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01/09/1995 - 4891I . � - . � FRIDLEY CITY COIINCIL MEETING Cl7YOF F�a� ATTENDENCE SHEET _ " M"anday, January 9, 1995 7:30 P.M. PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN PRINT NAME (CLEARLY) ADDRESS ✓> � � � ;; .. � � < <.:�H T�y �c �� 6�� . i� �� I�. �� 0 0 z ,N ��i y' ,��I�'c��` �t ��. �l � � �'� ��r .� v �. �` ,_ , ;1.�'' � t � vwt-z�.:/�,z��. ` v- � t_ . `� 3 �. Z` 5 7L L''`�L^F 5 `i.5�-� - ..�z. �'� �� 7` /`;.0 `7Ji�r:} f5`� <:. i� �� 7'1 � ,`� � .� � /c � "� � `�i � � ;�-- � ._. ^�,� �-. ��" � -, _ _ , �(; , �._, ��-- ��`�� .�c - , - _� � � __ �3 '�`� ,��' , �� rC�. 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Upon requesi, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, progams, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Ronerta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE: APPROVAL OF MINUTES: City Council Meeting of December 19, 1994 ADM�NISTRATION OF OATH OF OFFICE TO ELECTED OFFIClALS: Steven E. Billings, Councilmember, Ward 1 Dennis L. Schneider, Councilmember, Ward 2 Ann R. Bolkcom, Councilmember, Ward 3 CITY COUNCIL MEETING OF JANUARY 9, 1995 Paae 2 SPECIAL ITEM: Resolution Establishing Rules for Consideration of Items on a Consent Agenda at Meetings of the Fridley City Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.01 - 1.04 APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS: Second Reading of an Ordinance Amending Chapters 506 and 128 of the Fridley City Code Regarding the Parking of Large Commercial Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.01 - 2.07 NEW BUSINESS: Receive the Minutes of the Planning Commission Meeting of December 14, 1994 ...................................... 3.01-3.18 , APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): Establish a Public Hearing for January 23, 1995, to Consider First Reading of a Zoning Text Amendment (ZTA #94-02) to Recodify the Fridiey City Code, Chapter 205, Entitled "Zoning" by Amending Section 205.17.01.C., to Allow Automobile Storage as an Accessory Use to Adjacent Automobile Sales Facilities, Generally Located to the East of the Friendiy Chevrolet Property, 7501 Highway 65 N.E. (Ward 2) . . . . . . . . . . . . . . . . . 4.01 - 4.04 Authorize Solicitation of Request for Proposal for Recycling Services . . . . . . . . . . . . . . . . . 5.01 - 5.22 Resolution Establishing a Public . Hearing for February 13, 1995, to Modifiy the Redevelopment Plan and Create Tax Increment Financing District No. 13 . . . . . . . . . . . . . . . 6.01 - 6.05 Establish a Public Hearing for January 23, 1995, to Receive Comments On the 1995 Community Development Block Grant Program . . . . . . . . . . . . . . . . . . . . . . . . . 7.01 - 7.02 ARY 9. 1995 Paae 4 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): Appoint Rotary Representative to Citizen Advisory Committee for Ciean-Up Week, 1995 . . . . . . . . . . . . . . . . . . . . . . . . 8.01 - 8.02 Approve Change Order No. 1 and the Finai Estimate for the Supervisory Control and Data Acquisition System (SCADA) Project Na. 259 . . . . . . . . . . . . . . . . . . . . . . 9.01 - 9.03 Resolution in Support of an Application . for a Minnesota Lawr�ul Gambling Premise Permit to Tatino-Grace High . School (Maple Lanes Restaurant) . . . . . . . . . . . . . . . . 10.01 - 10.02 Resolution in Support of an Application for a Minnesota Lawful Gambling � Premise Permit to Totino-Grace High School (Sharx Club) . . . . . . . . . . . . . . . . . . . . . . . . . . 11.01 - 11.02 APPROVAL OFPROPOSED CONSENT AGENDA: NEW BUSiNESS (CONTINUED): Resolution Designating Official Depositories for the City of Fridley . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12.01 - 12.03 Resolution Designating an Official Newspaper for the Year 1995 . . . . . . . . . . . . . . . . . . . 13.01 - 13.0� Resolution Imposing Load Limits on Public Streets and Highways in the City of Fridley, Minnesota . . . . . . . . . . . . . . . . . 14.01 - 14.04 Resolution Designating Director and Alternate Director to Suburban Rate Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15.01 Appointment: City Employee . . . . . . . . . . . . . . . . . . . 16.01 NCIL MEETING OF JANUARY 9. 1995 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED); Claims.....................................17.01 Licenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.01 - 18.02 Estimates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19.01 - 19.08 ADOPTION OF AGENDA: OPEN FORUM, VISiTORS: (Consideration of Items not on Agenda - 15 Minutes) PUBLIC HEARINGS: Consider First Reading of an Ordinance Under Section 12.06 of the Fridley City Charter Declaring Certain Real Estate to be Surplus and Authorizing the Sale Thereof (South 35 Feet of 5720 Polk Street N.E.) (Ward 2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.01 - 20.13 TY COUNCIL MEETING OF JANUARY 9. '1995 PUBLIC HEARINGS tCONTINUED�: Consider a Change in Tax Status for ACCAP Properties in Hyde Park (Ward 3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21.01 - 21.12 OLD BUSINESS: Resolution Providing for Water Rate Change (Tabled December 19, 1994) . . . . . . . . . . . . . . . 22.01 - 22.05 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) (Ward 3) (Tabled December 19, 1994) . . . . . . . . . . . . . . NEW BUSINESS: Special Use Permit Request, SP #94-18, by Lawrence Feldsien ot Sinclair Marketing Co., to Allow a Repair Garage in a C-3, General Shopping Center District, Generally Located at 6290 Highway 65 N.E.(Ward 2) ................................. 23.01 - 23.25 24.01 - 24.13 fl . � - '. i � � CffY OF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF JANUARY 9, 1995 - ,� . �;"� , ; ._--'''-__._ . �'�- � l`c-�C'�`-- The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodaiion will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaire� persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Rober[a Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGlANCE: APPROVAL OF MINUTES: City Council Meeting of December 19, 1994 �. `° ?i ,��c..�.,-�.r�(` �..�,, � `/; �- ADMiNISTRATION OF OATH OF OFFICE TO ELECTED OFFICIALS: -�.�..�� Steven E. Billings, Councilmember, Ward 1 � ;.l . ��;� � (`. 'L'� Dennis L. Schneider, Councilmember, Ward 2� Ann R. Bolkcom, Councilmember, Ward 3 � ��`� U�-�. ��. � 4 _ �: ... .- . DLEY CITY COUNCfL MEETING OF JANUARY 9. 1995 Paae 2 SPECIAL ITEM: Resolution Establishing Rules for Consideration of Items on a Consent Agenda at Meetings of the Fridley City Councii . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.01 - 1.04 � � � --- /�,��' �/�!_ y � a �i APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS: Second Reading of an Ordinance Amending Chapters 506 and 128 of the Fridley City Code Regarding the Parking of Large Commercial Vehicfes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.01 - 2.07 ��>'��y�( ��--�-�,.,. c�.,..-e,..�.� ��c��-� � � _ - �� ,�' .,�� ,`.`�.� �--. NEW BUSINESS: Receive the Minutes of the Planning Commission Meeting of December 14, 1994 ...................................... 3.01-3.18 . APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): Establish a Public Hearing for .lanuary 23, 1995, to Consider First Reading of a Zoning Text Amendment (ZTA #94-02) to Recodify the Fridley City Code, Chapter 205, Entitled "Zoning" by Amending Section 205.17.01.C., to Allow Automobile Storage as an Accessory Use to Adjacent Automobile Sales Facilities, Generally Located to the East of the Friendly Chevrolet Property, 7501 Highway 65 N.E. (Ward 2) . . . . . . . . . . . . . . . . . 4.01 - 4.04 Authorize Solicitation of Request for Proposal for Recycling Services . . . . . . . . . . . . . . . . . 5.01 - 5.22 Resolution Establishing a Public Hearing for February 13, 1995, to Modify the Redevelopment P1an and Create Tax lncrement Financing District No. 13 . . . . . . . . . . . . . . . 6.01 - 6.05 Establish a Public Hearing for January 23, 1995, to Receive Comments On the 1995 Community Development Block Grant Program . . . . . . . . . . . . . . . . . . . . . . . . . 7.01 - 7.02 . � F JANUARY 9. 1995 Paqe 4 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS �CONTINUEDi: Appoint Rotary Representative to Citizen Advisory Committee for Clean-Up Week, 1995 . . . . . . . . . . . . . . . . . . . . . . . . 8.01 - 8.02 Approve Change Order No. 1 and the Final Estimate for the Supervisory Control and Data Acquisition System (SCADA) Project No. 259 . . . . . . . . . . . . . . . . . . . . . . 9.01 - 9.03 'i .�.-�C' � .�„-L � �-z--c..- � ` �F'`"`,�,�,� -' ��-�,2..,1- o G� � ,.,�� x.� �,��'``�, `�y ��.-�,-.: � , Resolution in Support of an Application . fior a Minnesota Lawful Gambling Premise Permit to Totino-Grace High School (Maple Lanes Restaurant) . . . . . . . . . . . . . . . . 10.01 - 10.02 Resolution in Support of an Application for a Minnesota Lawful Gambling Premise Permit to Totino-Grace High School (Sharx Club) . . . . . . . . . . . . . . . . . . . . . . . . . . 11.01 - 11.02 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): Resolution Designating Official Depositories for the City of Fridley . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12.01 - 12.03 Resolution Designating an Official Newspaper for the Year 1995 . . . . . . . . . . . . . . . . . . . 13.01 - 13.02 Resolution Imposing Load Limits on Public Streets and Highways in the City of Fridley, Minnesota . . . . . . . . . . . . . . . . . . 14.01 - 14.04 Resolution Designating Director and Alternate Director to Suburban Rate Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15.01 Appointment: City Employee . . . . . . . . . . . . . . . . . . . 16.01 I� UARY 9. 1995 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): Claims.....................................17.01 � . . Licenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.01 - 18.02 Estimates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19.01 - 19.08 ADOPTION OF AGENDA: �;,L,� �.��-N--�-� � � -�-�:,..�- . _ � 2�-��U�-.- - � �� .�� OPEN FORUM, VISITORS: (Consideration of Items not on Agenda - 15 Minutes) � �� PUBLIC HEARINGS: Consider First Reading of an Ordinance Under Section 12.06 of the Fridley City Charter Declaring Certain Real Estate to be Surplus and Authorizing the Sale Thereof (South 35 Feet of 5720 Polk �� " � `� � �� Street N.E.) (Ward 2) . . . . . . . . . . . . . . .L-: . -. �: �. � : 20.01 - 20.13 s ; FRIDLEY CITY COUNCIL MEETING OF JANUARY 9, 1995 PUBLIC HEARINGS (CONTINUED): 0 Consider a Change in Tax Status for ACCAP Properties in Hyde Park (Ward 3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21.01 - 21.12 C�' � �' l �' �j,, 3 7 � � OLD BUSINESS: � Resolution Providing for Water Rate Change (Tabled December 19, 1994) . . . . . . . . . . . . . . . 22.01 - 22.05 , , , ��----�`�� - ,� �,��.�: ,�.� 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) (Ward 3) (Tabled December 19, 1994) . . . . . . . . . . . . . . . . . . . . . . . . . . . . ��.�� ..�-m�- � ��'"� ��%�-�� ' �' � � °'1"°4'" �1,. LU� - � � - NEW BUSINESS: 23.01 - 23.25 ��..-�., . � � �--`r��,� �� i�..�� . Special Use Permit Request, SP #94-18, by Lawrence Feldsien of Sinclair Marketing Co., to Allow a Repair Garage in a C-3, General Shopping Center District, Generally Located at 6290 Highway 65 . N . E. (Ward 2) . . . . . . �:��.�'4-�-.,�-v :�.r.. C: `r ,�% ��--�� . 24.01 - 24.13 r� , ' c � i 6 MEETI NEW BUSINESS (CONTINUED): F JANUARY 9. 1995 First Reading of an Ordinance Establishing Chapter 403 Entitled "Sanitary Sewer Connections" to the Fridley City Code . . . . . . . . . . . . . . . 25.01 - 25.06 �� . 1995 City Council Appointments to Various Agencies; and List ot Commission Members Whose Terms Expire April 1, 1995, and June 9,1995 ................................... ��-._�- . 26.01 - 26.03 �, � �� - �,r,�, '�' . / - S�� - � � ✓� �� Informal Status Reports . . . . . . . . . . . . . . . . . . . . . . . . 27.01 <ti;�- .�� . ,��. a �.Y--�-�=/ � - � �- �'�-h- = � � � �. ADJOURN: �� , � �� /y,� J e8 THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF DECEMBER 19 1994 The Regular Meeting of the Fridley City Council was called to order at 7:38 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL• MEMBERS PRESENT: Mayor Nee, Councilwoman Jorgenson, Councilman Billings, and Councilman Schnsider MEMBERS ABSENT: Councilwoman Bolkcom CERTIFICATE OF APPRECIATION: SHERIFF KENNETH G. WILKINSON: Mayor Nee presented Sheriff Kenneth Wilkinson with a Certificate of Appreciation in recognition of his accomplishments as Anoka County Sheriff.. He stated that Sheriff Wilkinson has expanded many County programs in the areas of drug enforcement, sexual assault, arson investigation, death investigations, D.A.R.E., and DUI enforcement. He stated that under his supervision, the crime lab has expanded, polygraph services provided, and a SWAT team unit developed, to name a few of the programs. Mayor Nee said that Ken is an outstanding public servant, a very fine law enforcement officer, and his contributions have made Fridley a better place in which to live. Mr. Wilkinson said that he is proud of the accomplishments made during his last eight years as Anoka County Sheriff. He stated that he has received support from the.City's former Public Safety Director, Jim Hill and the current Public Safety Director, Dave Sallman. He thanked Council and everyone for their support and for the certificate of appreciation. Councilman Schneider stated that he hoped the professionalism of the Anoka County Sheriff's Department continues. He stated that he appreciated the great work Sheriff Wilkinson has done. Councilman Billings stated that Sheriff Wilkinson will be deeply missed, and that it has been wonderful these last eight years working with su.ch a professional law enforcement department. He stated that he hopes this continues beyond Sheriff Wilkinson's tenure. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 19, 1994 PAGE 2 APPROVAL OF MINUTES: COUNCIL MEETING, DECEMBER 5, 1994: MoTION by Councilman Schneider to approve the minutes as presented. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. SPECIAL COUNCIL MEETING, DECEMBER 7, 1994: MOTION by Councilwoman Jorgenson to approve the minutes as presented. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: Mayor Nee said staff has requested that Item 8 be deleted from the agenda. MOTION by Councilman Schneider to adopt the agenda with the dele- �ion of Item 8. Seconded by Councilman Billings.� Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: There was no response business. NEW BUSINESS: from the audience under this item of 1. RESOLUTION NO. 100-1994 ADOPTING A BUDGET FOR THE FISCAL YEAR 1995• Mayor Nee stated that the budget has had many months of work and a public hearing has been held. Mr. Pribyl, Finance Director, stated that this resolution adopts the 1995 budget. He said that the total budget is $11,879,784, which includes the General Fund and all other funds. He stated that this budget maintains the same tax levy as the prior year, and it is also the fifth consecutive year that the City has maintained the same levy. MOTION by Councilman Schneider to adQpt Resolution No. 100-1994. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 19, 1994 PAGE 3 2. RESOLUTION NO. 101-1994 DECLARING THE NECESSITY TO LEVY A TAX WHICH APPEARS TO BE IN EXCESS OF 16 MILLS AND CERTIFYING TAX LEVY REOUIREMENTS FOR 1995 TO THE COUNTY OF ANOKA FOR COLLECTION: Mr. Pribyl, Finance Director, said that this resolution approves the tax levy required for funding the 1995 budget. He stated that the total for all funds is $3,667,686. MOTION by Councilman Schneider to adopt Resolution No. 101-1994. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OLD BUSINESS• 3. ORDINANCE NO. 1039 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 second reading and adopt Ordinance No. 1039 on the second reading and order publication. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 4. ORDINANCE NO. 1040 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 GILSTADj (WARD 2 ) : MOTION by Councilman Schneider to waive the reading and adopt Ordinance No. 1040 on the second reading and order publication. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 5. ORDINANCE NO. 1041 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): MOTION by Councilman Schneider to waive the reading and adopt Ordinance No. 1041 on the second reading and order publication. Seconded by Councilwoman Jorgenson. Upon a voice vote, al1 voting aye, Mayor Nee declared the motion carried unanimously. 6. RE-ESTABLISH PUBLIC HEARING FOR JANUARY 9 1995 REGARDING HYDE PARK TAX STATUS PROPERTY OWNED BY THE ANOKA COUNTY COMMUNITY ACTION PROGRAM: Ms. Dacy, Community Development Director, stated that this public hearing is regarding the leasehold cooperative tax status on ACCAP properties in Hyde Park. She stated this would mean that the FRIDLEY CITY COUNCIL MEETING OF DECEMBER 19, 1994 PAGE 4 apartments owned She stated that a and the residents public hearing. January 9, 1995. by ACCAP would be taxed at the homestead rate. neighborhood meeting was conducted on this issue, were also notified that Council would conduct a She recommended that this hearing be held on MOTION by Councilwoman Jorgenson to set the public hearing regar- ding Hyde Park property owned by ACCAP for January 9, 1995. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7. ORDINANCE NO. 1042 RECODIFYING THE FRIDLEY CITY CODE CHAPTER 603, ENTITLED "INTOXICATING LIQUOR" BY AMENDING SECTION 603.10• Mr. Burns, City Manager, stated that the purpose of this amendment is to prohibit licensed liquor establishments from conducting teen nights or allowing children to participate in activities in those establishments. He stated that the language proposed in Section 20 would prohibit events exclusive to children. He said that State law proh�bits cities from restricting such events for persons age eighteen to twenty years of age, but under Section 21, persons under age eighteen would be allowed to enter a licensed estab- lishment for the purpose of eating meals or working. He said that the City has the authority to restrict anyone under age eighteen from entering a licensed establishment for any reason. MOTION by Ordinance Seconded b aye, Mayor Council�aoman Jorgenson to waive the reading and adopt No. 1042 on the second reading and order publication. y Councilman Schneider. Upon a voice vote, all voting Nee declared the motion carried unanimously. NEW BUSINE5S (CONTINUED): 8. RESOLUTION AUTHORIZING SIGNING AN AGREEMENT FOR CERTAIN EMPLOYEE5 REPRESENTED BY INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO. 49, AFL-CIO (PUBLIC WORKS MAINTENANCE� FOR 1995• This item was delet�d when the agenda was adopted. 9. FIRST READING OF AN ORDINANCE AMENDING CHAPTERS 506 AND 128 OF THE FRIDLEY CITY CODE, REGARDING PARKING OF LARGE COMMERCIAL VEHICLES ON RESIDENTIAL PROPERTY: Ms. Dacy, Community Development Director, stated that since the public hearing on this ordinance amendment, staff has addressed Council's concerns and prepared a revised ordinance amendment. She stated that one large commercial vehicle weighing over 12,000 pounds would be permitted on a residential property. She stated that the permit requirement, the maximum number of days parked on the property, and the fee has been eliminated. She stated that the FRIDLEY CITY COUNCIL MEETING OF DECEMBER 19, 1994 PAGE 5 operator of the vehicle must reside on the property, and the vehicle must be parked on a hard surface driveway ten feet from the front property line. Ms. Dacy stated that noise cannot exceed standards provided for in Chapter 124 of the City Code. She stated that the City Attorney's office has suggested a specific reference to these standards which is Section 124.03.02 L50. Ms. Dacy stated that the ordinance provides that a vehicle's engine must not idle for more than thirty minutes in any one hour. She stated that a change is proposed that in no case shall the engine idle for more than two thirty-minute periods in a twenty-four hour period. She stated �hat recreational vehicles are exempt from this ordinance, as well as boats and boat trailers. Language has been added defining passenger automobiles, pick-up trucks, and vans. Ms. Dacy stated that vehicles not in complianee with the require- ments of this ordinance must be removed from the property by March 1,1995. She suggested that this date be changed to perhaps June 1, 1995 in order to allow a property owner additional time for installation of a hard surface driveway. Councilwoman Jorgenson felt that a June 1, 1995 date may not be enough time to comply and perhaps the date should be July l, 1995. Mr. Herrick, City Attorney, stated that the language can be reviewed prior to the second reading of the ordinance so that any corrections can be made. Mr. Schweikert, 6000 7th Street, asked if a hard surface driveway meant asphalt or concrete. Councilman Billings stated that a hard surface driveway would be either asphalt or concrete. MOTION by Councilman Schneider to waive the reading and approve the ordinance on first reading. Seconded by Councilwoman Jorgenson. Councilman Billings asked if it was the intent to minimize the number or length of time an engine could idle. Ms. Dacy stated that the intent of the ordinance was to minimize the number of times a vehicle could be started. Councilman Billings felt that if that was the intent, he would suggest an engine must not idle more than two times a day and no more than thirty minutes a time. Mr. Herrick stated that the intent was that an engine must not idle for more than thirty minutes in a 24 hour period. Mr. Chies, 1530 Rice Creek Road, stated that if his engine could not idle more than two times a day it would preclude him coming home for lunch with his vehicle. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 19, 1994 PAGE 6 Councilwoman Jorgenson stated that the ordinance refers to an engine idling, and she did not believe it was his intention to come home and leave his vehicle running. Councilman Billings felt that "idling" probably should be clarified. Ms. Dacy stated that she would confer with the City Attorney and the common definition of the word "idle" may suffice. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to direct staff to revise the language in this proposed ordinance to incorporate the amendments presented this evening. These amendments are as follows: 5ection 506.13.1C to reference Section 124.03.02 L50 and change wording that a vehicle's engine must not idle for more than two thirty minute periods in twenty-four hours; Section 506.13.5 to change language to allow a single vehicle to remain on the property to July l, 1995, rather than March 1, 1995, if the hard surface driveway is the issue; and to define the word "idle." Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. FIRST READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTAf BY MAKING A CHANGE IN ZONING DISTRICTS (REZONING REQUEST, ZOA #94-04 BY DAVE MCINTYRE OF CERES ENVIRONMENTAL) (WARD 3): Mayor Nee stated that the Ward Councilmember, Ann Bolkcom, is not here this evening and, while she does not object to Council taking action on this request, she is against this rezoning. Mr. Hickok, Planning Coordinator, stated that this is a request to rezone property from M-2 to M-3 for Ceres Environmental. He stated that the property is located east of 5101 Industrial Boulevard, north of FMC, and adjacent to the Burlington Northern rail line. He stated that the petitioner is proposing to construct a small building of approximately 12,000 square feet with a large screened area for storage and for servicing of vehicles at this site. Mr. Hickok stated that the Planning Commission recommended approval of this rezoning with seven stipulations, which he outlined. He said that staff recommended eight stipulations. Mayor Nee asked if there were any objections from the neighboring property owners. Mr. Hickok stated that there was one inquiry about this rezoning from the owners of Minikahda Ministorage, but they did not indicate if they were for or against this rezoning request. FRIDLEY CITY COIINCIL MEETING OF DECEMBER 19. Z994 PAGE 7 MOTION by Councilwoman Jorgenson to deny Rezoning Request, ZOA #94-04. Seconded by Councilman Schneider. Councilwoman Jorgenson stated that she did not object to the use of the property as proposed by the petitioner, Ceres Environmental. She stated that, however, once the rezoning is approved, it would allow a more intense use of the property possibly at some future date. She stated that this is her main objection to the rezoning. She stated that she would welcome Ceres Environmental into the community but not at this particular location. Mayor Nee asked if there was any other M-3 property available in the City. Ms. Dacy, Community Development Director, stated that there is a vacant parcel north of Park Construct.ion, which is probably about five or six acres zn size. Councilman Schneider stated that he is concerned that this, in effect, would be a spot rezoning. He stated that while the use proposed by Ceres Environmental is relatively benign, this may not always be the case. He stated that he would encourage staff to work with the petitioner to determine if there is other property available in the City for their business. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, Councilwoman Jorgenson and Councilman Schneider voted in favor of the motion. Mayor Nee and Councilman Billings voted against the motion. Mayor Nee declared the motion failed. MOTION by Councilman Billings to waive the reading and approve the ordinance on first reading with the eight stipulations as outlined by staff. Seconded by Councilman Schneider. MOTION by Councilman Billings to table this item to the January 9, 1995 meeting when all Councilmembers are present. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mayor Nee stated that the rezoning requires four affirmative votes and regardless of when the vote is taken, it appears that the rezoning will fail. Mr. Herrick, City Attorney, stated that another possibility would be to review the petitioner's plans and determine if they could be accomplished under the present zoning. Mr. Steve Johnson, representing Ceres Environmental, stated that staff said M-3 zoning wouZd be more appropriate. He stated that they were to close on this property on January 9, 1995, and this date will not be extended without forfeiting their deposit. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 19, 1994 PAGE 8 Mr. Herrick suggested that Mr. Johnson check with their attorney regarding his opinion relative to cancellation of the purchase agreement. He stated that perhaps the closing date could be extended for an additional day, 11. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF NOVEMBER 30, 1994: A. SPECIAL USE PERMIT REQUEST, SP #94-17, BY MICHAEL AND JULIE HELLER, TO ALLOW CONSTRUCTION OF A KITCHEN EXPANSION AND REPAIR OF AN EXISTTNG DWELLING IN THE FLOOD FRINGE DISTRICT GENERALLY LOCATED AT 8245 RIVERVIEW TERRACE N.E. (WARD 3): Mr. Hickok, Planning Coordinator, stated that this is a request for a special use permit to allow construction of a kitchen expansion and the repair of an existing dwelling in the flood fringe district. He stated that the Planning Commission recommended approval of this request with three stipulations, which he outlined. He stated that a variance was also necessary to reduce the side corner setback from 17.5 feet to 15.1 feet, and this was approved by the Appeals Commission.. MOTION by Councilwoman Jorgenson to grant Special Use Permit, SP #94-17, 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; and (3) the petitioner shall grant a 15 foot flood control, street and utility easement along the west property line. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. B. RESOLUTION NO. 102-1994 APPROVING A SUBDIVISION LOT SPLIT L.S. #94-07, TO REDEFINE LOTS 1 AND 2, BLOCK 10 GREAT N�RTHERN INDUSTRTAL CENTER BY MOVING THE JOINT PROPERTY LINE 39 FEET EAST OF ITS CURRENT LOCATION (BY PLUNKETT'S PEST CONTROL) (WARD 3): Mr. Hickok, Planning Coordinator, stated that this lot split request is not to retain the twa lot configuration, but allow the lots to exceed the two-acre minimum. He stated that the City Code allows a 1-1/2 acre site, but the covenants for the Great Northern Industrial Center require a two-acre site. He stated that this lot split would move the lot line to the east 39 feet to allow the two lots to exceed the minimum for the covenants. Mr. Hickok stated that the Planning Commission recommended approval of this lot split with five stipulations, which he outlined. MOTION by Councilwoman Jorgenson to adopt Resolution No. 102-1994, with the following stipulations attached as Exhibit A: (1) All FRIDLEY CITY COUNCIL MEETING OF DECEMBER 19, 1994 PAGE 9 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 issu- ance 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; and (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 issu- ance for each of Lots 1 and 2, Block 10, Great Northern Industrial Center. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to receive the minutes of the Planning Commission meeting of November 30, 1994. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12. APPOINT CITIZEN ADVISORY COMMITTEE FOR CLEAN-UP WEEK 1995: Ms. Dacy, Community Development Director, stated that eight out of nine positions have been filled for next year's Clean-Up Week. She stated that the Environmental Quality and Energy Commission has appointed Jack Velin as an alternate, and the Rotary Club will nominate a person the first part of January. MOTION by Councilwoman Jorgenson to concur with the following nominees for the Citizen Advisory Committee for Clean-Up Week, 1995: Environmental Quality and Energy Commission, Dean Saba and Jack Velin (Alternate); Parks and Recreation Commissi.on, Susan Price; Kiwanis Club, Mary Bowen and Clem Coverston (Alternate); Lions Club, Scott Lund; Rotary Club, (appointment to be made in January}; Neighborhood Crime Watch Program, Melvin Bolin and Marvin Platt (Alternate); Chamber oP Commerce, Woody Nelson; and the School District, Duane Knealing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13. APPROVE $2 000 CONTRIBUTION TO WOODCREST ELEMENTARY SCHOOL FOR PLAYGROUND EQUTPMENT: Mr. Burns, City Manager, stated that School District No. 16 is requesting that the City provide $2,000 to assist in rebuilding the playground equipment that was destroyed in an arson fire. He said that the Parks and Recreation Commission concurs and recommends that Council act favorably on this request. He stated that there are funds available in the Parks Improvement Fund. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 19, 1994 PAGE 10 Mr. Burns stated that the City has contributed $4,000 to School District No. l3 and No. 14 and $2,000 to School District No. 16, so this $2, 000 would make all contributions to the school districts equal. MOTION by Councilman Schneider to concur with the City Manager's recommendation and donate $2,000 from the Parks Capital Improvement Fund to Woodcrest Elementary School for replacement of playground equipment. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 14 . APPROVE $3 , 000 DONATION TO INDEPENDENT SCHOOL DISTRICT i�TO. 13 : Mr. Burns, City Manager, stated that this is a request to provide $3,000 from the Cable Television Fund to School District No. 13 for the purchase of video equipment. He stated that in 1993 Council determined that they would dedicate some of these funds to the school districts. MOTION by Councilman Schneider to concur with this request and donate $3,000 from the Cable Television Fund to School District No. 13. