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�� FRIDLEY CITY COIINCIL MEETING
anror
Fwa� ATTENDENCE SHEET
7:30 P.M.
PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN
ITEM "
PRINT NAME (CLEARLY) ADDRESS NUMBER
��
UiYOF
FRIDLEY CITY COIINCIL MEETING
F��� ATTENDENCE SHEET
7:30 P.M.
PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN
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� JO
FRtDLEY CITY COUNCIL MEETING OF OCTOBER 17, 1994
PUBLIC HEARINGS:
Issuance of an Intoxicating Liquor
License to The Sharx Club/Sharx
Sports Bar Generally Located at
3710 East River Road N. E. (Continued
October 3, 1994) (Ward 3) . . . . . . . . . . . . . . . . . . . . . . . . . .
1
Amend Chapter 506, Chapter 128 and
Chapter 11 of the Fridley City Code
Regarding Parking of Large Commercia!
Vehicles on Residential Property . . . . . . . . . . . . . . . . . . . . . . 2 - 2U
Assessment for 1994 Service Connections . . . . . . . . . . . . . .
Assessment for Street Improvement Project
No.ST1993-1 &2 ................................
Assessment for 6A�th Avenue Storm Water
improvement Project No. 260 . . . . . . . . . . . . . . . . . . . . . . . . .
OLD BUSINESS:
Second Reading of an Ordinance to
Amend the City Code of the City of Fridley,
Minnesota, by Making a Change in Zoning
Districts (by Forrest Harstad; 971 Hillwind
Road N. E.) (Ward 2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
NEW BUSINESS:
Approve Intoxicating Liquor License for The
Sharx Club/Sharx Sports Bar (Ward 3) . . . . . . . . . . . . . . . . .
2.1
2.2
2.3
3-3B
4-4C
�
2 �
� `'
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 17, 1994
NEW BUSINESS (CONTiNUED):
Resolution Approving and Authorizing
Signing an Agreement Establishing
Working Conditions, Wages and Hours
of Employees of the City of Fridley Fire
Department for the Year 1994 ....
............ 5-5W
First Reading of an Ordinance Amending
Chapter 513 of the Frid(ey City Code, .
Entitled "Regulation of Skateboards,
Rollerskis, Rollerskates and Rollerblades"
to Amend the Word "Rollerblade" . . . . . . . . . . . . . . . 6 - 6C
Resolution Approving Plat, P.S. #94-05,
Totino Grace Addition (by Keith
Eibensteiner for Biltmore Construction)
(Ward 2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 - 7G
Approve Development Agreement between
the City of Fridley and Roya( Oaks Realty,
Inc. (Ward 2) . . . . . . . . . . . . . . . . .
. . . . . . . 8 - 8Q
PaQe 3
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 17, 1994 Page 4
NEW BUSINESS (CONTINUED):
Receive #he Minutes of the P(anning Commission
Meeting of October 5, 1994: . . . . . . . . . . . . . . . . . . 9 - 9.72
A. Special Use Permit Request, SP #94-14,
by Wal-Mart Stores, Inc., to Allow Expansion
of a Garden Center, Generally Located at
8450 University Avenue N.E. (Ward 3) ...9 - 9.03
. . .9.38 - 9.52
B. Special Use Permit Request, SP #94-15,
by Lynn Porath of Turning Point Adult
Day Care, Inc., to Allow Adult Day Care,
Generally Located at 6180 Highway 65
(Ward 2) . . . . . . . . . . . . . . . . . . . 9.03 - 9.07
. . . . . . . . . . . . . . . . . . . 9.38 - 9.52
C. Consider Occupancy in the S-2
Redevelopment District of
6525 University Avenue N.E., by
Jim Yungner, for The Gym
(Ward 1) . . . . . . . . . . . . . . . . . 9.07 - 9.11
. . . . . . . . . . . . . . . . . . . 9. 53 - 9. 72
Establish Public Hearing for November 7,
1994, for East �iver Road Improvement
Project (Ward 3) . . . . . . . . . . . . . . . . . . . . . . . . 10 - 10A
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 17, 1994 Page 5
NEW BUSlNESS (CONTINUED):
Receive Bids and Award Contract for the
Purchase of a MT Trackless Sidewalk
Snowplow with Attachmenfs . . . . . . . . . . . . . . . . . . 11 - 11A
Receive Bids and Award Contract for Clover
Pond and 52nd Avenue Floodway Diversion
Project No. 222 (Ward 1) . . . . . . . . . . . . . . . . . . . . 12 - 12A
Approve Change Order No. 1 for the Repair
of Well No. 5, Project No. 270 (Ward 1) . . . . . . . . . . . 13 - 13B
Resolution Initiating the Process for the Sale
of the City's $485,000 General Obligation
Bonds, Series 1994A . . . . . . . . . . . . . . . . . . . . . 14
Resolution Certifying Certain Delinquent
Utility Services to the County Auditor for
Collections with the 1995 Taxes . . . . . . . . . . . . . . . . 15 - 151
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 17, 1994 Paqe S
NEW BUSINESS (CONTINUEDI:
Resolution Confirming Assessment for 1994
Service Connections . . . . . . . . . . . . . . . . . . . . . . 16 - 16C
Resolution Confirming Assessment for
64th Avenue Storm Water Improvement
Project No. 260 . . . . . . . . . . . . . . . . . . . . . . . . . 17 - 17B
Resolution Confirming Assessment for
Street Improvement Project No. STREET
1993-1 &2 . . . . . . . . . . . . . . . . . . . . . . . . . . 18-18B
Informai Status Report . . . . . . . . . . . . . . . . . . . . . 19
Claims. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Licenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 - 21 B
Estimates . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 - 22A
ADJOURN:
Wiltiam J. Nee
Mayor
f�idley, MN.
•
�urn � EE �he � iu lence � a
y
Octobex 27, 1994
�d���}�S, t�e Citize,�S O(� �ludQe,y lie.CO(�kize U'ioQet�Ce QS AK e,piGtewtiC ar�iiC�i
a��-eets oun daiey �abits, oun c��edneK, aKd oun ou�e,naQe quaeity o�._.@i�e iK oun
Keic�4�bon.�oods, busiKesses, akd sc�ooQs; aKd
�Wd�I�t2��lS, �re be�ie.u�e are �aU�e t�e powen -to Re�p neu�e,�se t�e c�nowiKc� tP�ne.at o� _
u�ioee,�ce by educat�K� ounseQ�res akd oun c��2dnei� about �eaQt�y ways to nesoet�e
coK�-Q�ets akd nespoKd to aK�en; aKd
�Wd�IE�S, Tun,1 Q�� l�e �V�oeexce �ay �s a day �o� citiZe,�s to be,giK usiKg tRein �
iKditridua@ powen to cRoose to tunx o{�� uio�ext te,�eu�isioK pnoc�naw�s, kot �: ,
Qistett to (�ioQe,Kt wtusic, akd Kot (�ieur U'ioQettt wtot�ies, .
,JI(O�W, Td�l��e�}Ot�, � I1� t�SOL�"D tP�at I, �Wi�Qiawt J. ,�1(ee,
Jv(ayon o� tR.e City o� �nideey �e.neby pnoceai� Octoben 27, 1994 as
�urn �ff �he �iolence �ay � .
�� �►�de�.
�Ut2Td�t�t2JUlOt2�, ok Octoben27tR., citize,�s an.e e,kcout�ctt�edto exaw�iKet6�e wag tRe.y
neso2u�� aK�en aKd coK�Q�cts aKd to bet�ik to neso�t�e t�e,�. aritR.out U�io@eKt wonds on
act�o�.s. �We ded�cate oun ceee,bnatiok o� tRis day to a�e t�e t�ictiw�s o�- t�ioeekce.
� �WITJI(�SS �Wd�l£t?EO�, I �cttre Set �y
RaKd aKd caused tR.e seaQ o{� t�e City o{�
�ntd�ey to bQ a��-�x� t��s 17tR. day o�-
Octoben 1994.
WILLIAM J. NEE, MAYOR
THE MINIITES OF T8E REGIILAR MEETING OF THE FRIDLEY CITY COONCIL OF
OCTOBER 3, 1994
The Regular Meeting of the Fridley City Council was called to order
at 7:35 p.m. by Mayor Nee.
PLEDGE OF ALLEGIANCE:
Mayor Nee led the Council and audience in the Pledge of Allegiance
to the Flag.
ROLL CALL-
MEMBERS PRESENT: Mayor Nee, Councilman Billings, Councilman
Schneider, and Councilwoman Bolkcom
MEMBERS ABSENT: Councilwoman Jorgenson
PROCLAMATIONS•
WASTE REDUCTION WEEK: OCTOBER 3- 9, 1994:
Mayor read and issued a proclamation proclaiming the week of
October 3-9, 1994 as Waste Reduction Week. He urged citizens to
take advantage of this week to learn more about waste reduction and
other ways to protect the environment.
Mayor Nee presented this proclamation to Mr. Brad Sielaff of the
Environmental Quality and Energy Commission.
Mr. Brad Sielaff stated that the Environmental Quality and Energy
Commission strongly support waste management reduction.
FIRE PREVENTION WEEK: OCTOBER 9- 15, 1994:
Mayor Nee read and issued a proclamation proclaiming the week of
October 9-15, 1994 as Fire Prevention Week and invited the commu-
nity to a special presentation on Saturday, October 8 at the City's
fire stations where fire, law enforcement, emergency medical, and
community support organizations will be represented.
Mayor Nee presented this proclamation to Mr. Dick Larson, Deputy
Fire Chief, and invited the citizens to attend the open house at
the fire stations. He stated that most of the events would occur
at the main fire station; however, all stations would be open.
APPROVAL OF MINUTES:
COUNCIL MEETING, SEPTEMBER 19, 1994:
MOTION by Councilman Schneider to approve the minutes as presented.
Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
FRIDLEY CITY COIINCIL MEETING OF OCTOBER 3, 1994 PAGE 2_
ADOPTION OF AGENDA:
Mayor Nee stated that staff has requested an item be added to the
estimates as follows: Estimate No. 2 with Karlen Construction in
the amount of $32,082.55 for the Commons Park Shelter, Project
No. 267.
MOTION by Councilman Schneider to adopt the agenda with the above
addition. Seconded by Councilman Billings. Upon a voice vote, all
voting aye, Mayor Nee declared the motion carried unanimously.
OPEN FORUM, VISITORS:
PROBLEMS AT MOORE LAKE APARTMENTS:
Ms. Carol Lee Zinter, Manager of the Moore Lake Apartments, apolo-
gized to Council for calling them on Sunday. She stated that she
was outraged with what has been occurring in their neighborhood,
and she speaks for the residents on Polk Street and Lynde Drive.
She spoke about the disgusting signs and the spray painting of a
garage. She stated that one family is making everyone's life
miserable.
Mayor Nee asked how the City would proceed under the rental
ordinance.
Mr. Herrick, City Attorney, stated that the procedure is set forth
in the ordinance. He stated that, as he recalls, the first step
is to formally notify the apartment owner of the problem and where
it is originating. He stated that the next notice is a more formal
statement to the property owner that if he does not alleviate the
problem there would be a public hearing if there is another
complaint. He stated that if the apartment owner cannot solve the
problem Council has the authority to revoke the license at least
for that particular apartment unit.
Ms. Zinter stated that the apartment owner agrees that the tenant
is bad, but she cannot afford to evict them and have the unit
vacant.
Ms. Dacy, Community Development Director, stated that the problem
deals with a specific tenant in this apartment complex. She stated
that the rental ordinance is in effect, and they are keeping track
of the problems. She stated that Ms. Zinter is getting harassing
telephone calls at 2:00 a.m.
Mr. Sallman, Public Safety Director, stated that there is sti11 the
level of proof. He stated that the problem is identifying a
suspect who is making the harassing telephone calls. He stated
that the Police Department is working with Ms. Zinter on this
matter.
FRIDLEY_CITY COIINCIL M$ETING OF OCTOBER 3, 1994 PAGE 3
Mr. Burns, City Manager, asked if the City is responding on the
basis of a criminal complaint or under the rental housing
ordinance.
Mr. Sallman stated that there has been one criminal complaint
against the person, but he did not know if it would apply under the
ordinance. He stated that the issues in the rental housing
ordinance relate to the behavior of a tenant and activities
occurring within the apartment building.
Mr. Herrick stated that he did not know all the issues, but perhaps
Mr. Sallman and Ms. Dacy could review them.
DR. MARY ANN NELSON. SUPERINTENDENT OF SCHOOL DISTRICT NO. 14:
Mayor Nee asked Dr. Nelson, Superintendent of .School District
No. 14, to introduce herself.
Dr. Nelson stated that she is praud to be a member of the Fridley
school staff. She stated that as she meets people in the community
she is finding that the residents are very proud of their history
and the public schools. She is anxious to become a strong partner
with the Council.
Mayor Nee stated that the Council was glad she came to their
meeting this evening, and he felt that Dr. Nelson would be a great
asset for School District No. 14.
MARVIN THOUR. 5237 HORIZON DRIVE:
Mr. Thour, 5237 Horizon Drive, addressed the Council regarding the
problems of truck traffic on Horizon Drive. He stated that this
has been a problem for the last ten years; however, with the street
construction, it has gotten worse. He stated that there is no
reason that industrial traffic should be using the residential
street. He stated that everyone in their neighborhood is concerned
with the problem.
Mayor Nee stated that Council is aware of this problem and will
attempt to seek a solution.
PUBLIC HEARING•
1. PUBLIC HEARING ON THE ISSUANCE OF AN INTOXICATING LI4UOR
LICENSE TO THE SHARX CLUBfSHARX SPORTS BAR GENERALLY LOCATED
AT 3710 EAST RIVER ROAD N.E. (WARD 3):
MOTION by Councilwoman Bolkcom to waive the reading of the public
hearing notice and open the public hearing. Seconded by Councilman
Schneider. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimousZy and the public hearing opened at
8:02 p.m.
FRIDLEY CITY COIINCIL MEETING OF OCTOBER 3, 1994 PAGE 4
Mr. Pribyl, Finance Director, stated that Mr. DeFoe has filed an
applicati.on for an intoxicating liquor license. He stated the City
Code requires that a public hearing be held prior to the issuance
of a liquor license. He stated that the Police Department has
conducted a background investigation and has some cancern about the
issuance of the license which will be addressed by Public Safety
Director, Mr. 5allman.
Mr. DeFoe stated that his plans are to have a sports bar on the
south side and a nightclub on the north side of the building. He
stated that he would like to open in phases, as the south side of
the building needs major roof repair, and the north side of the
building will be remodeled.
Mayor Nee asked Mr. DeFoe if he was aware of the requirement
relating to the ratio of food and liquor sales and how he plans to
meet this requirement.
Mr. DeFoe stated that he is aware of this requirement and hoped
that the sports bar would be able to meet these requirements. He
stated that he hoped the businesses located nearby would patronize
his establishment for lunch and that there would be a lot of food
sales.
Councilwoman Bolkcom asked his plans for the sports bar and what
it would offer the patrons.
Mr. DeFoe stated that the sports bar would have a big screen tele-
$vision and a complete food menu. He stated that, eventually, he
would like to add outside�volleybal.l courts. He stated that the
sports bar would be similar to Champ's and Joe Senser's.
Councilman Schneider stated that the food sales, in relation to the
liquor sales, has been a continuing problem at this estabiishment.
He felt that there would have to be an aggressive marketing
campaign in order to increase the sale of food.
Mr. DeFoe stated that the business needs aggressive marketing, and
this would be done with the neighboring businesses and people in
and out of the City. He stated that he did not want to make
promises he could not keep, but he would put a lot of time, effort,
and money into the business.
Councilman Schneider asked Mr. DeFoe if he had experience in the
restaurant business.
Mr. DeFoe stated that he operates a club known as the Waterworks
Beach Club in Centerville. He stated that his manager � fo�"the
Sharx facility approximately ten years' experience in the food
business.
Mayor Nee asked Mr. DeFoe if the teen operation was critical to his
financial plan for the business.
FRIDLEY CITY COiTNCIL MEETING OF OCTOBER 3, 1994 PAGE 5
Mr. DeFoe stated that at Waterworks Beach Club he operates a teen
night on Sunday nights when school is not in session and over some
of the school breaks and�holidays. He felt that this was very good
for teens and an important aspect of his business, as a cover
charge of $6.00 is paid.
Mayor Nee asked how Mr. DeFoe would make sure that liquor is not
accessible to the teens.
Mr. DeFoe stated that the building has two doors, and it would not
be a problem.
Councilwoman Bolkcom stated that she was concerned about the
parking lot where teens may be mixing with older patrons from the
sports bar.
Mr. DeFoe stated he felt that this would not be a problem and cited
the Mall of America as an example where teens come in contact with
persons patronizing the liquor establishments. He stated that the
teens would not be allowed to "hang out" in the parking lot or wait
for friends in the parking lot. He stated that the teen nights are
very safe, friendly, and positive environment.
Councilman Schneider asked if the sports bar, where liquor is
served, would also be open on teen night.
Mr. DeFoe stated that he would like to keep the sports bar open on
Sunday nights. He stated that this is a separate building, and
there is a separate entrance for the teens.
Councilman Schneider also felt there may be a problem with teens
interacting with the older patrons in the parking lot.
Mr. DeFoe stated that he would hire an off-duty police officer or
have a security company patrol the parking lot. He felt that this
issue would be one of the easiest to handle. He stated that once
the teens are in the building, they cannot go back out to their
cars. He stated that his staff is well trained, and they can
usually handle any problem. -
Mr. DeFoe submitted letters from Robert Dale, Recreation Specialist
for the Hubert H. Humphrey Job Corps Center; Tamara Miltz-Miller,
retired Clerk/Adininistrator for the City of Centerville; and
a resident at 1688 Heritage Street, Centerville in support of
Mr. DeFoe's teen night operation. Mr. DeFoe stated that he felt
the teen night teaches teens they can go to bars and have fun
without drinking.
Councilwoman Bolkcom stated the bars that have been at this
location in the past have had a bad reputation, and she felt it may
be a problem for Mr. DeFoe to market his business.
. FRIDLEY CITY COIINCIL MEETING OF OCTOBER 3, 1994 PAGE 6
Mr. DeFoe stated that the Waterworks Beach Club previously had a
reputation as being a trouble spot, and he felt he has turned this
around into a positive operation.
MOTION by Councilman Billings to receive the above three letters
submitted by Mr. DeFoe. Seconded by Councilwoman Bolkcom. Upon
voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
Mr. DeFoe stated that he had no idea there would be a problem with
having a teen night when he purchased the property. He felt that
if controls are set they can deal with any problems. He stated that
he did not like the idea of the few teens who cause trouble dicta-
ting that he cannot have such a business.
Councilman Billings stated that he did not want to sound antago-
nistic, but wanted to put one thing into perspective. He stated
that Waterworks Beach Club is probably the largest piece of
property in the City of Centerville, and the license fee is
probably greater than any other business in Centerville. He stated
that with those two factors in mind, Mr. DeFoe's business is very
important financially to the City of Centerville. Councilman
Billings stated that Fridley has the largest commercial and indus-
trial base in Anoka County, and it is more inclined to make sure
that businesses in the City are ones that the City can be proud of .
He stated that there may be things that the City of Centerville has
allowed Mr. DeFoe to do which are marginal. He stated that he is
aware that there have been a number of police calls to Waterworks
Beach Club. He stated that the City of Fridley does not need any
on-sale liquor establishment to enrich the coffers, but is more
interested in the health, safety, and general welfare of its
citizens.
Councilman Billings asked the City Attorney if the Council could
attach stipulations to the liquor license and, if a violation of
the stipulations could result in a hearing to revoke the liquor
license.
Mr. Herrick, City Attorney, stated that, generally, that is
correct, but it depends on the type of stipulations the Council
attaches to the liquor license. He stated that they have to relate
to the health, safety, and welfare of the citizens.
Councilman Billings stated that either in the state statute or in
the licensing requirements in St. Paul, there are requirements on
the display of liquor. He ielt that if teen nights are approved
for this location there should be no display of liquor, and it
should be locked and out of view.
Mr. DeFoe stated that he felt he could abide by this requirement,
but he did not understand all the implications. He stated that if
he could not advertise beer and other types of liquor he would
FRIDLEY CITY COIINCIL MEETING OF OCTOBER 3. 1994 PAGE 7
agree to such a condition. He stated that all liquor bottles would
be out of the area, and there are locked cabinets built into the
bar area. He stated that only pop would be served from the bar..
Mr. DeFoe stated that he has had only one police call during teen
night. He stated that this was a fight that actually started in
school and carried over into Waterworks. He stated that the fight
was broken up by his employees, and the�police were called.
Councilman Billings stated that he felt Mr. DeFoe should be aware
that the former Leon's Supper Club in Columbia Heights will be re-
opening with a name similar to Mr. DeFoe's establishment. He
stated that trying to market two operations within several miles
with the same type of name could be complicated.
Mr. DeFoe felt that the names would be different enough that it
would not matter. He stated that he di.d not know about this issue
until his business was incorporated, and it was too late for him
to change the name.
Councilman Schneider asked Mr. DeFoe if he would have live band
music or live entertainment.
Mr. DeFoe stated tha� there would be a disc jockey playing records,
and he inay have a live band on occasion.
Mr. SalZman, Public Safety Director, stated that his argument is
not based personally on Mr. DeFoe or his operation of the Water-
works Beach CZub but on the past history and conversations with
other cities regarding the operation .of teen establishments. He
stated that he is requesting that teen or all age nights not be
allowed. He stated that there is nothing in Mr. DeFoe's background
check that will create an issue with the liquor license. He stated
that the teen nights attract persons fifteen years to twenty years
old. With the all age night, it creates a situation where liquor
is served, but it is open to anyone who is eighteen years old or
older.
Mr. Sallman stated that the history with teen clubs is there have
been assaults, drug arrests, vandalism, vehicle break-ins, and
organized gang activity. He stated that people who own these
establishments realize that after a while the poZice calZs are used
against them, so they quit calling the police. He felt that this
creates a difficult situation. He stated that the teen club which
was previously operated in Fridley did not serve any alcohol at
all, and there were still problems with drinking. He stated that
in this particular situation, there will be adults who have been
drinking interacting socially with teens. He felt that Mall of
American was not a good comparison. That is such a large area, and
people are not confined to one parking lot. He stated that persons
fifteen years old are not required to carry identification, and
some persons have been admitted to teen nights without identifi-
FRIDLEY CITY COIINCIL MEETING OF OCTOBER 3. 1994 PAGE 8
cation. He stated that anather problem is that there are different
laws for persons who are fifteen years old as compared to those
that are twenty years old regarding relationships, curfew, and
smoking.
Mr. Sallman stated that he is sure Mr. DeFoe means well, but the
security is very difficult. Even with the bouncers, metal
detectors, and a police officer in the parking lot, this
establishment would require more security than any other business
in Fridley. He felt that the intent of the City Code was to
separate children from liquor stores, and here there would be
children next to the liquor establishment.
Mr. Sallman stated that when a teen club was located in Fridley,
there was a problem with the teens going to the all night gas
stations or restaurants. He stated that at a time when Fridley is
trying to promote a feeling of safety in the.community, encouraging
the teens to participate in these activities is not what the City
is attempting to achieve.
Mayor Nee asked Mr. Sallman if he would oppose the liquor license
if the teen nights were not involved.
Mr. Sallman stated that there is no issue with the background
check, and his concern is with the teen and all age nights. He
stated that with the liquor license, the City has the authority to
restrict a teen night club.
�
Councilman Billings asked if it was illegal for minors to be in a
liquor establishment.
Mr. Sallman stated that it was not. Bowling alleys and restaurants
serve liquor, and minors are allowed in these establishments. He
stated that as long as they are not served alcoholic beverages it
is not a problem.
Councilwoman Bolkcom felt that one of the issues is that there
would be young teens associating with older persons, and this is
a concern.
Councilman Schneider stated that past history has shown that there
is not a positive benefit for a teen club.
Mr. Sallman stated that this is not a teen community center, and
it would not necessarily serve the teens of Fridley. He stated
that it is not a recreational organized activity but a teen night
club, and there is a difference.
Councilman Billings asked Mr. DeFoe how much of the format of his
Waterworks operation would he be trying to duplicate in Fridley,
speci�ically,.the U.S. Male and other similar promotions.
FRIDLEY CITY COIINCIL MEETING OF OCTOBER 3. 1994 PAGE 9
Mr. DeFoe stated that he has a ladies night that is popular, and
he would like to have the same at his Fridley establishment. He
stated that he would also like to promote volleyball and softball
activities.
Councilman Billings asked Mr. DeFoe if he has dancers, such as U.S.
Male, at his Centerville establishment.
Mr. DeFoe stated that he has dancers every Wednesday night.
Mr. DeFoe stated that he did not anticipate any problem with the
teen night, and it is important to his business.
Mayor Nee stated that he finds it difficult to believe that the
teen night would either make or break his business.
Mr. DeFoe stated there was no way that his business in Centerville
could have been a success without the teen night..
Councilwoman Bolkcom felt that if there has to be more food sales
than liquor sales in order to meet the requirements, Mr. DeFoe may
want to place more emphasis on the restaurant portion of his
business.
Mr. DeFoe stated that the ratio of food to liquor sales would not
apply for the teen night since no liquor is served. He stated that
each activity an owner brings to the business can either make or
break it. He felt that the teen night club was important.
Councilman Billings stated that if Mr. DeFoe operates teen nights
about twenty times a year. About half the income is profit.
amounting to $12,000 to $20,000 per year, which is a substantial
amount.
Councilman Schneider stated he felt that the issue is not necessar-
ily whether Mr. DeFoe can successfully operate the business but
what is best for the community.
Councilman Billings stated that he would wholeheartedly agree, but
he was only trying to address Mayor Nee's concern regarding the
financial situation.
Councilman Billings asked Mr. DeFoe if he would be agreeable to
stipulations regarding the teen night issue so that Council would
have the opportunity to review this operation if it was allowed.
Mr. DeFoe felt that this would be a great way to proceed and would
like the opportunity to prove that it can be successful.
Mr. Monte Maher, 7965 Riverview Terrace, stated that he is atten-
ding the meeting on another issue, but he stated that there has
been a huge number of break-ins lately in his neighborhood. He
FRIDLEY CITY COIINCIL MEETING OF OCTOBER 3 1994 PAGE 10
felt that if the teens had some place to go and something to do,
it would help reduce the crime.
Mr. Sallman stated that the histor�j is when there is an activity
that brings teens into the City, it results in a higher crime. He
stated that there is vandalism to businesses and break-ins of
vehicles. He stated that the idea that teen night would take the
teens off the streets that otherwise wGUld be committing crimes is
probably not correct.
Councilman Billings pointed out this location is relatively remote
and does not have a lot of businesses in the area.
Mr. Sallman stated that may be the positive aspect, but the other
teen center was relatively remote, and businesses in the area ended
up being vandalized. He stated that the negative aspect is that
it is quite a distance for police to respond when a call is
received.
Councilman Schneider asked if the liquor license could be granted
for a certain period of time.
Mr. Herrick stated that he would be concerned with Mr. DeFoe
acquiring the property, making the improvements and then limiting
the liquor license for only a eertain number of months. He stated,
however, that if the teen nights are allowed, there may be a
condition that it is on a�trial basis for a short period �f time.
If there were serious problems, the owner would agree to terminate
that portion of the operation and continue to operate the bar and
restaurant.
Councilwoman Bolkcom stated that her concern is how to define
serious problems. She questioned why Mz•. DeFoe would call the
police if the teen nights are based on the number of police calls
or problems he has with this operation. She stated that if there
was vandalism in the area, it may be difficult to prove if it was
teens attending this establishment.
Mr. Herrick stated that Council would have to make a decision as
to what they considered serious. He stat�d that fxom the stand-
point of the courts, there would have to be records to show that
there were problems with businesses near this activity. He stated
that it is not likely the court �aould overturn the Council.
Mr. Herrick stated that Council could continue the public hearing,
as it has brought out definite concerns that need to be addressed.
He stated that if Council wishes staff to attempt to work out stip-
ulations, it could be done between now and the next Council
meeting.
Councilman Billings stated that he would be in favor of continuing
the public hearing and, unless Council has any new information at
FRIDLEY CITY COIINCIL MEETING OF OCTOBER 3. 1994 PAGE 11
the time of the next meeting, vote on the application at the
October 17 Council meeting. He stated that he would be willing to
approve the liquor license, and allow teen nights and all age
nights with certain conditions. He stated that if these condi-
tions were not met, the liquor license would still be in effect,
but the teen nights would be eliminated.
Councilman
shown that
willing to
would not
nights.
Schneider stated his concern is that past history has
teen clubs do not work. He stated that he would be
go along with Councilman Billings' suggestion, but he
want liquor served anywhere on the premises on teen .
Councilwoman Bolkcom stated that she is inclined to agree with
Councilman Schneider's remarks.
Mayor Nee asked if it would be legal for Council representatives
to be appointed to work with staff on the preparation of a docu-
ment covering these issues.
Mr. Herrick stated that he does not have any problem with this
suggestion.
MOTION by Councilwoman Bolkcom to continue this public hearing
until the next Council meeting on October 17, 1994 and that Mayor
Nee appoint a committee of two representatives from the Council to
work with staff and the applicant an stipulations. Seconded by
Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
Mayor Nee stated that he would appoint Councilwoman Bolkcom and
Councilman Billings as the Council representatives to work with
staff and the applicant on this issue.
OLD BUSINESS•
2. APPROVE JOINT POWERS AGREEMENT FOR THE RECONSTRUCTION OF
COUNTY ROAD NO. 102 (MAIN STREET� FROM 44TH AVENUE AND
INTERSTATE 694 BETWEEN THE CITY OF FRIDLEY AND THE COUNTY OF
ANOKA (TABLED SEPTEMBER 19, 1994� (WARD 3):
Mr. Flora stated that the public hearing for this project was held
on September 6, 1994, and it is recommended that Council authorize
the Mayor.and City Manager to execute this joint powers agreement
for the reconstruction of Main Street.
Councilwoman Bolkcom stated that on Page 4, Item IX, Maintenance,
there is reference to the bikeway, and this should be eliminated.
MOTION by Councilwoman Bolkcom to authorize the Mayor and City
Manger to enter into the Joint Powers Agreement with Anoka County.
for the reconstruction of County Road No. 102 (Main Street) from
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 3. 1994 PAG� 12
44th Avenue north to Interstate 694. Seconded by Counci3man
Schneider.
MOTION by Councilwoman Bolkcom to amend the Joint Powers Agreement
by eliminating the words "and bikeway" on Page 4, under Item IX,
Maintenance. Seconded by Councilman Schneider. Upon a voice vote,
all voting aye, Mayor Nee declared the motion carried unanimously.
UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and
Mayor Nee declared the motion carried unanimously.
NEW BUSINESS•
3. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF
SEPTEMBER 21, 1994:
A. SPECIAL USE PERMIT REQUEST, SP #94-12, BY MONTE AND MICHELLE
MAHER, TO ALLOW CONSTRUCTION IN THE FLOOD FRINGE DISTRICT,
GENERALLY LOCATED AT 7965 RIVERVIEW TERRACE N.E. (WARD 3�:
Mr. Hickok, Planning Coordinator, stated that this is a request for
a special use permit to allow construction in the flood fringe
district. He stated that the petitioner wishes to construct a
26 foot by 40 foot addition in the rear of the dwelling unit. He
stated that the Planning Commission reviewed this request and
recommended approval with three stipulations. He stated that staff
has added an additional stipulation for the petitioner to execute
a hold harmless agreement.
Mr. Hickok stated that the petitioner also applied for a variance
to reduce the rear yard setback from 40 feet to 30 feet, and this
was unanimously approved by the Appeals Commission at their
August 23, 1994 meeting.
MOTION by Councilwoman Bolkcom to grant Special Use Permit,
SP #94-12, with the following stipulations: (1) the petitioner
shall submit an elevation certificate prior to the foundation being
capped which shall verify that the minimum first f1QOr elevation
is 824.00; (2) the petitioner shall submit a grading and drainage
plan prior to the issuance of a building permit; (3) the petitioner
shall dedicate a 15 foot flood control and street easement along
the Riverview Terrace property line; and (4) the petitioner shall
execute and record against the property a hold harmless agreement
indemnifying the City from liability as a result of flood damage.
Seconded by Councilman Schneider. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
B. SPECIAL USE PERMIT REQUEST, SP #94-13, BY JOHN RICE, JR., TO
ALLOW CONSTRUCTION OF A SECOND ACCESSORY STRUCTURE IN THE
FLOOD FRINGE DISTRICT GENERALLY LOCATED AT 8041 RIVERVIEW
TERRACE N.E. (WARD 3):
Mr. Hickok, Planning Coordinator, stated that this is a two-part
request for a special use permit to allow construction of a second
accessory structure and allow construction of an accessory struc-
FRIDLEY CITY COIINCIL MEETING OF OCTOBER 3, 1994 PAG$ 13
ture in the flood fringe district. He stated that the petitioner
wishes to construct a 26 foot by 30 foot garage on the east portion
of the lot. He stated that the Planning Commission recommended
approval of this request with five stipulations.
Mr. Hickok stated that the petitioner also applied for a variance
to reduce the setback of the proposed accessory structure from
30 feet to 19 feet from the side street. He stated that the
Appeals Commission unanimously approved the variance.
Mr. Hickok stated that staff recommends concurrence with the Plan-
ning Commission recommendation for approval of this special use
permit.
MOTION by Councilwoman Bolkcom to grant Special Use Permit,
SP #94-13, with the following stipulations: (1) the petitioner
shall provide a hard surface driveway by October 3, 1995; (2) the
structure shall be architecturally compatible with the existing
dwelling; (3) the accessory structure shall be floodproofed in
accordance with current regulations; (4) the petitioner shall
execute and record against the property a hold harmless agreement
indemnifying the City from.liability should flood damage to the
structure occur; and (5) the petitioner shall dedicate an 11 foot
flood control street and utility easement along the west property
line. Seconded by Councilman Schneider. Upon a voice vote, all
voting aye, Mayor Nee declared the motion carried unanimously.
C. RESOLUTION NO. 85-1994 APPROVING A SUBDIVISION LOT SPLIT
L.S. #94-05, TO SPLIT ONE PROPERTY INTO TWO SEPARATE PARCELS
GENERALLY LOCATED AT 1535 GARDENA AVENUE N.E. (BY BAILEY
TILLER) (WARD 2):
Mr. Hickok, Planning Coordinator, stated that this is a request for
a lot split for the property at the northeast quadrant of Gardena
Avenue and Oakwood Manor. He stated that the property is zoned
R-1, the lot was once described as Lot 20, Auditor's Sub-division
92, and is now a series.of lots occupied by three homes and four
accessory buildings (1535 Gardena Avenue, 1555 Gardena Avenue and
5925 Oakwood Manor).
Mr. Hickok stated that in 1964, Mr. Bailey Tiller requested a
subdivision which was approved to divide the property in a north/
south direction. He stated that in 1965, a further subdivision was
requested to split the southern parcel into two lots. He stated
that Mr. Tiller's original homestead existed on one of the southern
parcels. He stated that, unfortunately, the lot split approved in
1965 was not recorded but was brought to the attention of staff in
1987.
Mr. Hickok stated that in 1987, this item was before the Council
for reconsideration of the lot split and was approved. He stated
that the legal descriptions given at the time of the 1987 review
FRIDLEY CITY COIINCIL MEETING OF OCTOBER 3, 1994 PAGE 14
indicated two clearly defined lots. He stated that the Oakwood
Manor lot was clearly separated by its legal description and is not
part of the current lot split consideration.
Mr. Hickok stated that this lot split request would solidify and
accomplish what Mr. Tiller wanted in 1965 and would separate
Parcel B. He stated that the standard lot width for this zoning
district is 75 feet, and this newly divided lot would only be
74-1/2 feet wide. He stated that it is staff's opinion that this
variance of one half foot would not be visible from the street.
He stated that the lot size exceeds the requirements.
Mr. Hickok stated that there are four accessory structures on the
property, and Stipulation No. 2 would require a verification survey
to determine setback distances. He stated that the lot split also
allows a three-year window for this subdivision to be recorded.
Mr. Hickok stated that the Planning Commission recommended approval
with seven stipulations and staff concurs.
Councilman Schneider asked if someone could build on the site
leaving the existing structures and stiZl meet co�e requirements.
Mr. Hickok stated that there could be restraints on the building
design, but it could fit on the lot. He stated that it would,
however, have to be architecturally compatible.
Councilman Schneider stated that once the lot is developed into
residential use, if the code is met and it is architecturally
compatible, he does not have a problem. However, he would not want
these structures to be "grandfathered."
Mr. John Tiller stated that he was speaking on behalf of his
father, Bailey Tiller. He stated that his father wishes the struc-
tures to remain, and it would be the decision of the person who
purchases the lot whether they want to remove the structures.
Councilman Schneider stated that Council has been trying to upgrade
the residential neighborhoods and wanted to make sure any construc-
tion would meet current building code and setbacks. He stated that
a home would have to be architecturally compatible. He is also
assuming that a home would not be concrete block to be compatible
with the existing structure.
Mr. John Tiller stated that his father did not want these stipula-
tions, as he felt he had already been granted the lot split and is
only seeking re-approval.
Mr. Herrick, City Attorney, stated that if someone applies for a
building permit they may have to reside the garage in order for it
to be compatible with a new home.
FRIDLEY CITY COIINCIL MEETING OF OCTOBER 3 1994 PAGE 15
Councilman Schneider asked what happens with the existing struc-
tures once the lot split is approved. He also asked if the City
can require that they be within the current setbacks.
Mr. Herrick stated that the existing structures may be considered
"grandfathered," but there would be control, as the person who
purchases the lot will have to meet the setbacks, If this cannot
be done it would require a variance application.
Ms. Dacy stated that the issue at the time a building permit is
requested would be the lot coverage. She stated that depending on
the construction, there may be a variance request in the future.
She stated that she knows this is unusual because there typically
are not accessory structures existing on a lot before the main
structure.
Mr. Burns, City Manager, stated that it seemed unusual that the
concrete structure would be only three feet from the property line.
Ms. Dacy stated that is the reason staff is requiring Stipulation
No. 2 to verify the setback distances.
Councilman Schneider.stated that he wished the record to indicate
it is Council's intent when this lot is developed that it would
comply with the code or the petitioner would proceed with the
variance process.
MOTION by Councilman Schneider to adopt Resolution No. 85-1994,
with the following stipulations attached as Exhibit A: (1)
approval of a variance to the lot width requirement of 75 feet to
allow the creation of this 74.51 foot wide lot; (2) a verification
survey will be required to determine setback distances; (3) all
accessory structures may continue to exist, but shall not be
occupied; (4) Lot Split #94-05 shall be recorded by October 3,
1997, or prior to transfer of ownership, whichever occurs first;
(5) a park dedication fee of $750.00 shall be paid prior to the
issuance of a building permit for this parcel; (6) the property
owner shall be responsible for the instal].ation of separate sewer
and water to accommodate a new residence on the newly created lots;
and (7) a 20 foot utility easement shall be dedicated across the
Oakwood Manor (west) end of the newly created lot, and the lot at
the corner of Oakwood Manor and Gardena Avenue, adjacent to the
right-of-way. Seconded by Councilman Billings. Upon a voice
vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
4. RECEIVE AN ITEM FROM THE APPEALS COMMISSION MEETING OF
SEPTEMBER 13, 1994:
A. VARIANCE REQUEST, VAR #94-24, BY WILLIAM C. FORSTER CORPORA-
TIONl TO INCREASE THE MAXIMUM SQUARE FOOTAGE OF A SIGN FROM
80 SOUARE FEET TO 96 SOUARE FEET, GENERALLY LOCATED AT
5277 CENTRAL AVENUE N.E. (GROUND ROUND RESTAURANT� (WARD 1):
Mr. Hickok, Planning Coordinator, stated that this is a request for
a variance for a sign at Ground Round Restaurant at 5277 Central
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 3, 1994 PAGE 16
Avenue N.E. He stated that the current sign is 120 square feet,
and the new sign would be 96 square feet. He stated that in 1973,
Ground Round received a variance to allow installation of a
96 square foot sign. A 24 square foot readerboard was later
approved and added to the existing 96 square foot sign. He stated
that in 1992, a variance was granted to allow the continuation of
the 120 square foot sign but to modify the readerboard to be
internally lit.
Mr. Hickok stated that the Appeals Commission unanimously recom-
mended approval of this variance without stipulations. He stated
that staff concurs with this recommendation and also recommends
that five stipulations be added which he outlined.
MOTION by Councilman Billings to grant Variance Request,
VAR #94-24, with the following stipulations and remain in effect
until: (1) the sign is altered in any way except for routine
maintenance and change of inessages which makes the sign less in
compliance with the requirements of Chapter 214 than it was before
the alterations; (2) the supporting structure of the sign is
replaced or remodeled; (3) the face of the sign is replaced or
remodeled; (4) the sign becomes dilapidated or damaged, and the
cost of bringing it into compliance is more than fifty percent of
the value of said sign, at which time all of the sign and its
structure be removed; and (5) notwithstanding Stipulation No. 1
above, upon change of name of business being displayed outside.
Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
5. CONSIDER REQUEST TO AMEND CHAPTER 213 OF THE FRIDI,EY CITY CODE
�FENCES):
Ms. Dacy, Community Development Director, stated that at the
September 6, 1994 Council meeting, Mr. Bruce Ackland, Vice
President of Certified Auto Recovery at 3737 East River Road
requested that the City consider amending Chapter 213 of the City
Code to permit fences charged with an electrical current.
Ms. Dacy stated that staff has contacted seven neighboring commu-
nities. Four cities prohibit electrical fences, and three do not
specifically address this issue. She stated that the League of
Minnesota Cities was also contacted, and staff is waiting for their
reply. She stated that staff contacted five of the eight commun-
ities which Mr. Mullis of Sentry Security Systems recommended. She
stated that these are located across the country. Three communi-
ties have adopted restrictions after the fact, and two of the
counties do not specifically address electric fences.
Ms. Dacy stated that in reviewing the zoning map and the location
of commercial and industrial districts in relation to residential
districts, electric fences should be allowed only in industrial
districts as a special use permit and at a reasonable distance form
FRIDLEY CITY COIINCIL MEETING OF OCTOBER 3, 1994 PAGE 17
residential neighborhoods. She stated that if Council chooses to
proceed with an ordinance amendment to permit an electrically
charged fence, the petitioner should file a Zoning Text Amendment
with an application fee of $300.00 to amend the industrial district
in the �oning Code to permit electric fences. She stated that the
petitioner should also file an application for a special use permit
for the fence.
Ms. Dacy stated that staff is suggesting the following criteria be
included: (1) no electrically charged fence shall be located less
than 500 feet from any residential zoning district boundary, or
site used for residential purposes; (2) the property owner shall
submit a certificate of insurance in an amount not less than
$500,000; (3) the property owner shall sign a hold harmless
agreement indemnifying the City from any damage, loss or injury
relating to use of this fence; (4) the electrically charged fence
shall be located within a perimeter fence no less than eighteen
inches from said perimeter fence. In no case, shall an electrical
fence be the only fence on the property; (5) the electrically
charged fence must be UL approved; (6) signage shall be placed on
the fence containing a warning statement that the fence is elec-
trically charged; and (7) the fence shall be electrically charged
between 8:00 p.m. and 8:00 a.m.
