them pursuant to the Council resolutions heretofore adopted, a copy o� which plans and specifications are hereto attached and made a part thereof, are hereby ap��roved and shall be filed with City Clerk. The Public Works Direct:or shall aocordingly prepare and cause to be insezted in the official newspapPx adv for bids upon the making of such imprwements under such approved plans ar�d specifications. 'Ihe advertis�nent shall be published for three (3) weeks (at least 21 days), and shall specify the work to be done and will state the bids will be opened and considered in the Council c�ambers of the FridZey Municipal Center and that no bids will be considered unless sealed and filed with the Public Works Director and aco�panied by a cash deposit, bid bond, or certified check payable to the City for five percent (5%) of the amount of such bid. That the advertiseme.nt for bids for �R�1L AVENUE BIi� PATH PIiO�7ECT ND. ST. 1994 - 9 shall be substantially in the st.aridan�i form. PASSID A1�ID ADOPI'ID BY Zi� CITY DODNCIL OF 'II� CITY OF FRIDI�Y THIS 16TH DAY OF MAY, 1994. ATI'EST: WILLIAM A. C�iAMPA - CITY CiERK WILLIAM J. NEE - MAYOR 12 Enq�^eec ir. Sev.er i":a;Cr IiP��ks S<<cet; Ih'� nteno^cr ME M4RANDUM TO: William W. Burns, City Manager ,�� PW94153 FROM: John G. Flora,' Public Works Director DATE: May 16, 1994 SUBJECT: Kerry Lane Improvement The attached three resolutions are submitted to initiate the Kerry Lane Improvement Project No. ST. 1994-12. The first resolution authorizes the preliminary plans, the second resolution orders the final plans and the third resolution authorizes advertisement of bids for the Kerry Lane improvement. No assessments are associated with this project. The project includes the removal of the existing concrete material and replacing it with concrete curb and gutter and asphalt surfacing. Recommend the Council adopt the resolutions authorizing the preliminary plans, ordering the final plans and authorize advertisement of bids for the Kerry Lane Improvement Project No. ST. 1994-12. JGF:cz Attachments 13 �� aa RESOLUTIO�T 1�U. - 1994 -� � • • � �• •• � •;+1 � �� r� • • ti •� r v •1 ti • i� I /• � � .I' •�ti Y.I�f' �• ' 't�{• ' 1' •i�Ni ti •1f • •. • � � Naw, Tf�ORE, BE IT RE90LOED TfII�T, the City Council of the City of Fridley, Anoka County, Minnesota as follaws: l. 'I�at it appears in the interests of the City and of the property o�mers affected that there be constructed certain im�ravements to wit: Street i�ravements, including gradi.ng, stabilized base, hot mix bitlnninous mat, concrete curb and gutter, sidewalks, storm sewer system, land�scaPincl, and other facilities located as follaws: Reconstruction Kerry Lane Between Rice Creek Road and Ben Moore Drive That the work irrvolved in said improvements listed above shall hereafter be designated as: i�2Y 7�iNL @i P�TE(:T I�U. ST. 1994 - 12 2. 'Ihat the Public Works Direct.or, John G. Flora, City Hall, Fridley, N�T, is hereby authorized and directed to draw the preliminazy plans and specifications and to tabulate the results of his �stimates of the aosts of said impravements, including every item of cost frcan ii�eption to coatq�letion and all fees ar�d expenses incurred (or to be incurred) in connec.