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15. RESOLUTION NO. 103-1994 APPROVING AN AGENT'S INSURANCE SERVICE AGREEMENT WITH CORPORATE 4 INSURANCE, INC.: Mr. Hunt, Assistant to the City Manager, stated that every three years the City has requested proposals on the insurance service agreement. He stated that this year twenty requests for proposals were mailed out, and nine were received. He stated that four were excellent proposals and specific services were reviewed. Mr. Hunt stated that he wished to express his thanks to John Sullivan, Risk Management Coordinator for Anoka County, and Paul Hansen of the City's staff who assisted in the reviewal process. He stated that Mr. Sullivan felt the City was in a good position to consider self insurance. Of the four agencies being considered, all were willing to conduct a self insurance feasibility study. He stated that Mike Hadtrath, Vice President of Corporate 4 Insurance, Inc., has done such a study for the City of Bloomington a few years ago and was interested in doing the same for Fridley at no extra charge. He stated Corporate 4 is the City's current agent, and they have complied with all contractual obligations. He stated that it is recommended that Corporate 4 Insurance, Inc. continue as the City's Insurance Agent of Record for the next three years. MOTION by Councilman Schneider to adopt Resolution No. 103-1994. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COIINCIL MEETING OF DECEMBER 19, 1994 PAGE 11 16. RESOLUTTON NO. 104-1994 AUTHORIZING AN INCREASE IN COMPENSATION FOR FRIDLEY CITY EMPLOYEES FOR THE 1995 CALENDAR YEAR• Mr. Hunt, Assistant to the City Manager, stated that this resolu- tion authorizes an increase in compensation for City employees. He stated that there is a general increase of three percent in sa,laries; increases in the City's contribution toward the Flexible Benefit Plan; and increases in the automobile allowance and mileage reimbursement. He stated that there is a$2,250.00 cap per employee per year on the educational benefit. Councilman Schneider asked the average net increase in compensation . and benefits on a dollar basis. Mr. Hunt stated that this has not been calculated. Councilman Schneider felt that this is something that should be done this year so that the figures are available for next year. MOTION by Councilwoman Jorgenson to adopt Resolution No. 104-1994. : Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 17. RESOLUTION APPROVING PLANS AND REQUESTING ANOKA COUNTY TO PROCEED WITH IMPROVEMENTS ON EAST RIVER ROAD FROM JANESVILLE 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• AND ESTABLISHING A PUBLIC HEARING FOR JANUARY 23 1995 ON THE PROPOSED CONCRETE CURB AND GUTTER ASSESSMENT: Mr. Flora, Public Works Director stated that Anoka County is preparing plans for the 1995 improvement of East River Road from Kimball Street north to Highway 610. He stated that it is requested that Council approve the plans and schedule a public hearing to identify the cost for the concrete curb and gutter. He stated it is suggested that the City defer the final assessment and incorporate this assessment into the overall East River Road improvements currently scheduled for 1996. MOTION by Councilwoman Jorgenson to set the public hearing on the proposed concrete curb and gutter improvement for January 23, 1995. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Herrick, City Attorney, asked if there would be a problem if the resolution approving the plans was not considered until after the public hearing. Mr. Flora stated that it would delay the County's processing of the plans. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 19, 1994 PAGE 12 Mr. Burns, City Manager, stated that the City does not become committed to the project when it approves the plans but when the Joint Powers Agreement is approved. Mr. Herrick stated that he has no problem if there is not a commitment until the Joint Powers Agreement is approved. Mr. Flora stated that the public hearing is the City's method of informing the residents of the improvement project. Councilman Schneider asked why the plans had to be approved before the public hearing is held. Mr. Flora stated that the procedure is to approve the plans, have a public hearinq, and then consider the Joint Powers Agreement. Mr. Herrick stated that normally plans for a project are approved before the public hearing is held. He stated that at the time of the public hearing comments are received and Council then adver- tises for bids. He stated that he felt this procedure was satis- factory to approve the plans and conduct the public hearing, as long as there is no commitment on the City's part until a Joint Powers Agreement is approved. Mr. Flora stated that the County needs approval from the City in order to proceed with their process to the State and Federal governments. Councilwoman Jorgenson stated that she did not want to approve the plans when the costs are not known. Mr. Flora stated that these figures would not be available until Council receives the Joint Powers Agreement. Mr. Herrick stated that the language which states that the County be requested to proceed with the improvements could be eliminated. MOTION by Councilwoman Jorgenson to adopt Resolution Approving Plans and Requesting Anoka County to Proceed with Improvements on East River Road from�Janesville Street to North City Limits. Seconded by Councilman Billings. MOTION by Councilwoman Jorgenson to amend the above resolution by eliminating all language after the word "approved" in the third paragraph. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. There was discussion by Council if adoption of this resolution preempts the public's input. Mr. Burns stated that the plan could probably be approved at the time of the public hearing since only several weeks would be lost. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 19, 1994 PAGE 13 MOTION by Councilwoman Jorgenson to table consideration of this resolution until after the public hearing on January 23, 1995. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Mike Heller, 8245 Riverview Terrace, asked if there would any additional traffic signals installed with this improvement. Mr. Flora stated that the plans do not include the installation of additional traffic controls. 18. RESOLUTION NO. 105-1994 PROVIDING FOR SEWER RATE INCREASES: Mr. Pribyl, Finance Director, stated that the City.has experienced annual increases in the sewer disposal charges that amount to over $1,000,000. He stated that these increases were mainly due to the installation of a new meter that measures the amount of sewage flowing out of the City. He stated that the City has only been generating revenues totaling less than $500,000 causing large annual losses. He feels that if the trend continues, it will drain all cash from this fund in a few y�ars. Mr. Pribyl stated that the increase in rates from $1.67 to $1.83 per thousand gallons is only expected to generate about an addi- tional $300,000. Even with this increase, Fridley is still one of the lowest charging communities. He stated that this increase would amount to about $9.60 annually for the average single family homeowner. Councilwoman Jorgenson stated that it is known that the City has some infiltration problems within the sewer lines. She asked how it would affect the rates if the City adopts a sump pump ordinance that prohibits dumping into the sanitary sewer line and if the City wouZd be overcharging. Mr. Pribyl stated that even with the increase, it is estimated that in 1995 the City will be operating at a loss. He stated it is estimated that in 1997 Fridley will finally catch up with the new meter and, hopefully, experience a decrease in rates. Mr. Flora, Public Works Director, stated that the Metropolitan Waste Control Commission for the last five years has been averaging about a nine percent increase every year. He stated that the City has not kept up with those increases. Councilman Schneider felt that the residents should be notified of this increase prior to receiving their statements. Mr. Pribyl stated that there was an article in the newsletter that related to increased costs. He stated that information would be sent on the increase if the resolution is adopted. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 19, 1994 PAGE 14 Mr. Burns, City Manager, stated that the City is experiencing this cost from the MWCC and does not have control over these rates. MOTION by Councilman Schneider to adopt Resolution No. 105-1994. Seconded by Councilman Billings. MOTION by Councilman Schneider to amend the fourth paragraph of this resolution by eliminating the word "immediately" and substituting the words "the first billing in February, 1995." Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to direct staff to work with Mayor Nee to draft a public information letter relative to both the sewer and water rate increases. 5econded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 19. RESOLUTION PROVIDING FOR WATER RATE CHANGE: Mr. Pribyl, Finance Director, stated that it has been foitr years since the water rates have been increased. He stated that 1993 was the first year this fund has shown a loss, and it is anticipated that in 1994 the fund could lose up to $330,OOQ. He stated that over the past years rainfall and climate changes were more normal, and there has been reduced water consumption. Mr. Pribyl stated that the increase recommended is from $.60 per 1,000 gallons to $.66 per 1,000 gallons for zero to 5,000,000 gallons consumed and over a 5,000,000 gallon consumption, $.70 per 1,000 gallons. He stated that if these rates are implemented, Fridley still has one of the lowest water rates of surrounding communities. He stated that for a consumer using 30,000 gallons per quarter, the increased cost would be $19.80 per year. Councilwoman Jorgenson stated that the quality of water she receives has decreased since the TCAAP project has been completed, and there is three times the amount of iron and manganese. She stated that she has had to install a filter and use special addi- tives to reduce the manganese and iron. She stated that she under- stands the need to recapture the costs on water and sewer, but the water quality has to be at least what it was before the TCAAP proj ect . Mr. Flora, Public Works Director, stated that fifty percent of the water from TCAAP is being filtered; however, the plant that does not have the filter is on the far east end of New Brighton so there is some impact to the water the City receives. He stated that the water the City receives from New Brighton is inter-mixed with FRIDLEY CITY COUNCIL MEETING OF DECEMBER 19, 1994 PAGE 15 Fridley's water so at least 75 percent is filtered under normal operations. Mr. Burns, City Manager, asked the cost to install a filter for the TCAAP water. Mr. Flora stated that it would cost $300,000 to $500,000. He stated that Fridley has always had a problem with manganese and iron in the water. Councilman Schneider stated that when Council conducted the hearings for the TCAAP project, he honestly felt the City had assurances that the water quality would be as good or better than Fridley's water. He stated that the City has invested a huge amount of money in the water system over the years. He stated that he certainly hears from a lot of people that the water is not good. Mr. Flora stated that the New Brighton system is to be one hundred percent iron and manganese filtered by the end of 1995. Councilman Schneider felt that the manganese;in the water the City is receiving from TCAAP should be measured. Mr. Flora stated that the water could probably be tested in the next month. Mayor Nee asked the projected losses for 1994 and 1995. Mr. Pribyl stated that there would probably be about a$130,000 deficit in 1994 and $300,000 in 1995. He stated that there have been changes in water usage through conservation, and the overall impact has been less consumption. Mayor Nee felt that the magnitude of the loss has not been justi- fied, and it may not be as significant as there are a lot of unknowns. He felt that perhaps this rate increase should be delayed for a year. Mr. Pribyl stated that in the budget work sessions an analysis was provided for both the sewer and water funds. He stated that diffe- rent scenarios were provided taking into consideration rate increases or no rate increases as well as capital improvements. Councilwoman Jorgenson stated that, with a rate increase, people may conserve even more water which would reduce the revenue. Councilman Billings stated that what he is hearing is that the cost to the City to produce the water is more than the revenue that is generated. He stated that the quality is not acceptable to some of the Councilmembers, but if filters have to be installed this would result in a greater cost to the customer. He stated that by not impiementing this increase now the City will have to raise FRIDLEY CITY COUNCIL MEETING OF DECEMBER 19, 1994 PAGE 16 rates higher in the future or use funds from the General Fund to defray losses in this funde Councilman Schneider stated that some residents feel they are not getting quality water, and he has a problem if they have to pay more for an inferior product. Mr. Flora stated that he felt the majority of the residents are experiencing improved water quality. He stated that he is receiving less calls on rusty water. He felt that the City was providing a quality product, and the problems with iron and manganese are related to use. He stated that unless the water is continually flowing through the pipes there will be sedimentation from iron and manganese. He stated that there is a process to clean the pipes, but it is expensive. MOTION by Councilman Billings to move the Resolution Providing for Water Rate Change. Seconded by Councilman Schneider. MOTION by Councilman Schneider to amend the fifth paragraph by substituting the word "February" for "January". Seconded b� Councilman Billings. Upon a roll call vote, Councilman Schneider°, Councilman Billings, and Mayor Nee voted in favor of the motion. Councilwoman Jorgenson voted against the motion. Mayor Nee declared the motion carried by a 3 to 1 vote. Councilman Schneider stated that sincA Councilwoman Bolkcom is not here this evening he would recommend that this item be tabled to the January 9, 1995 meeting. MOTION by Councilman Schneider to table consideration of this resolution to the January 9, 1995 meeting. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 20. APPOINTMENT: CITY EMPLOYEES: MOTION by Councilman Schneider to concur with the following appointments by the City Manager: Name Position Nathan GIS Technician Reis Non-exempt Joseph Public Services Ferrato Worker Streets Non-exempt Starting Salarv $12.48 per hour 1994 rate $10.88 per hour Starting Date Replaces Jan. l, New 1995 Position Dec. 20, Kim 1994 Herrmann Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COIINCIL MEETING OF DECEMBER 19, 1994 PAGE 27 21. INFORMAL STATUS REPORTS: Mr. Burns, City Manager, stated that there were no informal status reports. 22. CLAIMS: MOTION by Councilman Schneider to authorize payment of Claim Nos. 59201 through 59446. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 23. LICENSES: MOTION by Councilwoman Jorgenson to approve the licenses as sub- mitted and as on file in the License Clerk's Office. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 24. ESTIMATES: MOTION by Councilman Schneider to approve the estimates as submitted: Richmar Construction, Inc. 7776 Alden Way, N.E. Fridley, MN 55432 63rd Avenue Booster Station � TCAAP FINAL ESTIMATE . . . . . . . . . . . . . . . $ 335.00 Barna, Guzy & Steffen, Ltd. 400 Northtown Financial Plaza 200 Coon Rapids Boulevard, N.W. 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 FRIDLEY CITY COUNCIL MEETING OF DECEMBER 19. 1994 PAGE 18 F.F. Jedlicki, Inc. 14203 West 63rd Street Eden Prairie, MN 55346 52nd Avenue Floodway/Clover Pond Diversion Project No. 222 Estimate No. 3 . . . . . . . . . . . . . . o $38, 104.42 Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT• MOTION by Councilman Schneider to adjourn the meeting. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of December 19, 199� adjourned at 10:44 p.m. Respectfully submitted, Carole Haddad William J. Nee Secretary to the City Council Mayor / _ CINOF FRIDLEY MEMORANDUM Munlcipal Center 6431 University Avenue N.e. Office of the City Manager Fridley, MN 55432 William W. Burns (612) 571-3450 TO: The Honorable Mayor and City Council FROM: William W. Burns, City Manager ��ts DATE: January 6, 1995 SUBJECT: Consent Agenda I am proposing that the City Council implement the practice of approving routine and non controversial action items at a Council meeting by means of a Consent Agenda proposed by the City Manager. I have asked the City Attorney, Virgil Henick, and Bill Hunt to draw up tk�e enclosed resolution establishing a Consent Agenda at Council meetings and establishing rules for its use. In the order of Council meetings "APPROVAL OF THE PROPOSED CONSENT AGENDA" would normally come immediately after "APPROVAL OF MINUTES" and immediately before "ADOPTION OF AGENDA.° All the normal documentation and background information would be placed in the agenda book as has been the practice in the past. I am proposing that the Consent Agenda include only action items (motions, resolutions, or ordinances) which requice a simple majority vote for passage. Proclamations, public hearings, or actions which require four or five affirmative votes for passage would not be placed on the Consent Agenda. Any Councilmember's request that an item be removed from the Consent Agenda would be honored by the Mayor. That item would go to the end of the regular agenda under old business or new business as the case may warrant. I am also proposing that items on the proposed Consent Agenda be listed on the electronic bulletin board on the City's public access cable television channel throughout the weekend prior to the Council meeting in order to keep the public as informed as possible. The January 9th meeting of the Council will not be a typical one for the Consent Agenda. At last count there were some tfiirteen items for the Consent Agenda and only seven or eight for the regular agenda. However, I hope that it will illustrate the usefulness of a Consent Agenda in focusing attention on items which require considerable discussion and deliberation. VWVB/:wch 1.01 RESOLUTION NO. - 1995 RESOLUTION ESTABLISHING ROLES FOR CONSIDERATION OF ITEMS ON A CONSENT AGENDA AT MEETINGS OF THE FRIDLEY CITY COIINCIL WHEREAS, it is in the public interest that sufficient time be provided at meetings of the City Council for items of business which require thorough deliberation; and WHEREAS, more time will be available for deliberation if routine items are handled expeditiously while providing the same level of background information for public scrutiny; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley that a Consent Agenda be established for the consideration and passage of routine matters which come before the City Council and which do not require discussion or debate. BE IT FURTHER RESOLVED that the following rules be established for consideration of items on the Consent Agenda: 1. The City Manager shall identify items for action (motions, resolutions, or ordinances) at a Council meeting which are of a routine or non controversial nature. These action items shall be presented to the Council with all necessary documentation and background information and placed on the Consent Agenda. 2. No action item which requires more than a majority vote for passage shall be placed on the consent agenda. 3. Each item proposed for the Consent Agenda shall be listed on the City's cable television public access channel no later than 5:00 PM on the Friday before the Council meeting. 4. Prior to adoption the City Manager shall summarize each action item on the Consent Agenda for the information of the public attending or viewing the Council meeting. 5. Prior to adoption any Councilmember may request that an item be removed from the Consent Agenda. The Mayor shall honor this request and the action item in question shall be placed at the end of old business or new business on the regular agenda as is appropriate. 6. Prior to adoption the Mayor shall inquire if any member of the public desires to speak to any item on the proposed Cansent Agenda. If so Councilmembers may take this into account in making their decision whether or not ta request removal of that item from the Consent Agenda. 1.02 7. After these formalities have been observed the Mayor shall entertain a motion to approve the Consent Agenda. Upon seconding and unanimous approval of all Councilmembers present, all the action items on the Consent Agenda shall be passed by a single vote. 8. If there is no second to the motion to approve the Consent Agenda or if the vote to approve the Consent Agenda is not unanimous, then the entire Consent Agenda shall be transferred to the regular agenda, and each item on the proposed Consent Agenda shall be considered separately. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1995. ATTEST: WILLIAM A. CHAMPA - CITY CLERK WILLIAM J. NEE - MAYOR 1.03 F R I D L E Y M E M O R A N D II M � TO: WILLIAM C. HUNT, ASSISTANT TO THE CITY MANAGER ,�n FROM: JAMES B. FROEHLE, PIIBLIC INFORMATION SPECIALIST`�--;� f.�'"� �� ✓� � DATE: JANUARY 6, 1995 RE: CONSENT AGENDA VERBIAGE FOR FMTV 31 To get a readable message explaining what a"Consent Agenda" is on the text generator for FMTV Channel 31, the biggest message we can fashion is about 30 characters and spaces wide on 6 separate lines. Consequently the message I would recommend would be: To better cope with the large amount of legislation that comes before the City Council a Consent Agenda has besn pr�posed. A complete agenda can be seen At Miss St Library For info 572-3500 Each of the following pages will likely contain one of the agenda items. For the upcoming meeting it would likely be 14 pages of Consent Agenda items. The top of each FOLLOWING page will be labeled: Consent Aqenda For Jan 9 The agenda item or possibly two will be printed in slightly smaller letters. Each item will likely stay on the screen for 9 to 10 seconds. 1.04 r � � � Community Development Department PLANIVING DIVISION City of Fridley DATE: January 5, 1995 TO: William Burns, City Manager�� FROM: Barbara Dacy, Community Development Director SUBJECT: Second and Final Reading Amending Chapter 506 of the Fridley City Code Regarding Large Commercial Vehicles At the December 19, 1994_meeting, the City Council approved for first reading an ordinance amendment to Chapter 506 subject to the following changes: 1. 2. 3. Adding a reference to the L50 standards in Chapter 124 of the Fridley City Code. Clarifying the requirement regarding the amount of times an engine can be idled and for how long. Clarifying the language regarding the date for installation of a hard surface driveway. The changes requested by the City Council have been addressed by the following language: 506.13.1.0 Noise from idling the engine shall not exceed the L50 standards. provided for in Chapter 124.03.02 of the Fridley City Code. The vehicles' engine must not be idled for more than thirty (30) minutes in any one (1) hour period. In no circumstances may the engine idle for more than two periods, lasting thirty (30) minutes each, in one twenty-four (24) hour period. For purposes of this section, idling shall mean running the vehicle engine for more than three (3) minutes. 506.13.05 Owners or operators of large commercial vehicles shall comply with the provisions of this chapter by March 1, 1995. All large commercial vehicles not in compliance with Section 506.13.01.A., C, and D, must be removed by March 1, 1995. Owners or operators 1 Large Commercial Vehicles January 5, 1995 Page 2 who need to install a hardsurface driveway as required in Section 506.13.O1.B shall install the driveway no later than July 1, 1995. Large commercial vehicles in violation of this chapter shall be considered a public nuisance and may be abated as provided in Chapter 128. RECOMMENDATION Staff recommends that the City Council ordinance for second and final reading. copy of the ordinance will be mailed to interested/affected by this issue. BD/dw M-95-5 2.�2 adopt the attached A letter and the final those people who were ORDINANCE NO. AN ORDINANCB RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 506, ENTITLED ��VEHICLE PARRING��, BY AMENDING SECTION 506.02� ��DEFINITIONS��, AND 506.13, "PARRING IN RE3IDENTIAL DISTRICTB��; AND CHAPTER 128� ENTITLED ��ABATEMENT OF EBTERIOR PIIBLIC NUISANCE3��, BY AMENDING SECTION 128.02, ��APPLICATION��, AND RENIIMBERING THE REMAINING SECTIONS CONSECIITIVELY The Council of the City of Fridley does hereby ordain as follows: 506. VEHICLE PARKING 506.02. DEFINITIONS l. Bus. "Bus" means every motor vehicle designed for carrying more than 15 passengers including the driver, and used for transporting persons. 2. Large Commercial Vehicle. A truck, truck-tractor, tractor, semi-trailer, van, or bus as defined herein having a licensed gross vehicle weight over 12,000 pounds. 3. Manufactured Home; Park Trailer; Travel Trailer. (a) "Manufactured home" has the meaning given it in Minnesota State Statute Section 327.31, subdivision 6. (b) "Park trailer" means a trailer that: 1) exceeds eight feet in width but is no larger than 400 square feet when the collapsible components are fully extended or at maximum. horizontal width, and 2) is used as temporary living quarters. "Park trailer" does not included a man.ufactured home. (c) "Travel trailer" means a trailer, mou.nted on wheels, that: 1) is designed to provide temporary� living quarters during recreation, camping or tz�avel; 2.03 Page 2 - Ordinance No. 2) does not require a special highway movement permit " based on its size or weight when.towed by a motor vehicle; and 3) complies with Minnesota State Statute Sections 169.80, subdivision 2, and 169.81, subdivision 2. 4. Passenger Automobile. "Passenger automobile" means any motor vehicle designed and used for the carrying of not more than 15 persons 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 carrying capacity of three-fourths ton or less and commonly known as a pickup truck. 6. Residential District. Means and includes those areas zoned single family dwelling areas, two family.areas, and general multiple family areas (Ref. 552 ) . 7. Semi-trailer. "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 upon and is carried by the truck-tractor and shall include a trailer drawn by a truck-tractor semitrailer combination. 8. Tractor. "Tractor" means any motor vehicle designed or used for drawing other vehicles but having no provision for carrying loads independently. 9. Trailer. "Trailer" means any vehicle designed for carrying property or passenger on its own structure and for being drawn by a motor vehicle but shall not include a trailer drawn by a truck-tractor semitrailer combination, or an auxiliary axle on a motor vehicle which carries a portion of the weight of the motor vehicle to which it is attached. 2.04 Page 3 - Ordinance No. 10. Truck. "Truck" means any motor vehicle designed and used for carrying things other than passengers, except pickup trucks and vans as defined herein. 11. Truck-tractor. "Truck-tractor" means: (a) a motor vehicle designed and used primarily for drawing other vehicles and not constructed to carry a load other than a part of the weight of the vehicle and load drawn; and (b) a motor vehicle designed and used primarily for drawing other vehicles used exclusively for transporting motor vehicles and capable of carrying motor vehicles on its own structure. 12. Van. "Van" means any vehicle of box like design with no barrier or separation between the operator's area, and the remainder of the cargo carrying area, and with a manufacturer's nominal rating capacity of three-fourths ton or less. 13. Vehicle. "Motor Vehicle" means any self-propelled vehicle not operated exclusively upon railroad tracks and any vehicle propelled or drawn by a self-propelled vehicle and includes vehicles known as trackless trolleys which are propelled by electric power obtained from overhead trolley wires but not operated upon rails, except snowmobiles, manufactured homes, park trailers, and ali-terrain vehicles. 506.13. PARKING IN RESIDENTIAL DISTRICTS 1. One large commercial vehicle having a licensed gross vehicle weight over 12,000 pounds may be parked on property in any residential district provided it meets the following requirements. In no circumstances may more than one large commercial vehicle be parked on residentially zoned property. A. The owner or operator of the vehicle must reside on the property. 2.05 Page 4 - Ordinance No. P� 3. 4. B. The vehicle shall be parked on a hardsurface driveway in compliance with the applicable zoning district requirements. C. Noise from idling the engine shall not exceed the L50 standards provided for in Chapter 124.03.02 of the Fridley City Code. The vehicles! engine must not be ' idled for more than thirty (30) minutes in any one (1) hour period. In no circumstances may the engine idle for more than two periods, lasting thirty (30) minutes each, in one twenty-four (24) hour period. For purposes of this section, idling shall mean running the vehicle engine for more than three (3) minutes. D. The permitted vehicle shall be parked at least ten (10) feet from the front property line. 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. 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. 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. Owners or operators of large commercial vehicles shall comply with the provisions of this chapter by March 1, 1995. Al1 large commercial vehicles not in compliance with Section 506.13.O1.A., C, and D, must be removed by March 1, 1995. Owners or operators who need to install a hardsurface driveway as required in Section 506.13.O1.B shall install the driveway no later than July 1, 1995. Large commercial vehicles in violation of this chapter shall be considered a public nuisance and may be abated as provided in Chapter 128. 6. No person shall park or leave standing a truck tractor, semi-trailer, bus, manufactured home, park trailer, travel trailer, or truck having a licensed gross weight over 12,000 pounds, whether attended or unattended, upon the public streets in any residential district unless in the process of loading or unloading and then only for such period of time necessary to load or unload (Ref. 552, 741). 2.os Page 5 - Ordinance No. 128. ABATEMENT OF EXTERIOR ?UBLIC NUISANCES 128.02. APPLICATION This Chapter shall apply to the abatement of public nuisances maintained exterior to the principal st=ucture involving junk vehicles (as defined in Chapter 123), _arge commercial vehicles having a gross licensed weight over 12,000 paunds, which are in violation of the provisions of Chapter �06, and outside storage of materials and equipment including, rut not limited to, dis- used machinery, household appliances ar.3 furnishings, tires, automotive parts, scrap metal, lumber, and all other materials deemed to create an exterior public nu_sances as described in 128.01. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1995. ATTEST: WILLIAM A. CHAMPA - CITY CLERK Public Hearing: First Reading: Second Reading Publication: October 17, 1994 December 19, 1994 2.07 �JILLIAM J. NEE - MAYOR CITY OF FRIDLEY PLANNING COMMISSION MEETING, DECEMBER 14, 1994 CALL TO ORDER: Chairperson Newman called the December 14, 1994, Planning Commission meeting to order at 7:32 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 Lawrence Feldsien, Sinclair, 6602 Poppy Street, Minneapolis, MN Bill Davis, Sinclair 6602 Poppy Street, Minneapolis, MN Kevin Reno, Sinclair, 13340 Poppy Street, Andover, NIN Don Sachs, 6399 Baker Circle, Fridley, MN Ron Stelter, Friendly Chevrolet Steve Michel, Michel Commercial Real Estate, 3925 Orleans Lane N., Minneapolis, NIN APPROVAL OF NOVEMBER 30 1994 PLANNING COMMISSION MINUTES: MOTION by Mr. Sielaff, seconded by Mr. Oquist, to approve the November 30, 1994, Planning Commission minutes as written. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED IINANIMOIISLY. 