Mr. Ackland, Vice President of Certified Auto Recovery, stated that
he actually had a list of stipulations similar to the ones outlined
by staff. He stated that he wanted to work out this issue with the
City to everyone's satisfaction.
Mayor Nee stated that in his mind, electrical fences are like
cattle prods.
Mr. Ackland stated that, basically, it is similar as a person would
get an electrical charge if they touched the fence. He felt that
there should be signs on the outside of the fence that warns
persons that the fence is charged and that they will receive a
shock. He stated that they are trying to deter crime and the elec-
trical fence helps in this effort. He stated that since the elec-
trical fence was installed they only had one police call over a
ten month period. Before the fence was installed, they had over
a dozen police calls in a year.
Mr. Ackland felt that the liabilities in allowing teen nights, as
discussed earlier by Council, are much greater to the City than
this electrical fence.
Councilwoman Bolkcom asked if Sentry Security Systems is aware of
any medical problems that may occur if someone comes in contact
with this electric fence.
Mr. Ackland stated that he does not have any information relating
to this issue. He stated that their national association has a
FRIDLEY CITY COIINCIL MEETING OF OCTOBER 3, 1994 PAGE 18
tremendous number of these fences installed throughout the country,
and they are effective.
Councilman Schneider stated that it seems if someone came in
contact with the fence, they would have to be trespassing. He
questioned how the City would protect themselves from liability.
Mr. Herrick stated that he believes the electric fence is similar
to those used on a farm to keep cattle from getting out. He stated
that he grew up on a farm and used to see who could hold on the
longest to the fence. He stated that if this is similar, he did
not believe there was a problem. He stated that the City would
want to make sure the technical standards are included so it would
not become too powerful. He felt that if the City requires a hold
harmless agreement and insurance and, with the City's own insurance
coverage, he did not believe there is any substantial risk.
Mr. Ackland stated that the only item he would like changed in the
criteria recommended by staff is the times when the fence could be
charged, as most businesses do not stay open until 8:00 p.m.
Ms. Dacy stated that the basis for that recommendation was the
petitioner, at the previous Council meeting, had indicated they
only charge the fence at night.
Councilman Billings stated that a zoning amendment would require
four affirmative votes of the Council. He felt that staff would
like to know if there is enough support to proceed with the
amendment process.
It was the consensus of the Council that they would support a
zoning amendment if no n�gative information was received from the
League of Minnesota Cities.
Ms. Dacy stated that she would inform the Council and the peti-
tioner when a response is received from the League of Minnesota
Cities.
6. ESTABLISH A PUBLIC HEARING FOR OCTOBER 17 1994 FOR AN
ORDINANCE MODIFYING CHAPTER 506 TO REGULATE THE PLACEMENT OF
LARGE COMMERCIAL VEHICLES ON RESIDENTIALLY ZONED PROPERTY:
MOTION by Councilman Billings to set the public hearing on this
item to modify Chapter 506 of the City Code for October 17, 1994.
Seconded by Councilman Schneider. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
7. AUTHORIZE PURCHASE AGREEMENT BETWEEN THE CITY OF FRIDLEY AND
DONALD AND CAROL DICKISON FOR THE PURCHASE OF THE PROPERTY
GENERALLY LOCATED AT 5973 THIRD STREET N.E. (WARD 3):
Ms. Dacy, Community Development Director, stated that at the last
Council meeting, the council evaluated a special use permit for
FRIDLEY CITY COIINCIL MEETING OF OCTOBER 3 1994 PAGE 19
occupancy of a building at 5973 3rd Street. She stated that this
property is zoned S-1, and the intent of this zoning district is
to return the non-residential uses to a residential use.
Ms. Dacy stated that Council, therefore, denied this special use
permit and the re-occupancy of this building and directed staff to
negotiate a purchase agreement with the owner for acquisition of
the property. She stated that Council has before them a purchase
agreement in the amount of $105,000 for acquisition of this
property.
Ms. Dacy stated that the petitioner for the special use permit,
Gary Maciej, will continue his lease agrement at his present
location.
Mr. Herrick, City Attorney, asked if the City has received a clear
title for this property.
Ms. Dacy stated that this was being arranged with Chicago TitZe,
and the closing would not be held unless this document is received.
MOTION by Councilwoman Bolkcom to authorize the City Manager to
execute the purchase agreement and closing documents with Mr. and
Mrs. Dickison to acquire the property at 5973 3rd Street N.E., as
long as the title issues are resolved. Seconded by Councilman
Schneider. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
8. RESOLUTION NO. 86-1994 DESIGNATING POLLING PLACES AND APPOIN-
TING ELECTION JUDGES FOR THE iJOVEMBER 8. 1994 CITY AND
STATEWIDE GENERAL ELECTION:
MOTION by Councilman Schneider to adopt Resolution No. 86-1994.
Seconded by Councilman Billings. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
9. APPROVE 1995 SCHOOL REFERENDUM LEVY RETURN AGREEMENTS (SCHOOL
DISTRICT NOS. 11, 13, 14 AND 1�:
Mr. Pribyl, Finance Director, stated that these agreements will
return the referendum levy monies to the school districts. He
stated that the HRA approved the agreements and, if approved by the
Council, this would be the eighth consecutive year that these
monies have been returned to the school districts. He stated that
the approximate amounts to be returned are as follows: School
District 11, $16,416; School District 13, $2,648; School District
14, $232,531; and School District 16, $59,345.
Mr. Pribyl stated that these amounts are only estimates, and these
are voluntary levies which are being returned.
Councilman Schneider felt that perhaps the Legislature should be
aware of these returns to the school district.
FRIDLSY CITY COIINCIL MEETING OF OCTOBER 3. 1994 PAGE 2Q
MOTION by Councilwoman Bolkcom to approve the agreements with
School Districts No. il, 13, 14 and 16 and authorize the appro-
priate City officials to execute same. Seconded by Councilman
Schneider. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
10. RECEIVE BIDS FOR OSBORNE ROAD SANITARY SEWER REPAIR PROJECT
NO. 249 �WARD 3�
Mr. Flora, Public Works Director, stated that bids were received
for the Osborne Road sanitary sewer repair and were considerably
higher than the budgeted amount of $60,000. He stated that he felt
the time of year limited the number of potential bidders, and a
competitive bid was not received for this project. He requested
that Council receive and reject the bids, authorize staff to revise
the plans and specifications, and re-advertise.
MOTION by Councilman Schneider to receive the following bids for
the Osborne Road Sanitary Sewer Repair, Project No. 249:
Northdale Construction
14450 Northdale Boulevard
Rogers, MN 55374 $164,891.00
Dave Perkins Contractor, Inc.
14230 Basalt Street
P.O. Box 277
Ramsey, MN 55303 $180,740.00
Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
MOTION by Councilman Schneider to reject the bids for the Osborne
Road Sanitary Sewer Repair, Project No. 249, and authorize staff
to revise the plan��and specifications and re-advertise: Seconded
by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously.
11. RECEIVE BIDS FOR THE WASHINGTON STREET WATERMAIN REPAIR
PROJECT NO. 272 (WARD 11,:
Mr. Flora, Public Works Director, stated that bids were received
for the Washington Street watermain repair, and they were over the
budgeted amount for this project. He stated that he felt the time
of year limited the number of available bidders resulting in a
higher bid. He requested that Council receive and reject the bids,
authorize staff to revise the plans and specifications, and re-
advertise.
FRIDLEY CITY COIINCIL MEETING OF OCTOBER 3. 1994 PAGB 21
MOTION by Councilwoman Bolkcom to receive the following bids for
the Washington Street Watermain Repair, Project No. 272:
Dave Perkins Contracting, Inc.
14230 Bassalt Street
Ramsey, MN 55303
Penn Contracting, Inc.
1697 Peltier Lake Drive
Centerville, MN 55038
W.B. Miller, Inc.
16765 Nutria Street
Ramsey, MN 55303
Ro-So Contracting
7137 20th Avenue N.
Centerville, MN 55038
Hydrocon, Inc.
P. O. Box 129
North Branch, MN 55056
$44,000.00
$45,475.00
$57,850.00
$68,270.00
$79,330.00
Seconded by Councilman Schneider. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
MOTION by Councilwoman Bolkcom to reject the bids for the Washing-
ton Street Watermain Repair, Project No. 272, and authorize staff
to revise the plans and specifications and re-advertise: Seconded
by Councilman Schneider. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously.
12. APPOINTMENT TO THE PARKS AND RECREATION COMMISSION:
Mayor Nee stated that it may be appropriate to advise the public
that there is a vacancy on this Commission.
Councilwoman stated that she understands there is some interest,
but no one has formally applied.
MOTION by Councilman Schneider to table and bring this item back
at staff's discretion and to advertise this vacancy through the
newspaper and cable television. Seconded by Councilwoman Bolkcom.
Councilman Billings stated several months ago, the Director of
Recreation and Natural Resources specified guidelines he felt were
appropriate, this vacancy was advertised in the Focus News and on
cable. He stated that the City received interest from only one
applicant who met those guidelines. He stated that he felt it
would be good to have a female on the Commission who had young
children and was not a resident in School District 14, so they
could get other school districts involved.
FRIDLEY CITY COIINCIL MEETING OF OCTOBER 3. 1994 PAGE 22
Mayor Nee stated that he was not aware that the vacancy had been
advertised.
Councilman Schneider stated that as a general policy, he would like
background information on the applicants. He stated that he did
recall some information on the person to which Councilman Billings
is referring.
UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and
Mayor Nee declared the motion carried unanimously.
13. INFORMAL STATUS REPORTS:
Mr. Burns, City Manager, requested that Council take action on the
following items: (1) Reschedule a meeting with Kevin Thomas; (2)
authorize the purchase of the remaining eleven personal computers;
(3) establish a public hearing for curb and gutter for the East
River Road improvement; and (4) concur with a 6:00 p.m. starting
time for the joint HRA/Council meeting on October 24, 1994.
MOTION by Councilman Schneider to reschedule the meeting with Kevin
Thomas at the discretion of the City Manager. Seconded.by Council-
woman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
MOTION by Councilwoman Bolkcom to authorize the purchase of the
remaining eleven personal computers under the State contract.
Seconded by Councilman Billings. Upon a vaice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
MOTION by Councilman Billings to concur with the recommendation of
staff for the assessment of curb and gutter for the East River Road
improvement project and direct staff to bring forth the appropriate
documents for the Council to establish a public hearing. Seconded
by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously.
MOTION by Councilwoman Bolkcom to concur with a starting time of
6: 00 p. m. for the j oint meeting of the HRA and City Council on
October 24, 1994. Seconded by Councilman Schneider. Upon a voic�
vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
Councilman Schneider stated that the newspaper should be notified
of this change in time.
14. CLAIMS•
MOTION by Councilwoman Bolkcom to authorize payment of Claim Nos.
57931 through 58157. Seconded by Councilman Schneider. Upon a
voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
FRIDLEY CITY COIINCIL MEETING OF OCTOBER 3, 1994 PAGE 23
15. LICENSES•
MOTION by Councilman Schneider to approve the license as submitted
and as on file in the License Clerk's Office. Seconded by Council-
woman Bolkcom. Upon• a voice vote, all voting aye, Mayor nee
declared the motion carried unanimously.
16. ESTIMATES•
MOTION by Councilwoman Bolkcom to approve the estimates as
submitted:
W. B. Miller, Inc.
6701 Norris Lake Road N.W.
Elk River, MN 55330
Street Reconstruction - Stinson Boulevard
Project No. ST. 1993-7
Estimate No. 4 . . . . . . . . . . . . . . . $24, 259 . 30
Seconded by Councilman Schneider. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
MOTION by Councilman Schneider to approve the following estimate
which was added to the Council's agenda:
Karlen Construction
901 125th Avenue N.E.
Blaine, NIN 55434
Commons Park Shelter
Project No. 267
Estimate No. 2 . . . . . . . . . . . . . . . $32, 082 . 55
Seconded by Councilwoman Bolkcom. Upon a voice vote, �ll voting
aye, Mayor Nee declared the motion carried unanimously.
ADJOURNMENT'
MOTION by Councilman Schneider to adjourn the meeting. Seconded
by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously and the Regular Meeting
of the Fridley City Council of October 3, 1994 adjourned at
11:10 p.m.
Respectfully submitted,
Carole Haddad William J. Nee
Secretary to the City Council Mayor
CITY OF FRIDLEY
MEMORANDOM
TO: WILLIAM W. BURNS, CITY MANAGER
FROM: RICHARD D. PRIBYL, FlNANCE DIRECTOR
WILLIAM A. CHAMPA, CITY CLERK
SUBJECT: CONTINUATION OF PUBUC HEARING FOR THE SHARX CLUB/SHARX
SPORTS BAR FOR AN INTOXICATtNC LIGIUOR LICENSE
DATE: OCTOBER 13, 1994
The Sharx Club/Shanc Sports Bar has applied for an Intoxicating Liquor License.
Pursuant to Chapter 603, Section .07, Subdivision 1 C of the Fridley City Code, we are
required to hold a public hearing before issuing this )icense. Council began the Public
Hearing at the October 3 Council meeting and decided to continue it at the October 17
meeting.
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Community De�elopment Department
PLANNING DIVISION
City of Fridley
DATE: October 13, 1994
TO: William Burns, City Manager,���
FROM:
SUBJECT:
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Barbara Dacy, Community Development Director
Revised Large Commercial Vehicle Ordinance
The City Council established Monday's meeting for a public
hearing to consider changes to Chapter 506 to regulate the
parking of large commercial vehicles on residentially-zoned
property (minutes of the previous public hearing in April are
attachedj. Since initial consideration by the City Council in
April, the following changes have been made to the ordinance
amendment:
1. The "Definition" section of Chapter 506 has been expanded to
define the types of large commercial vehicles.
2. Section 506.13 regarding parking in residential districts
�has been expanded to permit only one large vehicle having a
licensed gross weight over 12,000 pounds on residential
property.
3. Five criteria have been established in order to park a large
� commercial vehicle on residential property.
4. A permit must be obtained prior to parking a large
commercial vehicle on the property. In no case must a
vehicle be parked on the property in excess of 120 days out
of the calendar year.
5. Recreational vehicles, school buses which are parked or
stored on church properties, and large commercial vehicles
temporarily parking at hotels and motels are exempt from the
large commercial vehicle parking restrictions.
6. The effective date of the parking restrictions is March l,
1995.
7. The ordinance also provides that a violation of Section
506.13 can be considered a public nuisance and abated under
the nuisance abatement provisions in Chapter 12$.
__ -- --- -------------------�-
a�
Revised Large Commercial Vehicle Ordinance
October 13, 1994
Page 2
8. The language pertaining to parking vehicles on the street is
maintained in its original language (proposed Section
. 506.13.06).
9. Fees have been established for the required permit. It is
proposed at $10 per day or $50 for seven days.
Since the advertisement of the public hearing, Councilman
Schneider requested clarification of the applicability of the
ordinance to boats and boat trailers. In order to address this
concern, an amendment is proposed to 506.13.02 to include boats
and boat trailers as an exemption from the parking restriction.
In addition, staff is proposing to delete "trailer" from the
definition of a"large commercial vehicle". Inclusion of
"trailer" may add confusion to the applicability to boat
trailers. A trailer does not have the noise and appearance
impacts that other vehicles have. Also, remember that a
"trailer" is not a"semi-trailer", which is also defined. It was
not the original intent of the City Council's discussion to
prohibit trailers on residential property.
Further, Councilman Schneider requested clarification about the
use of Minnesota State Statute definitions and especially
' concerning the definition of a"truck". In response, it is -
proposed that the Minnesota Statute definition of "passenger
automobiles" and "pick-up trucks" be added such that the
"Definition" section clearly defines all vehicles referenced in
the ordinance.
Staff is also recommending that the word "van" be included in the
definition of a large commercial vehicle. Vans weighing in
excess of 12,000 pounds may be considered large commercial
vehicles and may have the same impacts as large trucks.
Finally, a resident has requested that Section 506.13.O1.B refer
to "a" vehicle instead of "the" vehicle. It is the resident's
concern that an owner may be able to park two different vehicles
on the property with each having a 120 day permitted period.
A summary of the proposed amendments discussed above is attached.
Staff recommends that the City Council conduct the public hearing
• and direct staff to prepare the ordinance for first reading at
the November 7, 1994 meeting with the proposed amendments.
BD/dw
M-94-617
2A
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Hopefully, you can understand and sympathize with their desire to keep such valuable �k:
property near the security of their homes.
The permit proposed in the ordinance would be inconvenient and very expensive
for most commercial vehicle owners and totally unusable for the rest. For example, a
typical owner operator is just like the rest of the working citizens of Fridley. They try to
be home whenever possible, hopefully 2 or 3 times a week. Purchasing the 7 day permit
wouldn't be possible since days they are home are not consecutive. They would have to
purchase a new 1 day pernut from the city each day they planned to be at home - if they
know in advance which days those were. Assuming they were home the maximum
allowable 120 days in a year it would cost them $1200.Q0 per year to partz in their own
driveways. Many commercial vehicle owners come home every night. The 120 day
maximum would make the permit useless for their purposes.
Whenever policy makers wrestle with the problem of nuisance property uses they
have to make aesthetic judgments. Which is more unsightly, a rusted out hulk of a car or
a well=maintained truck tractor? Is a yard crowded with cement mixers and small earth
moving machines more attractive than a single truck? Are neighbors more tolerant of a 30
foat recreational vehicle or boat that may not move for months at a time or a truck parked
overnight a few times a week?
It's that kind of subjective decision making that makes this ordinance so troubling
and why we would urge the city to look at these cases on an individual basis. By passing
this across-the-board ordinance you would be doing harm to citizens who haven't created
any problems. Their neig�bors haven't camplained, they haven't created a safety hazard
and they haven't been a nuisance. If the city would adopt a procedure to deal with
individual complaints or specific problems these people would not be harmed. A case by
case approach would also allow the city to address other types of situations similar to the
ones I mentioned above. This flexibility would a11ow judgments to be made based on the
specific location, the type of vehicie, the number of vehicles, the available remedies, and
the willingness of the property owner to cooperate with the city.
,,
If the city is unwilling to consider the first option I hope you will at least consider
modifying the pernut provisions. First, the concept of charging a resident to use their own
property on a daily basis is troubling; especially when the pernut fee is so high. I hope you
will consider lowering the fee to something less burdensome. Second, the permit time
limits are impractical. I would suggest a daily permit and an annual permit rather than a 7
day permit. There should be no limit on the number of days the annual pernut would
cover. An annual permit would a11ow the city to keep track of the vehicle owners and the
city could revoke permit for any truck owner who really did become a nuisance. If a truck
is not a"nuisance" for 120 days it is hard to image why it would be a nuisance for any
greater number of days. Finally, I think the city will find that issuing individual permits
will be an administrative burden not only for the vehicle owner but for the city as well..
In closing, I would like to sa.y that my industry certainly understands the your
desire to keep your community attractive. We would only ask that you avoid a broad
brush regulation that would unfairly penalize truck owners. Instead, we would ask that
you consider an ordinance that would treat the problem of unsightly vehicles based on the
specific problem, not on a certain class of vehicles.
Thank you. Sincerely,
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C�
Lisa Peterson
Vice President of Government Relations
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FARMERS INSURANCE GROUP OF COMPANIES
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OCT � 7 199�
AMERICA CAN DEPENO ON FARMERS
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. � (_i'l'i.-C�. ��c�C�.C-t— L�f�C`o �,C-C�tu'�C�C,i
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Z WAS SAU TCI READ SO�iE 1']:ME AGO TN THE FOCUS THAT SQME OF OUR �lEIGHBQRS [lq
�t0i LIKE TQ "LAqK" A7 T17UCKS PARKEO T�! TNE i�EIGHBURH000. I Llq �lOT HAVE
EI7MER p�lE Ai�lCl GUESS THa7 WHEN T SEE O�tE OCCASIO�lALLY T JUST pUES�!_'7 SEEM
BOTHER ME . SO�iE ARE FOR EARi+tTi+tG A LIVI�lG At�tD 50�fE" ARE JUST 1=0R PLEASURE .
SOi�E QF MY NE7:GHBpRS NAVE BOATS, LARGE VEHiCLES, i�OTq12 Hi1�iES At�D WHAT EVER
ELSE THCY CH005E i0 BUY FOR TNETR �JORK OR Et�JOY�iCi`�T. I W0�li]ER WH(�7 Et1C�t
HAPPE�tED T'0 °L]:VE A�lD L.ET L]:VE°l_la_l
TO CHARGE (� PLRSOA! i0 PARK 0�! iHCIR QWt� PR01'ER i Y SEEi�� VERY 12CSTR:CCTIVE 7'(]
�iE , E�t'ECTAI.I_Y Wt-tE�i� WE ALL ARE ALREADY PAYIfi4G �NQ��GH "f'�`�XES . WHERE WILL T�'
ALL ��'�!0 I WOi�tDER . � •
WE N�VE SO MA�lY 07M�R i�ORE 7:�iPORTAt�T 7HIfi�GS ('0 B� CU�iCER�lE[l ABOUT LIKE�- THE:
SAFE'TY 01= (]C.iR CHILGRLh! Ai�C� (3THERS, SEE�iS A WASYE 01= 7"T�fE Ar�D �5i1�l�Y 7'0 BE
GIVIi�fCa ALL Y'HTS Tl't'iE Ai�lD Ai'TEt�TSCIA! TO A FEW TRUCKS [lu�Si�!'T Tl".
LE7' THC hEW PEOPLE lJHp ARE COi�P�AIi�lI�lG FI�tD SOi�E V�U�lT'CE12 WOR1� i0 K�EP TME�f
OCGUPIED �1i�Cl THEY WUi�'7' EUEI� �lOTIGE THE TRUCKS.
I QO t�lOT HAVE Ai�Y OF THESE VEHTCLES. �
YHA�lK YqU .
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CHAI�LOTTE HALPIi�
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6405 Van Bu�en St. NE
Fridley, M1V 55432
October 12, 1994
T0: FRIDLEY CITY COUNCIL
�CT � � 199$
� _ i: s:'m �gaY��: w,rit:ing ,to e�cpre•ss my� oppos�ition to the proposed vehicle parking change `
• re�ga�rding��parking commercial:vehicies on.one-_'s own property. A copy of what I wrote
you:�in!April, 1994 is on the back of this letter.
As a::residenb of Fridley and sti11.NOT owning a truck or RV, I feel whether I look
at:a neighbor's 60.' RV, truck-tractor, or delivery truck, what's the difference?
They're all big:, all obstruct your view & none are particularly attractive. However-
some are needed for someone's livelihood - one is a luxury (that not ali of us are
fortunate enough to own). Is this a stepping stone to even further regulations on
our private p-roperty? Where does it end? In my opinion it sounds unfair and
discrimina.tory - a.•rather;smal,l:segment of our population is being targeted.
Ple�se don't impose fux.ther hardships on t�e�small businessowner. To pay for parking
on:your:own :prpperty is horrible! If my information is correct the city has
re:cei�ved ve.ry;.few comp-laints:annually. :,I�!_public safety was a factor, that might
.' be�.�a� d�i�f�er,ent;: story. I haven't heard that mentioned.
__. w_ : 1�A�tlea�it: ,�le�`re*• cvrr�nt �businessowners:!aione, they have made financial commitments
'' ;`:. be,la�v�.ngt .they��we'r'ec 2n `�ompliance_ wi��* regulations when they decided`� to go into "
' bus3'ness . As� =for. those--who �.�ought.- property in a� area where someone already
� par�C�ed: a:truck,r.�hey have` �on1y- t�emselve's to blame/thank. If the truck is such
_.. ,_ , an- eyesoie� now,! i�t must have at <lea�t-�been visible at the time they purchased.
. _. �
;'.�c :� u� r: �I<t� ;i�s �a � shame some �cant:: expe�d`�so much� energy to make life miserable � for their
`-_ �:<'a ��e-3�>1•ow_ man t°and .for��heir �own selfi�h� reasons. Live and let live. Leave the
ordinance as is.
Sincerely,
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SHIRLEY SW TZER ��
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6405 Van Buren St. VE
Eridley, ;1N. 55432
(�pril 20, 199�
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T0: CITY OE FRIDLEY CITY COL'NCIL
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RE: Proposed ordinance regarding truck parking.
NOT having a truck or an RV, I have no ax to grind on this issue other than that of
being a Fridley resident. In fairness, I feel this should be an "all or nothing"
decision. If you are going to ban/restrict a vehicle someone needs to try to make
a Living then apply the same regulations to all RV's, boats, snowmobiles, etc. As
one person expressed at the meeting 4-18-94, it would be nice if this were a perfect
world, but it is not. I like a nice, neat neighborhood as much as anyone but I don't
see where I have the right to impose MY idea of an eyesore or junk oa anyone eZse.
AND MOST OF ALL WE DON'T NEED ANY MORE GOVERNMENT REGULATIONS TIGHTENING THE NOOSE
AROUND OUR NECKS!
I was happy to hear a few of the speakers at the meeting were inteZligent and level
headed enough to see this for what it really is - a squabble between neighbors. I was
saddened by the selfish, "me-first" mentality of many RV owners. When they found out
they were not affected they were quick to throw the working truck drivers to the wolves!
An RV, boat, etc. are expensive Luxuries you have by choice. A truck for the small
lxusinessowner is a necessity for doing business. They already have enough Federal/
3
State regulations to follow without adding another. Seems easy to figure out that
we, the consumers, ultimately will pay for the added costs if these businessowners
have to pay storage and other related costs including (in all probability) higher
insurance _•pFemiums because of the vandalism.
I a�,plau� �':i, �ZZ�i:ibE fC: :115 CiL'�5�1�_^.S 2� ttiit.' �;�_'^v�P.?;1.?lb 3?!�! ;?1S rerr3r.k.5 at the
end of the meeting. I'm sorry, but I don't have the same feelings for Mr. Schneider.
I feel his repeated question to the RV owners that if they were exempt would they support
this ordinance. I don't recall ANY of them saying "no" - thus making it seem there
was more support. I don't recall his asking any truck driver if they would support
this if the RV's were included!
I think the first woman from the audience to speak summed it up very well "we really
opened a can of worms on this one!". I also wonder what it cost the taxpayers for
the time expended by city employees to investigate and gather together all the information
presented -- and to then have it so easily shot full of holes.
Sincerely,
Shirley Switzer
PROPOSED AMENDMENTS TO REVISION OF CHAPTER 506
1. Add definition of passenger automobile before definition of
"Residential District":,
4. Passenger Automobile
"Passenger automobile" means any motor vehicle desictned and
used for the carr�ing of not more than 15 persons includinct
the driver, and does not include motorcycles, motor
scooters, and buses as defined herein.
2. Add definition of "Pickup Truck" after passenger automobile:
5. Pickup Truck.
"Pickup truck" means any truck with a manufacturer's nominal
rated carryinct capacity of three-fourths ton or less and
commonly known as a pickuA truck.
3. Renumber remaining definitions up to definition of
"Vehicle".
4. Add definition of "Van" before definition of "Vehicle".
12. Van.
"Van" means any vehicle of box like desicLn with no barrier
or separation between the operator's area, and the remainder
of the cargo carryina area, and with a manufacturer's
nominal rating capacitv of three-fourths ton or less.
5. Change 506.13.01 B., third sentence to:
"In no case shall �e a vehicle be parked on the
property..."
6. Change 506.13.02 to read:
"Recreational vehicles as defined in Minnesota State
Statutes 168.011, Subdivision 25, boats, and boat trailers
are exempt from the provisions of Section 506.13.OI."
7. Refer to Minnesota State Statutes in definiti,ons of
manufactured home, travel trailer, and truck.
8. In 11.10 add the word "large" so that it reads "Large
Commercial Vehicle Parking on Residential Property".
9. Delete "trailer" and add "van" to the definition of "Large
Commercial Vehicle", 506.02.02.
:
ORDINANCE NO.
AN ORDINANCE RECODIFYINC THE FRIDLEY CITY
CODE, CHAPTER 506�.ENTITLED ��VEHICLE
PARRING��, BY AMENDING SECTION 506.02,
��DEFINITIONS��, AND 506.13, ��PARRING IN
RESIDENTIAL DISTRICTS��; AND CHAPTER 128,
ENTITLED ��ABATEMENT OF EXTERIOR PUBLiC
NIIISANCES��, BY AMENDING SECTION 128.02,
��APPLICATION"; AND CHAPTER 11, ENTITLED
��GENERAL PROVISIONS AND FEE3��, BY AMENDING
SECTION 11.10, ��FEES", AND RENUMBERING THE
REMAINING 3ECTIONS CONSECIITIVELY
The Council of the City of Fridley does hereby ordain as follows:
506. VEHICLE PARKING
506.02. DEFINITIONS
1. Bus
nt���-sie�--9-:"Bus" means every motor vehicle designed for�
carrying more than 15 passengers includinq the driver, and used
for transporting persons.
2. Larqe Commercial Vehicle.
A truck truck-tractor tractor trailer semi-trailer or bus as
defined herein having a licensed gross vehicle weiqht over 12,000
pounds.
�-3. ��o��e-nc��� ��a u�„�� "'�a-r�e=Manufactured Home; Park
Trailer; Travel Trailer
-'x-68 : � � o.,i..a � n �
ja� "Manufactured home" has the meanina given it in section
327.31, subdivision 6.
_� "Park trailer" means a trailer that:
1Z exceeds eiqht feet in width but is no larger than
400 square feet when the collapsible com,ponents
are fullv extended or at maximum horizontal width,
and
2� is used as tem�orary livinci quarters. "Park
trailer" does not included a manufactured home.
ZC
Vehicle Parking Ordinance
Page 2
�"Travel trailer" means a trailer mounted on wheels,
that•
� is designed to provide temporary living quarters
during recreation, campina or travel;
21 does not reauire a special highway movement permit
based on its si2e or weight when towed by a motor
vehicle; and
31 complies with sections 169.80, subdivision 2, and
169.81, subdivision 2.
3-4. Residential District.
Means and includes those areas zoned single family dwelling
areas, two family areas, and general multiple family areas jRef.
552). �
�:5. Semi-trailer.
n���s�e�—�4."Semi-trailer" means a vehicle of the•trailer type
so desictned and used in conj unction with a truck-tractDr that a
considerable Qart of its own weight or�that of its load rests ,
upon and is carried by the truck-tractor and shall include a�
trailer drawn by a truck-tractor semitrailer combination.
�6. Tractor.
��a�i�re�-3�"Tractor" means any motor vehicle desianed or used
for drawing other vehicles but having no provision for carryinct
loads independently.
6:7. Trailer.
vcnzc—�r.r� *R �------ ccr{oc-.r'Q@��`i�e•.• ' c o� n� �_
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°•�'�a�-�����~ "."Trailer" means any vehicle designed for carryinct
property or passencter on its own structure and for beinq drawn bv
a motor vehicle but shall not include a trailer drawn by a truck-
tractor semitrailer combination or an auxiliarv axle on a motor
vehicle which carries a portion of the weictht of the motor
vehicle to which it is attached.
2D
Vehicle Parking Ordinance
Page 3
�8. Truck.
n�����-1�-:-"Truck" means any motor vehicle desiqned and used
for carrying things other than passengers, except pickug trucks
and vans included within the definition of passenaer automobile
in subdivision 7.
S-:9. Truck-�=tractor.
n��a�is�-e�--3�-: "Truck-tractor" means: �
�al a motor vehicle designed and used primarily for drawing
other vehicles and not constructed to carry a load
other than a part of the weiaht of the vehicle and load
drawn; and
Sb1 a motor vehicle designed and used primarily for drawinq
other vehicles used exclusively for transporting motor
vehicles and capable of carrying motor vehicles on its
own structure.
�--10. Vehicle.
. ."Motor Vehicle" means any self-pr.opelled
vehicle not operated exclusively upon railroad tracks and anv
vehicle propelled or drawn by a self-propelled vehicle and
includes vehicles known as trackless trolleys which are propelled
by electric power obtained from overhead trolley wires but not
operated upon rails, except snowmobiles, manufactured homes, nark
trailers, and all-terrain vehicles.
506.13. PARKING IN RESIDENTIAL DISTRICTS
E-6i�-�ea�e-��a�r�g--a--�i�ttGk-�-3��6r � =g„r; -
, , , ,
'�%E�SL�"'��eGG ::`?'��� 6'V� � 6�iii�� 'w'�icLizc=-�i-�""'cazac�-�=
�ki���il��-�}�e-��e'--5�-��2�5 in �njr -=_i��nti=� a=-{-=--{-
s ��� r == �e�--e��e-�reees�-a��-�e 1-a�d--e��-ea�d�I�e�-:-5-��7-.43�-
1. One larae commercial vehicle having a licensed gross vehicle
weiaht over 12,000 pounds may be parked on property in any
residential district provided it meets the followinq
requirements. In no circumstances mav more than one larae
commercial vehicle be parked on residentially zoned
propertv.
2E
Vehicle Parking Ordinance
Page 4
A. The vehicle owner must reside on the propertv.
B. The vehicle owner must obtain a permit from the Fridlev
� Police Department prior to parking the vehicle on the
propertY The permit is valid for a maximum of seven
consecutive days at which time the vehicle must be
removed from the propert.y or another permit is
obtained. In no case shall the vehicle be parked on
the �ro�erty in excess of one hundred twentv (120) davs
per calendar vear No permit shall be valid unless it
is clearly visible from the public riQht of way and is
clearlv displayed upon the �ermitted vehicle.
C. The vehicle shall be �arked on a hardsurface drivewav
in compliance with the agplicable zoning district
requirements. �
D. Noise from idling the enqine or startinq the vehicle
shall not exceed the decibel levels provided for in
Chapter 124 of the Fridley Citv Code.
E. The permitted vehicle sha1Z be parked at least ten (10)
feet from any.Qroperty,line.
2. Recreational vehicles as defined in Minnesota State Statutes
168.�11 Subdivision 25 are exempt from the provisions:of
Section 506.13.01.
3.
4.
Larqe commercial vehicles parked at hotels and motels as
defined in Chaptex 205 of the Fridley Zoninq Code are exempt
from the provisions of this Section 50b.13.01._
5. Larcre commercial vehicles not in compliance with the
provisions of this Chapter shall be remaved from the
property by March 1, 1995 Larcie commercial vehicles parked
in violation of Chapter 506 shail be considered a public
nuisance and mav be abated as provided in Chapter 128._
6. No person shall �ark or leave standing a truck tractor,
semi-trailer bus manufactured home, park trailer, travel
trailer, or truck having a licensed qross weight over 12,000
pounds whether attended or unattended upon the public
streets in anv residential district unless in the process of
loading or unloading and then only for such period of time
necessarv to load or unload (Ref. 552, 741L
2F
Vehicle Parking Ordinance
Page 5
128. ABATEMENT OF EXTERIOR PUBLIC NUISANCES
128.02. APPLICATION
This Chapter shall apply to the abatement of public nuisances
maintained exterior �o the principal structure involving junk
vehicles (as defined in Chapter 123), large commercial vehicles
having a uross licensed weicjht over 12,000 pounds, which are in
violation of the provisions of ChaQter 506, and outside storage
of materials and equipment including, but not limited to, dis-
used machinery, household appliances and furnishings, tires,
automotive parts, scrap metal, lumber, and all other materials
deemed to create an exterior public nuisances as described in
128.01.
11. GENERAL PROVISIONS AND FEES
11.10. FEES
License and permit fees shall be as follows:
CODE SUBJECT FEE
506 Commercial Vehicle $10/day or S50 for 7
Parkinq on Residential daYs-
Propertv
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY
THIS DAY OF , 1994.
ATTEST:
WILLIAM A. CHAMPA - CITY CLERK
Public Hearing:
First Reading:
Second Reading
Publication:
2G
WILLIAM J. NEE - MAYOR
. �� FRIDLEY CITY COIINCIL�MEETING Oi� APRIL 1.1994 "' �FAGE 2
� � The• Cit� .Council we�c_omed. these new employ�es' .to the -City_ _ �..
.: ." . . O�'Ehi� F`ORUM,..'VFSITORS�'.-'- . . " ".• - . ..' .. : - " •• /'. . . .. - : � - - ' .
_ - :�: ;�I�'- :����.renc�• The.i��n. �11-:�63�� :ir1 � �e'd-=� '' � ].�'ex�n�e�-ii � - .
.~ ... �_ . . :ci:� .ay�,;`_v�a���� - - ,Seye�a �; .... . s:. : �� -
. • . -s'Eat�d� �lia�.'�fii� �o�me .'wars•�-lir�k�ii�=in�o�',sefie�a2•:;ye-ars�:":aqv�-ev;ei�.though. . �
- - . � • �he� hac�� rioti�fied �e: �Po�ic� � ITepartnt�.�•that. -he -wo�i�c� � b:e �away: �: �'He' � - � .
�.- stated.that over a y.ear ago_,.Po c� Department personnel.f�llowed
tiim to�. his� home � after leavip �he liquor �store. He stated � that
this was reported to liquo�store personnel, but nothing was ever
done. He stated that-%he was also concerned witfi people not
observing traffic signals.
- �
Councilwoman Jorg son advised Mr. Theisen that•it would have been
. .. _ �_-.:.he�-pfu��-,i..�:-t . s.e. i�eu(S:-.�iad- beeh :brot�ght :to. °the.� Co�nci��.s .2it�erit�iorc =�.: :: ..-
. . . -4spQnear: �v:_� a�-�=:�X-_�coul�d_:i���re:.bee�'-cheek�d�.::�-; . - � - . . �-Y'� .. .
.. � ' Coiiri � ��r$ri =Schriei'd�r� ��s�Ce�i `Mr - - - - - - -` ° "
:t . �T�ieise����tq� �fo�iaarcl� his�: abn�ern5; �' 1n '
. _ w�ing,. : to , t}i�e- .Cout�cil�. ; At� - that .ti�ne - they-.:: would� be � "revieraed. . . � �
PUBLIC �iEARINGS:. _
2. PUBLIC HEARING ON AN ORDINANCE RECODIFYING THE FRIDLEY CITY
_ CODE CHAPTER 506 ENTiTLED "VEHICLE PARKING " BY AMENDING
' SECTION 506.13 "PARKING IN RESIDENTIAL DISTRICTS:"
MOTION by Councilman Billings to waive the-reading of the public
hearing notice and open the public hearing. Seconded by Council-
woman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Ter;i
Schneider declared the motion carried unanimously and the public
hearing opened at 7:55 p.m.
Mayor Pro Tem Schneider stated that this public hearing is on a
proposed ordinance amendment. He stated that the purpose of this
hearing is to receive input from the public and hear arguments for
or against this proposed amendment_ He stated that no action would
be taken this evening on the proposed ordinance amendment.
Mayor Pro Tem Schneider stated that staff would present a report
on this amendment, with an opportunity for the Council to as}:
questions after staff's presentation. He stated that this issu�
would then be open for the public to as� any questions and the;�
co�nmen"ts for or against the prcpos2d ordinance anendment caould be
heard_
MO`I'ION by Councilman �3illings to receiv� a let�er i�-om rrs�i�•
Ostlund, 1453 G4th Avenue, dated April 4, 1994. Seconded i:��•.�
Councilwoman Jorgenson_ Upon a voice vote, al1 voting aye, t•'ayo�
F'ro Tem Schneider declared the motion carried unanimously.
MO`PION by Councilwoman Jorgenson to receive letters irom O,ivid
Vant, 7555 Van f3uren Street, dated April 12, 1994; +Jcs�nis and
2H
f
' ; � � . FRIDLEY� C�TY .COUNCIL. MSETING-OF�•APRIL. 18',-•.1994• � ' ' � PAGE 3 ' � �
' • Kathle�n Webber, -1.371 75th Averiue; dat�d, April_ 10, �1994; and Meiv_in � -
. ' : I-ferrmanri.,.. �:278 Mercury.' .Dxiv-e., �.dated= Apri1 .:18,.; 1934: �,-.=Seconded-�. b�.. .�.
- - - -:� _�Couricilwomaii-•-,$ol�CCb�: .:_: -Upom.� ��a��_ voi:ce °vo��, :..akl ��:�oting'•��y�; : �Ma�or-'..- •:��' � � ....
� � � .. .'� Pro-:�Tem Schneid�r��dec�ar.ed:��t2ie=mot�ai-i.�:cax'zi.ed�•�unani�ousl'y.;:::�; •: ��:".'"-' � . �
' . �Y'' `• _ !�� >;• �)�.' _ • t � .J' � ... . . _ _ ,
- � : � �Ms.. �Dac � =C:orcIIiiiiiai�� = be:cte.�o "nt�nt �'D.i�'ectiir� `S-ta�ted r-tiia�'-szX=�'to����t'���ri . - �
.Y-..- . Y=. . P ,� . e.
. - . -- � = 'time's �� per'-:year.. sta�f `=r-.eCeiyes° coinplaints..:about- =1ar.g�:- _�r-ehicl�e�-�•�.bri- -'��- : �`��• ..
��.. private property. "�.- She� .stated t,li.at- these. �compl"a�nt5_�rel.ate�, to� �
�� noise, size and conflict with.the single�family areas: She stated`
that mast of these vehicles have a diesel engine, and there are
noise and odors associated with .these.engines. She_stated tha.t
.
sometimes there 'i.s a visual obstruction•because of �he size of the
vehicle, which may take up an entire driveway. She stated that
some of the vehicles may be used as an illegal home occupat?on.
_ - � =Ms =:�-.: �Dae. •.s�ated• �-t a�.,-t :is: = -.o ase . :ameiidme s`� t�. •C�ia �er � U 6 ` � o � �
.:; : - ?'`:: _�? . .. �: = P�' F. � - �` -?�:. - P - -�, _
. .�. . . . . .. _ . _ . . ..
::.:. ::_�. •-::=- = -= - - �_ -. �.- -
_ - -� :the�� C�ty,_ _Code�-_and= :cantairi.s:� a:-va�ie.t�;:�o�:-i�s�uies: �re ardit��,�':saf:et � :_:.::.-. �.. , _ .
. .. g � _ . Y.
� - . _ � She�•��stat�ci =tha�:•-�SeCtiori�- 506':1:�--°c�int�3:ri$:;�2�n�ciage:.:•tii�t: =prahibi:ts. �
� pazking � o�- �iehzcles :over .:12, OUO':pounds:. on =�the� s�tr�et: : �: �she: .st,ated
�� - that � some communiti�s p�oh�bit parking � not.��:only on the stre.et, but �. -�
� private.: property... In. .some...cities, there..may . be .a 10, 000 p.ound
limi.t. - Ms.. Dacy �also �stated .that currentl-y there" is no�� langizage
within Section 506.13 of the Code that addresses parking of large
- vehicles on private properties in residential dist:.icts.