-tion therewith, or the financi.ng thereof, and to make a preliminary report of his findings statirig there.in whether said irnprovements are feasible and whether they can best be made as proposed, or in connection with some other im�rave.merits (and the estimated cost as recanunerided) , including also a description of the land.s or area as may receive benefits therefrom and as may be proposed to be assessed. 3. 'I'hat said preliminary report of the Public Works Director shall be furnished to the City Council. PASSID AND ADOPI�D BY TI� CITY Q�iAaCIL OF � CITY OF FItIDLEY TfIIS 16TH DAY OF MAY, 1994. AZTEST : WILLIAM A. CHAMPA - CITY CI�RK WILLIAM J. NEE - MAYOR 13A ti � � . f DELLWOOD DR � f.. . � �,,, W O` :� �Jf.ilqO,QE. � � LA�C"�'.� . , ' m i. = v . � / a T � � �. � F ,. _ � _ � D, i.l! � �) � - _ . °� _ - �'LF _ ^� ..`� -� �czH�,q ' D� - /�5':T Ai Of , �: �:� rn �� - . <' `= r '�� - _ � _ �: t � t _ _ a1 �Q.4.__ ��.. � SPIERCE ST. � U. y� �"�° '- o ,.,. ,�..�y ,, � � 9�, 2,- :�: ns • � Q j �c �2..� _O,�''�`o5-a.;^;�',+�.'=i�}:�Fa,�� C'" 1 . ; �. ' _� � J • � a� 1- :�,' ,. ;. � ;, ; _ , .. ,�, � � ti � - � -. . _. .." � ' y ��`� s � `I- .m � � t - i'f 4� � =iiw�c' i �,� - � .wz � �� U . � � �i �0 + •'.}-� � +' O , i= `�:� F � t u �;\� v � '� -- w '•; '.� ;:? .� rt� N� - � \ N��e•�°•• 'j' ..a. �.... SI i',2 ..... . { .� �� /'-��\ \ 1 n .t+.':-�--.1�_ ... . " . • ,� . ..�.' �2'�i"'Ln_..�yk�(_un., .., N `� Q2 f �^ � J 4� . 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' � � s : _1? � �� R}. - , t. �' •..�� . ,�`� - . � � q O N A ' w N ; : o ;q�D. �s�� ; � :; � � ` < .� � ;._ '� ;��. -. 2 .� <� �. G �. Q � s f ;: , i i _ ; ' • -.d::, - , �, W M :�� 3 � _ �' � •', - £�-zA�s, � ,�: �,; t '�;� � _ : �_ j�' . �� i ,,�, , �O � � ^ '^ �� - �� LYMIT• CITY. FFRI Lt . � � � 4a �., _ , ._ %� � ,;� (�,� �j-4�� ` -.. . . . 1I - ;' � � i = 2-:: : . �' __�� 13B RE90IUI'IO�i I�U. - 1994 `s • •a« � r1 "a1 �ur•• •�•� � i� ••��' �r� � �. • I� 1 ►• • •�. I�I• �• '�Bi• • • I • ?��; �. •1 ' •1 ', • � • W�,S, Resolution No. - 1994 ordered the preliminary plans, specifications and estimates of the costs thereof for the i�ravements in this project, and �, a public hear.i.ng is nat required for this project, and Wl�S, the City Council has determined a need to reconstruct the street to maintain it in a safe condition and at a reasonable cost. I�W, Tf��ORE, BE IT RESOLVID Tf�1T, the City Council of the City of Fridley, Anoka County, Minnesota, as follaws: 1. That the follawing impravements proposed by Council R�esolution - 1994 are hereby ordered to be effected and �leted as soon as reasonably possible, to-wit: Street impravements including grading, stabilized base, hot mix bittuninous mat, concrete curb and gutter, sid�walks, storm sewer system, land��aaping, and other facilities. 2. That the followirig street be inoorporated in the 1994 street i.m�rovement project as: I�RRY 7��NE ON PRQT�CT 1�. 