CCA 12/19/1994 - 29300�
FRIDLEY CITY COLTNCIL MEETING
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F��� ATTENDENCE SHEET
Monday, December 19, 1994
7:30 P.M.
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CiTY OF
FRIDLEY
FRIDLEY CITY COUNCIL MEETING OF
PLEDGE OF ALLEGIANCE:
DECEMBER 19,1994
CERTIFICAtE OF APPRECIATION:
Sheriff Kenneth G. Wilkinson
APPROVAL OF MINUTES:
City Counci! Meeting of December 5, 1994
Special C�ty Council Meeting of December 7, 1994
ADOPTION +OF AGENDA:
OPEN FORUM, VISITORS:
NEW BUSINESS:
Resolution Adopting a Budget for the
FiscalYear1995 ........................................ 1-1B
Resolution Declaring the Necessity to
Levy a Tax Which Appears to be in
Excess of 16 Mills and Certifying Tax
Levy Requirements for 1995 to the
County of Anoka for Collection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 - 2B
FRIDLEY ClTI( COUNCIL MEETING OF DECEMBER 19, 1994 Page 2
OLD BUSINESS:
Second Reading of an Ordinance Under
Section 12.07 of the City Charter to
Vacate Streets and Alieys and to Amend
Appendix C c�f the City Code (Vacation
Request, SAV #94-03, by Mearlin
Nordstrom) (Ward 1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Second Reading of an Ordinance to
Amend the City Code of the City of
Fridley, Mi�nnesota, by Making a Change
in Zoning Districts (Rezoning Request,
ZOA #94-03, by David Stewart and
Robert Gilstad) {INard z) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Second Reading of an Ordinance to
Amend the City Code of the City of
Fridley, Minnesota, by Making a Change
in Zoning Districts (Rezoning Request,
ZOA #94-05, by Bruce Moseman of
Supreme Tool, Inc.) (Ward 2) . . . . . . .
3-3B
. .-
...................... 5-5A
Re-establish Public Hearing for January 9, 1995,
Regarding Hyde Park Tax S#atus Property Owned
by the Anoka County Community Action Program . . . . . . . . . . . . . . 6
FRIDLEY CITY COUNClL MEETlNG 4F DECEMBER 19,1994 Page 3
OLD BUSINESS (CONTtNUED :
Second Reading of an Ordinance
Recodifying the Fridley City Code,
Chapter 603, Entitled "Intoxicating
Liquor" by Amending Section 603.10 . . . . . . . . . . . . . . . . . . . . . . . . 7 - 7B
NEW BUSINESS (CONTINUED):
R soluti . n Authorizing Sign"ng an
Ag eme for Ce in Empl ee
Rep esent by Int national nion �j r �� ��- ��
of Op rating nginee s, Locaf o. 49, �. �
AFL-C (Pu 'c Work Mainten nce)
for199 .... ..... .................................. 8-8G�
First Reading of an Ordinance Amending
Chapters 506 and 128 of the Fridley City
Code, Regarding Parking of Large Commercia!
Vehicles on Residential Property . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 - 9Q
First Reading of an Ordinance to Amend
the City Code of the City of Fridley,
Minnesota, by Making a Change in Zoning
Districts {Rezoning Request, ZOA #94-04,
by Dave Mclntyre of Ceres Environmental)
(111/ard 3} . . . . . . . . . . . . . . . . . . . . . . . . . . �. . . . . . . . . . . . . . . . . . . . 10 - 10CC
NEW BUSINESS (CONTINUED):
Receive the Minutes of the Planning Commission
Meeting of November 30, 1994: . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 -11 ZZ
A. Specia{ llse Permit Request,
SP #94-97, by Michael and
Juiie Heiler, to Aliow Construction
of a Kitchen Expansion and
Repair of an Existing Dwelling
in the Flood Fringe District,
Generally Located at 8245
Riverview Terrace N. E. (1!1/ard 3)
...................
...................
B. Resoiution Approving a Subdivision,
Lot Split, �.S. #94-07; to Redefine
Lots 1 and 2, Biock 10, Great
Northem �ndustriai Center by Moving
the Joint Property Line 39 Feet East
of its Current Location (By Plunkett's
Pest Control) (Ward 3) . . . . . . . . . . . . . . . . . . . . . . . .
........................
11 - 1'f C
11M - 11S
11C-11F
11T -11ZZ
Appoint Citizen Advisory Committee for
Clean-Up Week, 1995 . . . . � . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 - 12B
�
FRIDLEY CI fY COUNCIL MEETING OF DECEMBER 19, 1994 Page 5
NEW BUSINESS (CONTINUED):
Approve $2,000 Contribution to
Woodcrest Elementary School for
Playground �quipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Approve $3,�00 Donation to independent
School Distr�ct No. 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 - 14B
Resolution�Approving an Agent's .
Insurance Service Agreement with
Corporate 4 lnsurance, inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 - 15L
Resolution Authorizing an tncrease
in Compensation for Fridley City
Employees tor the 1995 Calendar Year . . . . . . . . . . . . . . . . . . . . . . 16 - 16B
UNCIL MEETING OF DECEMBER 19, 1994 ___ _ Page s
NEW BUSINESS (CONTINUED):
Resolution Approving Plans and Requesting
Anoka Coun�y to Proceed with Improvements
on East River Road from Janesvilie Street to
North City Limits County (S.P. 02-601-35) City
(S.A.P. 127-020-15) City Street Improvement
Project No. ST. 1995 - 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 - 17E
Resoiution Providing for Sewer Rate
Increases .................................. .......... 18-18A
Resolution Providing for Water Rate
Change .:.............................................. 19-19B
Appointment: City Employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Informal Status Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
THE MINIITEB OF THE REGULAR MEETING OF THE FRIDLEY CITY COIINCIL OF
DECEMBER 5, 1994
The Regular Meeting of the Fridley City Council was called to order
at 8:34 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:
MEMBERS ABSENT:
Mayor Nee, Councilwoman Jorgenson, Councilman
Billings, Councilman Schneider and Councilwoman
Bolkcom
None
GERTIFICATE OF APPRECIATION:
CLIFFORD HAUSMAN•
Mr. SalZman, Public Safety Director, introduced Mr. Hausman,
Manager of Cheapo Records in Fridley. He stated that Mr. Hausman's
actions led to the arrest of arson and burglary suspects believed
to be responsible for 31 arsons, four of which occurred in Fridley.
He stated that eighteen of these involved businesses and, most
recently, the suspects were involved in residential burglary and
arson in the suburbs.
Mr. Sallman stated that Mr. Hausman became involved when the
suspects tried to sell stolen merchandise to Cheapo Records. He
stated that Mr. Hausman noticed that the stolen equipment had been
identified in a letter the Police Task Force sent to their store.
He stated that Mr. Hausman then contacted the Police Department.
A search warrant was obtained, and a considerable amount of
property recovered. He stated that Mr. Hausman is to be thanked
for ending this fear of arson and burglary in the metropolitan
area.
Mayor Nee stated that Mr. Hausman's prompt response to suspicious
activity resulted in the apprehension of the burglary/arson
suspects, and he became involved to end the crime wave in the
metropolitan area. Mayor Nee and members of the Council extended
their thanks to Mr. Hausman for being such an outstanding citizen.
Mr. Hausman stated that he was just doing his job, and anyone else
would have acted in the same manner. He stated that being able to
help in this kind of situation makes his job worthwhile. He stated
that Cheapo Records is always involved in trying to catch persons
involved in theft. He thanked the Council for the certificate of
appreciation.
FRIDLEY CITY COIINCIL MEETING OF DECEMBER 5. 1994 PAGE 2
APPROVAL OF MINUTES:
COUNCIL MEETING, NOVEMBER 21. 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.
ADOPTION OF AGENDA:
MOTION by Councilman Schneider to adopt the agenda as submitted.
Seconded by Councilman Billings. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
PUBLIC HEARINGS:
1. PUBLIC HEARING ON REZONING REQUEST. ZOA #94-04, BY DAVE
MCINTYRE OF CERES ENVIRONMENTAL, INC., TO REZONE FROM M-2,
HEAVY INDUSTRIAL, TO M-3, HEAVY INDUSTRIAL OUTDOOR INTENSIVE
TO ALLOW CONSTRUCTION OF CORPORATE OFFICES AND OUTDOOR STORAGE
OF MATERIALS AND EOUIPMENT AS A PRINCIPAL USE, GENERALLY
LOCATED EAST OF 5101 INDUSTRIAL BOULEVARD, NORTH OF FMC, AND
ADJACENT TO THE BURLINGTON NORTHERN MAINLINE {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 unanimously and the public hearing opened at
8:40 p.m.
Mr. Hickok, Planning Coordinator, stated that this rezoning request
is for Lots 1 and 2, Block 3, Great Northern Industrial Center
East, generally located on Ashton Avenue east of Pearlman Rocque
Company. He stated that the rezoning would permit the petitioner
to have an outdoor storage area far large equipment and materials
and to construct a corporate office and maintenance building.
Mr. Hickok stated that Ceres Environmental is an environmental
consultant for clients in the metropolitan area and the nation.
He stated that their services include fuel tank removal and
replacement, construction demolition and recycling, timber
recycling, snow removal, and general tree service. He stated that
this site would function as their office, provide for the outdoor
storage of heavy equipment, and occasional storage of sand and salt
related to snow removal. He stated that Ceres has other locations
in the metropolitan area to handle their specific needs, and a
Maple Grove site serves as their wood and timber recycling
location.
Mr. Hickok stated that in 1992, Council determined that there was
a need for modification to the zoning districts to allow M-3
zoning. He stated that prior to 1992, M-2 zoning was the most
FRIDLEY CITY COIINCIL MEETING OF DECEMBER 5, 1994 PAGB 3
intensive industrial district in the City. He stated that staff
feels because this site is surrounded by M-2, it becomes an island
if the property is rezoned, and, therefore, recommends denial of
the rezaning request.
Mr. Hickok stated that the Planning Commission has recommended
approval. of the rezoning with seven stipulations, eliminating the
stipulation recommended by staff pertaining to a concrete or
asphalt surface for drives or parking/storage areas. He sta�ed-
that Bel Air Excavation in New Brighton has a similar site, anc�
they grade it after the heavy equipment is removed. He stated that
in the hot summer the equipment tends to bore into an asphalt
surface and, if it is stored on concrete, it chips this surface.
He stated that Ceres Environmental felt they could keep a c�ravel
surface clean by grading it.
Councilwoman Bolkcom asked if the City has had any response from
other businesses in the area.
Mr. Hickok stated that notices were sent, and the owners of
Minikahda Mini Storage inquired as to what was proposed for this
site, but have not stated their position on this rezoning request.
Councilman Billings asked how the equipment gets in and out of the
site and if it would damage the City streets. -
Mr. Hickok stated that all equipment would be on trailers, and the
petitioner Peels the design of the roadways would accommodate their
needs.
Councilwoman Jorgenson asked if the businesses and residents to
the east of Main Street were notified of this rezoning.
Mr. Hickok stated that the residential homes across Main Street
were not included in the notification.
Mr. Steve Johnson, Business Manager for Ceres Environmental, stated
that he and Mr. McIntyre were here to answer any questions from
Council.
Mr. Johnson stated that the primary function of this facility would
be for offices and equipment maintenance. He stated that the
secondary use would be for equipment storage. He stated that 80
to 85 percent of their equipment is used on the job site, and their
whole fleet of equipment would not be on this site at any one time.
He stated that the need for the gravel surface would be for storage
of truck equipment, such as excavators and bulldo2ers, which are
not compatible with an asphalt or concrete surface.
Mr. Johnson stated that there wouZd be intense activity in and out
of this site with snow removal activities. He stated that these
hours wauld be from about 11:00 p.m. when the trucks are dispatched
FRIDLEY CITY COONCIL MEETING OF DECEMBER 5. 1994 PAG$ 4
and again at 6:00 a.m. to 7:00 a.m. when the trucks return. He
stated that their company provides snow removal for companies such
as Honeywell, Hennepin County Medical Center, and the Metrodome.
Councilwoman Jorgenson asked how the company handles contaminated
soil.
Mr. Johnson stated that none of the contaminated soil would be back
at this location. He stated they have a wash bay that traps petro-
leum products.
Councilwoman Jorgenson asked how much of their business involves
hazardous petroleum products.
Mr. Johnson stated that this activity accounts for about ten
percent of their gross revenue. He stated that their activities
are about evenly divided in environmental contract work, demolition
of facilities, and wood waste recycling. He stated that this work
takes place in many states. .
Councilwoman Jorgenson asked the hours when the equipment repair
would be done. She stated that one of her primary concerns is the
amount of noise this facility would generate and carry into the
single family neighborhoods.
Mr. Johnson stated that they have a fleet valued at about two
million dollars and a staff of four full-time mechanics. He stated
that their wood
noise generator,
the noise at this
less noise than
neighborhood.
waste recycling activities would be the primary
and that is done at another site. He stated that
facility would be very minimal and would generate
a typical residential tree service working in a
Councilman Billings felt that this rezoning was not contrary to the
goals and objectives that Council had in mind when the M-3 zoning
district.was established. He stated that he is, however, concerned
with the lack of a hard surface. He felt that if a hard surface
was not provided, perhaps a liner could be placed beneath the
gravel. He asked Mr. Johnson if this was a possibility.
Mr. Johnson stated that their facility would have a substantial
portion of paved parking, and the gravel area would be used for
unloading equipment and moving it into the shop area. He stated
that they have not really addressed the cost for a liner but felt
it would be a substantial expense for a very low risk. He stated
that their company is very concerned about the environment and has
staff that addresses these issues.
Councilman Billings felt that this may be an issue which Ceres
would want to research.
Councilwoman Jorgenson stated tha� this facility would be upstream
of the Mississippi River so contamination is a concern.
FRIDLEY CITY COIINCIL MEETING OF DECEMBER 5, 1994 PAGE 5
Mr. Johnson stated that if there is a spill on a hard surface it
would flow much faster and have a greater impact, if it is trans-
ferred with the storm water. He stated that they would have a
fleet of only thirty vehicles at any given time at this location,
so the exposure from employees' cars parked on a hard surface would
be greater than the equipment parked on a gravel surface. He
stated that he is personally comfortable with the environmental
soundness of their proposal for this site. He stated that the risk
is very minimal, and no more than a vehicle being parked on a
residential street.
Mayor Nee asked if their use of this property would be similar to
the City's garage site.
Mr. Johnson stated that he is familiar with the City's garage site.
Their use would be similar but on a smaller scale.
Mr. Johnson stated that what makes this property unique to their
needs is the nearness to downtown Minneapolis. He stated that the
estimated cost for the building is between $400,000 to $500,000.
The company is at a growth stage and wants to attract and maintain
high quality professional employees. He stated that the amount of
acreage on this site is more than adequate for their needs.
Mr. Ryden, the realtor representing Trillium Corporation, presented
a photograph showing the distance of the site from the residential
area and the truck route to the freeway. He stated that this site
does not lend itself well to a higher use, as the property is long
and narrow. He stated that there have not been a lot of interested
parties in purchasing the property and felt this was a nice oppor-
tunity fbr tax revenue. He stated that they are aggressively
marketing the site at a very competitive price. He stated that the
site is hidden from residential and commercial uses, so he did not
feel it would cause a problem with businesses or residences.
No other persons in the audience spoke regarding this rezoning
request.
MOTION by Councilman Schneider to close the public hearing.
Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously and the
public hearing closed at 9:25 p.m.
1. PUBLIC HEARTNG ON REZONING RE4UEST. ZOA #94-05, BY BRUCE
MOSEMAN OF SUPREME TOOL INC TO REZONE FROM C-2, GENERAL
BUSINESS, TO M-1 LIGHT INDUSTRIAL, TO ALLOW_CONSTRUCTION OF
A MANUFACTURING FACILITY. GENERALLY LOCATED NORTH OF
7597 HIGHWAY 65 (WARD 2):
MOTION by Councilman Schneider 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 Nee
FRIDLEY CITY COtJNCIL MSBTING OF DSCBMBER 5, 1994 PAGE 6
declared the motion carried unanimously and the public hearing
opened at 9:26 p.m.
Mr. Hickok, Planning Coordinator, stated that this is a request to
rezoning property at 7597 Highway 65 from C-2 to M-l. He stated
that the M-1 zoning is compatible with the adjacent zoning and
uses, and the plan meets or exceeds requirements of the M-1 zoning
district. He stated that the rezoning would allow for construction
of a manufacturing facility.
Mr. Hickok stated that the Planning Commission recommended approval
of the rezoning with two stipulations regarding a landscaping plan
and drainage and grading. He stated that staff concurs with the
recommendation of the Planning Commission for approval of this
rezoning request.
No persons spoke regarding this rezoning request.
MOTION by Councilman Schneider to close the public hearing.
Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously and the
public hearing closed at 9:29 p.m.
NEW BUSINESS•
3. FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY
CODE. CHAPTER 603, ENTITLED "INTOXICATING LIOUOR" BY AMENDING
SECTION 603.10•
Mr. Sallman, Public Safety Director, stated that staff is recom-
mending an amendment to Chapter 603. He stated that the intent of
the amendment is to prevent licensed liquor establishments from
conducting juvenile events. He stated that the language proposed
in Section 20 would prohibit events exclusively for children. He
said that state law prohibits cities from restricting such events
for persons eighteen to twenty years of age. He stated that the
language in Section 21 would allow persons under age eighteen to
enter a licensed liquor establishment for the purpose of eating
meals or working, and it also provides some exceptions at bowling
centers. He stated that the City has the authority to restrict
anyone under age eighteen from entering a licensed liquor esta-
blishment for any reason.
Mr. Sallman stated that the purpose of the proposed amendments is
to limit problems such as fights, shootings, vandalism, drugs, and
gang problems that have been associated with any establishment in
the area which has allowed these types of events.
MOTION by Councilman Schneider to waive the reading and approve the
ordinance on first reading. Seconded by Councilwoman Jorgenson.
Upon a voice vote, all voting aye, Mayor Nee declared the motion
carried unanimously.
FRIDLEY CITY COIINCIL MEETING OF DECEMBER 5, 1994 PAGB 7
4. FIRST READING OF AN ORDINANCE UNDER SECTION 12.07 OF THE CITY
CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C
OF THE CITY CODE (VACATION RE4UEST, SAV #94-03, BY MEARLIN
NORDSTROM, (WARD 1):
MoTION by Councilman Billings to waive the reading and approve the
ordinance on first reading with the following stipulations: (1)
a 12 foot drainage and utility easement shall be dedicated along
the inside of the west and north property lines; and (2) the garage
expansion shall comply with the code requirements or a variance
obtained. Seconded by Councilwoman Jorgenson. Upon a voice vote,
all voting aye, Mayor Nee declared the motion carried unanimously.
5. FIRST READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE
CITY OF FRIDLEY MINNESOTA BY MAKING A CHANGE IN ZONING
DISTRICTS (REZONING REQUEST ZOA #94-03, BY DAVID STEWART AND
ROBERT GILSTAD) {WARD 2):
Mr. Hickok, Planning Coordinator, stated that this is a request to
rezone property from C-1 to R-1 located west of 5720 Polk Street
and south of 930 Hackmann Avenue. He stated that this rezoning is
also associated with other requests for a lot split, special use
permit, and variances. He stated that the purpose of the rezoning
is to allow for expansion of the parking lot at the Moore Lake
apartment complex on a portion of a City-owned parcel at 5720 Polk
Street. He stated that the petitioner has negotiated with the
owner of the property along the south property line to obtain an
easement for snow storage. He stated that this rezoning would be
compatible with adjacent uses and zoning, and it meets the district
requirements.
Mr. Hickok stated that no stipulations are recommended in conjunc-
tion with this rezoning request.
MOTION by Councilman Schneider to waive the readir�g and approve the
ordinance on first reading. Seconded by Councilwoman Bolkcom.
Upon a voice vote, all voting aye, Mayor Nee declared the motion
carried unanimously.
6. FIRST READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE
CITY OF FRIDLEY MINNESOTA BY MAKING A CHANGE IN ZONING
DISTRICTS (REZONING REOUEST, ZOA #94-05, BY BRUCE MOSEMAN OF
SUPREME TOOL, INC.,) (WARD 2):
MOTION by Councilman Schneider to waive the reading and approve the
ordinance on first reading with the following stipulations: (1)
the petitioner shall submit a landscape plan complying with the
district requirements prior to issuance of a building permit; and
(2) the petitioner shall comply with the comments in Scott
Erickson's memorandum dated October 17, 1994 prior to issuance of
a building permit. Seconded by Councilman Billings. Upon a voice
vote, a2Z voting aye, Mayor Nee declared the motion carried
unanimously.
FRIDLEY CSTY COIINCIL MEETING OF DECBI�BBR 5. 1994 PAGE 8
7. RECEIVE AN ITEM FROM THE PLANNING COMMISSION MEETING OF
OCTOBER 19, 1994:
A. RESOLUTION NO. 98-1994 APPROVING A SUBDIVISION. LOT SPLIT,
L.S. #94-06, TO SPLIT PROPERTY INTO TWO SEPARATE PARCELS.
GENERALLY LOCATED AT 5720 POLK STREET N.E. (BY DAVID STEWART)
{Ward 2)•
Mr. Hickok, Planning Coordinator, stated that this lot split would
split off a 35 foot by 140 foot parcel adjacent to the Moore Lake
apartment complex to be utilized for parking expansion. He stated
that this would create an additional fifteen parking stalls and
still leave a single family residential site.
Mr. Hickok stated that the Planning Commission recommended approval
of the lot split with three stipulations. He stated that this lot
split is part of the process, along with the rezoning, special use
permit, and variance requests, to provide additional parking at the
Moore Lake apartment complex.
Councilwoman Jorgenson stated that there is a difference in eleva-
tion between the Branco property owned by the City and the apart-
ment complex property, and she understood there wouid be some
excavation so both properties are at the same elevation.
Mr. Stewart, the petitioner, stated that there would be excavation
so that both properties are at the same level. He stated that a
fence would also be erected to screen the Gilstad property.
Councilwoman Jorgenson stated that the drop in elevation on the
Gilstad property is significantly greater than on the Branco
property. She asked if the fill excavated from the Branco property
would be used to fill the Gilstad property.
Mr. Stewart stated that the intent is to take the fill that was
excavated and move it to the Gilstad easement, slope it, and
reconstruct the fence. He stated that the fence should be at or
about the same height as the existing fence.
Councilwoman Jorgenson asked what would keep the filled material
from eroding on to the Gilstad property.
Mr. Hickok stated that the City would require seeding as a minimal
ground cover to control erosion.
Councilman Schneider stated that when the special use permit is
considered it may make sense to add a stipulation regarding
erosion.
Councilwoman Jorgenson stated that her concern is that erosion may
cause damage to the fence.
MOTION by Councilman Schneider to adopt Resolution No. 98-1994,
with the following three stipu2a�tions attached as Exhibit A: (1)
FRIDLEY CITY COONCIL MBETING OF DECEMBER 5. 1994 PAG$ 9
the 35 foot by 140 foot parcel adjacent to the Moore Lake Apartment
complex shall be utilized for the parking expansion indicated on
the site plan and shall be landscaped/screened accordinq to Section
205.07.O1.C.(7); (2) the new 35 foot by 140 foot parcel shall be
consolidated with the Moore Lake Apartment site as one tax parcel;
and (3) Special Use Permit, SP #94-16 and Variance Request, VAR
#94-26 shall be approved. Seconded by Councilwoman Bolkcom.
Councilman Billinqs stated that a variance is needed��Min conjunctiot�.••
with this lot split, and he has a problem with the City creating
a lot that would require variances. He questioned if the addi-
tional fifteen parking spaces would solve the parking problem at
this apartment complex or only a portion of the problem.
Councilman Schneider stated that it would only solve a portion of
the probZem, but this is moving in the right direction.
Councilman Billings stated that the City owns the Branco property
and is splitting off a portion of this lot for the parking
expansion. He questioned why the entire lot could not be sold to
create additional parking.
Councilwoman Jorgenson stated that because of the street widening
project several years ago, the lot line was moved to the west on
this particular property. She stated that the variance being
requested is due in part to the street project. She stated that
during the time of this project there was discussion among
residents on Polk Street and Lynde Drive if the Branco property
should be acquired and demolished. She stated that the residents
wanted to make sure it remained as a residential home rather than
turned into a�parking lot. She felt that it is a question of
trying to maintain the residential character of the neighborhood.
Councilman Schneider stated that he shares Councilman Billings'
concerns, but short of changing the street patterns or removing the
Union 76 gas station, this solution to solve some of the parking
problems is certainly a compromise proposal with a minimal impact
to the neighborhood.
Mr. Hickok stated that there is some vegetation and mature trees
on the Branco property that enhance the residential character of
the neighborhood. This was taken into consideration in the
analysis of a solution to the parking problem.
Councilman Billings asked the front footage of the remaining
portion of this lot.
Mr. Hickok stated that it would be 77 feet, and the code requires
75 feet.
Councilman Billings stated that the fence between this lot and the
property to the north encroaches on the property by a half foot.
FRIDLEY CITY COIINCIL MEETING OF DECEMBER 5, 1994 PAGE 10
He questioned if there would be a request to split off the other
half foot.
Councilwoman Jorgenson stated that her home is to the north of this
property, and the fence was constructed where she and the Branco's
believed was the proper setback to the lot line. She stated that
Mrs. Branco has submitted a letter stating the fenced was placed,
to the best knowledge of both parties, where they believed was the
proper setback. She stated that they would not be applying for a
variance.
Councilman Billings stated that at some po�nt in the future, the
City may be selling this property. He questioned if it would be
sold subject to the fence being there if a portion is split off in
order to give clear title. He also questioned if there is suffi-
cient property available for this to be a buildable lot.
Mr. Herrick, City Attorney, stated that there are a number of ways
to handle this issue. The easiest would be a disclosure to the
buyer on the encroachment and an agreement between the potential
buyer and the property owner to the north.
Mayor Nee stated that the fence belongs to the property on which
it is located which is presently owned by the City.
Mr. Hickok stated that if this lot split is approved the buildable
lot would contain 10,795 square feet, and the code requires a
minimum lot size of 9,000 square feet.
UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, Councilman Schneider,
Councilwoman Bolkcom, Councilwoman Jorgenson, and Mayor Nee voted
in favor of the motion. Councilman Billings voted against the
motion. Mayor Nee declared the motion carried by a four to one
vote.
B. SPECIAL USE PERMIT REOUEST, SP #94-16, BY DAVID STEWART, TO
ALLOW AUTOMOBILE PARKING FOR ADJACENT USES GENERALLY LOCATED
AT 5720 POLK STREET N.E. (WARD 2):
MOTION by Councilman Schneider to grant Special Use Permit Request,
SP #94-16, with the following stipulations: (1) Variance Request,
VAR #94-26 and Lot Split Request, L.S. #94-06, shall be approved;
(2) a new six foot screening fence shall be constructed on the
northern edge of thE easement across the Gilstad property; (3) the
petitioner shall install landscaping along the street as indicated
on the plan developed by staff including the following elements:
(a) 2, Nanking Cherry; (b) 6, Maney Juniper; (c) 8, Isanti Dogwood;
(d) 14, "Miss" Kim Lilac; (e) weed barrier; (f) three inch rock
mulch; and (g) vinyl edging; (4) the parking lot perimeter, except
for the area next to the retaining wall, shall be lined with six
inch concrete curbing in accordance �aith the Fridley Engineering
Department's specifications; {5) the petitioner shall install a six
FRIDLEY CITY COIINCIL MEETING OF DECEMBER 5. 1994 PAGE 11
foot high board on board screening fence constructed of treated
wood parallel to and two feet from the north property line. The
fence height shall be reduced to four feet at a point 35 feet from
the Polk Street lot line. Engleman ivy shall be planted two feet
on center on the north side of the fence; and (6j an erosion plan
for the property shall be implemented as per the City Engineer's
specifications. Seconded by Councilwoman Bolkcom. Upon a voice
vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
8. RECEIVE AN ITEM FROM THE APPEALS COMMISSION MEETING OF
OCTOBER 11, 1994:
A. VARIANCE RE4UEST, VAR #94-26, BY DAVID STEWART. TO REDUCE THE
SETBACK OF A PARKING LOT FROM THE PUBLTC RIGHT-OF-WAY FROM
35 FEET TO 20 FEET AND TO REDUCE THE SETBACR OF A PARKING LOT
FROM THE WEST AND NORTH LOT LINES FROM 10 FEET TO 0 FEET AND
5 FEET. GENERALLY LOCATED AT 5720 POLK STREET N.E. (WARD 2):
Mr. Hickok, Planning Coordinator, stated that this variance request
is to reduce the parking setback from the public right-of-way from
35 feet to 20 feet and to reduce the setback for a parking lot from
the property lines from 10 feet to 0 feet and 5 feet. He stated
that the variance is requested in conjunction with the expansion
of the parking lot at the Moore Lake apartment complex.
Mr. Hickok stated that the Appeals Commission has recommended
approval of these variances with three stipuZations and staff
concurs.
MOTION by Councilman Schneider to concur with the recommendation
of the Appeals Commission and grant Variance Request, VAR #94-26,
with the following stipulations: (1) the petitioner sha].1 install
landscaping along the street as indicated on the plan developed by
staff including the following elements: (a) 2, Nankin+g Cherry; (b)
6, Maney Juniper; (c) 8, Isanti Dogwood; (d) 14, "Miss" Kim Lilac;
(e) weed barrier; (f) three inch rock mulch; and (g) vinyl edging;
(2) the parking lot perimeter, except for the area next to the
retaining wa1Z, shall be lined with six inch concrete curbing in
accordance with Fridley Engineering specifications; and (3) the
petitioner shall install a six foot high board-on-board screening
fence constructed of treated wood parallel to and two feet from
the north property line. The fence height shall be reduced to four
feet at a point 35 feet from the Polk Street lot line. Engleman
Ivy shail be planted two feet on center on the north side of the
fence. Seconded by Councilwoman Bolkcom. Upon a voice vote,
Councilman Schneider, Councilwoman Bolkcom, Councilwoman Jorgenson,
and Mayor Nee voted in Favor of the motion. Councilman Billings
voted against the motion. Mayor Nee declared the motion carried
by a four to one vote.
Councilman Schneider asked Mr. Stewart when he believed the
expansion would be completed.
FRIDLEY CITY COIINCIL MEETING OF DECEMBER 5, 1994 PAGE 12
Mr. Stewart stated that they probably would not start until spring,
as he did not know when they can acquire the property.
Councilwoman Jorgenson stated that the management of the Moore Lake
apartments has been wonderful with the enforcement of the parking.
She stated that one concern of residents is that they would like
the on-street parking removed.
Mr. Stewart stated that he would like to request that Council
extend their parking privileges through the winter months until
they can construct the parking lot. He stated that it is the
process which they must go throuqh which has caused some delays.
Mr. Burns, City Manager, stated that Council may want a report from
the Public Works and Police Departments to deternaine if there have
been any problems with the an-street parking.
9. ESTABLISH A PUBLIC HEARING FOR JANUARY 9 1995 TO CONSIDER
THE FIRST READING OF AN ORDIAtANCE UNDER SECTION 12.06 OF THE
FRIDLEY CITY CHARTER DECLARING CERTAIN REAL ESTATE TO BE
SURPLUS AND AUTHORIZING THE SALE THEREOF:
MOTION by Councilman Schneider to set the public hearing on this
item for January 9, 1995. Seconded by Couneilwoman Bolkcom. Upon
a voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
Councilman Billings pointed out that it would probably be the
middle of March before this process is completed, so no action
could be taken by the owner of the Moore Lake apartments until this
is completed.
10. AWARD 1995 CORRIDOR MAINTENANCE CONTRACT PROJECT NO. 275:
Mr. Burns, City Manager, stated that the City has been pleased with
the contractor for the corridor maintenance project, and staff
recommends the extension of this contract for 1995. He stated that
the contractor has agreed to the same amount as the 1994 bid with
the addition of a 6.5 percent sales tax.
MOTION by Councilman Schneider to authorize the Mayor and City
Manager to enter into a contract with Innovative Irrigation for
the 1995 Corridor Maintenance Contract, Project No. 275, in the
amount of $13,444 pius 6.5 percent sales tax. Seconded by
Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously.
11. RESOLUTION NO. 99-1994 AUTHORIZING SUBMISSION OF THE GRANT
APPLICATION AND EXECUTION OF THE GRANT AGREEMENT - VIOLENT
CRIME CONTROL AND ENFORCEMENT ACT OF 1994:.
Mr. Sallman, Public Safety Di�ector, stated that as part of the
1994 Violent Crime Control and Enforcement Act, funding has been
FRIDLEY CITY COIINCIL MEBTING OF DECEMBER 5. 1994 PAG$ 13
provided for additional police officers. He stated tha� this
resolution authorizes the City to apply for the funds, and he and
the City Manager to act on behalf of the City in applyinq for this
grant. He stated that the cost to the City, if the grant funds are
received, is $159,531 over a three year period, assuming the
requested grant of $225,000 is approved.
MOTION by Councilman Schneider to adopt Resolution No. 99-1994.
Seconded by Councilwoman Jorgenson.
Cauncilman Schneider stated that there were several speakers from
the U.S. Justice Department at the League of Cities Conference who
stated that every city that applies would receive some funding.
UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and
Mayor Nee declared the motion carried unanimously.
12. INFORMAL STATUS REPORTS:
Mr. Burns, City Manager, stated that Council met earlier this
evening with the Housing and Redevelopment Authority to discuss
development of the southwest quadrant and will reconvene their
meeting with the Housing and Redevelopment Authority after this
meeting to discuss the potential scope of_this project.
13. CLAIMS•
MOTION by Councilman Schneider to authorize payment of Claim Nos.
59032 through 59200. Seconded by Cauncilwoman Jorgenson. Upon a
voice vote, a1Z voting aye, Mayor Nee declared the motion carried
unanimously.
14. LICENSES•
MOTION by Councilman Billings to approve the licenses as submitted
and as on file in the License Clerk's Office. Seconded by Council-
man Schneider. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
15. ESTIMATES• '
MOTION by Councilwoman Bolkcom to approve the estimates as
submitted:
NewMech Companies, Inc.
1633 Eustis Street
St. Paul, MN 55108
Locke Park Filter Plant Refurbishment
Project No. 240
FINAL ESTIMATE . . . . . . . . . . . . . . . $ 21,123.17
FRIDLEY CITY COONCIL MEETING OF DECEMHER 5. 1994 PAGE_14
Karlen Construction
901 125th Avenue N.E.
Blaine, M�T 55434
Commans Park Shelter
Project No. 267
FINAI, ESTIMATE . . . . . . . . . . . . . . . $ 1,252.38
Lunda Construction Company
P.O. Box 228
Little Chute, WI 54140
Locke Lake Dam Restoration
Project No. 211
Estimate No. 5 . . . . . . . . . . . . . . . $300,096.02
F.I. Jedli�cki
14203 West 62nd Street
Eden Prairie, MN 55346
Clover Pond/52nd Avenue Floodway
Project No. 222
Estimate No. 2 . . . . . . . . . . . . . . . $ 2, 295. 00
Seconded by Councilman Schneider. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
ADJOURNMENT•
MOTION by Councilman Billings to adjourn the meeting. Seconded by
Councilman Schneider. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously and the Regular Meeting
of the Fridley City Council of December 5, 1994 adjourned at
10:15 p.m.
Respectfully submitted,
Carole Haddad William J. Nee
Secretary to the City Council Mayor
.�
� �
THE MINIITES OF THE SPECIAL MEETING OF THE FRIDLEY CITY COUNCIL OF
DECEMBER 7, 1994
The Special Meeting of the Fridley City Council was called to order
by Mayor Nee at 7:30 p.m.
PLEDGE OF ALLEGIANCE:
Mayor Nee led the Council and audience in the Pledge of Allegiance
to the Flag.
ROLL CALL•
MEMBERS PRESENT: Mayor Nee, Councilwoman Jorgenson, Councilman
Billings, Councilman Schneider, and Council-
woman Bolkcom
MEMBERS ABSENT: None
ADOPTION OF AGENDA:
MOTION by Councilman Schneider to adopt the agenda as submitted.
Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
OPEN FORUM, VISITORS:
There was no response from the audience under this item of
business.
PUBLIC HEARINGS:
1. PUBL'IC HEARING ON ADOPTION OF THE 1995 CITY OF FRIDLEY BUDGET:
AND
PUBLIC HEARING TO LEVY A TAX WHICH APPEARS TO BE IN EXCESS OF
16 MILLS•
MOTION by Councilman Schneider to waive the reading of the public
hearing notice and open the public hearings. Seconded by Council-
woman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously and the public hearings
opened at 7:34 p.m.
Mayor Nee stated that the first part of this hearing would be the
presentation of the budget by the City Manager, Mr. Burns. He
stated that the other part of the hearing would be to levy a tax
which appears to be in excess of sixteen mills. Mayor Nee stated
that after the budget presentation Council would hear comments from
the public.
Mr. Burns, City Manager, began by explaining the context in which
the budget was prepared. He said that the State is sunsetting the
� L
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 7. 1994 PAGE_2
local government trust fund in 1996, and with all the changes in
local government funding, the impact on Fridley will be a slight
increase of about 1-1/2 percent from 1994. He stated that another
part of the budget contained Council's goal setting which
emphasizes housing, crime, community image, and neighborhood spirit
and pri.de .
Mr. Burns stated that in keeping with Council's goals, the depart-
mental priorities for Community Development are scattered site
housinq, new rehabilitation loan programs, multifamily projec�s,
new ordinances regarding home occupations, point-of-sale inspec-
tions, and an annual certificate of occupancy program. He stated
that Police Department goals emphasize crime prevention by using
ten police officers to conduct Neighborhood Crime Watch meetings,
surveying residents regarding fear of victimization, community
education and youth safety camps, expansion o€ the D.A.R.E. program
to the eighth grade level, the use of one of three new officers as
a youth resource officer in the schools, continuation of the youth
outreach worker program, and a uniform curfew program.
Mr. Burns stated that another issue discussed in the budget work
sessions related to employee salaries and benefits, tuition reim-
bursement cap, and the upgrading of the GIS Technician position to
full-time. He stated that a number of revenue issues were raised
including a transfer from the Liquor Fund, a water and sewer rate
increase, and the use of reserves for housing and to balance the
General Fund. He stated that a number of non-budget related issues
were discussed at the work sessions relating to the acceptance of
credit cards for payment of City services, increased expenditures
for Public Works equipment, and a City-wide cleanup day.
Mr. Burns said that the proposed 1995 budget of $11,879,784
represents a 3.7 percent increase from the 1994 budget for all
funds. He stated that the General Fund of $9.9 million increased
6.2 percent, with personal services accounting for $7.1 million or
a 3.9 percent increase to cover salary and benefit increases, an
additional Youth Outreach Worker, rental inspection personnel, and
filling the Planning Coordinator positi.on. He stated that supplies
increased by 3 percent, and other services and charges increased
by 7 percent. Mr. Burns stated that the Capital Outlay Budget
increased by 9.1 percent to cover the cost of a dump truck, snow-
blower, pick-up, and pothole patcher, as well as four patrol cars.
Mr. Burns stated that Special Revenue Funds increased from $519,000
in 1994 to $817,000 in 1995. He stated that these funds include
cable television, grant management, and solid waste abatement. He
stated that the housing rehabilitation fund was created and
accounts for $250,000 of the increase in Special Revenue Fund
expenditures.
Mr. Burns stated that the Capital Project Fund budget for 1995 has
decreased from $1,110,000 in 1995 to $1,600,000 in 1994. He stated
..
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 7, 1994 PAGE 3
that some of these projects include re-carpeting the lower level
of the Municipal Center, improvements at the City garage, concrete
aprons in front of the Fire Department, and an optical disk system
for record storage. He stated that the street projects include
$500,000 for neighborhood street reconstruction, $140,000 for
sealcoating, $90,000 for street overlays, and $36,000 for emer-
gency signal preemption equipment. He stated that the park
projects include funds for safety improvements at ball fields,
parking lot overlays, ADA improvements, a Commons Park press box,
court resurfacing, and replacing the gate and sign at Springbrook
Nature Center.