. Ms. Dacy stated that the relevant definitions for terms used in the
.� vehicle par�cing code are set forth at the lieginnins� of CYiapter 506
of the City Code. She stated that these definitions are important
to this issue since only those vehicles identified by �the
definitions are subject to the requirements of Section �06.13. She
stated that the definitions reference state statues which define
the vehicles. Ms. Dacy then reviewed the statutory definitions of
a mobile home, house trailer, tractor, truck, semitrailer, and bus_
Ms. Dacy stated that the intent of the proposed ordinance is to
prahibit vehicles over 12,000 pounds of weight on private property,
and the other portion of the ordinance would limit residents to
storing one vehicle on the property if its licensed gross vehicle
weight is between 3,001 and 12,000 pounds. She stated that it has
been dztermined that the 3,000 pound limit is too low, and this
minimum should be increased to 6,001 pounds.
i�is_ Dacy stated. that some of the owners of J_arger truc}:s ielt they
should be grandfathered in, and that this nroposed ordinance should
not apply to tiiem_ Stle stated that �he Cit}- rittorney i�as �evie::�ed
this issue, and the qr.andfather claLSe applies only to zoninq code
provisions_
Ms_ Dacy stated that this proposed ordinance ameiidment was not
intended to include recreational vehicles _ She stat.cd that th�
ordinance could possibly be interpreted t� read Lhat, recreational
vehicles are covered by this amendment due to the mz3nner_ in which
2�
� . • �'RIDLEY �CITY �COIINCIL MEETING .OF APRII�- 18, . 199�i . PAGE 4� - •
the ��stattite defin�es the terms. She stated � that " recreational -
__ �. vehicle.s.�.�cou�ld: be : excTuded - from -_ �h�: �ro.posed� or.dir�ance ' amendmertt � _
� � , �bx �:e.�l:imi-nat%ng house trai�,e�t-s. �and,_mo1Z�lE hqm�s."-frc�m --�the•'"list •Of . •• _ - "
: = defiried� vehiCles or-:-adding other..lang�iage;.to��exclude:such :�ei���les��- ._�-
_ � . .. .
=��oi� .t�?.�e":Par�i�i+g :�estri:��i�vri :on::Pr�vate.:--LS�ope�'t�.es. . °:'� •' �:-r� •- . . .
-,.. � . .� - • .. � � -.. - '. .. . . ' - - -- ' �
, � �� i�s_ �`�D�cy stated-- that� t�[ere was-�a'�concerri �about�-th� r�fererice�-to'.th,� _ �. : � "
wei:ght.of vehicles and if:r�creational vehicles over 12,000.po�nds
would be _ allowed -to Yie �parked on private property: She stated -that � �
the point to be discussed is if the weight.restriction should apply
to residential properties. � - �
Councilman. Billings questioned if" there were only six to ten
complaints per yeaz, how the issue got to this point. He asked how
. . . . _ . many: ac3mplair�ts-_:Were =fvr: v�hiGles: =over:_.:12�;-OUD:=�ounds`-�ti 'we�ii�iit:=�-`-- �''
_ - - .� �_�;_= _ - _ - _ - �� --� - - - - - . - . .
Ms . Dacyt� ��tated, that. :':�here-�` �e.re • ttav . .sp.eC�f ic:. �roperty: ..cpiuplaints
- ` `- that' ;�gerierated� �-'staff`��""resear�h;�.�':�;and:`• �th�.s "iaas`��=_b-r�ught ::to �tf�'e �. .
.� . -Council's -..��atterit�,ort:.:- _`- -=. She.;::stated-,- that= _�t�i�-.= maj:ority-- q�--; the� °°-. . .
' complaints pertained to� the �l�rger .tnieks.� - � � � � � �� �
Mr. Barg, Code Enforcement Officer, stated. that the number�of
comp2aints is an estimate since no record of these calls exists
_ unless the complainant alleges the vehicle to be unlicensed and/or
- inoperable. He stated that_.if the vehicle is licensed and
. operable, there is no further action, as the .vehicle is in
compliance with the current code_ � - �. . � - `- �
Ms. Lynn Gasparro, 1604 Briardale Road, asked if boats and trailers
were included in this ordinance.
Ms. Dacy stated that boats and trailers are not included.
Mr. Quentin Freeburg, 301 Rice Creek Terrace, stated that there
were a number of churches that maintain buses on their properties,
and he asked if they would be affected by this ordinance amendment.
Ms. Dacy stated that churches would be subject to this proposed
ainendmeni because there is reference to residential property_
rir_ Freeburg asked what was meant by visual obstruction.
�is_ Dacy stated that if there are several large trucks parked in
a driveway, there is visual obstruction for neighbors who cannot
s�.� to bac}: out of t}ieir driveways.
r1�. Freeburq as}:ed i£ there was not some other way to handlc these
complaints_
Ms _ Dacy stated an ordinance that could possibly apply would be ttze
jun�: vetli_cle ordinance; however, if ti�e owner ma}:es sure tkle
vehicle is in an operabZe condition, it is not a junk vetlicle_
2J
�
. . _
. . . . .. - . • - - -
. .
�. FRIDLEY CITY�COQNCTL MEETIN�-OF �PR�L 18: 1994 -� PAGE 5
. . � She �� stated • that �he "ot�tier :.qrdinanc� that: ,may . appl-y � would . be. �-an� �
.�,_ . - - _:v - .
.. .. : �a=itien. in �fit-•_to:=th "e 'iiome:;oc� ati�on o.rdi anc�: �ot► 'wYia��-� 'es �f _ ehi>cle. ."
.. � � . . . . YP . .. .
��. . .. . P . . .. ?� .. . . , . . . .
���� -�� - � - activit � � � - . � . • - �� � � -
, -:, . y.�.?aou�ci��.be''allowed.=-an=_t�he:.pro�erty."�,_- �: _ . - , � , . . . .
. -_:: ' . _ , - ,�: - _ . , _ � . - .;: ' _ .. - -
. -`���.��. ..�Mr:��Fd"�Tti�y�`.;:�frfi26'-��oVer.":��'�cE;''s�ated-�iii��=:�t�ie�e=:i�:'np 'e�u�es�iori=•• _
� _ . .:�tnis��:�rai�r�a�ce. wou�:�:- inc�ua�5 x;ecrea��iAnai�;�vehi�les-;.,-a5�..t.hey, .weigh:-:.�:•�� -. . .
- .-. - over `12,000 pound�. -. _ ' - " _ - . - . . . _ . ; . . . • . .
Ms. Dacy stated �that the intent was not to iriciude recreational
v.ehicles. If this is the way it.is interpreted, the wording should
be changed.. - . -
Mr_ Le2 Switzer, 5870 7th Street, asked 'i�f he and a trailer, - in
v.iolation . of. �the _ proposed ordinance if „he, ha:d .a . dwnp �ruck and _ the
' " .tr�il�r is an �E c2ass.�,.iicat�on::' �:He, -stat�d that :the �kwo had � to 'go' -. -
- ' .�-'toi�Es�fiL�' . � - ' _ - . - - - ` - ..
i � � � Ms Daey � � stated , that : this wo�l'd � .�have ,:�to:� ..-be ciar `if ied � zn : ` the � `• ::: �- �-� �
- . ' _ �-.o'rd'inan�e. • -. _ - . _ . . _ . . : � - _ .. - �. . � . . , ..
Mayor Rro Tem Schneider stated that.the-way it.is now worded, he
would be in violation_� �
. Mr. James Dawson, 6360 Van Buren ,Street, stated that he just
purchased a recreational vehicle that wei,ghs 15,000 pounds. He
_ stated that if he had to store it,,the cost.would_be between �75
to $100 per month. � � �
Mr. Warren PauTson, 6881 Highway 65, stated that he is the owner
of the Budget Host Motel, and his property and the Insurance Mart
and Knights of Columbus Hall are zoned residential. He stated that
if this ordinance is adopted, he would need a special use permit
in order to remain in business_
`.
Ms. Dacy stated, in essence, that these properties are commercial
even though they have an R-3 zoning. She stated that to apply this
ordinance to these particular properties would not be appropriate.
Mr_ Dave Sinigaglio, 4875 3rd Street, commented about the road
restrictions in the City.
Mr_ t�taynard Edson, 5190 Buchanan St_reet, stated that 12,000 pounds
is not much weignt, and he felt it is very restrictive. He felt
that if the minir�um was changed from 3,000 pounds to 6,000 pounds;
the license classifications would also need to be changed_
Mr_ Dic}: `i'homasson, 7498 Jackson Street, stated that he has a
recreational vehicle, but if he is restricted to 12,000 pounds, he
would be in violation of ttlis proposed ordinance_
Mr. Fienry Zimmer, 4021 California Street, a�ked if a tool van would
be covered under this proposed ordinance_
2K
FRIDLEY CITY COIINCIL MEETZNG OF APi2IL 18, 1994' =•PAGE 6 -
� . Ma.yor. Pro T�tn Schneider sta�ted �hat �s the ordinance _ is written; -.
�-::. . �-..� -.v x�ot •�;ic3��rie� � _". ._ ' �� - • ' -� . . . . . . . - • - •. �.
. . ans�,-�a`re _ ' - . . . . : . ...:
� . �. . .. , �Mr�.`� TY�eiseri, :.'111-.•63."rd.: Aveniie;� 'stated � �hat� �Yie:. has .a�: pickup `whi�ti -• -
� .we.i'� s;;'8••' 0 i�ii '- - - - - • • - . - � . -.. _ .
. . . � ..� P- ��ds,'..-anci-:a-:3�5"�:fgo�, .g�:�t�"�;viiee� -txai�er=.-w�L�l�r i:s:�_a:. .
� -. . • . D : clas:s�i f f cat�,oi% . and''weiqt�s - =no"tnore- tha.n -.9',,000. � :pourids; ���- .i�ie� wa7nted '.:: �` :-_ ". �' -
' � . � � to krrow i�f -tie�`:could- par�C these_�"'in_-iiis� driveway. � �� .� � . .. � " - � � - �
Mayor Pro�Tem Schneider stated that as the proposed orclinance is
written, he could not.
I Ms. Agnes Mihalow, 5411 Madison Street, stated that with only two
complaints received by the-City, this certainly has opened a"can
. of worms," and.she felt it did not need to be done. .
. Mr: Don -GQ�il�o;� =�3-61.=�5.t];r��:A�eriue�t::;vaieed:�-h3s'=�ciri�c�rri a�outr��-C�ck:s�-"�:�:
p�r.ked� �;.'the,;driv��,tax:_-at �371;.. =?5�h' Av�n�ze:.-� : He�; •s'tat�ed�;;tiiat.. t'.k�ese .:,
_ trucks are': sta�t-t�d. -evse�ry`'3aorn%ng�`Y���tween '-5�: 30' a�=m; and:.:7.:30�::�...�m. ;.'-.•-`
.� - and -�he�. noise from.� tiie .-diesel-. engines: vibra�t�s� his�_ whole� :hoiise. ..
He stated that � one family- in the area� has- to 'use fans in their �
� bedrooms due to :the.noise:� H�-stated that he did:not-like these
commercial trucks in the.neighborhood. He aIso said that he eannot
see to the end of.the block_
Mr. Gonko played a cassette tape of what he hears every morning
when the trucks are started.""��-�ie stated that he did not say
.anything when there was only one truck, but now there are two:_ He
wondered if there would be more in the future. ���` �
Mr. Gonko presented a petition for removal of these trucks from the
neighborhood.
MOTION by Councilwoman Jorgenson to receive Petition No. 2.
Seconded by Councilman Billings. Upon a voice vote, all voting
aye, Mayor Pro Tem Schneider declared the motion carried
unanimously.
Mr. Quentin Freeburg, 301 Rice Creek Terrace, felt that there were
not a lot of complaints about commercial vehicles. Possibiy these
could be handled by a less restrictive means and the City could
leave the ordinance as it no*.a exists_
i��ayor Pro Te:n Schneider stated that the e�:isting ordinances do no�:
provide the 'tools to address these issues_
Mr. Willard Rastensen, 1541 Rice Creek F�oad, ;tated that in his
n�ighborhood, a neiqhbor starts his truc}: at 5:00 a_m_ and le�s it
warm up 15 to 2o minutes_ He felt that commercial truc}:s should
not be tolerated in a residential area_ He stated thaY one of the
vehicles in question itas not been moved for years, and it creates
an eyesore and devalues property. He stated that at any tir�e, his
neiqhbor can bring in any type of truck even thouqh it blocks his
view_ htr. Kastensen spoke in favor of tt�e ordinance.
2L
�.. FRID-L•EY CITY COUNCIL MEETIN� OF A�PRIL 18, 1994" :- •� ' P�GE • 7 �.
. • - � Mr.� �Da�rell_..Cedarholrii, .1551 ..Rijce �. Creek" .Road,� - stated - �hat � he � -
. . , ,- :s�trong�.y .sup�por�s-,the: �ra.posei�;=.ordin�lice::; • He..stated that ' he= has: •
. . � . � : '. �=.•1'ived`.'.�n�� �'ridle�•: .for� �seyent�en y�ars�.�arid :}crrew :the�re �i�iere':l'��ge; '. '-- � .
�. � . trucks � in. �hi`s� `'ne:igftborY#ood' wherr �� ,purchased� .his -�.proper.ty�:.::: :He� -• �� _- �. ��
� - ::tir.i�r��ctl�t-;�:.�s�,t�itec�;=�-�zxa�ey,._ :��a. .��.. �ord.�:xiaii�e.:.- �i�=.�:�xaili:i?it = the� � '
:,,, .. .
' � � . - • - �.cotum�rci.al; ��ie�ii,�cfi+es iir�a''resident7al• aYea',� ''He: �tated'. �itiat"=t1ie � SS�e;�' -
� - � • -�= af'tZie:;uehicles- caii'��e�ve,ry=intia��dafirig,-'and�tfiey.-:create �txo�se .��ira�ci�� � ��. .
� a.ir p.o�llution. � Mr;. Cedarholm.,sta�ed that .at one: time the. situa�ion �
was sa bad �that -�he Police: Department was called- ���t�Ttien they came ��
into the house, their eXes burned. He stated that safety is
another issue, as Rice. Creek Road is a resident�al cQllector
street. He felt- that a person -should not� be� able to operate a
large trucking business in a residential area, and he did not
understand_ why surrounding communities had ordinances protecting
. : .._... :the�:�r = resideri�s:. but__.�ridi;��� did.-ng.t.,. _,. �... ��.._:.-• � � � •�- - -
_ {.. . : . . .�, _
.. - - ��•= -���� - =-, - -
� Mr:. . �James:`�Sommers�� -.6221��--6f.ii='�Stree�; �:stated`:tli�t `:lie.�has:.-li�ied� :iii� -
.::. . _. . ... .. . .. ..
. � � -=Frid-ley-•�for`���tti��;=�e�rs�}=:�:M'�as�:.Qrf,--the-�time ��aS,=-hac�-`,�a��amp�r:`iiu:t::
. •: ...ti�ver., :a. �comp�Ta-int:- :.`:He fe�t -:that�.mos�: �af�'.tiie. �a�ipers �:ar�- iii� , .
�" people's� b�ck yards and out� of sight=: He �elt �that��tiie �issue of "�
campers and...Iarge �:conunercial trucks should be separated. .
Ms. Dolores Kastensen, 1541 Rice Creek Road, presented a petition
in favor of this proposed ordinance. -
MOTION by Councilwoman Jorgenson to receive Petition No. 3.
Seconded by �ouncilwoman Bolkcom. Upon-a voice-vote, all voting
aye, Mayor Pro Tem Schneider declared the motion car�'ied
unanimously.
bis. Kastensen stated that the City allows the privilege of
industrial vehicles to park on residential property and streets.
She stated that this is abuse, which results in air pollution and
disruption of lifestyle. She stated that she must keep her windows
closed due to the pollution from the diesel engines of the
commercial vehicles parked on her neighbor's property. She stated
that this also devaiues property and creates a stigma by allowing
parking of those vehicles in a residential area. She stated that
the taxes she pays are for residential living, not for industrial
living.
���s_ Kastensen stated that some truck operators feel this proposed
ordinance may mean a change for them_ She stated that in the nar.:e
c� proqress or betterment of the community, everyone has to ma}:e
c��anges_ She stated that the majority of the residents in ner
r.'eignborhood er.pressed the need for this ordinance, and it would
be in the bcst interests of the t�ome owners_ She requested thaL
tile Council pass this ordinance to make properties better and Lo
}:eep up property values.
t`r. Jim F3ates, G211 6th Street, felt that l�rqe commer.ci_al vehicles
ai�d recreational vehicles should be two separate issues. lie
2M
FRIDLEY CI,TY�COIINCIL MEETING.OF APRIL SS 1999' '' . PAGE 8 •
sugges�ed �tiat �re�reationaT vehicles. be.elimiriated��from.this .�
_ p-roposed. a�dinance_ . _- . - - - .: ' - ' . • ' - • • - - . . - -
� � - :..Mr�_ Jiiti. - Ring�, -. 15i�0� . �tice•� �Cre�ek � i2oad,. -�-fe.lt_ -tha� .�two ��i.ssues�: :ar-� .' , �
� -- . �� i�volved:�. � . He :sta.te,d: �hat� =f.roni .t�l�cin� :witl�t.�peopl:e.;••:the ; maj�ority - -
. _ - �of��i�et3p�e��aga�rr5�`��ii's-•�o��%i�ri'ari��•dre::agaias�=-i�.�b,�;��ti�e:�.t-..i•t�e�,�te�; .
- �. . _`-.�rec,rea�i.orial..�reiticies_.aiii�`•.campe�s.':-."iie�..�s�a•ted_`_t_-l��t.iC'e����:��trinal'.:.`,`.~:�� � .
• � ' � vehicles have not � tieen ttie source of '-compl�ints. -` �He sta�'ted �th�t�,- �': .
� '� commercial vehicles are a� totally separate �issu�. .� Mr. Ring -s.tated �.
that the commercial vehicles in his area have been there for sbme �
time. He stated that the reality is that people abuse rights and
privileges. An _individual is.powerless to do �anything about.it.
and looks to the City for enforcement. �
Mr.. ..Bi.l.,l ,Camp, 6280..University .Avenue, stated that he. would like
� � :rec,rea��onal-:qehi�cies:.;e�iiciiiiate$:_from:this-pr.oposed.:or-dinaric�e�::-He.:.:- :=
- : :��� felt'"t�a�:�-.:��t''wa5-=:�iap6�arit'':::��ia�_=�wo'�-vehic3es��.�e-��=a3:Io�ted.{;; �rath.er �°- ..
. .. :tha�r`::�ust:, on.�;'•,�.ir :ord�er::.�o::_accoH�odat� vi.s�torS��.. He �.s��ted;�:�tha'�
� -li�e:�would.��b��-in� �<£avor�--of= tiie�.�rdinaiic'e-. aiiiendimen�,_�"if���he. :is�ue".: of � _
- � = �`� recreational :�ehicles was-. �elimitiated: -��. �. -, �. . � . � . � ' .. :
- _ Mr.-Gene Erigelbreeht, b800�Madison Street,_.stated that he.would.be .
in �avor af this proposed ordinance, if the following wording was
added: "Factory manufactured vehicles intended for recreational use
:- shall-be exempt from this ordinance."
Ms..Cindy Kummrow, 4632 2nd Street,_ stated that sometimes motor
homes and recreational vehicles are unsightly. She stated that
liniting access to public streets is one thing, but sh� questioned
limiting access to private property. She felt that a person's
livelihood had to be taken into consideration, as they may need to
park a commercial truck on their private driveway..
Mr. Bob Miller, 6293 Jackson Street, stated that he can appreciate
some of the complaints about large commercial vehicles. He stated
that he has a 12,000 pound vehicle, and the Council might wish.to
cons-ider not allowing dual tandem vehicles, as these engines are
very loud.. Mr. Miller stated that his truck has been in the
neighborhood for 22 years. His son has a vehicle which weighs more
but is smaller in size. He stated that to store his vehicle would
cost him about $6, 000 a year, and that is a lot of money for a
small business.
Mr_ Steven Thill, 7603 Meadowmoor Drive, stated that ile felt this
�roposed ordinance invaded his privac}� as a oroper:ty oFmer and
ta}:es away his right to park a recreational vehicle on his land_
IIe as}�:cd that the commercial trucks be separated from the
r_ecreational vehicles and that any reference to recreational
vetlicles be removed form the ordinance. Eie stated that ile would
suj�port the ordinance if zecreational vehi.cles were not included_
2N
�•' . FRIDLEY CITY�COIINCIL MEETING OF APRIL 18, 1994 � PAGE 9'�.'
- •. '� �Mr. Ed Thayer,'��6526 Clover_ P�ace, stated� tk��t". he would supp.ort "the
. . ' . � �.: gro�os�d-�ordinarice •if.�recr:eationa�. vehic3.es. are" �tot .:ir�c�uded -in:`th� • � _ .
' . : . : ord.i�nance.: - . . . " . � -. - '. . . ' "' ' ' . - '- � . - - . . • - -
-_. _ - � .' . .--- - - - .. -. � - � . :_ , . - - .
� ..:M�::°.�.;:Tvm :;`�foo�e � :.fz:5$f3=��.Ce.�t�a1.;..Ave:iiize.;::� statet�..:��a��=-,,�i�:;:_=f�L-�': ,�h�
. . -- . -i��rdust�';iaY•` �t�rticks�-��nd ;r-ec7r'�ationa�:�`�rcehicl�es-.� a�'�.= sep�i�-ate `.i�sties�::.`': . .
- �-. _ . . - � � f�e.� .s�ated . that= it �se�ias- a person �has=��to � make �a `:=�ivin�. �- P��cirig� : �
- land val.ues and ae$thetics above a person!$ right to�make a-living�.-
was not right_ He � stated. `that he. was not in favor of the
ordinance_ .
Mr. Walter Luckow; I61 64=1/�2 Way, stated that he has.had recrea-"
tional vehicles for twenty years. 'He stated that:he has a motor
home parked in.his side yard, and this �s not a problem.for the
- � neigFihor$- ��=•He�.s��ted'�tha't :he-=Qan� sitmPattiize.: w�th -geo�pie zaho�. ha�e-��.. . . .
. _ �.��-�.ic�CS.: roaring: ,�eside--:trteir�:.�io��s � i�.e��,sta�ec� �: ��?��- � z�ovi,�.t1:: �iQ: <�� ;
•. : . :-> ...; , -.
� � .� favo��:of ._the ,ord�riance:'_if ;recreat�;onai �efiieles were-�.exc�uc�ed ��from:
- ; tfiis�_ �pi-ogbsed ..,orc�inanee _ ' : ; - - �
� � Mr. David Locker, . 5664� Jackson��Street, �stated �that h�e has a�26 �foot
motor home-, a 30 �fo.ot travel. �trailer, and a 21 foot boat.. He felt .
that the Council does have to_address the issue of the large
commercial vehicles, but that recreational vehicles should be
-. excluded. -
Mr. Edwin Meaney, 6520 Able Street, stated that they have just
bought a 19,000 pound motor home, and they have not had any
complaints from the neighbors. He stated that he would:like more
freedom. He stated that he does not appreciate tYie large
commercial vehicles, garbage vehicles, or sirens, but some things
are necessary_ He stated �hat there are people who have to make
a living with their trucks_ He stated that nothing is perfect,
including noise control, and laws now on the books should be
enforced�but no more are needed.
Ms. Nancy Hartwig, 4921 3rd Street, stated that this ordinance
would hurt truck drivers. She agreed that the recreational
vehicles should be separated from this ordinance, as it is a
different issue. She stated that truckers make everyone's lives
and jobs easier_ She stated that in 1994, there will be
legislation for commercial vehicles, as currently there are no
standards for diesel engines. She stated that semitrailer
operators have to meet stringent standards _ i�1s _ Hart�aig stated
that tYYere were four occasions where police officers were
disoatched to tier home to remove trucks on tiie street. She stated
that they are permitted to load and unload their truc}:s and then
they must be moved. She stated that tiley do everything possible
to comply w.ith the ordinances. She felt that everyone has to learn
to be a Little tolerant of each other_
Mr. Lee Erdahl, 248 Liberty Street, felt that the ord_inance needed
to def ine trucks versus recreational vetucles _ He �tated that most
20
� � FRIDLEY CIT COIINCIL MEETING�OF APRIL 18 1994 PAGE 10 �
of the recreational vehicles.are in.the D classification�_. � . •
• : � . . Mr.� 8ob�•Schewe, .1•1•53 �Missi-ssippi Street; _s,tated �•that-he• t�as.:driven� ,.' �. . ,
- . , �' t��lck �b� 35 _ years; �. H� sta�ed.-that he :�do�es�. r�ot =� �et � his tru'c�C...run �'� '
, � - �,. • - . - when.,-it �'is.� not= n�cessarX.: He � s�ated . th-at� he- �lugs. � hi�s� =t�-uck:, in � � . � -
. _ • .:�wiieri_,ti'e�_ �.ta�t$..lt;::a�d ��i�:�does'.�tot- �arise: a' 130�.:.of ;'smok�: �T��;-s:�ated:.. � ' . .
. . : ..th-at: `if Yi�, .par�eed-� the `.truck an_ a"�dommerci�l _p�-operty-; :i�..would �be` •. �.�
' - � - :vandal�iz�d: � �He � fe•lt that -what broizght thi-s. issue �to ��light . saa�s: the�. � - �
dump trucks that had not_been moved-in years.. Mr. Schewe_felt that
trucks should be allowed in a residential area and possibly have
restrictions about how long they could run and the length of�time
they could be parked:
Councilman Schneider asked Mr. Scliewe what �he�felt would be a
reasonable period of time for trucks to be parked at.any one time.
- ;�Mr'; ->_Sc�eGSe=<_s�ated::����i�t;==tiire��:�da �'s-:•would--:l:�e�==ade�.. -a�� --�l�u - , t . . - .
_ . . � .. . . Q�! a ._ � . �'I35 - 1A8� ..
_. - . be . cli�fexerit=� _f�r � at�ier:= _triicJceis-.. de�se�dinq �:on : the�-r scheciu�es.;. . _
. : . . Mr._�.:Larry- Petry-, . �b7a0- .Channel . Road,.�- stated � tha�. �he wouXd .like : tn :
ase his�property as�he wishes rather than the City telling him how
he can use.his property.` -
Ms. Elsie Hanscom, 6000 Stinson Blvd., stated that their tow
_- vehicle is a one ton pickup with an E license. She asked if
recreational vehicles are excluded from this proposed ordinance,
ii this would exclude their pickup.
Mayor Pro Tem Schne'ider stated that the input received this evening
is that anything that is recreational in nature be excluded from
this proposed ordinance. He stated that the Council would take all
the comments into consideration, and he suspected there would be
changes in this proposed ordinance amendment.
Ms. Donna Tigner, 6370 Monroe Street, stated that she owns a
recreational vehicie and has to stand up for the right to protect
private property if it is not an eyesore for the community. She
stated that the large gravel trucks should be removed or painted.
She stated that her parents drive a diesel one ton pickup. If they
were to visit, she did not know where they could park_
Mr_ Rich Olson, 1660 Mississippi Street, felt that the whole
ordinance is ridiculous_ He stated that he has lived in Fridley
for 47 years, and vehicles all make tne same amount of noise. He
stated that the City is trying to tell som�o�e they do not have the
right to park these vehicles an their property_ He staLed tlz<-�t he
has lived near �he railroad tracks and become adjusied to the noise
over a period of time. He felt that in situations c.�here there ar�
complaints, generally, the people themselves are having a
disagreement with others in the neighborhood. He stated that it
is not the vehicZes as much as it is two parties against er:ct�
other.
2P
• FRIDL•EY` CITY COIINCIL MEETING OF APRIL 18 199d � '.pAGE 11 .. � -�
- Ms. Janet I:anqer;�,representirig her �fathe"r,� Lester Chi�s.who resides-
_ . at� �153.� -Rzc� Creek Roa�l,....st�(ted -�that_.her;_�ath�r:.oi,rns: :the 'dump�,- : ..�- . .
_� . - tr�zGks that have ��caused:these. p�robl,ems. - :She sfated��tiiat_� wher� � t�iey ' . _ �
. �:iao�ied.to �tl�ris• itei:giibor�oocl', .ti�ere �were "-pxobaiiTy�--ori�ly _:�our�.�r-five. � - � �
. �re��j:derit,s .�iri:-�ttt�_•:area•:< =: Stie�: st�ated - tha:t�-s�iE=_�d�.cd :nat :lie3��ev_�; that '_ - �
� : � . ..the � ":tx-i��.ks �- dev��iie .-��r-bpert�i, .'� and�� `she- �submitted -a � "� 1-etter. .-from ::��' � - "� -
: . . . - �1��eTrsed:.realtor-,='-2�Ir:��Art�•Oho�to:;-���which_- i�ndicated�� !'�t�i�t-=Xf: :the•.��°.�=�� �'
� �trucks have any :�affect now, which they may or� may: riot, then they
had to have�the same affect when residerits bought :their`property."
He stated that if the trucks did not affect the value then, they
should not af.fect.�it now.
Ms. Langer asked why her �father's trucks would not be gra.nd-
fathered., as she understood this was the.case with Fantasy House.
. . . - �, �'?r.: : �errick � .:.�i,t . ��orz�e .. a�e . � . _ - . - _ .
, >, :._ , ,Y..� �,: . ._.: .... x..:=,,�t�,.. . d:�.t�.ia� :.th,e. ques,ti.Qn.=. wit-1i:.•Earitasy .-
- House �.�as 1f "the .�ordi-r�an�e = app•l:ied: to. t�e ;_type,-�: of busiriess thex � �.
� " we�e coilduc't�ng; :�i►d�-�-Eiie �ou�t-�sta�ed'thatt ��x�.:d�c}. n4�: . - __
� • � ` � ' Ms.� Larige.r�.stated'�that the �rie�ighliors "at .one� �ime did ��have �goats �and �
they were .grandfathered.. . _ .
Mr. Chies stated that Rice Creek Road is a County road and is busy
24 hours a day, so there is noise. He stated that between
�- 3:30 p.m. and 5:30 p.m. you cannot back onto that road_
Mr. Chies .stated that _he has -not used. the. -truck in four� years, but
there may come a time when he needs the vehicle.
Ms. Langer stated that her father neede� a second vehicle to drive.
Mayor Pro Tem asked if there was not some compromise that could be
worked out with the neighbors. He stated that the City is going
through a lot of discussion and hearings for a handful of problems_
,
Ms. Langer stated that if someone is making a living driving a
truck, this should not be taken from him.
Mr. Chies stated that he leaves between 5:30 a.m. and 6:00 a.m. and
does not try to wake anyone. He stated that you need enough time
to pump the air up and get out of the driveway_ He stated that he
should be told if he is making noise, and he would try to keep it
down.
��1s _ Langer stated that
over twenty years, and
a 11 o f a sudden there
won_ She stated that �
ha� to say_
she has lived at 1530 Rice Cree}; I2oad for
no one made any comments_ She stated that
was a lawsuit, and they went to court and
�o one took the ti�e to li��ten Lo what they
MO`I.'ION by Councilwoman Jorgenson to receive the letter dated
April 14, 1994 from realtor, Arthur Ohotto, reqarding truck par}:inq
2Q
0
•, FRIDLEY CITY COUNGIL MEETING OF APRIL 18, 1994 •- PAGE 12
� on..property at 15.3fl Ri;ce Creek Road, Seconded by Coun�ilman �-
:�. �Ei�ll�i�igs . ; : (JPon - a: v.oice uote; .al.l � -votl.nq�..aj,e�� : .M�ybr - .N�ee. =declared: _ `-• ' .
- ' . . - . �._thE• znotivn :.ca�i�riecl�:'uri'ariimous�.y. = : �- - _. . � . . . _ . . _ " . - � -� _ -. - -
. � . :rir�...-Wa.I-1y'::F�deh��.�;�:� 5�$ �'¢7�th:�.�lv:eriu�, -,s�a:��s� .t�k�a�:-;he •=�ias-.l;�.ved--��p�_-. . . ".
' • � • •'• R•ridley :31 -years. and-owrted"-a�travel� trailer for �2'S-_years-.-_: Y-Ie._•felt:�.. . ��: �:�.� .�
�• � � � -thdt peop���_- keep �hc-ir 'recreational� vetiicles better� �lookiiig arid - � � � �.- •
cleaner than�some of the homes and yards in FXidley._ He:felt.that
� the recreational vehicles and trucks are two different issues;:and
that there should be some restrictions on the large commercial
trucks. � �
Mr.. Warren Paulson, owner of the Budget Host Motel on Highway.65, .
sta.ted that he has truckers who stay at his motel, and he asked his
- • .;optioh5 for --his : proper-t�.� _ : _ - �: . - . .� ._ .r . . - - . - ..
- - - . - �.;_: ,-
� - ...Mr _��.. Herr�,ck, City :A��ornelt.,":: stat�d �_ that .- the : options .would =. iZew' to :
. � : � �ezoi�e. � �th� .proper�y. �bz �notYier-. solutio�:. , �f ��this .ordiiia�ice .-is
_ . . . adopted, � 1 anguage . cQ�ld : =2ie � included . that� _ �roii��„d:�. aPp�y_ . _ to: - M� :: . . -�. •��
� Paulson's situation. -. � �
Mayor Pro Tem Schneider stated that.the City does not intend to
. inhibit Mr. Paulson's business.
� Mr. Douglas Juenemann, 6280 7th Street, stated that he has a
30 foot travel trailer that he has had in storage_ He felt that
if it was left on �he street for only a few days Qut of the year,
it would not hurt anyone's property value. He stated that if
recreational vehicles were eliminated from this proposed ordinance,
he would be in favor of it.
Mr. Curt Barsness, 6581 Central Avenue, felt that people with
larger trucks shoulcl have some consideration. He felt that if they
are good citizens, they should have the opportunity to park their
vehicles with their neighbors' blessings. He felt that to pass an
ordinance with no recall does not make much sense.
Mr. Lee Switzer, 5870 7th Street, stated that he owns a recrea-
tional vehicle, has a 3/4 ton pickup, and will probably purchase
a one ton pickup, but he could not do this under the provisions of
the proposed ordinance. He felt that there is too much government
control now, and several years from no:a it �•ill be tightened
further. He stated that he is not in favo� oi tn? oL�din�nce period
because tle sees some danger in k°nere it is h.eading. .ie felt that
if there is a particular issue, it shoul:: �e a�dre,sF�d <ii�d le:�ve
the rest of ti�e property ow-ners to �heir :�rivate pr.o;�<�rty_
Mr_ Dean f3liss, 5212 Fillmore Street, stated tha� tie �urrenLly owris
a 9,000 pound recreational vehicle and would not 1_i'r:e to see any
weight restrictions on these vehicles. He sta;�ed th<�t i�e would
1.i_ke rect-eati_onal vehicles specifically e>_cluded irom t'iis pro�oseci
ordinance_
C�1 � 1
• . . - . -- - - • . . YAGE 13
Mr. David VBn.t, 7555. Van. Buren S�reet � sCa�ed.�.t}-�a�..he sttbmit�.ed, a
•.1ett�z-- i,,�h-lci� -the--Co�ncii` re�Ceiv�ci �at the be in�iri �
He� s.tat�d.` th�t _he� � � 9 g of ":tiie- meeti ``' �
- �trucks �:at ' - �ns •.a : business out o�� his- _�ome'' a�n n'g' � •'.•:
a: mini-storag�e_--faci-�it �, _ d.:parks .��i�:. � -� - .
�: �.uris ':l�t�e,...;t.hej;:.f;,�i'r�.- soniet'2nie's� - .- �'.-�-.�.He: s�ate4�.'.�hi��=-�s�ihen"`a--_t'`r'ui�ck-'�:. �: :.._ �_
-H.e =sta�ed: . -_. _ . park. it `i� tiie driveura�-.:overn�ig�tit.:, -;� � �
'ttiat."he.:i,ibuid.�nate_ ��or t2iis 'cs�dinanc� �to fie �adopted. He
stated that people are not= going to operate a termir�al out of.. the "
homes.unless a trucker does not have any other option. He� lr
that he definitely would not want recreational vehicles inc�ated
in this proposed ordinance, and he would like everyone to belabed
to keep their personal freedoms: � le
Mr. Ben Baxter-,-191 Rice Creek Terrace,
sugges� that the ordinance.:}�e_.re.vi:�ed:.�o-�exc
tated that:. -he_ _would: .: . .: _,,...
. . :pr-i�ate ::sc�ioo�l `�biises . � � . , . i�d���--churcli'.buses and
. . , Paxked ori:: �tur.ci��rp�oP£:r-t.'Y'=_ =He: �t�ted ��e : ls-
��conceri�ec���.�lia� 'rHe ortiinance is'- iuuch�.too _bXc�ad � •--.
� shoiz�d,�..not be incl.ud�ed in. _tire--c�irdi�ia�c:e. .-'� . -.� ��d-- chu�ch=�b
�- . � � . . : us�s: _
: Mr_ . Jaines :Dahii,� : i52p �Rice Creek Roacd; �stated-� that� he has~� �
this address for ei ht � lived at
g year5. He s.tated -.that. the dump � triieks were
at his.neighbor'.s be-fore he
to accept them .or bu - Purchased his home,_and }ie either had
y anotiier home. He stated that his home has
not decreased in value, but actually has increased. He state
_. the problem comes down to-being neighborl d that
someone has a problem Y Y- He stated that if
stated that he has known Mr. Ghies f reri�anthe person. Mr. Dahl
Chies has a lot of respect fo� neighbors y�'ears. He,knows Mr.
� would want to do is pollute their air_ ' and the last thing he
G- �
like to see the neighbors work,this out He stated that he would
, as it is a personal issue.
Mr. Jennifer Webber, 1371 75th Avenue
stated that no one had complained about�the trucks be n er �ather,
their driveway unti.l now. She stated that when the g Parked in
call that the trucks were noisy, they were Y:x'eceived a
from the property_ She stated that the �ickly started and gone
money in the trucks and would like to kee have invested a lot of
make sure they are not vandalized. P them at their home to
Mr_ Webber, 1371 75th Avenue, stated that once he became aware t
the noise was bothering his neighbor, the trucks are only run theae
five minutes at the max.imum_ He stated that both the trucks are
new, are washed every wee};� and are no eyesore_ He stated that a
police officer has checved the noise, and they are not over t:�e
noise limits_
Mr_ Arnie Ostlund, 1453 G4th Avenue
�arking his truck in his dr_ivewa �j stated that hc� ti��� :�e�t�
tflink there has been an Y for eventeer� year� and dic3 t��t
visible mostl Y CO7np3dints_ He stated that the truc}; is
y from the front of tiis driveway. He felt that people
have to try and get along with ea�h other_
ttze recreational vchicle owners indicated they were n favor��oftLtle
ordinance once they felt that recreational vehicles would not k�e
25
FRIDLEY CITY COUNCIL MEETING OF APRIL 18� 1994 PAGE_14
included_ �He stated that some of the recreational vehicles weigh
� more �than •h�s �.truCk.=• -He fe-lt that =the proposed or�inance was. not -
� needed, as.: t�Yie.re are �only.•a handful- of probl�ms_. ' . � � • : ' ' .
�. _ =�.-Mr.: `-Don Goni�o; _� i361 .75-th. �Avellue, : -sub�u�tted �ewspa�per a-7rticles_. a�id �. . . �. .
��. - . � . fac�s ' rega�-dirig the :two .cs�mme�c-�ial ciiesei - trucks . pa'rked. on� h�s : �
� neighbor's df ivewa�.� � : .� . - - • . � . - • � • .
MOTION by Councilwoman Jorgenson to receive the documents submitted
by Mr. Gonko, which states the facts as he perceives them.
Seconded by Councilwoman Bolkcom. Upon a voice .vote, a.�l voting
ay�, Mayor Pro Tem Schneider declared the motion carried
unanimously. "
• . iVir::-..Di�k-=Lurtd;-::683�6,=1ytorir�ie=�St�eet;:_ stated._�iat-�iie���pt�r�iiased� a. �
. . :-� �a�dem� �raiier :�n-.��97-E�:=--==-=-.I�e°:.ha's .:s•ince•�solc�---:}t-�;and�:=:�iir�e�a5ec�_ a;••�= . .
.... ,
� : travel trailer. :_. He..stated�. �at _he :cai-.lec�. -the City_..�o,�determii�e= � 'if � -. � :
: . � �there� ��were `.' any.-� .restricti�ons = �.'�Since.� � it :�iad�� to �e�. � parked. � on �. � -
. . � concrete, : he � paid $800 to �insta�ll::a conCrete .pad. , He. stat�ed: �th;a-t . _ -_�
the City is now telling him-that he cannot park .�he�trailer on his
property: . . -- �. � . .
Councilman Billings stated that he came to this public hearing
- unable to support the ordinance amendment as written and has not
� heard anything this evening that changed his point of view. He
stated that he shares some of the comments that were made-and
Mr. Dahl's comments about being neighborly. He stated that in aiost
cases, everyone wants to be g�od neighbors, and he did�'not think
the citizens of Fridley waht to upset their neighbors.
Councilman Billings stated that six to ten complaints a year are
received on commercial vehicles, and five or six complaints are
received on recreational vehicles. He stated that when the City
gets involved and lets residents know their neighbors,�re upset,
in most cases, people will probabiy take care of the problem. He
stated that he honestly does not think this is a big problem in the
City to the point where it has to be regulated, and he could not
support such an ordinance.
No other persons in the audience spoke regarding this proposed
ordinance amendment.
t�OTI02�I by Councilman Schneider �
Second_ed by Councilwoman Jorgenson.
a; e, hlayor Pro 'I'em Schneid�r
unanimotasly and the public hearing
=c close the public hearing_
Upon a voice vote, ail voting
declared �he rc�ti.on carried
close�: at 1t):5f; ����n.
hiayor Pro `Pem Schneider stated that this issue wou.l.d k�e deliberated
t�y the Counc i l_ `Phe res idents wou ld be not i f i ed wtier� act i on wou ld
be taken i_f tiiey have siyned ttie attendance fozm or� filled outi a
card to speak at this public hearinq_ He tt�.-inF;ed everyone 1'or
attendi.ng and conducting themselves well, as this was an emotional
1S`�UC'_ .
2T
FRIDLEY CITY COUNCIL MEETING OF APRiL 18 1994 PAGE 15
RECESS:- - �
� - . Mayor _Pro: Tem Schri�ider _called :at recess at�� 1-1.: 00�. p._ m.� � . - . � � : � .
.' .. . . � .REC�NVEIdED,'... '. - ' �. . ' _ = . : . .. • .: . . . � ' -`-• : • ...: -. • . . ..
-. Mayor ••Pro Tem 3chneid�r 'r.econvened the _•meeting at 11: 10 p. m: .' Al1 '�
Council.members were present: - �
3. PUBLIC HEARING ON TWO PRELIMIIdARY PLAT REOUESTS P S #94-02
�NORTHCO�BUSINESS PARK 5TH ADDITION) AND P�S #94-03 (TARGET
NORTHERN DISTRIBUTION CENTER 3RD ADDITION) BY ��FRIDLEY
BUSINESS CENTER PARTNER5HIP AND DAYTON HUDSON CORPORATION TO
• I
� - _ - � . -. . - G�NTER:'=4��i� ADDITIOl��--ANI) �`TARGET N012Tf�_�t�i . DiSTRIB�T�It3N- CENTER :': �-"
. - :;..:�iDDS�TIOI�':F(iR.=PITRPO�ES-=pF---:T1ANi7'-:�C4�iS�T'�I�I�i'�-�'�-ENERAI,I,Y�'�;OCATED=_�='-� .:`:-- `-
: AT �00�.' '�3i2D AVENiJE N E� -AND: 109tS �3RQ AVE�TUE;N� �E . . -
.:. • : _.. ;, _ . . • - � : --. . _ .' • . . . - � � : -_t.•/. _ "-� . • - - -
. MOTION by��Caun�ilman -Bi111.ngs� to -waive..�the. reading. of �the pubiic '
hear�ing�notice and open the public hearing. �Seconded by Council-
, woman Jorgenson.�� Upon a voice.vote, a1.1_voting.aye,.Mayor Pro Tem .