1. PUBLIC HEARING• CONSIDERATION OF A ZONING TEXT AMENDMENT, ZTA #94-02 BY ROGER MOODY OF FRIENDLY CHEVROLET: To consider a zoning text amendment to recodify the �'ridley City Code, Chapter 205, entitled "Zoning", by amending Section 205.17.O1.C., to allow automobile storage as an accessory use to adjacent automobile sales facilities on the northeast quarter lying east of the west 600 feet and south of the north 1,120 feet, Section 12, Township 10, Range 24, Anoka County, generally located to the east of the Fridley Chevrolet property, 7501 Highway 65 N.E. MOTION by Mr. Saba, seconded by Ms. Modig, to waive the reading of the public hearing notice and to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:34 P.M. 3.01 PLANNING COMMI3SION MEETING, DECEMBER 14, 1994 PAGE 2 Mr. Hickok stated the petitioner has requested a zoning text amendment that would allow the use of an M-1, Light Industrial, zoning district for screened outdoor vehicle storage. The parcel is adjacent to the existing parcel zoned C-3, General Commercial property. The property has been in existence as an automobile dealership since 1971. Mr. Hickok stated the existing parcel along Highway 65 is zoned C- 3, General Commercial. To the east is an M-1 parcel that is currently undeveloped. This request would allow the text of the zoning code to be amended and allow a special use provision for use of that M-1 site to be used to store inventory for the dealership and allow parking for employees' vehicles. Mr. Hickok stated the staff analysis involved looking first at whether or not an amendment to the M-1 district was most appropriate. Staff looked at rezoning the site to C-3. The consensus on the rezoning option was that this would cut up an existing M-1 district and is not consistent. The M-1 property is surrounded to the north and south by. M-1 property and is appropriate as an M-1 district. The special use permit provisions that exist in the M-1 district were also reviewed to see if there was something in the text to say this could happen as a special use. This was not clearly described. In staff's opinion, the M-1 text would have to be modified to allow a special use provision. In the R-1 district, there is a special use permit provision that would allow multi-family complexes to park on single family property with a special use permit. This is very similar. Mr. Hickok stated the staff report mentions a special use permit. The petitioner was not ready with a plan at this time. The petitioner wanted to approach this as a zoning text amendment first. If this was deemed appropriate, they would then come forward with a special use permit request. Staff recommends approval of the following text amendment: (13) Storage of new or used automobiles incidental to an automobile agency, provided that the following minimum requirements are met: (a) Motor vehicles stored outside shall not exceed 15 feet in height; (b) Screening materials are provided as in Section 205.17.06.G.(1).(a).; (c) No materials shall be stored on the property other than new and used automobiles incidental to the adjacent automobile agency; 3.02 PLANNING COMMISSION MEETING, DECEMBER 14, 1994 PAGE 3 (d) Lighting associated with the storage area shall be downcast security/safety lighting and shall not exceed a footcandle measurement deemed appropriate by the City for the specific location. (e) A site plan shall be submitted indicating all code required elements, including but not limited to, concrete or asphalt parking surfaces, concrete curbing around the perimeter of all parking surfaces, screening walls or fences, specific landscape plant materials, plant locations, irrigation plans for landscaped areas, and driveways. (f) The location and design of all driveways shall be canstructed to avoid noise and traffic impact on residential areas. (g) No sales or display activity shall occur on the property. (h) Drive aisles shall be kept free of vehicles to allow proper circulation of emergency vehicles. (i) No junk or inoperable vehicles shall be stored on site. (j) Al1 screening fence installations shall meet the minimum building setback requirements from any property line abutting public right-of-way. Mr. Hickok stated staff recommends this language as an amendment to the M-1 district. Ms. Modig stated the recommended language in (13).(e). talks about parking surfaces. Does this exclude gravel? Mr. Hickok stated yes. The surface would need to be a firm surface . Mr, Stelter stated he was attending for Mr. Moody, who was not able to attend the meeting. Mr. Stelter questioned (13).(g). which does not allow sales or display activity on the property. If they have a customer who wants to see a vehicle in this storage area, does that mean we cannot take that customer there to see the vehicle? The language seems somewhat vague. Mr. Hickok stated the intent is that this not be used as a display area for vehicles. In discussions with dealership representatives, staff's understanding is that this will free up the display area near the existing building and allow them to make better use of that existing space while having a place for inventory and employee vehicles. Our intent is to say that this is for storaqe and 3.03 PLANNING COMMISSION MEETING, DECEMBER 14, 1994 PAGE 4 employee parking and is not to be an expansion of the display floor for the dealership. Mr. Oquist stated it is not uncommon for a dealership to walk a customer back to a display to show them a car or cars being discussed. He suggesting wording that would allow them to at least walk into the area and show customers a vehicle. Other dealers have done this for him. Mr. Hickok stated the intent is not to expand the display floor. He would welcome suggestions to adapt the wording. He did not think the impact of showing a car would be detrimental. Mr. Sielaff did not think the language would be needed. Mr. Saba did not know how this could be prohibited. It would be another matter if they are bringing cars up to the customer for a test drive. Mr. Stelter stated everything is for sale. Not allowing the customer into this area is very restrictive. Mr. Sielaff asked if the real issue was the lighting and screening. This expansion area may not be a good place to display vehicles. Mr. Hickok stated this makes it clear that along the back of this site there would not be display pads to attract customers and would not be meant to attract customers or increase visibility. He did not think there would be an issue with the dealer walking into the area with a customer. Mr. Newman suggested the wording for (g) to read, "Vehicles will not be displayed for sale on the property10. Taking a buyer into the area may be considered a sales activity, but the vehicles are not being displayed for sale. Mr. Stelter stated it would be almost impossible for a salesperson not to walk back there to show a car to a customer. Mr. Stelter stated Friendly Chevrolet has hired the services of Phillips Klein for a possible expansion to the showroom and service department. The site plan for this storage lot will also be drawn at that time. Mr. Sielaff asked if there was any criteria for what can or cannot be amended. Mr. Hickok stated, from the City's perspective, this is within the enabling legislation within the zoning umbrella and we are able to amend as long as this goes through the process. Zoning is based on 3.04 PLANNING COMMISSION MEETING, DECEMBER 14, 1994 PAGE 5 the criteria oi health, safety and welfare. The change has to be reasonable and not detrimental to the surrounding developed areas. MOTION by Mr. Saba, seconded by Ms. Modig, to close the public hearing. UPON A VOICE VOTE� ALL VOTING AYE� CHAIRPER80N NEWMAN DECLARED THE MOTION CARRIED AND THE POBLIC HEARING CLOSED AT 7:48 P.M. Mr. Saba saw no problem with the request and felt this was the right way to approach the requ�st. The petitioner will be returning for a special use permit. MOTION by Mr. Sielaff, seconded by Mr. Oquist, to approve Zoning Text Amendment, ZTA #94-02, by Roger Moody of Friendly Chevrolet, to consider a zoning text amendment to recodify the Fridley City Code, Chapter 205, entitled "Zoning", by amending Section 205.17.01.C., to allow automobile storage as an accessory use to adjacent automobile sales facilities on the northeast quarter lying east of the west 600 feet and south of the north 1,120 feet,: Section 12, Township 10, Range 24, Anoka County, generally located to the east oi the Fridley Chevrolet property, 7501 Highway 65 N.E., as follows: (13) Storage of new or used automobiles incidental to an automobile agency, provided that the following minimum requirements are met: (a) Motor vehicles stored outside shall not exceed 15 feet in. height; (b) Screening materials are provided as in Section 205.17.06.G.(1).(a).; (c) No materials shall be stored on the property other than new and used automobiles incidental to the adjacent automobile agency; (d) Lighting associated with the storage area shall be downcast security/safety lighting and shall not exceed a footcandle measurement deemed appropriate by the City for the specific location. , (e) A site plan shall be submitted indicating all code required elements, including but not limited to, concrete or asphalt parking surfaces, concrete curbing around the perimeter of all parking surfaces, screening walls or fences, specific landscape plant materials, plant locations, irrigation plans �or landscaped areas, and driveways. 3.05 PLANNING COMMISSION MEETING. DECEMBER 14. 1994 PAGE 6 (f) The location and design of all driveways shall be constructed to avoid noise and traffic impact on residential areas. (g) Vehicles will not be displayed for sale on the property. (h) Drive aisles shall be kept free of vehicles to allow proper circulation of emergency vehicles. (i) No junk or inoperable vehicles shall be stored on site. {j) All screening fence installations shall meet the minimum building setback requirements fro� any property line abutting public right-of-way. IIPON A VOICE VOTE, ALL VOTING AY$, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED IINANIMOUSLY. Mr. Hickok stated the City Council would review this request on January 9. 2. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT, SP #94-18, BY LAWRENCE FELDSIEN OF SINCLAIR MARKETING CO.: Per Section 205.15.O1.C.(4) of the Fridley City Code, to allow a repair garage in a C-3, General Shopping Center District, on Outlots 2 and 3, Block 1, Moore Lake Highlands 4th Addition, generally located at 6290 Highway 63 N.E. MOTION by Mr. Oquist, 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, CHAIRPER30N NEWMAN DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:50 P.M. Mr. Hickok stated the request is to allow reuse of an existing building along Highway 65. The automotive repair portion of the code in a General Shopping District requires a special use permit. The actual dispensing of fuel requires a special use permit as well. This facility does predate the special use requirements for the dispensing of fuel but it does cover requiring a special use permit to reuse the service portion of the building. Before 1974, this building had service bays that were visible from Highway 65. Those service bays were covered in 1974 and a special use permit was granted to allow the sale of campers and trailers on this site. At that time, the overhead doors had planters placed in front of the doors and a Sinclair sign placed over the front of the doors. Recently, Sinclair expressed an interest in removing the planters and sign, opening the service bays and leasing the facility to a client who is interested to providing service at this site. Doing so requires a special use permit. 3.06 PLANNING COMMISSION MEETING, DECEMBER 14, 1994 _PAG$ 7 Mr. Hickok stated the City typically requires landscaping in the boulevard area in front of the pumps and would normally require a 2o-foot landscaped area. Because this predates the requirement, there is parking closer to the property lines and there is not a 20-foot setback. When staff reviewed the site, staff realized there were certain given factors such as the location of the tanks, the circulation of the site as it exists today, and the inability to do certain things like move the tanks. Staff recommended a number of stipulations as outlined in the staff report included with the agenda. After discussions with the petitioner, these stipulations were modified. The request does not adversely impact surrounding properties or use. Staff recommends approval of the request with the following stipulations: l. A fenced screening area to the rear of the building shall be created. Fencing shall be eight feet in height, board on board design with an opaque gate (see "improvement plan" for fence locations). Used tires, the dumpster, and the waste oil tank shall be stored within this storage area. 2. No junk vehicies shall be stored on site. 3. Vehicles leaking fluids shall not be stored outside without a device to prevent fluids from running off site. 4. The signage shall comply with Chapter 214 of the City Code. 5. Alterations to the site shall comply with the UBC and UFC. 6. Additional landscaped areas lined with concrete curb as indicated on the improvement plan shall be provided by the petitioner on site. The landscaped areas shall include underground irrigation. The landscaped areas shall include sod or seed, three ornamental trees, and shrub beds with evergreen and deciduous shrubs. 7. Any vehicles waiting�overnight for repair shall be stored within the building. 8. The drive aisles shall be reduced to 32 feet. 9. Both overhead doors shall remain closed except to allow vehicles to be moved in and out of the service bays. 10. The petitioner shall submit a performance bond of $5,000 to cover the outdoor improvements. Mr. Hickok stated, after the staff report was completed and staff met with the petitioner, the petitioner expressed concerns about four stipulations. The petitioner felt they would be more comfortable with saying that there would be no vehic2es outside 3.07 PLANNING COMMISSION MEETING, DECEMBER 14, 1994 PAG$ 8 overnight and the dumpster, regarding th uncomfortable that the screened area would be for the used tires, and waste oil tank. The petitioner had concerns e landscape requirements. The petitioner was with stipulations 9 and 10. Mr. Hickok stated, because the special use permit requires landscape improvements to the site, the petitioner took another look at what might be the eventual use of the site. The petitioner knows that by December, 1998, the tanks must be removed or modified according to State law to make sure they meet the current requirements for underground tanks. Consequently, the petitioner requested that the landscape improvements be done in conjunction with moving the tanks to the north side and reworking the customer parking and other elements on site. After reviewing, staff was comfortable with the fact that the petitioner has four years in which to that. Staff's recommendation is to place a timeline on the landscaping to say this is to be completed on or before December, 1998, or at the time the tanks are upgraded whichever occurs first. This would allow them to begin service on the site and would say the landscape requirements will take place. In the event the site plan changes during this process, staff would review those changes with the petitioner. Stipulation 8 requires 32-foot drive aisles but the hard surface as it exists goes out to the property line. The 32-foot drive aisles could be defined by planters or by painting the surface. Staff is looking at a solution that would eventually get the property into compliance so staff is looking at the same type of timeline for stipulation 8 as suggested for the landscaping. Mr. Hickok stated these modifications are agreeabie with staff and the petitioner. The petitioner is here to discussion stipulations 9 and 10 and is uncomfortable with the circulation and comfort level of technicians if they work with the doors closed. Staff's position is that having the doors closed takes the impact of the automobile activity off of a major roadway. By current standards, staff may ask that those doors face another direction. Mr. Saba asked if a performance bond was typical for this type of activity. Mr. Hickok stated performance bonds are typical. The amount requested is considered relatively small. Mr. Saba asked if this bond would be held until December, 1998, if the landscaping and drive aisles were not in compliance. Mr. Hickok stated yes. Mr. Newman stated, rather than tie up a bond for four years, the City can revoke the special use permit if the work is not done. This seems like significant clout without a bond. Four year� is a 3.08 PLANNING COMMISSION MEETING, DECEMBER 1�, 1994 PAGE 9 long time to have $5,000 tied up, and there is also a paperwork issue to track a bond for four years. Mr. Newman asked if staff had looked at the issue of vehicles on site overnight. Businesses of this nature often have on site tow trucks, cars for sale, etc. Mr. Hickok stated the petitioner indicates they would keep the site clean outside. In lieu of having a storage area behind the building, no vehicles would be outside. Vehicles related to the operation would be in the service bays. Starf did not discuss tow trucks with the petitioner. The site should be a clear lot. Mr. Newman stated stipulation 7 should then read that all overnight vehicles should be stored within the building rather than just those waiting repair. Mr. Hickok stated this was his understanding. The petitioner is present to discuss these stipulations. Mr. Feldsien stated they have seen in the marketplace a number of trends, one of which is that to increase sales they must also provide service. At a number of their locations, there is an interest in doing that and Sinclair is interested in moving in that direction. Sinclair has owned this facility since the 1960's. Some of the things discussed with staff have been resolved. There are still some issues. One of the issues is the outside storage of vehicles. In order to operate a service station, some vehicles must wait outside in order to service .them during the day. His original thought was that at closing time there would be no vehicies outside. In further discussion with Mr. Reno, who would be operating the service station, some vehicles may need to be stored outside. Sinclair has a policy that they are not in favor of storing vehicles outside. Vehicles to be worked on are okay, but nothing that will be on site more than one day. The company checks their sites internally to police that policy. Mr. Feldsien discussed the issue of the overhead doors. This building is not air conditioned. To work on cars inside in the summer gets very hot. The overhead door issue is a matter of comfort and bears on the quality of the work done by the technicians. Mr. Feldsien stated, regarding the bond, if we do not perform our requirements, the special use permit can be taken away. The company has more invested in the site than in the bond. Mr. Feldsien showed a preliminary site plan showing the intended land use expansion while still meeting the code requirements. In order to meet the requirements, the dispensers could not be placed in the same location. The islands would need to be moved to the 3.09 PLANNING COMMI88ION MEETING, DECEMBER 14, 1994 PAGE 10 north side of the building. One concern in doing so is allowing room for trucks to come in and fill the tanks. The proposed landscaping and storage area was reviewed. Mr. Newman asked if Mr. Feldsien envisioned the overhead doors would remain facing Highway 65. Mr. Feldsien stated, at this point, yes. The mechanical and rest rooms are to the north as is the sales room. The only logical place for the service bay is where they are now or to the rear. If placed to the rear, the turn around is very tight. The building is only 30 feet from the property line. Mr. Newman s}ated he had less concern about the overhead doors being open if they faced the highway. If the doors are relocated, the neighbors may be concerned. Mr. Feldsien stated the building is made of concrete block and is in good condition. Sinclair has no intention of taking down the building. They might consider putting a canopy over the dispensers to the north of the building. Mr. Saba asked if there were any plans to have tow trucks on the property. Mr. Reno stated they currently have a tow truck at their other location and would likely have one at this site. If this is an issue, they can keep it at their other location. Mr. Oquist stated the tow truck would be parked to the back or side of the building during the day and inside at night. Mr. Newman stated, getting back to the parking issue, he was not sure what the petitioner was requesting for parking. Mr. Feldsien stated he talked with staff and understood that they were to try to park all vehicles inside. In talking to Mr. Reno, he stated there may be additional vehicles they would have to park outside. The question is how many cars would there be at any given time. Mr. Reno stated the number would depend on the customer base. If they have a large customer base, they will have cars. If they are to have only two vehicles, they cannot operate a business. He does work for major area dealerships. Customers cannot always pick up their cars so there is some carry over. If they do a good business, there could be ten cars on the lot. That is part of the incidentals of doing this type of business. It should be good if they can get the cars in and out of the site in a timely fashion. 3.10 PLANNING COMMISSION MEETING, DECEMBER 14. 1994 PAGE 11 Mr. Newman stated he recognized that the petitioner was sincere but a successor may have a different attitude. They want the petitioner to be successful. He understands certain vehicles will stay overnight. How do we guard against vehicles that constantly turn over versus a loaner car kept on site or selling a car? How do we distinguish the difference? Mr. Feldsien stated Sinclair does not allow any sales of vehicles on site. Mr. Reno suggested wording that any vehicles that would be on site for more than 48 hours be behind the building. Mr. Newman asked if vehicles could be stored overnight in the screened area. Mr. Reno stated the fenced area was not large enough. Mr. Oquist suggested saying that any vehicle on the property for more than 24 hours has to be on the south side or in the area to the rear of the buiiding. A fence goes around the property so the vehicles would not be exposed to Highway 65. Mr. Saba asked i.f there was a residential area to the back. Mr. Oquist stated there is not a residential area directly behind this site. There is commercial property to the south. Mr. Newman stated the storage area appeared to be of good size. Mr. Hickok stated there is 45 feet from the building to the rear and 30 feet of space on the south side of the building. From a staff analysis standpoint and in light of this information, there is a controlling feature about a certain size containment area. There is not only effective screening of vehicles leaving an open and uncluttered space, but also has a just-in-time inventory aspect. He would suggest the language provide for a screened area or not to exceed a certain number of stalls to avoid clutter. Mr. Newman asked about including the suggestion that no vehicles are to be stored for more than 24 hours outside. Mr. Hickok stated this is difficult to enforce. This could require daily-checks. Staff would be more comfortable to drive by and say they are exceeding, for example, 20% of the spaces or there are cars outsi:de of the containment area. Mr. Oquist stated he was thinking the cars would be restrained to the south and west side of the building with nothing to the east and north for storage. This would help to contain the storage parking in a certain area. 3.11 PLANNING COMMISSION MEETING, DECEMBER 14, 1994 PAGE 12 Mr. Reno stated trying to pack the cars into a significant area of the lot would not look right. He suggested striping the lot to provide for logical parking. If cars are parked in an organized fashion, it would look okay., Mr. Oquist stated he was concerned about a Sinclair station in the area that had a boat stored there for some time. He did not want that kind of clutter. Mr. Reno agreed there should not be clutter. He is not in the business to store vehicles. The parking lot could be striped for parking. The less mess there is the easier it is for them to work. The business plan is to provide general maintenance rather than major repairs. Mr. Hickok stated a parking area is 10 feet x 20 feet. The storage area would provide nine standard size parking spaces. Mr. Newman stated three cars could be parked in the 30 foot strip to the south of the building without jockeying vehicles. He is inclined to say to park inside or inside the screened area. Ms . Modig stated another service station has cars parked on the south and east. She did not think the Commission could make it more prohibitive for this petitioner than for another business in the City. The other station is across the street from a residential area. Here the cars are going to be facing a parking lot and a shopping center. Mr. Hickok stated, as staff analyzed, one of the questions is, given the opportunity with the special use permit and given the conditions that exist on this site, would we allow that to happen again. That points out there are some unsightly issues detrimental to surrounding properties. Given the same opportunity, we would not allow that to happen again. We are asking the petitioner through the special use permit process to abide by certain conditions. Mr. Newman stated, to address Ms. Modig's concern, can we go back and adopt an ordinance that vehicle maintenance services areas not have vehicles stored outside for more than 24 or 48 business hours. Mr. Sielaff stated, if doing maintenance, there could be many cars there. Mr. Reno stated he has a location in Anoka which is in a residential neighborhood. At this location, they service 240 cars a month or about 12 cars per day. They have not had complaints from their customers or from the neighborhood. It is a matter of being organized and being neat. The nature of the business is that there will be a number of cars. He hopes their business would be 3.�2 � PLANNING COMMISSION MEETING, DECEMBER 14, 1994 PAGE 13 about the same in this location. Cars are constantly rotated. The site is kept neat and clean. Mr. Sielaff stated a restriction on clutter does not do much and is hard to police. Mr. Newman stated, as long as there is turnover, vehicles are not stored for weeks on end. Mr. Sielaff asked if there was anything that could be done to manage the flow in and out such as asking a customer to bring in their car and pick it up at a certain time. Mr. Reno stated they call those who do not pick up their cars. They have to do that anyway. The current.parking only holds ten cars. Mr. Newman asked how many cars do they average staying overnight on site. Mr. Reno stated there are about ten cars average. This can be somewhat higher in the winter and lower in the summer. Mr. Saba stated he would like to see some way to answer these concerns. He sees a need for such a service in this area. If there any wording to cover these concerns? Mr. Newman asked if the Commission was comfortable with stipulating. a maximum time of 48 hours. Ms. Modig stated she did not know how this could be enforced. Mr. Sielaff thought it made more sense to address the clutter directly which could mean having a separate storage area or restricting the number of parking spaces outside the facility. Someone could count the cars and, if above a certain number, it is a violation. Mr. Newman stated the problem he could see is when 15 customers want to drop off their cars the night before and they cannot do so because it is against the ordinance. Ms. Modig stated this does not address boats. Can this include language that these must be motorized vehic�es? Mr. Reno stated the City of Anoka has an ordinance that says non- currently licensed vehicles must be moved in 48 hours. The city can also restrict the size of the vehicle to eliminate buses or RV's or restrict the length. 3.13 PLANNING COMMISSION MEETING, DECEMBER 14, 1994 PAGE 14 Mr. Sielaff stated putting on a time limit still allows cars there as long as they are not there for 48 hours. Mr. Reno stated this can be policed by pulling the work orders. Mr. Oquist suggested wording that cars are to be orderly parked for no longer than 48 continuous hours or similar wording so that cars are parked in stall areas outside and turning them over in 48 hours. It is still hard to police but, if it becomes obvious that cars have been there a longer time, people can complain and the City can monitor. Mr. Hickok stated that is something staff can monitor and enforce. It does make it difficult to monitor the lot. Mr. Oquist stated he would also like to include that there shall not be any non-licensed vehicle there for more than 48 hours. We have that in our residential areas. Mr. Hickok stated this is true throughout the City and the City now has the authority to enforce. Ms. Modig asked if it would be beneficial to put on a height restriction. � Mr. Hickok stated he thought the issue is the percentage of the site covered by vehicles. On a typical evening, there may be ten vehicles. There are ten defined parking stalls. We could expect that all parking stalls on the site, not including those on the back side of the building, will be full at all times. It was the clutter issue that staff was looking at. The fenced containment area allows nine vehicles and mandates rotation of vehicles. If they found they could not make it with nine vehicles, there are three more possible stalls to the south of the building. If the cars are to be screened and rotated, the fenced in area mandates rotation. If the Commission is comfortable with having vehicles outside, we should be sp.ecific to say that each vehicle needs to be in a parking stall. He is concerned about orderly conditions and the inventory on site. Mr. Newman agreed. However, with Minnasota winters and with snow and ice, it would be difficult to have nine cars at this site every night. Mr. Feldsien stated it would be hard to get snow out of that area. It could be a real problem. Mr. Newman stated, if there is a thriving business and 15 cars are there, we need to provide some flexibility and tools for them to be in business at this location. 