5T. 1994 - 12 3. That the work to be perfornied wzder this proj ect may be perforn�ed under one or more contracts as may be deemed advisable upon receipt of bids. 4. That the Public Works Director, John G. Flora, City Hall, F�idley, Minnesota, is hereby designated as the Engineer for this impravement. He shall prepare final plans and specifications for the making of such impravements. PASSID AI�ID ADOPI'ID BY TI�; CITY QOUlaCIL OF THE CITY OF FRIDI�iC Tf�S 16TH DAY OF MAY, 1994. ATI�ST: WILLIAM A. CE�MPA - CITY Cr�x WILLIAM J. NEE - MAYOR 14 RE8pI�7TI�T 1�A. - 1994 �• � �i • • � �• � � i• •,� � � ia+ • i� • •,� � • • � • �: • n • •-5��+�ii� : �ll�+.�� y��ia��I �� ; : �� ;�a�; �� i' • a��; � • 1 •i •.• � � WI�REA3, Resolution No. - 1994 on3ered the preliminary plans, specifications arid estimates of the costs thereof for the improvements in this project, and W�S, Re.solution No. - 1994 received the preliminary engin�ring report and o�lex'ec1 the final plans ar�d estimltes of costs, ar�d WF�S, a public hearing is not requi.red for this project. NO�W, T�RE, B�; IT RF�OLVED TI�T, the City Cotuzcil of the City of FYidley, Anoka County, Minnesota, as follaws: l. 'Ihat the follawirig im�ravements proposed by Cotuzcil Ft�esolution No. - 1994 are hereby ordered to be effect.ed and �Ieted as soon as reasonably possible, to-wit: Street it�rovements, including grading, stabilized base, hot-mix bittuninous mat, concrete curb and gutter, sidewalks, storm sewer system, land-scaPing� and other facilities located as follaws: Rec�nstruction Kerry Lane Between Rice Cree.k Road and Ben Moore Drive That the work involved in said impravements as listed abave shall hereafter be designed as: I�2Y LANE O�T PRATDCT PU. ST. 1994 - 12 2. The plans and specifications prepared by the Public Works D�'t�nent for such improvements and each of them pl.�suant to the Council resolutions heretofore . adopted, a copy of which plans and specifications are hereto attached and made a part thereof, are hereby appraved and shall be filed with City Clerk. The Public Works Direc,-tor shall accordirigly prepare and cause to be inserted in the official newspaper advertisements for bids upon the making of such iit�rovements ur�ler such approved plans and specifications. The advertisement shall be published for three (3) weeks (at least 21 days}, and shall specify the work to be done and will state the bids will be opened arxi considered in the Cotnzcil C2�ambers of the FY-idley Municipal Center and that no bids will be considered unless sealed and filed with the Public Works Director and ac.cam�panied by a cash depc�sit, bid bond, or certified c.heck payable to the City for five percent (5%) of the amount of such bid. That the advertisement for bids for I�RRY LAi� RE(70NSTRUCTION PROJECr NU. ST. 1994 - 12 shall be substantially in the standan� form. PASSID AI�ID ADOPI�D BY TAE CITY �UNCIL OF T!� CiTY OF FRIDLEY TfffS 16TH DAY OF MAY, 1994. ATI'EST: WILLI�IM A. Cf�MPA - CITY CI,ERiC WILL�IAM J. NEE - MAYOR 15 Er�;�^eer ,ig Sewer s::a�e� f'�+'ks S��eeis ,M,��nter�ancc ME MORANDUM TO: William W. Bums, City Manager �'�� PW94155 FROM: John G. Flora,r Public Works Director DATE: May 16, 1994 SUBJECT: Stinson Boulevard lmprovement Attached are two resolutions for the upgrade of Stinson Boulevard between Osborne Road and 73rd Avenue, Project No. ST. 1993-7. With the execution of the Joint Powers Agreement the City of Fridley wii) be responsible for advertising and managing the street improvement project. The two attached resolutions order the final plans for the project and authorizes the advertisement for bids. Ramsey County has completed the design and we are staffing the project with State Aid Office for MSAS approval. Recommend City Council adopt the attached two resolutions for the upgrade of Stinson Boulevard Project No. ST. 1993-7. JGF:cz Attachments 16 �� .