Mr. Burns stated that there are a number of funds that produce a
charge for services or products, and these are the Enterprise Funds
which include the Water, Sewer, Storm Water, and Liquor Funds. He
stated that this increase is due mainly to the large increase in
sewage disposal costs. He stated that there are a number of
capital improvements to be funded from the Capital Improvements
Fund which include $180,000 for the water system, $163,000 for the
sewer system and $164,000 for storm water projects. We are also
encumbering funds for several storm water projects not completed
in 1994.
Mr. Burns stated that the 1995 proposed property tax levy is
maintained at 1991 levels for the fifth consecutive year and
$1.2 million in reserves has been budgeted. He stated that the
amount certified is 1.6 percent higher than the 1994 certified
levy. He stated that this is a result of the fiscal disparities
levy distribution. He stated that other variables impact the tax
bill which include commercial and industrial tax challenges,
appreciation of property values that have increased about 4
percent, and increases proposed by other taxing jurisdictions;
Mr. Burns stated that the value on an average home in Fridley of
$75,000 would increase to $76,800 in 1995 or a 2.4. percent
increase. He stated that this would increase the City's portion
of the property owners tax bill tax by $6.00. He stated that the
percentage of the total tax dollar the City receives is a little
less than 13 percent. He stated that the schools receive about 57
percent, the County about 26 percent, and other taxing
jurisdictions about 4 percent. Mr. Burns stated that about 55
percent of the tax base is from residential proper-ties, with
commercial and industrial properties accounting for about 32
percent, and apartments about 10 percent.
Mr. Burns stated that every year the City looks at internal and
external indicators in determining the City's financial health.
He stated that the fund balances have been growing at a fairly
strong rate but would decline about $3 million by the end of this
year. He stated that from 1990 through 1992, the external revenues
exceeded the General Fund expenditures. He stated that in 1993,
the City used about $20,000 from reserves and will use as much as
FRIDLEY CITY COIINCIL MEETING OF DECEMBER 7. 1994 PAGE 4
$713,000 in 1994. He stated that the 1995 budget reflects $1.2
million to be used from reserves.
Mr. Burns stated that due to program changes, there will be a
little more spent in 1995 because of the major emphasis on crime
and housing, resulting in the hiring of a Youth Outreach Worker and
rental housing inspectors.
Mr. Burns stated that while unemployment is down, the number of
jobs available in Fridley has decreased. He stated that the job
loss is in the retail sector, and retail sales continue to decline.
He stated that unfortunately the data received from the State do
not reflect the new Wal-Mart store. He stated that the number of
people employed in manufacturing rose by 3.7 �5ercent. He stated
that the impact of the recession appears to be over, and the
economic indicators were better this year.
Mr. Burns stated that property values increased by 1.5 percent, and
crime rates increased by 5.9 percent. He stated that the more
serious crimes have decreased by 6.2 percent, but the less serious
crimes have increased by 13.1 percent. He stated that the nuYnber
of people receiving Aid for Dependent Children and food stamps has
increased by 2.4 percent, and the number of students receiuing free
or assisted meals in School District No. 14 has increased 5.2
percent.
Mr. Burns stated that the 1995 budget was prepared in the context
of continued concern about urban blight, and the goals and
objectives reflected Council's priorities of c�ime reduction and
housing. He stated that the budget also reflects the need to
correct conditions of water and sewer funds. He stated that the
growing demand for services has been accompanied by an improved
economy but not enough to significantly increase revenues.•
Mr. Burns stated that as the City moves forward, the use of fund
balances needs to be addressed. He stated that in the area of
housing, Council may want to consider alternatives to using the
General Fund and other fund balances. He stated that it may be
prudent to use Housing and Redevelopment Authority (HRA) balances
first. Fie also suggested that the HRA and Counc.il enact a small
levy to help offset the cost of housing programs. Mr. Burns stated
that another option is to approach the legislature for special
legislation that would enable the HRA to capture value from housing
improvements and to use reserves as collateral against bonded
indebtedness. He stated that as the City spends down some of the
fund balances, spending priorities should be established so there
is enough interest generated to offset the need for an additional
levy.
Mayor Nee opened the discussion to the public on these two public
hearing items.
,r �j
FRIDLEY CITY COIINCIL MEETING OF DECEMSER 7, 1994 PAGE 5
Mr. Peter Eisenzimmer, 6535 Oakley Drive, stated that he can
understand the sewer and water rate increase, but he questioned who
makes the decision on the hourly wages for the employees.
Mr. Burns stated that the City negotiates contracts with several
bargaining unions. He stated that, generally, Council sets the
guidelines for the increase, and it has been about three percent
over the last several years.
Mr. Eisenzimmer stated that he only received a 2.6 percent increase
in his social security, and this does not include any benefits.
He stated that recycling has increased. When all these increases
are taken into consideration, senior citizens cannot afford it.
He stat�d that he attended the School Board meeting last evening,
and the taxes just keep going up to keep the schools running. He
stated that the increase in taxes is forcing him to move out of
this district. Mr. Eisenzimmer stated that in 1980, his taxes were
about $300, and today they are over $1,000. He stated that it is
quite an increase and, even with the changing times, he felt there
could be cutbacks. He stated that the City does not need all the
parks that cost a lot to maintain with the equipment and personnel.
Mr. Eisenzimmer stated that Council was elected to keep taxes down
but each year they increase. He felt that Council should try to
keep the senior citizens in the community rather than taxing them
out of their homes.
Mayor Nee asked Mr. Eisenzimmer the amount of the City's portion
of his tax increase.
Mr. Eisenzimmer stated that it increased $6.00, but he is looking
at the total tax bill. He stated that the school taxes were
somewhat higher with almost two-thirds of his taxes going to the
schools.
Councilwoman Jorgenson stated that the City only has control over
the City's portion of the taxes.
Mr. Eisenzimmer asked if the City had control over the School
Board.
Councilman Schneider stated that Council has no power over the
School Board, but he does try to work with them on j oint activities
to save money.
Mayor Nee stated that he is sympathetic to the problem, as he
shares some of the same concerns.
Mr. Eisenzimmer stated that the cable television fund increased
$4,000 this year.
�` �
FRSDLEY CITY COIINCIL MEETING OF DECEMBER 7. 1994 PAGE__6
Mayor Nee stated that money comes from the cable television system
and it really is not, in a sense, taxpayer dollars unless you are
a cable subscriber.
Mr. Eisenzimmer stated that he understands the City is using some
reserves for this tax increase.
Councilman Schneider stated that the reserve fund earns interest,.
and this interest is used to cover the costs of operating the City.
He stated that Council would be using the interest to balance this
budget. He stated the City Manager has cautioned that if this is
done too often there will not be any interest earnings.
Councilman Schneider stated that the City is also required to abide
by certain government mandates for which funding is not provided.
He stated that these mandates lead to additional expenses for the
City. He stated that one thing that Mr. Eisenzimmer may want to
do is contact his representatives in Congress and the legislature,
if he feels local government should be able to make the decisions
on where money is spent. He stated that Congress is in the process
of looking at these issues.
Mr. Eisenzimmer stated that he contacted both his federal and state
representatives.
Mr. Eisenzimmer asked if the schools still bus students from other
communities.
Councilwoman Jorgenson stated that open enrollment is still in
force, but if students attend Fridley schools they have to provide
their own transportation.
Mr. Eisenzimmer said he is disappointed that the residents are not
attending these budget meetings. He stated that when he is the
only one that speaks on taxes it is pretty sad. He thanked Council
for their time.
Mayor Nee stated that Council would consider the 1995 budget at
their regular meeting on December 19, 1994.
MOTION by Councilman Schneider to close the public hearings.
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously and the
public hearings closed at 8:20 p.m.
ADJOURNMENT•
MOTION by Councilman 5chneider to adjourn the meeting. Seconded
by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously and the Special Meeting
of the Fridley City Council of December 7, 1994 adjourned at
8:2o a.m.
Respectfully submitted,
Carole Haddad William J. Nee
Secretary to the City Council Mayor
TO: WILLIAM W. BURNS, CITY MANAGER�'��
FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR "
SUBJECT: RESOLUTION ADOPTING A BUDGET FOR THE FISCAL YEAR
1995
DATE: December 15, 1994
As required by Section 7.05 of the City Charter, the attached Budget Resolution provides
for the adoption of the 1995 City of Fridley Budget
Please present the resolution to Council on December 19, 1994 for their approval.
RDP/me
Attachment
RESOLUTION NO. - 1994
A RESOLUTlON ADOPTING A BUDGET
FOR THE FISCAL YEAR 1995
WHEREAS, Ctupter 7, Secaon 7.04 of tl�e Gty Charter provides that the City Manager shall prepare an
annual budget; and
WHEREAS, the �ity Manager has prep�ed such dax�r�t and the City CounG'1 has met several times
for the purpose of discussing tfie budget; and
WHEREAS, Chapter 275, Section 065 of Minnesota Statutes sequir� that the Ciiy shap hold a pubtic
hearing to adopt a budget; and
WHEREAS, the City Council has hetd a public hearing and has concluded the budget as prepared is
appropriate;
NOW THEREFORE, BE IT RESOLVED that the foqowing budget be adopted and approved:
GENERAL FUND
Taxes and Special Assessmerrts:
Current Ad Valorem
Delin�uent, Penafties,
Forfeited
s��i aS���
Licenses and Permits:
�icen,ses
Permits
Intergovernmental:
Federal ,
State -
Homestead and Agricultu�e
Credit Aid
Local Govemmerrt Aid
AI1 Other
Cha�ges for Services
Housing and Redevelopment Authority
Water Fund
Sewet Fund
Storm Water Fund
Liquor Fund
Cable TV Fund
Construction Funds
Fines and Forfeits
interest on tnvestments
Miscellaneous Revenues
Other Financing Sources:
Employee Benefit Fund
Closed Debt Service Fund
Liquor Fund
TOTAL REVENUES ANO OTHER
FINANCING SOUFiCES
Fund Balance:
General Fund Reserve
TOTAL GENERAL FUND
ESTIMATED
ftEYENUE
$3.489.60t
75,104
2,444
t 48,452
277.486
4,562
1.067.981
1.584,149
452,061
261,064
179.607
128,951
93,580
29,838
67,359
20,445
32,063
221,867
515,000
85,454
50,000
266.526
75,000
9.128,594
82Q,753
$9._949.347
1A
Legislative:
City Council
Planning Gommissions
Other Commissions
City ManagemeM:
General Managemerrt
Personnel
Lega�
Finance:
Ele�ions
Accounting
Assessing
MIS
City Cle�tds
Police:
Police
Civil Defense
Fre
Public Works:
Munic+pat Cente�
Technical Engineering
Traffic E�gineering
Street laghting
Pubtic Works Maintenance
Rec�eation:
Recreation
Naturalist
Commun'ity Development:
Buildi�g Ir�.spection
Planning
Resen�e:
Emergency
Norxiepartmerrtal
APPROPRIATIONS
$100,328
3,461
s,s»
309,895
97,592
220,000
0
517,454
142,280
159,355
104.709
3,152,714
9,634
788�638
187,319
493,882
202,700
645,541
1, t 87,576
582,885
255,213
181,455
3� 7,422
t 85,000
97.677
59.949.347
SPECIAL REVENUE FUNOS
Cable 1V Fund
Grant Management Fund
Solid Waste Abateme�t Fund
Housing Revitalization Fund
Fund Balance
TOTAL SPECIAL REYENUE FUNDS
CAPITAL PROJEC7S FUI+�S
Capital Improvemeat Fund
Taxes — Current Ad 1/alorem
Interest on investrnents
Donations
State Aid Construction
Fund Salance
TOTAL CAPITAL PRO.�CTS FUNOS
AGENCY FUND
Six Cities Watershed €und
Taxes — Current Ad Yalorem
TOTAL AGENCY FUN�
ass,, ea
208,201
231.754
250,000
28,294
5817.437
$85�550
341,204
10,000
650,000
22,746
51.109.500
53�500
53.500
General Ga�tal Improvement
Stree�s Capital ImprovemeM
Parks Capital ImprovemeM
s> > s,asa
206,201
243,742
2.�i�,O00
5817.437
$t��OnO a�,.
766,Q00
162.500
51.109.500
53,500
53.500
TOTAL =11.879.784 �1 � .8T9.784
PASSED AND ADOPTED BY THE CIN COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF
DECEMBER, 1994
ATTEST:
WILLIAM A. CHAMPA - CITY CLERK
l =
WIWAM J. NEE - MAYOR
TO: WILLIAM W. BURNS, C1TY MANAGER ��
�
FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR
SUBJECT: RESOLUTION TO LEVY TAXES WHICH APPEAR TO BE IN EXCESS OF
16 MILLS AND CERTIFYING TAX LEVY REQUIREMENTS FOR 1995 TO
ANOKA COUNTY
DATE: November 21, 1994
The attached resolution grants City Covncil the authority to levy a tax which appears to
be in excess of 16 mills.
As stated in Section 7.02 of the City Charter, pursuant to three weeks published notice
and a public hearing the Council may adopt a resolution showing the necessity for such
ta7ces.
The attached resolution also provides for the certi5cation of the 1995 tax levy to Anoka
County for coIlection.
RDP/me
Attachment
2
RESOLIITION NO. - 1994
A RESOLOTION D$CLARING THE NECESBITY TO LEVY A TA% WHICH
APPE1\RB TO H$ IN SBCESS OF 16 MILLS AND CFRTIFYING TAB
LEVY REQIIIREMENTS FOR 1995 TO TSE COIII�1'1'Y OF ANORA FOR
COLLECTION
WHEREAS, Chapter Seven, Section 7.02 of the Charter of the City of
Fridley, grants the City the power to raise money by taxation
pursuant tr� the laws of the State of Minnesota; and
WHEREAS, said Section 7.02 of the City Charter provides that if
the taxes levied against property within the City exceeds 16 mills
on each dollar of assessed valuation, that the Council shall adopt
a resolutifln showing the necessity for such tax; and
WHEREAS, the State of Minnesota has changed the method of computing
taxes from "mill levy" to "tax capacity"; and
WHEREAS, the State of Minnesota transferred state aid dollars from
the city to the school districts to reduce school district taxes;
and
WHEREAS, in addition, the State of Minnesota reduced the amount of
state aid dollars it had previously distributed to cities; and
WHEREAS, the City of Fridley needs to levy taxes which appear to
be in excess of 16 mills because of the reduction of local
government aids by the State of Minnesota.
NOW THEREFORE BE IT RESOLVED that the City Council of the City of
Fridley pursuant te three (3) weeks published notice and public
hearing on the 7th day of December,. 1994, shall have the �uthO�ity
to levy a tax which may be in excess of 16 mills; and
BE IT FURTHER RESOLVED that the City of Fridley certify to the
County of Anoka, 5tate of Minnesota, the following tax levy to be
levied in 1994 for the year 1995.
2A
, .,:.��.:..,�� .:�..�,,,....:.� .�.:..,:.. , �.... .,..:.:..�..�,:......�-..,,:.:... .. . . � .... n, , . . . .. . ............. ... .. _... ...... . . .. ....... ..,.._.-�
Page 2 - Resolution
GENERAL FUND
General Fund
- 1994
CAPITAL PROJECT FUND
Capital Ymprovement Fund - Parks Divisian
AGENCY FUND
Six Cities Watershed Management Organization
TOTAL ALL FUNDS
$3,592,295
72,689
2,702
$3,667,686
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF DECEMBER, 1994
ATTEST:
WILLIAM A. CHAMPA - CITY CLERK
:
WILLIAM J. NEE - MAYOR
� �
�
J
Community Development Department
G DIVISION
City of Fridley
DATE: December 15, 1994 �)
�ry
TO: William Burns, City Manager�
FROM:
SUBJECT:
RECOMMENDATION
Barbara Dacy, Community Development Director
Scott Hickok, Planning Coordinator
Michele McPherson, Planning Assistant
Second Reading of an Ordinance Approving a
�lacation Request, SAV #94-03, by Mearlin�
Nordstrom; 501 Rice Creek Boulevard N.E.
First reading of the attached ordinance occurred at the December
5, 1994 meeting. Staff recommends that the City Council approve
the second and final reading of the attached ordinance vacating
drainage and utility easements along Lot 9, Block 2, Holiday
Hills Second Addition with the fallowing stipulation:
1. A 12 foot drainage and utility easement shall be dedicated
along the inside of the west and north property lines.
MM/dw
M-94-736
3
ORDINANCE NO.
AN ORDINANCE IINDER SECTION 12.07 OF THE CITY
CHARTER TO 9ACATE 6TREETB AND ALLEYS AND TO
AMEND APPENDIB C OF THE CITY CODE
The City Council of the City of Fridley does hereby ardain as
follows:
SECTION 1. To vacate that part of the drainage and utility
easements which lie six feet on both sides of the
line between Lot 8 and Lot 9, Block 2, Holiday
Hills, Anoka County, Minnesota, and between said
Lot 9 and Lot 8, Block 1, Holiday Hills Second
Addition, Anoka County, Minnesota, and which lie
within the boundary of the following described
tract:
That part of Lot 8, Block 2, Iioliday Hills,
Anoka County, Minnesota, lying southerly of
the following described line: Beginninq at a
point on the easterly line of said Lot 8, 15
feet northeasterly of the most southerly
corner thereof, thence northwesterly to the
most westerly corner of said Lot 8 and there
terminating; also Lot 9, Block 2, Holiday
Hills, Anoka County, Minnesota; also that
part of Lot 8, Block 1, Holiday Hi11s Second
Addition, lying southeasterly of the
following described line: Beginning at a
point on the westerly line of said Lot 8, 55
feet northwesterly of the most southerly
corner of said Lot 8; thence to a point on
the easterly line of said Lot 8, 99.65 feet
from the most southerly corner of said Lot 8
and there terniinating.
This property is generally located at 501
Rice Creek Boulevard N.E.
All lying in the North Half of Section 14, T-30,
R-24, City of Fridley, County of Anoka, Minnesota.
Be and is hereby vacated subject to the
stipulation adopted at the City Council meeting of
, 1994.
SECTION 2. The said vacation has been made in conformance
with Minnesota Statutes and pursuant to Section
12.07 of the City Charter and Appendix C of the
City Code shall be so amended.
3A
Ordinance No. - Page 2
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY
THIS UAY OF , 1994.
ATTEST:
WILLIAM A. CHAMPA, CITY CLERK
Public Hearing:
First Reading:
Secorid Reading:
Publication:
WILLIAM J. NEE - MAYOR
November 21, 1994
December 5, 1994
:
r _
�
Community Development Department
P�.�vivnvG D�storr
City of Fridley
DATE: December 15, 1994 �
TO: William Burns, City Manager�'
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 #94-03, by David Stewart and
Robert Gilstad
First reading of the attached ordinance occurred-at t�e December
5, 1994 meeting. Staff recommends that the City Council approve
the second and final reading of the attached ordinance approving
the rezoning request, ZOA #94-03, to rezone from C-1, Local
Business to R-1, Sing7.e Family Dwellinq on the property located
west of 5720 Polk Street and south of 930 Hac3anann Avenue. There
are no stipulations as a condition of approval.
MM/dw
M-94-734
oRnixAxcg rro.
ORDINANCE TO AMEND THE CITY CODE OF T88 CITY
OF FRIDLEY, MINNESOTA BY MARING A CHANGE IN
SONING 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.
SECTION 2. The tract or area within the County of Anoka and
the City of Fridley and described as:
The easterly 120 feet except the northerly 135
feet of that part of Lot 1, Auditor's Subdivision
�25, which is described as follows to wit:
beginning at a point on the north line of said
Auditor's Subdivision distant 221.7 feet east of
the northwest corner thereof which point is also
on the centerline of Central Avenue, then east on
said north line a distance of 270.8 feet, then
south a distance of 308.2 feet to a point on a
I.ine parallel with & 160 feet north of the most
southerly line of said Lot 1 which point is 437.44
feet distant east from the centerline of Central
Avenue, then west along a line parallel with & 160
feet north of the most southerly line of said Lot
l, 437.44 feet to the centerline of Central
Avenue, then northeasterly along said centerline
to the point of beginning and except the north 30
feet thereof said 120 feet to be measured along
the north line of said Lot 1. This property is
generally located West of 5720 Polk Street and
north of Moore Lake Apartments.
Is hereby designated to be .in the Zoned Distriat
R-1, Single Family 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 C-1,
Local Business to R-1, Single Family Dwelling.
. .
�
Ordinance No. - Page 2
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY
THIS OAY OF , 1994.
ATTEST:
WILLIAM A. CHAMPA - CITY CLERK
Public Hearing:
First Reading:
Second Reading:
Publication:
WILL �. NEE"`= MAYOR
November 21, 1994
December 5, 1994
. �
i �
�
Community Development Departme�.t
G DIVISION
City of Fridley
DATE: December 15, 1994
TO: William Burns, City Manager �
�
FROM: Barbara Dacy, Community Development Director
Scott Hickok, Planninq Coordinator
Michele McPherson, Planning Assistant
SUBJECT: Second Reading of an Ordinance Approving a
Rezoninq Request, ZOA #94-05, by Bruce Moseman of
Supreme Tool; 7597 Highway 65 N.E.
RECOMMENDATION
First reading of the attached ordinance occurred at the December
5, 1994 meeting. Staff recommends that the City Council conduct
the second and final reading of the attached ordinance approving
a rezoning request, ZOA #94-05, to rezone property from C-2,
General Business to M-1, Light Industrial. Two stipulations are
included as condition of approval:
1.
2.
The petitioner shall submit a landscape plan complying with
the district requirements prior to issuance of a building
permit.
The petitioner shall comply with the comments of Scott
Erickson's memo dated October 17, 1994 prior to issuance of
a building permit.
MM/dw
M-94-735
5
�
ORDINANCE NO.
aRDINANCS TO AMEND THE CITY CODE OF T8� CITx
OF FRIDLEY, MINNESOTA BY MARING A CHANGS IN
80NING DISTRICTS
The Council of the City of Fridley does ordain as follows:
SECTION 1.
SECTION 2.
Appendix D of the City Code of Fridley is amended
as hereinafter indicated.
Be and is hereby rezoned subject to the
stipulations adopted at the City Council meeting
of , 1994.
The tract or area within the County of Anoka and
the City of Fridley and described as:
Lot 3, Block l, A& R Second Addition. This
property is generally located north of 759?
Highway #65. .
Is hereby designated to be in the Zoned District
M-1, Light Industrial.
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 C-2,
General Business to M-1, Light Industrial.
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:
0
WILLIAM J. NEE - MAYOR
December 5, 1994
December 5, 1994
5A
� _
�
Community Development Department
PLANNING DIVISION
City of Fridley
DATE: December 15, 1994 �
TO: William Burns, City Manager �
FROM:
SUBJECT:
Barbara Dacy, Coaimunity Development Director
Reestablish Public Hearing for Leasehold
Cooperative Tax Status on ACCAP Properties
The City Council had established December 5, 1994 as the public
hearing to consider changing the tax status on the three multiple
family properties owned by ACCAP in Hyde Park. The hearing was
cancelled in order to provide additional time for the City
Council and the Housing & Redevelopment Authority to conduct its
joint meeting on that date. •
Staff recommends that the City Council establish 3anuary 9, 1995
as the._public hearing date. ACCAP is conducting a neighborhood
informational meeting about this issue on Thursday, December 15,
1994. Property owners within 350 feet of the properties were
notified of the informational meeting and will be notified for
the public hearing on January 9, 1995. Consideration of the
resolution to approve or deny the request for the leasehold
cooperative tax status will be-scheduled for City Council
consideration on January 23, 1995.
BD/dw
M-94-752
0
POLiCE DEPARTMENT
City of Fridley
Minnesota
MEMOR;ANDUM
TO:
FROM:
SUBJECT:
DATE:
WILLIAM W. BURNS,��
DAVE SALLMAN Q `A1 )
LIQUOR ORDINANCE AMENDMENT-SECOND READING
December 16, 1994
The first reading of the change to Chapter 603.10 occurred at the Council Meeting on
December 5th, 1994. The second reading is scheduled for the meeting on December
19th, 1994. Staff recommends approval.
7
POLICE DEPA.RTMENT
City of Fridley
Minnesota
MEMORANDUM
TO: �VILLIAM W. BURNS �
�
FROM: DAVE SALLMAN P�
SUBJECT:
DATE:
LIQUOR ORDINANCE ANIENDMENT
November 30, 1994
Staff is recommending the attached addition to Chapter 603.10. The intent is to
restrict licensed iiquor establishments from conducting "teen nights" or allow children
to participate in activities in licensed establishments.
The language proposed in section 20 would prohibit events exclusive to children. State
law prohibits cities from restcicting such events for persons age 18-20. The language in
section 21 would allow persons under age 18 to enter a licensed establishment for the
purpose of eating meals or working. It also provides for some exceptions at bowling
centers. The City has the authority to restrict anyone under age 18 from et�tering a
licensed estabtishment for any reason. The tanguage provided would allow for the
prom nights, children with parents, etc.
The purpose for these proposed changes is to Limit prnblems(fghts, shootings, drugs,
vandalism, gang problems, etc.} that have been associated with any establishment in
the area which has allowed these types of events. Stati believes that these changes are
consistent with the intent of other language in Ordinance 603 and is in the best
interest of the welface of children and the public safety of the City of Fridley. Staff
recommends approval.
7A
ORDINANCE N0.
AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE CHAPTER
603, ENTITLED "INTOBICATING LIQUOR" BY AMENDING SECTION
603.10.
The City Council of the City of Fridley does ordain as follows:
20. No licensee shall hold events which are exclusively for persons under the
age of 21 except social functions that are held in a portion of the
establishment where liquor is not sold. Social functions that are held in a
portion of the restaurant where liquor is not sold shall be limited to persons
age 18 and older.
21. No licensee shall permi.t any person under the age of 18 to enter a licensed
estabZishment except for the purpose of consuming meals or performing work for
the establishment, or in the case of bowling centers, for the purpose of bowling
and related activities, unless accompanied by a parent or guardian.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY
OF , 1994.
ATTEST:
WTLLIAM A. CHAMPA - CITY CLERK
First Reading: December 5, 1994
Second Reading:
Publication:
:
WILLIAM J. NEE - MAYOR
_
�
C�N �F
FR[DLEY
MEMORANDUM
Municipal Center
6431 University Avenue Northeast
Fridley, Minnesota 55432
(612) 572-3507 •
FAX: (612) 571-1287
William C. Hunt
Assistant to the City Manager
. ��
Memo To: William W. Burns, City Manaqer �
From: William C. Hunt, Assistant to the City Manaqer �°%��--
�
Subject: Labor Aqreement with International IInion of Operatinq
Engineers Local No. 49
Date: December 15, 2994
The employees of the City of Fridley represented by the
International Union of Operating Engineers Local Union No. 49 have
voted to accept the offer which the City has made. This will
involve the following changes to the present contract:
1. Appendix A. A three percent (3�) increase in wage rates.
2. Addition of a Lead Mechanic assignment on a year by year
basis. The employee assigned to be Lead Mechanic will review
repair requests; assign equipment repair orders to other
Mechanics; check progress of work; coordinate purchase and
pick`-up of repair parts; review completed work orders; and
advise Superintendent of Public Works. For this the Lead
Mechanic would be paid an additional 63 cents an hour.
3. ARTICLE 19.1 INSURANCE. An increase in the maximum
contribution of the City toward health, life and dental
insurance for employees choosing dependant coverage of $30.00
per month from $315.00 per month in 1994 to $315.00 per month
in 1995.
4. ARTICLE 19.2. INSURANCE. An increase in the maximum
contribution of the City toward health, life, and dental
insurance for employees choosing single coverage of $5.00 per
month from $205.00 per month to $210.00 per month.
5. In accordance with the Memorandum of Understanding dated June
1, 1987, by which members of the bargaining unit are eligible
for participation in the Flexible Benefit Plan for City
Employees an increase of $10.00 in the City's monthly cash
contribution to employees choosing Option B from $155.00 per
month to $165.00.
�
Memorandum to William W. Burns
Labor Agreement with International Union of Operating
Engineers Local No. 49
December 15, 1994 �
Page Two
6. ARTICLE XXIII EMPLOYEE EDUCATION PROGRAM. A cap of $2,250.00
per employee per year in the�education benefit with extension
of the benefit from tuition only to inalude course required
books, educational materials, and fees.
Remaining in effect are the resolutian and memorandum of
understanding dated June l, 1987 relating to the inclusion of
members of the Local Fridley Bargaining Unit in the Flexible
Benefit Plan for City employees and the resolution (also dated
June 1, 1987) authorizing the inclusion of certain Public
Works Maintenance employees in an employee separation benefit
plan. �
I have prepared a resolution for consideration by the Fridley City
Council at its meeting of December 19, 1994.
WCH/jb
: '
CONTRACT OFFER
TO
INTERNATiONAL UNION OF OPERATING ENGINEERS, LOCAL NO. 49
FROM
THE CiTY OF FRIDLEY
DECEMBER 12, 1994
In response to the proposals submitted by the International Union of
Operating Engineers, Local No. 49, and subject to City Council approval, I am
authorized to make the following offer for the 1995 contract year:
19.1 The EMPLOYER will contribute up to a maximum of �ee-1���
three hundred forl,y-five.��345.00� per month
per employee toward group health and life insurance for employees
choosing €a�i�� dependent coverage for calendar year �99� 1995.
19.2 The EMPLOYER will contribute up to a maximum of �r��r-e�
two hundred ten dollars (,$210.001 per month per
employee toward group health and life insurance for employees choosing
single coverage for calendar year i�4�-1995.
In accordance with the Memorandum of Understanding dated June 1, 1987
the City will contribute� one hundred sixty-five dollars ($165.00) per month to
each member of the bargaining unit who chooses Option B of the Flexible
Benefit Plan for City of Fridley Employees.
ARTICLE XXIII. EMPLOYEE EDUCATION PROGRAM
23. ]. The City will pay �e� instructional costs � to a maximum of $2,250
per employee per year for training courses relevant to the
EMPLOYEE'S present or anticipated career responsibilities at City-
approved institutions. The City will pay �fty percent (50%) of the cost
of tuition in advance and the EMPLOYEE will pay the other fifty
percent (SO%). The EMPLOYEE will be required to present to his her
Department Manager a certification of satisfactory work when the
course is completed.
a. Courses issuing a letter grade: a"C" or above is required.
..
b. Courses issuing a numerical grade: a 70 percent grade is required.
c. Courses not issuing a grade: a certification from the instructor
certifying that the student has satisfactorily participated in the
activities of the courses is required.
23.2 If the �MPLOYEE satisfactorily completes the course, the EMPLOYEE
will be reimbursed for the additional fifty percent (50%} of the tuition
a� n .� . A • � � • � . � . • f Y
required fees related to the course. The City will not reimburse the
EMPLOYEE for fees which are charged for instruction, associated
administrative expense, �ee�s; student membership, student health
coverage and other charges for which the s��� EMPLOYEE receives
some item or service not directly related to the course of instruction.
23.3 The City wil[ not reimburse the EMPLOYEE for expenses reimbursed
under some other education system or program, e.g..G. I. Bi11. �
APPENDIX A WAGES 1995 - a three percent (3.0%) increase on all 1994
wage rates. (See attachment.)
� ��� , J -
;� ,,. �. �
,LL GtEi}�� .
�'1 L
`,.
William C. Hunt
Assistant to the City Manager
Exclusive �Representative of the City of Fridley
:
PSW-A.1
PSW-A.2
APPENDI% A
AAGES 1995
Public Services Worker (PSW)
Entry
After one (1) year of
satisfactory performance
in PSW-A classification
PSW-B.1 After two (2) years of
satisfactory performance
in PSW-A classification
and achievement of minimum
qualifications
PSW-B.2 After one (1) year of
satisfactory performance
in PSW-B classification
PSW-C After two (2) years of
satisfactory performance
in PSW-B classification
and achievement of minimum
qualifications
PSW-C
(Maintenance II in 1989)
PSW-D After five (5) years of
satisfactory performance
and achievement of minimum
qualifications
PSW=D
(Maintenance III in 1989)
Hourlv Rate
$i�$8r 11.21
$�-69 12 . 04
$3.�.�-. r� 12 . 89
$�3-:3� 13.74
$34�6 14 . 58
$3�6� 15 .10
$34� 15.42
$3-r-�6 15. 72
Advancement to the next step will occur at the next regular pay
period following satisfactory completion of the time of service
requirement and achievement of minimum qualifications, if
pertinent.
Mechanic
Level Hourlv Rate
. A $ �-�—�-6 14 . 5 8
B $ �.-r°r.-2�r 15 . 7 2
Person assianed to Lead Mechanic $16.35
Seasonal/Temporary Employees
Employees employed by the employer on a seasonal/temporary basis
for no more than 125 working days per calendar year either in a
full-time (more than 14 hours per week) or part-time capacity will
be compensated as determined by the employer for the term of this
employment. Such employees will not be eligible for any benefits
under the Agreement except those which may be required by law.
: �
P O S I T I O N D E S C R I P T I O N
POSITION TITLE: �`�j� MECHANIC $� ':��i�t "�t;?t��1'.".."��.i1��':::':�s�;i�.....`- �'�3'i:'.�- :
;a;...:� :�;�:,,�:�.w.��.:.,.;:::k:�:`:>;::w;:.:::;.:;:.::.::.::.:::.:> :::.::.::::.::.::::;: ��:;:.:;::::::�:::
DEPARTMENTIDIVISION: PIIBLIC AORRS/MAINTEATANCE
REPORTS TO: SQPERINTENDENT OF POBLIC AORRS
POSITION OBJECTIVE: To maintain in qood working order all City
mechanical equipment includinq liqht and heavy equipment so as to
avoid breakdown of vehicles which would delav essential work. �:%�so.
ESSENTIAL JOB FIINCTIONS:
l. Services, repairs, and maintains automobiles, trucks, and
light and heavy equipment owned by the City.
2. Does electric and gas welding.
3. Inspects equipment to determine the type and scope of repairs,
that are needed.
4. Completes annual equipment inspection and certificatiom as
required.
5. Completes equipment work orders, parts inventory, and
equipment maintenance records.
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OTHER JOB FUNCTIONS:
l. Operates City vehicles and other pieces of equipment.
2. Assists other departments in maintenance and repair of
stationary equipment, such as lift stations, wellhouses, etc:
3. Performs other related duties as required.
:
1 - �
MINIMIIM OIIALIFICATIONB:
.. �`�v�+,.J,}}: '+.aX}.�Cti?a• - Z.i tiA . ' �!�^.:•X::t.; "v'?.��
�<>:>�::�:�:k.••:?���.'�:. •:.<���':�"��,,:�.�Ek; .:� ' ���3:�"���>..•
;�:6::t,:;yr.x�;.,.>`.:�c,;rR:�:�:2?>.� {...•t•�::-.,-:�?;:tiisR-..o-x`:-I.•v,.^.�w::::t.. y ?,!',Xiy:ahC,00?:T,:c.:.W�
.......... �:`-:;4.4.
2. Class B Commercial Driver's License.
3. Experience in electric and gas welding.
4. Two (2) years of applicable experience in gas and/or diesel
engine maintenance and repair of a variety of light and heavy
equipment.
5. One (1) year of technical college course work (51 quarter
credits) in automobile or diesel mechanics or certification
as a Master Automotive Technician by the National Institute
for Automotive Services Excellence. One year of applicable
experience can be substituted for up to seventeen (17) quarter
credits.
6. Ability to read, understand, and follow written and oral
instructions in English, including safety notices and
maintenance manuals.
7. Ability to meet the physical demands of the job as indicated
in the Job Activity Requirements with or without reasonable
accommodations.
8. Minnesota Department of Motor Vehicle Certified to perform
annual equipment inspection.
DESIRED OIIALIFICATIONS:
l. Class A Commercial Driver's License with trailer endorsement.
2. Skills of a qualified automotive mechanic with considerable
additional experience on a variety of light and heavy
equipment.
3. Skil.l in testing and locating defects in mechanical equipment.
4. Skill in the use of electric and gas welding.
5.
C'�
Considerable knowledge of the principles of the operation of
gasoline and diesel engines, both large and small.
Ability to adapt available tools and repair parts to specific
problems.
January 1995
:
RESOLIITION NO. - 1994
RESOLIITION AIIT80RIZING SIGNING AN AGREEMLNT
FOR CERTAIN EMPLOYEES REPRESENTED BY INTERNATIONAL
UNION OF OPERATING ENGINEERB� LOCAL NO. 49, AFL-CIO
(PQBLIC WOR,1C8 MAINTENANCE) FOR 1995
WHEREAS, the International Union of Operating Engineers, Local No.
49, AFL-CIO, as bargaining representative for certain Public Works
Maintenance employees of the City of Fridley, has presented to the
City of Fridley various requests relating to the waqes and working
conditions of employees of the Public Works Department of the City
of Fridley; and
WHEREAS, the City of Fridley has presented to the designated
representatives of Local 49 various requests relating to the wages
and working conditions of employees of the Public Works Department
of the City of Fridley; and
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 City Manager
are hereby authorized to sign the attached Labor Agreement
including Appendix A, Appendix B, and�Appendix C relating to wages
and working conditions of employees of the City of Fridley Public
Works Department.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
TH DAY OF , 1994.
WILLIAM J. NEE - MAYOR
WILLIAM A. CHAMPA - CITY CLERK.