Schneider deciared the. motion carried unan.imously and the public
hearing opened at 11:10 p.m_ -
Ms. Dacy, Community Development Directlor, stated that the peti-
tioners, Fridley Business Center Partnership and Dayton Hudson
Corporation, request that the properties located at 500 73rd Avenue
and 1090 73rd Avenue be replatted. �She stated thaL the purpose of
the repiat is to add 215 feet to t�e Target Northern Distribution
Center to allow a possible future�"truck parking area expansion, as
well as a possible building expai-nsion, and to also add .9 acres to
the Kwik File property to meet,/district requirements and ailow for
possible future expansion_ � _ -
Ms. Dacy stated that the P�.�nning Commission recommended approval
of the two plats subject �o various stipulations_ She stated that
some of the major issues involved the relocation of the bikeway/
waikway, the use of the access onto 73rd Avenue r�hich can be used
by Target only on an emergency basis, and a concern about the
wetlands on the property.
Councilman Billings asked if Target had a special use permit for
outdoor storage.
r•1s. Dacy stated that tliere was a special use per�i+� in 19n9, pr_ior
to the cYiar�ge in indus�rial district�, the or_cina;�,�e arnendmen�,
and clarification of outdoor screening requirer�nts_ Sl�e �tat��c�
tha t because the ordinance amendmer�t was adopted a f ter t#Ie sE�e� i�3 1
u�e permit, staf£ is interpreting that the new o�dinance af�plies.
Coui�cilman Bill.ings stated that the residents in t•;�_ lody Mar�or to
the north were very concerned about screening and acce�.s to 7;rd
11ver�ue wtien the original plats were being coi�s iderecj .
2U
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v
L�
i
Community Development Department
PLANNING DIVISION
City of Fridley
DATE: October 13, 1994
TO: William Burns, City Manager �rn�
FROM:
SUBJECT:
Barbara Dacy, Community Development Director
Scott Hickok, Planning Coordinator
Michele McPherson, Planning Assistant
Second Reading of an Ordinance Approving a
Rezoning Request, ZOA #94-02, by Forrest Harstad;
971 Hillwind Road N.E.
The City Council approved the first reading of the attached
ordinance at its August 15, 1994 meeting. The petitioner has
applied for a land alteration permit to clear the site and
install the utilities. The petitianer has complied with the
stipulations of the various land use approvals. Also, the
petitioner has applied for a building permit to construct the
first eight-unit building. Staff recommends that the City
Council approve the second reading of the ordinance approvir�g the
rezoning request and order its publication.
MM/dn
M-94-614
� 3 {
ORDINANCE NO.
ORDINANCE TO AMEND THE CITY CODE OF THE CITY
OF FRIDLEY, MINNESOTA BY MARING A CHANGE IN
ZONING DISTRICTS
The Council of the City of Fridley does ordain as follows:
SECTION 1. Appendix D of the City Code of Fridley is amended
as hereinafter indicated.
Be and is hereby rezoned subject to stipulations
adopted at the City Council meeting of
SECTION 2. The tract or area within the County of Anoka and
the City of Fridley and described as:.
Lot 6, except the East 650 feet thereof and except
that part lying West of the Northeasterly right-
of-way line of the Outer Drive of the State Trunk
Highway, Auditor's Subdivision No. 25, Section 24,
Township 30 North, Range 24 West, Anoka Couniy,
Minnesota, and Lot 7, except the East 650 feet
thereof and except that part thereof lying West of
the Northeast right-of-way line of the Outer Drive
of State Trunk Highway and except the South 55
feet of the West 150 feet of the Ea�t 800 feet`
thereof, Auditor's Subdivision No. 25, Sectian 24,
Township 30 North, Range 24 West, Anoka County,
Minnesota, and Lot 8, except the east 800 feet
thereof and except that part thereof lying west of
the Northeasterly right-of-way line of the Outer
Drive of State Trunk Highway, Auditor's
Subdivision No. 25.
Is hereby designated to be in the Zoned District
R-3, General Multiple Dwelling.
SECTION 3. That the Zoning Administrator is directed to
change the official zoning map to show said tract
or area to be rezoned from Zoned District R-1,
Single Family Dwelling to R-3, General Multiple
Family Dwelling.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY
THIS DAY OF , 1994.
.
� �
Page 2 - Ordinance No.
WILLIAM J. NEE - MAYOR
ATTEST:
WILLIAM A. CHAMPA - CITY CLERK
Public Hearing: June 20, 1994
First Reading: August 15, 1994
Second Reading:
Publication:
:
_
�
ClTY Of
FRIDLEY
TO:
FROM:
DATE:
MEMORANDUM
Municipal Center
6431 University Avenue N.E. Office of the City Manager
Fridley, MN 55432 �/j�� jam W. Burns
, (612) 571-3450
The Honorable Mayor and City Council
William W. Bums, City Manager �a
�
October 14, 1994
SUBJECT: Intoxicating Liquor License - The Sharx Club/Sharx Sports Bar
Since the last City Council meeting, I had the opportunity to meet with
Councilmembers Ann Bolkcom and Steve Billings and Public Safety Director Dave
Sallman to review a list of stipulations that might be applied #o the operation af The
Sharx Club/Sharx Sports Bar should Council agree that "teen nights" could be held
on the premises of the liquor licensee. Both Councilmembers Bolkcom and Billings
seemed to concur with the stipulations. Mr. DeFoe believes that he was promised
by Council that he would have a role in formulating the stipulations and objects to our.
process. He also told Public Safety Director Sallman that he canno# live with the
stipulations as they are written.
While the records check for the applicant indicates that th.ere should be no problem
in issuing a liquor license to the individual, staff continues to feel very strongly that
the City should stipulate that the li�ensee may not hold. "teen nights" or "all age"
nights �t the proposed location. Public Safety Director Sallman is in the process of
preparing legislation for Council's consideration that would eliminate "teen nights"
in places where liquor is served throughout the City of Fridley.
I would also like #o call your attention to Section 603.07(C) of the Fridley City Code
which requires that a license shall not be approved at the same regular meeting as
the public hearing. Sinee we continued the public hearing at the October 3, 1994,
City Council meeting to the October 17, 1994, City Council meeting, it appears that
the ordinance would require that we wait until the next meeting (November 7, 1994)
to actually approve the license.
WWB:rsc
�
_
_
C�� OF
FRIDLEY
FRlDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 5��32 •(612) 571-3450 • FAX (612) 571-{287
October 13, 1994
Richard DeFoe
1405 Highway 96
White Bear Lake, Mn. 55110
Dear Mr. DeFoe,
As directed by Mayor Nee, Councilmembers Bolkcom and Billings along with
the City Manager and myself have prepared a list of stipulations to the
proposed liquor license under which a"teen night" would operate shouTd
the entire Fridley City Council approve your request. This is not to be
taken as approval for the liquor license or "teen nights". It is a list
of possible stipulations that will be considered.by the City Council.
Any final decision regarding issuance of the requested liquor license
will be made by the entire Gity Council.
I was directed to provide them to you with this letter.
r
-no sale of liquor on any part of the licensed premise on "teen
nights."
-"teen night" be restricted to what has been the north dining room
(i.e. no use of basement or south room(s).
-all alcoholic beverages be removed from the room where "teen
night" is being held.
-no public access to other parts of the building on "teen nights."
-"teen nights" are restricted to Sunday nights (5 p.m. to 11 p.m.)
when there is no school on Monday in School Districts 11, 13, 14,or
16. (any additional days are subject to written approval via
written request by the Public Safety Director or by formal City
Council action).
-The entire licensed premise will be smoke free on "teen nights."
-participants are restricted to students with current high school
picture identification.
� .
�
-Sharx will insure that all participants of "teen night" will have
picture identification. (Sharx will be held responsible for any
persons in the premise that is not within the guidelines).
-Sharx will not permit any access to persons who have been drinking
alcoholic beverages (Sharx is responsible for providing testing
eguipment to insure compliance).
-Sharx will provide at least 10 security personnel (age 21 or
older) to monitor the premise and parking lot on "teen night".
-Sharx will provide metal detection equipment and screen all
participants for weapons prior to entrance on "teen nights."
-There will be no weapons of any type permitted in the premise.
-Sharx will prohibit any use of drugs or alcohol anywhere on the
property (including parking lot) on "teen nights".
-Sharx will insure strict compliance to fire code regulations
including number of persons allowed in the room (th.is_is currently
300 for the proposed space but could change depending upon
remodeling).
-Sharx will insure no wearing of "colors" on the .property (the
police department will assist with training if necessary).
-Sharx will report immediately all disturbances or fights to the
police department.
-Sharx will insure that all nonemployees are off of the property
(including parking lot) by 11:30 p.m.
-Sharx will insure that all of the security personnel are trained
in physical and verbal subject control techniques.
There is also a necessity to determine how the City is going to evaluate
compliance with these stipulations (i.e. at what point of non-compliance
or problems is the "teen night" discontinued). This needs to be agreed
to prior to issuance of the license.
Please feel free to contact me if you have any questions.
Sincerely,
David H. Sallman
Public Safety Director
City of Fridley
. �
�
603.07.
and conduct such additional investigation as it shall deem
necessary.
C. Upon receipt of the written report and recommendation by the /
Public Safety Director and within twenty (20) days thereafter, �
the Chairman of the License Board or the City Council, shall
instruct the City Clerk to cause,to be published in the official
newspaper, ten (10) days in advance, a notice of a hearing to be
held by the License Board or the City Council, setting forth the
day, time and place when the hearing will be held, the name of
the applicant, the premises where the business is to be conducted,
the nature of the business and such other information as the
License Board may direct. At the hearing, opportunity shall be
�iven to any person to be heard for or against the �rantinR of the �
license. A license, other than a renewal, shall not be approved
before the next regular meeting of the City Council following such
hearing.
D. After receiving such report, recommendation, and public
comment for the initial license, the City Council shall conduct
within a reasonab.le time such additional hearing as it may deem
advisable and thereafter.shall grant or refuse the application in
its discretion.
E. Each license shall be issued to the applicant only. Each
license shall be issued only for the premises described in the
application. No license may be transferred to another person or
to another place without complying with the requirements of an
origi:nal application, including the approval of the City Council
and the Liquor Control Commissioner .as required, except as
provided by Sections 603.05.5 and 603.05.9. (Ref. 579)
F, The City Clerk shall, within ten (10) days after the issuance
of any license under this Chapter, submit to the Liquor Control
Commissioner the full name and address of each person granted a
license, the trade name, the effective license date, and the date
o£ expiration of the license. The City Clerk shall also submit
to the Liquor Control Commissioner any change of address,
transfer, cancellation or revocation of any license by the Council
during the license period.
G. Where a license is gran�ed to premises where the building is
under construction or otherwise not ready for occupancy, the City
Clerk shall not issue the license until notification by the
Building Inspection Department that a Certificate of Occupancy
has been issued and the building is ready for occupancy_ (Ref.
579)
2. Renewal Licenses
6/92
A. Applications for the renewal of an existing lice.se shall be
made at least 60 days prior to the date of the e>_pirati.on o� ttle
license and shall be made in such abbreviate� Lor�, :,s �'t�e �:�..v
Council may approve_ If, in the jud�men� or the '::-y Co___�ci_1,
good and sufficiet�t cause is shovm by an applicar.� Lor �iieir
failure to �ile for a renewal within �tie �ime p�-o•.•ic�_�{J, �il� �'i_ty
CounciL may, if the other provisions of tilis i,hap�er :T-e co::.,iied
with, granL ttle application. A review shall be made oi: a ll facts
4C
6�3 .�
�
_
C��
FR[DLEY
MEMORANDUM
Municipai Center
6431 University Avenue Northeast
Fridiey, Minnesota 55432
(612) 572-3507
FAX: (612) 571=1287
William C. Hunt
Assistant to the City Manager
Memo To: Nilliam N. Burns, City Manaqer 1��
fn
��
From:
Subject:
Date:
William C. Hunt, Assistant to the City Manaqer �
�
Firefiqhters� Labor Aqreement for 1994
October 13, 1994
Attached is the labor agreement and accompanying resolution setting
forth terms and conditions of employment for the firefighters in 1994.
Apart from changes relating to dates the following are the di£ferences
between the 1994 contract and the 1993 contract:
1. Articles 3.9 and 3.11: Terminology "lunch break° changed to meal
break.
2. Article 21.5 provides for an increase in base group term life
insurance from $10,000.00 to $25,000.00 per employee.
3. Article 21.1 provides that the employer's contribution "toward health,
life, and long-term disability insurance" will be a maximum of $315.00
per month per employee.
4. Article 22.1 provides an increase in base wages of 3.0 percent over
1993.
We discussed the addition of Article 16.3 as follows: `
Employees shall be paid for ten (10) hours at their regular rate of
pay for each scheduled holiday. Annual leave hours taken during a pay
period shall be reduced by the number of holiday hours earned during
that same pay period. . -
We were not able to agree on the language. However, I indicated that
the City would continue to calculate holiday pay on this basis for
employees assigned to twenty-five (25) hour shifts.
It is understood that Resolution No. 108-1986 relating to the Employee
Separation Benefit Plan and Resolution No. 97-1987 relating to the
Flexible Benefit Plan remain in force for employees represented by the
International Association of Firefighters, Local No. 1986.
I request that you present this contract to the City Council for action
at their meeting of October 17, 1994.
: Chuck McKusick. Fire
. �
�
��� ����
UNIFORM BASELINE AND SETTLEMENT FORM
Minnesota Statute 179A.04, subdivision 3, paragraph (n) requires
completion of a Uniform Settlement Form (Form). The Form is
applicable to contract negotiations between exclusive repre-
sentatives and all public employers, other than Townships. The
Bureau of Mediation Services (Bureauj is charged with developing
the Form and related instructions for compliance with the statute.
Pursuant to that charge, the Bureau has adopted the attached Form
and instructions to meet the requirements of this legislation.
The Form is not intended to be a report of a public employer's
labor costs or a substitute for the costing by labor or management
of their collective bar ainin �� -
..
, __ g g = �proposals . " Its purpose is � 1 imited � =
to , fulfillin the re .-_... :-4- -- _ � _ � •: , ,... -�_ :,. � . -- : �:
g quirements - of Minnesota' Statutes �*].7gA.04,
.
subdivision 3, paragraph (nj. It is the intention of this
legislation to provide a standard basis for public employers and
the public to compare ;•_ the�;:' economic elements . of �-=coliective �
_ . __ �
.
- , - � :_
, _ bargaining settlements.-.� _ - . ,__- _ . ,
. . _ �
. ,
The attached Form must be _ I
presented to the governing body of each
public employer at the time"it ratif ies a collective bargaining I
contract. The Form must be available for public inspection during
normal business hours within five (5) caTendar days after
ratification by the public employer.
6-2-94 - 1 -
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RESOLIITION NO. - 1994
RESOLIITION APPROVING AND AIITHORIZING SIGNING AN AGREEMENT
ESTABLISHING WORRING CONDITIONB, WAGES AND HOIIRS OF
EMPLOYEES OF THE CITY OF FRIDLEY FIRE DEPARTMBNT FOR THE
YEAR 1994
WHEREAS, the International Association of Firefighters Local No.
1986, as bargaining representative for the Firefighters of the City
of Fridley Fire Department, has presented to the City of Fridley
various requests relating to the working conditions, wages and
hours of employees of the Fire Department of the City of Fridley;
and
WHEREAS, the
Union and to
and hours of
Fridley; and
City of Fridley has presented various offers to the
the employees relating to working conditions, wages
employees of the Fire Department of the City of
WHEREAS, representatives of the Union and the City have met and
negotiated regarding the requests of the Union and the City; and
WHEREAS, agreement has now been reached between representatives of
the two parties on the proposed changes to the existing agreement
between the City and the Union;
NOW, THEREFORE BE IT RESOLVED by the City of Fridley.that such
agreement is hereby ratified and that the Mayor and the City
Manager are hereby authorized to execute the attached Agreement
relating to working conditions, wages and hours of Firefighters of
the City of Fridley Fire Department.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF . , 1994.
ATTEST:
WILLIAM A. CHAMPA - CITY CLERK
t'1J
WILLIAM J. NEE - MAYOR
LABOR AGREEMENT
BETWEEN THE
CITY OF FRIDLEY
AND THE
INTERNATIONAL ASSOCIATION OF
FIREFIGHTERS LOCAL NO. 1986
1994
5E
ARTICLE
I.
II.
III.
IV.
V.
VI.
VII.
VIII.
IX.
X.
XI.
XII.
XIII.
XIV.
XV.
XVI.
XVII.
XVIII.
XIX.
XX.
XXI.
XXII.
XXIII.
XXIV.
XXV.
XXVI.
XXVII.
FIREFIGHTERS LOCAL NO. 1986 CONTRACT FOR 1994
TABLE OF CONTENTS
PURPOSE OF AGREEMENT . . . . . . . . . . . . . . . . . . .
RECOGNITION . . . . . . . . . . . . . . . . . . . . . . . .
DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . .
EMPLOYER SECURITY . . . . . . . . . . . . . . . . . . . . .
EMPLOYER AUTHORITY . . . . . . . . . . . . . . . . . . . .
UNION SECURITY . . . . . . . . . . . . . . . . . . . . . .
EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE. . . . . . . . . . .
SAVINGS CLAUSE . . . . . . . . . . . . . . . . . . . . . .
PAGE
1
1
1
3
3
3
4
7
SENIORITY . . . . . . . . . . . . . . . . • - - - - . . . . 7
DISCIPLINE . . . . . . . . . . . . . . , . . . - - - . . . . 8
WORK SCHEDULES . . . . . . . . . . . . . . . . . . . . . . 8
ANNUAL LEAVE . . . . . . . . . . . . . . . . . . . . . . . 9
SHORT TERM DISABILITY. . . . . . . . . . . . . . . . . . 10
PAY FOR CALL BACK AND DRILLS . . . . . . . . . . . . . . . _ 12
EMPLOYEE EDUCATION PROGRAMS . . . . . . . . . . . . . . . . 12
HOLIDAYS . . . . . . . . . . . . . . . . . . . . . . . . . 13
PROBATIONARY PERIODS . . . . . . . . . . . . . . . . . . . 13
FUNERAL PAY . . . . . . . . . . . . . . . . . . . . . . . . 14
JURY PAY . . . . . . . . . . . . . . . . . . . . . . . . . 14
UNIFORM ALLOWANCE . . . . . . . . . . . . . . . . . . . . . 14
INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . 14
RATES OF PAY . . . . . . . . . . . . . . . . . . . . . . . 15
ADDITIONAL INCENTIVE PAY . . . . ... . . . . . . . . . . . 15
COLLEGE CREDITS . . . . . . . . . . . . . . . . . . . . . . 15
SEVERANCE PAY . . . . . . . . . . . . . . . . . . . . . . . 16
WAIVER . . . . . . . . . . . . . . . . . . . . . . . . . . 16
DURATION . . . . . . . . . . . . . . . . . . . . . . . . . 16
5F
LABOR AGREEMENT
BETWEEN
CITY OF FRIDLEY
AND
INTERNATIONAL ASSOCIATION OF
FIREFIGHTERS LOCAL NO. 1986
ARTICLE I PIIRPOSE OF AGREEMENT
This AGREEMENT is entered into as of between the CITY OF FRIDLEY,
hereinafter called the EMPLOYER, and the INTERNATIONAL ASSOCIATION
OF FIREFIGHTERS LOCAL NO. 1986, hereinafter called the UNION.
It is the intent and purpose of the AGREEMENT to:
l.l Establish procedures for the resolution of disputes concerning
this AGREEMENT'S interpretation and/or application; and
1.2 Place in written form the parties' agreement upon terms and
conditions of employment for the duration of this AGREEMENT.
ARTICLE II RECOGNITION
The EMPLOYER recognizes the UNION as the exclusive representative,
under Minnesota Statutes, Section 179.71, Subdivision 3, for all
personnel in the following job classifications:
l. Firefighters
ARTICLE III DEFINITIONS
3.1 Union
The International Association of Firefighters Local No 1986.
3.2 Union Member
A member of the International Association of Firefighters
Local No. 1986.
3.3 Employee
A member of the exclusively recognized bargaining unit.
3.4 Department
The City of Fridley Fire Department.
1
5G
3.5 Employer
The City of Fridley.
3.6 Chief
The Chief of the Fire Department of the City of Fridley.
3.7 Union Officer
�.'-�
3.9
Officer elected or appointed by the International Association
of Firefighters Local No. 1986.
Overtime
Work performed at the express authorization o€ the EMPLOYER
in excess of the number of hours.in a work period specified
by the Federal Fair Labor Standards Act.
Scheduled Shift �
A consecutive work period including two rest breaks and one
or more meal breaks.
3.10 Rest Breaks
Two periods during
employee remains on
assigned duties.
3.11 Meal Break
the SCHEDULED SHIFT during which the
continual duty and is responsible for
A period during the SCHEDULED SHIFT during which the employee
remains on continual duty and is responsible for assigned
duties.
3.12 Strike
Concerted action in failing to report for duty, the willful
absence from one's position, the stoppage of work,�slow-down,
or abstinence in whole or in part from the full, faithful and
proper performance of the duties of employment for the
purposes of inducing, influencing or coercing a change in the
conditions or compensation or the rights, privileges or
obligation� of employment.
3.13 Base Rate of Pav
The Employee's hourly rate of pay exclusive of longevity or
any other special allowance.
2
5H
3.14 Compensatory Time
Time off during the employee's regularly scheduled work
schedule equal in time to 1.5 times overtime worked.
3.15 Severance Pav
Payment made to an employee upon honorable separation of
employment.
3.16 Salarv
A fixed payment at regular intervals for services as set forth
and agreed to in this contract.
3.17 Compensation
Salary reduced by those amounts as required by law and/or
authorized by the employee.
ARTICLE IV EMPLOYER SECIIRITY
The UNION agrees that during the life of this AGREEMENT it will not
cause, encourage, participate in or support any strike, slow-down
or other interruption of or interferences with the normal functions
of the EMPIAYER.
ARTICLE V EMPLOYER AIITHORITY
5.1 The EMPLOYER retains the full and unrestricted right_ to
operate and manage all personnel, facilities, and equipment;
to establish functions and programs; to set and amend budgets;
to determine the utilization of technology; to establish and
modify the organizational structure; to select, direct, and
determine the number of personnel; to establish work
schedules, and to perform any inherent managerial function not
specifically limited by this AGREEMENT.
5.2 Any term and condition of employment not specifically
established or modified by this AGREEMENT shall remain solely
within the discretion of the EMPLOYER to modify, establish,
or eliminate.
ARTICLE VI UNION SECIIRITY
6.1 The EMPLOYER shall deduct from the wages of employees who
authorize such a deduction in writing an amount necessary to
cover monthly UNION dues. Such monies shall be remitted as
directed by the UNION.
6.2 The UNION may designate employees from the bargaining unit to
act as a steward and an alternate and shall inform the
3
51
EMPIAYER in writing of such choice and changes in the position
of steward and/or alternate.
6.3 The EMPLOYER shall make space available on the employee
bulletin board for posting UNION notice(s) and
announcement(s).
6.4 The UNION agrees to indemnify and hold the EMPIAYER harmless
against any and all claims, suits, orders, or judgments
brought or issued against the EMPLOYER as a result of any
action taken or not taken by the EMPLOYER under the provisions
of this Article.
ARTICLE VII EMPLOYEE RIGHTS-GRIEVANCE PROCEDORE
7.1 Definition of a Grievance
7.2
7.3
A qrievance is defined as a dispute or disagreement as to the
interpretation or application of the specific _terms and
conditions of this AGREEMENT.
Union Representatives
The EMPLOYER will recognize REPRESENTATIVES designated by the
UNION as the grievance representatives of the bargaining unit
having the duties and responsibilities established by this
Article. The UNION shall notify the EMPLOYER in writing of
the names of such UNION REPRESENTATIVES and of their
successors when so designated as provided by Section 6.2 of
the AGREEMENT.
Processing of a Grievance
It is recognized and accepted by the UNION and the EMPLOYER
that the processing of grievances as hereinafter provided is
limited by the job duties and responsibilities of the
EMPLOYEES and shall therefore be accomplished during normal
working hours only when consistent with such EMPLOYEE duties
and responsibilities. The aggrieved EMPLOYEE and a UNION
REPRESENTATIVE shall be allowed a reasonable amount of time
without loss in pay when a grievance is investigated and
presented to the EMPLOYER during normal working hours provided
that the EMPLOYEE and the UNION REPRESENTATIVE have notified
and received the approval of the designated supervisor who has
determined that such absence is reasonable and would not be
detrimental to the work programs of the EMPLOYER.
4
5J
7.4 Procedure
Step l.
An EMPLOYEE claiming a violation concerning the interp�etation
or application of this AGREEMENT shall, within twenty-one (21)
calendar days after such alleged violation has occurred,
present such grievance to the EMPLOYEE'S supervisor as
designated by the EMPLOYER. The EMPLOYER-designated
representative will discuss and give an answer to such Step 1
grievance within ten (10) calendar days after receipt. A
grievance not resolved in Step 1 and appealed to Step 2 shall
be placed in writing setting forth the nature of the
grievance, the facts on which it is based, the provision or
provisions of the AGREEMENT allegedly violated, the remedy
requested, and shall be appealed to Step 2 within ten (10)
calendar days after the EMPLOYER-designated representative's
final answer in Step 1. Any grievance� not appealed in writing
to Step 2 by the Union within ten (10) calendar days shall be
considered waived. -
Step 2.
If appealed, the written grievance shall be presented by the
UNION and discussed with the EMPLOYER-designated Step 2
representatiqe. The EMPLOYER-designated.representative shall
give the UNION the EMPLOYER'S Step 2 answer in writing within
ten (10) calendar days after receipt of such Step 2 grievance.
A grievance not resolved in Step 2 may be appealed to Step 3
within ten (10) calendar days following the EMPLOYER-
designated representative's final Step 2 answer. Any
grievance not appealed in writing to Step 3 by the UNION
within ten (10) calendar days will be considered waived.
Step 3.
If appealed, the written grievance shall be presented by the
UNION and discussed with the EMPLOYER-designated Step 3
representative. The EMPLOYER-designated representative shall
give the UNION the EMPLOYER'S answer in writing within ten
(l0) calendar days after receipt of such Step 3 grievance.
A grievance not resolved in Step 3 may be appealed to Step 4
within ten (10) calendar days following the EMPLOYER-
designated representative's final answer in Step 3. Any
grievance not appealed in writing to Step 4 by the UNION
within ten (10) calendar days shall be considered waived.
Step 4.
A grievance unresolved in Step 3 and appealed to Step 4 by the
UNION shall be submitted to arbitration subject to the
provisions of the Public Employment Labor Relations Act of
5
5K
1971. The selection of an arbitrator shall be made in
accordance with the "Rules Governing the Arbitration of
Grievances" as established by the Public Employment Labor
Relations Board.
7.5 Arbitrator's Authoritv
a. The arbitrator shall have no right to amend, modify,
nullify, ignore, add to, or subtract from the terms and
conditions of the AGREEMENT. The arbitrator shall
consider and decide only the specific issue(s) submitted
in writing by the EMPLOYER and the UNION, and shall have
no authority to make a decision on any other issue not
so submitted.
b. The arbitrator shall be without power to make decisions
contrary to, or inconsistent with, or modifying or
varying in any way the application of laws, xules, or
regulations having the force and effect of law. The
arbitrator's decision shall be submitted in writing
within thirty (30) days following close of the hearing
or the submission of briefs by the parties, whichever be
later, unless the parties agree to an extension. The
decision shall be binding on both the EMPLOYER and the
UNION and shall be based solely on the arbitrator's
interpretation or application of the express terms of
this AGREEMENT and to the facts of the grievance
presented.
c. The fees and expenses for the�arbitrator's services and
proceedings shall be borne equally by the EMPLOYER and
the UNION provided that each party shall be responsible
for compensating its own representatives and witnesses.
If either party desires a verbatim record of the
proceedings, it may cause such a record to be made,
providing it pays for the record. If both parties desire
a verbatim record of the proceedings the cost shall be
shared eqttally.
7.6 Waiver
If a grievance is not presented within the time limits set
forth above, it shall be considered "waived." If a grievance
is not appealed to the next step within the specified time
limit or any agreed extension thereof, it shall be considered
settled on the basis of the EMPLOYER'S last answer. If the
EMPLOYER does not answer a grievance or an appeal thereof the
within the specified time limits, the UNION may elect to treat
the grievance as denied at that step and immediately appeal
the grievance to the next step. The time limit in each step
may be extended by mutual written agreement of the EMPLOYER
and the UNION in each step.
6
5L
7.7 Choice of Remedv
If, as a result of the written EMPLOYER response in Step 3,
the grievance remains unresolved, and if the grievance
involves the suspension, demotion, or discharge of an employee
who has completed the required probationary period, the
grievance may be appealed either to Step 4 of Article VII or
a procedure such as: Civil Service, Veteran's Preference, or
Fair Employment. If appealed to any procedure other than Step
4 of Article VII, the grievance is not subject to the
arbitration procedure as provided in Step 4 of Article VII.
The aggrieved employee shall indicate in writing which
procedure is to be utilized (Step 4 of Article VII or another
appeal procedure) and shall sign a statement to the effect
that the choice of any other hearing precludes the aggrieved
employee from making a subsequent appeal through Step 4 of
Article VII.
ARTICLE VIII SAVINGS CLAU3E
This AGREEMENT is subject to the laws of the United States, the
State of Minnesota and the City of Fridley. Tn the event any
provision of this AGREEMENT shall be held to be.contrary to law by
a court of competent jurisdiction from whose final judgment or
decree no appeal has been taken within the time provided, such
provisions shaZl be voided. All other provisions of the AGREEMENT
shall aontinue in full force and effect. The voided provision may
be renegotiated at the written request of either party.
ARTICLE IX SEE�TIORI'1'Y
9.1 Senior?�y shall be determined by the employee's length of
continuous employment with the Fire Department and posted in
an appropriate location. Seniority rosters may be maintained
by the FIRE CHIEF on the basis of time in grade and time
within specific classifications.
9.2 During the probationary period, a newly hired or rehired
employee may be discharged at the sole discretion of the
EMPLOYER. During the probationary period a promoted or
reassigned employee may be replaced in the employee's previous
position at the sole discretion of the EMPLOYER.
9.3 A reduction of work force will be accomplished on the basis
of seniority. Employees shall be recalled from layoff on the
basis of seniority. An employee on layoff shall have an
opportunity to return to work within two years of the time of
that layoff before any new employee is hired.
9.4 Vacatio� periods to a maximum of two (2) weeks shall be
selectec� on the basis of seniority until May 1st of each
calendar �ear.
7
5M
ARTICLE % DISCIPLINE
10.1 The EMPLOYER will discipline employees for just cause and
disciplinary action may be in one or more of the following
forms :
a. oral reprimand;
b. written reprimand;
c. suspension;
d. demotion; or
e. discharge.
10.2 Suspensions, demotions and discharges will be written form.
10.3 Written reprimands, notices of suspension, and notices of
discharge which are to become part of an employee's personnel
file shall be read and acknowledged by signature of the
employee. Employees will receive a copy of such reprimands
and/or notices.
10.4 Employees may examine their own individual personnel files at
reasonable times under the direct supervision of the EMPLOYER.
ARTICLE XI WORR SCHEDIILES
11.1 The normal work schedule for the employees of the Fire
Department shall consist of a fifty (50) hour work week
including hours worked on assigned shifts, holidays, and
authorized leave time.
The Department Manager is responsible for scheduling and
assigning the weekly work schedule.
11.2 The City claims the authority to schedule Employees' duty
schedule. A normal work schedule for the employees will be
a combination of shifts comprised of twelve (12) hours between
8:00 p.m. Sunday and 8:00 a.m. Friday and nine (9) hours
between 7:00 a.m. Monday and 4:00 p.m. Friday.
1i.3 It is recognized by the parties that service to the public may
require the establishment of regular shifts fo.r some employees
on a daily, weekly, seasonal, or annual basis, other than the
regularly scheduled hours. The employer will give advance
notice to the employees affected by the establishment of work
days different than the normal employee's work day.
11.4 In the event that work is required because of unusual
circumstances such as (but not limited to) fire, flood, snow,
sleet, breakdown of municipal equipment of facilities, no
advance notice to the employees need be given. It is not
required that an employee working other than the normal
workday be scheduled to work more than the scheduled hours;
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however, each employee has an obligation to work overtime if
requested, unless unusual circumstances prevent the employee
from doing so.
11.5 It�is also recognized by the parties that service to the
public may require the establishment of regular work weeks
that schedule work on Saturdays and/or Sundays. Employees who
are regularly scheduled to be on duty Saturday and/or Sunday
will be granted two consecutive days off in lieu of Saturday
and/or Sunday.
ARTICLE XII ANNIIAL LEAVE
12.1 Each employee shall be entitled to annual leave away from
employment with pay. Annual leave pay shall be computed at
the regular rate of pay to which such an employee is entitled.
Because of changes in average hours per week and because of
the relative adjustment of hourly wage rates, annual leave
accumulations shall be recalculated as of the day prior to the
effective date of this contract. Total hours accumulated
annual leave shall be divided by 11.33 and multiplied by 10.00
to calculate each EMPLOYEE's adjusted annual leave
accumulation. Henceforward EMPLOYEES shall accumulate and use
annual leave based on ten (10.00) hour days.
12.2 A beginning employee shall accrue annual leave at the rate of
eighteen (18) days per year for the first seven (7) years (84
successive months).
An employee who has worked seven (7) years (84 successive
month5) shall accrue annual leave at the rate of twenty-four
(24) days per year, beginning with the eighty-fifth (85th)
month of successive employment. An employee who has worked
fifteen (15) years (180 consecutive months) shall accrue
annual leave at the rate of twenty-six (26) days per year,
beginning with the one hundred eighty-first (181st) month of
consecutive employment.
12.3 For an employee hired on or after January l, 1984:
The maximum total accumulation of annual leave at the end of
any given year shall be thirty (30) days.
Once a year, at a time designated by the City, an employee who
has completed seven (7) years of service with the City will
have the opportunity to exchange up to three (3) days of
accumulated annual leave for cash. At the same time, an
employee who has completed fifteen (15) years of service with
the city will have the opportunity to exchange up to five (5)
days of accumulated annual leave for cash.
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Z2.4 For an employee hired prior to January 1, 1984:
Vacation accrued but unused as of December 31, 1983 shali be
converted to annual leave at the rate of one (1) day of annual
leave for one (1) day of vacation. Accrued but unused sick
Ieave as of December 31, 1983 shall be converted to annual
leave according to the following schedule:
a. lst 45 days @ 1 day of annual leave for 1 day of sick
leave
b. 2nd 45 days 1 day of annual leave for 2 days of sick
leave
c. Remainder @ 1 day of annual leave for 3 days of sick
leave
The total amount of annual leave credited to the employee's
balance as of January 1, 1984 shall be equal to accrued but
unused vacation plus accrued but unused sick leave converted
according to the formula above.
If upon conversion to the annual leave plan an employee's
accumulation of annual leave exceeds thirty (30) days, that
amount shall be the maximum total accumulation (cap) for that
employee at the end of any subsequent year.
Once a year, at a time designated by the City, an employee
will have the opportunity to exchange up to five (5) days of
accumulated annual leave for cash.
In addition, once a year at a time designated by the City-, an
employee with an accumulation of annual leave in excess of
thirty (30) days will have the opportunity to exchange up to
five (5) days of annual leave for cash. Such an exchange
shall reduce the maximum total accumulation (cap) of an
employee by an equal amount.
12.5 Upon separation from employment with the City, an employee
will be paid one (1) day's salary for each day of accrued
annual leave remaining in the employee's balance.
ARTICLE XIII SHORT TERM DISABILITY
13.1 Each employee who has successfully completed the employee's
probationary period shall be eligible for the short term
disability benefit. Such an employee shall be entitled to
full pay commencing on the twenty-first (21st) consecutive
working day on whi.ch the employee is absent due to a
physician-certified illness or injury off the job, and
continuing until the employee returns to work able to carry
out the full duties and responsibilities of the employee's
position or through the one hundred and tenth (110th) working
day of absence, whichever occurs first. Such an employee
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shall also be entitled to full pay commencing on the eleventh
(ilth) consecutive working day on which the employee is absent
due to a physician-certified illness or injury on the job and
continuing until the employee returns to work able to carry
out the duties and responsibilities of the employee's position
or through the one hundredth (100th) working day of absence,
whichever occurs first. The amount of any compensation for
the short term disability benefit shall be reduced by any
payment received by the disabled employee from workers'
compensation insurance, Public Employees Retirement
Association disability insurance, or Social Security
disability insurance. Payment of short term disability
benefit by the City to an employee shall not exceed ninety
(90) working days for any single illness or injury, regardless
of the number and spacing of episodes. The annual leave
balance of an employee receiving short term disability benefit
shall not be reduced, nor shall such employee accrue annual
leave during that period.
13.2 Before any short term disability payments are made by the City
to an employee, the City may request and is entitled to
receive a certificate signed by a competent physician or other
medical attendant certifying to the fact that the entire
absence was, in fact, due to the illness or injury and not
otherwise. The City also reserves the right to have an
examination made at any time of any employee claiming payment
under the short term disability benefit. Such examination may
be made on behalf of the City by any competent person
designated by the City when the City deems the same to be
reasonably necessary to verify the illness or injury claimed.
13.3 If an employee hired before January 1, 1984 has received
payments under the injury-on-duty provisions of previous
contracts, the number of days for which payment was received
will be deducted from the number of days of eligibility for
coverage under short term disability for that same injury.
13.4 If any employee's non causaily related injury or illness
exceeds 110 working days, the employee shall be entitled to
draw from the employee's remaining annual leave.
13.5 If an employee's causally related illness or injury exceeds
100 working days, the employee may draw from the employee's
remaining annual leave in addition to those benefits to which
the employee receives in accordance with the workers'
compensation provisions.
13.6 When an employee exceeds the 110 working days (off duty)
disability or 100 working days (on duty) disability and
commences to draw on annual leave, the employee shall again
accrue benefits in accordance with accepted City policy.
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ARTICLE gIV PAY FOR CALL BACR AND DRILLS
14.1 A firefighter responding to a fire call before or after
regularly scheduled work hours or on a day off shall be
compensated in an amount equal to a minimum of one (1) hour
at one and one half (l l/2) times the hourly rate calculated
in accordance with the provisions of the federal Fair Labor
Standards Act. If the fire call lasts for more than one (1)
hour the firefighter shall be compensated at the above rate
of pay for each additional fifteen (15) minute period or
fraction thereof.
14.2 To calculate the time worked on call back, time shall be
considered to have started at the time of the alarm as
recorded and shall end when the officer in charge has
terminated said alarm. In the event of a simultaneous or
subsequent alarm occurring prior to the termination of the
alarm for which the firefighter was called back, the
firefighter's time worked shall be calculated as continuous
from the time of the first alarm until the officer in charge
has terminated all alarms. �
14.3 Employees who participate in drills before or after regularly
scheduled work hours or on a day off shall be compensated at
the overtime rate of pay for their respective classifications.
ARTICLE BV EMPLOYEE EDIICATION PROGRAMS
15.1 The City will pay certain expenses for certain education
courses based on the following criteria.
a. The training course must have relevance to the Employee's
present or anticipated career responsibilities.
Attendance shall be at City approved institution. The
course must be approved by the Department Head.
b. Financial assistance will be extended only to courses
offered by an accredited institution. This includes
vocational schools, Minnesota School of Business, etc.
15.2 Employee Education Programs Financial Policy
Financial assistance will be extended to cover only the cost
of tuition. Charges for books, student union membership,
student health coverage and other charges for which the
student: receives some item or services other than actual
instruction will not be paid. The City will pay 50 percent
of the cost. Upon successful completion of the course an
-- -�.. _ .,
employee will be required to present a certification of
satisfactory work is defined as follows:
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a. In courses issuing a letter grade, a C or above is
required.
b. In courses issuing a numerical grade, 70 percent or above
is required.
c. In courses not issuing a grade, a certification from the
institution that the student satisfactorily participated
in the activities of the courses is required.
15.3 If the employee satisfactorily completes the course, the
employee will be reimbursed for the additional 50 percent of
the tuition cost incurred. If the employee fails to
satisfactorily complete the course, the City will not
reimburse the remaining 50 percent.
15.4 The program will not reimburse the employee for hours spent
in class, only for the tuition.
15.5 Expenses for which the employee is compensated under some
other educational or assistance program, such as the GI bill,
will not be covered.
15.6 The City will not pay tuition or other costs for those courses
which are used to make the employee eligible for additional
salary.
ARTICLE BVI HOI�IDAYS
16.1 Holidays include New Year's Day, January l; Martin Luther King
Day, the third Monday in January; Washington and Lincoln's
Birthday, the third Monday in February; Memorial Day, the last
Monday in May; Independence Day, July 4; Labor Day, the first
Monday in September; Veteran's Day, November 11; Thanksgiving
Day, the fourth Thursday in November; and Christmas Day,
December 25; provided, When New Year's Day, January 1; or
Independence Day, July 4; or Veteran's Day, November 11; or
Christmas Day, December 25; falls on Sunday the following day
shall be a holiday, and provided, when New Year's Day, January
1; or Independence Day, July 4; or Veteran' s Day, November 11;
or Christmas Day, December 25; falls on Saturday, the
preceding day shall be a holiday.
16.2 In addition to the holidays listed above, employees covered
by this contract shall be entitled to two (2) additional paid
holidays designated by the City Council for a total of eleven
(11) paid holidays per year.
ARTICLE %VII PROBATIONARY PERIODS
17.1 Al1 newly hired or reh:ired employees will serve a twelve (12)
month probationary period. ,� ,---- ��
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ARTICLE BVIII FUNERAL PAY
18.1 In case of death occurring in the immediate family of an
employee, such an employee may be excused from work for up to
three days with additional time off granted by the City
Manager if additional time is needed. This time off shall not
subject the employee to loss of pay. For this purpose,
members of the immediate family of the employee are considered
to be the following; spouse, child (natural or adopted),
parent, grandparent, brother, sister, mother-in-law or
father-in-law.
ARTICLE %IR JURY PAY
19.1 It shall be understood and agreed that the City shall pay all
regular full time employees serving on any jury the difference
in salary between jury pay and the employee's regular salary
or pay while in such service.