� RE90?�il'I�T I�U. - 1994 I' �• • • ' � al• � � r. . ti • i� ;r_ 1 r• ati • ' •�. 'Iai•�a• � �: � : • • � • yl � 1 • •, � • 5� I �i � •, • � • WI�REAS, R,esolution No. 20 - 1994 ordered the preliminary plans, specifications and estim�tes of the costs thereof for the improvetnents in this proj ect, and WI�REAS, Resolution No. 21 - 1994 received the prel�minary report and called for a public hearirig on the matter of imprav�ner►ts for this project, and Wt�ftEAS, a public hearirig was held on March 21, 1994 regarding this project, and Wf�AS, Petition No. 4- 1993 was received requesting the street on the petition be added to the City's 1994 street reconstruction program, and Wf�F2EAS, the City Council has determined a need to reoonstruct the street to maintain it in a safe condition and at a reasonable cost, ar�d W�,.S, a Joint Pawers Agreexnent between the cities of Fridley arid Mounds View has beeaz executed for construction and funding of this improvement. NC7W, 7'l�RF.FORE, BE IT RESOLVID Tl�iT, the City Coiuicil of the City of Fridley, Arioka County, Minnesota, as follows: l. That the following im�ravements proposed by oouncil Resolution 20 - 1994 are hereby ozdered to be effected and oampleted as soon as reasonably possible, to-wit: Street ix�ravements including grading, stabilized ba.se, hot m.i_x bittm�inous mat, concrete curb and gutter, storm sewex system, water and sewer senrices, landscapuxJ, and other facilities. 2. That the follawi.rig street be incorporated in the 1994 street improvement projects as ST. 1993 - 7: Stinson Boulevard between 73rd Avenue and Osborne Rpad 3. That the work to be performed ur�der this project may be performed under one or more contracts as may be•deemed advisable upon receipt of bids. 4. That the Public Works Director, John G. Flora, City Hall, Fridley, Minnesota, is hereby designated as the Engineer for this i�ravement. He shall prepare final plans and specifications for the m�king of such itt�ravements. PASSID AI�ID ADOFt�D BY TI� CITY GOUlaCIL OF � CITY OF FRIDLEY Tf�S 16TH DAY OF MAY, 1994. ATTEST: WILLIAM A. Q�iAN1PA - CITY CL�RK l��i�+/I�s\ui�i�►la� ur • : 16A �. _.. - _ _ _ ___ . ._. - � : � T 30, I� 24 ,,.,..,...., ..:.:.,,.., .:..,::�:..:� n�n .rrt.c nr rn� e�:,��.• r�:,urlrr' 'Ci�/1ClS Alll(.�Il!(. iI1C A:1A ill(1N'I! r�us caawruc �s io n[ ustn ornr roR . I ' RN[R(NCE IURK)SES Af.•O iHE COUN� OL E Y � �Y IS NOl RfSPONSItIF !OR ANY IM ACCURACIES /1ERE�f! CONfA1NED. 'S39/2 ' .r. ...a. . . ,a,. �. - �2 � � �� IN� �AKE ��-, S • _ \ "' � N [ COpNfR ��` _ - _ �.», , SEC. /1 '' ... . ... , ; � - .y . "" _� � Nd i�...:..r ny.i,.�L��.�i. .Q�A si^ �,'' �� V' ;�.�� ^'� J)�'~� T ' (,� Y^ `_ � `' `T � .�- = . i :Va 9 ia ii ; ... �� .�r r� i� '.- °;°�.� � ,! -i 1 .: 7 B , ; . j ~ � _ A `�l � S �; S� ` „q" ' �\ ♦ i cw. �,p � (r)' �a �.:i � �y) . 