3.14 PLANNING COMMISSION MEETING DECEMBER 14 1994 PAGE 15 Mr. Oquist stated having the cars in an orderly fashion means having the cars in parking stalls and not in the driving aisles and having a turn over every 48 hours would provide control. Mr. Newman asked if that was the direction with which the Commission was comfortable. He sees other issues including the bond which perhaps is not needed. The Commission agreed the bond could be eliminated and to delete that stipulation. Mr. Newman asked for comments concerning the issue of the overhead doors. The Commission members had no problems with allowing the overhead doors to be open. Mr. Davis asked what was being required for the fenced area. Mr. Newman stated the fenced area is for screening used tires, the dumpster, and the waste oil tank. Mr. Davis stated he understood this also, but it sounded as if the discussion meant the entire rear area needed to be screened. Mr. Sachs stated he lives in the area and he would like to have a station back in the area. They had a station there before which was very successful. Now he has to drive to get his car fixed. He would like to see a station back in the area. MOTION by Mr. Saba, seconded by Ms. Modig, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEAMAN DECLARED THE MOTION CARRIED AND THE POBLIC HEARING CLOSED AT 8:47 P.M. Mr. Newman suggested the parking be restricted to include licensed motorized vehicles parked in designated parking stalls and not for more than 48 continuous hours. If the structure is remodeled and the overhead doors relocated, he would like to review the special use permit. The landscaping and striping of the parking lot should be completed by December 31, 1998, or at the time the underground tanks are installed. Mr. Sielaff asked how this would change on the site plan so the only stalls to be parked in are along the north and east of the building, Would there be parking stalls to the rear? Mr. Newman stated, if it was within the ordinance, it would be okay. 3.15 1 PLANNING COMMISSION MEETING, DECEMBER 14, 1994 PAGE 16 Mr. Sielaff stated his concern is there would be no parallel parking along the landscaped areas to the north overnight and parking along the west part of the lot overnight. Mr. Newman asked what would prohibit parking to the rear of the building. Mr. Hickok stated the petitioner could use that area for parking as long as the stalls are striped. Mr. Newman asked if they needed a clear space for drive lines. Mr. Hickok stated yes. If the petitioner wanted to have additional parking in that area, staff would work with the petitioner on different width drive aisies depending on how the stalls are designed. Mr. Sielaff e�ressed concern that cars could be parked all along the northwest corner of the site. Mr. Hickok suggested a stipulation to say that, in the event that the petitioner chooses to use this area for parkinq, they must have a pre-approved striping plan and the plan must be approved by City staff accordingly. Mr. Newman asked if staff had a plan that defined the parking. Mr. Hickok stated the parking as presented is as it exists today. Mr. Newman suggested a stipulation that, if additional parking areas are designated above and beyond what is shown on the submitted plan, these parking areas must be approved by City staff in accordance with the ordinance. MOTION by Mr. Saba, seconded by Mr. Oquist, to recommend approval of Special Use Permit, SP #94-18, by Lawrence Feldsien of Sinclair Marketing Co., to allow a repair garage in a C-3, General Shopping Center district, on Outlots 2 and 3, Block l, Moore Lake Highlands 4th Addition, generally located at 6290 Highway 65 N.E., with the following stipulations: 1. A fenced screening area to the rear of the buildi:ng shall be created. Fencing shall be eight feet in height, board on board design with an opaque gate (see "improvement plan" for fence locations). Used tires, the dumpster, and the waste oil tank shall be stored within this storage area. 2. No junk vehicles shall be stored on site. 3. Vehicles leaking fluids shall not be stored outside Without a device to prevent fluids from running off site. 3.16 PLANNING COMMISSION MEETING� DECEMBER 14, 1994 PAGE 17 4. The signage shall comply with Chapter 214 of the City Code. 5. Alterations to the site shall comply with the UBC and UFC. 6. Additional landscaped areas lined with concrete curb as indicated on the improvement plan shall be provided by the petitioner on site. The landscaped areas shall include underground irrigation. The landscaped areas shall include sod or seed, three ornamental trees, and shrub beds with evergreen and deciduous shrubs, to be completed on or before December 31, 1998, or at the time of the installation of underground tanks, whichever occurs first. 7. There shall not be any outdoor storage outside of the screened yard area except for licensed motor vehicles which are parked in designated parking stalls provided they are not parked outdoors for more than 48 continuous hours. 8. The drive aisles shall be reduced to 32 feet, to be completed on or before December 3i, 1998, or at the time of the installation of underground tanks, whichever occurs first. 9. In the event that the structure is remodeled so that the overhead doors are located other than on the east side of the building, the special use permit shall be reviewed. l0. If additional parking areas are designated above and beyond what is shown on the submitted plan, these parking areas must be approved by Cit� staff in accordance with the ordinance. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Hickok stated the City Council would consider this request on January 9. Mr. Feldsien requested a copy of the minutes be sent to him. 3. RECEIVE THE MINUTES OF THE PARKS AND RECREATION COMMISSION MEETING OF NOVEMBER 7. 1994 MOTION by Mr. Oquist, seconded by Ms. Modig, to receive the Parks and Recreation Commission minutes of November 7, Z994. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTTON CARRIED UNANIMOUSLY. 4. RECEIVE THE MINUTES OF THE HOUSING & REDEVELOPMENT AUTHORITY MEETING OF NOVEMBER 10, 1994 3.17 PLANNING COMMISSION MEETING, DECEMBER 14, 1994 PAG$ 18 MOTiON by Mr. Saba, seconded by Mr. Sielaff, to receive the Housing & Redevelopment Authority minutes of November 10, 1994. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NBWMAN DECLARED THE MOTION CARRIED IINANIMOUSLY. 5. RECEIVE THE MINUTES OF THE APPEALS COMMISSION MEETING OF NOVEMBER 22, 1994 MoTION by Ms. Modig, seconded by Mr. Saba, to receive the Appeals Commission minutes of November 22, 1994. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLA.RED THE MOTION CARRIED IINANIMOIISLY. ADJOURNMENT MOTION by Ms. Modig, seconded by Mr. Oquist, to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED AND THE NOVEMBER 30, 1994, PLANNING COMHISSION MEETING ADJOURNED AT 9:53 P.M. Respectfully submitted, Lavonn Cooper Recording Secretary 3.18 � _ � i DATE: T0: FROM; Community Development Department PLA1Vl�TING DIVISION City of Fridley January 4, 1995 � William Burns, City Manager,� Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator SUBJECT: Establish Public Hearing for January 23, 1995 to Consider First Reading of a Zoning Text Amendment (2TA #94-02) to recodify the Fridley City Code, Chapter 205, entitled "Zoning" by amending Section 205.17.01.C., to allow automobile storage as an accessory use to adjacent automobile sales facilities, generally located�to the east of the Friendly Chevrolet property, 7501 Highway 65 N.E. (Ward 2) The Planning Commission considered a request by Roger Moody, Friendly Chevrolet, to amend the zoning text to require a special use permit for automobile storage in an M-1, Light Industrial District. This amendment would allow storage on M-1, industrial property when adjacent to an automobile sales facility. The Commission recommended approval with the following language: (13) Storage of new or used automobiles incidental to an automobile agency, provided that the following minimum requirements are met: (a) (b) Motor vehicles stored outside shall not exceed 15 feet in height; screening materials are provided as in Section 205.17.06.G.(1).(a).; (c) No materials shall be stored on the property other than new and used automobiles incidental to the adjacent automobile agency; (d) Lighting associated with the storage area shall be downcast security/safety iighting and shall not exceed a footcandle measurement deemed appropriate by the City for the specific location. 4.01 Friendly Chevrolet Zoning Text Amendment January 4, 1995 PAGE 2 (e) A site plan shall be submitted indicating all code required elements, including but not limited to, concrete or asphalt parking surfaces, concrete curbing around the perimeter of all parking surfaces, screening walls or fences, specific landscape plant materials, plant locations, irrigation plans for landscaped areas, and driveways. (f) The location and design of all driveways shall be constructed to avoid noise and traffic impact on residential areas. (g) Vehicles will not be displayed for sale on the property. (h) Drive aisles shall be kept free of vehicles to allow proper circulation of emergency vehicles. (i) No junk or inoperable vehicles shall be stored on site. (j) Al1 screening fence installations shall meet the minimum building setback requirements from any property line abutting public right-of-way. RECOMMENDATION Staff recommends that the City Council establish January 23, 1995 as the date of the public hearing. SH/ M-95-7 4.02 192 ES O TA ��♦��♦��l�I / ' �'' i' �� ,F +E �j�� , r 1E%G%��/i� ♦ I r � • l�� / � / � /i% � � c� 0 Z � `�'-� �°� 3 /%///' C � � � � �. � _ �, �� I �- � �;. � I . � . . �.� . i�� ii � _ Isi� ..�s :;:•� • . . . . �� 00000 d� ��. ■ ��i�' : ��i � �� L��.v . .� � .� , - o ;S : - � . �: �.. o . _ 1 ,.� _ � -- -\; j -� � � 1 � �� S � Dcv:3 M-1 -� f i�-� °� a�, Y- ��= a � 75?h �vENUE N E / ' ��.� ;L!/NO � i � `�- t,� , . �� ' .4CRES 6 ' � o s� � t` , �F�AN / •;'f 3 3 �`• L � � 4 �0 0000 � � . � -� ' J ., R� � o°o°o o°o°o .. f � 7 6., S � 000000c, �s � � �,�Z�� 00000000 00000000. 2 9,i° � 9 1 S �00000000� ,Z, P 000pc0000 �0000000000 � o o°o°o°o°o o°o°o°o� � 0000000000c , 3 �q � AD� � 33 i � � i rn ?S , 21 `1� i 1� �� y 9 i ' 7 ./ }• 34 �� / ' 1 1 .'f:• '�'• � • • • • • • • • ' y� • • � k�. ;:.�..�•' .•3: ,.. . . . . . . . E . Q z� Zs z, z4 4. •:'� • • • • a • • � � � � _ • • • e� • • • • • • • • . .. _--------- � ._. . _ nn . n ic u � . .� � i . . . . c'. - - l� � � • • � • • � . + a-� � • • • . • s.'f� �• • • .. . R4D.. . .�. , • •.._.:. . , �' � • • e , � RTO � ! • • N ' - i �•. .� i •.,' ••• � � • 1 --�� %I NSFER �, 4 DISTRICT LEGEND R-1 ONE F�MILY DWG'S ❑ M-1 116NTINOU.STNt�I� � p-2 TWO F�Mlll' OWC'S � Y-3 NEAVY INDUS7Rl11L �. R-J GEN_ MULTIPIE DWC'S � PVD PLANNED UNIT DEV.. � � N-� ' MOBILE HOME PRqK ❑ 5-1 MYOE P11RK NE�GHBORMp00 ❑. P PUBLIC FACILITIES � 5-2 REOEVELOVMENT OISTAiCT ' `�` C-1 LOCl1l BUS�NESS ❑ p-t CPEEN i RIVEp iRESEA��T10N � G-i GENERA� BUSIME55 � O-2 CRITICAI �RE• �� C-7 CENERAL SHOVVING � C-Nt GENEH�L OfFICE . ❑ VAC�TED STREETS �J .03 ZONING MAP Notice is hereby given Fridley City Council at University Avenue N.E. for the purpose of: PUBLIC HEARING BEFORE THE CITY COUNCIL that there will be a public hearing the Fridley Municipal Center, 6431 on Monday, January 23, 1995 at 7:30 Consideration of a Zoning Text Amendment, ZTA #94-02, by Roger Moody of Friendly Chevrolet, to consider a zoni�ng text amendment to recodify the Fridley City Code, Chapter 205, entitled "Zoning", by amending Section 205.17.01.C., to allow automobile storage as an accessory use to adjacent automobile sales facilities on the northeast quarter lying east.of the west 600 feet and south of the north 1,120 feet, Section 12, Township 30, Range 24, Anoka County, generally located to the east of the Fridley Chevrolet property, 7501 Highway 65 N.E. of the p.m. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than January 16, 1995. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. Any questions related to this item may be referred to the Fridley Community Development Department at 572-3592. Publish: January 10, 1995 January 1.7, 1995 4.04 WILLIAM J. NEE MAYOR � _ � . DATE TO Community Development Department PLANIVING DIVISION City of Fridley January 5, 1995 �� William W. Burns, City Manager � FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Lisa Campb��lanning Associate SUBJECT: Consider Authorization to Solicit Request For Proposal For Recycling Services The current contract for recycling services terminates April 1, 1995. Staff has developed the attached draft Request for Proposal For Recycling Services (RFP) for your information. Significant features of the draft RFP include: 1. A two year term, April 1, 1995 to March 31, 1997 2. An opportunity for revenue sharing 3. An opportunity to add one to four additional materials. 4. Canned food collection curbside twice a year. The two year term is in keeping with past practice. Staff is exploring revenue sharing option as a result of recent improvements in market conditions. With revenue sharing, it may be possible to offset contract expenses. The City of Roseville participates in revenue sharing with its recycling contractor. Over the last four months, Roseville's monthly revenue payments have increased from $1,200 to $3,000 per month. However, one drawback to revenue sharing is a higher per unit contract price. � The RFP includes a request for information on the per unit prices of adding materials. The possibie materials include: textiles, chipboard (i.e., cereal boxes and pop cases), and phone books. Information on a per unit price to include plastic will also be requested. Staff expects that adding plastics will continue to increase contract cost by 10-14%. Finally, staff has included a component for twice a year curbside collection of canned foods to benefit Minnesota Food Shelf. RECONIl�IENDATION Staff requests Council to authorize distribution of Requests for Proposal for Recycling Services. The RFPs will be distributed to the Contractors on the 1993 proposal list, and any potential Contractor requesting an RFP. The notice will be published in the Fridley Focus on January 10, 17, 24. A recommendation on a proposed recycling services contractor will be forwarded for Council action at the March 6, 1995 Council meeting. LC:da M-95-02 5.0 7 CITY OF FRIDLEY MINNESOTA� SPECIFICATIONS AND REQIIEST FOR PRO�OSAL FOR COMPREHENSIVE RECYCLING SERVICE3 January 1995 Proposals accepted until 2:00 p.m. February 2nd, 1995 City of Fridley Municipal Center 6431 Universi.ty Avenue N.E. Fridley, MN 55432 CONTRACTOR's NAME ADDRE5S: 5.02 NOTICE CITY OF FRIDLEY MINNESOTA THE CITY OF FRIDLEY IS REQUESTING PROPOSALS FOR COMPREHENSIVE RECYCLING SERVICES TO ALL RESIDENTIAL SINGLE-FAMILY HOUSEHOLDS AND MULTI-UNIT HOUSEHOLDS UP TO AND INCLUDING TWELVE UNITS WITHIN THE CITY OF FRIDLEY, MINNESOTA for April 1, 1995 to March 31, 1997 The proposals shall be made in accordance with the Specifications and must be submitted ta the City by: 2:00 p.m. Thursday February 2nd, 1995 The proposals shall be made on forms identical in content to those contained in the Specifications. A13. completed proposal forms shall be submitted to: Lisa Campbell, Recyclinq Coordinator Community Development Department Fridley Municipal Center 6431 Oniversity Avenue N.B. Fridley, MN 55432 Questions and requests for packets should be directed to: Lisa Campbell, Recycling Coordinator City of Fridley 6431 University Ave. N.E. Fridley, MN 55432 (612) 572-3594 5.0 3 PROPOSAL FORM COMPREHENSIVE RECYCLING COLLECTION SERVICES CITY OF FRIDLEY 6431 UNIVERSITY AVENUE N.E. FRIDLEY, MN 55432 TO: William W. Burns City Manager 6431 University Avenue N.E. Fridley, MN 55432 Dear Sir: 1. The following proposal is made for COMPREHENSIVE RECYCLING COLLECTION SERVICES as described in the Specificatipns provided to the prospective Contractors. 2. The undersigned certify that the specifications contained herein have been carefully examined and understood, and that at no time will misunderstanding of said specifications be pleaded. 3. In submitting this proposal, it is understood that the right is reserved by the City to reject any or all proposals and to waive any informalities and technicalities without explanation. 4.If a corporation, what is the State of incorporation? S.If a partnership, state full names of all co-partners. 6.The Contractor, in compliance with the Notice Requesting Proposals for Comprehensive Recycling Services, hereby submits the following proposal: Official Address: Firm Name: By: Title: Date: 5.04 I. BASE PROPOSAL: Source Separation is required. Al. The City is divided into two Collection Districts. Curbside collection shall occur on the ist and 3rd Fridays of each month in Area 1(north of Mississippi Street) and on the 2nd and 4th Fridays of each month in Area 2(south of Mississippi Street). Cans, glass, newspaper, mixed mail, which includes magazines and corrugated cardboard will be collected from all certified RDUs,1-4 unit buildings. Base proposal includes the provision of recycling services as described above to the municipal center and six public schools. Service to these locations will also include the collection of office paper. Base proposal also includes collection of canned food, curbside, twice a year to benefit area foodshelves. $ per RDU per month A2. Base Proposal to RDUs Plus Revenue Sharing The Contractor shall, on a monthly basis, reimburse the City one-third of the gross revenues from the sale of recyclables minus additional processing costs incurred by the contractor to prepare the materials for market. $ Comments: per RDU per month Bl. The City is divided into two Collection Districts. Collection from all certified MDUs shall occur on the lst and 3rd Fridays of each month in Area 1(north of Mississippi Street) and on the 2nd and 4th Friday of each month in Area 2(south of Mississippi Streetj. Cans, glass, newspaper, mixed mail, which includes magazines, and corrugated ca�dboard will be collected from a11 certiiied MDUs in 5-12 unit buildings. $ per MDU per month 4 5.05 B2. Base Proposal for MDUs plus Revenue Sharing The Contractor shall, on a monthly basis, reimburse the City one-third of the gross revenues from the sale of recyclables minus additional processing costs incurred by the contractor to prepare the materials for market. $ Comments: per MDU per month II. ADDITIONAL COMPONENTS� ADDED MATERIALS � 2a. Textiles Per Curbside RDU $ 2b. Textiles with Per Curbside RDU Revenue Sharing $ -- - Comments: 3a. Chipboard 3b. Chipboard Revenue Sharing Comments: �- . .- ;� Per Curbside RDU $ 5 5.os '' �� _� Per MDU 5-12 units $ '- u� • _� '- v� � II. ADDITIONAL COMPONENTB, continued 4a. Plastics per Curbside RDU � 4b. Plastics with pe� Curbs�de RDU Revenue Sharing $ Comments: 5a. Phonebooks 5b. Phonebooks with Revenue Sharing Comments: �- . .- •o $ � - . .- ;� • _ V � 1 • _ y � ! - �� _� $ ._ � � _, � Any or all of the additional components may be considered or rejected by the City. � 5.07 AFFIDAVIT AND INFORMATION REQOIRED OF BIDDERS (RFP Submitters) Affidavit of Non-Collusion I hereby swear (or affirm) under the penalty for perjury: 1. That I am the bidder (if the bidder is an individual), a partner with the bidder (if the bidder is a partnership), or an officer, or an employee of the bidding corporation having the authority to sign on its behalf (if the bidder is a corporation); 2. That the attached proposal or proposals have been arrived at by the bidder, independently, and have been submitted without collusion with, without any agreement, understanding, or planned common course of action with any other vendor of materials, supplies, equipment, or services described in the invitation to bid, designed to limit independent bidding or competition; 3. That the contents of the proposal or proposals have not been communicated by the bidder or its employees or agents or to any person not an employee or agent of the bidder or its surety or any band furnished with the proposal or official opening the proposal or proposals; and 4. That I have fully informed myself regarding the accuracy of the statements made in this affidavit. S Firm Name Subscribed and sworn to be on this day of 1995. Si My Commission Expires 7 i :� CITY OF FRIDLEY SPECIFICATIONS FOR COMPREHENSIVE RECYCLING SERVICES TO ALL RESIDENTIAL SINGLE-FAMILY HOII$EHOLDS AND MIILTI-IINIT HOIISEHOLDS UP TO AND INCLODING TNELVE IINITS I. Introduction: These specifications define the requirements of the Comprehensive Recycling Program for the City of Fridley. For the purpose of these specifications the City of Fridley has identified 7,676 Residential Dwelling Units, defined as units in 1-4 unit buildings. These units will be serviced as residential units, as specified herein. The City has identified 767 additional Multi-Unit Dwellings, defined as units in 5-12 unit buildings. These units will be serviced as multi-units, as specified herein. Please see Exhibit A. II. Specifications l. Contractor Service Re�zirements• The Contractor agrees to provide comprehensive recycling services described herein and as described in the Proposal and Exhibit A. 2. Co��ection Vehicle Eqi�pment Re�xuirements: Each collection vehicle shall be equipped with the following: a. a two-way radio b. a first aid kit c. an approved 2AlOBC Dry Chemical Fire Extinguisher d. warning flashers e. warning alarms to indicate movement in reverse f. signs on the rear of the vehicle which state "This Vehicle Makes Frequent Stops" g. a broom and a shovel for cleaning up spills Al1 of the required equipment must be in proper working order. AlI vehicles must be maintained in proper working order and be as clean and free from odors as possible. All vehicles must be clearly identified on both sides with Contractor's name and telephone number. 8 5.09 city of Fridley specifications for Comprehensive Recyclinq services to all Residential Sinqle Family Households and Multi-Unit Households Up to and Includinq Twelve Units 3. Personnel Recxt�irements: Contractor shall retain sufficient personnel and eguipment to fulfill the requirements and specifications of this Agreement. Contractor's personnel shall: .� � c. Conduct themselves at all times in a courteous manner with the general public. Make a concerted effort to have at all times a presentable appearance and attitude. Perform their work in a neat and quiet manner, clean up all recyclables spilled in collection and hauling operations. d. Avoid damage to property. e. Not perform their duties or operate vehicles while consuming alcohol or illegally using controlled substances or while under the influence of alcohol and/or such substances. f. Handle containers by picking them up, emptying their contents into the collection vehicle, and place, not throw, the container back in its original location. 4. Publicity, Promotion, and Education: Contractor shail pay for a curbside program brochure for distribution to all certified RDUs. City and Contractor staff will develop the brochure. The Contractor will provide and pay for 10,000 copies of the brochure. The City will be responsible for the cost of mailing the brochure to all certified RDU's 5. Weighing of Loads and Reporting Rec;uirements: Contractor will keep accurate records consisting of an approved weight slip with the date, time, collection route, driver's name, vehicle number, tare weight, gross weight, net weight, and number of recycling stops for each loaded vehicle. Collection vehicles will be weighed empty before collection to obtain a tare weight and weighed after completion of a route or at the end of the day, whichever occurs first. An original of each weight ticket shall be included as part of the billing sent to (9) 5.10 City of Fridley specifications for Comprehensive Recyclinq Services to all Residential Sinqle Family Households and Multi-Unit Households Up to and Includinq Twelve Units the City each month. Contractor will also include a monthly report on total number of stops, total tons collected, a fair estimate of the percentage of the total that each material type represents, and the markets generally used for the sale of recyclables with the Contractor's monthly billing. 6. RecX�?n_g Gonta�ners: The City will provide containers to all Curbside RDUs, 1-4 unit buildings. The C�ntractor shall provide 90 gallon containers for all MDUs, 5-12 unit buildings to be placed in centralized locations that are clearly marked for which of the "Acceptable Materials", it would be appropriate to place in that container, and in sufficient quantity to adequately contain the materials for two weeks. The Contractor shall also provide containers to any additional MDUs certified for service by the City. a. �urbside conta?ners shall be required to be placed at the curbside by owner or tenant by 7:00 a.m. on the designated collection day. No container shall be left at the curbside for longer than 24 hours after collection. b, Multi-Unit Containers shall not be located inside the building but shall be located inside/adjacent to waste dumpster enclosures at all certified multi-unit collection sites. Al1 multi-unit recycling collection containers shall be clearly marked with the materials accepted and materials preparation requirements. Alternate container locations, not located inside the building, may be designated by the individual building owner or manager. 7. Ownership: Ownership of the recyclables shall remain with the person placing them for collection until Contractor's personnel physically touches the recyclables for collection, at which time ownership shall transfer to Contractor. 8. Acceptable Rec�clables: means newsprint and inserts, unsorted glass (food and beverage containers), unsorted aluminum, steel, bi-metal, and "tin" cans (food and beverage containers), corrugated cardboard, mixed mail including magazines, and other materials as mutually agreed upon between the City and Contractor. (10) 5.11 City of Fridley specifications for Comprehensive Recycling Services to all Residential Sinqle Family Households and Multi-Unit Households Up to and Includinq Twelve Units 9. Preparation: Contractor shall collect recyclables which have been prepared in the following manner: Curbside (includes Municipal Center and six Public Schools) residents shall prepare recyclable materials as follows: Newsprint will be placed in paper kraft bags or securely tied and bundled. Glass Food and Beverage Containers will be rinsed clean. The glass will be separated from the other items and placed in a paper bag, box, or recycling container. - Metal Food and Beverage Containers will be rinsed clean and kept separated from the other items and placed in a paper bag, box, or recycling container. Mixed Mail and Mag�zines will be separated from other items and placed in a paper bag, box, or recycling container. �Qrrugated Cardboard will be broken down flat into bundles no larger than 3 feet by 3 feet. No cardboard that is wax or plastic coated or contaminated by food or grease shall be accepted. Preparation standards for other materials will be determined by mutual written agreement between City and Contractor. b. Multi-unit residents shall prepare recyclable materials as follow: Newsprint will be placed in the container labeled "Newsprint Only." All materials which are part of the daily or Sunday newspaper are acceptable. Newsprint may be bagged, tied, or loose. Glass Food and Beverage Containers will be rinsed and placed in specially marked containers labeled "Clear Glass," "Brown Glass," and "Green Glass." Metal Food and Beverag� Containers will be rinsed and placed in specially marked containers labeled "Cans." Removal of paper labels from cans is not required but will be encouraged. (11) 5.12 city of Fridley specifications for Comprehensive Recyclinq Services to all Residential Sinqle Family Households and Multi-IInit Households IIp to and Includinq Twelve IInits MixP� Mail and Magazines will be separated from other items and placed in a paper bag, box, or recycling container. Corrugated Cardboard will be placed in specially marked containers marked "Cardboard." 10. procedLre for Unacceptable Recyclables. If Contractor determines that a resident has set out unacceptable recyclables, the driver shall use the following procedures: Curbside: a) Contractor shall leave the unacceptable recyclables and leave an "education tag" indicating acceptable materials and the proper method of preparation. b) The driver shall record the address on forms provided by the Contractor and acceptable to the City and report the addresses to the City Recycling Coordinator at the end of each week. c) The City Recycling Coordinator will undertake efforts to educate the resident or owner regarding proper materials preparation. Multi-Unit: will not be collected and a tag will be left indicated the reason the material is unacceptable. The Contractor shall notify the owner or manager of the building by phone that the material was left and the reason that the material was unacceptable. 11. Materials Dis�osit�on• Contractor shall assure that all recyclables collected in the City are not landfilled or incinerated and are distributed to appropriate markets for recycling. If any recyclables are landfilled or incinerated, Contractor shall notify the City in writing within 24 hours of the occurrence. Notification will include the types and amounts of material landfilled or incinerated and the steps being taken by the Contractor to avoid future landfill or incineration. The Contractor shall at ail times be under duty to minimize recyclables ending up in landfills or incinerators, and , in consultation with the City, find the lowest cost disposal method. (12) 5.13 city of Fridley Specifications for Comprehensive Recyclinq Services to a11 Residential Sinqle Family Households and Multi-Unit Households Up to and IncluBing Twelve Units If the Contractor determines that there is no market for a particular recyclable or that the market has become economically unfeasible, it shall immediately give written notice to the City. Said notice shall include information demonstrating the effort the Contractor has made to find market sources, and the financial information justifying the conclusion that the market is economically unfeasible. Upon receipt of said notice, the Contractor and the City shall have 30 days to attempt to find a feasible market. During this period the Contractor shall continue to pick up the particular recyclable. If the Contractor or the City is not able to find a market within 30 days, the City has the option to: 1. Require the Contractor to continue to collect the particular recyclable. In such case, the City would pay the Contractor, as additional compensation, the tipping fee at the Elk River RDF plant or a mutually agreeable alternative site. The Contractor is required to keep accurate records of said fees and provide the City receipts of payment. 2. Notify the Contractor to cease collection of the particular recyclable until a feasible market is located, either by the Contractor or by the City. If the City notifies the contractor to cease collection of a particular recyclable, the parties shall immediately meet to renegotiate the per unit fee for service. In the event that the parties disagree on the question of whether there is a market for a particular recyclable or on the economic feasibility of that market, the disagreement shall be submitted to non-binding arbitration. In this case, each party shall name an arbitrator, and the two shall select a third person to serve as chairperson of the arbitration panel. The arbitration panel shall meet and decide said question within 30 days. (13) 5.14 City of Fridley Specifications for Comprehensive Recycliaq Services to all Residential Sinqle Familp Households and Multi-IInit Households Op to and Includinq Twelve IInits • - • ! ' • 1 a. Curbside containers shall be required to be placed at the curbside by owner or tenant by 7:00 a.m. on the designated collection day. No container shall be left at the curbside for longer that 24 hours after collection. Contractor shall empty all acceptable materials from container and any acceptable materials that are placed adjacent to container, and shall replace container at curbside. b. Multi-IInit Containers shall not be located inside the building but shall be located inside/adjacent to waste dumpster enclosures at all certified multi-unit collection sites. Al1 multi-unit recycling collection containers shall be clearly marked with the materials accepted and materials preparation requirements. Alternate container locations, not located inside the building, may be designated by the individual building owner or manager. Contractor shall empty all acceptable materials from inside the containers and acceptable materials that may be set adjacent to the containers. The Contractor shall replace containers in their appropriate location. 13. Freq�ency of Col�ect�on: The City will be divided into two Collection Districts. Collection shall occur on the 1st and 3rd Fridays of each month in Area 1(north of Mississippi Street) and on the 2nd and 4th Fridays of each month in Area 2(south of Mississippi Street). 14. Collection Hours. Collection shall commence no earlier than 7:00 a.m. Contractor shall maintain sufficient equipment and personnel to assure that all collection operations are completed by 6:00 p.m. on the scheduled collection day. Residents will be required to pZace recyclables at curbside before 7:00 a.m. on the scheduled collection day. (14) 5.15 City of Fridley Specifications for Comprehensive Recyclinq Services to all Residential Sinqle Family Households and Multi-IInit xouseholds IIp to anS Includinq Twelve Units 15. Cleanup Responsibility. Contractor shall adequately clean up any material spilled or blown during the course of collection and/or hauling operations. All collection vehicles shall be equipped with at least one broom and one shovel for use in cleaning up material spillage. Contractor shall have no responsibility to remove or clean up any items which are not recyclable materials. 