�
LABOR AGREEMENT
BETWEEN
THE CITY OF FRIDLEY
AND
THE INTERNATIONAL UNION OF OPERATING ENGINEERS
LOCAL NO. 49
AFL-CIO
1995
' 11J
.•
LABOR AGREEMENT
BETWEEN
THE CITY OF FRIDLEY
AND
THE INTERNATIONAL UNION OF OPERATING ENGINEERS
LOCAL NO. 49
AFL-CIO
1995
Page
ARTICLE I PURPOSE OF AGREEMENT . . . . . . . . . . . . . . . . 1
ARTICI,E II RECOGNITION . . . . . . . . . . . . . . . . . . . . 1
ARTICLE IIT UNION SECURITY . . . . . . . . . . . . . . . . . . 1
ARTICLE IV EMPLOYER SECURITY . . . . . . . . . . . . . . . . . 2
ARTICLE V EMPLOYER AUTHORITY . . . . . . . . . . . . . . . . . 2
ARTICLE VI EMPLOYEE RIGHTS . . . . . . . . . . . . . . . . . . 2
ARTICLE VII DEFINITIONS . . . . . . . . . . . . . . . . . . 6
ARTICLE VIII SAVINGS CLAUSE . . . . . . . . . . . . . . . . . 7
ARTICLE IX WORK SCHEDULES . . . . . . . . . . . . . . . . . . 7
ARTICLE X OVERTIME PAY . . . . . . . . . . . . . . . . . . . 7
ARTICLEXI CALL BACK . . . . . . . . . . . . . . . . . . . . . 8
ARTICLE XII LEGAL DEFENSE . . . . . . . . . . . . . . . . . . 8
ARTICLE XIII RIGHT OF SUBCONTRACT . . . . . . . . . . . . . . 8
ARTICLE XIV DISCIPLINE. . . . . . . . .. . . . . . . . . . . . 8
ARTICLE XV SENIORITY . . . . . . . . . . . . . . . . . . . . . 9
ARTICLE XVI PROBATIONARY PERIODS . . . . . . . . . . . . . . . 9
ARTICLE XVII SAFETY . . . . . . . . . . . . . . . . . . . . . 9
ARTICLE XVIII JOB POSTING . . . . . . . . . . . . . . . . . . 9
:
ARTICLE XIX INSURANCE . . . . . . . . . . . . . . . . . . . . 10
ARTICLE XX ANNUAL LEAVE . . . . . . . . . . . . . . . . . . . 10
ARTICLE XXI SHORT TERM DISABILITY . . . . . . . . . . . . . . 12
ARTICLE XXII STANDBY PAY AND MINIMUM CALLBACK ........ 13
ARTICLE XXIII EMPLOYE EDUCATION PROGRAM . . . . . . . . . . . 13
ARTICLE XXIV FUNERAL PAY . . . . . . . . . . . . . . . . . . . 14
ARTICLE XXV JURY PAY AND WITNESS FEES . . . . . . . . . . . . 15
ARTICLE XXVI MILITARY LEAVE . . . . . . . . . . . . . . . . . 15
ARTICLE XXVII INCENTIVE PAY (LONGEVITY) . . . . . . . . . . . 15
ARTICLE XXVIII HOLIDAYS . . . . . . . . . . . . . . . . . . . 15
ARTICLEXXIX UNIFORMS . . . . . . . . . . . . . . . . . . . . I5
ARTICLE XXX REPRESENTATIVE OF AREA WIDE NEGOTIATIONS. .... 16
ARTICLEXXXI INSURANCE . . . . . . . . . . . . . . . . . . . . 16
ARTICLEXXXII WAIVER . . . . . . . . . . . . . . . . . . . . . 16
ARTICLE XXXIII DURATION . . . . . . . . . . . . . . . . . . . 16
APPENDIXA . . . . . . . . . . . . . . . . . . . . . . . . . . 18
APPENDIX'B . . . . . . . . . . . . . . . . . . . . . . . . . . 19
APPENDIXC . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3
:
LABOR AGREEMENT
BETWEEN
THE CITY OF FRIDLEY
AND
THE INTERNATIONAL UNION OF OPERATING ENGINEERS
LOCAL NO. 49
AFL-CIO
ARTICLE I. PURPOSE OF AGREEMENT
This AGREEMENT is
hereinafter called
International Union
called the UNION.
entered into between the� CITY OF FRIDLEY,
the EMPLRYER, and the Local No. 49,
of Operating Engineers, AFL-CIO, hereinafter
It is the intent and purpose of the AGREEMENT to:
1.1 Establish certain hours, wages and other conditions of
employment;
1.2 Establish procedures for the resolution of disputes concerning
this AGREEMENT'S interpretation and/or application; and
1.3 Specify the full and complete understanding of the parties;
and
1.4 Place in written form the parties� agreement upon terms and
conditions of employment for the duration of this AGREEMENT.
The EMPLOYER and the UNION, through the AGREEMENT, continue
their dedication to the highest quality of public service.
Both parties recognize this AGREEMENT as a pledge of this
dedication.
ARTICLE II. RECOGNITION
The EMPLOYER recognizes the UNION as the exclusive representative
in a unit as certified by the Minnesota Bureau of Mediation
Services.
ARTICLE III. UNION SECURITY
In recognition of the UNION as the exclusive representative, the
EMPLOYER shall:
1
:
3.1 Deduct each payroll period an amount sufficient to provide the
payment of dues established by the UNION from the wages of all
employees autharizing in writing such deduction, and
3.2 Remit such deduction to the appropriate designated officer of
the UNION.
3.3 The UNION may designate certain employees from the bargaining
unit to act as stewards and shall inform the EMPLOYER in
writing of such choice.
3.4 The UNION agrees to indemnify and hold the EMPLOYER ha7cmless
against any and all claims, suits, orders, or judgme��s
brought or issued against the CITY under the provisions of
this Article.
ARTICLE IV. EMPLAYER SECURITY
The UNI�N 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 interference with the normal functions
of the EMPLOYER.
ARTICLE V. EMPLOYER AUTHORITY
5.1 The EMPLOYER retains the full and unrestricted right to
operate and manage all manpower, facilities, and equipment;
to establish functions and programs; to set and amend budgets;
to determine the utilization of technology; to establish and
modify the organizational structure; to select, direct, and
determine the number 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. EMPLOYEE RIGHTS -- GRIEVANCE PROCEDURE
6.1 DEFINITION OF A GRIEVANCE
A grievance is defined as a dispute or disagreement as to the
interpretation or application of the specific terms and
conditions of this AGREEMENT.
6.2 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 the
2
:
Article. The UNION shall notify the EMPLOYER in writing of
the names of such UNION REPRESENTATIVES and of their
successors when so designated.
6.3 PROCESSING OF A GRIEVANCE
6.4
It is recognized and accepted by the UNION and the EMPLOYER
that the processing of grievances as hereinafter provided is
limited by job duties and responsibilities of the EMPLOYEES
and shall therefore be accomplished during normal working
hours only when consistent with such EMPLOYEE duties and
responsibilities. The aggrieved EMPLOYEE and the 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.
Grievances, as defined by Section 6.1, shall be resolved in
aonference with the folZowing procedure:
Step l.
An EMPLOYEE claiming a violation concerning the interpretation
or application of this AGREEMENT shall, within twenty-one (21)
calendar days after such alleged violation has occurred,
present such grievance to the EMPLOYEE'S supervisor as
designated by the EMPLOYER. The EMPLOYER-designated
representative will discuss and give an answer to such Step
1 grievance within ten (lOj calendar days after receipt.. A
grievance not resolved in Step 1 and appealed to Step 2 shall
be placed in writing setting forth the nature of the
grievance, the facts on which it is based, the provision of
provisions of the AGREEMENT allegedly violated, and the remedy
requested and shall be appealed to Step 2 within ten (10)
calendar days after the EMPLOYER-designated representative's
final answer in Step 1. Any grievance not appealed in writing
to Step 2 by the UNION within ten (10) days shall be
considered waived.
Step 2.
If appealed, the written grievance shall be presented by the
UNION and discussed with the EMPLOYER-designated Step 2
representative. The EMPLOYER-designated representative shall
give the UNION the EMPLOYER'S Step 2 answer in writinq within
ten (10) calendar days after receipt of such Step 2 grievance.
A grievance not resolved in Step 2 may be appealed to Step 3
3
; I
within ten (10) calendar days following the EMPLOYER-
designated representative's final Step 2 answer. Any
grievance not.appealed in writing to Step 3 by the UNION
within ten (10) calendar days shall be considered waived.
Step 3.
If appealed, the written grievance shall be presented by the
UNION and discussed with the EMPLOYER-designated Step 3
representative. The EMPLOYER-designated representative shall
give the UNION the EMPLOYER'S answer in writing within t��
(10) calendar days after receipt of such Step 3 grievance.
A grievance not resolved in Step 3 may be appealed to Step 4
within ten (14) 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 (lOj calendar days shall be considered waived.
Step 4.
A grievance unresolved in Step 3 and appealed in Step 4 shall
be submitted to the Minnesota Bureau of Mediation Services.
A grievance not resolved in Step 4 may be appealed to Step 5
within ten (10) calendar days following the EMPLOYER'S final
answer in Step 4. Any grievance not appealed in writing to
Step 5 by the UNION within ten (10) calendar days shall be
considered waived.
Step 5.
A grievance unresolved in Step 4 and appealed in Step 5 shall
be submitted to arbitration subject to the provisions of the
Public Employment Labor Relations Act of 1971, as amended.
If the parties cannot agree upon an arbitrator the selection
of an arbitrator shall be made in accordance with the "Rules
Governing the Arbitration of Grievances" as established by the
Public Employment Relations Board.
6.5 ARBITRATOR'S AUTHORITY
A. The arbitrator shall have no right to amend, modify,
nullify, ignore, add to, or subtract from the terms and
conditions of this AGREEMENT. The arbitrator 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 (s) 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, rules, or regulations
having the force and effect of law. The arbitrator's
4
: �
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decision shall be submitted in writing within thirty (30)
days following the alose 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 equally.
6.6 WAIVER
If a grievance is not presented within limits set forth above,
it shall be aonsidered "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 EMPIAYER'S last answer. If the EMPLOYER
does not answer a grievance or an appeal thereof within the
specified time limits, the UNiON may elect to treat the
grievance as denied at that step and itamediately appeal the
grievance to the next step. The time limit in each step may
be extended by mutual agreement of the EMPLOYER and the UNION.
6.7 CHOICE OF REMEDY
If, as a result of the EMPLOYER response in Step 4, the
grievance remains unresolved, and if the grievance involves
the suspension, demotion, or discharge of an employee who has
completed the required probationary period, the grievance may
be appealed to Step 5 of Article VI or a procedure such as:
Civil Service, Veteran's Preference, or Fair Employment. If
appealed to any procedure other than Step 5 of Article VS, the
grievance is not subject to the arbitration procedure as
provided in Step 5 or Article VI. The aggrieved employee
shall indicate in writing which procedure is to be utilized
(Step 5 or Article VI or another appeal procedure) and shall
sign a statement to the effect that the choice of any other
hearing precludes the aggrieved employee from making a
subsequent appeal through Step 5 of Article VI.
5
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ARTICLE VII. DEFINITIONS
7.1 UNTON
The International Union of Operating Engineers, Local No. 49,
AFL-CIO.�
7.2 EMPLOYER
The City of Fridley.
7.3 UNION MEMBER
A member of the International Union of Operating Engineers,
Local 49, AFL-CIO.
7.4 EMPLOYEE
A member of the exclusively recognized bargaining unit.
7.5 BASE RATE OF PAY
The Employee's hourly pay rate exclusive of longevity or any
other special allowance.
7.6 SENIORITY
Length of continuous service in any job classifications
covered by ARTICLE II -- RECOGNITION. Employees who are
promoted from job classification covered by this AGREEMENT and
return to a job classification covered by the AGREEMENT shall
have their seniority calculated on their length of service
under this AGREEMENT for purposes of promotion, transfer and
lay off and total length of service with the EMPLOYER for
other benefit under this AGREEMENT.
7.7 SEVERANCE PAY
Payment made to an employee upon honorable termination of
employment.
7.8 OVERTIME
Work performed at the express authorization of the EMPLOYER
in excess of either eight (8) hours within a twenty-four (24)
hour period (except for shift changes) or more than forty (40)
hours within a seven (7) day period.
7.9 CALL BACK
Return of an employee to a specified work site to perform
assigned duties at the express authorization of the EMPLOYER
0
•.
at a time other than an assigned shift. An extension of or
early report to an assigned shift is not a call back.
7.10 STANDBY PAY
Compensation for standing by at the City's request, or being
available for work on days that are normally considered to be
employee's day off.
AR.TICLE VIII. SAVINGS CLAUSE
The AGREEMENT is subject to the laws of the United States, the
State of Minnesota and the signed municipality. In the event any
provision af this AGREEMENT shall be held to be contrary to law by
a court of competent jurisdiction from whose final judgement or
decree no appeal has been taken within the time provided, such
provisions shall be voided. All other provisions of the AGREEMENT
shall continue in full force and effect. The voided provision may
be renegotiated at the request of either party.
ARTICLE IX. WORK SCHEDULES
9.1 The sole authority in work schedules is the EMPLOYER. The
normal work day for an employee shall be eight (8) hours. The
normal work week shall be forty (40j hours Monday through
Friday.
9.2 Service to the public may require the establishment of regular
shifts for some employees on a daily, weekly, seasonal, or
annual basis other than the normal 8:00-4:30 day. The
EMPLOYER will give seven (7) days advance notice to the
emp7,oyees affected by the establishment of work days different
from the employee's normal eight (8) hour work day.
9.3 In the event that work is required because of unusual
circumstances such as (but not limited toj fire, flood, snow,
sleet, or breakdown of municipal equipment or facilities, no
advance notice need by given. It is not required that an
employee working other than the normai workday be scheduled
to work more than the eight (8) hours; however, each employee
has an obligation to work overtime or call backs if requested
unless unusual circumstances prevent the employee from so
workinq.
9.4 Service to the public may require the establishment of regular
work weeks that schedule work on Saturdays andJor Sundays.
ARTICLE X. OVERTIME PAY
10.1 Hours worked in excess of eight (8) hours within a twenty-four
(24) hour period (except for shift changes) or more than forty
(40) hours within a seven (7) day period will be compensated
7
: �
for at one and one-half (1 1/2) times the employee's reguZar
base pay rate.
10.2 Overtime will be distributed as equally as practicable.
10.3 Overtime refused by employees will for record purposes under
.ARTICLE 10.2 be considered as unpaid overtime worked.
10.4 For the purpose of computinq overtime compensation, overtime
hours worked shall not be pyramided, compounded, or paid twice
for the same hours worked.
ARTICLE XI. CALL BACK
An employee called in for work at a time other than the employee's
normal scheduled shift will be compensated for a minimum of two (2)
hours� pay at one and one-half (1 1/2) times the employee's base
pay rate.
ARTICLE XII. LEGAL DEFENSE
12.1 Employees involved in litigation because af negligence,
ignorance of laws, nan-observance of laws,or as a result of
employee judgmental decision may not receive legal defense by
the municipality.
12.2 Any employee who is charged with a trafFic violation,
ordinance vioiation or criminal offense arising from acts
performed within the scope of the employee's employment, when
such act is performed in good faith and under direct order of
the employee's supervisor, shall be reimbursed for reasonable
attorney's fees and court costs actually incurred by such
employee in defending against such charge.
ARTICLE XIII. RIGHT OF SUBCONTRACT
Nothing in this AGREEMENT shall prohibit or restrict the right of
the EMPLOYER from subcontracting work performed by employees
covered by this AGREEMENT.
ARTICLE XIV. DISCIPLINE
14.1 The EMPLOYER will discipline employees only for just cause.
14.2 An employee(s) will not be required to participate in an
investigatory interview by the EMPLOYER where the information
gained irom the interview could lead to the discipline of the
employee(s) unless the employee(s) is given the opportunity
to have a third party or the Union Representative present at
the interview to act as a witness for the employee(s).
8
..
ARTICLE XV. SENIORITY
15:1 Seniority will be the determining criterion for transfers,
promotions and lay-offs only when all job-relevant
qualifications factors are equal.
15.2 Seniority will be the determining criterion for recall when
the job-relevant qualification factors are equal. Recall
rights under this provision will continue for twenty-four (24)
months after lay off. Recalled employees shall have ten (l0)
working days after notification of recall by registered mail
at the employee's last known address to report to work or
forfeit all recall rights.
ARTICLE XVI. PROBATIONARY PERIODS
16.1 Every newly hired or rehired employee will serve a twelve (12)
month probationary period.�
16.2 Every employee will serve a twelve (12) month probationary
period in any job classification in which the employee has not
served a probationary period.
16.3 At any time during the probationary period, a newly hired or
rehired employee may be terminated at the sole discretion of
the EMPLOYER.
16.4 At any time during the probationary period, a promoted or
reassigned employee may �be demoted or reassigned to the
employee�s previous position at the sole discretion of the
EMPLOYER.
ARTICLE XVIi. SAFETY
The EMPLOYER and the UNION agree to jointly promote safe and
healthful working conditions, to cooperate in safety matters and
to encourage employees to work in a safe manner.
ARTICLE XVIII. JOB POSTING
18.1 The EMPLOYER and the UNION agree that permanent job vacancies
within the designated bargaining unit shall be filled based
on the concept of promotion or transfer from within provided
that applicants:
18.11 have the necessary qualifications to meet the
standards of the job vacancy; and
18.12 have the ability to perform the duties and
responsibilities of the job vacancy.
E
:
18.2 Employees filling a higher job class based on the provisions
of the ARTICLE shaZl be subject to the conditions of ARTiCLE
XVI (PROBATIONARY PERIOD).
18.3 The EMPLOYER has the right oF final decision in the selection
of employees to fill posted jobs based on qualifications,
abilities and experience.
18.4 Job vacancies within the designated bargaining unit will be
posted for five (5) working days so that members of the
bargaining unit can be considered for such vacanaies.
ARTICLE XiX. INSURANCE
19.1 The EMPLOYER will contribute up to a maximum of three hundred
forty-five dollars ($345.00) per month per EMPLOYEE toward
group health and life insurance for EMPLOYEES choosing
dependent coverage for calendar year 1995.
19.2 The EMPLOYER will contribute up to a maximum of two h��dred
ten dollars ($210.00) per month per EMPLOYEE toward group
health and life insurance for EMPLOYEES choosing single
coverage for calendar year 1995.
19.3 By mutual agreement EMPLOYEES may use fifteen dollars ($15.00)
of the per month per employee of health insurance dollars in
19.1 and 19.2 for dental insurance for all unit EMPLOYEES.
19.4 EMPLOYEES not choosing dependent coverage cannot be covered
at EMPLOYER expense for any additional insurance than the
individual group health and group life insurance. Addit�.nnal
Iife insurance can be purchased by EMPLOYEES at the EMPLOYEB' S
expense to the extent allowed under the EMPLOYER'S group
policy.
ARTICLE XX. ANNUAL LEAVE
20.1 Each employee shall be entitled to annual leave away from
employment with pay. Annual leave may be used for scheduled
or emergency absences from employment. Annual leave pay shall
be computed at the regular rate of pay to which such an
employee is entitled; provided, however, that the amount of
any compensation shall be reduced by any payment received by
the employee from workers' compensation insurance, Public
Employees Retirement Association disability insurance, or
Social Security disability insurance. An employee's
accumulation of annual leave will be reduced only by the
amount of annual leave for which the employee receives
compensation.
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20.2 Seniority shall apply on scheduled annual leave up to May lst
of each year. After May lst, scheduled annual leave shall be
on a first come, first served basis.
20.3 A beginning employee shall accrue annual leave at the rate of
eiqhteen (18) days per year for the first seven (7) years (84
successive monthsj. An employee who has worked seven (7)
years (84 successive months) shall accrue annual leave at the
rate of twenty-four (24) days per year, beginning with the
eighty-fifth (85th) month of successive employment. An
employee who has worked fifteen (15) years (180 successive
months) shall accrue annual leave at the rate of twenty-six
(26) days per year, beginning with the one hundred
eighty-first (isist) month of consecutive empioyment. These
rates are based on a forty (40) hour regular work week. The
actua�. amount credited to an employee in any given pay period
shall be prorated according to the actual number of regular
hours worked during that pay period. Hours worked on
overtime, callback, or standby� shall not enter into the
calculation of the accrual of annual leave.
20.4 For an employee hired on or after•July 1, 1983:
The maximum total accumulation of annual leave at the end of
any given year shall be thirty (30j 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 {3j days of accumulated
annual leave for cash. At the same time, an employee who has
completed fifteen (15) years of service with the City will
have the opportunity to exchange up to 5 days of accumulated
annual leave for cash. �
20.5 For an employee hired before July 1, 1983:
Vacation accrued but unused as of June 30, 1983 shall 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
leave as of June 30, 1983 shall be converted to annual leave
according to the following schedule:
a. lst 45 days @ 1 day of annual leave for 1 day of sick
leave •
b. 2nd 45 days @ 1 day of annual leave for 2 days of sick
leave
c. Remainder @ 1 day of annual leave for 3 days of sick
leave.
In lieu of severance pay, one hour of annual leave shall be
credited for each full month of employment up to a maximwn of
two hundred forty (240) hours.
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The total amount of annual leave credited to the employee�s
balance as of July 1, 1983 shall be equal to accrued but
unused vacation plus the amount in lieu of severance pay.
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 e�ployee
will have the opportunity to exchange up ta five-(5) day� 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 equaZ amount.
20.6 Upon separation from employment with the City, an eaiployee
will be paid one (1) day's salary for each day of accrued
annual leave remaining in the employee's balance.
ARTICLE XXI. SHORT TERM DISABILITY
21.1 Each employee who has successfully completed the employee�s
probationary period shall be eligible for the short term
disability benefit. Sstch an employee shall be entitled to
fulY pay commencing on the twenty-first (21st) consecutive
working day on which the employee is absent due to a
physician-certified illness or injury off the jab, and
continuing until the employee returns to work ab1.e to carry
out the full duties and responsibilities of the employee's
position or through the one hundred and tenth (llOth) vorking
day of absence, whichever occurs first. Such an emmployee
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 (100thj 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 iZlness or injury, regardless of
the number and spacing of episodes. The annual Zeave balance
of an employee receiving short term disability benefit shall
12
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not ba reduced, nor shall such employee accrue annual leave
during that period.
21.2 Before any short term disability payments are made by the City
to an employee, the City may request and is entitled to
receive a certificate signed by a competent physician or other
medical attendant certifying to the fact that the entire
absence was, in fact, due to the illness or injury and not
otherwise. The City also reserves the right to have an
examination made at any time of any employee 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.
21.3 If an employee hired before July 1, 1983, 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.
ARTICLE XXII. STANDBY PAY AND MINIMUM CALLBACK FOR STANDBY
EMPLOYEES
22.1 Employees who are designated by the City Manager to serve in
a"standby" status on behalf of the City on a Saturday, Sunday
or Holiday will receive as compensation for such service as
"standby" two (2) hours of overtime pay for each day served
in such status.
22.2 Employees required to "standby" during the week will receive
as compensation for such service four (4) hours pay at the
overtime rate.
22.3 If on any such day the Employee on "standby" shall actually
perform work for the City, the Employee shall be entitled to
compensation for each hour or portion thereof actually worked
at the overtime rate of pay, which shall be in addition to the
standby pay.
22.4 An Employee who is on standby and is called out to perform
work shall be paid a minimum of one (1) hour overtime for
performing such work.
A.RTICT�E XXIII. EMPLAYEE EDUCATION PROGRAM
23.1 The Employees who were reqistered for a graduate or
undergraduate degree program prior to January 1, 1995 but who
were not registered for a ctraduate or undergraduate deg�ee
program prior to January 1, 1995 the Citv will pav
instructional costs up to a maximum of 52,250.00 per employee
per year for training courses relevant to the Emulovee's
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present or anticipated career responsibilities at City-
approved institutions. The City will pay fifty percent (50�)
of the cost in advance, and the Employee will pay the other
fifty percent (50�). The Employee will be required to present
to his Department Manager a certification of satisfactory work
when the course is completed.
The City will pay tuition costs for training courses relevant
to the Employee's present or anticipated career
responsibilities at City-approved institutions. The City will
pay fifty percent (50�) of the cost of tuition in advance and
the Employee will pay the other fifty percent (50�). Th�
Employee will be required to present to his Department Head
a certification of satisfactory work when the course is
completed.
a. Courses issuing a letter grade: a pC" or above is
required.
b. Courses issuinq a numerical grade: a 70 percent grade
is required.
c. Courses not issuing a grade: A certification from the
instructor certifying that the student has satisfactorily
participated in the activities of the courses is
required.
23.2 If the Employee satisfactorily completes the course, the
Employee will be reimbursed for the additional fifty percent
(50�) of the tuition. The City will not reimburse the
Employee for fees which are charged for instruction,
associated administrative expense, books, student membership,
student health coverage and other charges for which the
student receives some item or service.
23.3 The City will not reimburse the Employee for expenses
reimbursed under some other education system or program, e.g.
G.I. Bill.
ARTICLE XXIV. FUNERAL PAY
In case of death occurring in the immediate family of an Employee,
such an Employee may be excused from work for up to three (3) days
with additional time off granted by the City Manager if additional
time is needed. This time off shall not subject the Employee to
loss of pay. For this purpose, members of the immediate family of
the Employee are considered to be the following: spouse, child
(Natural or adopted), parent, grandparent, brother, sister,
mother-in-law or father-in-law.
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ARTICLE XXV. JURY PAY AND WITNESS FEES
An Employee who has been duly summoned for jury duty in any caurt,
or who has been duly summoned as a witness in any proceedinq, shall
be excused from work in accordance therewith. Such employee shall
be entitled to receive as pay a sum of money equal to the
difference between what the Employee received as compensation for
such jury duty or witness fees, and the Eraployee's regular pay.
ARTICLE XXVI. MILITARY LEAVE
Any Employee absent from work in accordance with the order of a
duly established military authority shall receive pay and
compensation during such absence as is provided by State Law..
ARTICLE XXVII. INCENTIVE PAY (LONGEVITY)
Incentive Pay will be paid over and above the base rate of pay for
employees permanently hired prior to March 31, 1973 according to
the following schedule:
After 5 years of Service:
After 10 years of Service:
After 15 years of Service:
2-1/2� of base salary rounded
to the nearest dollar amount
5� of base salary rounded to the
nearest dollar amount.
7-1/2� of base salary rounded
to the nearest dollar amount.
The City of Fridley has agreed to pay incentive pay to Employees
hired prior to March 31, 1973, in recognition of their prior
service and contribution to the City of Fridley." Neither the City
nor the UNION will attempt to take away longevity or incentive.pay
for those persons hired prior to March 31, 1973, in future
contracts. The amount of incentive pay for eligible Employees will
be negotiated for the affected Employees.
ARTICLE XXVIII. HOLIDAYS
The EMPLOYER will provide eleven (11) paid holidays.
In addition, employees shall be paid at one and one-half (1-1/2)
times their base rate of pay for all hours worked on eleven (11)
City designated holidays. '
ARTICLE XXIX. UNIFORMS
The City of Fridley will furnish uniforms to Employees of the
bargaining unit free of charge to the Employee. The City reserves
the right to select the type of uniform to be furnished. The City
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will agree to furnish rain equipment and special safety equipment
for all Employees.
ARTICLE XXX. REPRESENTATIVE ON AREA WIDE NEGOTIATIONS
If the UNION chooses to use one of the personne2 from the Fridley
work force as a representative on the area wide bargaining unit for
more than one year in three, Local No. 49 will pay the salary of
such Employee for the second year for the time spent on area wide
negotiations. The purpose is to spread the cost of such
negotiation among the several communities involved in joint
negotiations.
ARTICLE XXXI. INSURANCE
The City will provide group term Zife insurance with a maximum of
$25,000 per Employee and additional accidental death and disability
insurance with a maximum of $25,000 per Employee. Provided that
the total City cost for all insurance premiums does not exceed the
amount set forth in ARTICLE XIX.
ARTICLE XXXII. WAIVER
32.1 Any and all prior agreements, resolutions, practices,
policies, rules and regulations regarding terms and conditions-
of employment, to the extent inconsistent this the provisions
of this AGREEMENT, are hereby superseded.
32.2 The parties mutually acknowledge that during the negotiations
which resulted in this AGREEMENT, each had the unlimited right
and opportunity to make demands and proposals with 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
specifically referred to or covered by this AGREEMENT, even
though such terms or conditions may not have been within the
knowledge or contemplation of either or both of the parties
at the time this contract was negotiated or executed.
ARTICLE XXXIII. DURATION
The AGREEMENT shall be effective as of January 1, 1995 and shall
remain in full force and effect until the 31st day of Deceiaber,
1995.
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IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT
on this day of , 1994.
FOR THE INTERNATIONAL UNION OF
OPERATING ENGINEERS, LOCAL NO. 49,
AFL-CIO
Fred D�reschuk, Business Manager
John Pendzimas, President
John M. Schouveller, Recording Secretary
Tim R. Connors, Business Represe.ntative
David Lindquist, Steward
David Jensen, 5teward
FOR THE CITY OF FRIDLEY
William J. Nee, Mayor
William W. Burns, City Manager
I hereby recommend approv,al of is agreement.
7 . �; '
` �/� l� ,
-G.��.�r1ti� � %
illiam C. Hunt - Ass stant to the City Manager
�
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� n G. Flora, Director of Public Works/City Engineer
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PSW�A.l
PSW-A.2
APPENDIB A
WAGES 1995
Public Services Worker (PSW)
Entry
After one (1) year of
satisfactory performance
in PSW-A classification
PSW-B.1 After two (2) years of
satisfactory performance
in PSW-A classification
and achievement of minimum
qualifications
PSW-8.2 After one (1) year of
satisfactory performance
in PSW-B classification
PSW-C After two (2) years of
satisfactory performance
in PSW-B classification
and achievement of minimum
qualifications ,
PSW-C
(Maintenance II in 1989)
PSW-D After five (5j years of
satisfactory performance
and achievement of minimum
qualifications
PSW-D
(Maintenance III in 1989)
Hourly Rate
$11.21
$12.04
$12.89
$13.74
$14.58
$15.10
$15.42
$15.72
Advancement to the next step will occur at the next regular pay
period following satisfactory completion of the time of service
requirement and achievement of minimum qualifications, if
pertinent.
Mechanic
Level Hour1Y Rate
A $ Z4 . 58
B $ 15.72
Person assigned to Lead Mechanic $ 16.35
8easonal/Temporary Employees
Employees employed by the employer on a seasonal/temporary basis
for no more than 125 working days per calendar year either in a
full-time (more than 14 hours per week) or part-time capacity will
be compensated as determined by the employer for the term of this
employment. Such employees will not be eligible for any benefits
under the Agreement except those which may be required by law.
:--
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APPENDI$ B
PUBLIC WORRS MAINTENANCE
MINIMQM REQIIIREMENTB
Public Bervices Worker Level A Minimum Requfrements
High School Diploma, GED or equivalent.
Valid Minnesota Class B Driver's License.
Successful completion of City's physical examination including drug
testing, if required.
Ability to read, understand, and follow written and oral
instructions, including safety rules. ,
Ability to meet the physical demands of the job including but not
limited to lifting, bending, climbing, reaching overhead, pusi�ing
and pulling.
Abiiity to perform job responsibilities in climatic extremes.
Abiiity to perform routine repair and maintenance tasks in one or
more of the following sections: Streets, Parks, Sewer, Water,
Vehicle Maintenance.
Ability to work cooperatively as a member of a crew or team.
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Public services Norker Level B Minimum Requirements
Meets or exceeds all the minimum requirements of Public Services
Worker Level A
Completion of two (2j years of experience at Level A
Minnesota Class B driver's license or appropriate Commercial
Driver's License
Successful completion of all applicable City safety and hazardoug -
materials training
Safe work practices and safe driving record
Adherence to City's policies in regard to tardiness and sick leave
Adherence to all other policies and procedures for City employees
Ability to deal effectively and tactfully with the public
Good knowledge of location of streets and public facilities
Working knowledge of fundamental job duties
CERTIFICATION:
For Streets Workers: Ability to use non-motorized and small engine
types of equipment in area of job responsibilities
For Parks Workers: Minnesota Non-Commercial Pesticide/Herbicide
Applicator License/Certificate
For Sewer Workers:
For Water Workers:
Certificate
Class S-D Waste Water Operator's Certificate
Class D Water Supply System Operator's
For Mechanic's Helper: Demonstrated ability in the repair of small
engines and routine vehicle maintenance
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Public services Aorker Level C Minimunt Requirements
Meets or exceeds all the minimum requirements of Public Services
Worker Level B
Completion of two (2) years of experience at Level B
Ability to work with minimum amount of on-site supervision
Good knowledge of all operations, preventive maintenanGe and
routine repair of equipment operated in area of job responsibility
Enrollment in a Public Works Certificate Program or other program
related to public works maintenance offered by a technical college
or community college with successful completion of one quarter of
course work (at least 16 quarter credits)
Good knowiedge of inethods and materials used in area of job
responsibility
CERTIFICATION:
For Streets Workers: Completion of course work (at least three (3)
quarter credits), in-service training, or certification in one (1)
or more areas including but not limited to the following areas:
bituminous technology and repait, light equipment operation, tree
trimming, traffic control, asphalt testing, sign making, pavement
marking, snow removal
For Parks Workers: In addition to Minnesota Non-Commercial
Pesticide/Herbicide Applicator License/Certificate, successful
completidn of a course at a technical college (at least 3 quarter
credits) or other certification designated by the City after
consultation with Local 49 in one (1) or more areas including but
not limited to the following: landscaping, irrigation, entomology,
forestry, turf maintenance, building maintenance and construction,
concrete finishing, and surveying
For Sewer Workers: Class S-C Waste Water Operator's Certificate
For Water Workers: Class C Water Supply System Operator's
Certif icate
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Public Sernices Worker Level D Minimum Requirements
Meets or exceeds all the minimum requirements of Public Services
Worker Level C
Completion of one (ij year of experience at Level C
Completion of a Public Works Certificate Program or other program
related to public works maintenance offered by a technical colleqe
or community college with successful completion of three (3).�.
quarters of course work (at least 48 quarter credits) , providard•....
that, during 1990 only, this requirement is waived for�~emplolree�•°
in the Maintenance II classification on December 31, I989, upon
achievement of ten years of service in the Public Works Maintenance
Division of the City
For sewer workers a Class S-B Waste Water Operator's Certificate
may be substituted for the education requirement.
For water workers a Class B Water Supply System Operator�s
Certificate may be substituted for the education requirement.
Ability to work without direct on-site supervision and to make on-
site decisions reZated to task assignments
Broad knowledge of operational aspects of public works maintenance
department/division
CERTIFICATION:
For Streets Workers: Successful completion of a certified heavy
equipment training pragram or equivalent training and experience,
and completion of course work (at 2east three (3) quarter credits),
in-service training, or certification in two (2) or more areas
including but not limited to the following areas: bituminous
technology and repair, tree trimming, traffic control, asphalt
testing, sign making, pavement marking, snow removal, and basic
carpentry.
For Parks Workers: In addition to Minnesota Non-Commercial
Pesticide/Herbicide Applicator License/Certificate, successful
completion of a course at a technical college (at least 3 quarter
credits) or other certification designated by the City after
consultation with Local 49 in three (3) or more areas including but
not limited to the following: landscaping, irrigation, entomology,
forestry, turf maintenance, building maintenance and construction,
concrete finishing, and surveying .
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APPENDI% C
PIISLIC WORKS MAINTENANCE
MINIMQM REQIIIREMENTS
Mechanic
Level A
High school diploma, GED, or equivalent.
Valid Minnesota Class B Driver's License or appropriate Commercial
Driver's License.
Successful completion of City's physical examination including drug
testing, if required.
Ability to read, understand, and follow written and or�l
instructions, includinq safety rules.
Ability to meet the physical demands of the job includinq but not
limited to lifting, bending, climbing, reaching overhead, pushing�
and pulling.
Course work or experience in diesel mechanics.
E�erience in electric and gas welding.
Two (2) years of applicable experience in auto and/or diesel
maintenance and repair with a variety of light and heavy equipment.
One (1j year of technical college course work (51 quarter credits)
in auto or diesel mechanics or certification as a Master Automotive
Technician by the National Institute for Automotive Service
Excellence. One additional year of appliaable experience.can be
substituted for up to seventeen (17) quarter credits.
Level B
Meets or exceeds all the minimum requirements of Level A.
Three (3) years of applicable experience in auto and/or diesel
maintenance and repair with a variety of light and heavy equipment
or one (1) year experience as Mechanic, Level A, with the City of
Fridley.
One (1) year of technical college course work (51 quarter credits)
in auto or diesel mechanics or certification as a Master Automotive
Technician by the National Institute for Automotive Service
Excellence.
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Community Development Department
PLANNING DIVISION
City of Fridley
DATE: December 15, 1994 �
To: William Burns, City Manaqer��
FROM: Barbara Dacy, Community Development Director
Scott Hickok, Planning Coordinator
Steven Barg, Planning Assistant
SU&7ECT: First Reading of an Ordinance Amending
Chapters 506 and 128 of the Fridley City
Code, Regarding Parking of Large Commercial
Vehicles on Residential Property
Backctround
On October 17, 1994, the Fridley City Council held a public
hearing regarding a proposed ordinance amendment limiting the
parking of large commercial vehicles on residential property.
The City Council instructed staff to address several concerns and
prepare a revised ordinance amendment for its consideration.
Staff has addressed these concerns and provides the attached
ordinance amendment for first reading.
Rey Issues
The revised ordinance includes a number of amendments to address
various issues (a summary sheet concerning the revisions made is
attached for your review). The main issues are as follows:
i. Permit requirement
As the City Council directed, staff has removed the requirement
stating that the owner of a large commercial vehicle must obtain
a permit to keep this vehicle on his property and limiting the
number of days in which the vehicle can be parked on the site.
Simply stated, the revised ordinance proposal allows a property
owner to keep one vehicle in excess of 12,000 pounds licensed
gross weight on his residential property provided that all other
criteria set forth in the ordinance are fully met.
2. Idlinq
Staff investigated the City Council's concerns relating to
�
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First Reading; Large Commercial Vehicles
December 15, 1994
Page 2
excessive noise and fumes created by vehicle idling. The
Minnesota Pollution Control Agency (MPCA) has no restrictions
pertaining to so-called "impact noises" which would address the
starting of loud vehicles. In addition, MPCA rules state that no
local government unit may set standards more stringent than the
maximum sound levels established by the MPCA.
Staff spoke with the City's Public Works Superintendent, Paul
Lawrence, and large truck operators to determine a reasonable
standard for idling large diesel powered vehicles. From these
conversations, it appears that 30 minutes is a reasonable maximum
time period for idling large diesel powered vehicles even during
very cold weather. Bob Hartwig who is involved with a national
over-the-road truckers association has contacted manufacturers of
such vehicles and was informed that a 30 minute maximum idling
time is reasonabl.e and should be observed.
In addition, staff conducted a sound test using a Public Works
vehicle with a licensed gross weight of approximately 27,000
pounds, which is similar in size to the larger truck owned by Mr.
Webber of 1371 - 75th Avenue N.E. This test revealed that the
sound produced by this vehicle exceeded the L50 standards of the
City's noise ordinance (applies to noise occurring for 50� or
more of any one hour period) and therefore should not be idled
for more than 30 minutes in any one hour period. Staff's
revision to the ordinance proposal reflects this change.
3. Definitions
Staff has included additional language
passenger automobiles, pick-up trucks,
the revised ordinance clearly specifies
trailers are exempt from the provisions
Notification
in the ordinance defining
and vans. In addition,
that boats and boat
of this ordinance.
Staff mailed letters to each of the 37 residents who attended the
October 17, 1994 public hearing. These letters included a copy
of the revised proposed ordinance amendment and stated that this
ordinance would be considered for first reading at the December
19, 1994 meeting. Unfortunately, the revised ordinance included
reference to the permit fee; this was an oversight. The attached
ordinance does not contain reference to a fee.
RECOMMENDATION
Staff recommends that the City Council approve the attached
ordinance for first reading at its December 19, 1994 meeting.
SB/dw
M-94-750
. �
AMENDM8NT8 TO REVIBION OF CHAPTER 506
1. Changed 506.13.02 to delete permit requirement and to
require that the vehicle cannot be idled for more than 30
minutes in any one hour period.
2. Added definition of passenger automobile before definition
of "Residential Districtn:
4. Passenaer Automobile
scooters, and buses as defined herein.
3. Added definition of "Pickup Truck" after passenger
automobile:
5. Pickup Truck
"Pickup truck" means any truck with a manufacturer's nominal
rated carryinq capacity of three-fourths ton or less and
commonly known as a pickup truck._
4. Renumbered remaining definitions up to definition of
"Vehicle".
5. Added definition of "Van" before definition of "Vehicle".
12._ Van
"Van" means anv vehicle of box like desiqn with no barrier
or separation between the oDerator's area and the remainder
of the cargo carrving area and with a manufacturer's
nominal ratina capacity of three-fourths ton or less,
6. Changed 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 506.13.01."
7. Referred to Minnesota State Statutes in definitions of
manufactured home, travel trailer, and truck.
8. Deleted "trailer" and added "van" to the definition of
"Large Commercial Vehicle", 506.02.02.
•-
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Q
i
DATE:
TO:
Com.m.unity� Development Department
December 8, 1994
��][�ANN]�G �IVISION
City of Fridley
William W. Bw�qs, City Managec
FROM: Barbara Dacy, Community Development Director
Scott J Ii'ickolS Planning Coordinator �
c�Steven Barg, Plarming Assistant
SUBJECT: Questions Regar�ing Large Commercial Vehicle OrdinancelStarting & Idling
Large Trucks
Staffunderstands that the City Council has expressed concerns and asked questions regarding
�, . several-issues pertaining to the noise,and,odor created, by the, starting and idling of large diesel
powered vehicles. Staffhas researched these concerns, and would like to provide the following
response:
1. Does the State have standards reg,arding "impact" noise?
Charlie Hendricks of the Ivlinnesota Pollution Control Agency (I��CA) states that
in 199U they considered an "impulse noise" rule which would establish sound limits
regarding these so-called impact or impulse noises which occur for brief
increments of time. This rule would have affected sound produced by starting of.
vehicle engines. The MPCA decided not to pursue adopting such a rule based
primarily on enforcement difficulties, and the lack of similar standards in other
states as revealed by MPCA research. Therefore, no standards regarding impact
noise currently exist.