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ROIaND w .�r�OEkSO�f . .t . . . . ... . . . ...... ...•. ........ . . _ _ �. _ - -.—.'— '-. ----- , . . ---------'—�-----.._..'-_._----'-- '- -�'--- �- . . -- . _... - �---- -- . _, � 1 f�8 -�. : �i � •: •�:.�.a • �, c � � � :�i'J ;i:r I:N ' �i' : � � ; �J �U. - 1994 I� � � �� - �w�• v • � •�•�r,:�• � � � �_•�. :��1 ' •�� : Y'IC�: � 1".�' ^ I:n •.• ;r • 1�18� Resolutia�l NO. 20 - 1994 O� th� p�+P1]]1�*+aw plat�s� �.,peCificatiod�s a1�d est imates of the oasts th�x�eof for the 3mp�ov�aner�ts in thi.s proj ect, and � 1�i8, Re�-.�olutial No. 21 - 1994 reoeiv+ed the Px'etiminaYY en4ineerin4 Y'eport ar�d set a public hearir�g for the inprw�nents in this pr�ject, and W�B, a public hearir�g was held � Marc� 21, 1994 �dir�q this project, ar�d �18, Resolution No. _- 1994 ordered final plans ar�d estimates of costs for this Pro7�• I�7W, �, BS 1'P 1�8oLV� Tffi�T, tt�e City acxxu�cil of tY�e City of Fridley, An�]� Do�mtY. Misule.s�vta, as follau�s: l. Z�at the follawi.r�q inQmov�ts prq�ased by C�au�cil l�esolution No. 20 - 1994 are herel�sy ord�eted to be effect,ed ar�d oampletrecl as soon as reasar�ably pos.sible, to-wit: Street ia�rove�nents includirxl 9rddirig, stabilized base, hat�nix bitwmiriws mat, ooncrete ct�rY� ar�d guttex, stor_m sew�t systc�n, water ar�d sanitary se�ar-+s service.s, larydscapirig, ar�d o�ther facilities located as follaws: :..,- .� Stin.sari Boulevard Between 73rd Aventle and O�Uorne Rpad Z3�at ti�e werk irivolved in said imp�weqnertts as listed above shall hereafter be designed as: STII89�T BO�JIEPAlm PA0ITECP I�U. ST. 1993 - 7 2. The plans ar�d specifications prepared by th�e Public Works Department for such imprave�nents ar�d each of them pursuant to the Camci.l resolutions heretofore adapted, a co�y of which plans ani speci.fications are hereto attached and made a part thereof, are her�eby approved arxi shall be filed with City Clerk. The Rablic Works Direct�or shall aooardir�gly prega.re ar�d cause to be inserted in the offici.al newsp�aper advertise�nents for bids �oaz the m�lsing of sudi i��rw�nems w�der s�c3� appraved plans arKi specificatians. 7�e shall be published for three (3) weeJ�s (at least 21 days) , ar�d shall specify the w�rk to be doa��e ar�d will state the bids will be c7petied ar�d oo�siclered in the Cc�u�cil � of the �idley M�micipal Center and that no bids will be considered unless sealed arid filed with the Public Works Director and a�-�nied by a cash deposit, bid bar�d, or oextified d�k payable to the City for five peroent (5�) of the a¢ro�,mt of such bid. 'I3�at the advertise�oent for bids for $PII�TBO[�T BO[JIEP�,RD II�OVEMF.�tl' PRO►TBGT 1�U. 8T. 1993 - 7 st��ll be substantially in the star�daL�ci form. "1:11� �� • �• • :rl� Y:I" N •�'ll M1 •1' �:1' N •1' ' ��l : �:� � . �: �'� �1' h WTTTTAM J. rTEE - MAY(.�2 A'I'1'F5'r: �A.�A-�� 17 y. � 19 20 �iJ FOR CONCURRENCE BY THE CITY COUNCIL !_J f Dt.�EY Mayr 16, 1994 � Ty�e Of License:� :B� Approved By: CARNIVAL ' Fridley 49er Days Gold Star Amus. Richard Lar.son p: Hinchtiffe � � Fire Inspector 7418 W. Circle N.E. Fri dl ey, ��{N 55432 CIGARETTE � LICEN8E8 Ground Rourrd Theisen Vending David Sallman . 