ARTICLE RR IINIFORM ALLOWANCE � -
20.1 The City shail provide a uniform clothing allowance for
Firefighters, said allowance to be paid in cash in January of
each year. The allowance shall be $375.00 for 1994.
ARTICLE %RI INSIIRANCE
21.1 The EMPLOYER will contribute up to a maximum of three hundred
fifteen dollars ($315.00) per month per employee toward
health, life and long-term disability insurance, in accordance
with the EMPLOYER'S flexible benefit plan, for employees
choosing family coverage for calendar year 1994.
21.2 The EMPLOYER will contribute up to a maximum of two hundred
five dQllars ($205.00) per month per employee toward heath,
life and long-term disability insurance, in accordance with
the EMPLOYER'S flexible benefit plan, for employees choosing
single coverage for calendar year 1994.
21.3 By mutual agreement each employee may use up to fifteen
dollars ($15.00) per month of health insurance dollars in 21.1
and 21.2 for group dental insurance of.fered through the city,
in accordance with the EMPLOYER'S flexible benefit plan.
21.4 Individual employees may provide for an. increased EMPLOYER
contribution for insurance over that amount stipulated in 21.1.
by lowering their compensation from the rates stipulated in
Articles XXII, XXIII, and XXIV to provide for the employee's
health insurance and dental insurance, including dependent
coverag�, and life insurance.
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21.5 The Employer will pro�ride group term
maximum of $25,000 per Employee and
death and disability i�nsurance with a
Employee. Provided that the total City
premiums does not exceed the amount set
ARTICLE %%II RATES OF PAY
22.1 Firefighters 1994
First six months
After six months
After 1 1/2 years
After 2 1/2 years
After 3 1/2 years
$12.33 per hour
$12.95 per hour
$13.59 per hour
$14.27 per hour
$14.99 per hour
ARTICLE X%III ADDITIONAL INt:ENTIVE PAY
life insurance with a
additional accidental
maximum of $25,000 per
cost for all insurance
forth in this article.
23.1 Incentive pay will be paid over and above the standard base
rate or going rate fox• Employees hired prior to .January 1,
1974 according to the i'ollowing schedule, provided employees
have made demonstratax�le progress towards improving their
proficiency for their particular job title or job assignment.
After 5 years of :�ervice $24
After 10 years of service $48
After l5 years of service $72
ARTICLE RXIV COLLEGE CREDi7'S
24.1 For Firefighters hired �after January 1, 1974 the City will pay
for education credits e:arned at an accredited institution of
higher learning at tk►e rate of $.40 per quarter credit
starting with the ninet:y-first (91st) quarter credit.up to a
maximum of one hundred eighty (180) credits or a maximum of
$36.00 per month. All courses taken must be approved by the
Employer. No Firefighter hired after January 1, 1974 will be
eligib2e for payments under ARTICLE XXIII. No Firefighter
will draw both additional incentive pay under ARTICLE XXIV,
and pay for educational incentive pay under ARTICLE XXIV, and
pay for education credit., Employees will not be eligible for
education credits during their twelve (12) month probationary
period. A determination of the number of credits an employee
is eligible for will be made on December 1 of the previous
year. Credits earned during the year will not be counted
until the succeeding year. The City will not pay tuition for
courses that the Employee will later be pa.id for as nated
above.
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ARTICLE gXV SEVERANC$ PAY
25.1 For all employees hired� prior to January 1, 1978, the
severance pay policy shall be as follows:
Any Employee with forty-eight (48j or more consecutive months
of employment will receive severance pay in cash based on one-
and-one-half (1 1/2) days for each twelve (12) consecutive
months worked, but not to exceed thirty (30) days of the same.
ARTICLE %XVI WAIVER
26.1 Any and all prior agreements, resolutions, practices,
policies, rules and regulations regarding terms and conditions
of employment, to the extent inconsistent with the provisions
of the AGREEMENT, are hereby superseded.
26.2 The parties mutually acknowledge that during the negotiations
which resulted in this AGREEMENT, each had the unlimited right
and opportunity to make demands and proposals with,respect to
any term or condition of employment not removed by law from
bargaining. All agreements and understandings arrived at by
the parties are set forth in writing in this AGREEMENT for the
stipulated duration of the AGREEMENT. The EMPLOYER and the
UNION each voluntarily and unqualifiedly waives the right to
meet and negotiate regarding any and all terms and conditions
of employment referred to or covered in this agreement or with
� respect to any term or condition of employment not specifi-
cally referred to or covered in this AGREEMENT, even though
such terms or conditions may not have been within the
knowledge or contemplation of either or both of the parties
at the time this contract was negotiated or executed.
ARTICLE RXVII DIIRATION
This AGREEMENT shall be effective as of January 1, 1994, and shall
, remain in full force and effect until the thirty-first day of
December, 1994. In witness whereof, the parties hereto have
executed this AGREEMENT on this day of , 1994.
CITY OF FRIDLEY
MAYOR - WILLIAM J. NEE
CITY MANAGER - WILLIAM W. BURNS
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FOR THE INTERNATIONAL ASSOC:IATION OF
FIREFIGHTERS LOCAL NO. 198E�
HOWARD H. SIMONSON
GARY E. LARSON
KEVIN J. SWANSON
I hereby recommend to the City Council approval
of this agreement.
WILLIAM C. HUNT - ASSISTANT TO THE CITY MANAGER
CHARLES J. MCKUSICK - CHIEF, FIRE DEPARTMENT
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C�
City of Fridley
[� Recreation & Na�ural Resource Department
6431 University Avenue NE, Fridley, Minnesota 55432
Phone # 612-572-3570 Fax # 612-571-1287
—
October 5, 1994
TO: William W. Burns ,���
City Manager
FR: 7ack Kirk ���✓
Director
RE: CITY ORDINANCE, CHAPTER 513
The current city ordinance (Chapter 513) limiting use of skates on tennis courts and other areas .
uses a trademark name, Rollerblade, rather than the generic term for the products called in-li�e
skates. To correct this situation I have revised the attached ordinance, which changes all
reference to Rollerblades to In-Line Skates.
JK: sj
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JK94-119
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 513 OF THE FRIDLEY
CITY CODE, ENTITLED ��REGULATION OF SRATEBOARDB,
ROLLERSRIS, ROLLERSRATES AND ROLLERBLADES�� TO AMEND
THE AORD ��ROLLERBLADE"
THE CITY COUNCIL OF THE CITY OF FRIDLEY DOES ORDAIN AS FOLLOWS:
513. REGIILATION OF SRATEBOARDS, ROLLERSKIS, ROLLERSRATES AND
IN-LINE SRATES
513.01. PURPOSE
1. The purpose of this Chapter is to protect.the public
health and safety arising out of the use of skateboards,
rollerskis, rollerskates and --�,,��'�,�a�� in-line skates
within the City; to regulate the use thereof upon public
streets, sidewalks, and bikeway/walkways; to prohibit the
same from Fridley Plaza Center and from public tennis
courts; to prohibit the same from public or private
parking areas without permission of the owners; and to
provide penalties for violations.
2. Nothing in this Chapter shall be construed to prohibit
the use of a wheelchair or any other wheeled device
designed to assist a disabled person on any of the places
mentioned in this Chapter.
513.02. DEFINITION3
The following definitions shall apply in the
interpretation and application of this Chapter, and the
following words and terms, wherever they occur in this
Chapter, are defined as follows:
l. Skateboard.
A non-motorized platform mounted on wheels which are not
greater than six (6) inches in diameter. � �
2. Rollerski.
A non-motorized ski-like device mounted on wheels which
are not greater than six (6) inches in diameter.
3 . Rollerskate/r�" �~�'�' �a� In-Line Skate.
A non-motorized device with wheels not greater than six
(6) inches in diameter which is attached to a shoe or
designed to be attached to a shoe.
. `
513.03. PROHIBITED ACTS
It shall be unlawful for any person to ride or propel
oneself upon skateboards, rollerskis, rollerskates or
��„�M�,�a�� in-line skates in any of the following
circumstances:
1. Iri the Fridley Plaza Center bounded by Fourmies Avenue
on the south, by N.E. 5th Street on the east, by the
Fridley Municipal Center on the north, and by University
Avenue Service Drive on the west.
2. On any public tennis court in the City of Fridley.
3. On any public or private parking lat, ramp, area or
facility without the expressed permission of the owner.
4. In any area within the City while being pushed, pulled
or in anyway propelled by any motorized vehicle or by a
person on a bicycle.
5. Contrary to the statutory provisions applicable to tYie
operation of bicycles.
513.04. EXCEPTION3
The provisions of this Chapter shall not prohibit the
owner of a property from using those premises for
skateboards, rollerskis, rollerskates or ��" -�'�'"a"�` in-
line skates for the owner's own use or for an organized
event conducted with the owner's permission.
513.05. PENALTIES
Any violation of this Chapter is a misdemeanor and is
subject to all penalties provided for such violations
under the provisions of Chapter 901 of this Code. �
PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF FRIDLEY
THIS DAY OF , 1994.
ATTEST:
WILLIAM A. CHAMPA - CITY CLERK
First Reading:
Second Reading:
Publication:
. :
WILLIAM J. NEE - MAYOR
�.Rollerblad�
September 19, 1994
Ms. Nancy Jorgenson
Council Member-At-Large �
City of Fridiey
6431 University Avenue NE
Fridiey, MN 55432
Dear Ms. Jorgenson:
I appreciate your concems ezpressed in the Fall 1994 edition of the City of Fridley's
Newsletter regarding damage to your city's tennis courts. In an effort to protect the
ROLLERBLADE trademark, however, I ask your help in following,the enclosed guidelines
to the proper use of the ROLLERBLADE trademailc shoutd you have the opportunity to
further discuss this matter.
ROLLERBLADE is a trademark of Rollerblade, Inc. which -we use to describe and
distinguish our in-line skates and �elated products and seniices from those of campe#itors°.
Proper generic terms for the product, athlete and spo�t� are in-line skates, in-line skaters
and in-line skating. .Therefore, we would appreciate your use-of the term "in-line skates"
since it is not only our brand of skates that is the topic�for concem. Also °rollerblade" :
hodcey should be referred to as rollerhockey. �- �
I bri�g this `ir�formation #o your attent+on because' arry �company: _irrtroducing a unique `
product, like 3M did. with SCOTCH� tape, Kimberly-Cfark did with KIEENEX� tissue, Xerox
did .with XEROX� photocopy machines; and'fiotlerbtade,,lnc::did with ROL:LERBLADE'� in-_
line skates,- n�ns the: risk that the.brand name it _created inrill be'_used as, the generic term ..
for the product. - - ' ` _ - -
If . a trademark is corrtinually misused, the courts � may issue a judgmerrt allowing a
-trademark_to become the generic word for the product :: If'this should happen anyone can
use it because the word or symbol :no longer indicates to'the:public that the products on
which the mark was used were .made, sold or 'supplied by _that � company: '- Loss of a'.
t�ademark� not onty denies consumers the opportunity #o iderrtify preferred brands .and
repeat satisfactory purchases, it also destroys the owner's goodwill and investment in the
mark: -
Tnerefore, your anticipatea assistance in helping profect the ROL�tF�6LAGE name �is �
appreciated. ., n �� // ,
General Counsel
DG/Ilw
Enclosure
�_710� � j�`EX #291179
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ROLLERBLADE, INC. ► 5101 SHADY OAK ROAD ► MINNEAPOLIS, MN 5• /•., �
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.�' � ' • ".��f`�����I��.1� �t_!•r� 4:�r�. . . �-
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Community Development Department
PLANNING DIVISION
City of Fridley
DATE: October 13, 1994 �
TO: William Burns, City Manager fi�l
c•�
SUBJECT:
Barbara Dacy, Community Development Director
Scott Hickok, Planning Coordinator
Michele McPherson, Planning Assistant
Resolution Approving a Plat Request, P.S. #94-05,
by Keith Eibensteiner for Biltmore Construction
The City Council at its September 19, 1994 meeting conducted a
public hearing regarding the request. Staff recommends that the
City Council approve the attached resolution with the following
stipulations attached as Exhibit A:
1. A restrictive covenant shall be recorded against Lots 1 and
2, Block 2, preventing the removal of.vegetation, except for
dead and diseased trees. Staff has identified the area
within which the restrictive covenant shall apply, and the
legal description is as follows: Lot 1, Block 2: Beginning
at the southeast corner of said Lot 1 northwesterly along a
line to a point�75 feet west of the east lot line of said
Lot l, easterly to the northeast corner of said Lot 1 and
thence southerly to the point of beginning. Lot 2, Block 2:
Beginning at the northeast corner of said Lot 2 south to the
southeast corner, thence westerly to a point 75 feet west of
the east lot line of said Lot 2, thence northeasterly to the
point of beginning.
2.
3.
Outlot A shall be named as a lot in the plat.
The dwelling on Lot l, Block 1, shall face Royal 0ak Court.
4. The significant trees along the side lot line of Lot 1,
Block 1, within the 17.5 foot setback shall be preserved.
Significant trees are defined as those trees six inches or
greater in caliper.
5. Verifying surveys shall be submitted prior to the capping of
the foundation.
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Eibensteiner Plat
October 13, 1994
Page 2
6. The petitioner shall pay a park dedication fee of $1,500 per
lot (9 x$1,500 =$13,500) at the time of building permit
issuance.
7. The water quality pond shall be sized to meet the
requirements of the Rice Creek Watershed District.
8. The Archdiocese shall execute and record a stormwater pond
maintenance agreement providing for ongoing maintenance of
the pond.
9. The drainage easement shall be dedicated over the water
quality pond.
10. The design details of the six inch watermain loop as
proposed by the petitioner shall be approved by the Public
Works Director. This option is acceptable only if the trees
indicated in the Royal Oaks memo dated July 21, 1994 are not
removed as a result of any other construction.
11. The petitioner shall install water and sewer services to the
lots on Matterhorn Drive and shall pay the appropriate
connection fees.
12. SAC fees shall be paid at the time of building permit
issuance.
13. The petitioner shall comply with the comments iisted in
Scott Erickson's memo dated June 16, 1994, except for items
#2, #4, and #22 wh�ch no longer apply to the request.
14. Individual grading, erosion control, and tree preservation
plans shall be submitted for each lot prior to the issuance
of a building permit.
15. The improper fill of the wetland shall be removed and the
wetland restored.
16. Restrictive covenants shall be recorded against Lots 5, 6,
and 7, Block 1, preventing any filling of wetlands,
including brush, grass clippings, trash, etc. Accessory
structures and footings for decks, additions, gazebos, etc.,
shall not be located in the wetlands as delineated on the
plat. The language shall be reviewed by the City Attorney.
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Eibensteiner Plat
October 13, 1994
Page 3
17. No grading shall occur below the elevation of 948 on Lots 5
and 6, Block 1, and the lowest basement floor opening shall
be at the 950 or above elevation. No grading shall occur
below the elevation of 953 on Lot 7, Block 1, and the lowest
basement floor opening shall be at the 955 elevation or
above.
18. The dwellings on Lots 5 and 6, Block 1, shall be located as
close to the lot line opposite the wetland as the code
permits or as approved by City staff.
19. Two street trees per lot shall be planted by the petitioner.
20. The individual grading, erosion control, and tree
preservation plan for each lot shall clearly show:
A. The grading limits for the construction of the new
home.
B. The location of warning signage (tree protection
ribbon) that will be placed around the perimeter of the
construction limits protecting all significant trees
outside the construction limits.
C. The location of any significant trees to be saved
inside the construction limits. Any significant tre.es
to be saved shall have fencing around it extended to
the dripline. Work shall not commence until the City
staff has field inspected items #B and #C of the
stipulation.
21. The lots shall not be clear cut of significant trees.
22. Restrictive covenants shall be recorded against the lots
defining a 15 foot no-cut easement which shall be
established along the south property line of Lots 1- 5,
Block 1, Totino-Grace Addition. The easement shall prohibit
the cutting of trees or clearing of understory except for
the removal of dead or diseased trees, subject to Public
Works opinion that there is no impact to drainage by leaving
the trees.
23. The City shall enter into a developers agreement for the
enforcement of the stipulations. �
The petitioner has submitted the restrictiv.e covenants for staff
review. The covenants comply with the stipulations.
�
Eibensteiner Plat
October 13, 1994
Page 4
Approval of the development agreement between the City and
Biltmore Construction will appear later in the agenda.
MM/dw
M-94-615
%C
RE30LIITION NO. - 1994
A RESOLIITION APPROVING PLAT, P.S. #94-05,
TOTINO GRACE ADDITION
WHEREAS, the Planning Commission held public hearings on the
Plat, P.S. #94-05, on June 29, 1994 and August 10, 1994 and
recommended approval; and
WHEREAS, the City Council also conducted a public hearing on the
proposed Plat at their September 19, 1994 City Council meeting
and approved the Plat at their , 1994 meeting; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City
of Fridley hereby approves the Plat, P.S. #94-05, Totino Grace
Addition, with the stipulations attached as Exhibit A, and
authorizes the Mayor and City Manager to sign the Plat as
prepared by E. G. Rud and Sons, 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
7D
WILLIAM J. NEE - MAYOR
Page 2- Resolution No. - 1994 E%HIBIT A
1. A restrictive covenant shall be recorded against Lots 1 and
2, Block 2, preventing the removal of vegetation, except for
dead and diseased trees. Staff has identified the area
within which the restrictive covenant shall apply, and the
legaZ description is as follows: Lot 1, Block 2: Beginning
at the southeast corner of said Lot 1 northwesterly along a
line to a point 75 feet west of the east lot line of said
Lot l, easterly to the northeast corner of said Lot 1 and
thence southerly to the point of beginning. Lot 2, Block 2:
Beginning at the northeast corner of said Lot 2 south to the
southeast corner, thence westerly to a point 75 feet west of
the east lot line of said Lot 2, thence northeasterly to the
point of beginning.
2. Outlot A shall be named as a lot in the plat.
3. The dwelling on Lot 1, Block l, shall face Royal Oak Court.
4. The significant trees along the side lot line of Lot 1,
Block l, within the 17.5 foot setback shall be preserved.
Significant trees are defined as those trees six inches or
greater in caliper.
5. Verifying surveys shall be submitted prior to the capping of
the foundation.
6. The petitioner shall pay a park dedication fee of $1,500 per
lot (9 x$1,500 =$13,500) at the time of building permit
issuance.
7. The water quality pond shall be sized to meet the
requirements of the Rice Creek Watershed District.
8. The Archdiocese shall execute and record a stormwater pond
maintenance agreement providing for ongoing maintenance of
the pond.
9. The drainage easement shall be dedicated over the water
quality pond.
10. The design details of the six inch watermain loop as
proposed by the petitZOner shail be approved by the Public
Works Director. This option is acceptable only if the trees
indicated in the Royal Oaks memo dated July 21, 1994 are not
removed as a result of any other construction.
7E
Page 3- Resolution No. - 1994
11. The petitioner shall install water and sewer services to the
lots on Matterhorn Drive and shall pay the appropriate
connection fees.
12. SAC fees shall be paid at the time of building permit
issuance.
13. The petitioner shall comply with the comments listed in
Scott Erickson's memo dated June 16, 1994, except for items
#2, #4, and #22 which no longer apply to the request.
14. Individual grading, erosion control, and tree preservation
plans shall be submitted for each lot prior to the issuance
of a building permit.
15. The improper fill of the wetland shall be removed and the
wetland restored.
16. Restrictive covenants shall be recorded against Lots 5, 6,
and 7, Block 1, preventing any filling of wetlands,
including brush, grass clippings, trash, etc. Accessory
structures and footings for decks, additions, gazebos, etc.,
shall not be located in the wetlands as delineated on the
plat. The language shall be reviewed by the City Attorney.
17. No grading shall occur below the elevation of 948 on Lots 5
and 6, Block 1, and the lowest basement floor opening shall
be at the 950 or above elevation. No grading shall occur
below the elevation of 953 on Lot 7, Block 1, and the lowest
basement floor opening shall be at the 955 elevation or
above.
18. The dwellings on Lots 5 and 6, Block 1, shall be located as
close to the lot line opposite the wetland as the code
permits or as approved by City staff.
19. Two street trees per lot shall be planted by the petitioner.
20. The individual grading, erosion control, and tree
preservation plan for each lot shall clearly show:
A. The grading limits for the construction of the new
home.
B. The location of warning signage (tree protection
ribbon) that will be placed around the perimeter of the
construction limits protecting all significant trees
outside the construction limits.
7F
Page 4- Resolution No. - 1994
C. The location of any significant trees to be saved
inside the construction limits. Any significant trees
to be saved shall have fencing around it extended to
the dripline. Work shall not commence until the City
staff has field inspected items #B and #C of the
stipulation.
21. The lots shall not be clear cut of significant trees.
22. Restrictive covenants shall be recorded against the lots
defining a 15 foot no-cut easement which shall be
established along the south property line of Lots 1- 5,
Block 1, Totino-Grace Addition. The easement shall prohibit
the cutting of trees or clearing of understory except for
the removal of dead or diseased trees, subject to Public
Works opinion that there is no impact'to drainage by leaving
the trees. ' -
23. The City shall enter into a developers agreement for the
enforcement of the stipulations.
�
�
� _
S
Community Development Department
PLANNING DIVISION
City of Fridley
DATE: October 13, 1994 �
To: William Burns, City Manager ��
FROM:
SUBJECT:
Barbara Dacy, Community Development Director
Scott Hickok, Planning Coordinator
Michele McPherson, Planning Assistant
Approve Development Agreement with Royal Oaks
Realty, Inc. - - �
Stipulated as a condition of approval of the plat request, P.S.
#94-05, by Keith Eibensteiner for Biltmore Construction, Totino-
Grace Addition, the developer is required to enter into a
deveiopment agreement with the City to insure completion of all
other stipulations. The City Attorney has prepared the attached
development agreement which inclucles all stipulations recommended
by staff and the Planning Commission to the City Council. The
developer and staff have reviewed the agreement and agree to its
terms and conditions. Staff recommends that the City Council
approve the attached agreement and order its execution by the
Mayor.
MM/dw
M-94-612
612 780 1777
OCT 12 ��4 r9:18 LAR�IA GUZY � STEF'FENGER
nE9ELOPMEI►1T ARREEMEN'I'
P.2
THTS AGREE�SEENT, made this day of� , 2994.
bEtweex� �e City a� Fridley,-ac�ing by and through its Mayor �nd
City Man�ger (herei.na€ter called the "City" j,_.and �Royal Oaks
Realty, Inc., a Minnesota corporation (h�reinaPter called the
�'Devel�per" ) -
WHE�EAS, tl�e D�v'�loper has made applica�i.vn to th� Cit�r
Crxurtcil for th�� appraval df a plat of land .within the corparate
l�.ma.ts of� the City. described as follows:
See a1:taGhed Exhibit A.
(the !}SubdivisiQn") ; and :
WH�R.EAS, the .Ci.:ty Gouncil, }�g resolution � , �ao�t�a
, 199�, granted i�eve�oper's plat request far a.
pa�fon o.�. the praperty' to a].low it to co�st�rtxat nine., �i:ngle-- :
family�. ha�ta�s on the subdivisian on the cond�tion that.��h� �
subdivisian is c��veloped according �a th�-site.plan, dated
, 2994, and incarp�r�.�ed herein by reference,
NaW, THEREFQRE� in �ansideration of the ic�rec�oing and of the
1uu�ual granEises and, � cc��ditivns hereinaEter � col�ta�ned�, it �is
her�by aqr�ed as failaws: -� . ..
1. �gg�a�►ements. improvements sha7.l i.nclude, but n.ot `be
li,m�.ted t�� the fo].1Q.w�,nq: ..
�-- �tarm sewer. �
--- :��reets -
--- C�7nGr�te curb and gutter.
-- Stx�eet signs.
-- Site grada.ng and ponding.
: `
-- Underground utilities.
-- Setting of lot and block monuments.
-- Surveying and staking.
The improvements shall be installed in accordance with City
standards, ordinances, and technical specifications. The
Developer shall submit plans and specifications which have been
prepared by a competent registered professional civil engineer to
the City for approval by the City Engineer. The Developer shall
obtain all necessary permits from other agencies before
proceeding with construction. The Developer shall instruct its
engineer to provide adequate field inspection personnel to assure
an acceptable level of quality control to the extent that the
Developer's engineer will be able to certify that the
construction work meets the approved City standards as a
condition of City.acceptan.ce. In addition, the City may, at the
City's discretion and at the Developer's expense, have one or �
more Gity inspectors and a soil engineer inspect the work on a
full or part-time basis. The Developer, its contractors and
subcontractors, shall follow all instructions received from the
City's inspectars.. The Developer or his engineer shall schedule
a preconstruction meeting at a mutually agreeable time at the
City Hall with all parties concerned, including the City staff,
to review the program for the construction work. Within thirty
(30) days after the completion of the improvements and before the
security is released, the Developer shall supply the City with a
complete set of reproducible "as.constructed" plans, and two
-2-
.
complete sets of blue line "as constructed" plans, a11 prepared
in accordance with City standards.
The City�s specific requirements for this project include,
but are not limited to, the following:
(a) Location of Dwellinq.
(1) The dwelling on Lot 1, Block 1, Totino Grace
Addition, shall be oriented such that it
faces Royal Oaks Court.
(2) The dwellings on Lots 5 and 6, Block l,
Totino Grace Addition, shall be located as
close to the lot line opposite the wetland as
the code permits or as apgroved by City
staff..
- (b) Trees. The Developer shall not clear cut
significant trees on the subdivision, and the
significant trees along the side lot line of Lot
1, Block 1, Totino Grace Addition, within the 17
1/2 foot setback, shall be preserved. _
"Significant trees", are defined as those trees
six inches or qreater.in caliber dimension as
measured six inches from the ground elevation.
The Developer shall plant two street trees per
lot. The type and size shall be app.roved by the
City.
(c) Water Qualitv Pond. The water quality pond shall
be sized to meet the detention requirements of the
-3-
: �
Rice Creek Watershed District.
(d) Water and Sewer. Developer shall install water
and sewer in accordance with plans submitted to
date, as well as the plans required to be
submitted in this agreement including, but not
limited to, the following requirements:
(l) Developer shall install valves on the water
main at both ends.
(2) Developer shall construct the new sewer main
with the maximum possible grade.
(3) All utilities shall be installed by the
Developer and shall be inspected by and meet
all City's specifications.
(4) The Developer shall stub water and sewer
services to the two lots located off
Matterhorn Drive. These water and sewer
services shall be inspected and must meet all
City standards. The City will patch the
street following the installation of water
and sewer services. Prior to the Developer
cutting the street to put in water and sewer
services, the Deve�oper must have the cut
approved by the Public Works Department of
the City.
(5) The Developer shall install to the
satisfaction of the City, 20 foot radius B618
-4-
:i
curb retu•rns on Arthur Street.
(6) The Developer shali use NEENAH R-3250-A for
catch basin grates and NEENAH R-1733-A lids
and castings in (27 inch diameter) for
manhole covers.
(7) The Developer shall install a grate on the
end of the storm pipe outlet.
(8) The Developer shall install erosion control
around all of the catch basins.
(9) The Developer shall adjust the alignment of
water and sewer main locations as noted on
the drawing, dated
�
(e) Gradina. The Developer shall cause no grading to
occur below the elevation of 948 feet on Lots 5
and 6, Block l, Totino Grace Addition. Said lots
shall have no basement openings below an elevation
of 950 feet. Additionally, no grading shall occur
below the elevation of 953 feet on Lot 7, Biock 1,
Totino Grac.e Addition. Said lots shall`have no
basement openings below an elevation of 955�feet.
(f) Street. The Developer will provide the City with
all plans, soil borings, design, inspections,
surveys, and the name of its contractor. In
addition, the proposed cul-de-sac shall have a
� radius of 45.5 feet.
(g) Dwelling Elevation. The Developer shall not allow
-5-
:
the lowest basement floor opening to be below the
950 foot elevation on Lots 5 and 6, Block 1,
Totino Grace Addition. Developer shall not allow
the lnwest basement floor opening to be below the
955 foot elevation on Lot 7, Block l, Totino Grade
Addition.
(h) Wetland Fill. The Developer shall remove the
improper fiil deposited in the wetlands and-shall
restore the wetlands to the condition they were in
prior to the depositing of the improper fill.
2. Plans. In accardance with the policies.and ordinances
and requirements of the City, the following descxibed plans shall
be provided by Developer for approval by the City prior to the
commencement of any construction:
(a) Verifying Survevs. The Developer shall submit
verifying surveys prior to the capping of any
foundation work on any of the lots within the
development.
(b) Water and Sewer. The Developer shall design and
provide the City design details meeting the City�s
requirements, including the six-inch water main
loop as proposed by the Developer. Said design
detail shall be provided to the Director of Public
Works.
(c) Grading Plan. The Developer shall revise the
plans submitted to show the existing invert
Q�
:
elevations of the sanitary sewer manholes in
Arthur Street. The Developer shall redesign the
new sewer main to provide for the maximum grade
possible. The plans submitted shall be amended
and resubmitted for approval to the Director of
Public Works.
(d) Gradinq, Erosion Control, and Tree Preservation
Plans. The Developer shall submit a grading,
erosion control, and tree preservation plan which
shall clearly show for each lot:
(1) The grading limits for the construction of
the new home.
(2) The location of warning signage (tree
protection ribbon) that will be placed around
the perimeter of the construction limits
protecting all significant trees outside the
construction limits.
(3) The location of any significant trees to be
saved inside the construction limits. Any
significant trees to be saved shall have
fencing around them, which shall extend
wherever possible to the tree drip line.
No construction or grading work shall
commence until the City staff has field
inspected items (2) and (3) above.
(e) Street and Utility Plans. The Developer shall
-7-
��
�
provide a street and utility plan showing layout
and profiles. Developer shall submit to the City
soil borings conducted on street Zocations, and
Developer's street design shall into account
findings of the soil boring reports. The street
and utility plan shall be revised to provide for a
cul-de-sac with a radius of 45.5 feet, and for
curb and right-of-way lines consistent with such a
cul-de-sac requirement..
3. Restrictive Covenant. The Developer shall create
restrictive covenants which meet with the City's approval, which
shall be recorded prior to the construction or gradinq work. The
restrictive covenant shall include, but not be limited to, the
following provisions:
(a) That neither the Developer, any future owners, or
assigns, shall remove vegetation within the
defined easement on Lots 1 and 2, Block 2, Totino
Grace Addition, except for dead or diseased trees.
(b) The Developer, or any future owners, shall be.
prevented from filling of wetlands on Lots 5, 6,
and 7, Block l, Totino Grace Addition, which would
include depositing any brush, grass clippings,
trash, etc. In addition, there shall be no
encroachment upon wetlands as delineated in the
plat, by any accessory structures, footings,
decks, storage of any material, automobiles,
�
r',
boats, fire wood, or any other non-native item.
(c) There shall be established a 15-foot "no cut" line
along the southern property lines of Lots 1
through 5, Block 1, Totino Grace Addition. The
covenant shall prohibit the cutting of trees or
clearing of underbrush except for the removal of
dead or diseased trees. This "no cut" covenant
wouid not in any way prohibit the Public Works
Department from requiring cutting where it is
determined that said under brush would affect
drainage.
4. Water and Sewer Assessment. A water and sewer lateral
fee assessment will be applied to each lot. An additional street
and storm sewer assessment will be included for the lots located
off of Matterhorn Drive.
5. Erosion Control. After the site is rough graded, but
before any building permits are issued, the erosion control plan,
Plan , shall be implemented by the Developer and inspected
and approved by the City. The City may impose additional erosion
control requirements if they would be beneficial. All areas
disturbed by the excavation and backfilling operations shall be
reseeded forthwith after the completion of the work in that area.
Except as otherwise provided in the erosion control plan, seed
shall be certified oat/rye seed to provide a temporary ground
cover as rapidly as possible. All seeded areas shall be
fertilized, mulched, and disc anchored as necessary for seed
�
:
retention. The parties recognize that time is of the essence in
controlling erosion. If the Developer does not comply with the
erosion control plan and schedule or supplementary instructions
received from the City or the Anoka County Soil and Water
Conservation District, or the Rice Creek Watershed District, the
City may take such action as it deems appropriate to control
erosion. The City will endeavor to notify the Developer in
advance of any proposed action, but failure of the City to do so
will not affect the Developer's and City's rights or obligations
hereunder. If the Developer does not reimburse the City for any
cost the City incurred for such work within ten (10 days), the
City may draw down the letter of credit to pay any costs. No
development will be allowed and no building permits will be
issued unless the plat is in full compliance with the erosion
control requirements.
6. Street Clean Up. At any time upon the request of City
staff and after the construction is complete, the Developer shall
clear all soil, earth, or debris from the streets and storm se�er
and from the lots within the development resulting from any
construction on the land within the development by the Developer,
its successors or assigns.
7. Permits. The Developer shall obtain all necessary
permits for the development of the property. The Developer shall
pay SAC fees at the time of the building permit issuance.
8. Park Dedication. In accordance with the policies and
ordinances of the City,.the Developer shall pay a park dedication
-10-
:
fee at $1,500.00 per lot at the time of building permit issuance.
The total park dedication fee for the development shall be
$13,500.00 (nine lots x $1,500.00 = $13,500.00).
9. Time of Performance. The Development shall install all
required public improvements by July , 1995. The Developer
may, however, request an extension of time from the City. If an
extension is granted, it shall be conditioned upon updating �he
security posted by the Developer to reflect cost increases and
the extended completion date.
10. Review Costs. Developer shall deposit with City the
sum of $5,000.00 to defray the City's legal, engineering,
planning and other out-of-pocket expenses incurred in connection
with the review and processing of the development. City shall
reimburse itself far out-of-pocket expenses so incurred and shali
deliver to the Developer an itemized statement of such expenses
as soon as reasonably possible. Any excess remaining shall be
retained by City to defray additional anticipated costs in
connection with subsequent municipal review of the subdivision.
Time spent by City staff shall be charged to Developer at two and
one-half times said staff inember's hourly rate. Any charges.over
the initial deposit shall be forwarded to Developer for prompt
payment.
11. Drainage Easement. The Developer shall provide the
City with the a drainage easement dedicated on the plat over the
water quality pond. The water quality pond shall be constructed
entirely within Lot 1, Block 1, Totino Grade Addition.
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:
12. Storm Water Maintenance Agreement. The property owner
(Archdiocese) shall execute and record a Storm Water Maintenance
Agreement providing for the ongoing maintenance of the pond.
13. Maintenance.
(a) Duty to Maintain. Following completion of the
improvements, the Developer shall maintain the
improvements, repairing, restoring or replacing as
necessary any defects or damage which might occur
within two years of the date of completion. The
date of completion shall be defined to mean the
date upon which the City's City Council, by
written resolution, accepts the improvements.
City may, in the City's sole discretion, accept a
portion or portions of the improvements, and
thereby create maintenance obligations which have
different termination dates. In such case, the
security noted in paragraph 17 below may be
amended and allocated among the component parts of
the improvements. City shall not act upon a
resolution accepting all or any part of the
improvements unless the City shall first have
received the written certification of its engineer
that Developer has completed the improvements (or
appropriate portion thereof) in accordance with
the appropriate conditions as set forth in this
agreement.
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�
14. License. The Developer hereby grants the City, its
agents, employees, officers and contractors a license to enter
the plat to perform all work and inspections deemed appropriate
by the City in conjunction with plat development
15. Final Plat Approval. The City agrees to give final
approval and shall sign the final plat of the subdivision upon
execution and delivery of this agreement, and approval of the
plat by the county and of all required petitions, bonds and
security.
16. Effect of Subdivision Approval. For two (2) years from
the date of this agreement, no amendments to the City's.
Comprehensive Plan or official controls shall apply to or affect
the use, development density, lot size, lot layout or dedications
of the approved plat unless required by state or federal law or
agreed to in writing by the City and the Developer. Thereafter,
notwithstanding anything in this agreement to the contrary, to
the full extent permitted by state law, the City may require
compliance with any amendments to the City's Comprehensive Plan,
official controls, platting or dedication requirements enacted
after the date of this agreement.
17. Securitv. To guarantee compliance with the terms of
this agreement, payment of the costs of all public improvements,
and construction of all public improvements, the Developer shall
furnish the City with a letter of credit ("security"), in a form
approved by the City, from a bank for $ , which
represents 1250 of the cost of the im rovem�. The amount of
�.� C� 1���.
-13-
C•] 1'�'
the security was calculated as follows:
On-site storm sewer $
Streets $
Street light signs $
Erosion control $
Engineering, surveying,
and inspection $
This breakdown is for historical reference; it is not a
restriction on the use of the security. The bank shall be
subject to the approval of the City Attorney. The security shall
be for a term ending December 31, 1996. The City may draw down
the security, without notice, for any violation of the terms of
this agreement. If the required public improvements are not
completed at least thirty (30) days prior to the expiration of
the security, the City may also draw it down. If the security is
drawn down, the proceeds shall be used to cure the default. Upon
receipt of partial lien waivers at least equal to the proposed
reduction, with City approval, the security may be reduced from
time to time.
18. Claims. In the event that the City receives claims
from labor or materialmen or others that work required by this
agreement has been performed, the sums due them have not been
paid, and the laborers or mafierialmen or others are seeking
payment out of the financial guarantees posted with the City, the
Developer hereb� authorized the City to commence an interpleader
action pursuant to Rule 22, Minnesota Rules of Civil Procedure
for the District Courts, to draw upon the letters of credit in an
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0
amount up to 125% of the claim(s) and deposit the funds in
complaint with the Rule, and upon such deposit, the Developer
shall release, discharge, and dismiss the City from any further
proceedings as it pertains to the letters of credit deposited
with the District Court, except that the Court shall retain
jurisdiction to determine attorneys' fees pursuant to this
agreement.
19. Legal Proceedings. In addition to the foregoing, the
City may institute any proper action of proceeding.at law or at
equity to abate violation of this Development Agreement, or to
prevent use or occupancy of the proposed dwellings.
20. Ownership of Improvements. Upon completion of the work
and construction required by this agreement, the improvements
lying within public easements shall become City property without
further notice or action.
21. Transfers of Interest.. The Developer agrees that it
will not sell, rent, nor cause to be occupied, any premises
constructed on the development or within the development untii
the City has approved the construction of the improvements
covered by this Development Agreement, the applicable building
codes, and other applicable government regulations and.has issued
a Certificate of Occupancy, unless the City has agreed in writing
to waive this requirement as to specific premises.
22. Attorneys' Fees. The Developer agrees to pay City the
reasonable attorneys' fees arid costs incurred in the event of any
lawsuit or action is commenced to enforce the terms of this
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3
agreement and to collect sums due by the City under the terms of
this agreement.
23. Severabilitv. If any portion, section, subsection,
sentence, clause, paragraph, or phrase of this contract is for
any reason held to be invalid, illegal or unenforceable by a
court of competent jurisdiction, such decision shall not
invalidate or render unenforceable any other provisions of this
contract, and the remaining provisions of this contract shall not
in any way be affected or impaired.
24. Binding Effect. The terms and provisions hereof shall
be binding upon and inure to the benefit of the heirs,
representatives, successors and assigns of the parties hereto and
shall be binding upon all future owners of alI or any part of the
subdivision, and shall be deemed covenants running with the land.
Reference in this document to the Developer, if there be more
than one, shall mean each and all of them. This agreement, at
the option of the City, shall be placed of record so as to give
notice of this agreement to subsequent purchasers and
encumbrances of all or any part of the'subdivision. All
recording fees, if any, shall be paid by the DeveZoper.
SIGNED AND EXECUTED by the parties hereto on this day
of , 1994.
ATTEST:
City Clerk
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CITY OF FRIDLEX
By:
William J. Nee, Mayor
612 78U 1777
rCT 1c "�4 �i9:19 E���t�la �IJ%`l � STE��ENGEf
P.3
R�YAL OAKS REALTY, INC.,
a Minnesota cr��rporation
By:
Marcel Eibe�isteiner
President . �
S'1'ATE OF MINNESVTA)
) ss.
caUNT� �F �o� )
The foregoing was acknowledged befcre_ m� this �ay af
, 199.4�, by William J. Nee, Ma�or, �.n and for the
C�ty o� Fr�.dley, Minnesota, a po�.i�ical subd�.vision af.the State
of Mznnesota, an behalf o� saicl City.
Notaxy Publ�c
STATE t3F MINNESbTA) �
� 9S . _ .
CQLINTY f.1F } • .
The �orego�,ng ratas acknowledgea before me this �. •day of
�r 1994 � by Marce�. Eikaenste�.ne�, tihe Presa.dent �of
Royal Daks Rea�ty, Inc., a Minnesata cexpor�ttion, orr beh�lf a�
the aorporation. ,
�otarx Pub].ic .
f=\carP�gvh\frid7.ey�ray$koak.dev {IO/I2/9�j
- �.7 �
: �
CITY OF FRIDLEY
PLANNING COMMISSION MEETING, OCTOBER 5, 1994
CALL TO ORDER'
Chairperson Newman called the October 5, 1994, Planning
Commission meeting to order at 7:32 p.m.
ROLL CALL:
Members Present:
Members Absent:
Dave Newman, Dave Kondrick, LeRoy Oquist,
Dean Saba, Brad Sielaff, Connie Modig
Diane Savage
Others Present: Barbara Dacy, Community Development Director
Scott Hickok, Planning Coordinator
Michele McPherson, Planning Assistant
Steve Woodley, Wal-Mart
Lynn Porath Turning Point Adult Day Care
,
Karen Russell, St. Philip's Church
Art Swanson, Theisen Partnership
Norma Swanson, Theisen Partnership
Jim Yungner, The Gym, Inc.
Bea Springer, Theisen Partnership
Fran Theisen, Theisen Partnership
Bob Theisen, Theisen Partnership �..
Jan Westfall, Turning Point Adult Day Care
Linda Newmann, Turning Point AduTt Day Care
Kathy O'Connell, McCombs, Frank, Roos &.
Associates
Mike Gair, McCombs, Frank, Roos & Associates
Paul Carlson, Close & Associates
Gar Hargans, Close & Associates_ ,
APPROVAL OF SEPTEMBER 21 1994 PLANNING COMMISSION MTNUTES:
MOTION by Mr. Kondricic, seconded by Mr. Oquist, to approve the
Septenaber 21, 1994, Planning Commission minutes as written.
IIPON A VOICE VOTE� ALL VOTING��IYE, CHAIRPERSON NBWMAN DECLARED
THE MOTION CARRIED IINANIMOIISLY.
1. OLD BUSINESS: CONSIDERATION OF A SPECIAL USE PERMIT, SP
#94-14, BY WAL-MART STORES INC.:
Per Section 205.14.O1.C.(13) of the Fridley City Code, to
allow the expansion of an existing garden center on Lot 1,
Block 1, Wa1-Mart in Fridley, the same being 8450 University
Avenue N.E.
Ms. McPherson stated the request is to expand the existing built
garden center located on the east side of the building. At the
�J
PLANNING COMMISSION MEETING, OCTOBER 5, 1994 PAGE 2
last meeting, the Commission discussed the use of the garden
center for off season storage of inerchandise as weli as the
existence of dropped trailers at the rear of the building and
some unscreened pallets and baled cardboard in the trailer
parking area to the south of the building.