2. Can the City adopt noise standards more restrictive than the State statute?
Subdivision 2 of Minnesota State Statute 11 b.07 (copy attached) states that: "No
local governing unit shall set standards describing the ma.�cimum levels of sound
pressure whieh are more stringent than those set hy the Pollution Control Agency."
Staff discussed this matter with Mr. Hendricks who confirmed that the State �vill
not permit municipalities to enact legislation regulating sound limits more strictly
than State requirements.
3. What should constitute "reasonable idlinQ"?
Staff spoke with Paul Lawrence, Public Works Superintendent, and Gary Phillips
9C
�I11cLIC1 �%. BUI11S
December 8, 1994
Page 2
of Gary's Automotive in an attempt to detemune what would constitute a
reasc�nable time period for idling diesel powered vehicles. Based on these
discussions, staff believe� that 30 min�tes would scem a reasonaUle time period for
such idling, even in extremely cold weather. In addition, a significant reductiuti in
necessary i@ling time and undesirable fumes/smoke produced can result from
plugging in these vehicles to keep them heated when not in use.
4. What noise leveis are produced by larg,e trucks?
Staffconducted a test to detemune the sound levels produced by diesel powered
� vehicles. Stafftested a Public Works truck, (Ford L8000) with a licensed gross
weight of approximateiy 27,000 Ibs. which would be similar to the truck owned by
Mr. Weber at I37I - 75th Avenue N.E. Staffdeternuned the noise levels to be as
follows:
a. 10 feet from the vehicle - 76 dBA
b. 25 feet from the vehicle - 71 dBA
."' c. SO feet &om the vehicle - 67``dBA ".
Staffvideotaped this test should the Council wish to review it at a future time.
Based on the above information, staff recoinmends that the large commercial vehicle ordimance
include a provision limiting idling of vehicles to 30 minutes in any one hour period. This would
conform to the normally enforced L50 standards of the City's noise ardinance which apply the
50 dBA and 60 dBA limits (night and day, respectively) to noise occurring for 50% or more of
any one hour period. Although this is more restrictive than the Coon Rapids ordinance, it seems
reasonable to Iimit idling in this way to more appropriately address neighborhood concerns.
Please let us know if you have questions, or wish to discuss this further.
SB:da
M-94-730
•�
.: \`
! 16.07 POLLUTION COIYTROL GF,�7C1 i,,,
;�>- _ .
��; ��_ �;•. ,:, to human ,health or welfa aiiima( or plant 1itc, or property, or could intcrfcrc unrra•
,��=;i ,��u,,� ,:� &onably with,the enjoym of fifc or property. [n adopting standards, thc poflutic►�
control agency shail givc du r�cognition to the fact that thc quantity or charactcrisc�c�
- ,.: .; � of noise orthe duration ol�ts presence in the outdoor atmosphere, which ma.• caucr
.:;,� :;, :noise.poliution in one area Olthe state, may cause less or not cause any noise pollui,���
,. . in another area oCthe state,:�nd it sfiall take into eonsidecation in this connecti'on si:ch
,, , factors, inciuding others which it may deem propec, as existing physieai conditi�».
:;, �;:.;:_;,��;:, .: zoning classifcaiions, topography, metcorological conditions and thc fact that 3 s�: r..
�'•_ „.. ..:. dard �v�ich, may be prope 3in an essentialiy residential area of the state, ma�� not t+s
�, �i.c�.� ;,�::. �u,:iproper,as:to:a highiv devel rndustrial area of the state. Such noise standards shat�
b p p c�c�n�.owledge as well as effects based on technically subseanu•
zt����;• r •;� �.: e: remisedu onscientifi
���� )c,ca� a�,ver,��ted�FrEtecia;a�d,commonl�accepfed.praetices.
. t . -. .sa.aa.n-°7-1...,�,.�..., � � .;.aq
'�, r T rti ,�,�; �, e�,� „ ;� rTh�.pollution control �ency-shall adopt standards for the identification of hazar�-
1:, .�. ��� ,�, !.,+.:: .._. �_:� ,flus aua�te and, for the management, identification, labeling, classi6cation, storaec. r�,!.
_�: � nf i.:� leetion;,transpo�tation, pro�essing, and disposal of hazardous �-aste, recognizing �a�a
' �:r � ���! :« �� � :•��; due to.variable factors, a sicigle standard of hazardo.us waste control may not be app�u: -
.;�F ;. ��,; �..;, •ble. to:at! areas of the state:=[n.adopting standards, the pollution control agenc.- s:�a':
�, t� �; , Y, �,�: :�ecognize t:h�t elements ofoontcol which.may be reasonable and proper in densel.� �<�;�-
� �, : s,..� .. ulated:areas;of the state m�y be-unreasonable and improper in spanely populated o:
�` ,
�� �, � s, ,' r�mote. areas: oEthe state. Tbie agencyshalt consider existing physiral conditions, to�t�c-
�rt a�;;3 y;�ct t..�a � t,s>. �raphy.-3oi15;.and geology, c�tnat� transportation and (anduse. Standards of hazardo�:�
'�; „ , waste contt�ol shal! be prem�se�_on technical knowledge, and commonly accepted prs�-
:k:. � ��r .�; � :'. ,:tices: Np,Joieal governmen�uritt stfaq set standards of hazardous waste control u�hi��.
i�' ,,< �.:,�'.:sc;;;r, :.�.�te,in:_conftict or inconsist�tzvith� those set by the poilution control agenc.�.
,c .'; ,;::•.r ;•,•;,; : A;person �vho generates iess�than 100 kilograms of hazardous waste per moaan :�
•� i�� :�.� ,_:. : exempt from the agency haiardous ��aste rutes retating to transportation, manifcs:i�;.
�� r:�. ; storage,: and labeling for photographic 6xer and X-ray negative ��•astes that are h�za:.'•
,.:
's;° ,,.:, i�,: .� aus;solely because of silverycontent. Nothing in this paragraph exempts the gcncr�:: -
��;,; ��; :. €rom thc agencv s rules relaiing to on-site accumulation or outdoor storage. � poii'•=.:a:
�,�_� � ,:�.: subdivision or other local=unii of eovernment may not adopt management reqcs'=•
�� ,.:��;;_ � ments that are more restriceive than this paragraph.
i �,.�:�s. . Subd. 2a. Exemptions from standards. No standards adopted by any stat� aa:-.:•
, ,:.; for limiting le�•cls of noise in terms of sound pressure which ma�� occur in th� ou':'�='"
.
'' atmosphere shall apph• to ( I) se�ments of trunk highwa}•s constructed ��•itt� �:.:: �-
' interstate substitution monep, prot�id:d that all reasonabl.• availablz noise miti_<::� -
' :, ,, ,,, ,. measures nre cmplo�•ed �o ab:�te noise, (2) skeet, trap or shootinQ spons clubs. ;%' �'
�: :�t _ �: the holding of motor �•ehicl� rac.� e�•�nts conducted at a facilit�• sp�cificall�� de�:-.�-��
� ;.�.:+ � •;. for.,that ;purpose that was in operation on or before July 1, 19S �. ti'othing her�ir. ��•--
-.;i�.. �..,r ;. ., prohibit a local unit oi government or a public corporation a�ith the po��er to �����•�
:�. •. �,�;;;, i ,.�,, '.rules fpc the go�trnment of�its reat pcoperty from regulating the location and ope'�=`� -
� f�.� ;,� of skcet. trap or shooting spons clubs, or tnc holding of motor �'ehicle raec e�'cn.` :�`���
•. � . ducted at :t f<tcilit�- s�����fc�ny dcsiened for that purpose that ���as in oper�tion �;'� ''�
• bcforc Jul�' 1, I�>�;.
Subd. 3. :ldministr.iti�•c ruk-s. }'ursuant and subjcct to thc pro��isiuns of :i�:::•:`'
,:, , ; 14, and thc pro�•isions hcreof, thc poil�tion control agcncy ma}• adopt, amcn�. :'�="
,�, .- ,±,, :, , rescind rulcs go�•�rning its o•v+t;�dsniz�istration and proccdurc an� its stafi'and cmi'��'�
ccs. {
i Y - ..
.�., ;,:i ,; ,;;. Subd. 4: ltulcs :�nd stand��ds. 1'ursuant and subjcct to thc provisions ol chai �-•
`' .:;;t;;:; 14, and thc provisions hc�cof; thc pollution control agcncy may adopt, amcnd -^�
,.:, ,;,resCind rulcs and standard� h�.ving thc forcc of law rclating to any purposc ��•ithin �� =
,. , provisions of ta��s � 9G9, ctiaptcr f 046, for tfic prcvcntion, abatcmcnt, or control �i =='
. pollu[i�n. Any such rulc orst:u►dard may bc of 6cncral application throughout th� st=:�-
j , or may bc limitcd :�s to timcs; placcs, circumstanccs, or conditions in ordcr to !na"�
� duc allowancc for variations-tl�ercin. �Vithouc 1i A�ion, rulcs or standards ma>' ���-'t'
7
�, j sources or emissions o
yuon ofsuch emissions, a
atmosphere or to an}� ot
�of air polluiion.
�, Pursuant and subjec
!�{he pollution control agei
,:the force of taw relating
-'�10�b, for the collec�ion, t
;�and the prevention, abat�
�berelated thereto, and cl
�to cause pollution. The a
x�..
�eddressing the intrinsic si
M1a"
�sludge of various degrees
�tits,and sites. The aeenc� -
.io sections 14.29 to 14.3t
�;the emergency rules shall
;r;,1982, whichever is ear
vi�toughout thestate or m
Fin order to make duz allo�
`'dards may relate to colle
z�...
St�on, procedures, method:
.prevention, abatement o
advised through the cont
'solid waste and sewage sh
�may tend to cause polluti�
age�sludge shall include a
sioner of agriculture to b:
of section 18C.2 ! �.
�':'� Pursuant and subjec:
tfi'e'pollution control agen
'ihe force of law relacing i
727, for the pre�ention, at
; �.
dard may be of general ap
places, circumstances or
thtrein. �Vithout limita;i:
noise or noise pollu;ion. «
ment, or to an�� oth� * m�: '
��.�• As to any matte: s su�
� sion regulations u-itn res� .
GS: '
-;:sct by the.pollution .or,t-
-� •. :
; Y�`'�-- Pursuant to chapter
; �.,,rescind rutes and s�and: :.
:�::�pro�-isions of this ci:::pter
��`���ation, labclink. rlassihr
.: � ing, and disposal oi i�az,:r
:�=�nsle or stanciard ma�: bc c
:�'� to time, p4ac�s, circun::
;�?Uks, thc pollution contrc
"�.tochnical assistancc to h3�
' �� inv�t�gating thc a��ailat
�a'stemanagcment methc�
'hon,-waste proccssing, res
���� �� pottution ccmuol
�ts to authorir.c dis�osal
e�idcncc conccrning civ
�bY altcrnati.•c mrth,�
ORDINANCE NO.
AN ORDINANCS RBCODIFYIN(�i THE FRIDI,EY CITY
CODS, CSAPT$R 506, ENTITLED ��9SHICLE
PARRING��, BY AMENDING BECTION 506.02�
��DSFTNITIONB��, AND 506.13, ��PARRZNG I�i
R88IDENTIAL DISTRICTB��: AND CHAPTLR 1Z8�
BNTITLED ��ABATEMENT OF EBTERIOR PQBLIC
NQIBANCEB��, BY AMBNDINQr SECTION 128.02�
"APPLICATION��� ANQ.ItENIIMBERIN(�3 THS RSMAININQ
SECTIONS CONSECIITiVSLY
The Counci3. of the City of Fridley does hereby ordain as follows:
506. VEHICLE PARKING
506.02. DEFINITIONS
1. Bus.
s��li�.�.e��"Busn means every motor vehicle designed for
carrying more than 15 nassengers including the driver and used
for transporting oersons.
2. Large Commercial Vehicle.
�i truck, truck-tractor, tractor, semi-trailer, van. or bus as
defined herein havinq a licensed qross vehicle weight over 12,000
pounds.
�-3. �����e ne --a "-��e-4�a�e�Manufactured Home: Park
^ Trailer: Travel Trailer.
�.-vv° . n � � c�.,t.,a � � o
�"Manufactured home" has the meaning qiven it in
Minnesota State Statute Section 327.31. subdivision 6.
�"Park trailer" means a trailer that:
,1�. exceeds eight feet in width but is no lar,�,qer than
400 sauare feet when the colla,psible components
are fully extended or at maximum horizontal width.
and
21 is used as temporary living quarters. "Park
trailer" does not included a manufactured home.
9F
Vehicle Parking Ordinance
Page 2
u "Travel trailer" means a trailer mounted on wheels
that:
1�, is desianed to �rov'de �emporarv living,�arter
�
vehicle; and
3,1 complies with Minnesota State Statute Sections
�.69.80, subdivision 2, and 169.81, subdivision 2.
4. Passencxer Automobile.
"Passenger automobile" means anv motor vehicle designed and used
for the carrYinq of not more than 15 nersons including the
driver, and does not include motorcycles, motor scooters, and
buses as defined herein.
5. Pickup Truck.
"Pickup truck" means any truck with a manufacturer's nominal
rated carrving capacity of three-fourths ton or less and commonly
known as a pickup truck.
3.6. Residential District.
Means and includes those areas zoned single family dwelling
areas, two family areas, and general multiple family areas (Ref.
552 ) .
�4:7. Semi-trailer.
���-i�s-ie�4-"Semi-trailer" means a vehicle of the�trailer type
so designed and used in conjunction with a truck-tractor that a
considerable part of its own weight or that of its load rests
u�on and is carried bv the truck-tractor and shall include a
trail.er drawn by a truck-tractor semitrailer combination.
r8. Tractor.
nt�d=:�.s3��: "Tractor" means anv motor vehicle desiqned or used
for drawing other vehicles but having no provision for carrying
loads independently.
9G
Vehicle Parking Ordinance
Page 3
6-:-9. Trailer.
r�=se��=r+�=:.r—�=.=s��i� =:ti�rr�ir:�=r�.= -�-�-.-i=i=�-���-�.z=�����-.-�i=��rti
tractor semitrailer combination or an auxiliary axle on a mo��r
vehicle which carries a portion of the weight of the motor
vehicle to which it is attached.
�-10. Truck. ,
fl•-'��_:�.�-ren—�A-: "Truck" means anv motor vehicle designed and used
for carrying thinqs other than passencrers excevt pickup trucks
and vans as deEined herein.
�11. Truck-��tractor.
c••v�'"�i��9"rr�-"Truck-tractor" means:
� a motor vehicle desiqned and used primarilv for drawincr
other vehicles and not constructed to carry a Zoad
other than a uart of the weiaht of the vehicle and load
drawn; and
� a motor vehicle designed and used �rimarilv for drawincr
other vehicles used exclusivelv for transportinq motor
vehicles and catiable of carrvinq motor vehicles on its
own structure.
12. Van.
"Van" means anv vehicle of box like design with no barrier or
separation between the operator's area and the remainder of the
cargo carr�inc,i area and with a manufacturer's nominal ratina
caAacity of three-fourths ton or less._
�13. Vehicle.
."Motor Vehicle" means anv self-orooelled
vehicle not operated exclusiveZy upon railroad tracks and a�
vehicle proAelled or drawn bv a self-uropelled vehicle and
includes vehicles known as trackless trollevs which are prone].led
bv electric power obtained from overhead trolley wires but not
operated upon rails, except snowmobiles, manufactured homes. park
trailers. and all-terrain vehicles.
9H
Vehicle Parking Ordinance
Page 4
506.13. PARKING IN RESIDENTIAL DISTRICTS
�a3-�e���rs ; -ine�i �e�re�e�se-��-�r-�e�e �
3����-g�es��e�g� ���.;-A89-�e��t�;-��e�e�z�e�es� e=
�at-�e�rr�e�e�-t�ie-��i-�e-�t�ee��s��r-a��es�ele�����-d-i-�t���
� F —r.r, � '� � 3..a?
s�te�r-�e�e�e€-��e-�teeess�a�-�s�e�«-����ea�-{�e= �:
l.
requirements. In no circumstances may more than one large
commercial vehicle be parked on residentially zoned
propertv.
A. The owner or operator of the vehicle must reside on the
prouertv.
B. �he vehicle shall be parked on a hardsurface driveway
in comnliance with the applicable zonincr district
requirements.
C. Noise from idling the enaine shall not exceed the
hour p,eriod.
� The permitted vehicle shall be parked at least ten (10�
feet from the front property line.
2. Recreational vehicles as defined in Minnesota State Statutes
168.011, Subdivision 25, boats and boat trailers are exempt
from the provisions of Section 506.13.01.
3. School buses which are parked or stored on church.properties
and used in conjunction with church related activities are
exempt from the provisions of Section 506.13.01.
4. Large commercial vehicles parked at hotels and motels as
defined in Chapter 205 of the Fridley Zoning Code are exempt
from the provisions of this Section 506.13.01.
5. Large commercial vehicles not in compliance with the
provisions of this Chapter shall be removed from the
propertv by March 1. 1995. Large commercial vehicles parked
in violation of Chapter 506 shall be considered a public
nuisance and may be abated as provided in Chapter 128.
�
Vehicle Parking Ordinance
Page 5
6. No �erson shall oark or leave standincY a truck tractor,
semi-trailer, bus, manufactured home. �ark trailer, travel
trailer, or truck having a licensed gross weiqht over 12.000
pounds, whether attended or unattended, ypon the public
streets in any residential district unless in the orocess 9f
loadinQ or unloading and then only for such Qeriod of time
necessary to load or un�oad Lef. 552, 741).
128. ABATEMENT OF EXTERIOR PUBLIC NUTSANCES
128.02. APPLICATION
This Chapter shall apply to the abatement of public nuisances
maintained exterior to the principal structure involving junk
vehicles (as defined in Chapter 123), larqe commercial vehicles
having a aross licensed weight over 12,000 pounds, which are in
violation of the provisions of Chapter 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. �
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY
THIS DAY OF , 1994.
ATTEST:
WILLIAM A. CHAMPA - CITY CLERK
WILLIAM J. NEE - MAYflR
Public Hearing: October 17, 1994
First Reading:
Second Reading
Publication:
�r
�
December 6, 1994
Barbara Dacy
Community Development Qirectar
Ciry of Fridley
6431 University Ave. N.E.
Fridley, Mn. 55432
Dear Ms. Dacy:
I received your letter informing me that the City Council had reviewed the video ta.pe I
submitted on or about November 4th, depicting the " truck activity at 1371 - 75th
Avenue ", that you are returning the tape and that yaur office has been asked to submit a
revised ordinance regarding the parking of large commercial vehicles on private
property.
It is appazent to me after reading the directions you and your staff were given by the
City Council, that the City of Fridley has not cleazly understood my complaint regarding
the trucks parked at the 1371 - 75th Ave. residence.
I have appeared twice before the City Council (in April and October) voicing my
complaint of the noise caused by the trucks in my neighbors driveway, providing an
audio tape of the actual noise we hear from the front bedroom of the house, submitting
photographs showing that these trucks are indeed parked 15-40 feet from the bedrooms
of my home, and lastly, providing the video ta.pe which clearly shows the activity, the
proximity of the trucks to my house as well as the noise we hear from them.
The proQosed ordinance, quoted from your letter to me dated December 1, 1994 reads:
"The Council's direction to staff is to prepare the ordinance for first reading at the .
meeting on December 19, 1994, (Notices will be sent out in the beginning of December).
The Council asked staff to draft the ordinance such that the permit requirement proposed
at the public hearing in October will be eliminated. The ordinance would permit property
owners to have one large commercial vehicle on the property if it is stored on a hard
surface driveway, if the owner/operator resides on the premises, and if it is parked 10 feet
from the front praperty line. We are currently researching an "idling requirement" similar
to the standard obtained from the City of Coon Rapids ordinance (no more than one hour
in any six hour period)."
As I see this ordinance if passed as written:
1. Me, my family and neighbors, will only have to live with one noisy truck, instead of
the two that are currently parked at the 13'� 1 address.
�►�
2. That by law, my neighbor has to park the truck no closer than 10 feet fram the front
property line which by law, forces him to park the truck dosest to my house as he is
currently dang !!!!t
3. To add insult to the injury we have been enduring the past year, he will be atlowed to
let this truck, parked 15 feet from my front bedroom, 25 feet from the second bedroom
and 35 feet from my back bedroom, run (idling� for up to ONE HOUR (in any sia
hour period) each and every morning, afternoon, early evening and night, if he so
chooses !!!! We still will not be able to leave our bedroom windows open on summer
nights due to the noise at startup. (usually 6:30 am)
I cannot accept this ordinance if written as praposed in this draf� If Fridley is not going -=
to adopt a total ban on �ctivities like this as the majority of it's sister cities have done,
then why can't the ordinance be written that the vehicle be parked as faz away from the
closest dwelling as possible? This would at least force the remaining mlck to be pazked
an additiona120 feet from my bedrooms, and still stay within the hard surface/10 feet
from front groperty line requirements as set forth in the proposed ordinance.
I would like you to know that I took the opportunit}+ to watch the video tape of the
November 21st City Council meeting. The council was addressing a request by a Fridley
resident to put up a temporary 3 by 5 foot sign in his/her front yard. The sign was to
advertise a tax preparation senrice and would only be up from January thru April. The
Council members unanunously rejected the petitioners request stating that the sign, and I
quote " woutd violate the residential integrity of the neighborhood ". During the
December Sth meeting, concern was raised about noise �rom the equipment operating at a
newly proposed M-3 site, and how it would affect the residential neighborhood 350
FEET AWAY !!! Concem was raised by Ms. Jargenson regarding the rezoning of the
Gilstad property and the property adjacent to i� She was concerned that proper screening
be erected around a parking area to " maintain the residenbal quality ".
In closing, please reflect an all the materiaLs I have provided of the trucks parked next
door to me and define " residential integrity ", and " residential quality " as used in the
examples abave, and tell me how they differ from the situatian I have next door to my
home.
Sincerely, �
lJ1�..
Donald M. Gonko
.ce Fridley City Council co/City Manager
DMG:amg
9L
r
�
,: � . � ..:: . ; 1.24..D2.
. 124. NOISE : � �
.
. ;
(i�ef. 733, 834) . _ . . ,_ _ . -.
/' (This Chapter has been reoodified as of July 9, 1985 an�3 includes all _:
amendnents to the Cl�apter enacted by -the City �unci]. prior to said date) -.
� (Sec�nd Readingz Jtuie 17, 1985) -
.
124.01. PORP06E PURP06E�-
Zhe Cbuncil of the C�1y of Fridley deens that certain levels and
zunounts of noise are e�etrimental to the health, safety and general
wplfare of the public. ,
124.02. D�EFINTTDCN.S
1. Air Circulation Devioe.
A mechanisn desi�ed and used for the oontrolled flow of air used in
ventilating, 000ling, or oonditioni.ng including, but. not limited to,; :
ce�ral and windaw air bonditioning units.
2 . G�ty.
' A noise vontrol offioer, peave offioer, or any other duly appointed
representative of the City as desic�ated by the City ManacQr.
3. Decibel.
D�FFINITIOlVS
A uti.t of sound pressure level, abbreviated c�. I
, _, ,.:
' 4. r;�A. ;.. . _ .
� A unit of sour�d level. : c�A- is the weighted pound pressure level b�
the use of the A metering characteristic and we�ghting as specif ied
' � in ANSl Specification for Sound Level l�ieters, S't.4--1971, which is
hereby incor.porated by reference. For the purpose of those
. regulations, c�A is usec? as a measure of`hunan response to sound. :
5. E�chaust Systan.
A ca�ination of components which provides for enclosed flow of
exhaust gas frori engirn_ pazts to the atrnosphere.
6. L10.
Zhe sound level, expres9ed in decibels (c�A), which is exceeded ten
percent (10�) of the time for a or� (1) hour period, as measured by
a sounci level meter having characteristics as specif ied in the
latest standards, 1.4. of the American National Standarc� Institute,
and using test procedures appraved by the City.
7. I50.
�e so�md level similarly expressed and measured which is exceeded
fifty percent {50$) of the time for a one (1) hour period.
8. Noise.
A� excessive and unnecessary sound not occurring in a natural
� envirornnent including, but not limited to, sounds esnanating from
` `� aircraft and highways, ano inc3ustrial, commercial and residential
�_. souroes.
9M 124-1
9. F�rson.
An indivic7ual, fi rn►, partnership, oorp�ration, trustee, association,
the state and its agencies and subdivisions, or any body of persons
whether inoorporated or not, With respect to acts prohibited or
required herein, "person" shall inc�lude emglayees anc3 lioensees.
io, so�a.
An oscillation in pressure, stress, particle clis�laarnent, particle
velocity, etc., in an elastic or partiaZly el.astic medi�n, or the
superposition of such propagated alterations.
11. Sotmd Pressure Level ( SPL) .
20 tunes the logarithm to the base 10 of the ratio of the pressure
of a sound, p, to the referenoe pressure, pr. For the purposes of
these regu].ations, ttie refere�oe pressure shall be 20 micronewtons
�r uare m ter (20.0 �/m2 �• In eq uation form, Sound Pessure
evel�in tuu�s oE decibels is expressed as SPL (dB) = 20 2og lOp/Pr.
12. sotuia Rec�eiving vnit. . -
A person, activity, animal life, or property which is affected by
noise.
124.03. RF�CEIVII�IG LAI�ID DSE ST�
1. Zhe sound level reo,ruirements of this Section shall apgly at the
� property or zonina lines of the sound re�oeiving unit. Measurenents
� m� be made' `at any `location on the property for< evalc�ation purposes
and to a.id in the enforcaesnent of other sections of this Q�apter.
2. Zhe sound levels as statec� belaw shall be the highest sound
levels permitted in each of the zoning districts as defined in
�apter 205 of the Fridley C3ode.
ZaLing Districts
Residential. and Public
Go�unercial and
Planned Devetopnent
Inaustrial
I�AY
I50 L10
(7 a. m. - 9 p. m. )
60 65
65 70
75 80
NIGHT
L50 I10
( 9 p.m. - 7 a.m. )
50 55
65 70
75 80
3. So�md levels resulting fran cunulative tra�vel of �otor vehicles
on State and CoLmty hir�ways and rail roads are exempt f rom these
Reoeiving Land Use Stanc3ards but not other sections of this Chapter
relating to motor vEhic2es and rail roads. This does not exempt
individual motor vehicles frcm any and all federal, state, or local
regulations. It is the int�t of the City to reduce highway noise
in the various land areas surrounding highways to or below the
requirenents of this Section when and wherever possib�le.
124.04. M�`1DR VgiICLFS NOISE LIM1T5
No person shall operate a motor vehicle in the City in violation of
the motor vehicle noise limits oE the Minnesota Follution Control
Agenc.y. (Minnesota Statutes Section 169.693) .
9N
.124.04
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M7It�R VFIiICZE
NOISE LTMTTS
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124-2
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124.05. Cg1�L AIIt aC[�IDITION]NG D�UI�r
�' No person shall permanently install or pl ace any central ai r
� oonditionina c�vice, except a wirx3ow air oonditioning unit, in any
front or side yard without a permit fran the City. Window air
oonditioning units are exenpt fran the pravisions of this Section,
exoept that the noise produoed by $uch wirx3aw units, as well as by
all existing air circulation devioes, shall not be in violation of
Section 124.03 of this Chapter.
124.06�. OPSRAT1lONl�L LIMIiS
1. Recreation Ve�icles.
Recreation vehicles shall be subject to M.innesota Statutes Sec�ion
84.90 ana Chapter 703 of the Ci.ty O�de.
2. Outcioor Power Implenents. .
I3o person shall operate any outc'�or pawer im�lenent including; but
nat limited to, gasoline or electric lawn mawers, hedge clipgers,
chain saws, mulchers, garden tillers, edgers, or such otheit
im�l.ar�ents c3esic�zed primarily for outcloor use, at any time other
than between the hours of 7:00 a.m. and 9:00 p.m. on weekdays and
9: 00 a. m. and 9: 00 p. m. on weekends and na ti onal 1 egal hol idays.
Snow renaval equipnent is exenpted fram this pravision. �.
124.D7
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OPERATIQNAL
LIM1i5
3. �nstruction Activities.
- - _ _ , _.. . _ . ,., _
� �nstruction work hours shall be subject to Chapter 206 of the City
Oc�de.
4. Ref use Haul ing
Refuse hauling hours shall be subject to Section 113.10 of the City
Cbde.
124.07. HTBLIC NUISANCE NOISES PS�Ci3IBITID
it shall be unlawful for arry person to make or cause to be made any
distinctly and loudly audible noise that unreasonably annoys,
disturbs, injures, or endangers the health, safety, and general
welfare of ariy persons o� precludes their enjoyment of property or
affects tt��eir property's value. 7he follawing acts, aanong others,
are declared to be nuisance noises in violation of this Chapter, but
�id enuneration shall not be 3eened to be exclusive.
1. Horns and Audible Sic�aling Devioes.
No pers�n shall sound any sic�a].i.ng device on an�� vehicle except as
a warning of danger (DLinnesota Statutes Section 169.68) .
2. F�dios, Phonographs and Paging S�istems.
No person shall use, operate, or permit the use or operaticn of any
radio reoeiving set, musical instr�nent, phonograph, paging systen,
machine or other devioe for the proa'uction or repra3uction of sound
(� '+ in a distinctly and loucIly audihle manner as to disturb the peace,
�% quiet and oanfort of any �ersons nearby.
AJBLiC
NCIi.SANCE
NOLSE
PF�i7BITID
90 124-?
�
124�9� �
3. Participation in Noisy Parties or Gatheri.ngs.
I�b person shall particigate in any party or other gathering of
people giving rise to noise, disturbing the peaoe, quiet, or repose '
of other persons. When a peaoe offioer determines that a gathering =
is creating such a noise disturbance, the officer may order all .
persons present, other than the owner or tenant of the preaises ,
where the disturbanoe is occurring, to disperse imaaediately. No �
person shall refuse to leave after being ordered by a peace offic�r
to cb ao. �ery o�wr�er or tenant of such preiiises who has knowledge
o� the disturbance shall make every reasonable effort to see that
the disturbance is stopped. •
4. Loud Speakers, Amglifiers for Advertising.
F�cccept as perniitted iyy Section 124.07 .5 � No person shall operate or
�ermit the use or operation of any louclspeaker, sounci amglifier, or
other devioe for the production or reproduction of sound on a street
or other public plaoe for the puzp�se of oarmiercial advertising or
attracting the attention of the public to any commercial
eGtahtishanent or vehicle.
5. �cception for E�ooc�/Beverage Vehicles.
Not withstanding any other prwision to the oontrazy, food/beverage
vehicles may sound a manually operated bell, between the hours of
10:00 a.m. and 4:30 p.m., and 6:00 p.m. to 8:00 p.m. in any area
zoned o�miercial or inc3ustrial, and only between the hours of 1:00
p.m. . and 4:30 p.m, and 6:30 p.m. to 8:00 p.m. in any area zoned _
residential. or other than oa��ercial or irx3ustrial which' produces a „_�
noise level n�asured at a distance of 50 feet from the source no �.
greater than 65 decibels. (Ref. 834)
6 . Prnimal s'.
Animm�l.s shall be subje�et to C't�apter 101 of the City Oode.
7. Exhac�sts.
No person shall discharge the exhaust or pernut the discharge of the
exhaust of ar�� stean engine, stationary internal combustion engine
or motor boat, motor vehicle, or snc�,m�obile except thro�gh a �uuffler
or other device which will effectively prevent loud or explosive
noises therefran ann oo�nplies with all applicable state laws and
regulations (Minnesota Statutes Section 169.69) .
8. Defective Vehicle or Load.
No person shall use ar•y vehicJ.e so out of regair or so loaoed as to
create loud and unneoessary gratir.g, grindinq, rattling or other
noise.
9. Loading, Un7.oading, Un�cking.
No person shall create loud and excessive noise in connection with
laading, Lmlaading, or unpacking of ariy vehicle.
�_�
gp 124-4
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124.08. EXCEPr�ON FOR E1�bGFNCY WORR
; Noise created exclusively in the performance of �nergency w�ark to
% preseLVe the puhlic health, safety, or general welfare, or in the
performance c� energency work neoessary to restore a pu4lic servioe
or eliminate a public hazard, shall be exenpt fran the �avisions of
this Chapter. Ariy per9ons responsible for such energency work shall
take all reasonable actions to minimize the�amount of noi9e.
124.09. FI�RCE'�I1T
1. Acfiinistration.
�.he noise control program established by this Chapter shall be
ac3ministered by the City.
2. �esting Prooedures.
?he City shall a3opt guidelines estal�lishing the test procedures and
instrunentation to be used in enforcing the provisions 'of Section
124.03, which imFoses noise stania�rds. A copy of such guidelines
shall be kept on file in City Ball and shall be available to the
puhl�ic for reference during offioe hours.
3. Studies.
�e Caty shall oonauct such research, monitoring, an6 other studies
related to sound as are necessary or useful in enforcing this
Chapter and reducing. �noise in the City. The City shall make: such
investigations and ir�s�ections in acc�rdanoe with law as required in
applying the r�3uirenents of this Chapter.
4. I�bise Im�ct Statenents.
7he (S.ty may require arry person apglying to the City for a change in
zoning classification or a permit or license for any structure,
operation, prooess, installation or alteration or proj ect that may
be considered as a potential noise souroe to sut�iit a noise impact
statenent on a forn�� prescribec3 by the City.
5. C�vil Action.
Zhe provisions of this Ciiapter may be enforc�ed through ir.j unction,
mandamus, or other appropriate civil renedy.
6. Ot-her i�wers and Duties.
�he City shall exercise such other powers and perforn�� such other
duties as are reasonable and neoessary to enforoe this Chapter.
124.10. VARIAN(�'.S
Zhe C�ty O�uncil shall have authority, oonsistent with this Section
to grant variances frcm the requirenents of all sections of this
Chapter.
124.11. PII�LTIF.S
Zhe violation of any provision of this Chapter, except Section
124.04, shall be s�jeck to Chapter 901 of the City Qode.
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VARIANC�S
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Community Development Department
� G DIVISION
City of Fridley
DATE: December 15, 1994 �
TO: William Burns, City Manager ��
FROM:
Barbara Dacy, Community Development Director
Scott Hickok, Planning Coordinator
SUBJECT: First Reading of an Ordinance Approving a Rezoning
Request, ZOA #94-04, by Dave McIntyre of Ceres
Environmental; Generally Located East of�5101
Industrial Boulevard, North of FMC, and Adjacent
to the Burlington Alorthern Mainline
A policy decision by the City Council must occur prior to
approving the attached ordinance. The policy decision centers on
the appropriateness of an M-3, Outdoor Intensive, Heavy
Industrial designation at the proposed location in the Great
Northern Industrial Center. Upon analyzing this rezoning
request, staff determined that an M-3, Outdoor Intensive, Heavy
Industriatl designation is not compatible with the surrounding M-
2, Heavy industrial uses. Consequently, staff had recommended.
denial of the rezoning request to the Planning Commission.
The Planning Commission recommended approval of the rezoning
request with seven stipulations, because the site is of an
irregular shape, and the petitioners have expressed their
concerns about being environmentally sensitive, good neighbors.
The seven stipulations are:
1.
2.
3.
4.
Lots l and 2, Block 3, Great Northern Industrial Center East
shall be consolidated as one tax parcel.
The parking area shall include signs and surface striping to
identify a one-way circulation pattern.
A five-foot setback for landscaped area shall be established
along the eastern property line, runninq from the north to
the south property lines.
Irrigation shall be installed in the front and side yards.
ZOA #94-04, by Ceres Environmental
December 15, 1994
Page 2
5.
6.
7.
The landscape plan shall be modified to include additional
plantings for seasonal color and screening. This plan shall
be reviewed and approved by City staff.
Additional berms and landscaping shall be added �o the s�te
plan north of the gravel parking area indicated on the site
plan (south of the storm water pond).
The petitioner shall comply with the Engineering Department
requirements specified in Scott Erickson's memo dated
October 28, 1994.
Althouc�h staff recommended eight stipulations, the Commission
only concurred with seven. The Commission stated that if the
Council was not comfortable approving the partial gravel surface
storage area as proposed (required by staff's stipulation #8)•
that appropriate steps be taken by the petitioner to submit a
variance request.
A zoning change requires a 4/5 approval by the City Council.
SH/
M-94-753
� '�
ORDINANCE NO.
ORDINANCS TO AMEND THE CITY CODE OF TH$ CITY
OF FRIDLEY� MINNSSOTA BY MARING A CHANC,�L IN
ZONING DISTRICTS
The Council of the City of Fridley does ordain as follows:
SECTION 1.
SECTION 2.
SECTION 3.
Appendix D of the City Code of Fridley is amended
as hereinafter indicated.
Be and is hereby rezoned subject to the
stipulations adopted at the City Council meeting
of , 1994.
The tract or area within the County of Anoka and
the City of Fridley and described as:
Lots 1 and 2, Block 3, Great Northern Industrial
Center East.
Is hereby designated to be in the Zoned District
M-3, Heavy Industrial, Outdoor Intensive.
,
That the Zoning Administrator is directed to
change the official zoning map to show said tract
or area to be rezoned from Zoned District M-2,
Heavy Industrial to M-3, Heavy Industrial, Outdoor
Intensive.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEi�
THIS DAY OF , 1994.
ATTEST:
WILLIAM A. CHAMPA - CITY CLERK
Public Hearing:
First Reading:
Second Reading:
Publication:
WILLIAM J. NEE - MAYOR
December 5, 1994
1 :
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,�
STAFF REPORT
Community Development Depax�tment
'' ' � Appeals Commission Date
L,LJ Planning Commission Date : ldovember 2, 1994
City Council Date : November 21 , 1994
December 5 1994
ecem er ,
APPLICATION NIJMBER:
Rezoning request, ZOA �94-04
David McIntyre for Ceres Environmental, Inc.
LOCATION•
Lots 1 and 2, Block 3, Great Northern Industrial Center.
Generally located on Ashton Avenue east of Pearlman Rocque
Company.
REOUEST:
To rezone two industrial lots from M-2, Heavy Industrial to M-3,
Heavy Industrial Outdoor Intensive. The M-3 zoning district
would permit the petitioners to have an outdoor storage area for
their large equipment and materials, and to construct a corporate
office and service building.
BACKGROIIND•
site
In 1969, the Fridley City Council approved a plat request for the
Great Northern Industrial Center plat on the southeast corner of
I-694 and East River Road. The 106.72 acre parcel had previously
been utilized as an airplane runway and trap-shooting range.
Once platted, the land became occupied by industrial complexes
including GTE Sylvania, Pearlman Rocque, and Midwest Printing.
In 1985, Minikahda Mini Storage approached Alfred Nelson with an
interest in a portion of the 12.4 acre parcel that lies between
Ashton Avenue and the rail lines. The 12.4 acres had not
previously been a part of the Great Northern Industrial Center
plat. The request to plat the land into four lots as the Great
Northern Industrial Center East was reviewed and approved.
Subsequent to that approval, Minikahda Mini Storage developed
7.73 acres, leaving 2.79 acres of developable land and Outlots A
and B, which served as rail access for the internal sites in the
10C
Staff Report
ZOA #94-04, by Ceres Environmental
Page 2
industrial park.
Great Northern's covenants on the plat require a minimum two acre
site for industrial development. The City of Fridley requires
1.5 acres as a minimum lot size in the M-3 district. The
petitioner has a site with sufficient size to develop, but not to
further subdivide. Lots 1 and 2 must be consolidated as one site
to meet the minimum standards defined by the development
covenants.