5277 Central Ave.N:E , � Public Safety Director Fridley., MN 55421 Loyal Order of Moose Lodge " ° " " 8289 University Ave.N.E. F_ridley, MN 55432 SuperAmerica #4207_: Same ". " 7449 E.. River Rd. Fridley, MN 55432 SuperAmerica #4175 Same " " 5667 University Ave.N.E. Fridley, MN 55432 SuperAmerica #4199 Same " " 7299 Hi�hway'65.�`.N:E.. Fridley, MN 55432 FOOD ESTABLISHMENT Burger King Torchwood Fran.Group Inc. 6401 University Ave.N.E. Fridley, MN 55432 . SuperAmerica Same 7449 E.River Rd. - Fridley, MN 55432 ' SuperAmerica Same 5667 University Ave.N.E. Fridley, MN 55432 SuperAmerica Same 7299 Hwy. 65 N.E. ' Fridley, MN 55432 � � � LIVESTOCK m Connie Kuusisto Same Steven 8arg 585�Janesville St. N.E. Code Enforcement , .z__ 21 m � „ Fees• �xempt $12.00 $12.00 $12.00 $12.00 $12.00 $45.00 $45:00 • � $45.00 $45.00 $15.00 n FOR CONCURRENCE BY THE CITY CCIUNCIL May 16, 1994 __ Page 2 PEDDLER Matt Milner Saies � 6erald Johnson 1298 52nd Ave.N.E. Fridley, MN 55421 REFllSE HAULER BFI%Woodlake Sanitary Serv. Tom Chovan 8661 Rendova St. � Circle Pines, MN 55014 RETAIL GASOLINE ' SuperAmerica #4207 Same � 7449 E. River Rd, Fridley, MN 55432 SuperAmerica #4175 Same 5667 University Ave.N.E. Fridley, MN 55432 SuperAmerica #4199 Same 7299 Highway 65 N.E. Fridley, MN 55432 TAXICAB Town Taxi Triad Transp. 2500 Washington Ave. So. Mpls. MN 55411 TREE REMOVAL William F. Nelson Same 13055 Riverdale Dr.#500311 Coon Rapids, MN 55448 VEHICLE BODY REPAIR Fridley Auto 9ody, Inc. Harry W. Herrman 960 Osbor.ne Rd. N.E. Fridley, MN 55432 Fridl.ey Chevrolet Geo.Inc. Roger J. Moody 7501 Hwy. �5 N.E. Fridley, MN 55432 " Sam's Auto Body Samir Awaijane 7570 Hwy. 65 N.E. Fridley, h1N 55432 21A LZCSNSEB David �.allman $&Q.QQ P�abt ic� �afety Di rector Richard Larson Fir.e Inspector �� $90.00 $60.00 $6D.00 $60.00 David Sallman $55.00 Public Safety Director Paul Lawrence $40.00 Pub.Wks.Superintendent Davi.d Sallman $150.00 Publ i c Safety Di rec�tor� � �� " ' �$150.00 $150.00 _ -:- :�_ ,. _�_.�_:_ .__w_ �., :._..:- --: . .�._.. . ___--._ ..--- ,. _ . . ..____ . . . ___ _ _�_.,.- -- , .. . . . _. . _ . . . .� . _,.:_ _. _ 0 21B � � FOR CONCURRENCE BY THE CiTY COUNCIL �MAY 16, 1994 Ri _ CKTOPPING ' Northem Asphalt Const Co 11064 Raddison Rd NE Mimieapolis MN 55449 Fi.F[_TRiC L Arctic Electric Inc 2632 8 Ave N Anoka Mn 55303-1796 Bloomington Electric Company 9721 Humboldt Ave S Bloomington MN 55431 Liberty Electiric 16801 Sodium St NW Ramsey MN 55303 Parsons Electric Co 5960 Main Stree�t NE Minneapolis MN 55432-5480 �_ - Jeannette I.atson Mark Lindberg Kelly Brosseth Keith Kuusman Donald Dolan Pro-Tec Design Inc � 2405 N Annapolis Ln Ste 210 Plymouth MN 55441-3633 Lenore Carpenter C�A� SERVICES Dependable Indoor Air Quality Inc 2619 Coon Rapids Blvd NW Coon Rapids MN 55433-3966 James Holt Diversified Mechanical Services 1525 E 88 St Bloomington MN 55425 Carl Hendrickson P& H Services Co Inc 1601 67 Ave N Brooklyn Ce�ter MN 55430-1743 Geraid Steffens [�F�RAL. [_nNTI�ACTQR-COMMERC_IAL Gilbert Constiuction Co Inc 1202 )ackson St � St Paul MN � 55117-4612 Ricl�ard Gilbert 21C. *. LICENBEB JOHN PALACIO Chief Bldg Ofcl STATE OF NIINN Same Same Same Same GARY FORD Bldg/Mech Insp Same , Same JOHN PALACIO Chief Bldg Ofcl