Ms. McPherson stated the Commission tabled the request to allow
staff to work with the petitioner to resolve the issues of the
trailer, baled cardboard, and pallet storage. Staff inet with the
petitioner on September 27, 1994 to discuss the outdoor storage
items. The petitioner agreed to immediately discontinue storage
of materials in the temporary walled space in the garden center.
They are working to remove the wall, move the merchandise from
within that area, and store it in the dropped trailers. Staff
proposed three alternatives to resolve the outdoor storage of the
trailers and the pallets and baled.cardboard as followsz
1. Extend the building.
2. Find adjacent off-site warehouse space.
3. Screen the items.
Ms. McPherson stated the petitioner indicated that Wa1-Mart
corporate would be in contact with staff regarding the options
and what Wal-Mart proposed in terms of �a solution. Late on
October 5, 1994, staff received a letter from Mr. TorreyHerd;
Project.Manager, Wal-Mart Stores, Inc., which in concept states
that Wal-Mart is willing to screen the trailers as well as the
pallets and baled cardboard, and that they would meet with staff
on October 13 to determine suitable structure and design elements
to accomplish that goal. With that, staff recommends approvai of
the request with the.following stipulations: _,;
1. No garden sales shall occur in the parking.lot as conducted
in 1994.
2. The petitioner shall not be permitted to display products on
the front sidewalk.
3. The petitioner sha11 create a storage area to the rear of
the building for trailer, pailet and baled cardboard
storage. The design of the storage area shall meet with
City approval.
4. The landscaping and irrigation displaced by the above
activities is to be relocated.
Mr. Oquist stated the second stipulation does not permit products
on the front sidewalk. Does this also affect the mini-donut
sales?
9.1
PLANNING COMMI83ION MEETING. OCTOBER 5, 1994 PAGE 3
Ms. McPherson stated the owners for the donut sales have a
special use permit for that purpose. Wal-Mart cannot display the
merchandise they sell, such as swingsets, patio furniture, etc.
Mr. Saba asked if they could apply for a special use permit for
sidewalk display.
Ms. McPherson stated they cannot.
Mr. Newman asked when this would go before the City Council.
Ms. McPherson stated the Council would review the request on
October 17, so the resolution which would come on O�tober 13
would be forwarded to the City Council.
Mr. Newman stated the meeting with Mr. Herd on Octobe.r _13.shouid
solve the issue of the storage area.
Ms. McPherson stated this was correct.
Mr. Sielaff asked when this becomes an enforcement issue.
Ms. McPherson stated the City issued in 1994 a one-year special�
use permit to allow a garden center in the parking lot in-lieu of
them coming up with a proposed expansion plan. So, there is not
an enforcement issue. _
Mr. Woodley, Store Manager, stated he met with.staff. What they
are talking about is reasonable. Regarding the display of -
merchandise on the sidewalk; are sidewalk sales part of that
stipulation?
Ms. McPherson stated she believed the City has allowed�sidewalk
sales as long as they are not a continuing, on-going practice.
MOTION by Mr. Saba, seconded by Mr. Kondrick, to approve Special
Use Permit, SP �94-14, by Wal-Mart Stores, Inc. to allow the
expansion of an existing garden center on Lo� 1, Block 1, Wa1-
Mart in Fridley, the same being 8450 University Avenue N.E., with
the following stipulations:
1. No garden sales shall occur in the parking lot as conducted
in 1994.
2. The petitioner shall not be permitted to display products on
the front sidewalk.
3. The petitioner shall create a storage area to the rear of
� the building for trailer, pallet and baled cardboard
storage. The design of the storage area shall meet with
City approval.
9.2
PLANNING COMMISSION MEETING. OCTOBER 5, 1994 PAGE 4
4. The landscaping and irrigation displaced by the above
activities is to be relocated.
UPON A VOICE VOTE� ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED
THE MOTiON CARRIED IINANIMOIISLY.
2. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT SP
�94-15, BY LYNN PORATH OF TURNING POINT ADULT DAY CARE
INC.•
Per Section 205.09.01.(3) of the Fridley City Code, to allow
day care centers, on Lots 1 and 2, Block 2, Moore Lake
Highlands 4th Addition, generally located at 6180 Highway 65
N.E.
MOTION by Mr. Oquist, seconded by Ms. Modig, ta waive the reading
of the public hearing notice and to open the public hearing.
IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED
THE MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 7:40 P.M.
Mr. Hickok stated the request is for a special use permit for an
adult day care center at St. Philip's Lutheran Church. The
seven-acre site is located in the southwest quadrant of West
Moore Lake Drive and Highway 65. The property is zoned. R-3,.
General Multiple Dwelling, and there is R-1, Single Family, to
the west and C-3, General Shopping, to the north and east. The
code requires a special use permit for.day care�facilities -
whether it is day care for adults or children. It is agpropriate
as long as the facility is on the arterial transportation route
and has the appropriate parking and other site conditions. This
is located on Highway 65 and fits the criteria for a special use
permit.
�
Mr. Hickok stated the building was constructed in 1959`and
expanded later in 1964 and again in 1965. The building does have
a child care area which was established in 1962. At that time, a
special use permit was not required for child care activities and
the church has been successful with this activity since that
time.
Mr. Hickok stated the current request is for.an adult day care to
be located in another part of the facility. The total square
footage for the adult facility is approximately 6,000 square feet
and the area for child care is smaller. The areas are separated
physically within the building. Both areas have supervision
which will control the mixture af child activities and adult
activities.
Mr. Hickok stated staff �as reviewed the site and has reviewed
the potential impacts to be created by an adult facility within
the existing complex. There are 242 parking spaces with 10
9.3
PLANNING COMMISSION MEETING, OCTOBER 5, 1994 PAGE 5
handicap spaces. Staff feels this is appropriate based on the
activities within the church.
Mr. Hickok stated staff recommends approval of the request with
the following stipulation:
1. Any additional signage shall comply with the stipulations of
the 1993 variance approval and the sign code.
Mr. Hickok stated, in 1993, a variance was granted to allow 70
square feet for two years and would then revert back to the
standard 40 square feet allowed for the church. At the end of
that period, they could come forward and ask for another variance
or revert back. That is the only issue staff sees with the site
as proposed. The petitioner has indicated that the adult care
facility may use a banner as an introduction to the use, but they
would discuss other types of signage with the church and they
understand they would have to comply with the sign code.
Mr. Oquist asked if this would be a five-day operation.
Mr. Hickok stated yes. The hours are proposed to be 8:00 a.m.-
3:30 p.m., Monday through Friday. This does not include weekends
and holidays.
Mr. Kondrick asked how many adults are�expected to be at the
facility. -
Mr. Hickok stated the capacity as set by the petitioner is 40
adults. Both the child care and adult care areas are required
through the Department of Human Services to be�licensed. The
adult care area has applied and the State has indicated they will
proceed with the license once they have approval from the City
that this is appropriate for the site. �
Mr. Sie2aff asked for clarification that the church has a
variance for the existing sign and this will revert back.
Mr. Hickok stated this was correct. There is a permanent sign in
place for St. Philip's. In 1993, they asked for a variance to
add a temporary sign of painted plywood that has additional
information about the church and its services. It was with the
understanding that this plywood sign would come down after two
years and the church would seek a permanent solution with the
allowable 40 square feet.
Mr. Saba asked if a private party or the church will be running
the center.
Mr. Hickok stated a pri�ate for-profit organization that would be
leasing the space.
9.4
PLANNING COMMISSION MEETING, OCTOBER 5. 1994 PAGE 6
Ms. Porath stated the facility is for adult day care for anyone
over 18 years of age including seniors. This is a new avenue for
adults, seniors, and handicapped persons. There are a number of
adult day care centers in the Twin Cities area. The facility
most like this is the Salvation Army adult day care center in
Maplewood. Their clients would have a separate en�rance from the
child care area. Most clients arrive by Metro Mobility. They
have asked for a maximum of 40 clients.
Mr. Kondrick asked how many children are in the facility.
Ms. Porath did not know. Their clients include anyone over 18
who fits as a vulnerable adult. They would take anyone that fits
the regulations that the state would allow. All clients come
voluntarily. The center will have a rehab segment. They want
people to stay independent and in their homes.
Ms. Modig asked if the facility will have accommodations for
those people who need drop-off services.
Ms. Porath stated the state does nat allow a drop-off center but
they would like to do�that. The clients must have a physician's
approval to come to the center.
Mr. Newman asked for background on the experience of the
corporation.
Ms. Porath stated the personnel are all medical personnel with
rehab and geriatric backgrounds. All staff Y�ave nursing
backgrounds.
Mr. Saba asked the maximum number of clients they would have.
,:
Ms. Porath stated they have asked for 40 in that space. They
must have approximately 40 square feet per person so they could
have more, but they would like to have 40. There will be one
staff person for every five individuals for those individuals,
for example, who would not know what to do in case of fire or do
not have the skills to get out of the way. Other�ise, the state
requires one staff person for every eight individuals. They have
eight staff now for 40 clients. .
Mr. Newman asked if 40 was set by the license.
Ms. Porath stated they have asked for 40 clients. The state
allows more and we can increase that number through re-licensing.
Mr. Newman asked if they would need to come back for another
special use permit if they increased the number of clients.
Mr. Hickok stated they would not need to come back.
9.5
PLANNING COMMISSION MESTING, OCTOBER 5, 1999 PAGE 7
Ms. Modig asked, under the square �ootage, what is the maximum
number of clients.
Ms. porath stated they have skilled people for 40 and that is all
they would every want to take.
Ms. Modig expressed concern that this could change in the future.
Mr..Hickok stated the Commission can add a stipulation that the
special use permit be reviewed at the time they would go to the
state for more thari 40 clients.
MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to close the
public hearing.
IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON N�WMAN DECLARED
THE MOTION CARRIED AND THE POBLIC $EARING CLOSED AT 7:55 P.M.
Mr. Saba stated he had no problem with the request except to.
recommend a review period. .
Mr. Kondrick asked if this would be a general review or a review
when the numbers change.
Mr. Saba stated both. This is new,in terms of use of that
facility. It sounds like this is a good use of the facility, but
we wants to make sure that we are getting into something that�we
are not aware. He would recommend reviewing in one year to one
and a half years.
Mr. Newman stated his concern is that they have met the
requirements of the special use permit and state requirements.
As long as they are not in violation of state requirements, he
was not sure that the City could review anyway.
Ms. Modig stated the City cannot review if they are in compliance
and doing what they have asked to do.
Mr. Saba stated he is concerned about the level of illness or
disability of the people under care.
Ms. Modig stated this is similar to a halfway facility. The
personnel are nurses and licensed. She did not see how we can
regulate or look at. She�is concerned about the numbers and
personnel. The state dictates one staff for 5 clients. If we
allow a special use permit, then we must rely on the state to
police. She did not know that the City could.
Mr. Newman agreed with the concern.
is through the state.
9.6
He suspects the best avenue
PLANNING COMMISSION MEETING, OCTOBER 5, 1994 PAGE 8
Mr. Kondrick recommended adding a stipulation that would refer to
the number of clients that occupy the space in the iacility.
Mr. Oquist agreed that, when going back to re-license for
additional people, it should be controlled by the state.
Ms. Modig stated she had no problem with the request other than
the number of patients. She would like to have feedback on
numbers in the future or when they go back for re-licensing for
additional clients.
Mr. Kondrick asked, with the rules we have, can they have more
people there or is 40 the maximum number.
Ms. McPherson stated the petitioner indicated they need 40 square
feet per person includinq staff. They will.utilize 6_,OOO square
feet. The state would look at and say they can have x number of
people. As Mr. Hickok indicated, a stipulation couid be included
that says once they re-license for over 40, they need to come
back to the City.who must re-issue a special use permit to
increase the number.
Mr. Hickok stated the Commission's recommendation and Council
approval indicates the zoning is appropriate and they have been
given a special use permit. What would trigger that is if we say�
that number changes, then we call it back for review.
MOTION by Mr. aquist, seconde
Special Use Permit, SP #94-15,
Adult Day Care, Inc., to allo
Block 2, Moore Lake Highlands
6180 Highway 65 N.E., with th
d by Mr. Kondrick, to approve
by Lynn Porath of Turning Point
w day care centers, on Lots l and 2,
4th Addition, gener�lly located at
e folZowing stipulations:
1. Any additional signage shall comply with the stipu�ations of
the 1993 variance approval and the sign cade.
2. At which time the applicant makes license application to the
State to serve more than 40 clients, the Special Use Permit
shall be subject to review by the City.
IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DBCLARED
THE MOTION CARRIED UNANIMOIISLY.
Ms. McPherson stated this item would be reviewed by the City
Council. at their meeting of October 17.
3. CONSIDERATION OF RE-USE OF THE 10 OOO AUTO PARTS BUILDING
BY THE GYM GENERALLY LOCATED AT 6525 UNIVERSITY AVENUE N.E
Ms. Dacy stated the request is a two part request. The first is
to occupy a building located in an S-2 Redevelopment District on
9.7
NNING COMMISSION MEETING, OCTOBER 5, 1994 PAGE 9
a temporary basis. The second is to determine the City'S
position to include this use in the approved redevelopment plan.
Ms. Dacy stated the intent of the S-2 district gives broad
discretion to the Housing and Redevelopment Authority (HRA) and
the City and also sets up a process to make that determination.
Ms. Dacy stated the subject parcel is located on the northeast
corner of Mississippi and University. Four years ago, the City
Council approved rezoning to S-2 with stipulations for a
developer to construct a retail strip mall. The 25,000 square
foot mall had 144 parking spaces proposed. The original
developer did not pursue the plan. The current developer does
have option agreements on the two single family homes adjacent to
the east and a verbal agreement with the owner of the building on
the subject parcel.
Ms. Dacy stated the petitioner, Mr. Jim Yungner,� is the owner of
The Gym, which is a personal training center. Mr. Yungner wants
to move his operation from 261 Commerce CircTe to this location:
for a period of up to three years. As part of the request to
move his business, the petitioner has indicated he is going to
make approximately $30,000-$40,000 worth of investment in carpet,
rest rooms, locker rooms, etc. He also wants to,paint the
outside of the building and put a sign on the front of the.
building.
Ms. Dacy stated the survey from 1965 was included with the
agenda, The building is about 14,000 square feet and shows
approximately 89 parking spaces. The parking lot would need to
be re-striped, the pavement repaired, and weeds cut. �
Ms. Dacy stated the first request is to consider temporary
occupancy of the building. Staff have been working with the
owner on the type..of uses occurring within the building. This is
the first tenant that wants to pursue a longer term occupancy.
Because of the three-year plan and our redevelopment qoals, staff
has brought this to your attention. The nature of the use is
compatible with the neighborhood. This use takes place inside.
The peak hours are when clients-use the site usually after
working hours. The impact is�not as intrusive as other uses.
Ms. Dacy stated the second request is whether the use is
consistent with the long term redevelopment plan. Because the
nature of the use is not a typical retail.use, the use is.quite
compatible and less intrusive. On the other hand, the petitioner
wants to make this location permanent beyond three years. We are
in the middle of the southwest quadrant redevelopment. The
market may dictate new interest in retail shops. There may be
new opportunities the City may want to evaluate. The purpose of
this part of the request is to provide an opportunity for the HRA
. -
PLANNING COMMISSION MEETING, OCTOBER 5, 1994 PAGE 10
and Council to provide feedbac� to the petitioner as to.whether
this would be a good use on the property.
Ms. Dacy stated there may be a parking issue depending on the
amount of space they are going to occupy. Having a smaller area
of the building may work. If they use up to half of the
building, they may need more parking. It depends on the balance
of uses. On one hand, it is a good use because it is internal
and it is compatible. On the other hand, we don't know what the
market would produce if we are successful on the opposite corner.
Ms. Dacy stated staff recommends approval on a temporary basis
would be appropriate. It would improve the appearance of the
building and would be compatible with the surrounding
neighborhood. Staff recommends the following stipulations:
1. The petitioner shall apply for the appropriate building,
plumbing, and mechanical permits to complete remodeling as
proposed.
2. The petitioner shall stripe the parking lot; parking stalls
are 10 feet wide and 20 feet long; or 18 feet long if the
staff abuts a curb stop or landscaped area.
�
4.
The dumpster shall be screened on all sides.
The parking lot shall be kept free of weeds and grass.
5. Landscaped area to the north shall.be kept trimm�d in an
attractive manner to provide screening from the residences
to the north.
6. Inclusion of the proposed use in the Fridley Towri Square
redevelopment project shall be reviewed by the City Council
and Housing and Redevelopment Authority prior to execution/
approval of the development contract for the projeet.
Mr. Newman asked, if they can took action on the first request
and not the second, could the petitioner take occupancy.
Ms. Dacy stated yes. The intent of the second request is because
the use was not intended. If there are strong feelings against
the request, we should let the petitioner know now.
Mr. Newman stated stipulation #6 he suspects th
Commission may have concerns �hat this use waul
rest of the uses in relationship to parking, Is
to come back to the Planning Commission as well
Council?
9.9
e Planning
d work with the
it appropriate
as the HRA and
PLANNING COMMISSION MEETING. OCTOBER 5, 1994 PAGE 11
Ms. Dacy stated yes, the Planning Commission should be looking at
parking issues.
Mr. Newman stated there was an access road to the north to 68th.
Under this proposal, is that access road still there.
Ms: Dacy stated the pavement is still there but it is blocked by
concrete bumpers. She felt those should be kept in pla�e.
Mr. Yungner stated this gives them three years to see if the use
is appropriate.
Mr. Newman asked if he was comfortable that the Commission not
take action until we see where the redevelopment plan in going.
Mr. Yungner stated yes.
Mr. Kondrick asked the hours of operation for the business. .
Mr. Yungner stated their hours are 5:00 a.m. to midnight during
the week and 7:00 a.m. to 9:00 p.m. on weekends.
Mr. saba asked if there were any problems with parking where they
are now.
Mr. Yungner stated they had none. �
Ms. Modig stated the plans were to repaint the exterior on three
sides. Why not the east side?
Mr. Yungner stated that side will not be seen. He is trying to
go in without spending a�lot. Their clientele are different from
the other health clubs in the area.
Mr. Kondrick asked if Mr. Yungner had read the stipulations.
Mr. Yungner stated he understood the stipulations and had no
problems with them.
Mr. Newman asked Ms. Dacy if we run the risk of incurring
relocation expenses if we discontinue this use in the final
project.
Ms. Dacy stated there are some financial issues. One issue is
that whoever steps in to the redevelopment, and if they.want to
pursue this in one year, would have to deal with the gym and the
lease. Another issue is the amount of improvements being put
into the building. Although it is not significant, there could
be an acquisition impact. �Based on what is being proposed, she
did not think it would be significant.
9.10
PLANNING COMMISSION MEETING, OCTOBER 5. 1994 PAGE 12
Mr. Newman asked if this request would go to the HRA.
Ms. Dacy stated yes.
Mr. Newman stated he thought this would be better than a vacant
building.
Mr. Kondrick stated he knew there were not a lot of cars at the
business at any one time. What does he expect in terms of
traffic at peak times.?
Mr. Yungner stated at 5:00 a.m.-6:30 a.m. there are 15-30 cars.
Throughout the day, they have from 10-35 cars. In the evening,
they have 30-55 cars and less after 9:00 p.m.
Mr. Kondrick stated he had no problem with the request. It is a
good business and a quiet business.
MOTION by Mr. Kondrick, seconded by Mr. Oquist, to recommend
approval of occupancy of the building at 6525 University Avenue
N.E. for The Gym on a temporary basis subject to the following
stipulations:
1. The petitioner shall apply for the appropriate building,
plumbing, and mechanical permits to complete remodeling as
proposed.
2. The petitioner shall stripe the parking lot; parking stalls
are 10 feet wide and 20 feet long, or 18 feet long if the
stall abuts a curb stop or landscaped area.
3. The dumpster shall be screened on all sides.
4. The parking lot shall be kept free of weeds and grass.
5. Landscaped area to'the north shall be kept trimmed in an
attractive manner to provide screening from the residences
to the north.
6. Inclusion of the proposed use in the Fridley Town Square
redevelopment project shall be reviewed by the City Council,
Housing and Radevelopment Authority and Planning Commission
prior to execution/ approval of the development contract for
the project.
IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NSWMAN DECLARED
THE MOTION CARRIED IINANIMOIISLY.
Ms. Dacy stated this item would b� reviewed by the City Council
at their meeting of October 17.
9. 71
PLANNING COMMISSION MBETING, OCTOBER 5, 1994 PAGE 13
4. RECEIVE THE MINUTES OF THE HUMAN RESOURCES COMMISSION
MEETING OF SEPTEMBER 8. 1994
MOTION by Mr. Oquist, seconded by Mr. Sielaff, to receive the
Human Resources Commission minutes of September 8, 1994.
IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEAMAN DECLARED
THE MOTION CARRIED IINANIMOIISLY.
5. RECEiVE THE MINUTES OF THE HOUSING & REDEVELOPMENT AUTHORITY
MEETING OF SEPTEMBER 6, 1994
MOTION by Mr. Kondrick, seconded by Ms. Modig, to receive the
Housing Redevelopment Authority minutes of September 6, 1994.
IIPON A VOICE VOTE, ALL VOTING AYE, C$AIRPERSON NEWMAN DEC.LARED
THE MOTION CARRIED ONANIMOIISLY.
6. REeEIVE THE MINUTES OF THE PARKS & RECREATION COMMISSION
MEETING OF SEPTEMBER 12. 1994
MOTION by Mr. Kondrick, seconded�by Mr� Saba, to receive the
Parks & Recreation Commission minutes of September 12, 1994.
IIPON A VOICE VOTB� ALL VOTING AY�, CHAIRPERSON NEWMAN DECLARED
THE MOTION CARRIED IINANIMOIISLY.
7. Continue Review of Design Guidelines for Southwest Quadrant
Mr. Gair stated it is the responsibility of this commission
facilitate redevelopment by forming a set of guidelines and
to get pre-occupied with a specific plan or specific
architecture. This is a complex and difficult undertaking.
suggested members view the plans being presented as if they
an owner/occupant of one of these homes. Ms. O'Connell will
to
not
He
were
make
a presentation for the site plan. It is important to focus on
features such as open space, orientation, buffering spaces, etc.
Prior to the meeting,�he went to the property to see it at night.
He looked in all directions, listened to traffic, and i:magined
the area with homes. Although the Commission may not have the
same feelings, he asked they try to keep daytime and nighttime
visual and sound in mind to make the most habitable environment.
Ms. O'Connell stated, at the last meeting, the favorable comments
were with Plans B and C and those are the plans that have been
developed. At the last meeting, they did not have available the
site improvement along Mississippi. The site is therefore
smaller. They met with staff and set guidelines for 3rd Street
as a through street. There is a 60-foot right-of-way and a 60
degree curve. They have also added a detention pond. The
Commission indicated they liked using 3rd Street as a transition.
9.12
PLANNING COMMISSION MEETING. OCTOBER 5, 1994 PAGE 14
The density has been reduced using the recommendation of 1/3
single level and 2/3 multi level.
Ms. O'Connell presented two plans - B which is organized around a
pedestrian use, and C which is organized around village greens.
The difference in housing is that C has a row house style that
faces a village green. The green is 62 feet across and the backs
of the units are 40 feet-45 feet apart. B has car entry ports.
Where the units face each other is closer and the back yards have
65 feet between units. B has the view directed to the rear. An
open space dissects the site and breaks it down into spaces.
Padestrians travel along the sides of the homes for the most part
and connects with future and existing trails within the city. C
focuses on open space which is the village green and is something
people view and walk around. There is less open space in the
back. Pedestrians travelling within the site have a different
experience. On B, the meeting is by chance on the trails. The
homes do not have direct views onto the trail. Plan C has a
pedestrian and auto mix which is a more formal experience. .
Pedestrians walk along the houses and around.the green. P1an C
has a frontage road that intersects with 3rd Street, travels
along Mississippi and connects with Satellite. In addition,
there are one-way loops that define the individual neighborhoods.
Plan B also has a road that runs into 3rd and traffic joins that
road or opens directly onto third. �
'-�, .. -
Ms. 0'Connell reviewed cross section drawings of both.plans.
Plan C would have a five foot boulevard next to Mississippi, a
five foot sidewalk, and then a small berm with plantings. Access
to the garages would be from the frontage road. The back yards
for these units open onto the village green. On University, the
existing service road is kept with perhaps small plantings
between University and the service road. Single level���units
would open onto the frontage road. Density of this plan is 80.
Ms. O'Connell stated Plan B has similar space along Mississippi
but there is more space along University Avenue.with a berm and
vegetation. Density of P1an B is 76.
Mr. Hargans stated they have done a development where the street
does not need to be one-way around the village green. Part of
the thinking for the garages facing out is to act as a buffer.
The intent is to blunt the severe effect with the garage. It can
be enhanced with other features to so�ten. Along Mississippi,
the units have the parking below and it is.the closed side of the
building.
Mr. Saba asked if they were planning to put in mature trees.
Ms. O'Connell stated that depends on the cost.
9.13
Typical planting
PLANNING COMMISSION MF,ETING. OCTOBER 5, 1994 _ PAGE 15
size is 2.5 to 3 inches which �transplants well. The bigger the
tree, the more costly.
Mr. Saba asked if they would be using a mix of deciduous and
evergreens.
Ms. O'Connell stated there would be both. Evergreens go well for
screening.
Mr. Newman asked if, in Plan C, there was enough room along
University for mature trees.
Ms. O'Connell stated this does not need a lot of greenery. The
front of the unit is the entrance and the view is to the rear.
Plan B has a different effect. There can be a c.ombination.
Mr. Kondrick stated the garages.may act as a sound barrier, but
in terms of marketability, he is worried about the noise from
University compared to greenery on the other p1an.
Mr. Hargans stated the space does not help with sound. It is
more of a visual thing as far as sound. If you cannot see, the
sense is that is screened.
Mr. Kondrick stated, in terms of market, would the urrits facing
University on Plan B be as marketable as those facing University
of Plan C. - �
Mr. Hargans stated one may have a hard time saying B is gour
space.
Mr. Newman stated Flan C shows a sidewalk system.
Ms. O'Connell stated there is a connection that leads out to the
bus stop.
Ms. O'Connell stated Plan B along Mississippi has a 5 foot
boulevard, 5 foot sidewalk, and then a berm that is 6 feet high
and about 40 feet in depth. This allows more plantings. The
sides of the units would face the street. Cars and pedestrians
would not be seen. On University, there is the combination of 9-
foot berm and backyard open space before the single level units.
There would 90 feet of open s�ace between the backs of the units
with the pedestrian trail.
Mr. Kondrick stated this plan with the 9-foot berm seems as if it
would be a more effective sound barrier.
Mr. Newman asked if they had considered snow storage on these
plans.
9.14
PLANNING COMMISSION MEETiNG, OCTOBSR 5� 1994 PAGE 16
Ms. O'Connell stated she thought there was opportunity along the
lots for snow storage. Plan B would probably require snow to be
moved out of the roadways. Plan C would have space on the,
village greens. There may be a problem on the frontage road.
Mr. Oquist asked if the City would maintain the roadway.
Ms. Dacy stated the City would maintain 3rd Street. The roadways
in the complex would be private.
Mr. Oquist asked, on Plan B, if there is an issue from an
emergency standpoint with the walkway.
Ms. O'Connell stated 150 feet maximum feet is the guideline. If
there is a concern, a 16-foot width could be kept fre.e of trees.
Mr. Newman stated he has concerns about someone getting-lost and
needing a place to turn around. On Plan B, can an e€fective job
be done with signs.
Mr. Gair.stated he thought there would be mailboxes or
identifying monuments at the primary roads.
Mr. Newman stated it would be good to do that to reduce the
number of people entering errantly.
Mr. Gair stated 3rd Street will be.a through street. Aiiother- -
concern is visitors. He didn't think there would be a problem in
either of these two cases. Both are fairly regular in pattern.
Once they enter a drive, it will become apparent there are six
units per side.
Mr. Kondrick stated they like to entertain which would mean e�etra
vehicles. In these plans, where would there be room for eight to
ten additional cars.
Mr. Gair stated the road is 24 feet in width. One could park
along one side. They can also provide space per unit for guest
parking. Other communities provide parking allowed for every
unit which would be two interior spaces and four e�erior spaces,
and 0.5 spaces per unit for guests. It works well to provide for
on site but he would not construct this until the need is
determined. Unfortunately for home owners association, they will
need to regulate and monitor. He would strongly encourage the
City to plan for 0.5 per unit but not build it right away.
Mr. Kondrick asked if a future buyer would see this at the time
of purchase.
Ms. O'Connell stated there are opportunities to provide parking
which are not shown here.
9.15
PLANNING COMMIS3ION MEETING, OCTOBER 5, 1994 PAGE 27
Mr. Carlson stated each unit has two indoor spaces and two
outdoor spaces. Guests can also parallel park on Plan C along
the village greens.
Mr. Gair stated another option is to handle overflow parking on
3rd Street. The City of Plymouth has requlated that spaces in
front of garages cannot be counted. There becomes much parking
in that case.
Mr. Kondrick asked if people are attracted to that going in.
Mr. Newman stated he thought most people that do that will not
live in townhomes.
Ms. O'Connell stated staff had requested that they also look at a
40-unit age regulated condo. As previous discussed,:this would
be 3-4 stories in height.
Mr. Hargans stated this is someth�ng to think about because there
are concerns about row houses and density. Putting in such a
unit frees up the rest of the site. It can be placed in the
corner of Mississippi and University and the elevator could be
used for a future covered crossing.
Mr�. Carlson stated 40 units could fit tightly•into the corner
next to the Erontage road.
Mr. Oquist asked where the City was with the apartment buildings.
Ms. Dacy stated this would be discussed on October 24.
Mr. Oquist stated one consideration might be to acquire the
apartment buildings, remodeling and this could become the senior
area and could act as the buffer to the other neighborhood.
Mr..Newman stated Plan C has more units than Plan B. If the
units to the west be taken out, the rest could be adjusted to the
west in order to address the concerns about University.
Mr. Sa�a stated he liked Plan B. It has a residential effect,
the walkway separation, and separation from the neighborhood. He
liked the general layout. It seems more like a neighborhood.
Plan C has some nice elements but it has too much of a project
look. He liked the-village greens and the one way streets. He
Iiked the idea of the apartment access to a crosswalk over
University. He would like to see better access to that elevator.
Overall he would choose Plan B. It is more �f a neighborhood
than a development. Plan C seems more rigid. If a senior plan
is included, he would prefer to see it where the apartments are
now. On these two plans, he iikes the idea of a pedestrian cross
walk. If the building must be put in, the corner is okay but he
9.16
PLANNING COMMISSION MEETING. OCTOBER 5, 1994 PAGE 18
would prefer not to have it.
Mr. Oquist stated he did not see the need for senior housing
unless it is where the apartments are now. He liked Plan B. It
gives the feel of a lot of green space and a lot of open area.
His son lived in a community in Denver which had the walkway
concept which was very nice. Plan C is too geometric and too
neat. He liked the village greens and the mall effect but there
is also some of that on the other plan. B has better buffering.
He would like to see something done with the apartments. There
needs to be a buffer to the rest of community. As long as they
are going this far, he would green up also.
Mr. Kondrick asked if there could be more places for water in the
complex such as ponds in the larger open areas.
Ms. O�Connell stated this may be a problem. With water, there
become requirements with the level of the homes in relation to
the water level.
Mr. Kondrick stated he preferred Plan B. He liked the topography
with the berms, open spaces, and the number of trees. The
exterior can be changed and can fiave a tremendous impact. He
likes the green areas, the walking�path, and the driveways.
There is a parking problem on both plans. He would prefer to see
the apartments gone. If we have to live with them and cannot
make them into.senior housing, he would be�in favor of the 40-
unit building in Plan B. He thought a senior area where the
apartments are would be a good location.
Ms. Modig stated she liked Plan B with its green spaces. She is
concerned about parking and accessibility for emergency vehicles.
She liked the berming and thought it would protect the,residents
from the noise from University and Mississippi and would be more
attractive. With Plan C, she has a problem with the University
side because she would not want to look at garages. Plan B has,
even though all are row houses, doesn't look so much so.. She
would like to see a senior building. She would like to see the
apartments gone. She does not want to see them remodeled. She
didn't think this would produce a quality area. She would prefer
to see a new building with a combination of rental and condas.
She would like to see something on the corner with accessibility
to rapid transit. If using an elevator, it could be accessible
to those also living in the coYnmunity. She would_also like to
see more water, but it is not a big thing.
Mr. Kondrick asked if eliminating the apartments would cause any
design difficulties with either plan.
Ms. O'Connell stated no. This area could fit well into either
design.
9.17
PLANNING COMMI8SION MEETING. OCTOBER 5, 1994 PAGE 19
Mr. Sielaff stated he has a bias for green spaces and minimal
hard surface so he prefers Plan B. Personally, he didn't think
this was a place for a highrise. It would be out of scale to
what this would be. If there needs to be senior housing, in need
to be in scale with what is in the development. There is a
problem with snow removal and snow storage.
Mr. Newman stated he likes on Plan B the set backs from the
roadways, the screening, the berms, and the walkway. The car
courts create a claustrophic effect. There seems to be more hard
surface area. He likes the village greens on C. Depending on
the architecture, they could duplicate that on B. He has seen
complexes such as B elsewhere. Plan C is distinctive and set off
from other communities. From the standpoint of parking, snow
removal and getting lost, the traffic flow is easier on C.
Mr. Kondrick stated it was of interest that people would be
walking around that area. If going by the drawings, it does not
indicate that. Most garages have access off the drive. The
fronts of the houses will face the green areas and will not have
a promenade.
Mr. Newman stated, if in fact the village greens are on the
garage side and will not be seen by the residents living there,
it makes more sense ta go with B where the focus is on the green
space. He thought the units would have a tuck-under garage and
Ziving above and have green space on both sides. B has=green-
space only on the back and not in the front. Concerning the
highrise, his first reaction is that they have done a great job
of coming up with an overall design but he would want to see an
overall layout first. The southeast corner seemed more �
appropriate and set off from the rest. He does not feel strongly
about senior housing. Single level living appeals to empty
nesters. Economics may dictate that.
Mr. Saba stated it does not make sense to mess up the development
for density.
Mr. Newman stated senior housing may.create the ecQnomies for the
green spaces in that area. He thought it would be needed if the
apartments are taken out.
Mr. Hargans stated the architects have been working closely with
the site planners which is the first part of this project. Now
we are getting into the architecture. He would like reaction
based on those things the Commission wants to see. For
guidelines, we need to come to the best option and inciude those
aspects that you like the best. Handling water on the site is an
issue. The roof forms must respond handle water. The sense of
identity is also a consideration. How much do you want to
accentuate the individual unit? There is a piece that talks
9.18
PLANNING COMMISSION MEETING, OCTOBER 5, 1994 PAGE 20
about accessories. Another issue is green space and also usable
green space. How much is usable? Green space will be used for
buffers. We must also think about land use.
Mr. Hargans presented a variety of forms from simple to more
complex. This can be the extent to which to suggest a style.
What kind of character do you want the area to have? In Fridley,
most of the housing has low roofs, broad overhangs and a
horizontal type of facade. Two-thirds of the units are two-
story. How are you going to get that effect with a two-story
unit? The designs start as very simple to more complicated
design. As the design gets more complicated, it also gets more
expensive. Sometimes the details can add a touch of character
and they will price these at a certain point in the process in
order ta know the costs. The colonial revival style has a few
more detaiis. Again, the same style can be enhanced with
dormers, bays, etc. There is quite a height to the units. There
are also some developments that have rooftop terraces as extra
space on a small site. This is also going in next to other flat
roofed buildings. Again, the designs can range from simple to
more complicated.
Mr. Saba asked how feasible a flat roof is for snow in the winter
time.
Mr. Hargans felt the flat roof would have no problems.
Mr. Newman stated he had built some of those home and have had
some problems with the flat roofs. But, most commercial
buildings have flat roofs and they work.
Mr. Hargans stated they needed to know what elements need to be
included. He asked for comments regarding roof design..
Mr. Kondrick stated he thought people in this area would prefer a
colonial design. He likes the idea of a look such as Georgetown
Apartments because each unit is unique. He liked the idea of a
rooftop terrace. :
Mr. Oquist stated he had xeservations about it. It looks like a
trendy thing. It is nice the first summer. The second summer it
would not be used as much. The third year, it is not as big of
deal and he thought the-appeal would go away.
Mr. Sielaff stated he did not like the flat roof because it gives
the feel of an urban environment. He wants to emphasize green
space and this does not go with green space.
Mr. Hargans stated he thought this type of building could hold
its own on a corner with other flat roof buildings in the area.
The area has to be transitional. This must be part of the urban
9.19
PLANNING COMMISSION MEETING.. OCTOBER 5, 1994 PAGE 21
fabric and still work as housing. Is it going to detract by
being traditional? This is a busy intersection.
Mr. Kondrick stated a rooftop terrace has walls that can be
decorated and/or landscaped. The owners can plant trees. It is
like another space that is their own that others do not know is
there.
Mr. Oquist stated, if you create another space on the roof with
depth, it then becomes 3 1/2 stories. He is concerned about the
height. We want to create something to bring the height down
with the appearance.
Mr. Newman stated the terrace creates a private space.
Mr. Carlson stated the flat roof buildings would have a lower
profile. The other units.are higher by the height of the roof.
Ms. Modig stated she liked the rooftop terrace because if
provides more green space. She is concerned that with a flat
roof the view of the Holly Center and the roofs of the houses
around it will not be an attractive.view. They would no� be able
to see the Mississippi River. �
Mr. Kondrick asked, in terms of eost, is.a porch more expensive
.to create.
�.• - -
Mr. Hargans stated the cost is about the same. It is hard to
equate. You must decide how many of those pieces you can afford.
Mr. Oquist agreed that one would not be able to see the river
from this location. The river is down and there are buildings
between this area and the river.
�
Mr. Sielaff stated a flat roof is a straight line. There is
nothing more unnatural than a straight line.
Mr. Carlson asked for comments about the garages. All have the
garages under. It is more expensive to have the garage on the
side. It is more attractive to have the garage�at ground level.
Mr. Oquist stated he would prefer to see the garages along side
to bring the height down but he was not sure if this could be
done and keep the density.
Mr. Hargans stated, with this density, by getting above there is
also a public space to look at. This brings up a good point
about the height. The area may need a mixture.
Mr. Oquist stated the garages and entries are symmetrical. The
garages are on the left and the entry on the right. He
9.20
PLANNING COMMISSION MEETING, OCTOBER 5, 1994 PAGE 22
recommended alternating the design to break it up.
Mr. Newman stated he likes the garages with individual doors. He
also preferred the garage openings with the angled corners.
Ms. Modig stated, with the garages on the lower level, the floors
are colder in the upstairs unless there i�s good insulation.
Mr. Saba stated he also likes the individual doors with the
angles.
Mr. Carlson asked for comments about the materials.
Mr. Saba stated they had talked at the last meeting about some
kind of entry. If we could come up with something appealing, we
continue that theme with the housing.
Mr. Hargans stated this is a good idea and they have talked about
requesting a developer to have that as part of the system, but he
thought they should bring that next time.
Mr. Kondrick felt the more brick there is, the more others will
like it. Brick means stability, warmth, class, etc.
Mr. Hargans stated brick also corresponds to the brick,on the ;
other buildings in the area. _ � �.:,
- � , —. . _ . -. .� . � .. . � . � _ �;t. - � ` ��.F-��is - . .
Mr. Newman thought the materials used would depend on the style:
of architecture.
Ms. Dacy asked, regarding the gauge of the aluminum siding,
should this be an issue that we should give direction to the
developer. .�F - �_ -
Mr. Newman stated the siding should not be vinyl;whether or..�not . -
seamless is used. A lot of people don't like steel°or aluminum
siding. In 15 years, they want it to look sharp. Again, that°
depends on the architecture-and,-in some styles, it may not:be:
appropriate. .
Mr. Oquist asked if brick would have a tendency to make these'
look massive. It is a harder look. You also cannot change the
color. Periodically, owners may want to change the color and
appearance of the community. Brick cannot be changed.
Mr. Newman stated he did not know that stucco would fit either.
Mr. Hargans stated stucco now comes in colors and costs are �
similar to brick. The homeowners association usually has rules
about painting and color. You can push a specific range or
performance level. He did not know how much individuality can be
9.21 '
PLANNING COMMISSION MB$TING. OCTOBER 5, 1994 PAGg 23
allowed.
Mr. Newman stated the siding needs to be a durable �aterial. The
type depends on the architecture.
Mr. Kondrick stated he would like to see some brick in the
design. He also liked the concept of making the units look
individual.
Mr. Newman stated they could do this using different shades of
brick.
Mr. Sielaff stated he would prefer to see natural materiais
whether cedar or brick.
Mr. Hargans asked if the Commission saw this as a departure from
the current Fridley homes. .
The Commission consensus was that this should be different,
unique and desirable.
Mr. Saba stated, because of the location, this needs something
that will draw people into that area.
Mr. Newman stated, in looking at history, the feeling is that we .
want a. signature .development. ;_; Iie . is comfortable doing so here.
:" . , .
. . ° ;. ... -.: , .-:.. .:' ,,.-.
�. , - � _ : : , �' , .' _ -
Mr. Kondrick stated the location is good. It has access to I-
694, downtown, close to shopping, and something should be built
that would merit that�location.
Mr. Hargans stated signature needs to be reflected strongly in
one or more ways. He is also hearing to concentrate on.
developing pieces`th�t�'respond to these guidelines, and�they can
` put some -costs to them -
Ms. O�Connell asked if there was a style of architecture that
lends itself to taking a basic.xectangle and attaching a piece
here and there._ Even though each unit is the same, you could add
a bay or add some brick.
Mr. Hargans stated he thought they could take the cotnments and
sketch a style that could be an example of what you feel is
appropriate.
Mr. Newman stated he liked the different roof lines and the bay
windows. They need a deck or something for people to get
outside. He liked the roof lines broken up. He did not like the
rooftop terrace design or double garage doors.
Mr. Kondrick stated he liked the colonial revival design. He did
9.22
PLANNING COMMISSION MEETING. OCTOB$R 5, 1994 PAGE 24
not like all those garage doors. He would like two larger doors
and would like that plan with the flat raof.
Mr. Oguist stated he preferred
likes the low profile design.
out. He would like to see the
openings at an angle. He did
adds to the height but he did
Mr. Saba stated he also liked
could be dressed up. He liked
windows. There is a lot that
the colonial revival design. He
He cannot imagine windows coming
entries staggered and the garage
not like the flat roof. The roof
not know what else they could do.
the colonial revival. The garages
the idea of decorating the front
could be done with that.
Ms. Modig stated she liked the idea of a rooftop terrace. She
liked the colonial revival at the high end. One cauld have a
rooftop space and bay windows give a feeling of air and spaee.
She liked the garage doors but alternating them with the entries
so they are not so uniform. She does not like the idea of having
different materials and colors. She did not think that was
classy.