16. Missed Collection Policy and Procedure. Contractor shall have a duty to pick up missed collections. Contractor agrees to pick up all missed collections on the same day Contractor receives notice of a missed collection, provided notice is received by Contractor before 11:00 a.m. on a business day. With respect to all notices of a missed collection received after 11:00 a.m. on a business day, Contractor agrees to pick up that missed collection before 6:00 p.m. on the immediately following business day. Contractor shall provide staffing of a telephone equipped office to receive missed collection complaints between the hours of 7:30 a.m. and 5:00 p.m. on weekdays, except holidays. The Contractor shall have an answering machine or voice mail system activated to receive phone calls after 5:00 p.m. on weekdays and all day Saturday and Sunday. Contractor shall keep a log of all calls including the subject matter, the date and the time received, the Contractor's response and the date and time of response. This information shall be provided to the City in a monthly report. 17. Non-completion of Collection and Extension of Collection Hours. If Contractor determines that the collection of recyclables wili not be completed by 6:00 p.m. on the scheduled collection day, it shall notify the City Recycling Coordinator by 4:30 p.m. and request an extension of the collection hours. Contractor shall inform the City of the areas not completed, the reason for non-completion, and the expected time of completion. If the Recycling Coordinator cannot be reached, the Contractor will contact the first designated alternate, the Community Development Director. If the Community Development Director cannot be reached the Contractor shall contact the City Manager. (15) 5.16 City of Fridley Specifications for Comprehensive Recyclinq Services to all Residential Single Family Households and Multi-IInit Households Op to and Includinq Twelve IInits 18. Penalties. Missed ColleCtion $25.00 for each missed collection above three misses per collection day. To be assessed at the end of each collection month. A missed collection would be def ined as a report by a resident that their material was out by 7:00 a.m. and the address did not appear on the Contractor's conveyance sheet as a"Late Set Out." Throwinq Containers $50.00 for each eyewitnessed report of a driver throwing rather than placing, the curbside recycling container. Missing Entire Streets $500.00 per each incident of the contractor missing an entire street. A missed street would be defined a street where residents from at least three households on that three report that they had their material out before 7:00 a.m., the material was not picked-up, and the addresses did not appear on the Contractor's conveyance sheets as "Late Set Outs. District-wide Collection Not Completed $1,000 per incident of failure to complete collection when the Contractor has not received an extension of collection hours from the Recycling Coordinator, the Community Development Director of the City Manager. Failure to Complete a Majority (50%) of the Collection District $2,500 per incident. 19. Severe Weather. Recycling collections may be postponed due to severe weather at the sole discretion of the Contractor. "Severe weather" shall include, but shall (16) 5.17 City of Fridley Specifications for Comprehensive Recyclinq Bervices to all Residential Single Family Households and Multi-Unit Households IIp to and Includinq Twelve IInits not be limited to, those cases where the temperature at 6:00 a.m. is -20 degrees F or colder. Upon postponement, collection will be made the following business day. The contractor will be responsible for notifying the residents by radio and television announcements. The City will be responsible for notifying the residents by municipal cable. All three means of communication will be used for each severe weather postponement of recyciing collection. 20. Holidays. Holidays means any of the following: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. When the scheduled collection day falls on a holiday, an alternative collection day shall be scheduled by mutual agreement. The Contractor shall assist the City in publicizing the alternative collection day, including delivery of notices to each RDU and MDU in the affected Collection District. 21. Insurance Coverage. Contractor shall provide a certificate of insurance as proof of liability coverage or death in the amount of $600,000 for any one person and in the sum of 1,000,000 for two or more persons for the same occurrence and for damages to property in the sum of $3,000,000. The certificate of insurance shall name the City as an additional insured and state that Contractor coverage shall be the primary coverage in the event of a loss. Further, the certificate shall provide for thirty. (30) days written notice to the City before cancellation, expiration, or change of coverage. 22. Com�ensation for Services. The City agrees to pay the Contractor for recycling collection services provided to the City in the manner described in "Exhibit B." 23. Method of Pakment: Contractor shall submit itemized bills for recycling collection services provided to the City on a monthly basis. Bills submitted shall be paid in the same manner as other claims made to the City. The Contractor shall submit the monthly documentation and reports as required under paragraphs five and sixteen of these specifications, with the monthly bill. Payment to the Contractor will not be released unless the required are included in the monthly bill. (17) 5.18 City of Fridley Specifications for Comprehensive Recyclinq Services to all Residential Siaqle Family Households and Multi-IInit Households IIp to and Inclu�inq Twelve IInits 24. Audit Disclosure: The Contractor shall allow the City or its duly authorized agents reasonable access to such of the Contractor's books and records as are pertinent to all services provided under this agreement. Any reports, information, data, etc. given to, prepared, or assembled by the Contractor under a future contract shall not be made available by the Contractor to any other person or party without the City's prior written approval. Al1 finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by the Contractor shall become the property of the City upon termination of the City's contract with the Contractor. 25. Term: means the twenty-four month period from April 1, 1995, to March 31, 1997. 26. Termination: The executed Contract may be terminated by either party upon sixty (60) days written notice to the other party for cause upon the other party's breach of its duties under the executed Contract. 27. Tndependent Contractor: At all times and for all purposes, the Contractor is an independent contractor and not an employee of the City. No statement herein and in the executed Contract shall be construed so as to find the Contractor to be an employee of the City. 28. Subcontractor: The Contractor shall not enter into subcontracts for any of the services provided for under the executed Contract for the services specified herein, without the express written consent of the City, 29. Assic�nment: Neither party shall assign the executed Contract, nor any interest arising therein, without the written consent of the other party. 30. Services Not Provided For• No claim for services furnished by the Contractor not specifically provided for herein shall be honored by the City. 31. Severability: The provisions of the executed Contract are severabie. If any portion hereof and in the executed Contract is, for any reason, held by a court of competent jurisdiction, to be contrary to law, such decision shall not affect the remaining provisions of the same contract. iZ$) 5.�9 City of Fridley Specifications for Comprehensive Recyclinq Services to all Residential Sinqle Family Households and Multi-Unit Households Up to an8 Includinq Twelve IInits rules, and regulations pertaining to the provision of services to be provided hereunder. Any violation shall constitute a material breach of the executed Contract. 33. Governing Law: The executed contract shall be controlled by the laws of the State of Minnesota. 34. Equal O�,portunity: During the performance of the executed Contract, the Contractor, in compliance with Executive Order 11246, as amended by Executive Order 11375 and Department of Labor regulations 41 CFR Part 60, shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to insure that applicants for employment are qualified, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. 35. Waiver: Any waiver by either party of a breach of any provisions of the executed Contract shall not affect, in any respect, the validity of the remainder of the executed Contract. 36. Indemnification: The Contractor shall indemnify and hold harmless the City, its employees and agents, for all claims, damages, losses, and expenses, including, but not limited to, attorneys' fees, which they may suffer or for which they may be held liable as a result of the fault of the Contractor, his employees, or subcontractors in the performance of the executed Contract. 37. Workers Com�ensation - Insurance: The Contractor shall provide workers compensation insurance covering all employees of the contractor engaged in the performance of the executed Contract, in accordance with the Minnesota Workers' Compensation Law. 38. Performance and Payment Bond• The Contractor shall execute and deliver to the City a performance and payment bond with a corporate surety in the sum of $36,000. The executed Contract shall not become effective until such a bond in a form acceptable to the City has been delivered to the City and approved by the city attorney. The executed Contract shall be subject to termination by the City at any time if said bond shall be cancelled or the surety thereon relieved from liability for any reason. The term of such performance bond shall be for �19) 5.20 City of Fridley Specifications for Comprehensive Recyclinq Services to all Residential Sinqle Family Households and Multi-Dait Households Up to and Includinq Twelve IInits the life of the executed Contract. Extensions or renewals shall require the execution and delivery of a performance bond in the above amount to cover the period of extension or renewal. 39. Utilities: The Contractor shall be obligated to protect all public and private utilities whether occupying street or public or private property. If such utilities are damaged by reason of the Contractor's operations, under the executed Contract, he/she shall repair or replace same or, failing to do so promptly, the City shall cause repairs or replacements to be made and the cost of doing so shall be deducted from payment to be made to the Contractor. 40. ronf��ct of Interest: Contractor agrees that no member, officer, or employee of the City shall have any interest, direct or indirect, in the executed Contract or the proceeds thereof. Violation of this provision. shall cause the executed to be null and void and the Contractor will forfeit any payments to be made under the executed Contract. 41. Entire Contract: The executed Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of the executed Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 42. Contract Conditions• a. The City reserves the right to waiver minor irregularities in the proposal documents and to reject any or all proposals. The City reserves the right to enter into a contract with a contractor who does not submit the lowest proposal. b. The Contractor shall be required to execute the City's Contract and to fulfill the requirements contained within it. The bond and certificate of insurance shall be provided when the Contract is executed. (20) 5.21 City of Fridley Specifications for Comprehensive Recyclinq 8ervices to all Residential Sinqle Family Households and Multi-Unit Households Up to and Includinq Twelve Units c. No proposal can be withdrawn before 45 days after the date for submission of proposals. d. The City reserves the right to execute contracts with different contractors for each component of the comprehensive recycling collection service. ' (21) 5.22 i _ � Community Development Department PLANNING DIVISION City of Fridley DATE: January 5, 1995 TO: William Burns, City Manager �� FROM: Barbara Dacy, Community Development Director SUBJECT: Resolution Calling for a Public Hearing on Modifying the Redevelopment Plan and Creating Tax Increment Financing District No. 13 At the joint City Council and HRA meeting on December 5, 1994, the City Council and HRA directed staff to prepare the necessary documents to create a new tax increment financing district in order to expand the project area for the Southwest Quadrant. The expanded project area encompasses an additional four acres along Satellite Lane. Four apartment buildings exist in the additional area. Prior to creating a tax increment financing district, State law requires that a public hearing be conducted by the City Council. RECOMMENDATION Staff recommends that the City Council approve the attached resolution calling for a public hearing on Monday, February 13, 1995 to modify Redevelopment Project Area No. l, the modification of Tax Increment Financing Districts No. 1 through No. 12, and the creation of Tax Increment Financing No. 13. BD/dw M-95-10 6.01 RESOLIITION NO. - 1995 RESOLUTION CALLING FOR A PIIBLIC BEARING ON THE MODIFICATION OF TiiE REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT NO. 1 TO REFLECT INCREASED GEOGRAPHIC AREA AND INCREASED PROJECT COSTS, THE MODIFICATION OF THE TAX INCREMENT FINANCING PLANS FOR TA8 INCREMENT FINANCING DISTRICTS NO. 1 THROIIGH NO. 12 TO REFLECT INCREASED PROJECT COSTS WITHIN REDEVELOPMENT PROJECT NO. 1 AND THE ESTABLISHMENT OF PROPOSED TA% INCREME?�1�' FINANCING DISTRICT NO. 13 AND THE APPROVAL AND ADOPTION OF TSE PROPOSED TAX INCREMENT FINANCING PLAN RELATING THERETO BE IT RESOLVED by the City Council (the "Council") of the City of Fridley, Minnesota (the °City"), as follows: Section l. Public Hearina. 1.01. This Council shall meet on Monday, February 13, 1995 commencing at 7:30 o'clock p.m. at the Fridley Municipal Center, 6431 University Avenue N.E., to hold a public hearing on the following matters: (a) the modification of the Modified Redevelopment Plan for Redevelopment Project No. 1 to reflect increased geographic area and increased project costs, pursuant to and in accordance with Minnesota Statutes, Sections 469.001 to 469.047, inclusive, as amended and supplemented from time to time; (b) the modification of the Modified Tax Increment Financing Plans for Tax Increment Financing Districts No. 1 through No. 12 to reflect increased project costs within Redevelopment Project No. l, pursuant to Minnesota Statutes, Section 469.174 through 469.179, inclusive, as amended and supplemented from time to time; and (c) the establishment of proposed Tax Increment Financing District No. 13 and the approval and adoption of the proposed Tax Increment Financing Plan relating thereto pursuant to and in accordance with Minnesota Statutes, Section 469.174 to 469.179, inclusive, as amended and supplemented from time to time. Section 2. Notice of Hearing; Filing of Plans. 2.01. The City Clerk is authorized and directed to cause notice of the public hearing, substantially in the form attached hereto as Exhibit A, to be published as required by law, to place a copy of the Modified Redevelopment Plan, the Modified Tax Increment Financing Plans, and the proposed Tax Increment s.�2 Page 2 - Resolution No. Financing Plan (collectively the "Plans") on file in the City Clerk's office and to make such Plans available for inspection by the public. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1995. ATTEST: WILLIAM J. NEE - MAYOR WILLIAM A. CHAMPA - CITY CLERK 6.03 SOUTHWEST QUADRAI�T PROPOSED TIF #13 , �Y % 4 CORNER Q Q �EC�/4 Q � � �, - Q %'� J �U . : , .- .- -. = .- N. J Q �� i.Y /�- f /� 3L � ` . r , � �; z „ O � < - ,�b° � J � ' ° � � �� . �< SYLVAN � LANE , �. � ------� � . �, so�.....-�-- � � � . �� J� ; - - Q �' . . � '1 . ". • 1 � � � � �' o� . �, _ � i ' :, v � -�,, �� i /' : ; � : ,1 , -., _ - _ ' � . . `I ` I '_n'�.: _ ' '� I -n`,7 ��C��Y .� DRIVE , ' .�� . :, j - . , r, . _ 1) '; �., i _'� �q� .� :, : « x . � ! ; I � M)', . r�1>j I _ I �` � ` /F�� '' `' : :> >: I � (�� ;,) , �.Ni �Ad� , _ � �' . - - y � _ - . �,R°� .. , � .� � 612 334 3382 �12-334—��2 CASSERLY MOLZ�HN �a5 F'H� DEC 22'94 16:11 GHRONOLOGY FOR MODIk'ICATION E)F REQLrVELOFMENT PR0�7ECT # 1 MpUIFICATION OF T�F DISTRICTS #1 - #12 ` CRF.ATION OF TIL7 DISTRXCT i�13 Lriday, December 3Q, 1994; Letter deli�rered to Anoka County Commissioner {30 day�s prior to publication date} 1Konday, January 9, 1995: City Council Meeting: Call for publ.ic hearing �'riday, January 13, 1995: TIF Plan (including financiai/ economic impaet stat�ment) del`ivered to Anoka County and the School. District {30 days prior ta pub�ic hearing) Wednesda.y, Janu�ry 18, 1955: P�.anr�ing Comm�.ssion Meeting: : review and recammendation on expansion of Redev+elopment Praject #1 to include TIF District #13 Wednesday, January 25, 1995: Natice of public hearing delivered to newspaper Tu�sday, January 39, 1995 & Notice of public hearing published Tuesday, ��bruary 7, 1995: in the City's official newspaper (first publication not less than 14 days nor more than 30 days prior to pubiic heari.ng) Thursday, February 9, �995: HRA Meeting: review, approval and adaption of �he proposed madifica�ions tv Redevelopmen� Project #1 and TTF Districts #rt �- #12, and the cre�tion af Ti�' Distric� #13 Monday, February 13, 1995: Publi.c Hearing: Gity Council review of praposed modifications to Redevelopment Project #'1 TIF Districts #i - #12, and the creation of TIF District #73 Nianday, February 'i 3, 1995 or Monday, February 27, 1995 City Council Meeting: Ci�Y Council approval and adoption of proposed modifications td Redevelopment Project #1 and T�F Districts #1 - #12, and the crea�ion of. TIF District #�3 6.05 r � � I DATE: TO: Community Development Department PLANNING DIVISION January 5, 1995 William Burns, City of Fridley City Manager ','� � FROM: Barbara Dacy, Community Development Director Grant Fernelius, Housing Coordinator SUBJECT: Call for Public Hearing on 1995 CDBG Program As part of the process to receive funding under the 1995 Anoka County Community Development Block Grant program, the City Council needs to conduct a public hearing. --In order to provide sufficient time to prepare the application, 'the hearing should be held on January 23, 1995. Formal action approving the �se of funds would occur at the February 13, 1995 City Council meeting. We should also point out that the Planning Commission and Human Resource Commission will review the 1995 CDBG program at their January 18th and January 5th meetings, respectively. Based on previous experience, it is our understanding that housing rehabilitation and human services are the funding priorities. Because final budget figures are not available from HUD at this time, Anoka County has told us to use the 1994 budget ($134,400) as a guide. Recommendation Staff recommends that the City Council establish a public hearing for Monday, January 23, 1995 to receive comments on the 1995 Community Development Block Grant program. GF/ M-95-4 C:\WP\CDBG\MEMOTOCC.CPH 7.01 Notice is hereby given Fridley City Council at University Avenue N.E. for the purpose ofs PUBLIC HEARING BEFORE THE CITY COUNCIL that there will be a public hearing the Fridley Municipal Center, 6431 on Monday, January 23, 1995 at 7:30 Consideration of the City of Fridley�s 1995 Community Development Block Grant fund request to Anoka County in the approximate amount of $134,400 for housing rehabilitation, human services, and senior outreach programs. of the p.m. Hearing impaired persons planning ta attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than January 16, 1995. Any and all persons desiring to be heard opportunity at the above stated time and related to this item may be referred to Development Department at 572-3592. Publish: January 10, 1995 January 17, 1995 7.�2 shall be given an place. Any questions the Fridley Community WILLIAM J. NEE MAYOR r � � J Community Development Department PLANNING DIVISION City of Fridley DATE: January 5, 1995 TO: William Burns, City Manager �� FROM: SUBJECT: Barbara Dacy, Community Development Director Rotary Representative to Citizen Advisory Committee for Clean-Up Week, 1995 The Rotary Club has recommended the following persons to be the primary representative and alternate to the Citizen Adviso�y Committee: � Marla Stratton Unity Hospital 550 Osborne Road N.E. Fridley, MN 55432 Jeanne Olson (Alternate) Time to Travel 203 Mississippi Street N.E. Fridley, MN 55432 RECOMMENDATION Staff recommends that the City Council approve the suggested representative and alternate from the Rotary Club. BD/dw M-95-3 8.01 CITIZEN ADVISORY COMMITTEE FOR CLEAN-UP WEEK, 1995 MEMBERB Orqanization Environmental Quality & Energy Comm. Parks and Recreation Commission Kiwanis Club Lions Club Rotary Club Neighborhood Crime Watch Program Chamber of Commerce School District 8.�2 Member Dean Saba 6325 Van Buren Street NE Fridley, MN 55432 Jack Velin (Alternate) 5105 Horizon Drive NE Fridley, MN 55421 Susan Price 7449 Melody Drive NE Fridley, MN 55432 Mary Bowen 5181 St. Moritz Drive NE Fridley, MN 55421 Clem Coverston (Aiternate) 1424 Creek Park Lane NE Fridley, MN 55432 Scott Lund 6521 Central Avenue NE Fridley, MN 55432 Marla Stratton Unity Hospital 550 Osborne Road N.E. Fridley, MN 55432 Jeanne Olson (Alternate) Time to Travel 203 Mississippi St N.E. Fridley, MN 55432 Melvin Bolin 5460 Horizon Drive NE Fridley, MN 55432 Marvin Piatt 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, MN 55432 En9�neering Sewer Wa1er Parks Slreets Maintenance �I I�; �I��I'� �� \ Ii>l � �I TO: William W. Burns, City Manager �r�1� PW95-003 FROM: John G. F1ora,�Public Works Director ;�� Jon Thompson, Estimator & Construction Inspector DATE: December 28, 1994 SUBJECT: Supervisory Control and Data Acquisition System (SCADA), Project No. 259 Attached is a no cost change order for the Supervisory Control and Data Acquisition System (SCADA), Project No. 259. As shown on the narrative sheet, the contractor agrees to furnish two Bailey pneumatic valve positioners and all appurtenances at the Locke Lake water treatment plan and add a third year to the project warrantee. The City then agrees to extend the completion date on the project to November 3, 1994. Recommend Council approve Change Order No. 1 and the final estimate for the Supervisory Control and Data Acquisition System (SCADA) Project No. 259. JGF:cz Attachment 9.01 L� 'Lt.'� CHANGE ORDER No. 1 - Final PROJECT: Supervisory Control and Data DATE OF ISSUANCE: December 27, 1994 Acquisition System OWNER: City of Fridley (Name, 6431 University Avenue NE Address) Fridley, MN 555432 OWNER's Project No. 259 CONTRACTOR: Automatic Systems Co.,Inc. P.O. Box 120359 ENGINEER: St. Paul, MN 55112 MSA, Consulting Engineers 1326 Energy Park Drive CONTRACT FOR: Supervisory Control and St. Paul, MN 55108 Data Acquisition System ENGINEER's Project No. 685-004-30 You are directed to make the following changes in the Contract Documents. Description: See attached 1-page narrative. Purpose of Change Order: To extend the project completion date, add 2 Bailey Valve Positioners, and to extend the warranty period by one year. Attachmentis: (List documents supporting change) CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIME• original Contract Price original Contract Time S 376,850 June 30, 1994 - days or date Previous Change Orders No. -- to No. -- Net change from previous Change Orders $ davs Contract Price prior to this Change Order Contract Time Prior to this Change Order $ 376,850 June 30, 1994 da s or date Net Increase of this Change Order Net Increase of this Change Order $ -�- 126 days days Contract Price with all approved Change Contract Time with all approved Change Orders Orders $ 376,850 November 3, 1994 days or tlate RECOMMENDED: APPROVED � APPROVED: By`�� _ , �. -sa,� �/�-� B - , y Engineer .j Owner Cont actor EJCDC No. 1910-8-B (1983 Edition) CON 1-004 .259 9.02 NARRATIVE: CHANGE ORDER NO. 1 DATE: DECEMBER 27, 1994 OWNER: CITY OF FRIDLEY CONTRACTOR: AUTOMATIC SYSTEMS CO., INC. PROJECT: SUPERVISORY CONTROL AND DATA ACQUISITION SYSTEM The Owner agrees to extend the project completion date to November 3, 1994, in exchange :or the Contractor providing the following at no cost to the Owner: 1. Two (2) Bailey Pneumatic Valve Positioners at the Locke Park water treatment plant. including all necessary materials, labor, equipment, and inciden�,als. 2. A one-year warranty extension for this project. The warranty period shall be increas�� to three (3) years. This is a no-cost change order. coqi-ooa.2�9 9.03 TO: CITY OF FRIDLEY M E M O R A N D Q M l' WILLIAM W. BURNS, CITY MANAGER �� FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR �'P WILLIAM A. CHAMPA, CITY CLF,RR SUBJECT: DATE: MINNESOTA LAWFIIL GAMBLING PREMISE PERMIT APPLICATION FOR TOTINO-GRACE HIGH SCHOOL JANIIARY 4, 1995 Attached is a resolution approving the application for a Minnesota Lawful Gambling Premise Permit for Totino-Grace High School at Maple Lanes Restaurant, 6310 Highway 65 Northeast. The lease would begin April 1, 1995 and continue through March 31, 1997. Minnesota State Statutes requires the adoption of a resolution approving or denying this type of gambling permit. �0.�� RESOLUTION N0. - 1995 RESOLUTION IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT TO TOTINO-GRACE HIGH SCHOOL WHEREAS, the City of Fridley has been served with a copy of a Renewal Application for a Minnesota Lawful Gambling Premise Permit for Totino-Grace High School; and WHEREAS, the location of the Premise Permit is for Maple Lanes Restaurant, 6310 Highway 65 Northeast; and WHEREAS, the City of Fridley has not found any reason to restrict the location for the charitable gambling operation. NOW, THEREFORE, BE IT RESOLVED, that the City Council of.the City of Fridley approves the Minnesota Lawful Gambling Premise Permit to Totino-Grace High School. PASSED AND AIIOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1995. ATTEST: WILLIAM A. CHAMPA - CITY CLERK 10.02 WILLIAM J. NEE - MAYOR CITY OF FRIDLEY M E M O R A N D II M TO: WILLIAM N. BURNS, CITY MANAGER ��r FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR � WILLIAM A. CHAMPA� CITY CLERR SUBJECT: MINNESOTA LAWFUL GAMBLING PR�MISE PERMIT APPLICATION FOR TOTINO-GRACE HIGH SCHOOL DATE: JANUARY 4, 1995 Attached is a resolution approving the application for a Minnesota Lawful Gambling Premise Permit for Totino-Grace High School at Sharx Sports Bar/Sharx Club, 3720 East River Road. The Zease would begin April 1, 1995 and continue through March 31, 1997. Minnesota State Statutes requires the adoption of a resolution approving or denying this type of gambling permit. 11.01 RESOLUTION N0. - 1995 RESOLUTION IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT TO TOTINO-GRACE HIGH SCHOOL WHEREAS, the City of Fridley has been served with a copy of a Renewal Application for a Minnesota Lawful Gambling Premise Permit for Totino-Grace High School; and WHEREAS, the location of the Premise Permit is for Sharx Club, 3720 East River Road; and WHEREAS, the City of Fridley has not found any reason to restrict the location for the charitable gambling operation. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley approves the Minnesota Lawful Gambling Premise Permit to Totino-Grace High School. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1995. ATTEST: WILLIAM A. CHAMPA - CITY CLERK 11.02 WILLIAM J. NEE - MAYOR TO: WILLIAM W. BURNS, CITY MANAGER �� FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR t�C SUBJECT: RESOLUTION DESIGNATING OFFICIAL DEPOSITORIES DATE: January 4, 1995 Attached is a resoluNon that will appoint Fridley State Bank and its successors as the City's official depository for 1995. We are incurring little cost for the senrice we are provided by Fridley State Bank. At this time it does not seem to be beneficial to solicit for banking services, since our options are limited within the City. We only have two banking institutions that would qualify and we currently engage the services of one. The service we receive is very good; Fridley State Bank has been responsive to our requests for information throughout the years. In using Fridley State Bank we are able to invest idle cash on a daily 6asis with minimum cost to the City. We are able to determine daily needs and invest the balance in a daily repurchase agreement with Shearson Lehman, Inc. If we were to change the provider for the banking services we would need to change the method in which we invest idle funds and the ease in which we make deposits. RDP/me Attachment 12.01 RESOLUTIOTI I�U. - 1995 -• •� � r, r• � • �5 •iti • ��: • • �- M • ' • I� I, Richard D. Pribyl, do hexeby aertify that I am Finanoe Director�I`reasurex of the City of Fridley, a corporation on�anized under the laws of the State of Minnesota. I fuither certify that at a meeting of said corporation duly and properly called aryd held on the day of January, 1995, the follauing resolution was passed; tilat a quonun was present at said meeting; and that said resolution is set forth in the minutes of ineeting and has not bee.n rescinded or �r�dified. IT IS �Y RESOLUED, that the Fridley State Bank and its successors are hereby designated as a depository for the funds of this corporation. IT IS � RESOLUED, that rhecks, drafts or other withdrawal, on�ers i.ssued against the funds of this corporation on deposit with said bank shall be signed by two of the follawirig: Richa� D. Pribyl, Finance Director�I`reasurer William W. Burns, City Manager Howard D. Koolirat, Assistant Finance Direc.�tor and that said bank is hereby fully authorized to pay and chazr�e to the acxount of this corporation any checks, drafts, or other withdrawal on�i�ers. BE IT FU� RESOLUED, that the Fridley State Bank and its succe.ssors as a designated depositary of the corporation is hereby requested, authorized and directed to honor checks, drafts or other on3ers for the payment of money drawn in this corporation's n�ne, including those drawn to the individual on�er of any person or persons whose name or names appear thereon as signer or signers thereof, when bearirig or purporting to bear the facsimile signatures of two of the followirig: Richard D. Pribyl, Finance Director-fireasurer William W. Burns, City Manager Haward D. Koolick, Assistant Finanoe birector and the �Yidley State Bank and its successors shall be entitled to honor and to charge this corporation for all such checks, drafts or other orders, regazdless of by whom or by what means the facsimile signature or signatures thereon may have been affixed thereto, if such facsimile signature or signatures resemble the facsimile specimex�s duly certified to or filed with the FYidley State Bank and its sucxessors by the City Clerk or other officer of his corporation. SE IT FUKI'f�R RE50LUED, that any and all; resolutions heretofore adopted by the City Council of the corporation and certified to as gc�verni.ng the operation of this corporation's account(s) with it, be aryd are hereby continued in full force and effect, except as the same may be supplemented or modified by the foregoing part of this resolution. 