**Stipulation**
M-3 Zoninq District
Lots i and 2, Block 3, Great �orthern
Industrial Center $ast shall be consolidatea
as one tas parcel.
In May of 1992, the City Council approved a modification in the
zoning ordinance to include an M-3 zoning district. The intent
of the district is to create a district which permits M-1 and M-2
uses and those uses which require intensive outdoor storage.
Outdoor intensive uses are contractor yards, trucking terminals,
rock crushing yards, and other uses which require outdoor storage
as a principal activity. The thought was that this zoning
district would limit the amount of outdoor intensive uses within
the City and preserve the remaining vacant land for manufacturing
and other basic industries.
In Fridley, the M-3 zoned property is located in the northern
industrial area of the City. Trucking terminals were located�
north of 83rd Avenue and west of Main Street. Park Construction,
is a large M-3 construction/demolition contractor, has much
outdoor storage and is located near the trucking firms in the
northwest portion of the City.
The City Council also approved modifications to the M-1 and M-2
zoning districts, limiting the amount of outdoor storage and
requiring a special use permit in certain circumstances.
ANALYSiB•
Ceres Environmental is as an environmental consultant for clients
in the metropolitan area and the nation. Their services include
fuel tank removal and replacement, construction demolition and
recycling, timber recycling, snow removal, and general tree
service (trimming, dead tree removal, etc.j.
Steve Johnson of Ceres Environmental has indicated
primary items to be stored on the Fridley site are
equipment and occasionally sand and salt related t
10D
that the
their heavy
o snow removal
Staff Report
ZOA #94-04, by Ceres Environmental
Page 3
or products that allow the maintenance staff to repair equipment
properly. As an example, if a wood chipper is in the Ceres yard
to be repaired, a pile of wood may accompany the chipper so that
the machine can be tested.
Ceres has other locations in the metropolitan area to handle
their specific needs. A Maple Grove site serves as their
wood/timber recycling location. Ceres is a contractor for
Hennepin County's timber recycling. When asked if those
activities would be moved to the Fridley site, Johnson reiterated
that this site will serve their company�s administrative office
and equipment maintenance needs only.
Although Ceres does offer tank removal and replacement, no tanks
new or used will be stored on-site according to the applicant.
The subject parcel is relatively narrow, and Ceres believes the
site is well-suited for their company because�their office
building is relatively small.
The Ceres Environmental representatives were attracted to the
subject parcel because of its location and its suitability for
their needs based on its size and their expandability potential.
After reviewing their preliminary plans, staff did not believe
that the outdoor storage provisions of the M-2 zoning district
would be �et considering the size of the equipment, the amount of
outdoor storage required, and the nature of materials related to
their business. Consequently, staff required a rezoning request
to M-3. As you recall, the M-3 district was adopted a� 8
district which allows outdoor intensive uses.
Criteria for Considerinq a Rezoning Request
l. Compatibility with adjacent uses:
North - zoned M-2, Heavy Industrial (Minikahda Mini
Storage), which is an industrial self-storage
facility with indoor storage and asphalt
driving aisles and parking surfaces. The
site contains a series of.many buildings.
East - zoned M-2, Heavy Industrial, which is an
industrial area adjacent to Main Street and
includes industries such as HB Fuller. These
sites contain large buildings and related
parking.
10E
Staff Report
ZOA #94-04, by Ceres Environmental
Page 4
South - zoned M-2, Heavy Industrial, which includes
FMC and the Quebecor building. These
facilities have some outdoor storage which is
incidental to their principal use. These
buildings are larger with parkinq related to
that larger principal use.
West - zoned M-2, Heavy Industrial, which is
Pearlman Rocque, a transfer facility for
restaurants includinq McDonalds. Outdoor
truck-trailer activity is limited to
incidental traffic related to the principal
use. This site contains two larger buildings
and parking that is incidental to the primary
use.
As the site was further reviewed, the strong points of this
proposal were its location against the railroad tracks and th�
narrow dimension of this site seems well-suited for the proposed
use.
The issues against an M-3 modification include the fact that
there are available M-3 zoned sites within the community which
have been deemed appropriate for this type of-use, thereby
preserving surrounding typical industrial development land. The
Ceres building is relatively small and its outdoor intensity of
use is gxeater than the outdoor uses in the surrounding area.
Based on this fact, staff recommends that the use is incompatible
with the surrounding area.
2. District intent:
The intent of the M-3 district is to allow heavy industrial
uses that depend on outdoor storage. The proposal is
consistent with the M-3 zoning district intent.
3. District regulations:
Staff has reviewed the plan submitted by the petitioner.
The proposed site could meet the district regulations with
modifications to berming, landscaping, irrigation, and
parking surface requirements. Attached please find the site
data as reviewed by staff and the stipulations that resulted
from that review.
10F
Staff Report
ZOA #94-04, by Ceres Environmental
Page 5
site Plan �eview and Recommended stipulations
Lot Size
Current Zoning
Proposed Zoning
Setbacks:
Front Yard
Side Yard
Rear Yard
Driving Aisle
**Stipulation**
Parking:
Stalis
Handicapped
stalls)
Gravel Spaces
Green Space
Setback
2.79 acres
M-2, Heavy Industrial
M-3, Heavy Industrial Outdoor Intensive
63 feet (code requires 35 feet)
100+ feet (code requires 20 feetj
25 feet (code requires 25�feet)
One-way circulation
The parkinq area shail include siqns ana
surface stripiaq to identify a one-way
circulation pattern. �
21 stalls proposed {code requires 19 stalls)
One stall proposed (code requires one per �t3
Not permitted by code
All setbacks meet code except five foot
setback from property line on the eastern
boundary of the site.
**Stipulation** A five foot setback for landscaped area must
be established alonq the eastern property
line, runninq from the north to the south
property lines.
Irrigation of
Landscaped Areas
**Stipulation**
Site Coverage
Building Height
Driving Width
Landscaping
Not included
irriqation shall be installed in the front
and side yards.
7� (code allows 35� for a two story building.
25 feet (code allows 65 feet)
26 feet (code allows 30 feet)
Staff has determined t,,hat the landscaping is
insufficient to serve the screening
requirements as outlined in the M-3 district.
**Stipulation** The landscape plan shall be modified to
include additional plantings for seasonal
color and screeninq. This plan shall be
reviewed and approved by City staff.
10G
Staff Report
ZOA �94-04, by
Page 6
Screening
Ceres Environmental
Outside storaqe will require additional
landscaping from the northern edge of the
storage area. A berm will also be required.
**Stipulation** Additional berms and landscapinq shall be
added to the site plaa north of the qravel
parkinq area indicated on the plat (south of
the storm �ater pond).
The Engineering Department staff has reviewed this proposal and a
verbal update will be presented at the Planning Commission
meeting. ,
**8tipulation** The petitioner shall comply with the
Enqineerinq Department requirements speaif3ed
in Scott 8rickson•s memo dated October 28,
1994.
**Stipulation** Ali surfaces intended for drives or parkinq/
storaqe of equipment shall be aurfaced �ith
concrete or asphalt.
RECOMMENDATION/BTIPIILATIONB:
The policy issue to be decided is whether another M-3 district
should be created in the City. The proposed location is on the
"edge" of the Great Northern industrial Park and is not`easily
seen by residential neighborhoods. However, the site Could be
developed with a typical industrial building, and the site iaauld
be an "island" of outdoor activity in a predominantly industrial
park setting.
Staff recommends that the Plarining Commission deny the rezoning
request to rezone Lots 1 and 2, Block 3, Great Northern
Industrial Center East due to the incompatibility of the M-3
district with the M-2 uses that surround the site.
If the Planning Commission chooses to recommend approval of this
request, the following stipulations are recommended:
1.
2.
Lots 1 and 2, Block 3, Great Northern Industrial Center East
shall be consolidated as one tax parcel.
The parking area shall include signs and surface striping to
identify a one-way circulation pattern.
10H
Staff Report
ZOA #94-04, by Ceres Environmental
Page 7
3. A five foot setback for landscaped area must be established
along the eastern property line, running from the north to
the south property lines.
4. Irrigation shall be installed in the front and side yards.
5. The landscape plan shall be modified to include additional
plantings for seasonal color and screening. This plan shall
be reviewed and appraved by City staff.
6. Additional berms and landscaping shall be added to the site
� plan north of the gravel parking area indicated on the plat
(south of the storm water pond).
7. The petitioner shall comply with the Engineering Department
requirements specified in Scott Erickson's memo dated
October 28, 1994.
8. All surfaces intended for drives or parking/ storage of
equipment shall be surfaced with concrete or asphalt.
PLANNING COMMISSION RRCOMMSNDATION
The Planning Commission concurred with staff's alternative (if
rezoned) recommendation with one modification�. The Flanning
Commission recommended that the petitioner's request to allow
gravel surfaces in the storage yard be approved. This conflicts
with botii Scott Erickson's recommended stipulation #2 in his memo
dated October 28, 1994 and staff's stipulation �8 requiring that
all surfaces intended for drives or parking/storage of equipment
shall be surfaced with concrete or asphalt.
CITY COIINCIL RSCOMMENDATION
Staff recommends that the City Council determine the larger
policy issue of whether M-3 is an appropriate zoning designation
for this site. Staff recommends denial of the request to rezone
based on the site's relatively small size and incompatibility
with surrounding M-2 zoning designations. If the City Council
determines that M-3 is an appropriate designation for this site,
staff recommends that the City Council concur with the Planning
Commission recommendation.
101
TO:
FROM:
DATE:
.' . .' � .��` -✓����E���
1����
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John Palacio, Chief Building Inspector
Scott Erickson, Assistant Public Works Director� i:�
October 28, 1994
PW94-366
SUBJECT: Drainage and Grading Review for Ceres Environmental
9. A Storm Pond Maintenance Agreement wiil need to be recorded with the prqperty
prior to issuanee of a building permit.
2. All drive areas shall be hard surfaced and have concrete curb and gutter.
3. The driveway entrance� shatl be construcfed fo refain al( drainage on sife:
4. Grade the site to one ��- �
ponding location �"
5. Provide concrete b(ocking for all watermain piping bends. Note on the plan the
amount of blocking to be installed. �
6. Install rip-rap with filter blanket at storm pipe outlet. . ,
7. Install flared ends and trash guards on aN storm pipe ends. -
8. Clearly note af! pipe sizes, iypes of material, and class of materials being proposed.
9.
10.
11.
12.
A minimum of 7 ft of cover is required io the iop of al( service (ines. Is this achieved?
Clearly note service depths on the plan.
Provide a detail on the plans for. the baffled weir outlet.
Show a!! existing and proposed invert elevations.
Install a manhole at the bend of the 6-in. sanitary service line.
10J
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October 31, 1994
Page 2
13. Install a�gate valve on the 6-in. service fine.
14. Note on the plans that all street sucfaces shall be kept free of dirt and debris and
shall be swept on a daily basis or as directed by the City. -
15. Provide a rocked entry point to the site. Show location and detail on the plan.
16. Clearly identify locations of silt fence iristallation. Provide a detail on the plan.
17. Provide hydrofogy, hydraulic, ponding calcufations and all related information and
assumptions.
18. Additional information may be requested.
SE:cz
cc: Micheie McPherson
Paul Cherney, Pioneer Engineering
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CITY OF FRIDLEY
6431 UNIVERSIT'Y AVENUE N.E.
FRIDLEY, MN 55432
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(612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT
REZONING APPLICATION � FORM
�'ROPERTY INFORMATION - site plan required for submittal; see attached
Address: Has not been assigned �
Property Identification Number (PIl� 2�-30-24=1 1=0012 and 27-30-11-001�3
Legal description: �- °� � 1 a�12 c�' blodc 3, C�e�t I�CI I*�__st1�a1' Q37E6e�' F�st� Ai� �
Lot �� 2 ° Block 3 � TracdAddition �� T"`�'�'�''�� �
Cuirent zoning: �'2 Square footagelacreage ���� �• ��•�2-93 ao.�
Requesting zoning: I''�'3
Reason for rezoning: ��� °�°�' � fl� ��. � r�ee� l�an�e a�7
Have you operated a business in a city which required a business license� ��
Yes X� No � If yes, which city? ���
If yes, what type of business? �� � a�'� � �
Was that license ever denied or revoked? Yes No X
FEE OWNER INFORMATION (as it appears on the property title)
rchasers: Fee Owners must sign this form prior to processing)
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SIGNA
DAYTIME PHONE �-7��
DATE� � �7 �
NAME �� , �• - David Mclntyre
ADDRESS
SIGNA'
2504 t�st Qax�t.y R�d B�s�vill.e, NN 55113
DAYTIMEPHONE ��4
DATE 9����
Fee: $500.00
Permit ZOA #�I�_ Receipt # _ �� �ZZ �
Application received by: �
Scheduled Planning Commission date: v�.,, � ��
Scheduled City Council date: _ _ �
10Q
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Notice is hereby given
Fridley City Council a
University Avenue N.E.
for the purpose of:
PUBLIC HEARING
BEFORE THE
CITY COUNCIL
that there will be a public hearing oi the
t the Fridley Municipal Center, 6431
on Monday, December 5, 1994 at 8:30 a.m.
Consideration of a Rezoning request, ZOA #94-
04, by David McIntyre of Ceres Environmental,
to rezone from M-2, Heavy Industrial to M-3,
Outdoor Intensive, Heavy Industrial, to
corporate offices and outdoor storage of
materials and equipment as a principal use
Lots 1& 2, Block 3, Great Northern
Industrial Center East. This property is
generally located East of 5101 Industrial
Boulevard, North of FMC, and adjacent to the
Burlington Northern mainline.
Hearing impaired persons planning to attend who need an
interpreter or other persons with disabilities who require
auxiliary aids should contact Roberta ColZins at 572-3500 no
Zater than November 28, 1994.
Any and all persons desiring to be heard shall be given an
opportunity at the above stated ti�ae and place. Any questions
related to this item may be referred to the Fridley Community
Development Department at 572-3592.
Publish: November 22, 1994
November 29, 1994
10R
WILLIAM J. NEE
MAYOR
ZOA #94-04 Mailing List Mailed: 10/ 18/94
Ceres Environmental Inc. 1 1/ 16/94
Ceres Environmental
David McIntyre
2504 West County Rd. B
Roseville, NIld 55113
Quebecor Printing
1999 Shepard Road
St. Paul, MN 55116
Perlman Rocque
51 - 52nd Way NE
Fridley, MN 55421
Trilliwa Corporation
1307 Cornwall, #200
Bellinqham, WA 98225
Current Resident
5151 Industrial Blvd. NE
Fridley, 1�T 55421.
Kurt Manufacturing
5280 Main Street NE
Fridley, NIld 55421
Minikahda Mini Storage Minikahda Mini Storage
5350 Industrial Blvd. NE 33 N. Washington
Fridley, NIN 55421 500 Union Plaza
Minneapolis, MN 55401
City Council Members
10S
Current Resident
5101 Industrial Blvd. N
Fridley, NIlJ 55421
Westinghouse Electric
li Stanwik
Pittsburgh, PA 15222
Current Resident
5400 Main Street NE
Fridley, MN 55421
David Newman
Planning Comm. Chair
7635 Alden W�y NE
Fridley, NIN 55432
PLANNING COMMISSION MSETING, NOVSMBER 2, 1994 PAGE 5
stipulations cover the concerns.
MOTION.•by Mr. Oquist, seconded by Mr. Saba,
City Council approval of Rezoning Request, 2
Moseman of Supreme Tool Inc., to rezone fr
Business, to M-1, Light Industrial, to a o�
manufacturing facility on Lot 3, Block , A
generally located north of 7597 Highw #65,
stipulations:
t recommend to the
� �94-05, by Bruce
C-2, General
construction of a
& R Second Addition,
with the following
1. The petitioner shall submit a andscape plan complying with
the district requirements pr' r to issuance of a building
permit.
2. The petitioner shall comp with the comments in Scott
Erickson's memo dated Oc er 17, 1994, prior to issuance of
a building permit. .
and, that requirement �11
dated October 17, 1994, be
11. AZ1 existing street
debris and shall be
the City during the
listed in Scott Erickson's memo
visect to read:
faces shall be kept free of di.rt and
pt on a daily basis.or as directed.by
struction process.
IIPON A VOICE VOTE, ALL�TING AYS� VICTs-CBAIRPERSON RONDRICR
DECLARED THE MOTION C I13D IINANIMOIISLY.
Mr. Hickok stated the City Council will establish a public
hearing on November 21 and will hear the request on December 5,
1994.
2. PUBLIC HEARING: CONSIDERATION OF A REZONIIdG RE4UEST. ZOA
#94-04, BY DAVE McINTYRE OF CERES ENVIRONMENTAL:
To rezone from M-2, Heavy Industrial, to M-3, Outdoor
Intensive, Heavy Industrial, to allow the construction of
corporate offices and to allow outdoor storage of materials
and equipment as a principal use on Lots 1& 2, Block 3,
Great Northern Industrial Center East. This property is
generally located east of 5101 Tndustrial Boulevard, north
of FMC, and adjacent to the Burlington Northern mainline.
MOTTON by Ms. Savage, seconded by Mr. Saba, to waive the reading
of the pubiic hearing notice and to open the public hearing.
UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR
DECLARED.THE MOTiON CARRIED AND THE PIIBLIC HEARING OPEN AT 7:46
P.M.
Mr. Hickok stated the request is to rezone the subject parcel
from M-2, Heavy Industrial, to M-3, Heavy Industrial Outdoor
10T
i
PLANNING COMMI88ION MS$TING, NOVEMBER 2, 1994 PAGE 6 �
Intensive. Both are heavy industrial districts; however, the M-3
is designed to accommodate heavy industry with outdoor intensive
activities. The subject parcel is located within the Grea�
Northern Industrial Center and the zoning in that center is M-2,
Heavy Industrial. The zoning to the east covers the properties
alang Main Street which are M-2, Heavy Industrial.
Mr. Hickok stated the property is to the west of the rail line
and is a long narrow parcel. The request would allow rezoning
for Ceres Environmental. The site plan includes an office
building which would be the location of their administrative and
office complex and the location for maintenance of their heavy
equipment. Ceres provided copies of photographs of the types of
equipment to be stored on this site. The office portion of the
building is two-story with 3840 square feet. There are 6,400
square feet in the maintenance complex located to the rear of the
building.
Mr. Hickok stated staff inet with the petitioner early in the
planning process and determined, because of the size of the
building and intensity of storage outdoors, an M-3 zoning would
be appropriate for this request. Initially, the petitioner
looked at the site and, based on the site dimensions; the size of
the building required and the use, felt this was an adequate
site. It is the outdoor storage activities that have driven the
M-3 requirement. -
Mr. Hickok stated, in May, 1992, the City Council debated the
creation�of the M-3 district. At that time, there was much
discussion about what the M-3 district would be used for and what
impacts that would have on the existing M-1 and M-2 districts.
It was believed that creating the M-3 district would allow the
opportunity for those who wanted M-3 industrial uses that were
not covered under the M-2 and special use permit for outdoor
storage. Screening could be difficult because of the large
equipment or other activities related to outdoar storage.
Therefore, the M-3 district was deemed necessary. As part of
that discussion, the City determined that the sites appropriate
for M-3 zoning were in the northern partion of the City. This
area centers around Hickory Street north of 81st.
Mr. Hickok stated Ceres Environmental is an environmental
consultant with clients throughout the metropolitan area and
throughout the country. Their services include fuel tank removal
and replacement, construction/demolition, recycling of timber,
snow removal, and general tree service (trimming, dead tree
removal, etc.) Ceres has a number of locations. This would be
the site for office and maintenance uses. Ceres has a site in
Maple Grove for wood recycling. They are the Hennepin County
contractor for this activity. They are also the City of
Minneapolis contractor for snow removal and much of the large
10U
PLANNING COMMISSION MEETING, NOVgiIB$R 2, 1994 PAGE 7
equipment related to the snow removal would be stored on the
site. Ceres felt the proximity of the site to downtown
Minneapolis is important and that this is a preferred site'to
other M-3 available in the community.
Mr. Hickok stated there are three criteria used in determining
whether rezoning is appropriate. The first is the compatibility
with adjacent uses. To the north, there is M-2, Heavy
Industrial, (Minikahda Mini Storage) which is an industrial self-
storage facility with indoor storage and asphalt driving aisles
and parking surfaces. To the east, there is M-2, Heavy
Industrial, along Main Street. Closest to this site would be the
rear portion of those sites. To the south is also M-2, Heavy
Industrial, including Quebecor and FMC. These are large
buildings with incidental outdoor storage. To the west, is the
Perlman Rocque transfer facility for restaurants, including
McDonald's. There is outdoor truck/t�ai�er activity which is
limited to incidental traffic related to the principal use on
site.
Mr. Hickok stated the second criteria is the district intent.
The intent of the M-3 is to allow heavy industrial uses and
outdoor storage. This proposal wouZd be consistent with M-3
zoning and would be dependent on the outdoor storage.
Mr..Hickok stated the third criteria is the district regulations.
The proposed site plan meets the intent and meets the M-3 zoning
regulations. The building is centrally located. There is
landscaping to the north and to the south. There is a storage
yard with crushed gravel or compacted fill area. There is also
hard surface of concrete and asphalt. The petitioner has asked
for consideration of the crushed gravel because of the weight of
the equipment and materials to be stored outside.
Mr. Hickok stated the recommendation falls back to a policy
issue. Approval would allow an M-3 parcel that would be �
surrounded by M-2 uses. The site has an elongated shape that
backs up to the railroad tracks. To the rear of the property is
the rear areas of the industrial uses to the east. Staff
recommends, based on the evaluation of the criteria, that the
Commission recommend denial of the rezrning request due to the
incompatibility of the M-3 district with the other M-2 uses. If
the Planning Commission chooses to recommend approval, staff
recommends the following stipulations:
1. Lots 1 and 2, Block 3, Great Northern Industrial Center East
shall be consolidated as one tax parcel.
2. The parking area shali incZude signs and surface striping to
identify a one-way circuiation pattern.
��V
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PLANNING COMMISSION MEETING NOVEMBER 2 1994 PAGE 8 t
3. A five-foot setback for landscaped area must be established
along the eastern property line, running from the north to
� -- the south property lines. -
4. Irrigation shall be installed in the front and side yards.
5. The landscape plan shall be modified to include additional
plantings for seasonal color and screening. This plan shall
be reviewed and approved by City staff.
6. Additional berms and landscaping shall be added to the site
plan north of the gravel parking area indicated on the plat
(south of the storm water pondj.
7. The petitioner shall comply with the Engineering Department
requirements specified in Scott Erickson's memo dated
October 28, 1994.
8. Al1 surfaces intended for drives or park�ing/storage of
equipment shall be surfaced with concrete or asphalt.
Mr. Hickok referred to stipulation #7 in which Mr. Erickson's
memo lists the following Engineering Department requirements:
f
l. A Storm Pond Maintenance Agreement will need to be recorded `
� with the property prior to issuance of a building permit. �
2. Al1 drive areas shall be hard surfaced and have concrete
curb and gutter.
3. The driveway entrance shall be constructed to retain all
drainage on site. - --
4. Grade the site to one ponding location.
5. Provide concrete blocking for all watermain piping bends.
Note on the plan the amount of blocking to be installed.
6. Install rip-rap with filter blanket at the storm pipe
outlet.
7. Install flared ends and trash guards on all storm pipe ends.
8. Clearly note all pipes sizes, types of material, and class
of materials being proposed.
9. A minimum of 7 feet of cover is required to the top of all
service lines. Is this achieved? Clearly note service
depths on the plan.
10. Provide a detail of the plans for the baffled weir outlet.
10W
( PLANNING COMMISSION ME$TING. NOVEMBER 2. 1994 PAQE 9
11. Show all existing and proposed invert elevations.
, 12._ Install a manhole at the bend of the 6-inch sanitary �ervice
line.
13. Install a gate valve on the 6-inch service line.
14. Note on the plans that all street surfaces shall be kept
free of dirt and debris and shall be swept on a daily basis
or as directed by the City.
15. Provide a rocked entry point to the site. Show location and
detail on the plan.
16. Clearly identify locations of silt fence installation.
Provide a detail on the plan.
17. Provide hydrology, hydraulic, ponding calculations and all
related information and assumptions.
18. Additional information may be requested.
Mr. Saba stated the proposal is for a service and maintenance
facility. Will there also be junk�or salvage vehicles on the
property?
Mr. Hickok stated his understanding is that vehicles will be
there for maintenance and that their typical vehicles for
operation will be stored there. He did not believe any salvage
vehicles would be on the property.
Ms. Savage asked if the petitioner was looking at the site.
Mr. Hickok stated they are looking at the site and have not
established that at their location.
Ms. Savage asked if there had been any discussion with staff
about this company locating in the M-3 zone.
Mr. Hickok stated yes. One of the items highlighted was the
proximity with Minneapolis with their snow removal activities.
Mr. Kondrick asked if fencing was discussed.
Mr. Hickok stated yes. Screening plans as indicated on the
elevations would include a chain link fence with privacy
screening slats to screen those elements to be stored outside.
There is also an undulating berm with landscaping to soften the
impact of that screening fence.
Mr. Kondrick asked if this is speaking to fencing the entire
10X
.
PLANNING COMMISSION.MEETSNG, NOVEMBER 2, 1994 PAGE 10
property.
Mr.--Hickok stated there would be screening for all areas w�ere
storage of materials could be seen from adjacent properties or
the public right-of-way.
Mr. Steven Johnson, business manager for Ceres Environmental,
stated the company has been in business for 17 years. The size
of the company and gross revenues are currently about $5 million.
They employ 15-30 people. Some positions are seasonal. They are
looking at this property for their headquarters and maintenance
facility. The amount of equipment stored would be very limited
on this parcel. They have a 10-acre facility in Maple Grove
where they operate year-round recycling activities. That
particular operation has achieved national accl�aim. As far as he
knows, the operation is looked at kindly and is a clean
operation. They do not intend to move these activities to this
site. There seems to be some misconception as to the amount of
storage to occur on the property. There is not going to be a
great amount due to the size of the property. About 80� of the
equipment is stored on the job locations, which could be metro,
regional or in other states: At the most, 20% would be at this
location and only at the time it is being serviced or if it is
for seasonal use.
Mr. Johnson stated, in reference to the question as to whether "
another M-3 site would work, there are limitations. Concerns
include access and closeness to downtown. The type of snow
removal they do is for substantial commercial properties in
downtown locations where the snow is hauled off-site and disposed
of. This particular location would provide quick access to both
freeways. The time difference in mobility and travei time
compared to the other zones would be detrimental to their snow
removal operations. It does not seem like a long way but with
repeated trips it adds up significantly.
Mr. Johnson stated he would like to reinforce that the company
would be a good neighbor. The intent is to comply with the
recommendations of staff. He is concerned about the stipulation
to require a paved service for the entire storage area. A lot of
the equipment has tracks which is not co�patible with paved or
concrete surfaces. It is very hard on those surfaces and the
investment put into that surface on a repeated basis would have a
significant impact. They have enough space to accommodate the
equipment that is there on a regular basis. The concrete surface
in the shop needs to be 10 inches thick. There is also a
substantial paved area in the front. They have every intention
to make the site attractive. They want to attract and maintain
good employees. Some of the limits of a contractor are the looks
of the yard. Part of their corporate image is to convey that
image with the property. ,
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PLANNING COMMISSTON MEETINC3 NOVEMBER 2 1994 PAGE 11
Mr. Kondrick asked, in lieu of a concrete or asphalt storage
yard, what surface would they propose.
Mr. Johnson stated the surface would be an improved surface with
crushed rock. This would be within a fenced area and screened
from view. Maintenance is done annually or as needed.
Mr. Johnson stated, to provide an idea of their need and concern,
they are currently located on Hwy. 280. They have surfaces there
that are concrete and asphalt installed a number of years ago to
handle heavy equipment. Their use on that particular property
has deteriorated that surface in a few years. They want to make
the investment for an apron but it is not practicaZ zn the
storage yard where equipment is stored.
Mr. Kondrick asked if they would be changing oil or have any
contaminants that would seep into the soil in the storage yard.
Mr. Johnson stated taaintenance would be done on the concrete
apron and in the shop itseif. There would be no activities as
described on the gravel surfaces. Ceres is an environmental
contractor so they have that concern. Their main contractor is
the government to do clean up. They have a qood track record�and
are a conscientious environmental contractor. He did not think
there would be any probZems.
Mr. Oquist asked if they would be storing and maintaining the
equipment as shown in the provided materials except when it is on
the job site.
Mr. Johnson stated this building would be the main garage. For
major repairs, equipment would come here.
Mr. Kondrick stated the company specializes in the removal of
storage tanks. Would any of those removed items to be stored on
this site?
Mr. Johnson stated no. Those items are dealt with on the site or
hauled directly to a disposal facility. New installations are
normally sent to the site. They have had occasions where tanks
were delivered before they were ready to install and needed to be
stored in the yard.
Mr. Johnson stated their hours of operation are from 7:30 a.m. to
6:00 p.m. During snow removal, they are a 24-hour.operation and
would be dispatching crews out of that area during snow falls.
That operation is a bit unique. The type of work requires heavy
equipment. That equipment wouid be interimly staged at this
facility.
Mr. Kondrick asked if welding would be done inside.
10Z
� � � . . . . . . . . ... . . _ ... . .....,�.�.: .w.�:•i.i,: :.c�• . . :.r.: :.n:.. ..z.�s:<r.r�i.r..:ut: �
PLANNING COMMISSION MEETING, NOVEMBER 2, 1994 PAGE 12 �
Mr. Johnson stated a welding bay would be in the shop. They want
to have four service bays. One of those would be a drive through
for_tractor/trailer rigs. Al1 of those maintenance activi�ies
would be done indoors.
Mr. Kondrick stated one of the items that was of concern to sta.ff
was the company comply with the memo dated October 28, 1994, from
Mr. Erickson regarding the drainage and grading review. Were
there any questions?
Mr. Johnson stated they have reviewed. They have no problems o�
concerns in complying. They asked staff to come to another
location that would be very similar in type, use and construction
to what is being proposed. It was typical and indicative of the
facility they propose.
Mr. Hickok stated the facility is Bel Air Excavating in New
Brighton located northwest of the intersection of Hwy. l0 and 96.
Staff looked at the site and also had an opportunity to see the
crushed compacted or recycled surface. It gave staft a chance to
see a site like this in operation. It is a very nice site.
Mr. Kondrick stated staff has recommended denial of the request.
If the Commission recommends approval of the request, staff
recommends eight stipulations. With the exception of stipulation
#8 regarding tiie surface in the storaqe area, are you in
agreement with the remaining stipuiations as submitted?
Mr. Johnson stated they would be able to comply with all except
#$• They would request a gravel surface.
Mr. John Ryden provided photos of the site including aerial
photos. He felt this company was as good a use as one would see
on this property. He does not think one would see a use more in
line with the M-2 zoning. The use will be M-3 primarily because
of the location, dimensions and terrain. It is across the street
from where there are semi-trailers backed up to the street. The
other side is�along the railroad tracks. The lot is very narrow
so it would be difficult to get a bigger building on the site.
The property lends itself to outdoor storage use. The typical
company laoking to construct a building with no storage would not
want this site. They would want a different view. This is the
reason Ceres picked the site. It is somewhat hidden from the
main traffic lines.
Mr. Kondrick asked if the streets in that area can support the
weight of this equipment. Can they get back to the property with
this equipment?
Mr. Johnson stated the streets are wide enough and are adequate.
That was a limitation on the how to develop the site. They had
10AA
0
� PLANNING COMMISSION MEETING. NOVEMBER 2. 1994 PAGE 13
to have the architect design i.t so they could qet sufficient
turning radius for a tractor/trailer rig onto the property. They
accomplished that with a drive through bay withia the buildinq
� and-one way routing in and out of the site. -
Mr. Hickok stated the streets in this industrial district are of
a heavier grade with this use in mind.
MOTION by Mr. Saba, seconded by Oquist, to close the public
hearing.
IIPON A VOICS VOTE, ALL VOTING AYS, VICB-CHAIRPERSON KONDRICR
DECLARED THE MOTION CARRISD AND THE PUBLIC HEARING CLOSED AT 8:25
P.M.
Mr. Saba asked if they would need a variance for stipulation �8.
Mr. Hickok stated yes. The surface requirement could be brought
back for the appeals process.
Mr. Oguist stated, as he recalied, a similar discussion came up
with Park Construction where they did not need the hard surface.
Mr. Hickok stated this is a discretionary decision on the part of
staff to decide which items go through the appeals process.
Ultimately, all have to go through the City Council. There have
been items that the Council has acted on independent of the
Appeals Commission.
Ms. Savage asked if the City had received any objections to the
request.
Mr. Hickok stated staff has not received any negative calls
regarding this request.
Mr. Oquist stated this seems to be a good use of the property and
this is an environmental consulting company. He would like to
strike stipulation �8. He does not think this requirement would
work for this intended use.
Ms. Savage stated she had concern about establishing a precedent
for moving the M-3 zoning but she was persuaded that this company
would be an asset to the City. Because of the particular area,
she did not think it would be a detriment.
Mr. Kondrick agreed. This use would suit the area.
Mr. Saba stated there could be worse companies than this for M-3.
He did not see a problem. He thought it would be handled well.
He would like to see stipulation �8 go through the appeals
process and then to the City Council. He has no problem with the
� - -
e
_ .. .. ,.... _ �
PLANNING COMMZSSION__MEBTING, NOVSI�B$R 2, 1994� PAGE 14 �
curbs but the surface is not right for this type of operation.
, MOTION.by Mr. Saba, seconded by Mr. Oquist, to recommend approval
of Rezoning Request, ZOA #94-94, by Dave Mclntyre of Ceres
Environmental, to rezone from M-2, Heavy Industirial, to M-3,
Outdoor Intensive, Heavy Industrial, to allow the construction of
corporate offices and to allow outdoor storage of materials and
equipment as a principal use on Lots 1& 2, Block 3, Great
Northern Industrial Center East, generally located east of 5101
Industrial Boulevard, north of FMC, and adjacent to the
Burlington Northern mainline, with the following stipulations:
l. Lots 1 and 2, Block 3, Great Northern Industrial Center East
shall be consolidated as one tax parcel.
2. The parking area shall include signs and surface striping to
identify a one-way circulation pattern.
3. A five-foot setback for landscaped area must be established
along the eastern property line, running.from the north to
the south property lines.
4. Irrigation shall be installed in the front and side yards.
5. The landscape plan shall be modified to include additional
plantings for seasonal color and screening. This plan shall
be reviewed and approved by City staff. �
6. Addxtional berms and landscaping shall be added to the site
plan north of the gravel parking area indicated on the plat
(south of the storm water pond).
7. The petitioner shall comply with the Engineering Department
requirements specified in Scott Erickson's memo dated
October 28, 1994.
UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRiCR
DECLARED THE MOTION CARRZED IINANIMOIISLY.
Mr. Hickok stated the City Council would on November set the date
for the public hearing. The public hearing would be held on
December 5, with the final decision made on December 19.
3.
OCTOBER 25, 1994
MOTION by Ms. Savage, seconded b . Saba, to receive the
Appeals Commission minutes of tober 25, 1994.
UPON A VOICE VOTE, ALL TING AYE, VICE-CHAIRPERSON RONDRICR
DECLARED THE MOTION RIED UNAI+IIMOUSLY.
10CC
CITY OF FRIDLEY
PLANNING COMMI88ION MEETING, NOVEMBER 30, 1994
CALL TO ORDER:
Vice-Chairperson Kondrick called the November 30, 1994, Planning
Commission meeting to order at 7:34 p.m.
ROLL CALL•
Members Present: Dave Kondrick, LeRoy Oquist, Diane Savage,
Brad Sielaff, Dean Saba, Connie Modig
Members Absent: Dave Newman
Others Present: Scott Hickok, Planning Coordinator
Michelle McPherson, Planning.Assistant
Sandra O'Reilly, 2828 2Zth Avenue South,
Minneapolis, Minnesota .
Michael Heller, 8245 Riverview Terrace
John O'Reilly, Plunkett's Pest Control
John Ryden, C. B. Commercial Sites, 7760 France
Avenue South, Bloomington, Minnesota
APPROVAL OF NOVEMBER 2� 1994, PLANNING COMMISSION MINUTES:
MOTION by ,_ seconded by , to approve the November 2, 1994, Planning
Commission minutes as written.
UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICR
DECLARED THE MOTION CARRIED IINANIMOIISLY.
APPROVAL OF AGENDA:
Mr. Kondrick requested the addition of Discussion of 1995 Meeting
Dates.
Mr. Saba requested the addition of Discussion of Springbrook Nature
Center.
MOTION by Mr. Saba, seconded by Mr. Oquist, to accept the agenda as
amended.
IIPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR
DECLARED THE MOTION CARRIED IINANIMOIISLY.
1. PUBLIC HEARING• CONSIDERATION OF A SPECIAL USE PERMIT: SP
#94-17. BY MICHAEL AND JULIE HELLER:
Per Section 205.24.04 of the Fridley City Code, to allow
construc�ion of a kitchen expansion and repair of an existing
dwelling in the flood fringe district, on Lots 22, 23, and 24,
11
PLANNING COMMISBION MEETING, NOVEMBER�30. 1994 PAG$ 2
Block P, Riverview Heights, generally located at 8245
Riverview Terrace N.E.
MOTION by Ms. Savage, seconded by Ms. Modig, to waive the reading
of the public hearing notice and to open the public hearing.
IIPON A VOICE VOTE, ALL VOTING AYE, VIC$-CHAIRPERSON KONDRICR
DECLARED THE MOTION CARRIED AND THE POBLIC HEARING OPEN AT 7Z37
P.M.
Ms. McPherson stated the Special Use Permit request is to allow
construction and/or repair of a dwelling located in the Flood
Fringe (CRP-2) District. The request is addressed as 8245
Riverview Terrace N.E. and is located at the interseation of
Janesville Street and Riverview Terrace. The property is iocated
west of East River Road in the northwest corner of the City. The
property is zoned R-1, Single Family Dwelling, and is located
within the flood fringe area as defined by the zoning code. The
petitioners have completed a number of repairs on the walls and
foundation of the breezeway portion of the dwelling without
obtaining a building permit. Once the petitioner was informed that
a building permit was necessary to complete the repairs, it was
also discovered that a special use permit and a variance were also
required. The variance was necessary to reduce the side corner
setback from 17.5 feet to 15.1 feet on the Janesville side of the
property. The Appeals Commission approved the variance request.
Ms. McPherson stated, according to the zoning map, the parcel is
just within the boundaries of the flood fringe district. The
requirements of this district require that the elevation of a home
be a minimum of one foot above the 100-year flood elevation.
According to the survey �submitted by the petitioner, the first
floor elevation of the dwelling unit is at 829.6 feet which is
above the 100-year eievation of 824.3 feet. The petitioner is
required by ordinance to submit an elevation certificate to verify
the first floor elevation. In addition to the elevation
certificate, the City typically requires petitioners of special use.
permits in the flood fringe district to execute a hold harmless
agreement which releases the City from liability from issuing a
special use permit. Also requested by the Engineering Department
is a 15-foot flood control, street and utility easement along the
west property line. This is being requested to allow the re-
construction and improvement of Riverview Terraee as a flood
control device.
Ms. McPherson stated the request complies with the requirements of
the flood fringe district. Staff recommends approval with the
following stipulations:
1. The petitioner shall submit an elevation certificate verifying
the first floor elevation of the dwelling and the breezeway.
11A
PLANNING COMMISSION MEETING. NOVEMBER 30, 1994 PAGE 3
2. The petitioner shall execute and record against the property
a hold harmless agreement releasing the City from liability.
3. The petitioner shall grant a 15-foot flood control, street and
utility easement along the west property line.
Mr. Sielaff asked when the improvements were made and how the
petitioner found out about it.
Ms. McPherson stated the improvements were made earlier this
summer. The City found out about it when a contract inspector
working in the neighborhood noticed work being done.