Mr. Sielaff stated he preferred natural. Anything that enhances
that feeling he would like to see. The colonial reviva.l with
natural•materials and a feeling of open space would enhance that
type of feeling. It should be something unique.:
Mr. oqu,ist stated he wondered �the kind of people` that,-wo�ti3.�d , bet
buying these units. Are they contemporary people? Are'they
looking for one style over another? Would they like more modern
as far as a selling point? We have to take into eonsideration a
style that is long lasting. A style may be trendy today, but it
may not be what is selling in 10 years. He likes the idea that
once we settle on a style, we can then settle on a mate�rial. :�
:. _ _.. .
.. „ : - -:�
.. .;. . . . :
Ms. Modig stated she found, when_"seliing townhouses and condos, :,: r;' �
owners did�not want ta worry`about'outside maintenance.� As�?long " -
as the floor plans are workable and the outside maintenance is
not a problem, they look at�those things.' They aTso,ask about
the level of noise and how thicic'are: th� walls. '>The noise: level
is a big thing. Privacy is also"importarit�.` They want the'�`.
outside to be attractive as long as they don.'t have to care of
it.
Ms. Dacy stated, from this meetings, she would summarize the
comments and bring them to the HRA and City Council.
Mr. Newman stated, on behalf of the Planning C.ommission, he would
like to complement everyone. This has been fun. We must be very
careful that the developer needs to have flexibility in what they
9.23
PLANNING COMMISSION MEETING. OCTOBER 5, 1994 PAG$ 25
are going to do. They know the market. This Commission has
given guidelines and has provided input. 5taff will now talk to
the developer to see what they can do and what we can afford.
The final plan may be much different, but it hopefully will
incorporate our ideas.
Mr. Kondrick asked if the Planning Commission would have input
into the covenants or restrictions on the property.
Ms. Dacy stated that will be part of the review process when we
know who will be developing the property. Staff will be meeting
with the consultants. If we need to come back at the next
meeting to confirm, they will do so.
Mr. Newman stated there is a divergence of opinion.and they will
need ta pick out what works. We need to provide direction and it
is now staff's task to pull out from out input. He asked, if
staff are going to bring this back, to bring it back in October.
ADJOURNMENT
MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to adjourn the
meeting.
IIPON A POICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED
THE MOTION CARRIED AND THE OCTOBER 5, �.994, PLANNING COMMISSION
MEETING ADJOIIRNED AT 10:38 P.M. ��
Respectfully submitted,
( �/
Lavonn Cooper
Recording Secretary
9.24
_ i
S I G N— IN S H E E T
PLANNING COMMIggIpN.MEETING, Wednesday, October 5, 1994 �
9.25
r �
S
I
Community Development Department
PLANNING DIVISION
City of Fridley
DATE: October 13, 1994
TO: William Burns, City Manager ��r
FROM:
SUBJECT:
Barbara Dacy, Community Development Director
Scott Hickok, Planning Coordinator
Michele McPherson, Planning Assistant
Special Use Permit, SP #94-14, by Wal-Mart Stores;
8450 University Avenue N.E.
The Planning Commission voted unanimously to recommend approval
of the request, SP #94-14, to allow expansion of the existing
garden center to the City Council. The Planning Commission
approved the request with the following stipulations:
1.
2.
No garden sales shall occur in the parking lot as conducted
in 1994.
The petitioner shall not be permitted to display products on
the front sidewalk.
3. The petitioner shall create a storage area to the rear of
the building for trailer, pallet, and baled cardboard
storage. The design of the storage area shall meet with
City approval.
4. The landscaping and irrigation displaced by the above
activities shall be relocated.
At the writing of this memo, staff have not met with the
petitioner to discuss the design elements of the storage area.
The petitioner has agreed in writing via a letter dated October
5, 1994 to screen the dropped trailers, baled cardboard, and
pallets. Staff will provide an update regarding the result of
the meeting with the petitioner regarding the design elements.
RECOMMENDATION
Staff recommends that the City Council concur with the Planning
Commission action.
MM/ dw
M-94-620
STAFF REPORT
�i Community Development Department
Appeals Comii�ission Date
Planning Co�nmission Date : September 2 1, 1994
City Council Date :. October 17, 1994
APPLICATION NUMBER:
Special Use Permit, SP #94-14
PETITIONER•
Wal-Mart Stores
LOCATION-
8450 Universit�r Avenue N.E., which is located at the intersection
of 85th and University Avenues.
REQUEST:
To allow the expansion of an existing garden center.
BACKGROUND•
In 1992; the City Council approved special use permit; SP #92-07.
The approval required certain design elements, like rock face
block knee walls and wrought iron fencing, to be included in the
design of the.garden center. The stipulations also requ,ired bulk
items to be stored adjacent to the building and no o.utdoor
storage of garden chemicals.
The City approved special use permit, SP #94-01, which allowed
garden centers in the parking lot. The approval was conditioned
upon Wal-Mart expanding the built garden center by the end of
1994. If the expansion is approved, no future garden sales shall
occur in the parking lot.
ANALYSIS'
The petitioner has submitted a plan showing a proposed 50' x 68'
expansion south of the existing garden center. A portion of the
existing garden center (14') has been temporarily enclosed by the
petitioner for additional storage area during the winter season.
The enclosure is constructed of plywood and is not consistent
with the rock face block exterior of the building and the garden
center knee walls. When granting the original special use
permit, the City did not authorize the use of the space for
storage of off-season materials. This activity should cease
immediately.
9.27
Staff Report
SP #94-14, by Wal-Mart Stores
Page 2
**stipulation** The petitioner shall discontinue the use of
the garden center for storage of off-season
merchandise. The garden center shall not be
used for the storaqe of non-garden center
items.
The proposed expansion continues the same design elements and
uses the same materials as the existing garden center.
The proposed garden center e�cpansion will displace four deciduous
and one evergreen trees. These trees should be relocated on-
site. The irrigation system will also be impacted by the
expanszon.
**Stipulation** The displaced trees and irrigation sha11 be
replaced/relocated by the petitioner.
The garden center wi12 not adversely impact lot coverage or
setbacks.
The petitioner has been using the trailer parking area for the
outdoor storage of pallets and baled cardboard. In addition, ten
dropped trailers used by the petitioner for storage are located
along the rear of the building. Ne.ither of these activities ar.e
permitted without the issuance of a special use permit. The -
petitioner was advised regarding outdoor storage in February 1994
(see attached letter). These activities should cease
immediately. If additional storage is required, the petitioner
should consider expanding the building as indicated on the
original building plans of 1992.
**Stipulation** The petitioner shall immediately cease the
outdoor storaqe of pallets, baled cardboard,
and dropped trailers.
During the summer season, the petitioner has used the front
sidewalk for the outdoor display of miscellaneous products. This
activity is not permitted by Code.
**Stipulation** The petitioner shall not displsy produats on
the front sidewalk.
RECOMMENDATION/STIPULATIONS
As the garden center does not adversely impact the site, staff
recommends that the Planning Commission recommend approval of the
request to the City Council with the following stipu�ations:
9.28
Staff Report
SP #94-14, by Wal-Mart Stores
Page 3
1. No garden center sales shall occur in the parking lot as
conducted in 1994.
2. The displaced trees and irrigation shall be
replacedjrelocated by the petitioner.
3. The petitioner shall immediately cease the outdoor storage
of pallets, baled cardboard, and dropped trailers.
4. The petitioner shall not be permitted to display products on
the front sidewalk.
STAFF IIPDATE
Staff inet with the petitioner on September 27, 1994 to discuss
the outdoar storage issues. The petitioner agreed to immediately
discontinue the off season storage in the garden center. The
materials and products located in the garden center will be
stored in the dropped trailers located at the rear of the
building.
To resolve the storage ot baled cardboard, pallets, and the
dropped trailers, Staff proposed three alternatives.
1. Extend the building.
2. Find adjacent off-site warehouse space.
3. Screen the items.
Staff recommends that the petitioner:
l. Create a paved fenced storage area adjacent to the
garbage compactor on the east side of the building for
storage of cardboard bales and pallets. The storage
area shall be lined with concrete curb, and a factory
fabricated metal fence or other approved screening wall
of fence shall be used.
2. Crea�e an enclosed trailer storage area inside the
landscaped area at the rear of the building. The
trailer storage area shall be paved and gated to
provide opaque screening. (see attached map)
9.29
u
Staff Report
SP #94-14, by Wal-Mart Stores
Page 4
RECOMMENDATION
Staff recommends that the Planning Commission recommend approval
of the request to the City Council with the following
stipulations:
1. No garden sales shall occur in the parking lot as conducted
in 1994.
2. The petitioner shall not be permitted to display products on
the front sidewalk.
3. The petitioner shall create two storage ar.eas:
A. One the east side af the building adjacent-to-the
compactor for baled cardboard and pallets. The storage
area shall be paved, lined with concrete curb, and
fenced with a factory fabricated fence.
B. To the rear of the building within the landscaped area
for trailer storage. This area shall also be paved and
gated.
4. The Iandscaping and irrigation clisplaced by the above
activities shall be relocated.
STAFF IIPDATE
The petitioner, in writing, agreed to meet with staff on October
13, 1994 to discuss the design elements of the one storage area
to be used to store the trailers, pallets, and baled cardboard.
PLANNING COMMISSION ACTION
The Planning Commission voted unanimously to recommend approval
of the request to the City Council. The Commission amended the
stipulation to read:
3. The petitioner shall create a storage area to the rear of
the building for trailer, pallet, and baled cardboard
storage. The design of the storage area shall meet with
City approval.
CITY COIINCIL RECOMMENDATION
Staff recommends that the City Council concur with the Planning
Commission recommendation.
9.30
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OCT-05-94 WED 15:59
�'VAL��AF�T
P, 02
WALtMART STORES, INC.
STORE PLqNNIN4 DIVfS10N
702 S.W, $TFi STREET
BENTONVILLE. AR 7271 B-$086
PNO�e t�o, t z�a-4000
OC'I'OBE�t S, 1994
SCG3TT HICK�.K
643 ]. UIVIVERSITY AVE I�;E
FRIDi.EY, M,i 55432
DEAR MR. HICKaK
A.S PE�t UUR CONVERSATION O�I OCT�$El� 4, 1994 IT WA,S �.R�UG�'T TO OLTR ATTENTION TH,A,'�'��LB
ARB A FEW Clr�tS[G�.X OFPQRTUNITIFS AT OLTR P�D�.,�y, MN STORE #1952. �
wA�-MART HAS 14�.�D� ,A, c0 TO ��SO�.vE oPPaRTUNIZIES W�� �B TRATY,EK
STORAGE, CARDBOARD BALE SxOR.A,GB AND EXTERIOR TRAS� Co�,c4,CT'QR. WE AGREE SCR�ENi�iG
WOULU PRO�G".�'.[� COMMUIVITY FROM.THFSB iJNSZGHTLY TTEMS, AS WELL AS ��OVfi QUR
SECURITY.
I W�,�. M�ET WITH YOU OlV OCTOBER �3, x994 T(? pETE1tHQNB A SUITABLB STRUCxCJ7,tF '�AT WDULD
$E PZ.EAST,�IG �'d '.� SfJt�RaLTNI�ING COMML7NiTY. -
TN CLOSING, WE WOULD LIICE TO �.ANT� YOU FOR BRINGING TFIFSE ISSUES �O OLTR ,A,'�'�NTION. WE
WILL Db W,I�A,'�'EVE� �'�' TtiKES, Wii�IIAT REASON, TO CO�.tRECZ' ��i�A,TF�R AT HAND.
THANK YOU
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TORRE���Y�
PRO�JECT MANAGEA
9.33
_
C�� OF
FRIDLEY
1=RIDL.G1' MUNICIPAL CENTL=R •(r'�31 UNIVERSITY AVE. N.E. FRIDLEI'. MN ���.�3 •(bl'1 i71-3�tS(1 •�AX (6J2) 571-12K7
CITY COUNCIL
ACTION TAKEN NOTICE
March 24, 1994
Steve Woodley
Wal-Mart
8450 University Avenue N.E.
Fridiey, MN 55432
Dear Mr. Woodley:
On March 21, 1994, the Fridley City Council officially approved
your request for a special use permit, SP #94-01, to allow garden
centers or nurseries which require outside display or storage of
merchandise, on Lot l, Block 1, Wal-Mart in Fridley, the same
being 8450 University Avenue N.E., with the following
stipulations:
1. Bulk items shall be stored in the constructed garden center
where they shall be screened from the public right-of-way.
2. Storage or sales of chemical fertilizers, pesticides, or
herbicides shall not occur outside the main building.
3. Wal-Mart shall submit plans for an enlarged garden•center°�'`°
for Planning Corunission and City Council review by November
l, 1994 for the 1995 sales year. _
4. The special use permit shall be valid for one year.
You have one year from the date of City Council action to
initiate construction. If you cannot begin construction in time,
you must submit a letter requesting an extension at least three
weeks prior to the e�tpiration date.
If you have any questions regarding the above action, please call
me at 572-3590.
9.34
Steve Woodley; Wal-Mart
March 24, 1994
Page 2
Y� /\�
B�rbara Dacy, AICP �
Community Development irector
BD/dn
cc: Wal-Mart Stores, Inc.
Please review the above, sign the statement below and return one
copy to the City of Fridley Pl�anning Department by April 7, 1994.
_ � -
Concur with action taken.
9.35
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CfIYOF
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1�K11)I.f:l' MUNIC'1N:�L CENTE:R - h-3:1 UNIVI:{tSl�l 1' :��`I:. N.1:. 1=KIDLt:Y. �iN »�;? •(lil?1 i71-?-3i(! - F:\\ 1h1.?1 i71-I'�7
February 25, 1994
Shelly Stevens
Wal-Mart Stores, Inc.
;Ol Soath Walton Boulevard
Mitchell Building
Bentonville, AK 72716-8702.
RE: Garden Center at 8450 University Avenue N.E.
Fridley, Minnesota
Dear Ms. Stevens:
We recently received a special use permit application for a garden
center at the Fridley store. This garden center is to be �ocated
in the parking lot. We met with the Store Manager, Steve Woodley,
and the Assistant Store Manager, Chris Hamline, on Thursday,
F'ebruary 24, I994, to discuss the request and the issue of
continued outdoor storage.
The Fridley store was issued a special use permit for an enclosed
garden center which was constructed as part of the building. It
was the City's understanding that all garden center activities
would occur within this specially constructed area. City staff
worked diligently with the architects to design the garden center
to be aesthetically pleasing and to provide proper screening.
The curren� request is incor.sist�nt with the previous Council
action; therefore, we informed Mr. Woodley that staff would
recommend denial of the request. However, if the proposed garden
center was to be a temporary measure while Wal-Mart expanded the
existing garden center, staff would be more inclined to recommend
approval of the special use permit on a temporary basis. If this
is an option for Wal-Mart the Planning Commission should be
informed of this future plan.
In addition to the garden center, we have
dropped storage containers located in th
Unscreened outdoor storage of materials
permitted in the C-2, General Business
screened �rom the publiC right-o�-way. T
9.36
observed that.there are
e rear of the building.
and equipment is not
District, unless it is
hese containers are not
Shelly Stevens
February 25, 1994
Page 2
screened and, therefore, do not meet the code requirement_ We were
informed by Mr. Woodley that he has been unable to have the company
owning the conta-iners remove them in a timely fashion_ If�you
could assist him�in resolving this issue, it would be.greatly
appreciated. If you'anticipate that this store will continue to
need outdoor storage of materials or equipment simiiar to these
containers, you wili need to process a special use permit for
outdoor storage. This special use permit will require additional
screening to be constructed in order to meet the code requirements.
We sincerely hope that we can work together to resolve these two
issues. Please respond in .writing prior to Thursday, March 3,
1994, so the Planning Commission has a second alternative to
evaluate the proposed garden center. If you have any questions or
concerns regarding these issues, please c.ontact my., supervisor,
Barbara Dacy, at 612-572-3590 or me at 612-572-3593. .
Sinc rely, �
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Mic ele McPherson .
Planning Assistant
MM:ls
C-94-58
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9.37
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DATE:
TO:
FROM:
SUBJECT:
Community Development Department
PLA►NNING DIVISION
City of Fridley
October 13, 1994 �
William Burns, City Manager ��
Barbara Dacy, Community Development Director
Scott Hickok, Planning Coordinator
Special Use Permit, SP #94-15, by Turning Point
Adult Day Care, Inc.; 6180 Highway 65 N.E. (St.
Philips Lutheran Church) - -- �
On October 5, 1994, the Planning Commission reviewed a special
use permit request to aZlow an adult daycare facility within the
existing St. Philips complex. The facility would accommodate 40
adult clients and would be in a separate location within the
complex from the 40 member child daycare center that currently
exists. The Planning Commission voted unanimously-to recommend
approval of the request to the City Council with the stipulation
recommended by staff plus one additional stipulation:
1. Any additional signage shall comply with the stipulations of
the 1993 variance approval and the sign code.
2. At which time the applicant makes license application to the
State to serve more than 40 clients, the special use permit
shall be subiect to review by the City. �
CITY COIINCIL RECOMMENDATION
Staff recommends that the City Council concur with the Planning
Commission recommendation.
SH/dw
M-94-619
�■r
��
STAFF REPORT
Community Development Department
Appeals Coininission Date
Planning Coinmission Date : OcCober S, 1994
City Council Date � October 17, 1994
APPLICATION NQMBER:
Special Use Permit, SP #94-15
PETITIONER•
Lynn Porath of Turning Point Adult Day Care, Inc.
OWNER:
St. Philip's Lutheran Church
LOCATION
St. Philip's Lutheran Church is located at the intersection of
West Moore Lake Drive and Highway 65 in the southwest quadrant.
The parcel is zoned R-3, General Multiple Dwelling. The
surrounding parcels are C-3, General Shopping and R-1, One Family
Dwelling.
REOIIEST•
The petitioner has requested a special use permit for an adult
day care facility within the existing St. Philip's Lutheran
Church educational complex.
H
A building permit was issued in August 1959 for the original St.
Philip's Lutheran Church structure.
In October 1964 a substantial addition was constructed to St.
Philip's Lutheran Church which included additional church and'
educational space.
In August 1965 a new sanctuary was constructed for the church.
Other events were:
In 1962, St. Philip's Lutheran Church began a child care program
within their church complex. At that time no Special Use Permits
were required for day care facilities as long as they were in the
church complex. The child care program has a Minnesota Childcare
Facility license for 40 children.
9.39
Staff Report
SP #94-15, by Turning Point Adult Day Care
Page 2
In February, 1991 a variance was granted to reduce the hard
surface parking setback from 25 feet to 20 feet to allow
additional parking on the church site.
In 1993, a variance was granted to allow a 70 square foot sign,
as opposed to the code maximum of 40 squa�e feet. That variance
was granted with two stipulations:
1. The length of the variance was for two years.
2. At the end of that two year period, the petitioner shall
comply with the ordinance requirements, and apply for a sign
permit for a permanent sign as required by the City Code
including payment of the fee.
PARCEL DESCRIPTION:
St. Philip's Lutheran Church is located on the 7 acre parcel at
the Southwest Quadrant of Highway #65 and West Moore Lake Drive.
ANALYSIS:
Section 205.09-01 C(3j requires a Special Use Permit for Day Care
Centers provided they are located in churches, schools, or in
other buildings located on an arterial or collector street. St.
Philip's is on an arterial (Hwy. #65), and meets the
qualifications for a Special Use Perntit.
Lynn Porath has provided a narrative that is attached to this
report. The narrative explains the program and has allowed Staff
to understand more about the day care concept. An evaluation of
parking demand has revealed that the church wi11 have more than
adequate parking to accommodate both the child care and adult
caretaking demand. As Ms. Porath has pointed out, many of the
clients at the senior facility may utilize Metro Mobility for
transportation to and from the center. The parking area has been
designed to easily accommodate a mini or full-sized bus.
To accommodate worship, St. Philip's has provided 242 and 10
handicapped parking spaces. These spaces surround the church
complex. The parking areas are convenient for the activities in
the building. Staff does not believe that parking issues related
to the adult care facility will cause noticeable impacts to the
site.
Nearly 6,000 square feet of the St. Philip's building will be
devoted to the daytime adult care activities. A smaller area,
separated from the adult care portion of the building will
continue to be utilized for child care purposes. The State
9.40
Staff Report
SP #94-15, by Turning Point Adult Day Care
Page 3
License division responsible for facility standards requires 40
square feet of space per client. With the abundant square foot
dimension of this facility, additional adult clients could be
requested by the Turning Point organization. Turning Point
representatives do not anticipate amending the license to allow
additional clients.
Ms. Porath has discussed the options for a sign on this site, and
is aware that St. Philip's wi11 have to coordinate the sign
issues so that all signs fall with maximums allowed by code. At
this point, Ms. Porath believes a temporary sign announcing the
new facility may be a�ll that the adult care facility will
require. Ms. Porath did express an interest in utilizing banners
occasionally on site. The banner allowances in the code are very
limited and staff encouraged her to consider alternatives.
**Stipulation** Any additional siqnage shall comply with the
stipulations of the 1993 variance approval
and the sign code.
As proposed, this use appears to be appropriate for the St.
Philip's facility as it exists.
RECOMMENDATION/STIPIILATIONS:
Staff recommends approval of a Special Use Permit to a11ow an
adult day care facility within the 5t. Philip's Church with one
stipulation:
1. Any additional signage shall comply with the stipulations of
the 1993 variance approval and the sign code.
PLANNING COMMISSION RECOMMENDATION:
The Planning Commission concurred with staff's recommendation
with one additional stipulation:
2. At which time the applicant makes license application to the
State to serve more than 40 clients, the special use permit
shall be subject to-review by the City.
CITY COUNCIL RECOMMENDATION:
Staff recommends the City Council concur with the Planning
Commission recommendation.
9.41
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9.43 LOCATiON MAP
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SP ��94-15
Turning Point Adult Day Care
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SP ��94-15
Turning Point Adult Day Care
9.45 SITE PLAN
TURNING POINT ADULT DAY CARE
ST. PHII,1P'S LII'THERAN CHURCH
6180 HIC�iWAY 65 NORTHE�AST
��tIDLEY, MN. 55432 '
(G12) 571-1500
ADNIISSION
Turniqg Point Adult Day Care is available to persons residing in the northem subw-bs of Mpls.
and St Pau1. It ia desigued for people who may benefit fram heultfi 9nd therapeutic Qervices�
within a supervised setting. Each applicant is assessed by the Prograna Manager to determine
appropriateness for admission. A physical eacamination by the applicaat's prunary physician is
required either t�n-ee months (90 days) prior to a�niesion or no more than 30 days after achnission.
Among the criteria that restricts admission are: needing more thaa one person to transfer,
wunauageable incontinence, uncontrollable, consiste� waadering, abusive behavior to self or
ott�ers, communicable disease requirir�g isolation, consistent one-to-one supecvieian
Clients are not discriminated against due to race,color,creed, gender, handicap, age, or national
origin t�roughout the admission process aud program. Tbis ie in cc�liance with the Mumesoffi
Hucnan Rights Act
GOST:
The Turning Poi� Adult Day Care bases the daily fee on an aver�ge of a si�c hour day from
9:OOAM to 3:OOP11d. Hours wlrich e�cceed fhis will have sn additional cosk The daily fee
includes a noon meal (iacluding special dietB), morning ffid ��ernoon snacks, activities, aud staff
supervision All clie� are encwu aged to cail the day progcam eot least 2 worldng�days in advence
of expected cancellations. When sudden illnesses or emergencies occur, the cliemticaregiver ean
ca1124 hours of the day to make the cancellation: Clie�s will be ch�ged and expected to pay
every week for hours that t�ey have co�cted . Ciure�ttly we are taldng private pay and will look
in fimding a�sistance from the St�e af Minnesota. We are open to payme� options.
DAII.Y SC��DULE
The Twning Poiut Adult Day Care is open Monday throug6 Piriday from 8:OOAM to 3:30 PM.
Activities are scheduled as followa:
S:OOAM-9:OOAM An�ival and Socializstion
9:OOAM-10:00AM Moming Snack
10:00AM-10:30AM Warm-up exercises
10:30AM-11:30AM Gi�t eve�s
11:30AM-11:45AM Spiritual (optional)
11:45AM-12:45PM Noon meal
12:45PM-1:45PM Individual time (rest)
1:45PM-2:30PM Large C�roup Activity
2:30PM-3:OOPM A$ernoon soack
3:OOPM-3:30PM Depmture
HOLIDAYSi CLOSURE
9.46
The Ttimui�g Point Adult Day Care recognizes the following holidays and will not be open on these
days: Easter, Memorial Day, Fourdi ofJulY, T�nksgivi�g, and �e week between Cln-istrnas and
New Years Day. In case of incleme� weffiher the day staff will i�otm the clients and or
caregivers as early as possible.
TRANSPORTATION
The Tuming Point Adult Day Care will make arrangemeuts t�u-ough a contracted Metro Mobility
Provider to aesiat with transportation for client�s residiqg within our service radiva. Upon
admission to the proga�n, the Progcam Manager will assint all clienta in applying for Metro
Mobility Certification This certification is only good for one year, and must be renewed prior to
the individual's birth mo�. T�mi�g Point will again assist with recertification
MEnicATTOrrs
All clie�s must have their primary physicians written petmission for taking medications at the
cer�ter. Medications coming urto the center must be in an unopened conta.iner (beari�g proper
labels from the pharmacy). All medica�tion is urventoried and stored in a locked cabinet in the
center. All medication will be dispensed by a licensed ntgse or a trained medicaotion assistant
II..Z.NESS
jn the event of clieirt illness �t the center, a�rangeme�s will be made to r�ebun the clieut to their
home within 2 hours of notif cation of illnees. If the caregiver catmot be contacted, fhen the clieut
will remain at the center until such notification is possible. Progarn st�'will take any reasonable
preca�rtione to ensure the safety of all clie�s, but they will not be held reeponsible for aay injury
or loea of life or limb due to sudden illnese or unavoidable ittcide�. =:r -
MF.ALS
The Z�uming Pourt will provide iwo snacks and a noon meal. The meals will be catered to the
cemer. They will follow the guidelines of the clienMs dist�y recoIInnendations from their ptimary
physiciaa. We will provide modified diets to those who physician requests it
PERSONAL BELONQNGS
Each client should bring a complete chaqge of clodies and personal items necessary for daily
activities. Turning Foint requests that all clieffis keep valuables (ie: rings, jewelry, money) at
home. Name tags should be att�ched to appropriate items.
SM�I�NNG
�lients desiring to s�noke may do so uader the supervision of a day staff in a designated smokiqg
area 'Puming Poiut requests that the client have only 2 cigarette breaks a day.
PETS
The Ztiuning Point will look into a pet program with ti�e local humane society. The pro,gram will
be developed from this.
INSURANCE
9.47
!
'I�ming Poiut will be covered by insucance policies of a specific company, this is actively being
pursued and will be settled soon.
STATE REQITLATI4NS
The Mumeaota Deparhnemt ofHuman Services regulates licenaure of all Adult Day Care Ceuters.
The TSuning Poiut will co�am to all policies set forth by dus ack For fiuther i�orn�atioq you
may contact: MimiesotaDep�tment ofHuman Services, Licensure Division at (612) 296-3971.
ENIPLOYMEIVT
The 'Il�uning Point Adult Day Care, rnc., is an Equsl Oppordmity F.mployer. It is t�ee policy of
the 'Itiuning Point to provide equal employmeut oppofi�ity in co�ection wittt all personnel
actions. All personnel action �all be fairly and equitably executed, free of bias or prejudice, and
consistent with the Fair Ea�loyment Fra�tices and good businesa ethica.
• � :
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SP ��94-15
Turni� Point Adult Day Care
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'ISuning Point Adult Day Care, Inc.
A Corporation ofNurses
Lytm Porath RN
Jan Westfal RN
Linda. Neumaim RN
We would like to introduce ourselves to you. We are a committed goup of Registered Nurses
who have found a need in the comcmmity. We are prepared to explain ti�e need and to Qhow you
our plan to meet that need We propose to open a much needed Adult Day Care in the St Philips
Lutheran Church at 6180 Highway 65 NE.
*****Adult Day Care provides a program of social, recreational and health a,cdvities and services
in a group setting d1at:
helps mentally and /or physically impaired adults to maintain or improve their level of
fimctioniRg in order to remain in ti�e community.
_offers participaats the oppordmity to socialize, enjoy peer gupport, and receive healdi and social
services in a stimulating and supportive enviromne�t that promotes better physical aud mental
health.
�rovides assistance to families and other caregivers who have responsihility for an older adult
who carmot be le$ alone during the day and yet does not require 24 hour mrcsing care in an
institution.
helps fimctionally impaired adults who live alone and need supportive services to improve or
mau�tain their le�el of independence.
*****Building on the supportive esn►iro�nenot offered within a group setting, ac�ult day care .
programs work to:
_promote the individual's maximum level of independence
maintain t�e individual's preseut level offimctioning as long as possible, preventing or delaying
furfher deterioration
restore and rehabilitate the individnal to his/her }righest possible level of fimctioning
_provide sapport, reapite, and e�� for families and other caregivers �
foster socialization and peer irrteracticcm
serve as an inbeg�ral part of the ca�mity service netwo�ic and the 1<mg-term care con�
*****Day Care participants include a�dults who are:
limited in their ability to fimction independently in the comtn�mity, physically impaired, socially
isolated, me�ally coid'used
in need of aseistance with personal ca�es
*****Adult Day Care offers an individual plan of care to meet the needs of each participaut.
Paiticipairts attend on a scheduled basis, and services may include tbe following:
_care and supervisionJgroup and individusl activities meals and sciacks healt�
monitoring transportation care managnent recreation exercise�ersonal care nursing
care education health monitorin�counseling i�'oimation and referral assistance with
activities of da.ily living_occupational therapy�hysical therapy speech therapy_caregiver
�PPort
9.50
We have our plan written, ti�e site has been chosen, we are in the process of obtaining a license
from the Mitmesota Depattment of Htmiar► Resources. The buildin4$ already houses a pre-school
day care, and many other communities services. We plan to bring in 40 patticipants on a daily
basis. Most would be transported by a contracted mobility compaay, some would be brought by
their caregivers. Hours are from 8:OOam to S:OOpm, :program hours are 9:OOam to 3:OOpm. We
will be staffed with medical personal to meet the various needs of our patticipants. A floor plan
has been provided for you, it includes the rooms that we will be using, fire alacro system,
entrances and exits, ect Also included, a description of the Day Care and its admission
information, and its policies.
We have hit a problem, one of the many we will probably ha.ve during dus adventure. The
problem is zonir�g. As nurses, we understand the necessary requirements for the State to monitor
and o�er the best care to our participmits. We did not understand that a zoning license and a
special use peimit were necessary. We are limited in time and fimds. We wish due problem to be
solved as quickly as possible, we cannot lose time. The zoning license is necessary for obtainit�g
our license from the State. We are not able to complete our licensir�g package to the State unless
we have the zonin4$ license completed We are comgleting the "special use permit application" and
hope that it can be processed as soon as possible. �
We are committed to a program that allows the community to keep its seniors in their homes, or
with their families. We recognize that not all seniors belong in lor�g-term care, that life can be
complete and fulfilling tM-ough a comm�mity based Adult Day Care program.
Please take time to understand that our need is urgent
We can be reached individually at:
Lyna Poratr� 481-7167
Jan WestEa1631-2842
� s ��y,
L Po� RN`�� Jan Westfal RN
9.51
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State of Minnesota
Department of Human Services
Human Services Building
444 LaFayette Road N
Sc. Paul, Minnesora 55155
September 28, 1994
City of Frid�ey
6431 University Avenue N.E.
Fridley, Minnesota 55432
RE: Zoning Notification of Application for
Department of Human Services Program License
Ti�is is to inform you that we have received an application for a program
license under Minnesota Rules, parts 9555.9600 -9555.9730, and 9555.8000 =
9555.8500 from adult;Turnir�g.F�Qint.Adu�t.,Day.w:Care,.�Inc ,:�6�80�.Hwy 65.NE,
`��frid7ey,� Minnesota�;::55432,T to provide adult day care services..
Issuance of this license is subject to compliance with the provisions of
Minnesota Statutes, 245A.11, as amended by the Laws of Minnesota, 1990,
Chapter 568.
If we do not hear from you within 30 days of receipt of this letter, we wiil
consider this facility to be in compliance with your local zaning code.
Sincerely,
G.
Julie E. Reger, Unit Manager
Division of Licensing
612/296-0156
ANEQUAL OQO�'�ITYEMPLOYER
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I
Community Development Department
PI.��NNING DIVISION
City of Fridley
DATE: October 13, 1994 �
TO: William Burns, City Manager �
FROM:
SUBJECT:
Barbara Dacy, Coinmunity Development Director
Request to Temporarily Occupy 6525 University
Avenue N.E.; by Jim Yungner for The Gym
The S-2 Redevelopment District provides the Planning Commission,,
City Council, and the Housing & Redevelopment Authority the
ability to review uses in the S-2 district which are acceptable
to the overall redevelopment plan. The purpose of this request
by The Gym Training Center by Jim Yungner is as follows:
1. To occupy a building located in a S-2 Redevelopment District
on a temporary basis; and
2. To determine the City's position to include this use in the
approved redevelopment plan. �
The petitioner is proposing to relocate his current operation at
261 Commerce Circle N.E. to the subject building for at least
three years. The petitioner is fully aware of the potential
redevelopment of the property and understands that the building
may be demolished. The Housing & Redevelopment Authority wiil
also review this request at its upcoming meeting.
The Planning Coinmission unanimously recommended approval of
temporary occupancy of 6525 University Avenue N.E. (the former
SlumberLand/10,000 Auto Parts store) subject to the following six_
stipulations:
1.
2.
�
The petitioner shall apply for the appropriate building,
plumbing, and mechanical permits to complete remodeling as
proposed.
The petitioner shall stripe the parking lot; parking stalls
are 10 feet wide and 20 feet long, or 18 feet long if the
stall abuts a curb stop or landscaped area.
The dumpster shall be screened on all sides.
Jim Yungner for The Gym
October 13, 1994
Page 2
4. The parking lot shall be kept free of weeds and grass.
5. Landscaped area to the north shall be kept trimmed in an
attractive manner to provide screening from the residence to
the north.
6. Inclusion of the proposed use in the Fridley Town Square
redevelopment project shall be reviewed by the City Council,
Planning Commission, and Housing and Redevelopment Authority
prior to execution/approval of the development contract for
the project.
Staff recommends that the City Council concur with the Planning
Commission recommendation.
BD/dw
M-94-616
9.54
STAFF REPORT
Community Development Department
APPLICATION NiTMBER:
N/A
Appeats Cocnmission Date
Planning Coinmission Date : October 5, 1994
City Council Date: October 17, 1994
Jim Yungner, The Gym Training Center
LOCATION•
6525 University Avenue N.E.; former SlumberLand/i0,000 Auto Parts
store.
REOUEST•
1) To occupy a building located in a S-2 Redevelopment District
on a temporary basis;
2) To determine the City's position to include this use in the
approved redevelopment plan.
BACRGROIIND:
The parcel was rezoned to S-2, the Redevelopment District in 1990
in conjunction with the redevelopment request by Scott Ericson to
develop a 25,000 square foot strip shopping center to be named
"Fridley Town Square.". The center was to contain a Walgreen's
store, a Burger King fast food restaurant, and other retail uses.
Lowell Wagner subsequently obtained an option agreement with the
parcel's owner, Norma Swanson of Theisen Partnership, and pursued
the implementation of the approved redevelopment project.
Walgreen's has not pursued the site and Wagner is continuing a.
search for another major anchor tenant. The petitioner is
interested in working with Wagner to redevelop the property.
The redevelopment property contains 2.86 acres and includes the
four vacant lots to the north of the subject parcel and two
single family properties to the east. The residential lots to
the east are necessary in order to install for a full movement
driveway east of the median in Mississippi Street.
9,55
Staff Report
Jim Yungner
Page 2
ANALYSIS•
S-2 Redevelopment District
The S-2 Redevelopment District permits the City to determine the
uses which are to be located in the district according to the
"overall redevelopment plan". Staff has required the petitioner
to process this request since the petitioner is proposing to
occupy the building for at least three years and will be
remodeling the inside of the building. Further, the petitioner
is interested in occupying a portion of the approved shopping
center, if developed. This application gives the City the
opportunity to review the proposed temporary use and to provide
feedback to the petitioner about consistency with the overall
redevelopment plan. �
Previous to this request, staff has worked with the building
owner to permit temporary occupancies of the building until the
redevelopment plan can be implemented (see letter to Norma
Swanson dated January 28, 1994). The petitioner's request is
different than previous uses in that occupancy is proposed for a
longer period of time and more extensive improvements will be
occurring inside and outside of the building.
The language in
or deny building
zoning district.
The Gym
the S-2 District does permit the .City to approve
permits or occupancies for buildings within the
The petitioner currently operates The Gym at 261 Commerce Circle.
The City issued a special use permit for the operation in 1991.
The Gym is a personal training center for individuals interested
in weight lifting and "serious training" to accomplish fitness
goals (see letter from Yungner dated September 21, 1994).
The petitioner wants to relocate The Gym to the University Avenue
location fully realizing that the building may be demolished and
redevelopment undertaken prior to the expiration of the three
year lease.
Request #1 - Temporary Occupancy of Building
The temporary occupancy of the building by the proposed use is
not contrary to the intent of the S-2 Redevelopment District.
The petitioner intends to improve the appearance of the outside
of the building by painting the west (front) and south sides of
the building, installing a wall sign (no pylon sign is proposed),
striping the parking lot, and removing weeds and grass in the
9.56
Staff Report
Jim Yungner
Page 3
parking lot. Improvements to the inside of the building include
installation of locker rooms and minor interior walls.
Significant changes to the ventilation systems will not be
necessary and have been reviewed by the City's Mechanical
Inspector. Although these improvements are estimated by the
petitioner at $30,000 to $40,000, they are not improvements which
would significantly add to the value of the building, which could
be a concern to the Housing and Redevelopment Authority.
Adequate parking exits on site. The original 1965 site plan
indicates that 89 parking stalls can be striped on the lot. The
petitioner indicates that peak hour use of the facility is after
working hours. Hours of operation will be from 5:00 am to
midnight.
The petitioner has agreed to screen the dumpster at the rear of
the building.
The curb stops should remain on the parking lot to prevent
traffic from going north to 66th Avenue. Also, the shrubs along
the north portion of the parking lot should be �etained but
trimmed attractively to provide screening from the residences to
the north.
No complaints have been received about The Gym at the existing
location. The use does not have any exterior noise or odor
impacts and should not adversely affect the surrounding
neighborhood.
Request �2 - Consistency with Lonq-Term Redevelopment Plan
The purpose of this request is to provide an initial reaction to
inclusion of the use as part of the ultimate redevelopment plan.
The petitioner has met with the current developer of the
redevelopment project, Lowell Wagner. If business succeeds as
predicted, the petitioner may want to occupy up to 11,000 square
feet of the new shopping center and own part of the project.
Should this type of use be included in the redevelopment project?
The proposed use has less traffic, noise, and odor impacts than
typical retail uses, like the fast food restaurant use which was
approved in the original plan. The question remains if this type
of use is appropriate as part of a neighborhood retail service
building.
if the southwest quadrant is developed with additional
residential units, the market may react and produce a variety of
retail/service shops not originally contemplated; or, major
9.57
Staff Report
Jim Yungner
Page 4
tenants/users may reconsider the location if additional
population is nearby and more activity is occurring at the
intersection. The proposed use is not a neighborhood retail use
and has a specific clientele.
Also of importance is compatibility with the adjacent
neighborhood. Serious concern was raised by the public and some
of the Councilmembers about the redevelopment project. The
proposed use would be more compatible with the surrounding
neighborhood.
As a small part of the original redevelopment plan, inclusion of
the proposed use may be appropriate. Endorsement of the use to
occupy up to almost half of the proposed building (11,000 square
feet versus 25,000 square feet) may be premature given`the
current work on the southwest quadrant. .
The Planning Commission, City Council, and the Housing and
Redevelopment Authority should comment on the proposed use. If
it is found that the use is unacceptable on a long term basis,
the petitioner would appreciate knowing that at this point in
time.
RECOMMENDATION/STIPIILATIONS:
Staff recommends the Planning Commission recommend approval of
occupancy of the building at 6525 University Avenue NE for The
Gym on a temporary basis (up to three years) subject to the
following stipulations:
1. The petitioner shall apply for the appropriate building,
plumbing, and mechanical permits to complete remodeling as
proposed.
2. The petitioner shall stripe the parking lot; parking stalls
are 10 feet wide and 20 feet long, or 18 feet long if the
stall abuts a curb stop or landscaped area.
3.
4.
The dumpster shall be screened on all sides.
The parking lot shall be kept free of weeds and grass.
5. Landscaped area to the north shall be kept trimmed in an
attractive manner to provide screening from the residence to
the north.
9.58
Staff Report
Jim Yungner
Page 5
6. Inclusion of the proposed use in the Fridley Town Square
redevelopment project shall be reviewed by the City Council
and Housing and Redevelopment Authority prior to
execution/approval of the development contract for the
project. '
PLANNING COMMISSION ACTION
The Planning Commission unanimously recommended approval of
occupancy of 6525 University Avenue N.E. for The Gym on a
temporary basis subject to the six recommended stipulations by
staff with one modification to #6 to include review by the
Planning Commission.
CITY COIINCIL RECOMMENDATION �
Staff recommends that the City Council concur with the Planning
Commission recommendation.
9.59
The Gyui Request
N �/2 SEC. /4, T. 30, R. 2 4
C/TY OF FR/OLEY , "
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� �- 9.62
The Gym Request
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205.23 S-2 REDEVELOPMENT.DISTRICT REGULATIONS
1. PIIRPOSE
The purpose of this special zoning district is to:
A. Allow for a mixed use development within special redevelopment
district s set up under Chapter 462 of Minnesota State
Statutes for the health, safety and general welfare of the
City.
B. Allow for the maximum flexibility in the promotion of
difficult redevelopment projects.
C. Allow for development by a plan which is acceptable to, and
in the best interest of, the City and the overall district and
development plan.
2. IISES PERMI2TED
Permitted uses in S-2 Districts are:
Those uses which are acceptable to the overall redevelopment pian and
specific development plans as approved by the City. Upon approval of
the specific development plans, the City shall determine the specific
� uses that are permitted within the development.
3. USES ALIAWED AFTER PLAN DEVEIAPMENT
Uses allowed in each individual building after construction will be
the same as or similar to those uses apgroved in Section 205.22.2.
above.
4. IISES EXCLUDED
Those uses unacceptable to the overall redevelopment plan and specific
development plans, as determined by the City, are excluded uses in S-2
Districts.
5. PROCESS FOR APPROVAL
A. Plans for each individual project or combination of projects
must be submitted to the Planning Cocnmission for review and
recommendation to the City Council. The City Council shall
have final authority to approve all project plans.
B. Project plans submitted to the Planning Commission and City
Council shall include the following minimum criteria:
(1) Site plans showing the lacation of buildings, off-street
parking, street and utili�y locations, auto and pedestrian
3 access to and from the project, any modification to
existing services, grading plans, storm water plans,
building exterior finish, lighting and signing and
landscape plans.
205.23.05.