12.02 Page 2-- Resolution No. - 1995 BE iT FUF�Ii�2 RESOLUID, that all trar�sactions, if ar�y relating to deposits, withdrawals, re-disoaunts ar�d borr�cairigs by or oa� behalf of this corporation with said bank prior to the adoption of this resolutio� be, and the saxne hereby are, in all things ratified, apprwed arid o�nfirn�ad. 8E IT FU17��R i�OLUID, that ariy bank or savings arxi loan may be used as depositories for ixYVestrnents purposes so loryg as the irYVestments oc�mply with authorized irivestrnents as set forth in Minnesota Statutes. BE IT F�iF�t RESOLi�ED, that the signatures of tw� of the follawing riamed City emplayees are required for withdrawal of City irYVes�mertt funds f�cen savings and loan associations: Richal�d D. Pribyl, Finance Director-�asurer William W. Burns, City Manager Haward D. Koolirac, Assistant Finanoe Director BE IT FU�R RFSOLUED, that any brokerage firm may be used as a vendor for � investme.nt purposes so long as the investm�nts va�ly with the authorized isrvestments as set forth in Minnesota Statutes. I further cextify that the Council of this oozporation has, and at the time of adoption of said resolution had, fuli pawer aryd lawful authority to adopt the foregoing re.solutions and to confer the paweYS therein granted to the persons named who have full pawer ancl lawful authority to exerci.se the same. PASSID AND ADOFI'ED BY THE CI'PY OOUNCIL OF 'II� CITY OF FRIDLEY Tf-IIS I.aAAY OF , 1995. A'I'I'F�ST: WILLIANI A. (��A, CI'1'�C C7�2IC 12.03 WILISAM J. NEE, MAYOR TO: WILLIAM W. BURNS, CITY MANAGER �"" FROM: RICHARD D. PRIBYL, FINANCE DIRECTORI� SUBJECT: DESIGNATING AN OFFICIAL NEWSPAPER FOR THE YEAR 1995 DATE: January 4, 1995 Attached is a resolution designating the Fridley Focus News as the official legal newspaper for the City of Fridley for the year 1995. The Minneapolis Star Tribune is designated as the City of Fridley's second official newspaper for the year 1995. RDP/me Attachment 13.01 RF.SOLUTION 1�U. - 1995 RESOI,UTION DESIC�iTING AN OFFICIAL NEWSPAPER FOR THE YEAR 1995 W�i�2EA5, the C�arter of the City of FYidley requires in Section 12.O1 thereof that the City Council annually designate an official newspaper for the City. NOW, THg2EFORE, SE IT RESOLUED that the Foc�a.s N�ws is designated the official legal newspaper for the City of Fridley for the year 1995 for all publications required to be published therein. BE IT FU1�I�R RESOLUED that the Minneapolis Star and Tribune be designated as the City of Fridley's second official newspaper for the year 1995. PASSED AND ADOFT`ED BY THE CITY OOiJNCIL OF THE CITY OF FRIDIEY THIS LIAY OF , 1995. A'ITEST: WiLZ.IAM A. t��AMPA, CITY C7�2K 13.02 WILLIAM J. NEE, MAYOR TO: FROM: DATE: SUBJECT: Wiiliam W. Burns, �z9ineenng Sewer Water Parks SUeets Mainlenance City Manager �1 `. fi John G. Flora�, Public Works Director Jar�uary 9, 1995 Load Limit Designation PW95-002 Attached is a resolution establishing the spring load limits for the City Streets. Annuaiiy we receive Council's approval to publish the load limits. This allows us to place the notice in the newspaper at an appropriate time based upon the spring thaw. Load limits stay in effect until the County informs us of them raising the limits on the County roads. In order to facilitate the notification process, recommend the City Councii approve the attached load limit resolution for 1995. JGF:cz Attachment 14.01 L� r�'�..'-, �� ItE90LUTIaLJ 1�U. - 1995 ;• i •; � �••: � ••� � � .: •i: -,:�- ,� :� e�:i^►� �: � �:i' N •' ' n �� i i:,� • v BE IT RE�OLVID by the City C�uicil of the City of �idley as follc�ws: A. 'It�at p�ursuant to C%apter 503, City Code of Fridley, Mi.nnesota, 1978 that c�rnn�xicing on the 14th day of Mamh, 1995, and oontinuirig until the 18th d,ay of May, 1995, unless sooner tarminated or there.after continued, no vehicle shall be driven or operated upon any street or public highway in the City under jurisdiction of the City where the weight of such vehicle exc�eeds: 4 TOQd PIIt ARLE B. 'IY�e abave x�s-tricti� shall not apply with respect to the follawirig named streets or public hic�ways, to-wit: �4�_�!_ Ashton Avenue Ashton Avenue Able Street Alley East of Beech Street Arthur Street Arthur Stxeet Baker 5treet Bee�h Street Benjamin Street Berne Road Sridgewater Drive Brookview Drive Ca�melot Lane Carrie Iane Cheri Iane Connnerc;e Circle East Gairnn�erce Circle South Cammerce Circle West C'onm�erce Irane East Danube Road East Moore Lake Drive East River Rd. Serv. Dr. East River Rd. Serv. Dr. Elm Street Fillmore Street Fireside I7rive Gardena Avenue Glacier Iane Hathaway Lane Hillwind Road Hickory Street Hickory Street Industrial Bouleva�l Jackson Street RerrY Lane Kristin Court Lake Fointe Drive Lynde Drive �� 52nd Avenue 79th Avenue West 1�Ioore Lake Drive 78th Avernie Camelot Iane North Uanube Road 73n�i Ave.nue 77th Avenue Gat�lena Avenue Windemere Drive Entire Iength Mississi�i Street Squire Drive Quinc,y Street 53rd Ave.nue 73rd Avernie Cce�m�eroe circle East C�x�ae Circle South 73rd Avenue Mattexhorn Drive T.H. #65 51st Way 57th Way 77th Ave,nue 53rd Avernze T.H. #65 Central Avexiue ex u Matterhorn Drive Hacl�tiann Matterhorn Drive 81st Avenue 78th Avenue 51st Way Carrie Lane Ben More Drive Stinson Boulevazd 7th St'.r�t Hillwin�l Road 14.0 2 _�� Industrial Blvd. Ironton Street Mississippi Street 79th Ave.nue 64th Avenue 400 feet north Osborne Raad 81st Avenue Rice Creek Road East End Ric� Creek Terrace �-t-hur Street Jack.son Str�et Fillmore Street C�amneroe Circle South Oo�roe Circle West 73�1 Avenue Osborne Road N. Inn.s�bruck Dr. Central Avenue N. to Cul--de-Sac N. of 57th Way 79th Avernze Cheri Iane Central Avernze East C].ty Limits St. Moritz Drive 430 Feet East Regis Central Avenue 600 feet north 79th Avenue Ashton Avenue 58th Avenue Rice Cree.k Road through cul-de-sac Drive West Moore I�ake Drive Folk Street Re.solution No. - 1995 Page 'Itao 7�4; a�� N1r1111 .St,Y�2t Main Street Matterhorn Drive Monroe Street North Danube R�oad North Innsbruck Drive Osborne Way Polk Street Quincy Street Rainer Pass Ranchers Road Regis Drive Ragis I�arte arie Rice Creelc Rpad Rioe CYeek Te.rr'aoe Riverwood Drive St. Imier Drive St. Moritz Drive Stinson Baulevan�i Squire Drive Trollhagen Drive West Danube Road West Moore Lak,e Drive Wli1C�P1ri2r'2 I%1V@ 3rd Street 5th Str�et 7th Street 7th Street T.H. #47 E. Serv. Dr. T.H. #47 E. Serv. 1?r. T.H. #47 E. Sexv. Dr. T.H. #47 W. Serv. Dr- T.H. #47 W. Serv. Dr. 51st Way 53n�i Avenue 53n� Avernze 57th Avernze 58th Avenue 61st Avenue 63�1 Avenue 64th Avernxe T.H. #65 E. Serv. Dr. T.H. #65 E. Sezv. Dr, T.H. #65 W. Serv. Dr. T.H. #65 W. Sexv. Dr. 67th Avernze 69th Ave.nue 71st Avenue 71z Way 72nd Avenue 73�1 Avern�e �7.�;y1 Osborne Rr�ad 44th Avenue I-694 Crossing 63rd Avenue West Uanube Rpad Matt.erhorn Drive East River R�oad Haclflnann Avern�e 57th Ave.nue Glacier Iane 77th Avenue Iiathaway Iane R�agis Drive Central Avenue 68th Avernze 71st Avenue Berne Rc�ad Trollhagen Drive Osborne Road Rice Creek Road Matterhorn Drive North Uanube Road T.H. #65 (N.Moore I,ak,e) `I`Y'Ol�'13(�271 DY'1V@ 49th Averrue 61st Avenue M3dison Street 53�i Avenue 53n� Avenue 400 LF So 57th Avenue 69th Avenue 73Yd Avernze Mississippi Stre�t E. River Rpad Main St�et Matterhorn Drive T.H. #47 Jackson Street Starlite Blvd. T.H. #47 Art'hur Street Osborne Road 63rd Avenue Osborne Road 73rd Avenue Monroe Street Central Avenue T.H. #47 200' west of Alden Cr T.H. #65 Ca�zmierce Iane 14.03 �� 83rd Avernze 61st Avenue GaYdena Avernie Ric�e Cree.J� Z�exz'ace N. Innsbruc]c Drive East City Limits 75th Way Lynde Drive Carrie Iane Sauth City Limits 81st Aveinxe RQgis Iar�e Matterhorn Drive East City Limits Srookview Drive 71� Avernxe Sa�uth City Limits South City Limits 73rd Avenue C�melot Iane St. Imiex Drive Sauth Cul�ie-sac T.H. #65 (S.�oore `I'1ro11tiagEE'ri Dr1V@ 53rd Avernie Mississippi Street 900 feet south 67th Avenue N. Approx. 500' Mi�cissippi Street 73�1 Avenue 85th Avenue S. ApproX. 800' Ir�dustrial Blvd. T.H. #65 E Approx Fillmore Street Quincy Str�eet TakP) 300 ft West Moore Iake Drive West Moore Lake Drive Monl�oe Street Old Central Avenue Fireside Drive Sotlth End South 800' Sauth E�rd Jefferson St�reet East City Limits City Garage to cul�%-sac Central Avenue Central Avernie Fte_solution No. - 1995 �ge � � �I4C �yi ,�Ci�� l� 76th Way Alden Way East to cul-de-sac 77th Avenue East River R�oad Ranahers Road 78th Avernxe E. BurlirigtQn No. �/W Main Street 79th Avenue E. Burlington No. R/W T.H. #47 81st Avenue Hick,�ry Street T.H. #47 83rd Avenue Main Street T.H. #47 and the weight limit with respect to such streets aryd highways is: 9 Z�T PER AIQ,E C. Notioe of these restrictions shall be published with respect to each of s�u�h streets ar�d hic�Yways and when so publist�ed, the restrictions shall be in full foroe ar�d effect; all as prwicled thereof, under C��apter 503, City Code of Fridley, Minnesota, 1978. D. A vd�icle in e.�o�s.s of su,�i liunits may be c�erated or driven upon a street or published highway in the City witha�t violati� of law when the same is done �r Speci.al �xmit thereof is.sued in aoao�e with the pravisions of Mu�n��ota Statut�es Sec. 169.87 which are adapt;ed and made a part hereof by reference the same as if fully incorporated herein. E. 'Ihat sc��ool bus c�perat�ors are given special permit to proceed with normal operation on their regularly established routes and at regularly established i�s, said pennits to be issued by the Public Works Director. PA3SED AND ADOPTED BY � CITY QOLAaCIL OF 7� CITY OF FRIDLEY Tf�B 9ZH �AY OF JANC�RY, 1995. _ � �� WILLIAM A. Q�MPA, CITY CI�ZK WILT�AM J. NEE, MAYOR 14.04 � x y. b ,' � °>:; a�, > �..,; RESOLUTION N0. - 1995 RESOLUTION DESIGNATING DIRECTOR AND ALTERNATE DIRECTOR TO SUBURBAN RATE AUTHORITY BE IT RESOLVED by the City Council of the City of Fridley, Minnesota as follows: WHEREAS, the Public Works Director, is hereby designated to serve as a Director of the Suburban Rate Authority, and the Assistant Public Works Director is hereby designated to serve as Alternate Director of the Suburban Rate Authority for the year 1995 and until their successors are appointed. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1995. ATTEST: WILLIAM A. CHAMPA, CITY CLERK . 15.01 WILLIAM J. NEE, MAYOR 16.01 � � �` FOR CONCURRENCE BY THE CITY COUNCTL �' ` CINOF FRIDLEY January 9, 1995 T_vpe Of License: B� Approved By: AUCTIONEER'S Jim Lupients Bargain Lot Jim Lupient David Sa7lman 7810 University Ave. N.E. Public Safety Director LICENSES Fees: $3J.00 Fridley, f�IN 55432 GAMBLING Sharx Night Club Diane Wright David Saliman $300.00 3720 E. River Rd. Public Safety Director Fridley, MN 55421 18.01 � � FOR CONCURRENCE BY THE CITY COUNCIL GENERAL CONTRACTOR-COMMERCIAL Aqua City' Plumbing Inc . 5428 Nicollet Ave S Minneapolis MN 55419 Henry Vogelgesgang Associate Construcdon Inc � 2855 Glacier Ln Plymouth MN 55447 Mark Dougoskie HRDC Construction 2612 1 Ave S Minneapotis MN 55408 Wayne Payne Minnesota Remodeiers Inc 381 W 60 St Minneapolis MN 55419 Morton Buildings Inc (48b2) 410 Hwy 10 PO Box 295 Clear Lake MN 55319-0295 Bradley Langerman Bob Schwalboski New View Remodeling , 16116 Enchanted Dr N Andover MN 55304 Todd Blair (�FNERA,L CONTRACTOR-RESIDENTIAL Builders Management Services Inc (8194) 11499 Nartin St NW Coon Rapids MN 55433 Kermit Gilyard PLUMBING St Paul Plumbin� & Heating 640 Grand Avenue St Paul MN 55105 David Smith Sunderland Plnmbing 24380 Riverbank Ln Isanti MN 5504U Tony Sunderland 18.02 LICENSE8 JOHN PALACIO Chief Bldg Ofcl Same Same Same Same Same STATE OF MIN STATE OF MINN Same CITY OF FRIDLEY PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION 6431 University Avenue N.E. Fridley, Minnesota 55432 Honorable Mayor and City Council City of Fridiey c/o William W. Burns, City Manager 6431 University Avenue N.E. �- Fridley, MN 55432 � Council Members: January 9, 1995 CERTIFICATE OF THE ENGINEER We hereby submit the Final Estimate for Supervisory Contro! and Data Acquisition System (SCADA) Project No. 259, for Automated Systems Company, Inc., P O Box 120359, St Paul, MN 55112. We have viewed the work under contract for the construction of Supervisory Control and Data Acquisition System, Project No.259 and find that the same is substantially complete in accordance with the contract documents. I �ecommend that final payment be made upon acceptance of the work by your Honorable Body and that the three year contractual maintenance bond commence on November 3, 1994. Respectfully submitted, � ; , j /� / - ,�G.- �--C%�-�--- %John G. Flora Director of Public Works Prepared by Checked by: 19.02 January 9, 1995 To: Public Worhs Director City of Fridfey REPORT ON FlNA� INSPECTlON FUR CITY OF FRIDLEY SUPERVISORY CONTROL AND DATA ACQUlSITION SYSTEM (SCADA), PROJECT NO. 259 We, fhe 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. All deficiencies have been co�re�ted 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 app�ove the attached FINAL ESTIMATE for the contractor and the tnree-year maintenance bond, star�i�� from the day of the final inspection that being November 3, 1994. �) ✓' Jon G7-� nstruction In Bruce Wirth, Vice President 19.03 January 9, 1995 City of F�idiey SUPERVISORY CONTROL AND DATA ACQUISITION SYSTEM (SCADA), PROJECT NO. 259 PREVAILING WAGE VERIFICATION This is to cerfify that Automatic Systems�Company, Inc. has abided by the Prevailing Wage Provisions as specified by the Minnesota Department of Labor and Industry for Anoka County 1 declare under the penalties of perjury that this statement is just and correct. AUTOMATiC SYSTEMS COMPANY, 1NC. ,�-� (�� Bruce Wi�ih, Vice President 19.04 January 9, 1995 City of Fridley SUPERVISORY CONTROL AND DATA ACQUISITION SYSTEM (SCADA), PROJECT NO. 259 . CERTIFICATE OF CONTRACTOR This is to certify that items of the work shown in the statement of work certified herein have been actually furnished and done for the above-mentioned projects in accordance with the plans and specifications he�etofore approved. The final contract cost is $376,850.00 and the final payment of $3,542.50 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 p�oject. ! declare under the penalties of perjury that this statement is just and correct. AUTOMATED SYSTEMS COMPANY, INC. � � i '' Bruce Wirth, Vice President 19.05 n FlNAL PAYMENT ESTIMATE NO. 6 (FINAL) FROM: JULY B, 1994 TO: DECEMBER 23, 1994 CONTRACTOR: AUTOMATIC SYSTEMS CO., INC. ADDRESS: P_O. BOX 120359, ST. PAUI, MN 55112 OVYNER: CfTY OF FRIDIEY, MINNESOTA PROJECT: SUPERVISORY CONTROL AND DATA ACQUISfT10N SYSTEM (CITY PROJECT NO. 259) COMPLETION OATE ORIGINAL: JUNE 30, 1994 REVISED: NOVEMBER 3, 1994 ' ;' 't: CONTRACF.I7EMS :: :: ITEM NQ, DESCRIPTION UNiT'> qTY UNif QF - _ _ PRICE SCHEOULE 1.0 COMPLETE PROJECT EXCEPT AOD. #1 fTEMS -- 1 UN�ERGROUNO ELECTRICAI WORK LS • 2 COMPUTER EQUIPMENT COMMONS PARK WTP LS 3 PANEI "A" COMMONS PARK WiA LS 4 PANEL "B" IOCKE PARK LS 5 PANEL "C' 63R� AVENUE 800STER �S 6 PANEL "D" WELLS 2, 4, 5, 6, & 7 LS 7 PANEL "E" WELL NOUSE #13 LS 8 PANEI "F' WELL HOUSE #1 LS 9 PANEL "G" MARION HILLS BOOSTER ST. LS 10 PANEL "H" WELL HOUSE #12 LS i t PANEL "J' ELEVATED TANK #2 lS T SCHEDULE 1.0 COMPLETE PROJECT EXCEP7 ADD. �Ft ITEMS-TOTAI SCHEDULE 2_0 ADOENDUM NO. 1 1TEMS 1 PLCA, WELLS 8, 9, 3 LS 2 PLCC LS 3 PICD, WELLS 2, 4, 5, 6, & 7 LS 4 P�CE, WELI 13 LS 5 PLCH, 1NELL 72 �S T SCHEDU�E 2.0 ADOENDUM NO. 1(7EMS -TOTAL TOTAL AMOUNT THIS PERIOD TOTA� AMOUNT TO DATE 1 1 1 t 1 1 1 1 1 1 t 19.06 40,000.00 50,861.�� 75,687.00 42,000.00 31,100.00 21,689.00 73,576.00 11.754.00 14,380.00 12.801.00 71,152.00 12.885.00 14, 7 65.00 90,408.Q0 a.nz.oa 9.620.00 SCADA NO. 601-6000�15-45�0-6a41 � AMOUNT OF CONTRACT: ORIGINAL S 376,850_00 REVISED S ERIOa TO.TItL Ta;DATE . ., , ,: AMOUNT ; QTY. ' AMOUNT > 0.00 104.25 O.UB 4,000.00 0.06 4,765.75 0.02 750.00 0.02 750.00 0.01 250.00 0.01 100.00 0.02 250.00 0.01 100.00 0.01 100.00 0.01 100.00 17.270.00 0.02 200_00 0.01 100.00 0.03 300.00 o.oa zoa.00 0.02 200.00 1,000.00 12.270.00 1.00 40,000.00 1.00 50,861.D0 1.00 75,687.00 1.00 42,000.00 1.00 31,100.00 1.00 21.689.00 L00 13,576.00 1.0� 11,754.00 1.Od 14,380.00 1.00 12,801.00 1.00 11.152.00 325,000.00 1.00 12.885.00 1.00 14,165.Q0 1.00 10,408.00 7.00 4,772.00 L00 9.620.00 51, 850.00 376, 850.00 259-6.wk4 - 685-0Gs-30 SCAOA NO. 601-600a415-t5-30-6041 OESCRIPTION TOTAL THIS PERI00 TOTAL TO DATE SCHEDULE tA COMPLETE PROJECT DCCEPTADD. it1 (TEMS—TOTAL 71,270.00 325,000.00 �' 19.07 259-6.wk4 6d5-00-:-30 I he�eby ce�tify that all items and amounts shown by this pay estimate are correct for the work completed to date. CONTRACTOR: AUTOMATIC SYSTEMS, INC. BY: �L � �. TITLE: �� DATE: t Z- Z �i - 9 y Based on the ENGINEER'S on-site inspections as a� experienced and qualified design professional and on review of application for payment and the accompanying data and schedules, the ENGINEER has determined, to the best of his knowfedge and beiief, that the quantiiies shown by this estimate are correct and that, based on such inspections and �eview, that the work has progressed to the point indicated (subject to an evaluation of such work as a functioning Project upon Subst�ntia! Completion, to the results of any subsequent tests required by the Contract Documents, and to a�y qualifications stated in his recommendation), and that payment of the amount �ecommended 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 construciion or safety precautions or programs incident thereto or that the ENGINEER has made any exarnination 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 iein, claims, security interests or encumbrances, or that the Contractor(s) have completed their worlc exactly in accordance with the Contract Documents. ENGINEER: MSA, CONSULTING ENGINEERS BY: � t�_��1 T1T�E: �� o � � DATE: � c _ ZZ .� �� Approved by OwnedCommission ,� CITY OF FRIDLEY, M/NNESOTA „! i"�� BY: r- � � � �-- / ,-' T1TL� ,�� ;,` � ,::��. DATE: / �' / C 1� ��' �. `�'��3 r � � I Community Development Department PLANNING DIVISION City of Fridley DATE: January 4, 1995 � T0: William Burns, City Manager �� FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator SUBJECT: Public Hearing to Consider First Reading of an Ordinance Under Section 12.06 of the Fridley City Charter Declaring Certain Real Estate to be Surplus and Authorizing the Sale Thereof The City Charter requires that the sale of all public lands occur via ordinance. Staff has prepared for the City Council's review and approval an ordinance to declare the south 35 feet of Lot 3,. Block 2, Sexter Addition excess, and thereby authorize the sale thereof. A public hearing is required prior to such action. This request relates to the Moore Lake Apartment parking expansion and the sale of adjacent excess City property (south 35' of the parcel at 5720 Polk Street) to facilitate the expansion. A location map and site history has been attached for your review. RECOMMENDATION Staff recommends that the City Council open the public hearing and receive public comment. SH/ M-95-6 2�.� � ORDINANCE NO. AN ORDINANCE IINDER SECTION 12.06 OF TIiE CITY CHARTER DECLARING CERTAIN REAL ESTATE TO BE SURPLUS AND AUTHORIZING THE SALE THEREOF The City Council of the City of Fridley does hereby ordain as follows: SECTION 1. The City of Fridley is the fee owner of the tract of land within the City of Fridley, Anoka County, State of Minnesota, described as follows: The South 35 feet of Lot 3, Block 2, Sexter Addition, City of Fridley, Anoka County, Minnesota. SECTION 2. It is hereby determined by the City Council that the City no longer has any reason to continue to own said property, and the City is hereby authorized to sell or enter into a contract to sell said property. SECTION 3. The Mayor and City Clerk are hereby authorized to. sign the necessary contracts and deeds to affect the sale of said property. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1995. ATTEST: WILLIAM A. CHAMPA, CITY CLERK Public Hearing: First Reading: Second Reading: Publication: WILLIAM J. NEE - MAYOR 2�.�2 ; '� CER r � F � CATE OF SuR vEY DATE 5-„-�y FOR G1i`% O� F�llil_!'�I KURTH SURVEYING. INC. SoCALE1RON �ION-�U�t E T I HEREBY CERTIfY iHAT THIS SURVEY. PLAN OR REPORT �002 JEFfERSON ST. N.E. M'AS PREPARED 8Y WY OR 11NDER IIY DIRECT SURVERVISION COLWBIA HEIGMTS. YN. 55�21 BEAR INGS ARE ON AN AND THAT 1 Aw , OUIY REGI IERE� L SURYEYOR UNDER (612) 7ep-9769 fAX 16121 76d-7602 ASSUI�ED DATUTA PGRPu1T 1 AMS Of 1 3TA Of I � _ �jQ\1C� `7t t M! NNESOT REG! STRAT 1 ON NO. Zo2�o �'`-"'`--�'�a�N ""'� r��` � d .� d r 1J � � op J � v zJ � u �J I �� 06 � . �� o — �� a� � � � Fp;�NO ` 1y�1° y-7 �E ,— I�-l3 .3� -- � / — -- l Co Z .`�� — — 5 8Gl ° �-1 `�� L,i��/�.L �L.5��1P'T � oti! w � '�� .31..O�K Z� SCx�e� /'•o��Ttor-�� ANoK�'� C�rvT �J, ��NNC��T A • 7 J � 0 � � "o � -�� 1 � � � � � J� 1_LJ � 'J 7 1=� � �-- ro �� -� � �� " °,� � � % J � �J � / �;��. L�--��-Z`1 20.03 ��. ��.��R � � •°?t. / . ,� � 3� �.o; T � � ;��' '�''�, ` :� ``' � � �° �s� C�) C3J (�� (f� , , _ � ► ~ v� � ��'r�' fl lI f! 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I1.� (rzl Hu.cw�►aiv , , (�l�o) \ C < AACYTIIAN , , � � < > M , r� — - � E�TATL' �f � • � a�v (`�� / i� ' � � (cJl ------ � _-,• - ° +3 � ''�AUD. ac.� . S� ��/ISION ` �,�. �. � `�w'.�..s+.r.r i C � • � V •�_ r-----t � � '� �� •. ' ! N ' � — � • � �� J�r� -------� -----� 1-- �� -- 1 ...:---- ---- � � _ i �. . .. �tQf, � � ., , G�) 7 �� -------- ;�,, �--- � -------� � ---------- �— � —_ __--_ ��`4� " 1 , je ... �ce� I c� �t� N�? • ------- 8- = — -==��_: ----------------_____�-------------- -----�`�=----- �e o> � (.,�a • nP.4CT ' � � _..�, 9 �w- --=-r'- `w------------------------------�,?--- (,---' r4 ,�, w ��,�'��.. �� /N � � �---.._„ --_._._ / . __�� '`tii.f„ �/ �LJVE 2� (N � _,,,�...... ..�. s n _ �_ � � ,cr rA C . The Lot Split request will divide the property into two portions. The south portion will be sold to the adjacent apartment property to the south for additional parking. The north portion will be of sufficient size to accomodate a new single family home. 20.04 r _ � . DATE: TO: FROM: SUBJECT Community Development Department PLANNING DIVISION City of Fridley December 30, 1994 Barb Dacy, Community Development Director Scott J. Hickok, Planning Coordinator DAVID STEWART/MOORE LAKE APARTMENT PARKING HISTORY May 10, 1993 Carolee Zinter contacted Steve Barg,. Planning Assistant, regarding the possibility of removing or relaxing the parking restrictions along the north side of Lynde Drive. At that time, the parking restrictions were posted "No Parking Monday 6:00 a.m. through Friday 6:00 p.m.". These signs pertained to Lynde Drive between Polk Street and Hillwind Road. May 20, 1993 Steve Barg made a note in his May 10, 1993 memo that this parking issue had come up in 1985 and at that time the City asked the Moore Lake Apartment representatives to pursue additional parking by either obtaining one of the vacant parcels to the north or entering into an agreement with the apartments on the south side of Lynde Drive (to utilize a portion of their parking lot). Steve concluded by stating that unless otherwise instructed, he would schedule the item for City Council consideration on the June 7, 1993 agenda. Steve Barg and Barb Dacy prepared a follow-up memo regarding 5 options for Moore Lake Apartment parking. The options included: 1. Utilizing all of the City owned Branco property for a parking lot 2. A subdivision of the Polk Street property and use the rear portion as a parking lot and the front portion as the location for a single family house. 3. Utilization of the Branco property for a single family residence. 4. Remove the "no parking" signs on the north side of Lynde Drive 5. Change the existing "no parking" signs on the north side of Lynde Drive to allow Moore Lake Apartment Parking Expansion Process December 30, 1994 . Page 2 parking on week nights. The staff recommendation was to implement option #3 and option #5. May 24, 1993 The City Council held a Council Conference meeting at which time Nancy Jorgenson indicated garbage from the Moore Lake Apartments is being tossed on the Gilstad Property. She asked that staff address that issue. The Consensus of the Council at the May 24, 1993 conference meeting was not to allow parking back on the north side of Lynde Drive, rather the owners should try to resolve the problem by buying lot 9 from Mr. Gilstad. A note also was made indicating that "there may be City help available to them in solving the problem". Dennis Schneider indicated that before we talk to the owners of the Moore Lake Apartments, we should research the possibility of helping to create additional parking for apartment units in the community as a whole. There seemed to also be a consensus on May 24, 1993 that the property at 5720 Polk Street should be utilized as a residential site. The possibility 5720 Polk being a hospice or ACCAP site was to be investigated by staff. Nancy Jorgenson conciuded the discussion by stating that if an ACCAP or hospice site does not work, a Habitat for Humanity home may be an option to explore. May 27, 1993 Barb Dacy relayed all the May 24, 1993 City Council Conference information to Mr. Stewart. Barb also stated that because of the City Council Conference discussion, the "No Parking" sign removal issue will be removed from the June 7, 1993 agenda. July 6, 1993 Barbara Dacy and Steven Barg met with Mr. and Mrs. Gilstad and David Stewart. Staff reports that this was a very cordial, productive meeting which they believed would set the groundwork for future negotiations. Each of the members of this meeting outlined concerns and the group discussed solutions. Though no member of the discussion committed to r � i ., Moore Lake Apartment Parking Expansion Process December 30, 1994 Page 3 specific solutions the group agreed to reconvene on July 15, 1993 to continue the dialogue. The meeting was rescheduled to July 16, 1993 July 16, 1993 The focus of the discussion was the expansion of the Moore Lake Apartment parking facilities. Dave Stewart stated he would investigate the potential parking expansion not only into the Gilstad property but also into the vacant Union 76 property. Stewart's intent was to contact Union 76 about acquiring 25 - 35' of the southernmost portion of the property. To conclude the July 16, 1993 meeting, Dave Stewart and Mr. and Mrs. Gilstad agreed to establish an amenable work relationship regarding litter and trash as well as day-to-day issues. Jan. 18, 1994 David Stewart spoke during the open forum of the City Council Meeting. The topic was parking and his concern about the lack of affordable parking lot expansion solutions. Stewart stated that he has met with staff on several occasions, but that because of the busy times during the Moore Lake Apartment rehabilitation project, it had been some time since the last discussion. Mr. Stewart asked if the parking ban on Lynde Drive could be lifted to allow time to work further with staff and the neighbors. Stewart continued by stating that he is concerned that even though the complex is 100% leased, he may lose good tenants due to a lack of parking. Councilman Schneider suggested lifting the parking restrictions until May 1, 1994, with the understanding that staff and the developer would work diligently to resolve the issues. A motion was made to allow parking until May l, 1994 and to require that staff prepare a report on the progress for the Council's review by March 15, 1994. Feb. 2, 1994 Bill Burns, City Manager asked for a legal opinion about the City's ability to condemn a portion of the Union 76 property and Gilstad property for additional parking at the Moore Lake Apartments. As additional information staff provided the background on this properties redevelopment district status and Jim Casserly's opinion that the HR 2�.�7 Moore Lake Apartment Parking Expansion Process December 30, 1994 Page 4 would have adequate authority to condemn the additional property given that the effort is to improve the parking area in concert with the apartment rehabilitation of the apartment buildings. Feb. 3, 1994 John Flora, Public Works Director prepared a memo outlining 3 options for improvement of the parking situation at the Moore Lake Apartments. Option 1, was $103,000.00 and consisted of a retaining wall � and grading plan that would make the slope uniform from east to west and provide a relatively level parking and driving area. Option 2, consisted of a two tier parking area with a new drive to the north ($100,000.00). Option 3, consisted of a"cut and fill" method of creating additional parking, which would not entirely level the parking lot, but would attempt to minimize the varying topography (�5,000.00). Feb. 17, 1994 Dave Stewart contacted staff to express concern over his recent investment in the site and his perceived inability to finance any of the parking expansion options outlined without assistance. During the discussion Barb Dacy highlighted 9 variables of the discussion including discussion about building garages. 1. Between Stewart's partnership and HUD there has been an investment of approximately $250,000.00 in upgrades to the buildings 2. Barrowing more money may be an option for Stewart. -- His first mortgage is with Mid America $1,550,000.00, 80 20 yr. schedule -- 2nd mortgage $82-85,000.00, 10% forgiven each year for 10 years 3. Stewart likes to assign spaces at the rear of the building. 4. Dave Stewart stated that if he built garages he would rent them out. 5. Cash from new lot and home to pay taxes on property. 6. Approximate cost for garages is $60,000.00. Could cover debt service through garage rental. 7. $40,OQ0 deferred at low interest rate payable at time of sale (plus land value on Branco property) 8. Doesn't solve parking problem; serves as 2�.�8 Moore Lake Apartment Parking Expansion Process December 30, 1994 Page 5 holding pond [Gilstad property?] 9. New Hope - no interest rehab loans for 10 years; pay 1%/month. Feb. 17 - Staff gathers information on all options including garage construction and rental, surrounding land costs, land alteration possibilities, etc. -- The research indicated that garage rentals (for apartrnent complexes in the northern metro area) range from $20.00 to $35.00 per month. There is generally a garage waiting list at all complexes where garages are an option. -- All surrounding ownership and legal description information was obtained. March 24, 1994 Barb Dacy prepared a memo to Bill Burns summarizing a letter from Dave Stewart regarding negotiations with the Gilstads and Union 76. Apparently, neither party was willing to negotiate for a number of reasons. Stewart did indicate a willingness to buy a part of or all of the City owned property (5720 Polk Street). Barb explained the zoning issues, the need for a special use permit, and the need to establish negotiating guidelines for acquisition of the property. April 29, 1994 Barb Dacy and Steve Barg completed their research on the Gilstad property. They determined that.there is no record of an easement to provide access to the parcel behind the Gilstad's developed parcel. The staff inemo concluded by stating that if an easement exists that is not recorded a copy of the document should be submitted for further staff analysis. May 24, 1994 Barb Dacy calls: -- Dave Stewart regarding the detail.s of improvements. -- Uno Ven for possible agreement on placement of fill. -- Dave Stewart to hire engineer and finalize design elements with John Flora. July 19, 1994 Bill Burns, Barb Dacy and Scott Hickok, met with Dave Stewart to further discuss the expansion of the parking lot at the Moore Lake Apartments. 20.09 The Moore Lake Apartment Parking Expansion Process December 30, 1994 Page 6 focus of the discussion was the purchase of the City owned property at 5720 Polk Street. Manager Burns indicated that the City's Polk Street property had been appraised at $25,000.00. That value as it relates to purchasing the southern 163' x 35' translates to $8,347.00, or $1.46 per square foot. Stewart responded that he felt this was excessive and that he would not be interested in pursuing the purchase of the property if he were required to pay that price. After much discussion, Bill Burns suggested the possibility of a$10, 000. 