Mr. Sielaff asked if there was a policy for those who do not obtain
a permit beforehand.
Ms. McPherson stated the City is allowed to add additional fees if
people do work with a permit; however, the City has typically has
not enacted this policy especially if the owner is diligent about
meeting the required permits. Such was the case in this instance.
Mr. He21er stated he had no additional comments. He has talked
with staff and Mr. Flora about the street and the future plans for
the street. He questioned why they needed more property from them
for the easement. He said they are going to move the street
further east to their property line.
Mr. Kondrick asked staff if this was the case.
Mr. Hickok suggested the petitioner contact the Engineering
Department if he wanted additional information. The information
presented is consistent with what is being done with all
properties.
Mr. Kondrick asked the petitioner if he had any problems mith the
stipulations.
Mr. Heller stated he had no problems with the stipulations.
MOTION by Mr. Saba, seconded by Ms. Savage, to close the public
hearing.
IIPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR
DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING CLOSBD AT 7:43
P.M.
Mr. Kondrick stated he drove by the property and he had no problems
with the work being done.
The Commission members concurred.
11B
PLANNING COMMISSION MEETING, NOVEMBER 30. 1994 PAGE 4
MOTION by Mr. Oquist, seconded by Mr. Saba, to recommend approval
of Special Use Permit, SP #94-17, to allow construction of a
kitchen expansion and repair of an existing dwelling in the flood
fringe district, on Lots 22, 23, and 24, Block P, Riverview
Heights, generally located at 8245 Riverview Ter.race N.E., with the
following stipulations: �
1. The petitioner shall submit an elevation certificate verifying
the first floor elevation of the dwelling and the breezeway.
2. The petitioner shall execute and record against the property
a hold harmless agreement releasing the City from liability.
3. The petitioner shall grant a 15-foot flood control, street and
utility easement along the west groperty line.
UPON A VpICE VOTE, ALL VOTING AYB, VICE-CHAIRPERSON RONDRICK
DECLARED THE MOTION CARRIED IINANIMOIISLY.
Ms. McPherson stated the City Council would consider this request
on December 19.
2. CONSIDERATION OF A LOT SPLIT. L.S. #94-07, BY PLUNKETT�S PEST
CONTROL•
To redefine Lots 1 and 2,'Block 10, Great Northern Industrial
Center by moving the joint property line 39 feet east of its
current location. The legal descriptions for the two lots
will be as follows:
Parcel A: Lot 2 and the West 39 feet of Lot 1, Block 10,
Great Northern Industrial Center-Fridley, according to
the recorded plat thereof, Anoka County, Minnesota.
Parcel B: Outlot JJ, Outlot II, and that part of Lot 1,
Block 10, lying east of the West 39 feet thereof, Great
Northern Industrial Center-Fridley, according to the
recorded plat thereof, Anoka County, Minnesota.
This property is generally located south of 52nd Way and west
of the Burlington Northern railroad tracks.
Mr. Hickok stated the request is for a reconfiguration of two
existing lots within the Great Northern Industrial Park development
area. Plunkett's Pest Control is interested in a site east of
Industrial Boulevard and south of 52nd Way. The original
development was platted in 1968. As a stipulation of the
development, two-acre minimum lot sizes were required. Over the
course of time, properties have developed surrounding this lot and
resulted in a lot less than two acres or 1.69 acres. Plunkett�s
Pest Control happened upon this as they prepared to develop the
site. They are proposing a 12,000 square foot building, 30 parking
11C
PLANNING COMMISSION MEETING, N09EMBER 30, 1994 PAG$ 5
stalls, and outdoor screened storage area. The soltition to this is
a reconfiguration of the lots that would move the lot line 39 feet
east. This would allow the proposed site to have the two-acre
minimum and still allow the remaining lot to meet the two-acre
minimum for this development. The zoning code requires 1.5 acres
so this request relates to the covenants in that development.
Mr. Hickok stated staff recommends approval of the Lot Split
request with the following stipulations:
1. All building and site design standards shall meet or exceed
the code requirements of the M-2 zoning district.
2. A new survey shall be prepared showing the correct site
configuration of Lots 1 and 2, Block 10, Great Northern
Industrial Center.
3. The lot split shall be recorded with the Anoka County
Recorder's Office prior to issuance of a building permit for
either Lot 1 or Lot 2, Block 10, Great Northern Industrial
Center.
4. The cost of any modifications to the utilities related to this
reconfiguration sha11 be the sole expense of the property
owner or successor for both Lots 1 and 2, Block 10, Great
Northern Industrial Center.
5. Park dedication fees shall be paid at a rate of $.023 per
square foot of land. Dedication fees shall be paid at the.
time of building permit issuance for each of Lots 1 and 2,
Block 10, Great Northern Industrial Center.
Mr. Oquist asked to clarify that the ordinance is 1.5 acres but the
covenants for this development are 2 acres. Otherwise, the
development complies with the ordinance.
Mr. Hickok stated this was correct.
Mr. O�Reilly, President of Plunkett's Pest Control, stated their
company will be 80 years old next year. The company is a family
owned business. His iather bought the business from the Plunkett's
in the 1920's. His father ran the company until 1968, and he has
run the company since then. They have four addresses within the
City of Minneapolis and are now looking forward to moving to this
site due security concerns where they are now located. Plunkett's
is a pest control service company with employees throughout the
state and also in neighboring states. The pesticides they handle
are very similar to those available in hardware stores.
Mr. Sielaff asked if pesticides would be stored in the proposed
building.
11D
PLANNING COMMI33ION MEETING, N04EMBER 30, 1994 PAGB 6
Mr. O'Reilly stated yes, but the supply is not very great. Their
supplier has overnight freight so they can keep their supply low
for economic reasons and reduce the fire hazard. Once-in a while,
they will stock an item.
Mr. Oquist asked if this location would be their main and only
building.
Mr. O'Riley stated this would be the place they would do office
work. They have little service sites around the state, but this is
the only place that is staffed.during the day. The main function
at this site is to be office work.
Mr. Kondrick asked if the petitioner understood the stipulations.
Mr. O'Reilly stated he had understood the stipulations and
concurred.
Mr. Sielaff asked if a Phase I needed to be dane for a site
evaluation. There has been contamination in this area.
Mr. Hickok stated a Phase I is not done as a standard practice for
a site such as this or in this area.
Ms. McPherson stated it is not�a code requirement of the City that
a Phase I environmental audit be completed. Typically, it is
standard practice by banks and mortgage companies to have a Phase
I audit.
Mr. Ryden stated he had a question pertaining to the stipulation
requiring a survey. He believed the survey they provided showed a
small piece just t� the east which makes the site 4.33 acres rather
than 4.07 acres. Is staff looking for a new survey?
Mr. Hickok stated they are asking for a boundary survey showing the
parcels as they have been newly created.
Mr. Ryden stated he was surprised by the covenants. The lot split
will allow them to sell the property and hoped the Commission would
recommend approval.
MOTION by Mr. Sielaff, seconded by Ms. Modig, to recommend approval
of Lot Split Request, L.S. #94-07, by Plunkett's Pest Control, to
redefine Lots 1 and 2, Block 10, Great Northern Industrial Center
by moving the joint property line 39 feet east of its current
location. The legal descriptions for the two lots will be as
follows:
Parcel A: Lot 2 and the West 39 feet of Lot 1, Block 10,
Great Northern Industrial Center-Fridley, according to the
recorded plat thereof, Anoka County, Minnesota.
11E
PLANNING COMMIS3ION MEETING, NOVEMBER 30, 1994 PAGE 7
Parcel B: outlot JJ, Outlot II, and that part of Lot 1, Block
10, lying east of the West 39 feet thereof, Great Northern
Industrial Center-Fridley, according to the recorded plat
thereof, Anoka County, Minnesota.
This property is generally located south of 52nd Way and west of
the Burlington Northern railroad tracks, with the following
stipulations:
1. All building and site design standards shall meet or exceed
the code requirements of the M-2 zoning district.
2. A new survey shall be prepared showing the correct site
configuration of Lots 1 and 2, Block 10, Great Northern
industrial Center.
3. The lot split shall be recorded with the Anoka County
Recorder's Office prior to issuance of a building permit for
either Lot 1 or Lot 2, Block 10, Great Northern Industrial
Center.
4. The cost of any modifications to the utilities related to this
reconfiguration shall be the sole expense of the property
owner or successor for both Lots 1 and 2, Block 10, Great
Northern Industrial Center.
5. Park dedication fees sha11 be paid .at a rate of $.023 per
square foot of land. Dedication fees shall be paid at the
time of building permit issuance for each of Lots 1 and 2,
Block 10, Great Northern Industrial Center.
IIPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDitICK
DECLARED THE MOTION CARRIED IINANIMOIISLY.
Ms. McPherson stated the City Council would consider this request
on December 19, 1994.
3. RECEIVE THE MINUTES OF T�iE HOUSING & REDEVELOPMENT AUTHORITY
MEETING OF OCTOBER 24. 1994
MOTION by Mr. Saba, seconded by Mr. Oquist, to receive the Housing
Redevelopment Authority minutes of October 24, 1994.
UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR
DECLARED THE MOTION CARRIED QNANIMOIISLY.
4. RECEIVE THE MINUTES OF THE HUMAN RESOURCES COMMISSION MEETIPTG
OF NOVEMBER 3, 1994
MOTION by Mr. Oquist, seconded by Ms. Savage,'to receive the Human
Resources Commission minutes of November 3, 1994.
11F
PLANNING COMMISSION MEETING, NOVEMBER 30, 1994 PAG$ 8
UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICK
DECLARED THE MOTION CARRIED IINANIMOUSLY.
5. RECEIVE THE MINUTES OF THE APPEALS C�MMISSION MEETING OF
NOVEMBER 8.. 1994
MOTION by Ms. Savage, seconded by Ms. Modig, to receive the Appeals
Commission minutes of November 8, 1994.
UPON A VOICE VOTE, ALL VOTING AYE� VICE-CHAIRPERSON RONDRICK
DECLARED THE MOTION CARRIED IINANIMOUSLY.
6. 1995 MEETING DATES
Mr. Kondrick presented the proposed meeting dates for 1995.
MOTION by Mr. Saba, seconded by Ms. Savage, to accept the proposed
meeting dates for 1995 as follows:
January 4 July 5
January 18 July 19
February 1 August 2
February 15 August 16
March 1 September 6
March 15 September 20
April 5 October 4
April 19 October 18
May 3 November 1
May 17 November 15
June 7 December 6
June 21 December 20
IIPON A VOICE VOTE, ALL VOTING AYE, DICE-CHAIRPERSON RONDRICR
DECLARED THE MOTION CARRIED IINANIMOOSLY.
7. SPRINGBROOK NATURE CENTER CONCERNS
Mr. Saba stated there is a significant amount of development taking
place just north of the Springbrook Nature Center which is �f
concern in lieu of what is happening at the Nature Center. The
developer is talking about taking Springbrook Creek, putting it
underground, and piping the water into the Nature Center. There is
a problem with the wetlands proposed to replace that at the
development site. The DNR went to the site to investigate and were
not allowed on the property. The DNR stopped the development. Mr.
St. Clair is concerned about the recent bumps as high as 33 inches
in the water level at the Nature Center. The high water level has
destroyed the boardwalk several times. The cattails have nearly
disappeared because of the siltation from the runoff. He feels
this development would destroy the Nature Center as we know it
today, if this is allowed to occur without proper management.
11G
PLANNING COMMISSION MEETING, NOVEMBER 30. 1994 PAGE_9
There is reason to believe the figures for water runoff are not
accurate. The City has been given very little notice about the
development in order to give them time to prepare a response. He
feels the developer is not addressing the retention ponds
adequately. He would like to seek the City's help in managing
this. He would not like to see the Nature Center turn into another
Locke Lake. The Springbrook Nature Center Foundation has prepared
a resolution which he read. •
Mr. Saba stated the situation in this area is serious and felt it
important to protect what is there. It appears as if the City of
Coon Rapids is not concerned about the Nature Center but rather
development. The Springbrook Foundation wants the area to be
properly managed.
MOTION by Mr. Saba, seconded by Ms. Modig, to receive into the
minutes the Springbrook Nature Center Foundation Resolution dated
November 14,.I994.
IIPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR
DECLARED THE MOTION CARRIED IINANIMOIISLY.
Mr. Oquist stated the City has an ordinance that one must control
the runoff from their property. Does Coon Rapids have a simi�lar
ordinance?
Mr. Saba stated the Six Cities Watershed District has reviewed the
plan and it appears that the calculations are acceptable. What is
happening in the Nature Center is not the same as what is being
calculated.
Mr. Kondrick stated, in an article in the paper, Mr. St. Clair
stated he was not sure what percentage of the increase in water was
from the Coon Rapids side and how much was from the development to
the east.
Mr. Saba agreed that other development has also had an effect.
Mr. Kondrick stated the recent development at Wal-Mart included
retention ponds. Perhaps they are not working as planned. This is
a many sided issue. He agrees the Coon Rapids side has problems,
but there are also problems from other directions as well.
Mr. Saba stated there are problems from Coon Rapids. There was
also talk that 85th would be improved to handle the truck traffic
for the proposed warehouse. The County states there is no plan to
improve 85th.
Mr. Oquist asked if the Wal-Mart retention ponds should be checked
to make sure they are working as planned.
11H
PLANNING COMMISSION MEETING. NOYEMBER 30, 1994 PAGE 10
0
Ms. McPherson stated she had been on the Wal-Mart site after a
heavy rain and she would argue that the Wal-Mart ponds are working.
They have had continued water quality tests. She would argue that
what they are seeing is water that is coming from Spring Lake Park
at Northtown from the development that occurred prior to detention
and retention requirements. What probably exasperated the fact is
that the water is no longer flowing through two open natural
ditches but rather through pipes. Wal-Mart is controlling the
water that is leaving the site as a result of their development.
They are not responsible for the water that is coming from Spring
Lake Park and other areas.
Mr. Saba stated each area is looking to control the water in their
area but no one is looking at the cumulative problem as a whole.
Mr. Hickok commended the Commission on their efforts and stated
staff would do whatever they and the City Council ask of staff.
Today, staff dropped off application for a grant for the
Springbrook Nature Center. The proposed grant is for a three-year
investigation period where they would determine water quality and
quantity, sources, and the next phase would be an additional grant
for implementation. There is some work being done by staff now and
staff are optimistic that the state will see the importance and
look favorably on the request. A decision should be made by late
January.
Mr. Oquist expressed concern that three years will be too late.. �
Mr. Sielaff stated the Environmental Quality & Energy �ommission
talked about an EAW. That would be something that can be done now.
He did not know what the outcome -of that would be. The staff
person is now looking into it.
Ms. Modig asked what was proposed for the replacement plan.
Mr. Saba stated his understanding that a plan has been submitted to
replace the wetlands. The area being developed, however, is
crucial to the Springbrook Nature Center.
8. SAFETY CAMP
Mr. Oquist stated.a Safety Camp for kids will be conducted next
June. This is a two-day camp for second and third graders to teach
them about safety. The City Council agreed to help fund the camp,
along with help from businesses in the City.
ADJOURNMENT
MOTION by Mr. Saba, seconded by Ms. Savage, to adjourn the meeting.
11!
PLANNING COMMISSION MEETING, NOVEMBER 30, 1994 PAGE 11
UPON A VOICE VOTE� ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR
DECLARED T8E MOTION CARRIED AND T$E NOVEMBER 30, 1994, PLANNINQ�
COMMISSION MEETING ADJOIIRNED AT 8:13 P.M.
Respectfully submitted,
; y % � (. /� ����
Lavonn Cooper
Recording Secretary
11J
November 14, 1994
RESOLUTION
Whereas, the Springbrook Nature Center is a flood retention site
for the Spring Creek Watershed; and,
Whereas, the Springbrook Nature Center Foundation observes
immediate and rapid development occurring within the City of Coon
Rapid's Evergreen Industrial Park; and,
Whereas, the Evergreen Industrial Park development would degrad�
natural wetland areas found in the Spring Creek Watershed; and,
Whereas, it has already been clearly observed that the storm water
runoff bumps have exceeded anticipated levels within th� Nature
CenCer; and
Whereas, it has been observed that siltation nas exceeded
anticipated levels within the Nature Center; and
Whereas,.these runoffs are already causir_g serious degradation to
the Nature Center; and,
Whereas, reversing the degradation will ultimately involve
significant costs to the City of Fridley - similar to the costs
incurred at Locke Lake,
Therefore, the Springbrook Nature Center Foundation has resolved
that the City of Fridley take whatever action they deem appropriate
to protect the Nature Center - anywhere from negotiation to legal
action. Further, we recornmend that the current wetlands locaCed in
the City of Coon Rapid's Evergreen Industrial Park be preserved and
protected_
�
Board of D?rectors
Springbrooi: Nature Center Foundatioi�
11K
S i G N— IN S H E E T
PLANNING COMMIBSION MEETING, Wednesday� November 30, 1994
11L
��.�.\
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I
Community Development Department
P G DIVISION
City of Fridley
DATE: December 15, 1994 �
TO: Wi1l.iam Burns, City Manager ��!
FROM: Barbara Dacy, Community Development Director
Scott Hickok, Planning Coordinator
Michele MePherson, Planning Assistant
SUBJECT: Special Use Permit Request, SP #94-17, by Michael
and Julie Heller; 8245 Riverview Terrace�N.E.
The Planning Commission reviewed the special use permit request
to allow reconstruction of a dwelling in the flood fringe
district at its November 30, 1994 meeting. The Commission voted
unanimously to recommend approval of the request to the City
Council with three stipulations: -
l. The petitioner shall submit an elevation certificate
verifying the first floor elevation of the dwelling and ihe.
breezeway.
2.
�
The'petitioner shall execute and record against the property
a hold harmless agreement releasing the City from liability.
The petitioner shall grant a 15 foot flood control, street,
and utility easement along the west property line.
The petitioner has already executed the hold harmless agr�ement
and easement documents. If approved, the City would then record
those executed documents against the property.
RECOMMENDATION
Staff recommends that the City Council concur with the Planning
Commission action.
MM/dw
M-94-737
11M
�
,�
S TAFF REPORT
Community Development Department
Appeals Commission Date
Planning Commission Date : November 30, 1994
City Council Date : December 19 , 1994
APPLICATION NIIMBER: .
Special Use Permit Request, SP #94-17
PETITIONER:
Michael and Julie Heller
LOCATION•
8245 Riverview Terrace N.E. The property is zoned R-1, Single
Family and located in the Flood Fringe (CRP-2) District.
REOIIEST• .
To allow construction/repair of a dwelling in the flood fringe
district.
ANALYSIS•
The'subject parcel is located at the intersection of Riverview
Terrace and Janesville Street. The petitioners have replaced
rotted walls and the foundation on the breezeway portion of the
dwelling. This was completed without obtaining a permit. Once
the petitioner was informed that a permit was required, it was
discovered that a special use permit and variance were also
required.
The petitioner has applied for a variance to correct an existing
encroachment, reducing the side corner setback from r7.5 feet to
15.1 feet. The Appeals Commission voted unanimously to approve
the request at its November 8, 1994 meeting.
According to the flood plain maps, the subject parcel is just
within the boundary defining the CRP-2 District. The
requirements of the district dictate that the.first floor
elevation of the home be one foot above the 100 year flood
elevation. The elevation of the dwelling is 829.6 feet. The
elevation of the 100 year flood is 824.3. The petitioner should
submit an elevation certificate verifying that the first floor
elevation of the dwelling and the breezeway is above the required
flood protection elevation.
11N
5taff Report
SP #94-17, by Michael and Julie Heller
Page 2
**Stipulation** The petitioner shall submit an elevation
certificate verifyinq the first_floor
elevation of the dwellinq and the breezeway.
The City typically requires the petitioner to execute and record
against the property a hold harmless agreement releasing the City
from liability for issuing the special use permit.
**Stipulation** The petitioner shall esecute and record
aqainst the property a hold harmless
aqreement releasinq the City from liability.
The Engineering Department has requested a 15 foot flood control,
street, and utility easement along the west property line for the
improvement of Riverview Terrace.
**stipulation** The petitioner shall qrant a 15 foot flood
control, street, and utility easement alonq
the west property line.
RECOMMENDATION,�STIPIILATIONB:
The request complies with the requirements of the CRP-2 District.
Staff recommends that the Planning Commission recommend approval
of the request to the City Council with the.following
stipulations:
1. The petitioner shall submit an elevation certificate
verifying the first floor elevation of the dwelling and the
breezeway.
�
3.
The petitioner shall execute and record against the property
a hold harmless agraement releasing the City from liability.
The petitioner shall grant a 15 foot flood control, street,
and utility easement along the west property line.
PLANNING COMMISSION ACTION
The Planning Commission voted unanimously to recommend approval
of the request to the City Council as presented by staff.
CITY COUNCIL RECOMMENDATION
Staff recommends that the City Council concur with the Commission
action.
1�0
SP 4i94-17
Michael & Julie He11er
City of Coon Rapids
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Because of the three season porch location in relation to the river and flood fringe area,
changing its use to year round residential living space requires a special use permit.
11R
SITE PLAN
SP 4�94-17
Michael & Julie Heller
11 S FLOOD ZONE M!►�
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Community Development Department
Pi.ArnvuvG D�szoN
City of Fridley
DATE: December 15, 1994 �
TO: William Burns, City Manager ��
FROM:
Barbara Dacy, Community Development Director
Scott Hickok, Planning Coordinator
SUBJECT: Resolution Approving a Lot Split Request, L.S.
#94-07, by Plunkett's Pest Control, to Redefine
Property by Moving the Joint Property Line 39 Feet
East of its Current Location, Generally Located
South of 52nd Way and West of the Burlington
Northern Railroad Tracks
The Planning Commission considered this item at its November 30,
1994 meeting. Plunkett's Pest Control has proposed a Z2,000
square foot building to be located on Lot 2, Block 10, Great
Northern Industrial Center (GNIC). In order to develop this
site, the site must first conform to the minimum two acre size
requirements specified in the GNIC Declaration of Protective
Covenants. Currently, the site contains 1.69 acres. By moving
the property line between Lots 1 and 2, Block I0, 39 feet east,
both Lots 1 and 2 will contain at least two acres.
Upon review, the Planning Commission unanimously concurred with
staff's recommendation to approve the lot split. The
recommendation of approval included the following 5 stipulations:
1. A21 building and site design standards shall meet or exceed
the code requirements of the M-2 2oning district.
2. A new survey sha1Z be prepared showing the correct site
configuration of Lots 1 and 2, Black 10, Great Northern
Industrial Center.
3. The lot split shall be recorded with the Anoka County
Recorder's Offzce prior to issuance of a building permit for
either Lot 1 or Lot 2, Block 10, Great Northern Industrial
Center.
L.S. #94-07, by Plunkett's Pest Control
December 15, 1994
Page 2
4. The cost of any modifications to the utilities related to
this reconfiguration shall be the sole expense of the
property owner or successor for both Lots 1 and 2, Block 10,
Great Northern Industrial Center.
5. Park dedication fees shall be paid at a rate of $.023 per
square foot of land. Dedication fees shall be paid at the
time of building permit issuance for each of Lots 1 and 2,
Block 10, Great Northern Industrial Center.
A resolution has been attached for your review.
RECOMMENDATION
Staff recommends that the City Council concur with the Planning
Commission recommendation and approve the attached resolution.
SH/
M-94-754
11U
RESOLIITION NO. - 1994
RBSOLIITZON APPROVINQ A SIIBDIVIBION, LOT
SPLIT, L.S. �94-07, TO RFDEFINB LOTS i AND Z,
BLOCK 10, GREAT NORTBERN ZNDIISTRZAL CENTER BY
MOVING THE JOINT PROPERTY LINE 39 F8$T LAST
OF IT8 CIIRRENT LOCATION
WHEREAS, the City Council approved a lot split at the
, 1994 meeting, with stipulations attached as
Exhibit A; and
WHEREAS, such approval was to redefine Lots 1 and 2, Block 10,
Great Northern Industrial Center by moving the joint property
line 39 feet east of its current location. The legal
descriptions for the two lots will be as follows:
Parcel A: Lot 2 and the West 39 feet of Lot l, Block 10,
Great Northern Industrial Center-Fridley,
according to the recorded plat thereof, Anoka
County, Minnesota.
Parcel B: Outlot JJ, Outlot II, and that part of Lot 1,
Block 10, lying east of the West 39 feet thereof,
Great Northern Industrial Center-Fridley,
accordinq to the recorded plat thereof, Anoka
County, Minnesota.
This property is generally located south of 52nd Way and west of
the Burlington Northern railroad tracks.
WHEREAS, the City has received the required Certificate of Survey
from the owner; and
WHEREAS, such approval will redefine Lots 1 and 2, Block 10,
Great Northern Industrial Center by moving the joint property
line 39 feet east of its current location.
NOW THEREFORE, BE IT RESOLVED, that the City Council directs the
petitioner to record this lot split at Anoka County within three
years of this approval or else such approval shall be null and
void.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY
THIS DAY OF , 1994.
ATTEST:
WILLIAM J. NEE - MAYOR
WIELIAM A. CHAMPA - CITY CLERK
�
11V
Page 2- Resolution No. - 1994
EXHIBIT A
1. All building and site design standards shall meet or exceed
the code requirements of the M-2 zoning district.
2. A new survey shall be prepared showing the correct site
configuration of Lots 1 and 2, Block 10, Great Northern
- Industrial Center.
3. The lot split shall be recorded with the Anoka County
Recorder's Office prior to issuance of a building permit for
either Lot 1 or Lot 2, Block 10, Great Northern Industrial
Center.
4. The cost of any modifications to the utilities related to
this reconfiguration shall be the sole expense of the
property owner or successor for both Lots 1 and 2, Block 10,
Great Northern Industrial Center.
5. Park dedication fees shall be paid at a rate of $.023 per
square foot of land. Dedication fees shall be paid at the
time of building permit issuance for each of Lots 1 and 2,
Block 10, Great Northern Industrial Center.
11W
sTAFF REPORT
Community Development Department
Appeals Commission Date
Planning Commission Date : November 30, 1994
City Council Date : December 19 , 1994
APPLICATION NIIMBER:
Lot Split Request, L.S. #94-07
PETITIONER:
Brian Tucker, Petitioner, Plunkett's Pest Control
Trillium Corporation, Pentas, Owner
LOCATION•
This property is generally located south of 52nd Way, east of
Industrial Boulevard.
REOUEST•
To allow a lot split/reconfiguration of two currently platted
industrial parcels.
ANALYSIS•
Plunkett's Pest Control has proposed a building for Lot 2, Block
10, Great Northern Industrial Center. Lot 2 contains 1.69 acres.
The restrictive covenants for the Great Northern Industrial
Center require a minimum of a two acre site.
Code Section 205.18.03.A requires a minimum lot area of 1 1/2
acres. Great Northern development covenants exceed the minimum
standard set by the City of Fridley. The request is to configure
Lots 1 and 2, Block 10, is a result of the deficiency in lot size
in accordance with covenant requirements. Lot 1 contains 2.38
acres currently.
By moving the common lot line (between Lots 1 and 2) 39 feet
east. Both lots will meet the minimum two acre development
standard. Lot 1 will contain 2.07 acres and Lot 2 will contairi
two acres.
The Plunkett building/site design consists of a 12,000 square
foot building footprint, 30 parking spaces, and a rear screened
storage area.
Details of the building are being completed and are not available
for full review at this time.
�
�
Staff Report
L.S. #94-07, by Plunkett's Pest Control
Page 2
**Stipulation** All buildinq and site design standards shall
meet or egceed the code requirements of the
M-2 zoninq district.
Great Northern Industrial Center was originally platted in 1968.
The plat included 106 acres. The East River Road Business
Center, Wickes, Perlman Rocque, and many other
industrial/business structures were later developed.
In 1985, an additional 12.4 acres were platted and a majority of
that plat is occupied by the Minikahda Warehouse storage
facility. The 12.4 acre portion lies adjacent to and west of the
Burlington Northern main rail line. Both the first and second
phase of the Great Northern Industrial Center development
required a two acre minimum lot size.
The placement of roads and lot dimension requirement of adjacent
industrial properties caused Lot 2 to be reduced to a substandard
dimension.
**Stipulation** A new survey shall be prepared showinq the
correct site confiquration of Lots 1 and 2,
Block l0, Great Northern Industrial Center.
**Stipulation** The lot split shall be recorded with the
Anoka County Recorder�s Office prior to
� issuance of a buildinq permit for either Lot
1 or Lot 2, Block 10, Great Northern
Industrial Center.
**Stipulation** The cost of any modifications to the
utilities related to this reconfiquration
shall be the sole expense of the property
owner or successor for both Lots 1 and 2,
Block 10, Great Northern Industrial Center.
**Stipulation** Park dedication fees shall be paid at a rate
of $.023 per square foot of land. Dedication
fees shall be paid at the time of buildinq
permit issuance for each of Lots 1 and 2,
Block l0, Great Northern Industrial Center.
RECOMMENDATION/STIPULATION3:
Staff recommends approval of the lot split/reconfiguration of
Lots 1 and 2, Block 10, Great Northern Industrial Center with the
following stipulations:
11Y
Staff Report
L.S. #94-07, by Plunkett's Pest Control
Page 3
1. All building and site design standards shall meet or exceed
the code requirements of the M-2 zoning district.
2. A new survey shall be prepared showing the correct site
configuration of Lots 1 and 2, Block 10, Great Northern
Industrial Center.
3. The lot spZit shall be recorded with the Anoka County
Recorder's Office prior to issuance of a building permit for
either Lot 1 or Lot 2, Block 10, Great Northern Industrial
Center.
4. The cost of any modifications to the utilities related to
this reconfiguration shall be the sole expense of the
property owner or successor for both Lots 1 and 2, Block 10,
Great Northern Industrial Center.
5. Park dedication fees shall be paid at a rate of $.023 per
square foot of land. Dedication fees shall be paid at the
time of building permit issuance for each of Lots 1 and 2,
Block 10, Great Northern Industrial Center.
PLANNING COMMI38ION RECOMMENDATION
The Planning Commission unanimous2y concurred with staff's
recommendation.
CITY COIINCIL RECOMMENDATION
Staff recommends that the City Council concur with the Planning
Commission recommendation.
11Z
CB COMMERCIAL
REAL ESTATE GROUP. INC.
BROKERAGEAND MANAGEMENT
BROKERAGESERVICES
LICEVSED REAL ESTATE BROKER
October 5, 1994
Ms. Barbara Dacy
Community Development Director
CITY OF FRIDLEY
6432 University Avenue
Fridley, MN 55432
RE: Pxo�cTTVE Covnvarrrs
G�AT Nox�xx Irmus�L CErrrEx
Dear Barbara:
���
COMMERCIAL
Local Perspective Worldwide
FOU�iDED 1906
Enclosed is a copy of the Declaration of Protective Covenants and a subsequent Amendment
for the Great Northern Industrial Center park. Per our discussion, it appears that Plunkett's
may not be able to build a facility in the park due to the two acre minimum requirement
described in Section 11 of this document.
As I understand it, our opdons are to increase the size of the project to two acres or obtain
consent from the owners of at least 6090 of the land in the park. The Plunkett's aze not willing
to purchase additional land and we are not sure that we actually have a 4+ acre pazcel to work
with. Also, I am not confident that a petition to the owners of 60% of the acreage would be
successful.
Barbara, we would appreciate any suggestions or insight you may have.
Sincerely,
�.�..
Joh M. Ryden
Associate
(612) 924-4641
�bLOZS.��
Enclosure
11AA
7760 f�it,wc�i�: ��vi�:.��� r: S�n ��rri. Si�rrr�: 7�0. Minur:nr�>i.i5. ti1i,v,�;t.s�rr� >S-i.•S-i3ti3
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Ci�'Y +CODE R�{�UfRE11ll�NTS
E. Nuclear processing or storage facilities.
F. Gas fired foundries.
G. Asbestos manufacturing facilities.
H. Trucking Terminals (Ref. Ord. 995)
I. Uses whose principal operation requires the outdoor storage
o£ raaterials, motor vehicles, or equipment, including the outdoor
manipulation of said materials, motor vehicles, or equipment.
(Ref. Ord. 995)
3. LOT REQUZREMENTS AND SETBACKS
A. Lot Area.
A lot area of not less than one and one-half (I-1/2) acre is
required for one (1) main building.
B. Lot Width.
A lot width of 150 feet is required at the required front setback.
C. Lot Coverage. (Ref. Ord. 951)
(1) The maximum percent of the area of a lot alZowed to be
covered by the main building and all accessory buildings is
as follows:
(a} One (1) Story - forty percent (40�) masimum; fifty
percent (SO$) with a special use permit as provided in (4)
below. � � -
(b) .Two...(2) Sto_rX - .thirty.-£ive� percent (3�$) maximum;
� tourty-£ive• percent ;(4b$� wi�h .a�-.special.use� pe��nit .as
provided in (4) below.
�c) Three (3) Story - thirty percent �(30$). maYimum; fourty
percent (.40$) with a special use per�it:as pravided in (4)
below. `
(d) Four (4) Story - twenty-five percent (25�) matimum;
thirty-�ive percent (35�) with a special use permit in (4)
below.
(e) Five (5) Story - twenty percent.(20$) maximum; thirty
percent (30$) with a special use permit as provided in (4)
below. �
(f) Six (G) Story - fiEteen percent (15�) matit::um; t:.�.lty-
five percent ("I.S�) with a special use permit in (4) beLow.
�;
.18.03.
LOT
REQUIREMEIVTS
AND SETBACKS
k (2) The above 1ot coverage will be subject to o�her
� � co�nsiderations includin� partcing and opere space requireraents,
use of £acilities, �and pro:cimity to other districts, wtiicti may
decrease the maximum lot coverage.
6/92 1 1 BB ?OS.M2-5
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DECLARATZON OF PROTECTIVE COVENANTS
This Declaration, made and entered into as of the
O�:tober , 1969, bY C::�AT NORTIiERN RAII+WAY
8th day of
C��p,tyy, a Minnesota corporation, hereinaftez called "Great"�
Northern":
y4ITNESSETH THAT, WHEREAS:
A, Great Northern is the owner of land called GREAT
NORTFiERN INDUSTRxAI' ��`TE� ' FRIDLEY, situate in the County of
Anoka, Stnte of Minnesota, described as follows:
Lots 1 through ° inclusive, Block l; Lots 1
through 4 inclusive, BlocY. 2; Lot 1, Block 3;
Lot 1. Block 4; Lot l, B1ocY, 5; Lots 1 through 4
inclusive, 91ock 6; I.ots 1 through 6 inc2ua�de3,
Block 7; Lots 1 and 2, Block 8; Lots l,
Block 9; Lots 1, 2 and 3, Block l0; Lota 1, 2
and 3. Block 11, Outlots A through Z inclusive
and Outlots AA thrcugh 00 inclusive, all in
GREAT NORTHERN ZNDUSTP.IAL CE2�TER - FRIDLEY�
according to the plat thereof on file and of
record in the Office of t jnnesotarar of Titles,
in and for Anoka County,
g. Gzent Nozthern is desirous of subjecting GREAT
NORTF�RN ZNDUSTRZAL CEt2TER - FA2DLEY, excent Lot lr B1oCk 3,
thereof, to the protective covenants hereinafter set forth:
NOW TF�REFORE� �reat horthern, for itself, its auccessors
and aaaiqii8, hereby declares GREAT NORTF�RN INDUSTRZA�' C�TER �
FRIDLEY, hezeinafter in this Declaration called "CENTER", except
Lot 1� Block 3, thereof, is and shall be held, transferred, aold�
conveyed and occupied subject to the protective covenants hereinafter
aet forth:
SECTIOi3 I
purvose
��E�Fg" is subjected to these orotective covenants for
the purpoae of encouraging the most appropriate use of the land
within "CENTER , p�eventing the overcrowdinq of land, preserving
and increasing„the amenities of the azea, encouraging the erection
of attractive improvenents thereon, maintaining prover set-backs
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lrom tha streets, asid in qeneral providing adequately :or the
high type and quality isaprovement of °CENTER".
SECTION II
Buildinq Site
The term "buildin aite" as used in this Declaration shall
be daemed to mean a tract of land within "CENTER" havina not less
tw a rea of land area and exce t for Lot 1 Bloc:k 1 of �aid
lat, not less than 150 feet of fron:age on a public street (whether
such blic street is dedicated or is dedicated in the future). No
building or other structure (exclusive of streets, curbs, gutters,
rail"road trackage, utility lines, siqns as set forth hezein in
Section IZI, and appurtenances thereto) shall be permitted in "CF::"ER"
other than on a building site. No private easement for roadway,
street or driveway purposes shall be granted ovez Outlots A, C, D,
E� F. G� H� 2� T� U� V� W. X� Y� aT�d 2 inclusive, 3I1C� OL1tiOt8 AA�
BH � CC � EE � F'F' ► GG � Hfi � II � SJ � and KK iAClusive � which prov { de
the sole means of access to any building site or any other tract of
land within "CENTER", except those gzanted cr dedicated to a public
body, such as a municipal corporation or political subdivision.
S�CTION III
General Restrictions
A. USES: Al1 building aites are to be used primarily
for manufncturinq, compounding, treatment, assemblinq, processing,
packaqinq, wholesnlinq, jobbing, wnrehousinq, distribution, storaqe,
or business of a similar naturer nnd no portion o: anY building site
shall be used for any of the followinq uses:
(1) Dwellinqs, motels, hotels, nursing homes,
boardinq house�, apa=tn►ent butldinqs, town-
houses, mobile homea, trailers or residences
of a aimilar nature; provided, however,
reaidential uses necessary for opezating.
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(2)
(3)
(4)
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security or eafety re..tisons in relation to a
principal use shall be allowed within a
buildinq site.
Retail places of business engaqed in the. �ale
to ehe qenaral public of motor fuel�, auta�otive
acc�saories, iood, liquor or beverages of any
sort, entertainment, automotive os truck main'
tanance or repair, and businasses of a similar
nature; provided, howe•�er, in-plant services
of such similar natu�� are permitted on a
building site, when such services are required
in the operation and maintenance of a principal
use on said building site.
Signs which direct attention, carry any written
announcement, declaration, demonstration,
dispiny, illustzation, insignia or illumination
used to advertise, promote or direct attention
to a business, co�nodity, service, or �ocation
not exclusively related to "CENTER"; provided,
however, siqns directing attention to the
location of a business within "CENTER" or
advertisinq the sale or lease of real esta�=
within "CErTER" shall not be subject to the
restrictions of this subparagraph (3).
Signs attached to a building �rhich extend
above the eave line of such building; signs
all or any part of which are within the boundary
of a public street (whether such public street
is dedicated or is dedicated in the future);
signs not on a buildinq site; signs in excess
of 100 square feet of total illustrated
surface area per 43,560 square feet of
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building site area; siqas in exceaa of
40 feet above the average center line grade
of the adjacent public atreet nearest to
4ay�j s�qnj provided, :.owever, :.:qna dizecting
attentioa to the location of a busineaa
within "CENTER", or adverZ3siag the sale or
lease of real estate within "CE�tTER", shall
not be required to be located on a buildinq
site, ar.d such signs shall not be subject to
the hereinbefore stated size limitation, and
such signs ehall not be used in computinq
surface area when determininq the area o:
illustrated surfacing allowed on n buildiny
site.
B. SET-BACX REQUTAEMEhTS� No buildinq or other struc-
ture or object (exclusive of streets, cuzb, gutters, access dziva-
ways, sidewalks, screening walls and architectural :-•:=tures;
fencee, landscaping, railroad tracics, utility 2ines and agpurten-
aaces thereto) shall be permitted in "CEA�TER" nearer than:
(1) 35 feet from the front exterior boundary line
of a bui2dina site fronting on a public street
(whether such public street is dedieated oz is
dedicated in the future).