x�dnwco� issso �om st r� Ham Lake MN 553(�4 Alton Johnson � Jorgenson Constiuction Inc 1622 93 Ln NE Minneapolis MN 55449-4313 Stanley Jorgensan McGough Construction Co Inc 2737 N Fairview Ave St Paul MN 55113-1372 Rhonda Smieja QualitY C�pentrY 4260 Reiland Ln Shoreview MN 5512b- Daaiel Szmiot C�ENER�►� CO �CTOR-RESIDENTIAI� A-1 Handyman (5876) 13895 Industrial Park Blvd Plymouth MN 55441 Bud Yager Asphalt Specialties Co (5132) PO Box 838 Lakeland MN 55043 Erik Peterson Biddle Remodeling Inc 2644 Ulysses St NE Minneapolis MN 55418-3048 Brad Biddle DeMars Mike Construction (6614) 8401 166 Cir NW Ramsey MN 55303 Mike DeMars GFH Construction (753� 3845 Park Ln Spring Park MN 55384 George Hulinsky Lundgren Bros ( I413) 7500 Boone Ave Brooklyn Park MN 55428 Jennifer Kokal Right Way Roofing 16475 45 Ave N � Plymouth MN 55446 Scott Voves 21D :: �.��: Same Same Sanne STATE OF MINN Same Same Same Same Same Sa�ne Stock Roofing Inc 289 Libefiy St NE Friclley MN 55432-1746 Sharp Y R inc 10907 93 Ave N Maple Grove MN 55369-4105 �ATINQr Carlson C O Air Conditioning Co 1203 Bryant Ave N Minneapolis MN 55411-4087 De�pendable Indoor Air QuaGty Inc 2619 Coon Rapids Btvd NW Coon Rapids MN 55433-3966 Dive�sified Mechanic�l Services 1525 E 88 St Bloomington MN 55425 Nielsen's 6318 Lalceland Ave N Brooklyn Park MN 55428 P� H Services Co Inc 1601 67 Ave N Brooklyn Center MN 55430-1743 MASONRY Jesco Inc 7175 Cahill Rd Edina MN 55439 11iOVING Bahl Movers Inc 141 90 Ave NE Blaine MN 55434 PLUMBING A-Handy Plumbing Ivc 1437 Marshall Ave #104 St Paul MN SS 104-6315 , Wazren Stock Dennis Sharp Thomas Lindskog James Holt Carl He�lrickson Dan Ryan Gerald Steffens David Olson Jim Bahl Ray vinzant 21E ,: Same Same GARY FORD Bldg/Mech Insp Same �� Same Same JOHN PALACIO Chief Bldg Ofcl STATE OF MiNN STATE OF MINN . . ... . . . . , ,. , . , , ... ... . . ... . .. , . . I� . Bames Plumbing Co Inc 3923 Washingbo� Ave N Minneapolis MN 55412-2143 Jeffrey Bar�es Olson Doug Plumbing Inc 931 44 Ave NE Columbia Heights MN 55421- Doug OLson ._ P 8t H Services Co I� 1601 67 Ave N Brooklyn Center MN 5543Q- I743 C�ald Seeffens Plumbing Services Inc 1628 Hwy 10 NE Minneapolis MN 55432-2I? 1 Mike Nalley � Sun Ray Plbg 8c Htg Inc PO 28127 St Paul MN 55128-4127 Glenn Roeske SIGN ERECTQR DeMars Signs Iac � 410 93 Ave NW Coon Rapids MN 55433 Desiree DeMars Lemy Signs Inc 6325 Welcome Ave N Brooklyn Park MN 55429-2091 Ralph Reit,er � �1F .. SAme C`�T"?� Same ��^ C`?Z''a JOHN PALACIO Chief Btdg Ofcl Same .. .. . . .. , _ . ' . � ' ' . .' . .. .. . . . . . . . .. .. . .. .. . � . . . ... . . . . .. '_. .. ... . ��.y': . � cn,r oF fRIDLEY a ESTIMATEB MAY ib, s994 - Barna, Guzy & Steffen� Ltd. 400 Northtown F'inancial Piaza 200 Coon Rapids Boulevard � Coon Rapids, MN 55433 Statement for Services Rendered as City Attorney �for the Month of April� 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4�552.33 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 March, 1994 . . . . . . . . . . . . . . . . . . . . . . . . . $ 11 �535.00 innovative Irrigation 10006 University Avenue N.W. Coon Rapids� MN 55448 Corridor Maintenance Project No. 266 Estimate No. 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3�192.95 2z 22A