00/10 year loan by the HRA. Mr. Burns explained that at this point it was only a suggestion and would require full review and approval by the Fridley Housing and Redevelopment Authority. The suggested purchase price for the 163' x 35' parcel was set at $5,000.00 with the intent that the $10,000.00 loan would allow purchase of the property and $5,000.00 additional to contribute to site improvement costs. Stewart also stated that he had reached an agreement with the Gilstads that through an easement agreement he could utilize the rear of their property for snow storage as long as he constructed a fence at the rear of the easement (to be defined by the two parties) Stewart stated that just having a place to put the snow wiil provide a more efficient parking arrangement during the winter months . As part of the agreement, Gilstad agreed to apply for and pay for the rezoning of the Gilstad's parcel to change its designation from commercial to residential. The meeting concluded with the Dave Stewart agreeing to go back to his MFHA funding source to request additional funds and the City agreeing to bring the HRA loan request through the proper channels. Barb Dacy stated that if the HRA approved the loan Stewart would be required to file for a variance ($100.00), replat of the 5720 Polk Street parcel ($500.00), rezoning of the Gilstad parcel, per their easement negotiated settlement ($500.00) and a special use permit to utilize an R-1 parcel as parking for an R-3 facility ($400.00). All land use applications were to be the responsibility of Dave Stewart and were to be forthcoming upon approval of 20.10 Moore Lake Apartment Parking Expansion Process December 30, 1994 Page 7 July - the HRA loan. Staff scheduled the consideration of loan discussion for the next HRA agenda under "Action Items'� . Aug. 11, 1994 Manager Burns explained the proposed Moore Lake Apartment loan terms as follows: -- $10, 000. 00 over a 10 year period at 5°s interest with two years of deferred principal and interest payments. The City would sell the southern 35' of the Polk Street Proper�ty for $5,000.00. Mr. Burns stated both parties have agreed to the terms providing the proposal meets with approval of the HRA. The HRA discussed the proposal in detail and agreed to loan the money to the Moore Lake Apartment owner with the caveat that the approval be subject. to negotiations with the Executive Director and his request of the owners for a guarantee. Late Aug. - early Sept. Scott Hickok had not heard from David Stewart so while accompanying Pat Wolfe on a reinspection of the Moore Lake Apartment Complex, Mr. Hickok confronted Mr. Stewart and asked if he had the information he needed.to get the land use processes started. Stewart apologized for the lack of communication since his last discussion, but stated he is concerned about making any further investments until he actually owns the property (the southern strip of 5720 Polk). Hickok explained that a.legal parcel must first be identified through a lot split before a sale can occur. Stewart stated he understood but would be out of town for two weeks. He did however, give staff a contact in his office who would provide signatures on the land use applications and provide the necessary fees to accompany those land use items. Staff hand delivered applications to Dave Stewart's office in Minneapolis Suzanne Secord, Dave Stewart's assistant signed the applications and gave a check to cover all processing fees. Sept. 21, 1994 Barb Dacy and Scott Hickok met to discuss the process related to the 4 land use issues at the Moore Lake Apartments. They also prepared a site plan to provide a graphic of the expanded parking plan David Stewart had discussed. 20.11 Moore Lake Apartment Parking Expansion Process December 30, 1994 Page 8 Oct. 4, 1994 The public hearing notices were published Oct. 11, 1994 Public hearing notices appeared in the Fridley Focus for the special use permit, lot split and rezoning. Oct. 11, 1994 The Appeals Commission reviewed 3 separate variance requests for 15 additional parking spaces north of the Moore Lake Apartments. All variances were recommended for approval by the Appeals Commission. Oct. 17, 1994 Steve Billings, Councilmember, Ward 1, contacted David Newman, the Chair of the Planning Commission (via letter) to express concern about the parking expansion alternative and potential rezoning impacts on the Union 76 property. Oct. 19, 1994 The Planning Commission reviewed and approved: a special use permit for R-3 parking on an R-1 parcel; a lot split to allow sale of the southern 35' of the parcel at 5720 Polk Street; and a rezoning of the Gilstad property (from C-1 to R-1) . Nov. 7, 1994 The City Council Established December ZI, 1994 as the Public Hearing date for: the special use permit; lot split; and rezoning. Nov. 21, 1994 The City Council held the series of public hearings and received comment. Dec. 5, 1994 The City Council: -- Approved the special use permit as recommended by the Planning Commission as staff -- Approved the lot split as recommended by the Planning Commission and staff -- Approved the first reading of the ordinance to rezone the Gilstad property. Dec. 5, 1994 The City Council established January 9, 1995 as the Public Hearing date to consider sale of excess property. Dec. 19, 1994 The City Council approved the second reading of the Gilstad property rezoning ordinance. Dec. 20, 1994 Scott Hickok contacted David Stewart to inform him that a bond will be required to cover 125� of the improvement costs related to the land use approvals he has received. At this point staff is evaluating the value of the bond to be issued by Stewart. The lot split can now be recorded and the sale 20.12 Moore Lake Apartment Parking Expansion Process December 30, 1994 Page 9 of property can occur if the City Council approves the sale of excess property in February. If you have any questions regarding this process please give me a call (599). 20.13 � _ � . DATE: TO: FROM: SUBJECT: Back�round Community Development Department PLANNING DIVISION City of Fridley January 5, 1995 � William Burns, City Manager.�i� Barbara Dacy, Community Development Directar Public Hearing to Consider a Change in Tax Status for ACCAP Properties in Hyde Park ACCAP has purchased a four unit apartment building at 6008 - 2nd Street N.E. and tcao, seven unit buildings at 5908 - and 5916 - 2 1/2 Street N.E. Three out of the four units on 2nd Street. are two bedroom units and the remaining units of the buildings are one bedroom units. ACCAP intends to rehabilitate and to operate the three apartment buildings as a"leasehold cooperative" in order to provide affordable housing for low income individuals. Part of ACCAP's mission is also to provide a means to promote self-sufficiency of low income individuals. As a cooperat.ive, ACCAP intends to involve the tenants in the operation of t.he buildings, thereby encouraging "ownership" and pride in the buildings. Leasehold Cooperatives Minnesota Statutes (Section 273.124 subd. 6) were recently� amended to provide for "leasehold cooperatives". The statutes dictate that the buildings must be owned by a non-profit corporation, or if owned by a limited partnership, a non-profit organization must be a managing general partner. Further, a "cooperative association" must be formed, composed of "members" or tenants who lease from the association. Leasehold cooperatives are only available to those projects that are: financed by public funds. It is mandated that a cooperati.ve association "have a lease for occupancy" for at least 20 years. Further, if the non-profit owner decides to sell, the cooperative association must have the first right to purchase the progerty. The statutes also stipulate income guidelines; 40� of the members must have incomes at or less than 60� of the median gross income for the area. 21.01 Public Hearing on ACCAP Tax Status January 5, 1995 Page 2 . The property is eligible to be taxed at the homestead rate instead of the non-homestead rate; however, the City must hold a public hearing and make certain findings. Then, the non-profit owner can make application to the County for the homestead tax rate status. The County Attorney must approve the request and certify to the Assessor that the property meets the requirements of the State Statutes. The City must also conduct a public hearing if the ownership changes. Required Findings for City Council Action Minnesota State Statutes dictate that the City Council must hold a public hearing and pass a resolution making certain findings. The findings are as follows: 1. The homestead tax treatment will facilitate safe, clean, affordable housing that would otherwise not be available absent the designation. * The homestead tax treatment will provide ACCAP the ability to use funds to ieverage additional improvements to the property. * With ACCAP as the owner, stable ownership and management of the property will occur over the next 20 years. * Stability will lead to less demand on City services-- inspection and police. * The project will provide affordable rent levels to ACCAP screened individuals. 2. Savings from the homestead tax rate will be used to reduce rent levels or to maintain the building at a level not possible absent the homestead designation. * The Housing Coordinator has reviewed the cash flow analysis submitted by ACCAP. Without the homestead tax status, a negative cash flow would occur in Year 1 and continue in subsequent years. The taxes for all three buildings total $13,166 at non-homestead rate and $4,880 at the homestead rate. * The estimated amount of taxes to all taxing jurisdictions will be reduced from $4,721 to $1,781 for the seven unit buildings and from $3,724 to $1,318 for 21,�2 Public Hearing on ACCAP Tax Status January 5, 1995 Page 3 the four-plex (see attached tax analysis). Loss to the City of Fridley, however, will only be $337 for the four-plex on 6008 - 2nd Street N.E. and $412 for the seven unit buildings on 2 1/2 Street. * ACCAP intends to rehabilitate each of the units at a rate of approximately $10,000 per unit. The estimated market value of the buildings will therefore increase by $20,00o to $30,000. 3. The cooperative association must have a lease for occupancy for 20 years. * The lease document is to be submitted to the City upon approval of the homestead tax rate. 4. The project must receive public financing. * ACCAP has put together a variety of financzal toals to acquire and rehabilitate the property including funding from the Minnesota Housing Finance Agency, the Federal Home Loan Bank Board, HOME Funds, and the City of Fridley HRA has agreed to fund up to 500 of the rehabilitation costs. 5. The members/tenants must meet state mandated income requirements: * Income verification will be available from ACCAP. Informational Meetina On December 15, 1994, ACCAP and City staff conducted an informational meeting. Approximately 13 - 20 residents were in attendance. During the course of the two hour meeting, the following concerns were identified: 1. Concern was expressed regarding the amount of people that would be permitted to live in each unit according to �he City's rental ordinance. ACCAP indicated a willingness to restrict the number of people per bedroom as part of a development agreement with the HRA on the rehabilitat.ion. 2. Some concerns were expressed both for and against the changing of the tax rate. 3. Impacts from off-street parking from the tenants was identified as a problem. 27.03 Public Hearing on ACCAP Tax Status January 5, 1995 Page 4 4. One multiple family owner indicated that the property should continue to pay non-homestead taxes as opposed to the homestead tax rate. 5. There was a concern that children from families living in the units would be trespassing on neighborhood yards, and further, that there is not a safe place to play in the immediate area. 6. One resident asked about the impact of additional children in the area in the school system. Summarv According to the State Statutes, the City Council must conduct a public hearing. A copy of the proposed resolution is included for the City Council's information. Action on the resolution is not scheduled to occur until the January 23, 1995 meeting. 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"�. ``'/z '' ° . . _ � ��rs�� .- s / � , E•. - W j• ; ' 2,;: ` � �' � e � . r' :� � . t , , � . , .� � . . i,�'' d 9.`'� .. 1. ., `+. { ;' �a � • –'f---� . `— � AVE. ;,> N.E."'�' r:-. � .. I � , � ;r •�, -, i �./`f, .s-,�I,�,hi' �.Z i .J � � �; �O 1 i'� j'? �: . � .,{; r', .+' � 1 , i , � +`- - ;-�- ,. '',,_!._, ._ . PLACE ,{ � , � i I.i � � �.. r"'�� -� �' �. ' 'C7' I •�: . n��• � . �t .. , i . . , �� v � � U J � � � ,-� cn j W Q� � � cD O O � � � � � �O --� N CV N r `� (f} fi4 (fl W eI � � r �- � � � n ti _ �i EH E� �A � N � � � � � � �' � n+ � C� Q7 � � � � � W *- � +. �•-- �L oJ t� � cav �� c � r" � � w � � � � � � � �. � v T P � � � � � .O � �T �J � � � /�� V !-� i�-�� V J v! C� L� � � � i"' T � �i f�? ff3 ff3 ;131 Q O O } Cp N CQV � - � � T T ,.., N N � � ffl ff� �� C.� �� U � � � � V' 1� h � � � � � � T f^ . - . � . . � � . .. � . � � � ' . . . , W N N iV d � � � i' a o� _ � � � 2 � .os r � � J DATE: TO: FROM: SUBJECT: Community Development Department Housing Division City of Fridley December 21, 1994 Barbara Dacy, Community Development Director Grant Fernelius, Housing Coordinator Hyde Park Project Analysis I reviewed the information provided by ACCAP on their Hyde Park rental project and have come to the conclusion that a reduction in real estate taxes is necessary for the project to work. First, it is clear that the "after rehab" rents are affordable because they are below market rents for comparable units in Fridley. Below is a comparison of the project and market rents. One Two Bedroom Bedroom Rents Rents Hyde Park Project $350 $400 Fridley Market $437 $521 Source: Towle Real Estate Multi-Family Housing and Community Profile (4/94). The Hyde Park rents can only be achieved by a reduction in real estate taxes. Second, based on ACCAP's proforma statement (attached) the: reduced taxes allow the project to maintain a positive cash flow. Without this reduction, a negative cash flow would occur i.n Year 1 and continue in subsequent years. �From a financial perspective this project is not feasible without a reduction in taxes. Please let me know if I can be of further assistance. 1 , Real Estate Taxes {approximate): Rents: 1 bedroom 2 bedroom Cost: Renovation: Total Development Cost: Explanation: HYDE PARK Currently With Leasehold Cooperative $13,500� $4,000 � $ 350 300 of household income $ 400 300 of household income $345,000 $ 0 $345,000 $345,000 $175,000 $520,000 The project is not feasible without a reduction in real estate taxes. The expected reduction in rents will result in income generated that will only be sufficient to properly maintain the property and pay utilities, repairs, and management, and to fund a replacement reserve. The amount calculated to be necessary to properly maintain the property is approximately $50,000 per year (this amount is based on Minnesota Housing Finance Agency operating data). This translates into a average cost per unit of $230. The maximum rent that can be charged a two person household with a income at 300 of the area median (an annual income of $12, 250) is $260. The difference of $30 per month per unit plus revenue form the coin operated laundry will be sufficient to pay taxes at the homestead tax rate and debt service to the City of Fridley. Source SOURCES AND USES T e Amount Federal Home Loan Bank-AHP G Anoka County HOME G City of Fridley L City of Fridley L MHFA Affordable Rental L Total Sources Uses: Acquisition Gross Construction Total Development Cost $ 67,000 $103,000 $ 45,000 $ 45, fl00 $250,000 $520,000 $ 345,000 $ 175,000 $ 520,000 2 �,08 Terms Oo, 30 yr Oo, 30 yr So, 30 yr Oo, 30 yr Status committed committed committed committed � committed N C' rl � U N O M .+ N O .� � q�' oC q a � Q MU m � � Z � i O z m o �. � m x a c. m � O t0 N .r p yt? O .+ � lf .+ � ' N O � n � J' .y m p ^ � N � � �? N VF ., 1 �T V} O O � O O O P O T O O N t� VT T N O N p N N _ � � r r � � � � � � �,} �} y} N �' O.r Jt O1 � S o .. vs -. r r u� � N :ll O� V� V N O !'� .1 00 m N N �D �O L? VT VT d' r O N�0 l�; p ;y o n vr a� n n n o m a m n ,.� N m f'1 -i h I� b Vf <? �O tp � � � N f'1 9 p p m.� O o m vr c. o� ,., .,> � <' r`1 m O O N �1 rl b b l0 4? N t0 c0 +/1 `-' N VT N C O G! .y I� � l� O .+ t? O�D rl t?. -1 n a n n N �0 t'1 �1 Q < �O �? 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VF O U1 !'1 1A �l+ a! O t'i a' �D T N rl I� V' l� �O �0 .-1 O �O O IL O mc�nr ao c�m-rn �n,n a ,� N V!`t T N N ti D O? l0 4T N 4T N N N N Vt .y NT T (? N PI N I� N 4� p Pl f'1 Q� O ul N l� m I� m O N t� !'1 < O�L1 01 m b N�O m N tO N l� !+1 a a - N ei ? Pf < N N f !D O d� Uf N N VT V! V1 1? (? (? r1 Nf T � N �o o n o a o�o .n a m��o r� 1'1 O1 ey T �fl tD r'1 �O f'1 T �D O tD UI N �tf t� .y m r1 I� O T l0 � � .� a r� a (V N'+ m o a sp N V} V? 1? N N N N r1 �Vf V� N UT O O O O O m O'1 O O O 0� a o�n o o� o o�v o,.v <v mu�..�n n.ymrvc- m�-� � . V} r1 M f'1 T N N ti m 01 4 !�'1 V� V} ul N V} 4T Uf N t? �V} V' N m ° c1 � o � o ZU1 N N m T UI N d. . � � '! � .N-� .-� � � V N t? 1/Y m � Z m CI � m m u u M m L C CL �, � m m � L m O C m tl fNA C�1 G� L G +LQ 0X7 c x ., c `yA u u �� °1 i �, H O v po, O itl 0 O d [0 Df t L C o � � a o %.�i H m C u o � � 0 m � ro m � m m u m v p G M U OC � O) � U L 3 i L �. J J �0 � 7 U m L 7 C S U 0 0 0 a� T O l+ m • 01 0 i0 3 i� Q 11 1L� O C d +1 3 L N a ��9 .V�. C'� s y M m.� y g�� W �-^' y�1 d ��( 7 u u� m a 7 u�A ] O i6 A 11� R �� la L ol �� J 1� � r11 L N ol � U•� � U 7 U � �a ��' 7.+ �6 L N fl. �9 9 'J 7 3�. U�D 4 o r, ^:. ; v " v ; n rrnY ,n � c' � � 4�. �. a� 3 G � c c? m o - V � I�4: TAXES; LIS"fI\G, ASSESS�IENT 273.124 ,��;: ��}�o occup�� a unit in the building and the residenc� agrecment entitfes thc resident to ``r"` occupanc}� in the building after personal assets are exhausted and regardless of ability lY �' to pay the month(y maintenance fee, homestead classitication shali be givcn to each unit so occupied and the entire building shall be assessed in the manner provided in subdivi- tion 3 for cooperatives and charitable corporations. Subd. 6. [,easehold cooperati�es. �1�hen one or more dwellings or onc or more 1 �buildings ��hich each contain se�•eral d�t elline units is o�vned by a nonprofit corporation � �ubi�ct to the provisions of chapter 317A and qualif��ing under section 50l(c)(3) or �O1(c)(4) of the Internal Re��enue Code of 1986, as amended through December 31, 1990, or a limited partnership �ti�hich corporation or partnership operates the property in conjunction with a cooperati��e association. and has received pubiic financing, home- stead treatment may be claimed b}� the cooperative association on behalf of the mem- bers of the cooperative for each d�ti°elling unit occupied by a member of the cooperative. The cooperative association must pro��ide thz assessor with the social security numbers of those members. To qualif�� for the treatment pro��ided by this subdivision, the fol- fo« ing conditions must be met: (a) the cooperative association must be organized under chapter 308A and all vot- inQ members of the board of directors must be resident tenants of the cooperative and must be elected by the resident tenants of thz cooperative; .�i;,; 4' `<�:�� :; �; ,=.,p. �: �r� � ,�,:� �,; � �...,�sp::''', , �-:, � ;rvr . `: �,: (b) the cooperative association must ha��e a lease for occupancy of the propeRy for a term of at least 20 years, which permits the cooperative association, while not in defau4t on the lease, to participate materially in che management of the property, including material participation in establishing buda2lS, setting rent levels, and hiring and supen�ising a management agent; � (c) to the extent permitted under state or federal law, the cooperative association must hat•e a riglit under a�i�ritten agreement with thz owner to purchase the proper[y if the o��ner pcoposes to sell it; if the cooperative association does not purchase the propem� it is offered for sale, the ow-ner ma}� not subsequently sell the property to another purchaser at a price lower �han the pnce at ��fiich it was offered for sale to the cooperati��e association unless the cooperatit e association approves the sale; (d) a minimum of 4U percent of the cooperati�-e association's members must have incomes at or less than 60 percent of area median eross income as determined by the Clnited States Secretary of Housing and Urban Development under section 142(d)(2)(B) of ihe Internal Revenue Code of 1986, as amended through December 31, 1991. For purposes of this clause, "member income' means the income of a member existing at the time the member acquires cooperati��e membership; (e) if a limited partnership owns the property, it must include as the managing gen- eral partner a nonprofit organization operating under the provisions of chapter 3 t 7A and qualif}�ing under section �O1(c)(3) or �01(c)(4) of the Internal Revenue Code of 19S6, as amended through December 31, 1990, and the limited partnership agreement must pro��ide that the managing general partner ha��e sufficient powers so that it materi- all� panicipates in the management and control of the limited partnership; ( fl prior to becoming a member of a leasehold cooperative described in this subdi- �-ision, a person must have received notice that (1) describes leasehold cooperative propert}� in plain language, including but not limited to the effects of classification under this subdivision on rents, property taxes and tax credits or refunds, and operating expenses, and (2) states that copies of the anictes of incorporation and bytaws of the cooperative association, the lease betw�een the owner and the cooperative association, a sample sublease between the cooperative association and a tenant, and, if the owner is a partnership, a copy of the limited pannership agreement, can be obtained upon •�ritten request at no charge from the owner, and the owner must send or deliver the materials within se��en days after receivinQ any request; (g) if a dwelling unit of a building was occupied on the 60th day prior to the date on �t-hich the unit became (easehold cooperati�•e p�operty described in 2his subdivision, the notice described in paragraph (� must ha��e been sent by first dass mail to the occu- pant of the unit at least 60 da�s prior to the date on which the unit became leasehofd 21.10 273.124 TA\ES; LISTING, ASSFSS�IENT �096 cooperative property. For purposes of the notice under this paragraph, the copies of the documents referred to in paragraph (� may be in proposed version, provided that an�� subsequent material aiteration of those documents made after the occupant has requested a copy shall be disclosed to any occupant who has requested a copy of the document. Copies of the articies of incorporation and certificate of limited partnership shall be filed with the secretary of state after the expiration of the 60-day period unless the change to leasehold cooperative status does not proceed; (h) the county attorney of the county in which the property is located must certif�� to the assessor that the property meets the requirements of this subdivision; (i) the public financing received must be from at least one of the following sources�: (1) tax increment financing proceeds used for the acquisiiion or rehabilitation of the building or interest rate write-downs relating to the acquisition of the building; (2) government issued bonds exempt from taxes under section 103 of the Internal Revenue Code of 1986, as amended through December 31, 1991, the proceeds of whicti are used for the acquisitior► or rehabilitation of the building; (3) programs under section 221(d)(3), 202, or 236, ofTitle II of the Nat'ronal Hous- ing Act; (4} rental housing program funds under Section 8 of the United States Housin�; Act of 1937 or the market rate family graduated payment mortgage program funds administered by the Minnesota housing finance agency that are used for the acquisitiorr or rehabilitation of the building; (5) low-income housing credit under section 42 of the Internat Reve�ue Code of 1986, as amended through December 31, 1991; (6) public financing provided by a local government used for the acquisition or rehabilitation of the building, including grants or loans from.(i) federal communit� development .block grants; (ii) HOME block grants; or (iii) resideniial rental bonds issued under chapter 474A; or (7) other rental housing program funds provided by the Minnesota housing finance agency for the acquisition or rehabilitation of the building; (j) at the time of the initial request for homestead classification or of any transfer of ownership of the property, the governing body ofthe municipality in which the prop- erty is located must hold a public hearing and make the following findings: (1) that the granting of the homestead treatment of the apartment's units will facil- itate safe, clean, afTordable housing for the cooperative members that would othent ise not be available absent the homestead designation; (2) that the owner has presented information satisfactory to the governing bod� showing that the savings ga,-nered from the homestead designation of the units will bc used to reduce tenant's rents or provide a level of furnishing or maintenance not possi- ble absent the designation; and (3) that the requirements of paragraphs (b),'(d), and (i) have been met. Homestead treatment must be afForded to units occupied by members of the coop- erative association and the units must be assessed as provided in subdivision 3. pro- vided that any unit not so occupied shali be classified and assessed pursuant to thc appropriate class. No more than three acres of land may, for assessment purposes. b� included «�ith each dwelling unit that qualifies for homestead treatment under this sub- division. Subd. 7. Leased buiidings or land. For purposes of class 1 determinations, homc'- steads include: (a) buildings and appurtenances owned and used by the occupant as a permanent residence which are located upon land the title to which is vested in a person or entit} other than the occ�pant; (b) all buildings and appurtenances located upon land owncd by the occupanrand used for the purposes of a homcstead together with the land upon which thc} �� located, if all of the following criteria are met: 21.11 ■ 1097 :: . (1) the = (2) the � against the �� - -� (3) the Y=: and appurt `:�'; (4) the -:-�:_- ; : -'::=` , �: (5) the �:',�-; ertY was pc � -,,:, AnY t� � county asse ;`:=� `section 27: �. . occupying >:�::`< � Subd. ;�:_: ily farm co - 1;�: lb under sc homestead �' ' actively en �� Homesteac 3,� .. . «t= poration or .��_;, , . Corporatio� 4� > ,?� , tlie numbe ��_ :, exceed 12. :�` (b) In by corpora' �- tural land , �-.. F;.=`_ ;�:. engaged in - •' as class 2a �`- �,. $�Ph �b)> t � land surrox ��..;; the use of i �. r be located �`� �'`- Subd. �, : used for th � = >- We purpos �r.,= . . _ ,,_ Any t� . �`" ' assessor, c `4:=�° 273.063, ir -_ � this subdi� � '� = that is pan . stead by J� � � _, �:= ' The o � ` their asses �; vided in tl ' If hon s vrill classi� � � ..�;yai-payablein � "� this subdi� } �`' entitled to 375.192. -' The c � �,,�,wcounty no � ��, ment to fi �..�+.�„_:.... 3 - -�.;.: �. suba. �-: � � ��-�.' chased for ` -: chaser is p ;,bY reason }: RESOLUTION NO. - 1995 RESOLUTION MARING CERTAIN FINDING3 REGARDING HOMESTEAD TAX TREATMENT OF PROPERTY IN HYDE. PARR BEING PURCHASED BY ANORA COUNTY COMMIINITY ACTION PROGRAM, INC. WHEREAS, Minnesota Statutes Section 273.124, subd. 6(j) specifically requires that the City, where the leasehold cooperative is located, must make findings regarding the property in order for the cooperative to obtain homestea� tax treatment under that statute. NOW, THEREFORE, BE IT RESOLVED, that the City of Fridley finds that the granting of homestead tax treatment for the properties located at 6008 - 2nd Street, 5908 and 5916 - 2 1/2 Street in Fridley, Minnesota, will facilitate safe, clean, affordable housing for the cooperative members that would otherwise not be available absent the homestead designation for those properties; and BE IT FURTHER RESOLVED, that the City of Fridley finds that ACCAP has presented information satisfactory to the City of Fridley showing that the savings obtained from the homestead tax designation of these properties will be used to reduce the tenants' rents or provide a level of furnishing or maintenance not possible absent the designation of homestead; and BE IT FURTHER RESOLVED, that the City of Fridley finds that ACCAP has submitted documents showing that the cooperative association will have a lease for occupancy of the property for a term of at least 20 years which allows the association to participate materially in the management of the property, and that a minimum of 40% of the cooperative association members will have incomes of 60% of the area median gross income, and that ACCAP will be obtaining financing for this project from the Minnesota Housing Finance Agency. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1995. ATTEST: WILLIAM J. NEE - MAYOR WILLIAM A. CHAMPA - CITY CLERK 2�.�G ITO: WILLIAM W. BURNS, CITY MANAGER ,�� I FROM: RICHARD D. PRIBYI,, FINANCE DIRECTOR SUBJECT: RESOLUTION PROVIDING FOR A WATER RATE INCREASE D�TE: January 6, 1995 As part of the 1995 Budget Conference session, Staff was able to review with Council the issues causing the need for a water rate increase effective with the February, 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 af tiers and associated rates. It was the direction from Council, at that time, that the rates would be held constant through 1994. We have now passed through a S year period in which the water rates have been held constant. We have done pro-formas attempting to estimate both revenues and expenses in order to project the income or loss for the next 5 years. I have attached to this memo two projections; the 6rst, shows the results of operation for the ne�ct five years without a rate increase, and the second projection shows the next five years with a rate increase. Without an increase in rates we could lose up to another $1,500,000 over the nelct 5 years, if our consumption history and other assumptions remain constant. Our recommendation is to inerease the 0- 5,0�,000 gallon range 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 shouid 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 loss in operations for 1995, even with this recommended change. If Council approves this resolution, the increased water rate will still put t�e average homeowner on the lowest end of the cost comparison. This increase would be effective for the 6rst billing in February of 1995. 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N m � c .� U m U L � RESOLUTION NO. - 1995 RESOLUTION PROVIDING FOR WATER RATE CHANGE WHEREAS, Section 402.13 of the City code provides that the City Council shall have the authoriry to set water rates by resolution, and Whereas, the rates have not been increased since October l, 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 RFSOLVED, 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 0 - 5,000,000 OVER - 5,000,000 $.66/1,000 Gal/Minimum $7.92 $.70/1,000 Gal BE IT FLJRTHER RESOLVED, that the City Council hereby provided a reduced rate schedule for qualifying low income senior citizens and disabled citizens as follows: SE1vIOR CITIZEN RATE SCHEDULE 1 11! 1!1 $.44/1,Q00 Gal/Minimum $5.28 The following criteria must be set to qualify for the low income senior citizen rate: The senior citizens must occupy single family or double bungalow units. The senior citizen rate does not app(y to apartments, commercial, industrial, institutional, or other. 2. The customer or person having responsibiliry 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. The person must certify that the total household incorne is less than the low income level defined by the Department of Housing and Urban Development. One method of veri�cation may include reviewing a copy of the past year's Federal Tax Form. The following critcria must be met in order to qualify for the low income disabled citizen rate: 22.�4 RESOLUTION NO. - 1995 RESOLUTION PROVIDING �OR WATER RATE CHANGE PAGE 2 1. Disabled citizens must provide a copy of an award letter from the Social Security Administration indicting that the individual is one hundred percent (10(1%) disabled. 