(2) 20 feet from any side or rear exterior boundary
line of a building site. Except that a buildinq
or structure may be located within said 20 feet
if the adjacent tract or parcel of land is
utilized foz zailroad trackaqe and said building
or str. �ure is designed to allow loadinq, un-
loading and similar services r�o�ally provfded
from railroad trackage.
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The area between the
perimeter of a building site and any building or stru�:ture located
thereon shall be used for lan6scaping, walks, accesa driveways,
loadinq araaa, or ,;rkinq areas; provided, hoY��er. no driveway
parallcl to an extarior boundary line, parking azea, or loading
area shall be permitted nearer than:
(3) 35 feet from the fzont exterior boundary line of
a buildinq site fronting on a public street (whether
such public street is dedicated or is dedicated in
the future).
(41 Five (5) feet from any side or rear exterior bound-
ary line of a building site. Except that a loading
area may be iocated �:ithin the said five feet if
the adjacent tract or parcel of land is utilized
for railroad trackage and said loadinq area is
designe� to ellow loading, unloading and similar
aervices normally pzovided from railr��.: tracl:aqe.
Except that driveways parallel to an exterior
boundary line, loadina nreas, and parking areas
may be locnted within said five feet if u�cd in
cor�anon and in conjunction with an adjoinin4 build-
inq sitc.
C. PARKZNG AND APPURTENANT riANEWERZNG AREAS:
From and after the date that a building is constructed on n build-
ing site, the owner from time to time of such buildinq site shall
maintain adequate and sufficient off-street parking and maneuver-
ing areaa thereon to serve the needs of such building site and
the neede of all employees, visitors, invitees or customers of
such owner, takinq intc .ccount the stzuctures, building or build-
ings located or to be located thereon and the use made or to be made
thereof. Said owner ahnll construct and maintain at all times Buch
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parkinq areas. n�aneuvering areas and drives surfaced With asphalt,
conczete or other means Bo as to provide a firm and du:t-fzee
surface. If visible from an adj�cent public street (whether such
public street :.s dedicated at the time of :.,nstruction or is
d�dicated thereafter), said owner shall screen aaid pazkiaq and
maneuvering areas with an architectutal feature, wal1, fence or
landscape plantinq not less than three feet in height and not lnss
than 50 per cent opaque-
D. LOADING DOCKS 1�ND MANEUVERING AREAS: From and after
the date that a buildinq is constructed on a buildinq aite, the
owner from time to time of such buildinq site shall provide ade-
quate loadinq facilities thereon to serve the needs of such
Duildinq site, takino into account the building oz bu��dinqs
located or to be located thereon and the use made or to be made
thereof. Said owner shall further provide such loading facilities
and maneuvering areas in such manner, form and extent on the build-
inq site so as to insure so far as possible the*. .•.o loadiaq, un-
loadinq or maneuvering of motor vehiclea takes place on a public
street or on an adjoining tract or parcel of 2and occupied by
railroad trackage. Said owner shall constzuct and. maintain at all
times such loadinq and maneuvering azeas surfaced with asphalt,
concrete or other means so as to provide a firm and dust-free
surface. Zf visible from an adjacent public street (whether such
publfc street is dedicated at the time of cons�ruction or is
dedicnted thereafter), said owner shall screen said loading docks
and maneuvering areas with an architectural feature, wall, fence
or landscape planting not 2ess than six feet in height and not
less than I00 per cent opaque the year around.
E. oUT�_`E STORAGE: All building Bites are to be use3
primarily for the construction of structurea or buildings aad their
appurtenances; however, the storage of personal property other than
railroad equipment or transportation vehicles shall be allowed in
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N��gg° provided the foll�w+in8 minimum requirementa are met:
(1) Such storage areas shall be surfaced by a means
praviding a firm and dust-free aurface.
(2) Such storage areas shall be s�T•ened fzom view
i�rom anY adjoiaing building site and irom any
public street (whether such puhlic atreet ia
dedic�sted nt the time of constzuction or ls
dedicated thereafter) by a building, structure
or architectLral feature, wall, fence or land-
scape plan:ing not less than eight feet in
heioht and not less than 100 per cent opaque
the yeaz azound.
(3a Such atoraqe areas shall conform with the "roat
•et-back zequirements for buildings or other
structures a� established hereinbefore in Para-
qraph B(1) of this Secticn IIZ-
F. CONSTRUCTION: The outside walls of *ny and all
buildinqs or structurea �zected or constructed on a building site
shall bo of fizeproof matezial and all such outside walls fronting
on a public street shall be tzeated as an architectural surface
with approprinte decorative :eatures compatible with adjacent
buildings or atructures within "CRNTER".
�, pERFORMANCE STAtdDARDS: For the purpose of develop-
ing a compatible relationship of uses within "CEh'TER", the follow-
ing minimum standazds shall apply and shall be met by all uses on
bu�lding sites within said prenises:
(1) hoise: Any use established shall be so operated
so that noise resulting from said use is generally
not perceptible beyond the extezior boundazies of
the building site on which such use is located.
This standard shall not apply to incidental
traffic, parking, loading, unloading, railroad
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(4)
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operatioas. con�truction, or maintenance
cperations.
Smoke and Particulatc Matter: Any use satab-
lished, enlarged or remodeled shall be so operated
as to control thc emission oi amoke or particulate
matter to the degree that it is not qenarally
detrimental to or shall endar►ger the health,
safety, comfort or general welfare of Lhe public.
For the purpose of grading t�e�deasity of amoke,
the Ringelmann Chart or equivalent published and
used by the United States Buzeau of Mines shall
be employed. The emission of smoke shall not be
of a denBity greater than No. 2 on the RinqeLnann
Chart.
Toxic or Noxious Matter: Any use established shall
be so opezated as not to qenerally discharqe across
the exterior boundaries of the building site or
through percolation into the �ubsoil beyond the
exterioz boundaries of the building site wherein
such use is located, toxic or n�xious matter in
such concentration as to be generally detrimental
to or endanqer the public health, safety, comfort
or welfare or cause injuzy or damaqe to property
or business.
Odors and Aiz Pollution: Any use established, en-
lazqed or remodeled shall be operated so as to
qenerally prevent the emission of odors or matter
which is of auch quality and quantity as to be
readily detectal�le at any point bcyond the exterior
boundary line of tiia buildinq site on which auch
use is located.
) Vibration: Generally nny use creating periodic earth-
shnking vibrations, such as mey be created
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irom a drop forqe, slall be prohibited ii
such vibrations aze perceptible beyond the
nxtezior boundary line of the iuildinq site
on which the use is located. Thia stand�rd
shall not apply to vibrations created during
the process of construction or vibrationa
of any type incident to railway operationa.
Glare or Heat: Any use requiring an operation
producing an intense i:_at or light trans-
misaion shall be performed with the necessazy
shieldinq to prevent such heat or liqht from
beina detectable at the exterior boundary
line of the buildinq site on which the use
is located. Lightinq, other than illumination
for atreet, parkinq area, loadinq area, walk,
dziveway, and railway signals shall be diffused
or directed away from dedicnted public streets
Radiation and Electrical Emissions: No activ-
itiea shall be permitted that emit dangerous
rndioactivity beyond enclosed areas. There
shall be no use established which creates
electrical disturbance adversely affectin.a the
operation of any equipment in "CENTER" other
than that of the creator of the disturbance.
SECTION IV
LI23DERGROUND UTZLITIES
Zt is the intent and purpose of "CEPITER", in keepinq
with the general plan for the development thereof, to have a sub-
stantial part of the electric p��er distribution lines, qas �ains,
taleph�ne and communication lines, hereinafter referred to as
underqround utilities, placed underqround.
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(1) Easements, pe�►it$ °= li•:enses for such underaround
utilities have been gzanted on the plat of "CE27TER" or will hnre-
attar be granted.
�2� "CENTER". and �y buildinq or stzucture located
theraon, shall be ser�iced by said underground utilitiea and by suCh
facilities which shall be located above, on or beneath the grouad
surface appurtenant to said underground utilities as are necesaazy
or convenien= for the operation or maintenance of aaid undcrground
utilities. Aboveqround qas mains, electrical, telephone and com-
muaication service facilities, poles, wires and appurtenances may
be tem�orarily installed on the qround surface or overhead durinq
construction or during repair of said respective underqround utility
systems.
(3) No excavationa, except for underqround utilities,
no chanqes of finished grade, and no structures or app�atus of any
kind, except line fences, shall be allowed within said underground
utility easements of "CENTER". No dsiveway or other areas shall
be paved until the property owner has coordinated this wo�k with
the appropriate utility company involved and said utility company
has qiven property owner written notice that this work and the
axistence of the driveway or other paved �rea will not interfere
with the reapective underqround utility. Except as �*.'ovided herein,
thn ar�mers shall have the riqht to make any use of the land subject
to such easements which is not inconsistent with the riqhts qranted
for said underqround utilities; provided, however, that the owners
shall not plant trees or large shrubs within the underground utility
easements. Utility companies shall have the right, without incurring
any liability to the property owner for doing so, to trim� cut, or
rea►ove trees, bushes, or other plants of anY kind located within
said underground utility easements, and shall a:so have the right
to trim roots and foliage of any trees, bushes, or other Plants,
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Whether within or Mithout said u��derqround easements, r►hich ia the
opinion of Utility Companies may interfere with ths facilities
located within �aid underground utility easements or with the
installation, rniastallation, modification, repair, rtaintenance, or
r�moval thareof.
(4) The qrade established by "CENTER" in accordance with
local governmental regulations at the time the respective Utility
Compa�y places its underground facility in sa3d easementa shall be
considerad the final or finished Rrade. No property owner shall
make any change in auch grade in or near said easements or alter
any qround conditiona, includinq drainage, when the change in qrade
or alteration of qround conditions, in the opinion of the respec-
tive Utility Company, interferes with the facilities alzeady
installed.
(5} Property owners shall pay to the respective Utility
Company the cost of relocation or rearrangement of utility equip-
ment where, in the opinion of said Utility, such relocation or
rearrangement is made necessary because of a violation by the prop-
erty owner of any of the foreqoinq restrictions pertaininq to
unntrqround utility inatallationa.
(5) Notwithstanding any provisions of Paragraphs (1)
throagh (5) of this Section SV to the contrary• Great Northern
Railway Company, for itself, its successozs and assigns, and for
any other railroad comunny admitted to use of trackaqe in "CENTEF",
hereby specifically re9erves the right to construct, maintain,
operate and use railwny trackage and buildings or othez structures
for railway purposea upon the said undezgzound utility easements,
and reserves the riqht to construct, maintain and use or to permit
to be conetructed, maintained and used by others any existinq or
additional pipe, telegraph, telephone or powez transmission lines
upon, over or beneath the safd underground utility easementa, and
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resezves the right to iaake any changes in qrade or location of its
railway or any of its tracks or to rearrange its station facilitiea,
o= to use said underground utility easements or any part thereof
for railway purposes. Any and all utilities snal' :,e placed over
or under Itailway Company trackage in accordance with Aailway
Company plans an� specifications.
Si:CTTON V
Enforcement
These protective covenants shall operate as covenaats
runninq with the land and shall be enforceable by each and every
owner of a buildinq site or by Great P�orthern, either in law or in
equity, and such owner or owners or Great Northern shall have •.he
right to sue for and obtain (a) an injunction, prohibitive or
mandatory, to prevent the breach of, or to enforce the performance
or observance of, these protective covenants or (b) a money jud,q-
ment for damages by reason of a breacn of these protective cove-
nants, or (c) both (a) and (b).
SECTZON VI
Duration of These Protective Covenants
These protective covenants shall be binding upon and
shall inure to the benefit of Great i�orthern, its successors and
assiqns, to and including 30 years from date, at which time the
same shall terminate and be of no further force and ef_`ect.
SECTZOh VZI
t4odification and Extension
This Declaration and the protective covenants herein con-
tained may be amended in any respect, or terminated, at any time
and from time to time by written agzeement duly filed for registrhtion
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in the Office of the Registrar os �itles for Anoka County, Minnesota,
and du�y e�cecuted in recordeble form by persons, partnerships, cor-
porations, and other entities who, in the nqqzeqate, are on the date
of filinq, the ::.cord holdera of leqal titl� tc at least sixty (60)
per cent of the lar.d acreaqe in "CENT�R" exclusiVe of stzeets and
other public lands, if any.
SECTION VIIZ
�ev_erabili�
Invalidation o� any of the provisions of these protective
Covenants whether by CourC Order or otherwise shall in no way affect
any of the other provisions which shall remain in full force and
effect.
SECTI01� IX
Ca�tions
The captions, appeazing in these protective covenants,
are insezted only as a matter of convenience and ir. no way define,
limit, construe or describe the scope or intent of these protective
covenants nor in any way modify er affect the same.
IN TESTIMONY WHER�:OF, Great Northern Railway CompanY has
causcd this instrument to be executed i:i its cosporate name by its
Presioent and its _ Assistant Secretary
and its corporate seal to be hereto affixed the day and year first
hezeinabove wzitten.
ItJ PRESENCE OF :
�l�G4�� J =F �� —
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GREAT NOR�IERi1 RAILWIY CO�1P11I�'Y
By: / � � -
Presi ent
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Attest: � � 'l�'��
ti.� s�c.aes�;;
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(CORPOR�'I'E� �:�1.)• .w�
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STATE OF MItJNESOTA)
) ss
COUhTY OF FiA.�1SEY )
October _____, 1969, before
On this 8th day of ___________.___
me, a Notary Public, within and for said County personally appeared
and G. F. Steinhibel________ to me
J. t•t. Budd ------------------
personally known, r:ho, beinq eacli by me duly sworn diC say that they
are respectively the ______ pregident and
Assistant SecretazY of GREAT NORTtiERN RAILWAY COfiPA2.Y, the
corporation named in the turegoinq instrument, and that the seal
affixed to said instrument is the corporate seal of said corporation
and tliat said instrument was signed and sealed in bchalf of said
corporation by authority of its Board of Directors and sr:'
----- = _ 1�1._ Dudd ----------- and ---- � = F _ Steinhibel ------------
acknowledged said iastrumenL to be the free act and deed of �said�='"�•.�•
., • .
corporation. .. ��
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. 0. X. 1110KOPP. NoUry �blle, Itamsqr Counry. Mlnn. ���� �
Mr Commlaflon fs91n� Ayn1 22, 1f71
.s.,��..� _.
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C[TY OF FRIDLEY p
6431 UNIVERSITY AVENUE N.E.
FR�DLEY, MN 55432
(612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT
LOT SPLIT APPLICATIUN FORM
PROPERTY INFORMATION - site plan required for submittal; see attached
Address: 52nd Wa
Property Identification Number (PIN) 27~30-24-12-0013 and -0014
Legal description: Lots 1 and 2, Block 10, Great Northern Industrial Center
Lot Block TracdAddidon .
Currentzoning: I-2 Squazefootage/acreage 177,290/4.07 Ac.
Reason for lot split: �ot 2 is currently only ]..69 acres and needs an addition
of .31 acres to meet park covenants.
Have you operated a business in a city which required a business license?
Yes X No If yes, which city? Minneapolis
If yes, what type of business? Pest control
Was that license ever denied or revoked? Yes No X
FEE OWNER INFORMATION (as it appears on the property title)
(Contract Purchasers: Fee Owners must sign this form prior to processing)
NAME Trillium Corporation - Pentas
ADDRESS 1307 Cornwall, Suite 200
lingham, wA 98225 DAYTIMEPHONE (2�6) 738-3�50
SIGNAT � , —t= _ �.� �.. t, -t� pATEf l:: ��4% I `Yi � (
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PETITIONER INFORMATION
NAME Plunkett's Pest Control
ADDRESS 2828-11th Avenue South
Minneapolis, MN 55407 DAYTIMEPHONE (612) 871-7100
SIGNATURE � �; ��c� i,,: DATE i o ` ti/
Fee: $250.00 v �
Permit L.S. # � �1 ' �-� 1 Receipt # `� � 3 !
Application received by:
Scheduled Planning Commission date: � 3� L
Scheduled City Council date:
11vv
PLANNING COMMISSION MEETING, NOVEMBER 30, 1994 PAGE 4
MOTION by Mr. Oquist, seconded by Mr. Saba, to recommend approval
of Special Use Permit, SP #94-17, to allow construc ' n of a
kitchen expansion and repair of an existing dwellin n the flood
fringe district, on Lots 22, 23, and 24, Bl P, Riverview
Heights, generally located at 8245 Riverview T ace N.E., with the
following stipulations:
1. The petitioner shall submit an el ation certificate verifying
the first floor elevation of e dwelling and the breezeway.
2. The petitioner shall ex te and record against the property
a hold harmless agree nt releasing the City from liability.
3. The petitioner s 1 grant a 15-foot flood control, street and
utility easem t along the west property line.
UPON A VOIC OTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR
DECLARED T MOTION CARRIED IINANIM�USLY.
Ms. M erson stated the City Council would consider this request
on ecember 19.
2. CONSIDERATION OF A LOT SPLIT, L.S. #94-07, BY PLUNKETT'S PEST
CONTROL:
To redefine Lots 1 and 2, Block 10, Great Northern Industrial
Center by moving the joint property line 39 feet east of its
current location. The legal descriptions for the two lots
will be as follows:
Parcel A: Lot 2 and the West 39 feet of Lot 1, Block 10,
Great Northern Industrial Center-Fridley, according to
the recorded plat thereof, Anoka County, Minnesota.
Parcel B: Outlot JJ, Outlot II, and that part of Lot 1,
Block 10, lying east of the West 39 feet thereof, Great
Northern Industrial Center-Fridley, according to the
recorded plat thereof, Anoka County, Minnesota.
This property is generally located south of 52nd Way and west
of the Burlington Northern railroad tracks.
Mr. Hickok stated the request is for a reconfiguration of two
existing lots within the Great Northern Industrial Park development
area. Plunkett's Pest Control is interested in a. site east of
Industrial Boulevard and south of 52nd Way. The original
development was platted in 1968. As a stipulation of the
development, two-acre minimum lot sizes were required. Over the
course of time, properties have developed surrounding this lot and
resulted in a lot less than two acres or 1.69 acres. Plunkett's
Pest Control happened upon this as they prepared to develop the
site. They are proposing a 12,000 square foot building, 30 parking
11WW
_�
pLANNING COMMISSION MEETING, NOVEMBER 30, 1994 PAGE 5
stalls, and outdoor screened storage area. The solution to this is.
a reconEiguration of the lots that would move the lot line 39 feet
east. This would allow the proposed site to have the two-acre
minimum and still allow the remaining lot to meet the two-acre
minimum for this development. The zoning code requires 1.5 acres
so this request relates to the covenants in that development.
Mr. Hickok stated staff recommends approval of the Lot Split
request with the following stipulations:
1. All building and site design standards shall meet or exceed
the code requirements of the M-2 zoning district.
2. A new survey shall be prepared showing the correct site
configuration of Lots 1 and 2, Block 10, Great Northern
Industrial Center.
3. The Iot split shall be recorded with the Anoka County
Recorder's Office prior to issuance of a building permit for
either Lot 2 or Lot 2, Block 10, Great Northern Industrial
Center.
, 4. The cost of any modifications to the utilities related to this
reconfiguration shall be the sole expense of the property
owner or successor for both Lots 1 and 2, Block 10, Great
` Northern Industrial Center.
5. Park dedication fees shall be paid at a rate of $.023 per
square foot of Zand. Dedication fees shall be paid at the
time of building permit issuance for each of Lots 1 and 2,
Block Z0, Great Northern Industrial Center.
Mr. Oquist asked to clarify that the ordinance is 1.5 acres but the
covenants for this development are 2 acres. Otherwise, the
development complies with the ordinance.
Mr. Hickok stated this was correct.
Mr. O'Reilly, President of Plunkett's Pest Control, stated their
company will be SO years old next year. The company is a family
p�•�ned business. His father bought tne business from the Plunkett's
in the 2920's. His father ran the company until 1968, and he has
run the company since then. They have four addresses within the
City of Minneapolis and are now looking forward to moving to this
site due security concerns where they are now located. Plunkett's
is a pest control service company with employees throughout the
state and also in neighboring states. The pesticides they handle
are very similar to those available in hardware stores.
Mr. Sielaff asked if pesticides would be stored in the proposed
building.
11 XX
PLANNING COMMISSION MEETING. NOVEMBER 30, 1994 PAGE 6
Mr. O'Reilly stated yes, but the supply is not very great. Their
supplier has overnight freight so they can keep their supply low
for economic reasons and reduce the fire hazard. Once in a while,
they will stock an item.
Mr. Oquist asked if this location would be their main and only
building.
Mr, O'Riley stated this would be the place they would do office
work. They have little service sites around the state, but this is
the only place that is staffed during the day. The main function
at this site is to be office work.
Mr. Kondrick asked if the petitioner understood the stipulations.
Mr. O'Reilly stated he had understood the stipulations and
concurred.
Mr. Sielaff asked if a Phase I needed to be done for a site
evaluation. There has been contamination in this area. .
Mr. Hickok stated a Phase I is not done as a standard practice for
a site such as this or in this area.
Ms. McPherson stated it is not a code requirement of the City that
a Phase I environmental audit be completed. Typically, it is
standard practice by banks and mortgage companies to have a Phase
I audit.
Mr. Ryden stated he had a question pertaining to the stipulation
requiring a survey. He believed the survey they provided showed a
small piece just to the east which makes the site 4.33 acres rather
than 4.07 acres. Is staff looking for a new survey?
Mr. Hickok stated they are asking for a boundary survey showing the
parcels as they have been newly created.
Mr. Ryden stated he was surprised by the covenants. The lot split
will allow them to sell the property and hoped the Commission would
recommend approval.
MOTION by Mr. Sielaff, saconded by Ms. Modig, to recommend approval
of Lot Split Request, L.S. n94-07, by Plunkett's Pest Control, to
redefine Lots 1 and 2, Block 10, Great Northern Industrial Center
by moving the joint property line 39 feet east of its current
location. The legal descriptions for the two lots will be as
follows:
Parcel A: Lot 2 and the West 3� feet of Lot 1, Block 10,
Great Northern Industrial Center-Fridley, according to the
recorded plat thereof, Anoka County, Minnesota.
11 YY
PLANNING COMMISSION MEETING, NOVEMBER 30 1994 PAGE 7
Parcel B: Outlot JJ, Outlot II, and that part of Lot 1, Block
10, lying east of the West 39 feet thereof, Great Northern
Industrial Center-Fridley, according to the recorded plat
thereof, Anoka County, Minnesota.
This property is generally located south of 52nd Way and west of
the Burlington Northern railroad tracks, with the following
stipulations:
l. All building and site design standards shall meet or exceed
the code requirements of the M-2 zoning district.
2. A new survey shall be prepared showing the correct site
configuration of Lots 1 and 2, Block 10, Great Northern
Industrial Center.
3. The lot split shall be recorded with the Anoka County
Recorder's Office prior to issuance of a building permit for
either Lot 1 or Lot 2, Block 10, Great Northern Industrial
Center.
4. The cost of any modifications to the utilities related to this
reconfiguration shall be the sole expense of the property
owner or successor for both Lots 1 and 2, Block 10, Great
Northern Industrial Center.
5. Park dedication fees. shall be pai:d at a rate of $.023 per
square foot of land. Dedication fees shall be paid at the
time of building permit issuance for each of Lots 1 and 2,
Block 10, Great Northern Industrial Center.
UPON A VOICE VOTE, ALL VOTING AYE, VICE-CiiAIRPERSON RONDRICR
DECLARED THE MOTION CARRIED UNANIMOUSLY.
Ms. McPherson stated the City Council would consider this request
on December 19, 1994.
3. RECEIVE THE MII�iUTES OF THE HOUSING & REDEV?LOPMENT AUTHORITY
MEETING OF OCTOBER 24, 1994 ����
MOTION by Mr. Saba, seconded by Mr. Oquist, t�-�ceive the Housing
Redevelopment Authority minutes of Octo� �24, 1994.
UPON A VOICE VOTE, ALL VOTING �YE, VICE-CHAIRPERSON RONDRICK
DEC.LARED THE MOTTON CARRIED IMOUSLY.
4. RECEIVE THE MINUT OF THE HUMAN RESOURCES COMMISSION MEETING
OF NOVEMBER 3 994
MOTION by M Oquist, seconded by Ms. Savage, to receive the Human
Resourc Commission minutes of November 3, 1994.
11ZZ
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Community Development Department
PL�xx�NG D�SION
City of Fridley
DATE: December 15, 1994
TO: William Burns, City Manager ��.
�
FROM:
SUBJECT:
Barbara Dacy, Community Development Director
Appointment of Members of Citizen Advisory
Commission for Clean-Up Week
I am pleased to present eight individuals for City Council
appointment to the Citizen Advisory Committee for Clean-Up Week,
1995. The remaining member will be appointed by the Rotary Club
the first week in ,7anuary (apparently, the Board did not have a
quorum for the December meeting).
The eight members are:
Orqanization
Environmental Quality & Energy Comm.
Parks and Recreation Commission
Kiwanis Club
Lions Club
Rotary Club
Neighborhood Crime Watch Program
Chamber of Commerce
School District
Member
Dean Saba
Susan Price
Mary Bowen
Clem Coverston
(alternate)
Scott Lund
To be appointed
Melvin Bolin
Marvin Platt
(alternate)
Woody Nelson
Duane Knealinq
Committee Appointment
December 15, 1994
Page 2
I hope to have the City Council officially appoint the
representative from the Rotary Club at the January 9, 1995 City
Council meeting.
The first meeting is scheduled for Wednesday, January 11, 1995.
Lonni McCauley and I have met several times to organize the
agendas for the first three to four months. Lonni will be
sending a report to me about her work to-date at the end af this
week; I will forward it onto the City Council as soon as I
receive it.
RECOMMENDATION
Staff recommends that the City Council approve the nominations
for the Citizen Advisory Committee for Clean-Up Week, 1995.
BD/ dw
M-94-748
12A
CITI88N ADVISORY COMMITTEl3 FOR CL13AN-IIP WEER. 1995
MEMBERS
Organization
Environmental Quality & Energy Comm.
Parks and Recreation Commission
Kiwanis Club
Lions Club
Rotary Club
Neighborhood Crime Watch Program
Chamber of Commerce
School District
12B
Member
Dean Saba
6325 Van Buren Street NE
Fridley, NIIJ 55432
Susan Price
7449 Melody Drive NE
Fridley, MN 55432
Mary Bowen
5181 St. Moritz Drive NE
Fridley, MN 55421
Clem Coverston
(alternate)
1424 Creek Park Lane NE
Fridley, I�T 55432
Scott Lund
To be appointed
Melvin Bolin
5460 Horizon Drive NE
Fridley, PIIJ 55432
Marvin P2att
(alternate)
1670 - 68th Avenue NE
Fridley, MN 55432
Woody Nelson
Onan Corporation
1400 - 73rd Avenue NE
Fridley, MN 55432
Duane Knealing
6000 West Moore Lake Dr.
Fridley, I�i 55432
� City of Fridley
C3 Recreation & Natural Resource Department
6431 University Avenue NE, Fridley, Minnesota 55432
Phone # 612-572-3570 Fax # 612-571-1287
December 7, I994
TO: William W. Burns m�
City Manager �
FR:
�A
Jack Kirk .�I�
Director
CONTRIBUTION TO WOODCREST ELEMENTARY SCHOOL PLAYGROUND
At last Monday's (December Sth) Parks & Recreation Commission meeting, the Commission passed
a motion to provide a$2,000 contribution to Woodcrest Elementary to rebuild the playground
equipment that was totally destroyed in the arson fire this past summer. The Woodcrest Elementary
School equipment is used by neighborhood children and essentially serves a large area as a park site
in our community.
In recent years, the City ofFridley has contributed $4,000 each to Hayes Elementary School (District
#14), Stevenson Elementary School (District #14), North Park Elementary School (District #13), and
$2,000 to Woodcrest Elementary School (District #16). This additional $2,000 contribution to
Woodcrest would equalize the contributions for playground equipment to each of the four elementary
schools located in the City of Fridley at $4,000.
The Parks & Recreation Commission discussed the Commons Park shelter that was recently
completed and the fact that the project came in appraximately $10,000 under budget. It was their
recommendation that the City find the $2,000 for the playground equipment contribution to
Woodcrest from the balance remaining in the Commons Park shelter project.
If you need additionat information, or would like to discuss this project in further detail, please let me
know.
JK: sj
13
JK94-136
/
_
CITY OF
ERIDLEY
MEMORANDUM
Municipai Center
6431 University Avenue N.E.
F�idley, MN 55432 �
� (612) 571-3450
TO: The Honorable Mayor and City Council
FROM: William W. Bums, City Manager ��
�
DATE: December 15, 1994
Office of the City Manager
Wiiliam W. Burns
SUBJECT: Request from School District 13 for Cable Television
Fund Money
School District 13 has written us a letter asking to receive assistance for the
purchase of a playback VCR, microphones and a copy VCR. The estimated cost of
these items is $3,000. The payment of this amount is consistent with the direction
of Council at the November 15, 1993, City Council meeting in which it was
suggested that the allocation of the requested money to School District 13 be
approved.
VW1/B:rsc
14
i;
o���, �, � ��o�.
Columbia Heights
Public Schools
Independent School District #13, 1400 49th Avenue N.E., Columbia Heights, Minnesota 55421
Telephone: (612) 574-6505, FAX: (612) 5746541
Dr. Alain Iiolt, Superintendent
Bill Burns, City Manager
City of Fridley
6431 University Ave. NE
Fridley, MN 55432
Dear Mr. Burns,
November 28, 1994
I am writing on behalf of Columbia Heights School District 13 }o seek
assistance from the City of Fridley to upgrade our educational channel. Bill Nee
and Nancy Jorgenson told me that since some District 13 students live in Fridley,
the Columbia Heights School District is eligible for some of the money the city �
receives from the franchise agreement.
Our current equipment for the educational channel was purchased in the
early 1980s and is very outdated. The major problem is that the playback VCR is so
old that it includes only the standard play option. This means that just two hours
of any program can be shown on our educational channel. When programs —
like school board meetings — run longer than two hours, we are unable to show
the whole thing. The school district needs a new playback VCR with an extended
play option so that we can show programs that run past two hours in their
entirety. We are requesting $1,200 for this purpose.
We could vastly improve our videotaping capabilities with a better sound
system. For about $1,000 we would be able to purchase microphones that would
make a big difference.
In addition, we need to purchase a copying VCR. The current model is over
five years old. A new VCR would allow us to improve the quality of tapes we copy
— including the school board meetings that �ve send to Fridley to be shown on the
cable channel. We estimate that �600-$800 would allow us to do this.
We would appreciate youi• help in improving the quality of the educational
cnannel in Coiumbia Heignts SCROOI L13tiI'1CL i3.
.,
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Siiicerely,
�L �\..��.L�� ��f�� L'�.' ��V' ��--.��
Ruth Dunn, communications coorclinator
cc: Alain Holt, superintendent
Linda EI'I1St, media coordinator
An Equal Opportunity Employer
14A
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 15. 1993 PAGE 2
OLD BUSINES5:
l. APPOINTMENT OF THE CABLE TELEVISION ADVISORY COMMISSION
STABLED OCTOBER 4, 1993):.
MOTION by Councilman Schneider to remove this item from the table.
Seconded by Councilman Billinqs. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
MOTION by Councilman Schneider to nominate Gen Peterson, 151 Glen
Creek Road, for appointment to the Cable Television Advisory
Commission to fill the unexpired term of Duane Peterson, which
expires April l, 1995. Seconded by Councilwoman Jorgenson.
Mayor Nee stated that Gen Peterson was a member of the City's
original Charter Commission, a founder of the Fridley League of
Women Voters, and a member of the Anoka County Soil and Water
Conservation District.
UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and
Mayor Nee declared the motion carried unanimously.
2. MOTION DIRECTING PAYMENTS FROM THE CABLE TELEVISION FRANCHISE
FEES (TABLED OCTOBER 18. 1993):
Mayor Nee removed this item from the table.
MOTION by Councilman Schneider to authorize payment of $3,30? to
School District No. 14 and $26,679 to ETC 33 from the Cable
Television Fund. Seconded by Councilwoman Jargenson. Upon a voice
vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
Councilman Schneider stated that funds have been earmarked for the
Spring Lake Park and Columbia Heights School Districts in the same
amount that was allotted to School District No. 14.
NEW BUSINESS•
3. APPOINTMENTS: CITY EMPLOYEES:
Mr. Burns, City Manager, stated that he was pleased to announce two
appointments in Public Works. He stated that both Mr. Jason Wiehle
and Mr. Jeffrey Jensen have been appointed as Public Services
Workers and were chosen from a field of 104 applicants.
Mr. Burns stated that Mr. Wiehle worked part-time for the cities
of Blaine and Fridley, has one year of college, and he has
experience in the field of Public Works.
�=�
�
_
C�� �F
FRIDLEY
MEMORANDUM
Municipal Cenier
6431 University Avenue Northeast
F�id(ey, Minnesota 55432
(612) 572-3507
FAX: (612) 571-1287
William C. Hunt
Assistant to the City Manager
Memo to: william W. Burns, city Manaqer ���
From: William C. 8unt, Assistant to the City Manaqer���
subject: Aqent�s Insurance service Aqreement
Date: December 15, 1994
In recent years it has been the City's practice to solicit
proposals for insurance and risk management services every three
years. In October we sent out requests for proposals to 24
agencies listed in the attached chart. We sent proposals to
agencies which had submitted proposals in 1991 or who had indicated
interest in the intervening years. The League of Minnesota Cities
Insurance Trust also gave us a list of agents serving cities with
a population of 20,000 or more.
Nine agencies submitted proposals by the November 18, 1994,
deadline. On December 1 I met with John Sullivan, Risk Management
Coordinator for Anoka County, to review the proposals submitted.
Criteria for the review included the stability of the agencies,
experience with government accounts, level of professional
liability insurance, willingness to provide services "net of
commission," and cost of services over a three year period.
Three of the agencies proposed alternatives to a straight fee for
services approach. Their cost of services also tended to be on the
high side. One agency made a proposal for only one year with the
fee for subsequent years to be negotiated, and another proposed a
minimum fee with the provision that there woul�d be additional
charges if the value of the time spent exceeded the minimum.
Four agencies submitted proposals with fixed dollar amounts for
their fees for services. They also had the lowest cost for their
services. All four of these agencies were financially stable and
had significant experience with local government accounts. The
average yearly costs ranged from $4,000 to $9,50Q. We did not
consider the $5,500 difference to be significant. It amounts to
less than two percent of our total premium cost of about $350,000.
One good decision could easily save us that amount, so we went on
to consider other factors.
Mr. Sullivan feels that the City of Fridley is in a good position
to consider self insurance, at least for workers' compensation
Memorandum to William W. Burns
Agent's Insurance Service Agreement
December 15, 1994
Page Two
insurance. I polled each of the four agencies, and all were
willing to conduct a self insurance feasibility study in 1995
either for the same fee or for a nominal increase. It turned out
that Mike Hadtrath, Vice President of Corporate 4 Insurance, Inc.,
had done such a study for the City of Bloomington a few years ago
and was interested in doing one for the City of Fridley at no extra
charge.
Finally, we looked at the City's record with Corporate 4, our
current agency of record. Our annual review showed that the agency
had complied with all contractual obligations. During the past
three years our experience modification for workers' compensation
insurance has dropped from 1.00 to 0.85, saving us about $30,000
per year in premiums. The 1994 premium for liquor liability
insurance was $12,828 less than the premium for 1993. Over all,
insurance premiums dropped by $53,481 from $405,909 in 1993 to
$352,428 in 1994.
On December 14, 1994, I reviewed these considerations with Paul
Hansen, Staff Accountant, who is responsible for premium
administration. We concur in the recommendation of Corporate 4
Insurance, Inc. to continue as the City of Fridley's Insurance
Agent of Record for the next three years. I have prepared a
resolution to that effect and a contract for approval.
I would appreciate your presenting this matter to the City Council
for consideration at their meeting of December 19, 1994.
Ca�7
CITY OF FRIDLEY
INSURANCE AGENT OF RECORD PROPOSALS
DUE NOVEMBER 18, 1994
Corporate 4 Insurance, Inc.
7220 Metro Boulevard
Edina, MN 55439
T.C. Field and Company
530 North Robert Street
P. O. Box 64016
St. Paul, MN 55164-0016
Anderson Agency
312 Central Avenue S.E., Suite 488
Minneapolis, MN 55414
Krause Anderson Insurance
1935 West Burnsville Parkway
Burnsville, MN 55337
Rothschild, Bell and Walseth
251 W. Lafayette Frontage Road
P. O. Box 7128
St. Pau I, M N 55107
C.F. Lake and Company
600 South Highway 169, Suite 900
Minneapolis, MN 55426
Johnson & Higgins, Inc.
333 South Seventh Street
Minneapolis, MN 55402-2400
First Insurance St. Cloud
3950 North Third Street
P. O. Box 764
St. Cloud, MN 56302
James Hansen Agency
9921 Central Avenue, N.E.
Blaine, MN 55434
PROPOSALS RECEIVED
$4, 000
$8, 000
$8, 000
$9, 000
$12,0001
c.$15,8002
$15,900
C.$� %,6��3
4
�.- •••
�.: �••
'.• ���
$9, 500
$12,0001
c.$12,6502
negotiable
7773
4
$4, 000
$8, 000
$9,000
$10,000
$12,0001
c.$12,6502
negotiable
7773
a
$12,000
$24,000
$26,���
$28,500
$36,000
c.$41,000
??�
iii
4
1 Minimum fee. Additional charge if value of time spent exceeds minimum.
'- Includes 10% commission on premiums for Liquor Liability and Boiler & Machinery insurance
not provided by the League of Minnesota Cities Insurance Trust (LMCIT).
3 Proposes 5% commission of total premium. In 1994 the total premium
was $352, 428 x .05 = $17, 621.
4 Proposes a$2,000 per year retainer to work with a risk manager plus commission on premiums
other than LMCIT.
15B
RESPONDED WITH NO PROPOSAL
Berkley Insurance Services
920 Second Avenue Sout Suite 700
Minneapolis, MN 55402
First Insurance Hopkins
16 Ninth Avenue North
P. O. Box 8000
Hopkins, MN 55343-041 5
J. A. Price Agency
7100 Shady Oak Road
Eden Prairie, MN 55344
Twin City Group
4500 Park Glenn Road
Minneapolis, MN 55416
Alexander & Alexander, Inc.
Wirth Park Center
P. O. Box 1360
Minneapolis, MN 55440-1360
Apple Valley Insurance Agency
5885 — 149th Street West Suite 102
Apple Valley, MN 55124
Brandow, Howard, Kohler and
Rosebloom, Inc.
7825 Washington Avenue South
Bloomington, MN 55435
First National Agency
324 Oak Street
Farmington, MN 55024
L& G Insurance Agency, Inc.
7317 Cahill Road, Suite 202
Edina, MN 55435-3047
North Suburban Insurance Agencies
P. O. Box 33160
Coon Rapids, MN 55433
Prevention Plus Incorporated
5775 Wayzata Boulevard, Suite 700
Minneapolis, MN 55416
NO RESPONSE
15C
Sebrite Insurance
6465 Wayzata Boulevard, Suite 740
St. Louis Park, MN 55426
Sherman Insurance Agency
239 Livestock Exchange Building
South St Paul, MN 55075
Towle Agency
333 South 7th Street, 17th Fioor
Minneapolis, MN 55402
R. L. Youngdahl & Associates, inc.
10261 Yellow Circle Drive
Minnetonka, MN 55343-9307
N� RESPONSE
15D
RESOLIITION NO. - 1995
A RESOLIITION APPROVINa AN AGENT�S
INSURANCE SER9IC8 AGREEMENT WITH
CORPORATS 4 INSIIRANCB, INC.
WHEREAS, it is the policy of the City of Fridley to protect the.
employees and assets of the City by instituting agpropriate risk
management procedures and by procuring adequate insurance caverage;
and
WHEREAS, the services of an insurance agent help provide
appropriate risk management services and insurance coverage for the
lowest available cost;
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Fridley that Corporate 4 Insurance, Inc. be designated agent of
record for the City of Fridley.