S-2 RE-
DEVELOYMENT
DISTRICT
REGIIIATIONS
PIIRPOSE
IISES
PERMITTED
IISES
� ERCLIIDED
9j92 9.65 2os.s2-�
205.23.05.
(2) Written City staff review on proj ect compatibility to the
overall redevelopment plan. �
(3),A written Housing and Redevelopment Authority (HRA) report �
on project plan approval and considerations.
C. Any substantial modification to the plan must be submitted
through the Planning Commission and approved by the City
Council. �
6. PERFORMANCE STANDARDS
PERFORMANCE
STANDARDS
All performance standards for uses in this district shall be
comparable to other similar uses that are allowed in other districts.
Parking space sizes may be reduced•to nine (9) feet in width upon
approval of a special use permit. (Ref. Ord. 952)
�
9.66
9�92 205.S2-?.
n
_
C�� �F
FRtDLEY
FRIDLEY MUNICIPAL CENTER • 643i U\IVERSITY AVE. N.E. FRIDLEY, MN 55�132 •(612) 571-3450 • FAX (612) 571-1287
January 28, 1994
Lowell Wagner
11666 Wayzata Boulevard
Minnetonka, NIN 55343
Norma Swanson
Boss Aire, Inc.
2901 Southeast 4th Street
Minneapolis, MN 55414
Dear Mr. Wagner and Ms. Swanson:
Several weeks ago, Lowell asked me about the effect of the S-2,
Redevelopment District, regulations on your property if the
redevelopment plan is not pursued. Walgreen's has not made a final
decision as to whether or not they will be pursuing this site.
Questions have been raised as to what types of uses would be
permitted in the existing building on the property should-the
development not occur.
Enclosed is a copy of the S-2, Redevelopment District regulations.
The permitted uses are those uses which are "acceptable to the
overall redevelopment plan and specific development plans as
approved by the City". This permits the City to review any type
of use in the building. In the past, we have permitted, without
any review process as specified in Section 205.22.05, temporary
occupancies of the.building like the Slumberland operation. Any
type -of building permits which would repair or maintain the
building would be permitted without a review process as specified
in the aforementioned section.
It would be staff's recommendation, however, that any use which
would necessitate the expansion of the building would be subject
to.Planning Commission, City Council, and Housing & Redevelopment
Authority review as specified in Section 205.22.05.
Unless a new redevelopment plan for the development of the parcel
is approved, it is the Housing & Redevelopment Authority's current
position that expansion of the existing building on the property
is not consistent with long term redevelopment plans. This is due,
in part, to the necessity to have a full movement access just east
9.67
Lowell-Wagner and Norma Swanson
January 28, 1994
Page 2
of the existing parcel on the single family property at 355
Mississippi Street. Also, the intent of the redevelopment plan was
to remove obsolete commercial buildings and construct a modern
development consistent with-the redevelopment objectives of this
area.
Should you have any speci;fic questions regarding use of the
building, please do not hesitate to contact me at 572-3590.
Sincerely,
Barbara Dacy
Community Development Director - _-
:� �
C-94-16
� �
C
TRAINING CENTER
September 21, 1994
City of Fridley
Fridley Municipal Center -
6431 University Avenue N.E.
Fridley, MN 55432
Attn: Barbara Dacy, AICP � Community Development Director
RE: Response to letter dated 9/15/94
Dear Ms. Dacy,
Our immediate pians are to relocate our eaisting Fridley location of 261 Commerce
Circle to the building on t6e Northeast corner of University and Mississippi. We
have agreed upon a t6ree year lease for t6e above mentioned building. This is a
temporary lease because the future pians are for the buiiding to be demolished. After
three years we have agreed with t6e building owners to go on a month to month lease
until the developement of the new malt.
Because the building will be demotished in three to four years we are trying to limit
any leasehold improvments. The improvments which we propose to make would
cost approaimately $30,000 to $40,000. Following are the improvements we would
like to make:
1. Womens and mens locker rooms.
2. Co-ed sauna.
3. Separate air conditioning, heating, ventilation system for the locker
rooms.
4. Eaterior locker room walls will be built to roof deck of building.
5. New interior walls will be built 7' to S' high, which will not be as high
as the ezisting ceiling.
2855 GLACIER LANE � PLYMO��INNESOTA 55447 �(612) 553-0171
TRAINING CENTER
One main concern of ours is the since that the building will be demolished we dv not
wish to upgrade the air conditioning unit. We feel the current unit is more than
adequate due to the fact that the building is a wide open space. We truly need for
The City to work with us on this because this is such a temporary stay.
There is also a concern on your part about the eaterior of the building. We definately
intend to better the appearance from what it is today in the following manner:
1. Re-stripe parking lot by painting over the eaisting weathered pain�
There will be no additional configurations of parking spaces.
2. Re-paint the eaterior of the building, which would only include the
front, north, and south sides.
3. Contract grass & snow removal services to appropriately upkeep
ProPei't3'•
We are trying to make t6is property look the most appealing for t6e teast amount
ofmoney due to thefact itwilt be demolis6ed in three to fouryears. It certainly would
not be a wise investment to spend a tot of money on something which will be
destroyed.
OUR EXISTING BUSINESS & FUTURE PLANS
The Gym, Inc. was establised in 1979. The f rst facility was 1900 sq. f� located in
St. Louis Park. In 1981 The Gym, Inc. moved 2.5 miles to larger 3500 sq. ft. facility
located in Golden VaUey. In 1986, the Gym moved to its preseat 12,500 sq. f� w6ich
is located in Plymouth. In 1988 T6e Gym, Inc. opened up its second location in Apple
Valley. In 1990 our t6ird facility of 5600 sq. f� was opened in Fridley. In 1992 the
first ticensee opened a 12,500 sq. ft facility in Champiin. In 1993 a 6500 sq. ft facility
was opened in Bloomington.
The success of The Gym, Inc. in the last 15 years is due to the fact that we are a
training center, not a fitness center like so many of the so-called "health clubs" in
the Twin Cities.
2
2855 GLACIER LANE � PLYMO 9�O NESOTA 55447 �(612) 553-0171
TRAINING CENTER
EXISTING & FUTURE PLANS (con�)
The Gym is a weight lifting - cardiovascutar training facility, which directs our
services primarily to athletes, and people seeking to engage in serious training to
accomplish their fitness goals. The Gym's facility consist mainly of free weights as
opposed to the other facilities which primarily use "Nautilus" and "Universal
Gyms" type machines. The Gym also uses cardiovascular equipment (bikes, rowers,
stairmasters). The Gym does not offer aerobic dance classes.
The Gym's operating hours will be from 5:00 a.m. to midnight. The heaviest hours
of usage will be from 5:00 a.m. to 7:00 a.m., and from 5:00 p.m. to 10:00 p.m. Most
members of The Gym, Inc. work out 3 to 4 days a week, 1 to 2 hours per session.
The Gym also will be selling vitamins, training supplements, training gear, limited
clothing, and bottled beverages. The Gym will not be making or producing any food
or drinks. 90°/a of the above product sales will be to the members.
Our future plans include increasing our clientel and sales to a degree to enable us
to become either a new tennant or new owner of the up coming new shopping center
coming to this area in the neat 3 to 4 years.
We have every intention of occupying the space in the new strip matl. We would be
more than happy to work with Lowell Wagner or any other devetoper. to enable us
to be a tennant or an owner. Idealty we would like to be a partner with Lowell, but
it will also have to be their decision to do this. We, The Gym, Inc. - Fridley, do have
the option to purchase the building at any time during the neat three years. If our
business performs as projected we will follow with these parchasing plans.
If you have any questions, please feel free to contact me.
Sincerely,
The Gym, Inc.
Jim Yungner
Owner
3
2855 GLACIER LANE � PLYMOU'I� �NESOTA 55447 �(612) 553-0171
.!
TRAINING CENTER
Dear Ms. Dacy,
The Parking Area:
We intend to use ezising parking lot as is. We want to use the same lay out that has
always been used for the building for the last 25 years. We do not intend to change
the configuration of the parking spaces. We will only paint over the old weathered
eaisting stripes.
The Dumpsters:
We intend to use the back of the buiiding for dumpster location, w6ich is the
same location that the grocery store and Slumberland used for their business.
Signs:
We intend to put a sign only on the face of the building. There will be oo free
standing or rooftop signs. Wewill contract out professional sign services to prepare
details of the signs to meet City codes and to be approved.
If there are any further questions or comments, please contact me.
Sincerely,
The Gym, Inc.
Jim Yungner
Owner
2855 GLACIER LANE � PLYMO 9�2 NESOTA 55447 �(612) 553-0171
En9�neenng
Sewer
Water
Parks
Streets
Mainten�nce
TO: William W. Bums, City Manager ,���
FROM: John G. Flora,�ublic Works Director
DATE: October 17, 1994
SUBJECT: East River Road Phase II Public Hearing
,. � .
.
y _
We have been informed that the Anoka County Highway Department is proposing to advertise
for the East River Road Improvement Project between Hartman Circle and Glen Creek Road this
fall for construction next year.
The City Council approved the plans and specifications and Joint Powers Agreement at their April
16, 1994 Council meeting. This action was taken after informational meetings were held by the
County as well as the City Council regarding the alignment. The estimated cost for the project
is $1,255,369. The City's portion of the project, for raising the utility services, driveways, signal
lighting, EPV systems and the bikewaylwalkway system on the east side of East River Road, is
estimated at $182,175. It is understood that when this project is awarded, the City will� be
separately adding to the project the extension of the bikeway from Mississippi Street to Hartman
Circle and from Glen Creek Road to Osbome Road, completing this section of the bikeway plan.
It is also understood that any additional funds available from the Anoka County's bikeway/
walkway grant will be returned to the City as partial payment for the bikeway improvement.
In keeping with the Council's policy of assessing concrete curb and gu#ter for those streets that.
have never been assessed based upon a front foot alignment, recommend that a public hearing
be held for the approximately 44 properties affected at the November 7 council meeting. Also,
based upon the escalating cost, recommend that the figure for 1995 be identified at an amount
not-to-exceed $9 per front foot.
In addition, based upon a petition received, that sanitary sewer be provided to one home on East
River Road, recommend this property also be included in the assessment roll.
JGF:cz
Attachment
1�
�
� n •.
•,, �
CITY OF FRIDLEY
NOTICE OF HEARING ON 1MPROVEMENTS
EAST RIVER ROAD IMPROVEMENT PROJECT NO. ST. 1994 - 3
WHEREAS, the City Council of the City of Fridley, Anoka County, Minnesota, has deemed it expedient to
receive evidence pertaining to the improvements hereinafter described.
NOW, THEREFORE, NOTICE IS HEREBY GIVEN THAT on the 7th Day of November, 1994, at 7:30 pm,
the City Council will meet at the Fridley Municipal Center Council Chambers, 6431 University Avenue NE,
Fridley, MN, a�d will at said time and place hear all parties interested in said improvements in whole or in
part.
The general nature of the improvement is the constru�tion (in the lands and street noted below) of the
following, to-wit:
CONSTRUCTION ITEM - -
Street improvements, inGuding grading, stabilized base, hot-mix bituminous mat, conc�ete curb and gutter,
storm sewer, water and sanitary sewer, bikeway/walkway, •landscaping, and other facilities located as
follows:
East River Road Hartman Circle to Glen Creek Road Est. 5182,175
All of the land abutting upon said street named above and all lands within, adjacent and abutting thereto.
All of said land to be _assessed for the concrete curb and gutter at a cost not-taexceed $9.00 per iront foot
along East River Road according to the benefits received by such improvement.
PUBLISHED: FRIDLEY FOCUS
October 18, 1994 ,
October 25, 1994
10A
Eng�neenng
Sewer
Water
Parks
Slreets
Mainlenance
TO: William W. Burns, City Manager,�� PW94-336
FROM: John G. Flora,�Public Works Dire�tor
DATE: October 17, 1994
SUBJECT: Receive and Award Contract for MT Trackless Sidewalk Snowplow
On October 5, 1994 sidewalk snowplow bids were received and opened. Three equipment
companies received specifications and bid the sidewalk snowplow machine equipment with a
snowblower and reversible plow.
MacQueen Equipment, Inc. was low bid at $49,522 for a MT Trackless sidewalk plow with the
snowblower and reversible plow attachment.
Many Public Works Maintenance personnel have trained on the street sections MT Trackless
machine and have some experience operating the machine. A second MT Trackless m�chine
in the Maintenance Fleet section will improve efficiency in snow removing for ice rinks and
sidewalks.
Recommend City Council receive and award the bid to iVlacQueen Equipment Company for the
MT Trackless sidewalk snowplow with attachments in the amount of $49,522 to be paid in
January, 1995.
BN/JGF:cz
11
�
.�� .
•,�. �
BID FOR PROPOSALS
SIDEWALK SNOWPLOW � ACCESSORIES
WEDNESDAY, OCTOBER 5, 1994, 11:00 A.M.
11A
Engineering
Sewer
Waier
Parks
Streets
Maintenance
TO: William W. Burns, City Manager �� PW94-333
� �
FROM: John G. Flora, Public Works Director
DATE: October 17, 1994
SUBJECT: 52nd Avenue Floodway Project No. 222
On Tuesday, O�tober 4, 1994, we opened bids for the Clover Pond/52nd Avenue Floodway
Diversion Project No. 222. Seven firms were provided plans and we received four bids. The low
bidder was F. F. Jedlicki, Inc. from Eden Prairie.
The Columbia Heights City Council received the bids at their October 10 meeting and approved
awarding the contract to F. F. Jedlicki, Inc. for the base bid of $113,871.50 plus Altemate No. 1
invo(ving jacking of the Clover Pond overtlow pipe through the backyards for $18,760.00 ptus an
additional $5,000.00 for contingencies to cover additional plantings flr landscaping associated
with the project, for a total amount of $137,631.50. The City's portion would be in the amount
of $68, 815.75.
This project has been reviewed with a number of different alternatives over the last couple of
years. This particular project is well within the original budgeted amount and should satisfy the
problems associated with the Clover Pond Diversion and the 52nd Avenue backyards.
Based upon the concurrence of the Columbia Heights City Council, recommend the City award
the contract to F. F: Jedlicki, Inc. in the amount of $137,631.50, with the understanding that there
is another $5,000.00 for contingencies if necessary.
JGF:cz
Attachment
12
�''
.�� .
�,�� �
BID FOR PROPOSALS
CLOVER POND/52ND AVENUE FLOODWAY, PROJECT NO. 222
TUESDAY, OCTOBER 4, 1994,11:00 A.M.
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F F Jedlicki Inc 5% Great $113,871.50
14203 West 62nd Street American
Eden Prairie MN 55346 �
Penn Contracting Inc 5% �ans $119,334.00
1697 Peltier Lake Dr America
Centerville MN 55038
W B Miller 5% US Fidelity $136,000.00
16765 Nutria Street NW
Ramse MN 55303
Northdale Construction Inc 5°/a Great $158,518.00
14450 Northdale Blvd American
Ro ers MN 55374
Bituminous ConsuTting & No Bid
Contracting -
2456 Main Street NE
Minnea olis MN 55434
Bonine Excavating Inc No Bid
12669 Meadovwale Rd
Elk River MN 55330 �
G L Contracting Inc No Bid
4300 Willow Drive
12A
Eng;neenn,
Stv:er
V�'ater
Parks
Sireets
M1lamtenance
�II�;.�I���I'�.��\I��� �.�I
TO: William W. Burns, City Manager��1�
FROM: John G. Flora,rPublic Works Director
DATE: O�tober 17, 1994
SUBJECT: Repair of Weli No. 5, Project No. 270
PW94-327
You may recall in June, while we were repairing the turbines of Well No. 5, it was determined to
remove the sand buildup in the well as the pump was being damaged due to excessive sand
wear. It was our original estimate, based upon the data available on the weU hole, that
approximately 8 cubic yards of sand needed to be removed. �
In the development of the well, we removed a total of 172 cubic yards of sand, for an increased
cost of $8, 330.
Request Council approve Change Order No. 1 to the well development contract with Keys Well
Drilling for a total amount of $20,550.
JGF:cz
13
�
�u •.
•.. �
MEMORANDUM
TO: John Flora, Director of Public Works
��JM: Paul Iawrence, Public Works Superintendent
L1ATE: October 4, 1994
SUB�7ECT: Well #5
In June the well turbine in Well #5 failed because of excessive wear caused by
sand enteririg the well. In July the City Council authorized the removal of the
sand from Well #5, at an estimated cost of $12,220 to prevent future damage to
the well. The cost est�mate was based on remaving approximately 8 cubic yards
of sand in 48 hours of air development. The amount of sand removed, however,
was 172 cubic yards, increasing the air development time by an additional 60
hou�s reflectir►g a cost increase of $8,330 for a total cost for air development
of $20,550.
'IY�e total cost of redeveloping and repairing Well #5 was $36,581. Included in
these costs are all labor, equipment and materials. �e materials include a new
7-stage bowl assembly ($5,100), 380 feet of well colimm pipe ($5,472) arid two
new check valves ($1,824).
The oost associated with repairing Well #5 exceeded the original air developament
estimates by almost 70%, but the amotult of sand remaved was 2100o greater than -
originally estimated. The large amount of sand remaved from Well #5 is a good ,.
iridication of why sand damage at this well has bee.n a reoccurririg problem.
13A
�
Telephones: (612) 846-7g71
Fax: (612) 641-0216
IIVVOICE
\� WATER PRODUCERS
� �
CITY OF FRIOLEY .
CIVIC CENTER
6431 UNIVERSITY AVE. N.E.
LFRIDLEY, MN 55432
<rF
" SEPT . 29 . 1994
VOICE N0. ( CUSTOMER 0ltDER N0.
9494-2
�
UNIT �TY UNIT PRIC
MOVE/PULL PUMP LS 1 $1,400.0
SHOP/INSPECTION LS 1• �300.0
MOVE IN EQUIPMENT, SET LS 1�2,400.0
UP AND REMOVE
INSTALL DROP PIPE LS 1$3,100.0
AIRPIT AND REMOVE
DEVELOP HR 107.75 �140.0
REINSTALL PUMP LS 1 ffi1,900.0
MATERIAL
7 STAGE BOWL ASSEMBLY LS 1�5,100.0
8" DROP PIPE FT 380 $14.4
CHECK VALVES � EA 2 � $912.0
`�TOTAL
��' LESS PREVIOUS
.�._ j
AMOUNT DUE
0
13B
: �
'�
!
413 NoAh LexlnQton Partcway
Satnt Paul, Min�esota 55104
TERMS: NET 10 DAYS
Preoailinp inferea( rnlea �ci(t be
charped on atl ooer-due accounl�.
;ATION OF WORK
W�ELL #5
$1 ,40 .00
$30 .00
�2 , 40 .00
$3,10 .00
�15,08 .00
�1 ,90 .00
�5,10 .00
$5,47 .00
$1,824.00
�oK
,/v�
��
✓�
✓°L
, i oe-
�Gk-
�ok-
� o�•
�36,581.00
(�19,845.60
$16,735.40
TO:
FROM:
CITY OF FRIDLEY
M E M O R A N D U M
WILLIAM W. BIIRNS, CITY MANAGER ��
�
RICHARD D. PRIBYL� FINANCE DIRECTOR
SIIBJECT: RESOLIITION INITIATING THE PROCESS. FOR THE SALE OF
THE CITY�S $485�000 GENERAL OBLIGATION BONDS, SERIES
1994A
DATE: October 14, 1994
With the compressed time frame in which this bond issue was put
together, the resolution was not available at the time the agenda
was put together. I will provide to both you and Council the
appropriate resolution on Monda� evening. Our Financial Advisor
will be in attendance at the meeting in case Couneil might have any
questions regarding the issue.
The resolution that I will provide will have been prepared by our
Bond Counsel Jim O'Meara. If the resolution is passed, it will
authorize staff and the financial advisor to proceed forward with
the issuance of the General Obligation Bonds of 1994. ,This bond
issue will have been the first that we have issued under the newer
IRS regulations pertaining to reimbursement tax exempt bond issues.
As you might recall, under the current regulations, each project
that is to be reimbursed through tax exempt bonds must be done
within one year of the final payment or one year after the date the
property is placed in service. This regulation forces the city to
go to market with smaller issues that in the end have a higher cost
to the property owner.
This bond is made up of four
projects, storm water, water, and
of the issue is $485,000, and it
be approximately 5.6% - 5.80.
components; special assessment
sewer projects. The total amount
is anticipated that the rate will
TO: WILLIAM W. BURNS, CITY MANAGER ��
�
FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR
HOWARD KOOLICK, ASSISTANT FINANCE DIRECTOR
JUDY MELHAM, UTILITY BILLING CLERK
SUBJECT: CERTIFICATION OF DELINQUENT UTILITY SERVICES
DATE: October 12, 1994
Attached is a resolution for the purpose of certifying delinquent utility accounts to the
County for collection with the taxes in the year 1995.
All property owners have been notified that the utility bills are being certified to the
County and have been given adequate opportunity to pay the bill. The penalty shown on
this resolution is in addition to the regular penalties that accrue on the utility bills. Due
to the economy and other factors outside of the City's control, the number and dollar
vaIue of accounts has increased over last year, however, we cannot be sure of the final
count or dollar value until mid-November since property owners have 30 days after the _
adoption of the resolution to pay without penalty.
RDP/me
Attachment
RESOLIITION NO. - 1994
A RESOLIITION CERTIFYING CBRTAIN DELINQIIENT IITILITY
BERVICEB TO THE COIINTY AIIDITOR FOR COLLECTIONS WITH
THE 1995 TABES
WHEREAS, certain utility services for the City of Fridley are
delinquent in payment, and
WHEREAS, Chapter 402, Water and Sewer Administration, Chapter 113,
Solid Waste Disposal and Recycling Collection, Chapter 216, Storm
Water Drainage Utility, and Section 1.02 of the City Charter
provides for the certifying of delinquent charges to the County
Auditor for collection with the taxes, and
NOW, THEREFORE BE IT RESOLVED, that the City Clerk is hereby
authorized and directed to certify the following charges to the
County Auditor for collection with the 1995 taxes due and payable
in the year 1995, to wit:
All these noted in Exhibit "A" attached hereto and-made.a part
hereof by reference.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF OCTOBER, 1994.
ATTEST:
WILLIAM J. NEE - MAYOR
WILLIAM A. CHAMPA - CITY CLERK
15A
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TO: WILLIAM W. BURNS, CITY MANAGER�4��
FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR
HOWARD KOOLICK, ASSISTANT FINANCE DIRECTOR
WALTER COLE, ACCOUNTING/ DATA PROCESSING CLERK
SUBJECT: RESOLUTION CONFIRMING ASSESSMENT FOR 1994 SERVICE
CONNECTIONS
DATE: OCTOBER 13, 1994
Attached you will find the resolution confirming assessment for the
1994 Service Connections, and a copy of the payment agreement.
This consisted of one property located at 4700 Main St., Murphy
Warehouse Co.
The total cost of this connection is $28,306.32 and will be
assessed to that property.
RDP/whc
Attachments
RESOLIITION NO. - 1994
RESOLIITION CONFIRMING ASSBSSMENT FOR 1994 SERVICB CONNECTIONS
BE IT RESOLVED by the City Council of the City of Fridley,
Minnesota, as follows:
1. The City Clerk has with the assistance of the engineers
heretofore selected by this Council for such purpose,
calculated the proper a�ounts to be specially assessed for the
1994 SBRVICE CONNECTION3
in said City against every assessable lot, piece, or parcel
of land in accordance with the provisions of law, and has
prepared and filed with the City Clerk tabulated statements
in duplicate showing the proper description of each and every
lot, piece, or parcel of land to be specially assessed and the
amount calculated against the same.
2. Notice has been duly published as required by law that this
Council would meet in regular session at this time and place
to pass on the proposed assessment.
3. Said proposed assessment has at all times since its filing
been open to inspection and copying by all persons interested,
and an opportunity has been given to all interested persons
to present their objections, if any, to such proposed
assessment, or to any item thereof, and no objections have
been filed, except
4. The amounts specified in the proposed assessment are changed
and altered as follows:
5. This Council finds that each of the lots, pieces, or parcels
of land enumerated in said proposed assessment as altered and
modified was and is specially benefited by the
1994 SERVICE CONNECTION3
in the amount in said proposed assessment as altered and
modified by the corrective roll in the amount set opposite the
description of each lot, piece, or parcel of land, and that
said amount so set out is hereby levied against each of the
respective lots, pieces, or parcels of land therein described.
• '�
Paqe 2- Resolution No. - 1994
6. Such proposed assessment as altered, modified, and corrected
is affirmed, adopted and confirmed, and the sums fixed and
named in said proposed assessment as altered', modified, and
corrected, with the changes and alterations herein above made,
are affirmed, adopted, and confirmed as the proper special
assessments for each of said lots, pieces, or parcels of land
respectively.
7. Said assessment so affirmed, adopted, and confirmed, shall be
certified to by the City Clerk and filed in his office and
shall thereupon be and constitute the special assessment for
1994 SERVICE CONNECTIONS
8. The amounts assessed against each lot, piece, or parcel of
land shall bear interest from the date hereto until the same
have been paid at the rate of six and one half (6 1/2 �) per
cent per annum.
9. Such assessment shall be payabZe in TWENTY (20) annual
installments payable on the first day of January in each year,
beginning in the year 1995, and continuing until all of said
installments shall have been paid, each installment �o be
collected with taxes collectible during said year by the
- County Auditor.
10. The City Clerk is hereby directed to make up and file in the
office of the County Auditor of Anoka County a certified
statement of the amount of all such unpaid assessments and the
amount which will be due thereon on the first day of January
in each year.
PASSED AND ADOpTED BY THE CITY COONCIL OF THE CITY OF FRIDLEY THIS
DAY OF .�. , 1994
ATTEST:
WILLIAM C. CHAMPA - CITY CLERR
• :
WILLIAM J. NEE - MAYOR
/�
. _.. .
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• . ,�, ,/;r�rnj?��y: t;�:?i���=,-1�'%5�. c�''- theownerofthe -
�-following described property
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- Hereby agree to_pay in cash $ � � � , _.. ,,: ; ` �_�
t.
to the city of Fridley to cover my proportionate share of
�- ,. - ;r >
f.
-. the utility,system, or in Ueu �thereof agree to ,have the : .
: �.�� , .
Y.City 1evy:an assessment against the. property described .. :_.
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�„ l : above �to; �over the cost of my proportionate:share� of
,� �-�.�y, x ., k . - � , : 4 . .. , , - .�.
. �._ -: �`�z_;,�thp:ii`t�i�tv::�vstPm as nrovided �n�S"ection�2 of�O�r.dinance<�. �-. . _ -
�
16C '
TO: WILLIAM W. BURNS, CITY MANAGER fi4�
FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR
HOWARD KOOLICK, ASSISTANT FINANCE DIRECTOR
WALTER COLE, ACCOUNTING/ DATA PROCESSING CLERK
SUBJECT: RESOLUTION CONFIRMING ASSESSMENT FOR 64TH AVENUE
STORM WATER IMPROVEMENT PROJECT NO. 260
DATE: OCTOBER 13, 1994
Attached you will find the resolution confirming assessment for
64th Storm Water Improvement Project No. 260.
This project consists of improvements on 64th Avenue, Mississippi
St, Arthur St, and Central Avenue.
The total costs of this project is $173,105.08. Of this amount
$132,105.08 will be paid from the Storm Water Fund and the balance
of $41,000.00 will be assessed to the residential property owners.
The amount is based on $1,000.00 per property.
RDP/whc
Attachment
r
_ _ _
RESOLIITION NO. - 1994
RESOLIITION CONFIRMING ASSESSMENT FOR 64TH AVENIIE STORM
WATER IMPROVEMENT PROJECT NO. 260
.
BE IT RESOLVED by the City Council of the City of Fridley,
Minnesota, as follows:
1. The City Clerk has with the assistance of' the engineers
heretofore selected by this Council for such purpose,
calculated the proper amounts to be specially assessed for the
64T$ AVENtTE STORM WATER IMPROVEMENT PROJECT NO. 260
in said City against every assessable lot, piece, or parcel
of land in accordance with the provisions of law, and has
prepared and filed with the City Clerk tabulated statements
in duplicate showing the proper description of each and every
lot, piece, or parcel of land to be specially assessed and the
amount calculated against the same.
2. Notice has been duly published as required by law that this
Council would meet in regular session at this time and place
to pass on the proposed assessment.
3. Said proposed assessment has at all times since its filing
been open to inspection and copying by all persons interested,
and an opportunity has been given to all interested persons
to present their objections, if any, to such proposed
assessment, or to any item thereof, and no objections have
been filed, except
4. The amounts specified in the proposed assessment are changed
and altered as follows:
5. This Council finds that each of the lots, pieces, or parcels
of land enumerated in said proposed assessment as altered and
modified was and is specially benefited by the
64TH AVENUE STORM WATER IMPROVEMENT PROJECT NO. 260
in the amount in said proposed assessment as altered and
modified by the corrective roll in the amount set opposite the
` description of each lot, piece, or parcel of land, and that
said amount so set out is hereby levied against each of the
respective lots, pieces, or parcels of land therein described.
17A
a
LUCILLE A DAHLBER6
1384 64TH AVE NE
FRIDIEY MI 55432-5201
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TO: WILLIAM W. BURNS, CITY MANAGER �"
FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR
SUBJECT: OBJECTION OF ASSESSMENT FOR PROPERTY LOCATED AT 1384
64TH AVENUE
DATE: October 17, 1994
Attached you will iind another objection, received by the City Clerk, regarding the assessment of
projects this evening. The property owner has identified the project she is protesting as the 64th Avenue
Storm Water Lnprovement projec� According to the State Statute this letter should be officially
received by Council for consideration at tonighrs meeting.
RDP/me
cc: John Flora
�
,
��
�=� ,
City of Fridley
To whor� it may concern�
1372 64th �venue N:E.
Fridley, �N 55�32
October T7.. 7�994
We are servi.ng noti�e that we are objecting to the proposed
assessment of $T000.00 on our property located at T372 64th
Avenue 1�'.E., Fridley, iviN.
The law states that "said improvements will be assessed against
the properties in whole or in part porportionately to each of
the lands therein contained according to the benefits received.
Not only was our 1and not benefited by said 3:mprovement, but the
improvement has proved to be detrirr,ental to our property.
S�.n�erely,
�
,
Mark A. Schwartz
Jean S. Schwartz �,
_. , . ... �� �. �'�. 3 �:h .
� � . � � . :t + . . . �
. � . . . �: -�t .
�
. }
TO: WILLIAM W. BURNS, CITY MANAGER ��
�
FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR
SUBJECT: OBJECTION OF ASSESSMENT FOR PROPERTY LOCATED AT 1372
64TH AVENUE
DATE: October 17, 1994
Attached you will fnd another objection, received by the the City Clerk, regarding the
assessment of projects this evening. The properiy owner has not identified which project
he is protesting, but I would imagine that it is the 64th Avenue Storm Water Improvement
According to the State Statute this letter should be officially received by Council for
consideration at tonight's meeting.
RDP/me
cc: John Flora .
E
,
Paqe 2- Resolution No. - 1994
6. Such proposed assessment as altered, modified, and corrected
is affirmed, adopted and confirmed, and the sums fixed and
named in said proposed assessment as altered, modified, and
corrected, with the changes and alterations herein above made,
are affirmed, adopted, and confirmed as the proper special
assessments for each of said lots, pieces, or parcels of land
respectively.
7. Said assessment so affirmed, adopted, and confirmed, shall be
certified to by the City Clerk and filed in his office and
shall thereupon be and constitute the special assessment for
64TH AVENIIE STORM WATER IMPROVEMENT PROJECT NO. 260
8. The amounts assessed against each lot, piece, or parcel of
land shall bear interest from the date hereto until the same
have been paid at the rate of six and one half (6 1/2 �) per
cent per annum.
9. Such assessment shall be payable in Fifteen (15) annual
installments payable on the first day of January in each year,
beginning in the year 1995, and continuing until all of said
installments shall have been paid, each installment to be
collected with taxes coZlectible during said year by the
. County Auditor.
10. The City Clerk is hereby directed to make up and file in the
office of the County Auditor of Anoka County a certified
statement of the amount of all such unpaid assessments and the
amount which will be due thereon on the first day of January
in each year.
PASSED AND ADOPTED BY THS CITY COIINCIL OF THE CITY OF FRIDLEY THIS
DAY OF , 1994 '
ATTEST:
WILLIAM J. NEE - MAYOR
WILLIAM C. CH�NiPA - CITY CLERR
17B
TO: WILLIAM W. BURNS, CITY MANAGER *�i� '
FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR ,
HOWARD KOOLICK, ASSISTANT FINANCE DIRECTOR
WALTER COLE, ACCOUNTZNG/ DATA PROCESSING CLERK
SUBJECT: RESOLUTION CONFIRMING ASSESSMENT FOR STREET
IMPROVEMENT PROJECT NO. STREET 1993 - 1& 2
DATE: OCTOBER 13, 1994
Attached you will find the resolution confirming assessment for
Street Improvement Project No. Street 1993 - 1& 2.
This project consists of improvements on Monroe St, Hathaway St,
7th St, Lynde Dr, Regis Ln, Cheri Ln, Fillmore St, 53rd Ave,
Brookview DR, Regis Dr and City Overlays.
The total costs of this project is $1,371,602.24. Of this amount
$969,785.24 will be paid from the Capital Improvement Fund, Street
Division, $113,666.08 from the Parks Division, and $134,687.78 from
the General Division. An amount of $49,755.66 will also be paid
from the Water Fund.
The Sum of $103,707.48 will be assessed to the residential property
owners. The amounts will be based on $8.00 per front foot.
RDP/whC
Attachment
�
:
RESOLIITION NO. - 1994
RESOLIITION CONFIRMING4 ASSESSMENT FOR STREET IMPROVEMENT
PROJECT NO. STREET 1993 - 1& 2
BE IT RESOLVED by the City Council of the City of Fridley,
, Minnesota, as follows:
1. The City Clerk has with the assistance of the engineers
heretofore selected by this Council for such purpose,
calculated the proper amounts to be specially assessed for the
STREET IMPROVEMENT PROJECT NO. STREST 1993 - 1& 2
in said City against every assessable lot, piece, or parcel
of land in accordance with the provisions of law, and has
prepared and filed with the City Clerk tabulated statements
in duplicate showing the proper description of each and every
lot, piece, or parcel of land to be specially assessed and the
amount calculated against the same. �
2. Notice has been duly published as required by law that this
Council would meet in regular session at this time and piace
to pass on the proposed assessment.
3. Said proposed assessment has at all times since its filing
been open to inspection and copying by all persons interested,
and an opportunity has been given to all interested persons
to present their objections, if any, to such proposed
assessment, or to any item thereof, and no objections have
been filed, except
4. The amounts specified in the proposed assessment are changed
and altered as follows: �
5. This Council finds that each of the lots, pieces, or parcels
of land enumerated in said proposed assessment as altered and
modified was and is specially benefited by the
STREET IMPROVEMENT PROJECT NO. STREET 1993 - 1& 2
ti in the amount in said proposed assessment as altered and
modified by the corrective roll in the amount set opposite the
description of each lot, piece, or parcel of land, and that
� said amount so set out is hereby levied against each of the
respective lots, pieces, or parcels of land therein described.
: �
,
•r •�- ••,
City of Fridley
Attn: Bill Champa
6431 University Avenue N. E.
Fridley, Minnesota 55432
Re: Assessment for Street Improvement
Project# Street 1993 - 1& 2
Dear Mr. Champa,
� �
i`� �'`.
�
�
G� ��
�, �" `, v°
` p1�a 'C�V�
.� Pv
l/'
I am responding to the notice I reoeived regarding the hearing on assessment for the above
street irr�rovement project.
Prior to the changes made to the curbs and gutters and street elevation in front of our property,
vue did not have any drainage prablems. Since the "improvements" have been made, water
does not drain out of our yard. In fact, street water now runs into our yard. When it rains, we
have a"pool" in our driveway. This has devalued our property and I believe that it will at some
point, cause a rrrajor water problem in our basement. ! have written numerous letters and
spoken with the Public Wbrks Director, theAssistant Public Works Direc�or, and Counalmerr�er
Billings, and there has not been an aoceptable solution proposed to me.
At this t�rr�, I am refusing to pay any assessmer�t to my property brought by the "Street
Improvement" listed above. There has not been an improvement to rrry street but a devaluation
to rrry property. I am requesting that either #he curb be lovu�ered or the yard elevation be raised
to restore my property to it's pre-existing condition.
We await your prompt response.
Sincerely,
<
' � � (1,�'� (;-l.0 k����
Blaine and Lorri Kopischke
6830 Monroe St. N. E.
Fridley, MN 55432
G . .�
r
TO: WILLIAM W. BURNS, CITY MANAGER
FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR
SUBJECT: OBJECTION OF ASSESSMENT FOR PROPERTY LOCATED AT
6830 MONROE ST.
DATE: October 14, 1994
Attached you will find an objection the City Clerk received regarding an assessment for the
1993 - 1& 2 Street Improvement Project. According to the State Statute this letter should
be officially received by Council for their consideration at Monday evenings meeting which
confirms the assessment.
RDP/me
Attachment
Page 2- Resolution No. - 1994
6. Such proposed assessment as altered, modified, and corrected
is affirmed, adopted and confirmed, and the sums fixed and
named in said proposed assessment as altered, modified, and
corrected, with the changes and alterations herein above made,
are affirmed, adopted, and confirmed as the proper special
assessments for each of said lots, pieces, or parcels of land
respectively.
7. Said assessment so affirmed, adopted, and confirmed, shall be
certified to by the City Clerk and filed in his office and
shall thereupon be and constitute the special assessment for
STREET IMPROVEMENT PROJECT NO. STREET 1993 - 1& 2
8. The amounts assessed against each lot, piece, or parcel of
land shall bear interest from the date hereto until the same
have been paid at the rate of six and one half (6 1/2 %) per
cent per annum.
9. Such assessment shall be payable in ten (10) annual
installments payable on the first day of January in each year,
beginning in the year 1995, and continuing until all of said
installments shall have been paid, each installment to be
collected with taxes collectible during said year by the
County Auditor.
10. The City Clerk is hereby directed to make up and file in the
office of the County Auditor of Anoka County a certified
statement of the amount of all such unpaid assessments and the
amount which will be due thereon on the first day of January
in each year.
PASSED AND ADOPTED BY THE CITY COQNCIL OF T$E CITY OF FRIDLEY THIS
DAY OF � 1994
ATTEST:
WILLIAM C. CHAMPA - CITY CLERR
. .
AILLIAM J. NEE - MAYOR
19
��
� FOR CONCURRENCE BY THE CITY COUNCIL
t�� � October 17, 1994
Type of License: B� Approved By:
LICENSES
Fees:
CIGARETTE
Twin Cities Stores, Inc. Bruce L. Nelson David Sallman $12.00
7298 High�,•ray b5 "J.E. Pubiic Safety Director
Frid7ey, '�iN 554�2
FOOD ESTA3LISHME'JT
Twin Cities Stores, Inc. Burce L. Nelson
7298 High���ay 65 N.E. -�
Fri dl ey, ?•1N 55432
RETAIL GASOLINE
Twin Cities Sto►�es, Inc. Bruce L. Nelson Richard Larson
7298 Highway 65 N.E. Fire Inspector
Fridley, MN 55432
$45.00
$60.00
I
FOR CONCURRENCE BY THE CIT� COUNCIL
6AS SERVICES
Fireside Corner
2740 N Fairview Ave
Roseville MN 55113
Jakes Service Inc
1600 85 Ave NE
Spring Lake Park MH 55432
Sharon Eibensteiner
Jakes Pyles
North Suburban Heating & Air Cond
19066 3asper NW
Anoka MN 55303 Daniel Larson
SENERAL COltiRA�I�t-COM+�RCIAI
Joseph E Merila Construction
3730 Union Terrace Ln
Plymouth Mid 55441
Strack Construction
Po 8ox 668
St C�oud MN 56302
T C Construction Mgmt Inc
1 Simmons Brook Dr
Westfield MA 01085-1058
Joseph Merila
Mike Smith
Thomas Fuller
�f�lE.R� �(M�ITRACTQ� RfSiDENTIAL
Johnson Pau1 Construction {4098) :
18U9 Mississippi Blvd NW
Coon Rapids MN 55433 Pau1 Johnson
Raingaard Roofing (6061)
12008 Pennsylvania Ave N
Champlin MN 55316
Skyway Quaiity Non�s Inc (3005)
8025 Garfield St
Spring Lake Park MN 55432
Twin City Townhomes Inc (82fi9)
1250 E Moare Lake Dr NE
Fridley MN 55432
TI
Jakes Service Inc
i600 85 Ave NE
Spring Lake Park MN 55432
Steve Duret
Rob Shimanski
Ge�e Sheilerud
Jake Py7es
North Suburban Heating & Air Cond
19066 Jasper NW
Anoka MN 55303 Daniel Larso�►
21A
LICENSES
JOHN PALACIO
Chief Bidg Ofcl
Same
Same
JONN PALACIO
£hief Sidg Ofcl
Same
Same
STATE OF MINN
Same
Same
Same
JOHN PALACiO
Chief Bldg Ofcl
Same
Northtown Heating & Cool Tnc
9077 Van Buren St NE ,
Blaine MN 55434
Palen/Kimball Co
550 Vandalia St
St Paul MN 55114
S B S Mechanica] Inc
7160 Madison Ave W
Golden Valley MN 55427
Whelan Co Inc
1620 W 98 St
Bloomington MN 55431
OOR FING
Local Roofing Co Inc
2645 Harlem St
Eau Claire WI 54701
MAS NRY
J & S Concrete & Masonry
10511 35 St
Princeton MN 55371
PLI�I NG
Galaxy Mechanical Contractor Inc
3151 101 Ave NE
81 a� r�e MN 55449
ROOFIN6
S J Anderson Construction
299 17 Ave NW
New Brighton MN 55112
David Fehringer
Mike Mercier
Gunvant Bhatt
Michael Whelan
Gene Hanson
Robert Samford
�larren Zirmnerman
Scott Anderson
21B
Same
Same
Same
Same
JONN PALACIO
CHief 6idg Ofci
JOHN PALACIO
Chief 6]dg Ofcl
STATE OF MINN
JOHN PALACIO
Chief Bldg Ofcl
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FRIDLEY
Bama, Guzy & Steffen, Ltd.
400 Northtown Financia! Plaza
200 Coon Rapids Boulevard
Coon Rapids, MN 55433
ESTIMATES
OCTOBER 17, 1994
Statement for Legal Services Rendered
as City Attorney for the Month of
September, 1994 . . . . . . . . . . . . . . . . . . . . . . . $ 8,112.60
Newquist & Ekstrum, Chartered
301 Fridley Plaza Office Building
6401 University Avenue N.E.
Fridfey, MN 55432
Statement for Legal Services Rendered
as City Prosecuting Attorney for the
Month of August, 1994 . . . . . . . . . . . . . . . . . . . . . $ 14,463.75
Lunda Construction Co.
620 Gebhardt Road
Black River Falls, WI 54615
Locke Lake Dam Restoration
Project No. 211
Estimate No. 4 . . . . . . . . . . . . . . . . . . . . . . . . . $ 46,664.24
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22A