BE IT FURTHER RESOLVED that the Mayor and the City Manager be
authorized to execute the attached Agent's Insurance Service
Agreement.
PAS5ED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF , 1995.
ATTEST:
WILLIAM J. NEE - MP,YOR
WILLIAM A. CHAMPA - CITY CLERK
15E
CITY OF FRIDLEY
AGENT�B INSORANCE SERVICE AGREEMENT
This agreement made , 1994, between the City of
Fridley Insured, hereinafter referred to as "CLIENT," and
Insurance Agent, Broker, and Risk Management Advisor, hereinafter
referred to as "AGENT."
"CLIENT" agrees to engage the services of "AGENT" as Insurance
Servicing Agent of Record with respect to all Insurance of "CLIENT"
within the scope of Professional Liability, Fire, Workers'
Compensation, Casualty and Marine Insurance, and Fidelity and
Surety Bonds, hereinafter referred to collectively as "Insurance,"
subject to the following items and conditions:
I. Term of Agreement
This agreement shall take effect on January l, 1995 and shall
continue and remain in effect for a period of three (3) years,
unless it is terminated prior to the 31st day of December, 1997,
by either party giving the other sixty (60) days prior written
notice of termination.
II. Aaency Representation
It is agreed that, with respect to all services to be performed
under this agreement, "AGENT" shall at all times and in all
circumstances be the Insurance representative of "CLIENT" and shall
use its best efforts to ascertain and understand the risks and the
insurance needs of "CLIENT" and, in all such matters, to act as
though "CLIENTS" interest were its own.
"AGENT" shall also act in the capacity of Insurance Broker or
Insurance Agent to negotiate, place, service and receive commission
(if any) on all or part of the Insurance purchased by "CLIENT"
unless use of another agent or broker is authorized by "CLIENT."
"AGENT" shall be under the duty to fully disclose to personnel
authorized by "CLIENT" any and all commissions, received or payable
and any possible conflict of interest relating to "AGENT'S"
representation of any Insurance underwriter with which Insurance
is to be placed.
"CLIENT" understands that "AGENT" shall act in the dual capacity
of Risk Management Advisor and Insurance Agent.
It is further agreed that the total compensation of "AGENT" as
provided in Article IV hereof, shall not be affected by such dual
capacity.
1
15F
III. Services
"AGENT" agrees to perform during the period of this agreement, in
a competent and professional manner, the following services for
the anticipated or maximum compensation specified in Article IV of
this agreement.
A. Exposure Survey:
Establish a procedure for evaluating all exposures to insurable
losses which are involved in the operations of "CLIENT" and provide
an exposure list updated annually. Particular attention shall be
paid to those exposures which could result in a catastrophic loss.
Work with "CLIENT'S" staff and advisors to explore alternative
means of dealing with loss exposures, such as the elimination or
reduction of risk, complete or partial reduction of risk through
deductibles or self-insurance schemes, and alternative Insurance
underwriters and rating plans which minimize the present value of
cash outflow.
B. Specifications:
Work with "CLIENT'S" staff and advisors to draft coverage
specifications for insurance as shall be purchased by "CLIENT."
Assist in annually filing the statement of insurable values.
C. Quotes and Recommendations:
Obtain proposals and quotes from qualified underwriters on a net
of commission basis if available, for improving Insurance coverage,
and work with the "CLIENT'S" staff and advisors to study and
impartially evaluate all Insurance proposals received, in terms of
the coverage provided, financial standing and services of the
Underwriter and ultimate net cost to "CLIENT," and provide an
Insurance policy inventory and summary, updated annually.
D. Nectotiate, Review Proposals and Claims:
Conduct on behalf of the "CLIENT" all negotiations with all
Insurance representatives and companies relating to issuance and
maintenance of policies, audits, premium reports and all similar
matters customarily handled by Insurance Agents, Brokers, and
Advisors, including the obligation to make diligent efforts to
continue any terminated policies. If "AGENT" is unable to obtain
any insurance ccverage, "CLIENT" shall obtain the coverage from
another source. "CLIENT'S" staff and advisors shall be kept fully
informed of all significant changes and shall be notified on any
new Insurance programs prior to affecting any change. Audited and
approved policies, endorsements and invoices shall be delivered to
"CLIENT" with respect to all Insured losses. "AGENT" shall semi-
annually review liability and worker's compensation reserves listed
by Insurance carrier and rating bureau, and offer recommendation
to "CLIENT."
2
15G
E. Loss Control•
"AGENT" shall serve as Advisor along with insurance company
personnel with respect to Loss Control and Safety Engineering
Programs. Services include inspection of plants and properties;
pre-construction review of plans and specifications for new
buildings and extensive alterations. This is in addition to and
does not include services provided by employees or persons engaged
by the Insurance Co�pany.
On or before the first day of November, "AGENT" shall submit an
annual report of the work performed during the year, the results
achieved, premiums paid and losses incurred on insured risks, a
summary of the current insurance program and any outstanding
unfulfilled recommendations for risk coverage or cost improvement.
F. Communications:
AGENT shall provide no charge phone accessibility, written
confirmation and follow-up of communicating with "CLIENT" and
Underwriters. AGENT shall assist "CLIENT'S" staff and advisors in
the application and use of Risk Management procedures and
information systems.
G. Other Services:
AGENT shall provide all of the services on attached list of
"SERVICES TO BE PROVIDED BY AGENCY" incorporated by reference into
this agreement.
IV. Total Compensation
A. Amount
The total compensation of "AGENT" for services performed under this
agreement for the first year shall be a maximum of $ ;
for the second year shall be a maximum of $ ; and
for the third year shall be a maximum of $
Insurance invoices to "CLIENT" shall include a breakdown of policy
premium by classification for budget allocation purposes, and a
statement of fees payable. Premiums shall be remitted as invoiced.
B. Definition
"Total Compensation" for the purpose of this agreement shall be
deemed to be the sum of:
All compensation received by "AGENT" from any Insurance Underwriter
for Insurance required by "CLIENT" including both direct and
contingent commissions; and all compensation or reimbursement
received by "AGENT" from "CLIENT." With respect to any Insurance
written for a period of more than one year, only a yearly prorated
3
15H
credit shall be included in the calculation of "AGENT'S"
compensation during each annual period said Insurance is in effect.
If permitted by Insurance companies, only net premium charges shall
be made in every Insurance placement irrespective of the level of
compensation incurred.
C. Excess
If payments received by "AGENT" exceed the total compensation,
"CLIENT" shall request "AGENT" to perform additional Risk
Management services, other than the placement of Insurance, equaZ
in value to such excess. If, however, "CLIENT" does not request
such additional services, then "AGENT" shall remit such excess to
"CLIENT," and this total compensation provision is hereby
incorporated in any Insurance placed by "AGENT" on behalf of
"CLIENT."
D. Invoice
For the service specified "AGENT" shall be entitled to total
compensation as specified above and as billed. The invoice
provided by "AGENT" shall contain an itemized statement of services
provided, time expended, and persons providing said service.
V. Performance
"CLIENT" agrees to make available to "AGENT" all necessary
financial and operating data essential to the performance of
services described in Article III. "CLIENT" shall provide access
to its premises and properties and such written authorization as
shall be required by rating bureaus, Insurance companies or similar
organizations.
"CLIENT" agrees to appoint "AGENT" Agent of Record or Broker of
Record for all Insurance Companies marketing products through the
Agency System.
4
151
VI. Aqreement
This agreement shall be binding upon the successors and assigns of
the parties hereto.
Executed in Minnesota this day of , 1994.
WITNESS:
WITNESS:
5
15J
by
THE CITY OF FRIDLEY
by
William J. Nee, Mayor
by
William W. Burns, City Manager
SERVICES TO BE PROVIDED BY AGENCY
will provide the following services for the compensation specified
in Section IV, A. of the Agent's Insurance Service Agreement
l. Prepare insurance coverage specifications 120 days prior to
the renewal date.
2. Review policies when issued for compliance with specifications
within thirty (30) days of policy issue.
3. Negotiate and place all property-casualty insurance lines
required with uniform anniversary dates.
4. Provide information in writing on relevant changes in the
insurance market with recommendations for upgrading the
existing insurance program, if applicable.
5. Assist in developing comprehensive insurance coverages.
6. Provide an insurance policy inventory and a cumulative five-
year premium and loss summary within thirty (30) days of
renewal date.
7. Provide premium allocation distributed by insured departments
or locations within thirty (30) days of renewal.
8. Provide a complete accounting of all compensation earned
(direct and contingent) on this account by December 31 of each
year.
9. Provide a loss exposure list with appropriate classifications,
updated annually within thirty (30) days of renewal date.
10. Assist in claims control and loss adjustment.
11. Assist in minimizing premiums by reviewing and auditing rate
schedules and formulas, and review claims reserves semi-
annually before unit loss reports are filed.
12. Review insurer audits and premium calculations within thirty
(30) days of receipt of notice.
13. Assist in loss prevention engineer_�ng and loss control
programs.
14. Provide a schedule of property values for insurance purposes
12o days prior to the renewal date.
15. Provide property appraisals when needed.
6
15K
16. File updated property values annually with the insurer or the
Insurance Services Office to waive application of coinsurance.
17. Attend insured's prevention and loss control meetings when
necessary.
18. Provide written confinaation and follow-up on all
communications with the insured and insurers.
19. Submit premium invoices as necessary to provide timely and
complete insurance coverage.
20. Adjust coverages and premiums with ten (10) days of report of
changes by the insured.
21. Provide estimates of future premiums for budget proposals in
March with a review in August.
22. Obtain Motor Vehicle Driving Records within seven (7) days of
request.
23. Review lease agreements and contracts within fifteen (15) days
of being received or notified of.
24. Provide coverage and procedure seminars for "CLIENT'S" staff
within thirty (30) days of renewal date.
25. By August 1, 1994, complete workers' compensation self
insurance feasibility study.
7
15L
�
_
C�� �F
FR[DLEY
MEMORANDUM
Municipal Center
6431 University Avenue Northeast
Fridley, Minnesota 55432
(612) 572-3507
FAX: (612) 571-1287
William C. Hunt
Assistant to the City Manager
Memo to: William W. Burns, City Manaqer �
��
From: William C. Hunt, Assistant to the City Manaqer��
,
Subject:
Date:
increase in Compensation for 1995
December 15, 1994
In order to prepare the final figures for the Personal Services portion
of the 1995 budget it will be necessary for the City Council to approve
a resolution adjusting salaries, benefits, and other forms of compensa-
tion for 1995.
I recommend the following for employees who are not a member of a
bargaining unit:
1. A general increase of 3.0 percent in salaries.
2. An increase of $30.00 (from $315.00 to $345.00) in the maximum monthly
contribution toward insurance premiums (Flexible Benefit Plan, option
A) for employees choosing dependent coverage.
3. An increase of $5.00 (from $205.00 to $210.00) in the �uaximum monthly
contribution toward insurance premiums (Flexible Benefit Plan, Option
A) for employees choosing single coverage.
4. An increase of 3.0 percent in automobile allowances, where applicable.
5. An increase of $10.00 (from $155.00 to $165.00) in the monthly
contribution to each employee who chooses Option B of the Flexible
Benefit Plan.
6. A one cent increase in the mileage reimbursement rate from $0.28 per
mile to $0.29 per mile (the current federal Internal Revenue Service
rate) for employees who use their own vehicles for City business.
7. A cap of $2,250.00 per employee per year on the Educational Benefit
with an extension of coverage from tuition only to include required
books, educational materials, and course related fees such as
laboratory fees.
These recommendations have been incorporated into the attached
resolution. I request that you present this resolution to the Fridley
City Council.for action at their meeting of December 19, 2994.
�
REBOLIITION NO. - 1994
A RESOLIITION AIITHORIZING AN INCREASE IN COMPEN3ATION
FOR FRIDLEY CITY EMPLOYEES FOR TSE 1995
CALENDAR YEAR
WHEREAS, it is the intention of the Fridley City Council to provide
fair and equitable compensation to Fridley City Employees within
budgetary constraints; and
WHEREAS, the City of Fridley intends to comply with the Minnesota
Local Government Pay Equity Act; and
WHEREAS, the City Council and City Staff have reviewed economic
indicators and compensation adjustments by comparable employers;
and
WHEREAS, an adjustment of employee salaries and benefits is
warranted;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Fridley that the following adjustments be authorized for employees
of the City of Fridley, with the exception of empl.oyees who are
members of a bargaining unit, effective January 1, 1995:
1. A general increase of 3.0 percent in employee salaries.
2. For employees eligible for the health benefit who choose
dependent coverage, a maximum contribution of $345.00 per
month toward premium costs of health insurance. Up to
$15.00 of the above amount of $345.00 can be used for
premium costs of dental insurance. (Flexible Benefit
Plan, Optian A)
3. For employees eligible for the health benefit who choose
single coverage, a maximum contribution of $210.00 per
month toward premium costs of health insurance. Up to
$15.00 of the above amount of $210.00 can be used for
premium costs of dental insurance. (Flexible Benefit
Plan, Option A)
4. An increase of 3.0 percent in automobile allowances,
where applicable.
5. A contribution of $165.00 per month to each employee who
chooses Option B of the Flexible Benefit Plan for City
of Fridley Employees.
6. Mileage reimbursement at the rate of $0.29 per mile.
16A
7. A cap of $2,250.00 per employee per year on the
Educational Benefit with an extension of coveraqe from
tuition only to include required books, educational
materials and course related fees.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY �F , 1994.
WILLIAM J. NEE - MAYOR
WILLIAM A. CHAMPA - CITY CLERK
16B
�----
���ks
s�,�t�s
�Ma�nten,incc
TO: William W. Burns, City Manager � PW94-406
�
FROM: John G. Flora, �ublic Works Director
DATE: December 7, 1994
SUBJECT: East River Road Improvement Project
The County is preparing plans for a 1995 improvement of East River Road from Kimball Avenue
north to Highway 610. This project only minimally affects Fridley as it is primarily within Coon
Rapids. One block in Fridley, Lafayette to Kimball (three properties), will be improved with
concre#e curb and gutter and median. The remaining section of Fridley, between Kimball and
Rickard Road, is to be improved in 1996. Accordingly, I suggest we defer any assessment for
concrete curb on this particular project and incorporate that into the overall East River Road
improvements currently scheduled for 1996. I also suggest that the City request off-system MSAS
funding for our portion of the improvement to cover the immediate cost. We can schedute a
public hearing for January 23, 1995 on the proposed concrete curb and gutter assessment for a
figure not-to-exceed $10 per front foot. When we receive the Joint Powers Agreement, we can
then process that document routinely.
Attached is a resolution approving the plans for the East River Road improvement which is
necessary for the County to continue processing the plans for Federal approval and preparation
of the Joint Powers Agreement.
Recommend the Council set a public hearing for the concrete curb and gutter assessment for this
segment for January 23, 1995.
JGF:cz
Attachments
17
�
.„ .
�.�, �
RE80I�T1'I�I I�U. - 1994
It'L�r80I�17:Q�T AF'P1iOVII�IQ PI�lt�B A�ID It�Qtk'STII� A1�UI�l QO�i1R
TO Pli�C�D IiIZH �T EASP RIVF�[t RLaAD �'!�I
JA1�VII�iB 8�P 't0 � GITY LII�IITB QO[A�TJ.'Y (S.P. 02-
601-35) CITY (S.A.P. 127-020-15) CTl'Y S1�E'� II�VF1�+�NT1'
PRO►TEG'1' I�A. ST. 1995-4
�i8, plans for Project No. S.P. 02-601-35 (M.S.A.P. 127-020-15) shawir�q
praposed aligrnnent, profiles, grades at�d cross-se��tions for the construction,
reoo�st�ructi.cai or i��ov�rent of oan7ty State Aid Hic,�way No. 1(Fast River Road)
within the 1 imits of the City of FYidley as a State A.id proj ect have been
Prel�ared arid presented to the City, arid
�8, the itq�rov�netYt plans hav+e been oatple�t�ed to further er�harx�.e the safety
of motorists arid residents alang east River Road.
NOW, T�Ol�, BE IT RE'.90LVED �T, the City Ca�ulcil of the City of Fridley,
Anoka Ca�nty, Minnesota, that the �bove mentioned plans be appraved and that
Anoka Caunty be requested to proceed with the i�ravements on East River Road
frcan Janesville Street to North City Limits.
Ciy1� I� •�• ' 31� y:l' M •� 11 M� •1' Y:1" M •' • �� Y.� ' • Y. �• •1'
�,�MS� I'1:�1'
A�!'FS'r:
WII�IAM A. Q�A - CITY CIERK
17A
WILLIAM J. NEE - I�YOR
CITY OF FRIDLEY
NOTICE OF HEARING ON IMPROVEMENTS
MAIN STREET IMPROVEMENT PROJECT NO. ST. 1995 - 4
WHEREAS, the City Council of the City of Fridley, Anoka County, Minnesota, has deemed it expedient to
receive evidence pertaining to the improvements hereinafte� described.
NOW, THEREFORE, NOTICE IS HEREBY GNEN THAT on the 23rd Day of January, 1995, at 7:30 pm, the
City Council will meet at the Fridley Municipal Center Council Chambers, 6431 University Avenue NE,
Fridley, MN, and 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 construction (in the lands and street noted below) of the
following, tawit:
CONSTRUCTION ITEM
SVeet improvements, inGuding grading, stabilized base, hot-mix bituminous mat, concrete curb and gutter,
storm sewer system, water and sanitary sewer, bikeway/walkway, landscaping, and other facilities located
as follows:
East River Road Kimball Avenue North Est. ;2,422,392
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 proportionately according to the benefits received by such improvement.
PUBLISHED: FRIDLEY FOCUS
January 10, 1995
January 17, 1995
17B
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_
C�11 OF
FRtDLEY
FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FR[DLEY, MN 55432 •(612) 571-3450 • FAX (612) 571-1287
December 7, 1994 PW94-245
Mr. Doug Fisher, PE
Anoka County Highway Department
1440 Bunker Lake Blvd NW
Andover, MN 55304
Subject: Reconstruction of CSAH No. 1 from Mississippi Stxeet to TH 610
Dear Mr. Fisher:
I have reviewed the plans SP 02-601-35, MSAP 114-020-06, MSAP 127-020• 15 involving the reconstruction
of CSAH No. 1(East River Road) from Mississippi Street to TH 610 in the cities o£ Coon Rapids and Fridley.
Based upon the preliminary review of the drawings, I request the following changes be made to the plans:
1. Ensure that the street intersections of Janesville, I<imball and Lafayette are sloped to East R.iver
Road and valley gutters are provided to maintain runoff to the East River Road drainage
system.
2. Omit the concrete sidewalk in Fridley.
3. Plan for a bike path on the east side of East River Road.
4. Construct a weir in front of the outlet to the new County pond.
S. Place rip-rap at the outlets of the 21 and 12 in. pipes associated �vith the ne�v pond.
I understand t�1at the Emergency Velucle Pre-emption system (EVP) to be placed on the signals at 8�th and
East River Road is to be funded by Coon Rapids. I also understand that the improvements south of Kimball
Avenue will be temporary. The concrete curb and gutter and �videning �vithin that section of Fridlev �vill be
incorporated in the ne�rt project.
Based upon the above comments, I believe that the only cost associated with the project is for the concrete
curb and gutter amounting to approximately $1,457.63.
Request the above changes be incorporated into the plans and specifications.
Sincerely yours,
� •
;�
/ L � � � .L 'L�
� ' %' L -
� John G. Flora
Dircctor of Public Works 17E
TO: WILLIAM W. BURNS, CTfY MANAGER ��
FROM: RICHARD D. PRIBYI., FINANCE DIRECTOR
SUBJECT: RESOLUTION PROVIDING FOR A SEWER RATE INCREASE
DATE: December 15, 1994
As part of the 1995 Budget Conference Session, Staff was able to review with Council the
issues that have caused the need for a sewer increase effective with the January 1995 utility
billing.
You might recall, that the Metropolitan Council, Wastewater Services Division, has been
increasing our sewer disposal charges drastically since 1992. We have seen annual increases
in total charges that amount to $1,326,773.50. These increases were mainly due to the
installation of a new meter that measures the amount of sewage flowing out of our City.
Because the old meter was reading incorrectly, we were being undercharged for a number
of years. Since the installation of this meter we have seen the annual costs increase by the
amount stated above, but have only generated increased revenues totaling less than
$500,000; thus, causing large annual losses. If this trend is allowed to continue it will drain
all cash from this fund within a few years.
The increase in rates from $1.67/thousand gallons to $1.83 is only expected to generate an
additional $284,000 to $300,000 and will not cover the anticipated loss. At the direction of
Council, we will provide a resQlution some time in 1995 or early 1996 to transfer needed
capital to this fund to allow it to break even. It is anticipated that this operation will require
annual increases of this nature until 1997 when we our billing will finally have caught up to
the proper readings from Metro Council.
With this increase of appro�mately 9.5% or .16i1,0()0 gallons, the City of Fridley is still one
of the lowest charging communities participating in the Wastewater Services Division of the
Metro Council.
Using the average number of gallons disposed o� as calculated by the Metropolitan Council,
it is anticipated that this increase will only increase the average single family home by $9.60.
RDP/me
Attachment
RESOLUTION NO. - 1994
A RESOLUTION PROVIDING FOR SEWER RATE INCREASES
WHEREAS, Section 402.13 of the City code provides that the City Council shall have the
authority to set sewer rates, and
WHEREAS, the Metropolitan Waste Control Commission (MWCC) disposal charges to the
City's sewer fund are increasing annually and comprise the largest percentage of the fund's
expenditures, and
WHEREAS, based primarily on the increase in the MWCC disposal costs for 1994, the sewer
fund will incur a net loss.
NOW, THEREFORE, BE TT RESOLVED, that the following sewer rate schednle sha�l be
effective immediately:
ProQerty Class
"Single Family"
Dwelling (incl.
Townhomes)
Commercial/Indus�
Non-Profit Entity
inctuding Schools
Churches, etc.)
Multiple Dwellings
(including Trailer
Courts)
Qualifying Disabled
and Senior
Citizens
Consumption
Basis
Winter Quarter
Water Usage
Current Quarter
Water Usage
Current Quarter
Water Usage
Winter Quarter
Water Usage
Winter Quarter
Water Usage
Minimum Minimum
Char�e Consumption
$21.96 12,000
Gallons
$45.75
a45.75
$45.75
Maximum
of
$14.64
25,000
Gallons
25,000
Gallons
25,000
Gallons
No Minimum-
Ma�cimum of
8,000
All consumption in excess of the minimums stated above will be charged at a rate of $1.83 per
thousand gallons.
PASSED AND ADOP'TED BY THE CITY COUNCIL OF Z'I� CITY OF FRIDLEY THIS
DAY OF DECEMBER, 1994.
ATTEST:
WILLIAM A. CHAMPA - CITY CLERK
:�
WILLIAM J. NEE - MAYOR
TO: WILLIAM W. BURNS, CITY MANAGER fi�
FROM: RICHARD D. PRIBYI., FINANCE DIRECTOR
SUBJECT: RESOLUTION PROVIDING FOR A WATER RATE INCREASE
DATE: December 15, 1994
As part of the 1995 Budget Conference Session, Staff was able to review with Council the
issues causing the need for a water increase effective with the January 1995 utility billing.
You might recall, the last water rate increase occurred on the October 1990 utility bill. At
that time, we had Springsted review our water rate structure and propose a new structure
that significantly reduced the number of tiers and associated rates. It was the direction from
Council, at that time, that the rates would be held constant through 1994.
We have seen significant climatic changes from the period in which the consultant analyzed
water consumption. Over the past years we have seen our consumption drop because of the
heavier rainfall and the reduction in the watering of lawns. We have also seen a change in
the mindset of the consumers. With the concern about water quality and water as a
renewable resource, our consumers have found ways to conserve on water consumption.
With these changes in the habits of the consumers our revenues have reflected these
reductions. This change, along with the increases in elcpenses that occur both in energy
costs and labor, have caused this fund to show a loss for the first time at the fiscal year end
for 1993, thus causing us to recommend an increase in water rates. Our recommendation
is to increase the 0- 5,000,000 gallons consumed from a price of $.60/1,000 to .66/1,000 and
the over 5,000,000 gallon range to $.70/1,000 gallons. You should be aware that the second
range changes our rate structure to stressing conservation and reflects a higher charge for
the high volume consumers. With this increase, we are creating a 9.5% increase on the first
tier, and a 27% increase on the second tier. We still anticipate that we will report a Ioss in
operations for 1995. Following the direction of Council, we would be covering that loss
either in late 1995 or 1996 with a transfer to the Water Fund.
If Council approves this resolution, the increased water rate will still put the average
homeowner on the lowest end of the cost comparison.
This increase would also be effective for the first billing occurring in January of 1995.
RDP/me
19
RESOLUTION NO. - 1994
RESOLUTION PROVIDING FOR WATER RATE CHANGE
WHEREAS, Section 402.13 of the City code provides that the City Council shall have the
authority to set water rates by resolution, and
Whereas, the rates have not been increased since October 1, 1990, and
Whereas, the annual costs associated with the operation of the water system have increased since
1990, and
Whereas, the rate increase is required to generate additional revenue to offset the change in
expenses, and
WHEREAS, the rate change is to be effective with the first billing in January of 1995.
NOW THEREFORE, BE IT RESOLVED, that the following water rate schedule for all
customers except those qualifying for the low income senior citizen and disabled citizen rate shall
be as follows:
WATER RATE SCHEDULE
� ��� ���
• ��� ���
$.66/1,400 Gal/Minimum $7.92
$.70/1,000 Gal
BE IT FURTHER RFSOLVED, that the City Council hereby provided a reduced rate schedule
for qualifying low income senior citizens and disabled citizens as follows:
SEIVIOR CITTZEN RATE SCHEDULE
� i.�.�xi:��
$.44/1,000 Gal/Minimum $5.28
The following criteria must be set to qualify for the low income senior citizen rate:
1. The senior citizens must occupy single family or double bungalow units. Th�e
senior citizen rate dces not apply to apartments, commercial, industrial,
institutional, or other.
2. The customer or person having responsibility for payment of the water charge
must be sixty two years of age or older and must provide a copy of a valid
Minnesota Driver's License or receipt thereof, or a Minnesota Identification Card
or a receipt thereof with current address for proof of age.
3. The person must certify that the total household income is less than the low
income level defined by the Department of Housing and Urban Development.
One method of verification may include reviewing a copy of the past year's
Federal T� Form.
The following criteria must be met in order to qualify for the low income disabled citizen rate:
19A
RFSOLU'TION NO. - 1994
RESOLUTTON PROVIDING FOR WATER RATE CHANGE
PAGE 2
1. Disabled citizens must pravide a copy of an award letter from the Social Security
Administration indicting that the individual is one hundred percent (100%)
disabled.
2. The person must certify that the total household income is less than the low
income level defined by the Department of Housing and Urban Developmen�
One method of verification may include reviewing a copy of the past year's
Federal 1040 Tax Form.
PASSED AND ADOP'TED BY THE CTTY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF DECEMBER, 1994.
ATTEST:
WILLIAM A. CHAMPA - CTTY CLERK
.-
WILLIAM J. NEE - MAYOR
20
�
�
FOR CONCURRENCE BY THE CITY COUNCIL
GAS SERVI�ES
Ace Mechanical Services
5217 190 Ln
Wyoming MN 55092
Air Conditioning Associates Inc
689 Pierce Buder Route
St Paul MN 55104 �
St Cloud Refrigeration Inc
604 Lincoln Ave NE
St Cloud MN 56304
Jim Harvey
John Matthews
Ice Lyon
CENEIZAi CONTR.ACTOR-GOM ERCIAL
Slepica Kenaeth Construction Inc
13404 Ibis St NW
Andover MN 55304 Ken Slepica
[iFNERA� CONTRACTOR-COMMERCI�
Garlock-French Roofmg(1423)
2309 Snelling Ave
Minneapolis MN 55404 James Burford
Imperial Homes Inc (20014230)
4196 Lexington Ave N
Shoreview MN 55126 Richard Riemersma
HEATING
Ace Mechanical Services
5217 190 Lndt Ave S
Wyoming MN 55092
Air Conditioning Associates Inc
689 Pierce Butler Route
St Paul MN 55104
Plymoutti Plumbing Inc
6909 Wi�netka Ave N
Braoklyn Park MN 55428
Jim Harvey
John Matthews
Cordell Johnston
23
LICENSEB
JOHN PALACIO
Chief Bldg Ofcl
Same
Same
JOHN PALACIO
Chief Bldg Ofcl
STATE OF MINN
Same
JOHN PALACIO
Chief Bldg Ofcl
Same
Same
St Cloud Refrigeration Inc
6()4 Lincoln Ave NE
St Cloud MN 56304
Vail & Sons
3235 LaBore Rd
St Paul MN 55110
PLUMBING
Haas Plumbing & Heating
4843 160 Ln NW
Andover MN 55304
JLB Plumbing Inc
2407 Washington St NE
Minneapolis MN 55418
Plymouth Plumbing Inc
6909 Winnetka Ave N
Brooklyn Park MN 55428
Roy's Plumbing
17420 Iguana St NW
Ramsey MN 55303-5587
Joe Lyon
Wayne Vail
Carl Haas
James Bj+orlin
Cordell Johnston
Elroy Haselius
z3a
Same
Same
STATE OF MINN
Same
Same
Same
�
�►
,� oF ESTIMATES
FRIDLEY DECEMBER 19, 1994
Richmar Construction, Inc.
7776 Alden Way
Fridley, MN 55432
63rd Avenue Booster Station
TCAAP
FINAL ESTIMAT� . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 335.00
Barna, Guzy & Steffen, Ltd.
400 Northtown Financial Plaza
200 Coon Rapids Boulevard
Minneapolis, MN 55433
Statement for Services Rendered as City
Attorney for the Month of November, 1994 . . . . . . . . . . . . . . $ 2,712.80
Newquist & Ekstrum, Chartered
301 Fridley Plaza Office Building
6401 University Avenue N.E.
Fridley, MN 55432
Statement for Services Rendered as City
Prosecuting Attorney for the Month of
October, 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,500.00
F.F. Jedlicki Inc.
14203 West 63nd Street
Eden Prairie, MN 55346
52nd Avenue Fioodway/Clover Pold
Diversion Project No. 222
Estimate No. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 38,104.42
24
Eng�neering
Sewer
Watcr
TO: Wiliiam W. Burns, City Manager ��� PW94-397
� �
FROM: John G. Flora, Public Works Direetor
�,� Jon Thompson, Estimator & Construction Inspe�tor
DATE: December 19, 1994
SUBJECT: 63rd Avenue Booster Station (TCAAP), Project No. 250
We have received pay request number 8(final) for the 63rd Avenue Booster Station construction.
This estimate includes the payment for 5% retainage for both the chemical feed system and
irrigation system which were City funded.
It is recommended that Council approve payment of $335 to Richmar Construction for the City
share of Pay Estimate No. 8(final).
JT/JGF:cz
Attachment
24A
�
.A, .
�.��� s
CITY OF FRIDLEY
PUBLtC WORKS DEPARTMENT
ENGINEERING DIVISION
6431 University Avenue N.E.
Fridiey, Minnesota 55432
December 19, 1994
Honorable Mayor and City Council
City of Fridley
Go Wiliiam W. Burns, City Manager
6431 University Avenue N.E.
Fridley, MN 55432
Council Members:
CERTIFICATE OF THE ENGINEER
We hereby submit the Final Estimate for 63rd Avenue Booster Station (TCAAP) Project
No. 250, for Richmar Construction, Inc., 7776 Afden Way, Fridley, MN 55432.
We have viewed the work under contract for the construction of 63rd Avenue Booster
Station (TCAAP)� Proje�t No. 250 and find that the same is substantially complete in
accordance with the contract documents. I recommend that final payment be made upon
acceptance of the work by your Honorable Body and that the one year contractual
maintenance bond commence on December 16, 1994.
Respectfully submitted,
John G. Flora
Director of Public Works
JT:cz
Prepared by
Checked by
��:
December 19, 1994
City of Fridley
63RD AVENUE BOOSTER STATION (TCAAP) PROJECT NO. 250
CERTIFlCATE OF CONTRACTOR
This is to certify that items of the work shown in the statement of work certified herein have
been actually fumished and done for the above-mentioned proje�ts in accordance with the
plans and specifications heretofore approved. The final coniract cost is $348,645 and the
final payment of $335 for the improvement project would cover in full, the contractor's
claims against the City for all labor, materials and other work down by the contractor under
this project.
I declare under the penalties of perjury that this statement is just and correct.
RtCHMAR CONSTRUCTtON, INC.
' " ''�� C�.....; t' . � 1
t ,-%
.
( �,'� c.:.�..;. � ���- y Y . i',
�� �
24C
December 19, 1994
To: Public Works Director
City of Fridley
REPORT ON FINAL INSPECTION FOR
CITY OF FRIDLEY
63RD AVENUE BOOSTER STATION (TCAAP) PROJECT NO. 250
We, the undersigned, have inspected the above-mentioned project and find that the work
required by the contract is substantially complete in conformity with the plans and
specifications of the project.
AII deficiencies have been correeted by the contractor. Also, the work for which the
City feels the contractor should receive a reduced price has been agreed upon by the
contractor.
So, therefore, we recommend to you that the City approve the attached FINAL ESTtMATE
for the contractor and the one-year maintenance bond, starting from the day of the final
inspection that being December 16, 1994. �-� _�
�..- l��'1
Jon Thoma�ca struction I
� � \ J _ �.
Contractor Representativ , (Title)
24D
December 19, 1994
City of Fridley
63RD AVENUE BOOSTER STATION (TCAAP) PROJECT NO. 250
PREVAILING WAGE VERIFICATION
This is to certify that Richmar Construction, Inc. has abided by the Prevailing Wage
Provisions as specified by the Minnesota Department of Labor and Industry for Anoka
County.
I declare under the penalties of perjury that this statemen# is just and correct.
RICHMAR CONSTRUCTION, INC.
� � \ i �, / '�� v � �
Rtebafd-NetrPres em `
i-� F� s;� �r� �t. � z� �.�' .
24E
FINAL PAYMENT ESTiMATE
NO. 8 (FINAL)
FROM: JUNE 23, 1994 y� �� t,� k, d�'� � t?' ^
TO: NOVEMBER 30. 1994 (,� CC�` T�' �3 ��� Q'ZO
CONTRACTOR: RICHMAR CONSTRUCTION, INC.
ADDRESS: 7778 ALDEN WAY, FRIDLEY, MN 55432
OWNER: CITY OF FRIOLEY, MINNESOTA
PROJECT: 63RD AVENUE FLOW CONTROL AND BOOSTER STATION (PROJ. # 250)
(685-004-30)
COMPLETION DATE AMOUNT OF CONTRACT:
ORIGINAL: MARCH 1, 1994 ORIGINAL S
REVISED: REVISED b
REM
: NO. DESCRIPTION
1 MOBILIZATION, BONDS � INS.
2 SITE CLEARING, EXCAVATE 8 SOIL CORR.
3 SITE PIPING
4 DRIVEWAY 8 CONCRETE APRON
5 FINISH GRADING 8 SOD
6 IAWN SPRINKIER SYSTEM
7 CONCRETE 8 MASONRY
S PRECAST CONCRETE
9 ROOFING & SHEET METAL
10 DOORS, HDWR. 8 WINDOW
17 MISC. METALS
12 CAUIKING & PAINTING
�3 FLOOR COATINGS
14 LETTERS 8 SIGNS
15 HOUSE PLMB. & DRAINS
16 HTG.. VENT., & DEHUMIOIFICATION
17 CHEM. FEED E(]UIP.
18 PUMPS
t9 FLOW METERS
20 PROCESS PIPING
21 ELEC. ROUGH-IN
22 ELEC. FIXTURES & EQUIPMENT
23 MCC & CONTROLS
24 ELEC. WIRING & FINISH
25 DEMO. EXISTING 800STER STA
26 CHANGE ORDER NO. 1
27 CHANGE ORDER NO. 2
28
EXTRA WORK OUTDOOR LOCKABIE
lRRIGATION CONTROL CABINET AND
VACUUM BREAKER RELATED TO
DEMOLISHING 7HE EXISTING BOOSTER
STA710N
TOTAL COST
TO7AL AMOUNT THIS PERIOD
TOTAL AMOUNT TO DATE
,>CONTRACT
ur�rr `arr.. ..
LS
lS
LS
LS
LS
l5
lS
LS
LS
LS
LS
LS
LS
LS
LS
LS
lS
LS
lS
LS
LS
LS
LS
LS
LS
lS
lS
1
1
1
1
1
t
1
1
1
1
1
1
1
1
1
1
1
1
1
t
1
1
1
1
1
1
t
5
uHrr ; Qr
aatr_F
9,400.00
14,800.00
18,S00.00
4,400.00
2,100.00
3,200.00
56,300.00
6,500.00
8,100.00
4,900.00
3,400.00
7.600.00
6,300.00
1,800.00
8,200.00
26,500.00
3,500.00
24,600.00
10,900.00
51.200.00
7,800.00
9,400.00
41,000.00
9,800.00
6,200.00
960.00
740.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
1.00
0.00
0.00
0,00
0.00
0.00
0,00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
6,200.00
0.00
0.00
LS 1 545.00 1.00 545.OG
6.745.00
6,745.00
24F
QTY
346,400.00
348,645.00
1.00
1.00
1.00
1.00
1.00
1.00
1.00
1.00
1.00
1.00
1.00
1.00
1.00
1.00
1.00
1.00
1.00
1.00
1_00
1.00
1.00
1.00
1.00
1.00
1.00
1.00
1.00
9,400.00
14,800.00
18,500.00
4,400.00
2,t00.00
3,T00.00
56,300.00
6.500.00
8,100.00
4,900.Od
3,400.00
7.600.00
6.300.00
1,800.00
8.200.00
26,500.00
3,500.00
24,600.00
10.900.00
51.200.00
7.800.00
8,400.00
41,000.00
9,800.00
6.200.00
960.00
740.00
1.00 545.00
348.845.00
348,645.00
DESCRIPTION TOTAL THIS PERIOD TOTAL TO OATE
TOTAL COST 56,745.00 5348,645.0p
24G
8-685Q04.WK4
685-00430
I hereby certify that all items and amounts shown by this pay estimate are
correct for the work completed to date.
CONTRACTOR: RICHMAR CONSTRUCTION, INC.
BY: � �
TITLE: �1 ,� _
DATE: � 2 � ,Z _ �t �}
Based on the ENGINEER'S on-site inspections as an experienced and qualified
design professionat and on review of application for payment and the accompanying
data and schedules, the ENGINEER has determined, to the best of his
knowledge and belief, that the quantities shown by this estimate are correct
and that, based on such inspections and review, that the work has progressed
to the point indicated (subje�t to an eva{uation of such work as a
functioning Project upon Substantial Completion, to the results of any subsequent tests
required by the Contract Documents, and to any qualifications stated in his
recommendation), and that payment of the amount recommended is due Contractor(s); but by
recommending any payment, the ENGINEER will not thereby be deemed to have reviewed
the means, methods, sequences, techniques, or proceedures of construction or safety
precautions or programs incident thereto or that the ENGINEER has made any
examination to ascertain how or for what purpose any Contractor has used the monies
paid on account of the Contract Price, or that title to any of the work, materials,
or equipment has passed to the Owner free and clear of any lein, claims, security
interests or encumbrar�ces, oc that the Contractor(s) have compteted their work
exactty in accordance with the Contract Documents.
ENG/NEER: MSA, CONSULTING ENGINEERS
Approved by Owner/Commission
C/TY OF FRIDLEY, M/NNESOTA
� � �
�- , � �
TITLE: �.• � � � � c-�
DATE: � o v , 2� , \��.�
BY:
TITLE• �Y' �''�� `�
4
DATE: / �� ���� �
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