2. The person must certify that the total household income is less than the low income level defned by the Department of Housing and Urban Development. One method of verification may include reviewing a copy of the past year's Federal 1040 Tax Form. 22.05 � _ � DATE: TO: FROM: Community Development Department PLANIVING DIVISION City of Fridley January 5, 1995 � �' - William Burns, City Manager,�_ Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator SUB,TECT: First reading of an ordinance approving Request ZOA #94-04, by Dave McIntyre of Environmental, for property located in Northern Industrial Center. a Rezoning Ceres the Burlington At the request of the City Council on December 19, 1994 staff inet with the developer and City Attorney to further analyze the use of lots 1 and 2, Great Northern Industrial Center. Upon further review, it is staff's opinion that this use does require an M-3 zoning designation. An M-2 designation with a special use permit is not possible under the language of M:-2 district as it is written. This opinion is based on the intended use of the building and land. The maintenance/storage use, combined with an extremely small interior storage/maintenance footprint (6400 s.f. garage area or approx. 5� of site) indicates that outdoor storage will be required as a portion of the principal use and is not ineidental to that principal use. The combined outdoor storage areas measure approximately 45,134 s.f. or 37% of the site. The remaining 58% of the site consists of guest and employee parking, landscape area and pond. Properly zoned M-3 land is available in Fridley. Steve Johnson, Ceres Environmental indicated that due to the price and size both being larger than what Ceres desires, a consolidation of efforts would have to happen within their organization. One likely outcome would be the closing of the Maple Grove Timber Recycling Facility. That facility would then be located on the larger M-3 property in Fridley. That consolidation/closure would help to justify their added land costs and would assure they were fully utilizing their site. The timber recycling facility discussed would reguire a special use permit in accordance with M-3 zoning requirements. It should be noted that this facility would be close to adjacent 23.01 Ceres Environmental Rezoning Request January 6, 1995 PAGE 2 residential, immediately west of the Hickory M-3 site. Potential impacts of timber recycling would require special stipulations to assure compatibility. RECOMMENDATION Staff maintains its original position that a rezoning to M-3 is required; a special use permit in M-2 is not possible as code is currently written. Though the Planning Commission recommended approval of the rezoning request, staff believes the policy issue to be decided is whether another M-3 district should be created in the City. SH/ M-95-26 23.02 I _ � DATE: TO: FROM: Community Development Department PLANNING DIVISION City of Fridley January 5, 1994 William Burns, City Manager Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator SUB.TECT: First reading of an ordinance approving a Rezoning Request ZOA #94-04, by Dave 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, generally located east of 5101 Industrial Boulevard, north of FMC, and adjacent to the BurZington Northern mainline. (Ward 3) (Tabled December 19, 1994) At the request of the City Councii on December 19, 1994 staff inet with the developer and City Attorney to further analyze the use of lots 1 and 2, Great Northern Industrial Center, as a office, maintenance, and outdoor storage facility by Ceres Environmental. As you may recall, a question was raised as to whether an M-3, Outdoor Intensive zoning designation is required for the use as proposed. The alternative suggested at the December 19, 1994 City Council meeting was an M-2, Heavy Industrial zoning with a Special Use Permit for exterior storage of materials, equipment or motor vehicles, incidental to the principal operation of the use. DESCRIPTION OF IISE Ceres representatives have indicated that this site will be utilized as their administrative offices, and equipment maintenance facility. To better explain the type of equipment maintained at the proposed facility, Ceres provided an equ.ipment inventory. Ceres indicated that outdoor storage will occur within proposed screened storage areas. Company representatives have also indicated that though their inventory packet contains 75 pieces of equipment, an estimated maximum of 30� (23 pieces) of that equipment will be stored on site, the remaining equipment will be out on other job sites. Because of the large size of much of the equipment Ceres owns, storage cannot occur within the small building. Also, because of items such as snow remova:L equipment, the City could expect a certain percentage of seasonal 23.03 inventory to be stored on site during off seasons. You will note, the new site plan better describes where this storage is anticipated to occur. Staff views this use as a combination of 3 elements. These elements are: -- office -- repair -- storage ZONING ANALYSIS The M-2 district contains the following special use permit provision: (12) Exterior storage of materials, equipment, or motor vehicles, incidental to the principal operation of the use, except under the following conditions: (a) Motor vehicle storage is conducted as provided in section 205.18.08.D(5).; (b) Materials, motor vehicles, and equipment are kept in a building or are fully screened so as not to be visible f rom : (i) a residential district acljacent to the use, or (ii) a residential district across a public right-of-way from the use, or (iii) a public park adjacent to the use, or (iv) a public right-of-way adjacent to the use. (�) Materials, motor vehicles, and equipment stored outside do not exceed fifteen (15) feet in height; (d) Screening materials are provided as in Section 205.18.06.G. (1).(a), The purpose of the M-3 district is to: A• Allow for heavy industrial and outdoor intensive uses within the City, B• Control the location of outdoor intensive uses to areas where such uses would be more compatible with adjacent uses and zoning. C• Allow for the proper screening and buffering for outdoor intensive uses. The Uses Permitted portion of the M-3 language includes: 23.04 (3) Uses whose principal use requires the outdoor storaqe of materials, motor vehicles, or equipment, includinq the outdoor manipulation of said materials, motor vehicles, or equipment. Staff's opinion regarding the M-3 requirement for this proposal is based on their understanding of the intended use of the building. The maintenance/storage use, combined with an extremely small interior storage footprint (6400 s.f. garage area) indicates that outdoor storage will be required as a portion of the principal use and is not incidental to that principal use. The combined outdoor storage areas measure approximately 45,134 s.f. PERCENTAGE BREARDOWN FOR ELLMENTS ON SITL ELEMENT Site: Bldg: Impervious Surface: -- Drive: -- Parking Sp.: -- Potential Storage: Gravel Storage: Landscape/ pond: S.F. DIMENSION 121,634 s.f. 8,320 s.f. 32,450 s.f. (4,176 s.f.=3�) (4,140 s.f.=3�) (24,134 s.f.=21$) 21, 000 s. f . (+/-) % OF SITE 100� 7$ 27 % 17% 59,600 s.f. (+/-) 51% DEVELOPMENT POTENTIAL OF THIS INDIISTRIAL SITE Though the development potential of this site has been questioned by the petitioner and his professional real estate representative, staff believes there is dsvelopment potential on this site for a larger building (of approximately 30,000 s.f.). Therefore, there is potential for a use that could contain the bulk of its operations inside a building. Recent sales in this industrial development area indicate a renewed interest in the Great Northern Industrial Center, and this renewed interest combined with a lack of vacant property in this region will undoubtedly increase development potential of this subject parcel. OTHER M-3 PROPERTY TO ACCOMODATE THIS IISE Steve Johnson of Ceres Environmental has indicated that they are considering other alternatives in Fridley and elsewhere. A site that has been considered is a 6.22 acre site on Hickory Street. This site has been appropriately zoned (M-3) and would allow outdoor storage. Mr. Johnson indicated that due to the price and 23.05 size both being larger than what Ceres desires, a consolidation of efforts would have to happen within their organization. One likely outcome would be the closing of the Maple Grove Timber Recycling Facility. That facility would then be located on the larger M-3 property in Fridley. That consolidation/closure would help to justify their added land costs and would assure they were fully utilizing their site. The timber recyclinq facility discussed would require a special use permit in accordance with M-3 zoning requirements. It should be noted that this facility would be close to adjacent residential, immediately west of the Hickory M-3 site. Potential impacts of timber recycling would require special stipulations to assure compatibility. CONCLUSION A M-3 rezoning decision on the Great Northern Industrial Center parcels must be made by the City Council. At the December 19, 1994 meeting, the Council tabled the action on the rezoning so that all Council members are present. A 4/5ths vote is required to approve a rezoning. One positive attribute of this proposal is that the site is located in a portion of the community that is surrounded by industrial and rail uses. RECOMMENDATION Staff maintains its original position that a rezoning to M-3 is required; a special use permit in M-2 is not possible as code is currently written. Though the Planning Commission recommended approval of the rezoning request, staff believes the policy issue to be decided is whether another M-3 district should be created in the City. SH/ M-95-8 23.os NO. ORDINANC$ TO AMEND THE CITY CODE OF TH$ CITY OF FRIDLEY, MINNESOTA BY MARING A CiiANGE IN ZONING DISTRICTS The Council of the City of Fridley does ordain as follows: SECTION 1. Appendix D of the City Code of Fridley is amended as hereinafter indicated. Be and is hereby rezoned subject to the stipulations adopted at the City Council meeting of , 1995. SECTION 2. 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. 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 M-2, Heavy Industrial to M-3, Heavy Industrial, Outdoor Intensive. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1995. WILLIAM J. NEE - MAYOR ATTEST: WILLIAM A. CHAMPA - CITY CLERK Public Hearing: December 5, 1994 First Reading: Second Reading: Publication: 23.07 � STAFF REPORT Community Deveiopment Department Appeals Coiiimission Date Planning Coininission Datc : November 2, 1994 City Council Date : December 19, 1994 Januarv 9. 1995 APPLICATION NIIMBER: Rezoning request, ZOA #94-04 PETTTIONER• David McIntyre for Ceres Environmental, Inc. LOCATION• Lots 1 and 2, Block Generally located on Company. REOIIEST• 3, Great Northern Industrial Center. Ashton Avenue east of Pearlman Rocque 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. BACKGROUND• 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 23.08 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 i and 2 must be consolidated as one site to meet the minimum standards defined by the development covenants. **stipulation** M-3 Zoninq District Lots 1 and 2, Block 3, Great Northern Industrial Center East shall be consolidated as one tax 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. ANALYSIS: 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.). Steve Johnson of Ceres Environmental has indicated primary items to be stored on the Fridley site are equipment and occasionally sand and salt related to 23.09 that the their heavy 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 ta 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 preiiminary plans, staff did not believe that the outdaor storage provisions of the M-2 zoning district would be met 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 as a district which allows outdoor intensive uses. Criteria for Considerinq a Rezoninq Request 1. 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. 23.10 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 parking related to that larger principal use. West - zoned M-2, Heavy Industrial, which is Pearlman Rocque, a transfer faciZity for restaurants including 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 appeared to beits location against the railroad tracks; and a 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 greater 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 couZd 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. 23.11 Staff Report ZOA #94-04, by Ceres Environmental Page 5 Site Plan Review and Recommended Stipulations Lot Size Current Zoning Proposed Zoning Setbacks: Front Yard Side Yard Rear Yard Driving Aisle **stipulation** Parking: Stalls Handicapped stalls) Gravel Spaces Green Space Satback 2.79 acres M-2, Heavy Industrial M-3, Heavy Industrial Outdoor Intensive 63 feet (code requires 35 feetj 100-r feet (code requires 20 feet) 25 feet (code requires 25 feet) One-way circulation The parkinq area shall include signs and surface stripinq to identify a one-way circulation pattern. 21 stalls proposed (code requires 19 stalls) one stall proposed (code requires one per 50 Not permitted by code Al1 setbacks meet code except five foot setback from property line on the eastern boundary of the site. **stipulation** A five foot setbaak for landscaped area must be established alonq the eastern property line, runainq from the north to the south propertp 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. 70 (code allows 35% for a two story building. 25 feet (code allows 65 feet) 26 feet (code allows 30 feet) Staff has determined that the landscaping is insufficient to serve the screeni�g requirements as outlined in the M-3 district. **Stipulation** The landscape plan shall be modified to include additional plantinqs for seasonal color and screeninq. This plan shall be reviewed and approved by City staff. 23.12 Staff Report ZOA #94-04, by Page 6 Screening Ceres Environmental Outside storage 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 water pone). The Engineering Department staff has reviewed this proposal and a verbal update will be presented at the Planning Commission meeting. **stipulation** The petitioner shall comply with the Enqineerinq Department requirements specified in Scott Erickson•s memo date8 October 28, 1994. **stipulation** All surfaces intended for drives or parkinq/ storaqe of equipment shall be surfaced with concrete or asphalt. RECOMMENDATION STIPIILATION3: 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 would be an "island" of outdoor activity in a predominantly industrial park setting. Staff recommends that the Planning 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. 23.13 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 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 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 RECOMMENDATION The Planning Commission concurred with staff's alternative (if rezoned) recommendation with one modification. The Planning Commission recommended that the petitioner's request to allow: gravel surfaces in the storage yard be approved. This conflicts with both 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 COUNCIL RECOMMENDATION 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. 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Q VJ � �`Yyw /_j � �y I � ` E-1 � � � � £ � � , ,. . , � j'i ��,�S'�°' ; �;=' " - �� , ,L�-,Y. �: :,_s:. ;�;i ''''j � _ _. =` . : �1 �:� ; C= �= -„: .°... :� � � ^� . � u ti�;) i"li ' � ,rP�� "��... �tf.8i •,� ��qlC�� - � �. - 1 { ---_� `� . ".... '�' •; .-%� % ��Vi::` ._ � r ;t � . i �.--� �' �J � f�, 1 ��,r'� ^ � '�_ .". �,r`�' ,s. �.=�*,T�ir . . . C� / - � . Itio �u : o« , i i �� / �; � ` " n,�� : • ��,, ` ' �.: a. � �� ,_� .i � � . ' � �� ,�� : � J:�� " iu � ,i: � � J.. �/: i(. . ST.R��C.,' I� i' . , ,;'�f' / �� . � • /' % 7 � �J 1-' � _�!' , � ! �- 23.23 �� ,- - - , r`:- � _ , � ' r � � i< f� i: . � .. ;>�. . (11) Junk yards or the baling of material when totally enclosed within a building structure and the Council approves the location proposed. (12) Exterior storage of materials, equipment, or motor vehicles, incidental to the principal operation of the use, except under the following conditions: (Ref. Ord. 995) (a) Motor vehicle storage is conducted as provided in Section 205.18.08.D.(S).; (b) Materials, motor vehicles, and equipment are kept in a building or are fully screened so as not to be visible from: �i) a residential district adjacent to the use, or (ii) a residential district across a public right-of- way from the use, or (iii) a public park adjacent to the use, or (iv) a public right-of-way adjacent to the use. (c) Materials, motor vehicles, and equipment stored outside do not exceed fifteen (15) feet in height; (d) Screening materials are provided as in Section 205.18.06.G.(1).<a). (13)_Sexually oxiented businesses as�defined and regulated in. � Chapter 127 of the Fridley City Code.. Sexually oriented businesses in multi-tenant buildings shall maet the standards required for commercial uses as stated in. Section 205.18.O1.C.(3). (Ref. Ord 966) D. Additional Restrictions. For uses, other than principal uses, requirements as to lot size, setbacks, building, parking, landscaping, screening, etc., shall be at least comparable to similar uses in other districts, but also subject to additional provisions as provided by the City. 2. USES EXCLUDED A. Any use allowed or excluded in any other district unless specifically allowed under Uses Permitted of this district are excluded in M-2 Districts. B. Uses which may be dangerous or otherwise detrimental to persons residing or working in the vicinity or to the general welfare and which may impair the use, enjoyment or value of any property. C. Manufacture of acetylene, acid or any other type explosive. D. Stock }'ards or slaughter houses, except of poultry or rabbits. 205.18.02. USES EXCLUDED b/92 23.G� 205 . M2-4 �' � t, _ i � ��'.,. 205.19.03:� • (4) Oif-streec parking facilities. (5) Off-street loading facilities. / ( (6) Solar energy devices as an integral part of the principal structure. (7) Business signs for uses permitted. C. Uses Permitted With A Special Use Permit. The following are uses permitted with a Special Use Permit in M-3 Districts: (1) Cement, lime, gypsum or plaster of paris manufacture. (2) Stone quarry, gravel pit, rock crushing and cutting, gravel and sand washing and grading, (3) Recycling facility. (4) Exterior storage of materials, equipment, and motor vehicles incidental to the operation of the principal use, except under the following_conditions: (a) Motor vehicle storage is conducted as provided in Section 205.I9.08.D.(5).; (b) Materials, motor vehicles, and equipment are kept in r a building or are fully screened so as not to be visible � from: (i) a residential district adjacent to the use, or (ii) a residential district across a public right-of- way from the use, or ' (iii) a public park adjacent to the use, or (iv) a public right-of-way adjacent to the use. (d) Materials, motor vehicles, and equipment stored outside do not exceed fifteen (15) feet in height; (e) Screening materials are provided as in Section 205.19.06.G.(1).(a). " 3. USES EXCLUDED USES A. Any use allowed or excluded in any other district unless EXCLUDED specifically allowed under Uses Permitted of this district are excluded in M-3 Districts. B. Uses which may be dangerous or otherwise detrimental to persons residing or working in the vicinity or to the general ' welfare and which may impair the use, enjoyment or value of any property. 6�92 23.25 205 . M3-2 � � Community Development Department � PLAIVNING DIVISION City of Fridley DATE: January 5, 1995 TO: William Burns, City Manager �� FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Special Use Permit Request, SP #94-18, by Lawrence Feldsien of Sinclair Marketing; 6290 Highway 65 N.E. The Planning Commission reviewed the special use permit request to allow automotive repair associated with a fuel dispensing station in the C-3, General Shopping Center district at its December 14, 1994 meeting. The Commission voted unanimously to recommend approval of the request to the City Council, with the following stipulations: 1. A fenced screening area to the rear of the building shall be created. Fencing shall be eight feet in height, board on board design, with an opaque gate (see improvement pZan for fence locationsj. Used tires, the dumpster, and the waste oil tank shall be stored within the storage area. 2. No junk vehicles shall be stored on-site. 3. Vehicles leaking fluid shall not be stored outside without a device to prevent fluids from running off-site. 4. The signage shall comply with Chapter 214 of the City Code. 5. Alterations to the site shall comply with the UBC and UFC. 6. Additional landscaped areas lined with concrete curb as indicated on the improvement plan shall be provided by the petitioner on-site. The landscaped areas shall include underground irrigation. The landscaped areas shall include sod or seed, three ornamental trees, and shrub beds with evergreen and deciduous shrubs, to be completed on or beiore December 31, 1998 or at the time of the installation of underground tanks, whichever occurs first. 24.01 Sinclair Marketing SUP January 5, 1995 Page 2 7. There shall not be any outdoor storage outside of the screened yard area except for licensed motor vehicles which are parked in designated parking stalls provided they are not parked outdoors for more than 48 continuous hours. 8. The drive aisles shall be reduced to 32 feet, to be completed on or before December 31, 1998 or at the time of the installation of underground tanks, whichever occurs first. 9. In the event that the structure is remodeled so that the overhead doors are located other than on the east side of the building, the special use permit shall be reviewed. 10. If additional parking areas are designated above and beyond what is shown on the submitted plan, these parking areas must be approved by City staff in accordance with the ordinance. RECOMMENDATION In addition to the above stipulations recommended by the Planning Commission, staff recommends the addition of one stipulation: 11. At the time the improvements in Stipulations #6 and #8 are started, the petitioner shall submit a performance bond of $5,000 to cover them. MM/dw M-94-760 24.02 �� S TAFF REP O RT Community Development Department Appcals Coitiinission Datc Planning Cominission Datc: December 14, 1994 City Council Date : January 9, 1995 APPLICATION NIIMBER: Special Use Permit Request, SP #94-18 PETITIONER• Lawrence Feldsien for Sinclair Marketing LOCATION• 6290 Highway 65 N.E. REQIIEST• To allow automotive repair associated with a fuel dispensing station located in the C-3, General Shopping Center District. BACRGROOND• An automotive repair use existed on the property until 1974 at which time the repair use was discontinued. The fuel dispensing portion has continued to operate since 1974. The building was constructed in 1958; the zoning was C-2S, General Shopping Center. Automotive uses were pernuitted uses in that district at the time the building was constructed and the automotive repair use commenced. In 1969, the zoning code was amended to require special use permits for automotive uses in the C-2S district. The City later renamed the district to C-3, General Shopping Center District. ANALYSIS• A new tenant wants to reopen the automotive service portion of the building. Hours are proposed from 7:00 a.m. to 9:00 p.m., Monday through Saturday, with less than 8 hours on Sunday. Two service bays exist within the building with two overhead doors facing Highway 65. The petitioner proposes to close two windows along the south facade of the building. The service bays were covered over and a brick planter constructed in front of the bay doors in 1974. The petitioner proposes to conduct the following services: tune-ups, brakes, belt replacement, tire repair, batteries, oil change, and radiator flush and fill. The petitioner anticipates servicing 10 - 20 cars per day. 24.03 Staff Report SP #94-18, by Sinclair Marketing Page 2 In reviewing the file, no adverse comments were noted regarding operation of the previous repair business. The character of the surrounding development has changed since the building was constructed and the automotive use initiated. Residential development has occurred to the west. In addition, commercial development has occurred on all sides of the subject parcel. The petitioner is proposing to intensify the use. In order to alleviate the impact, staff recommends the following improvements: 1. Vehicles waiting for service shall be stored in a fenced screening area to the rear of the building. Fencing shall be eigh� feet in height, board on board design with an opaque gate (see "improvement plan" for fence locations). Used tires shall also be stored within this storage area. 2. No junk vehicles shall be stored on site. 3. Vehicles leaking fluids shall not be stored outside without a device to prevent fluids from running off site. 4. The signage shall comply with Chapter 214 of the City Code. 5. Alterations to the bays shall comply with the UBC and UFC. 6. Additional landscaped areas lined with concrete curb as indicated on the improvement plan shall be provided by the petitioner on site. The landscaped areas shall include underground irrigation. The landscaped areas shall include sod or seed, three ornamental trees, and shrub beds with evergreen and deciduous shrubs. 7. Any vehicles waiting overnight for repair shall be stored within the building or the fenced storage area. 8. The drive aisles shall be reduced to 32 feet. 9. Both overhead doors shall remain closed except to allow vehicles to be moved in and out of the service bays. 10. The petitioner shall submit a performance bond of $5,000 to cover the outdoor improvements. RECOMMENDATION/STIPULATIONS: The request does not adversely impact surrounding properties or use. Staff recommends that the Planning Commission recommend 24.04 Staff Report SP �94-18, by Sinclair Marketing Page 3 approval of the request to the City Council with the following stipulations: l. Vehicles waiting for service shall be stored in a fenced screening area to the rear of the building. Fencing shall be eight feet in height, board on board design with an opague gate (see "improvement plan" for fence locations). Used tires shall also be stored within this storage area. 2. No junk vehicles shall be stored on site. 3. Vehicles leaking fluids shall not be stored outside without a device to prevent fluids from running off site. 4. The signage shall comply with Chapter 214 of the City Code. 5. Alterations to the bays shall comply with the UBC and iJFC. 6. Additional landscaped areas lined with concrete curb as indicated on the improvement plan shall be pravided by the petitioner on site. The landscaped areas shall include underground irrigation. The landscaped areas shall include sod or seed, three ornamental trees, and shrub beds with evergreen and deciduous shrubs. 7. Any vehicles waiting overnight for repair sha11 be stored within the building or the fenced storage area. 8. The drive aisles shall be reduced to 32 feet. 9. Both overhead doors shall remain closed except to allow vehicles to be moved in and out of the service bays. 10. The petitioner shall submit a performance bond of $5,000 to cover the outdoor improvements. PLANNING COMMISSION ACTION The Planning Commission voted unanimously to recommend approval of the special use permit request to the City Council with the following amended stipulations: 1. A fenced screening area to the rear of the building shall be created. Fencing shall be eight feet in height, board on board design, with an opaque gate (see improvement plan for fence locations). Used tires, the dumpster, and the waste oil tank shall be stored within the storage area. 2. No junk vehicles shall be stored on-site. 24.05 Staff Report SP #94-18, by Sinclair Marketing Page 4 3. Vehicles leaking fluid shall not be stored outside without a device to prevent fluids from running off-site. 4. The signage shall comply with Chapter 214 of the City Code. 5. Alterations to the site shall comply with the UBC and UFC. 6. Additional landscaped areas lined with concrete curb as indicated on the improvement plan shall be provided by the petitioner on-site. The landscaped areas shall include underground irrigation. The landscaped areas shall include sod or seed, three ornamental trees, and shrub beds with evergreen and deciduous shrubs, to be completed on or before December 31, 1998 or at the time of the installation of underground tanks, whichever occurs first. 7. There shall not be any outdoor storage outside of the screened yard area except for licensed mator vehicles which are parked in designated parking stalls provided they are not parked outdoors for more than 48 continuous hours. 8. The drive aisles shall be reduced to 32 feet, to be completed on or before December 31, 1998 or at the time of the installation of underground tanks, whichever occurs f irst . 9. In the event that the structure is remodeled so that the overhead doors are located other than on the east side of the building, the special use permit shall be reviewed. 10. If additional parking areas are designated above and beyond what is shown on the submitted plan, these parking areas must be approved by City staff in accordance with the ordinance. CITY COUNCIL RECOMMENDATION Staff recommends that the City Council concur with the Planning Commission action with the following additional stipulation: 11. At the time the improvements in Stipulations #6 and #8 are started, the petitioner shall submit a performance bond of $5,000 to cover them. 24.06 SP 9f94-1� 24.07 LOCQTIO�V MAP . • . . ��.r.•.. �� , �\ ,r,T A�� ' � i ' J, � y , � * i �.� t • � �•,• ,., � ! � ,�'v • �j� / � �, \ ' ` �� + � ,' � i ..�.,.. � , : , ,� ,. � � . �� . - : ; , •� � ►�� - ��D • � � .: :,.,� • . , � � - ., � � �. 1 . � � . ""�-�ai�'_ � • " � �►.,wr� . . � � �I .. , � � �� ., ,;� ► • • .. i� �• .�� / ,� �� " �� ` � � �� • �.�`. a �,.�t !� � - - . �r �� , , ;, n -, . �`._.�� , } ■ ; : - : � ' r`r`ri�ielr`! � � • � .� � � '`4..,... ,,,... � ��. 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L. i!la14 �! �,.6 !�i SP �i94-18 Sinclair Marketing _ .�.s::.-�- -.. �. —.. _ - _ __.��. .� 0 NORTH ELEVATION SOUTH ELEVATION o � � 3 Y � 6 i. � i i SCAt--f+ occcac.�rc nAew�nul-99(7(]5-Sf] f 24.12 ��,�,�� 1958 Zoning Code Permitted Uses - C-1 and C-1S Districts which displayed. 4. Automobile display and sales rooms, parking lots and struc- tures, and gasoline service sta- tions, and when accessory thereof, the retail sale of gasoline, oit, grease, and automobile parts and accessories, and the ��-ashing, cleaning, greasing an ser�-�cing �of automo i es, inc u ing minor adjustments and repairs, ut not Qeneral repairs, overhauling, re- building demolition or spray aintin . 5. Bakeries, cafes, confectioneries, and ice cream and soft drinl: shops, including the preparation of food products for retail sale from their sites only. 6. Liquor stores selling packaged goods. 7. Radio (A.A'I. or F.M.) or televi- sion broadcasting stations and transmitters, and micro-�va��e ra- dio relay structures. 8. Theatres, lodges and assembly facilities ha��ing a seating capac- ity of less than 300 persons, but not including outdoor theatres. 9. Other retail stores and shops, offices and small service business- es catering to neighborhood pat- ronage, and similar in character to those enumerated above, not dangerous or other�vise detri- mental to persons residin� or working in the vicinity thereof, or to the public �vvelfare, and not impairing the use, enjoyment or value of any property, except any uses excluded hereinafter. B. USES EXCLUDED: 1. Uses excluded from C-2 and G2S Districts.. 2. Wholesale or jobbing businesses. 3. Manufacturing or processing other than accessory uses custo= inarily incidental to permitted re- tail sales and service ases. 4. Commercial recreation uses such as amusement parks, bowling al- leys, billiard and pool halls, dance halls and skating rinks. 5. Taverns, beer gardens or bars serving any but non-alcoholic � beverages on the premises. 6. Mortuaries. 7_ Used car lots. 7 Section 5.6-US�S PERMITT�D AND EXCLUDED, C-2 AND C-2S DISTRICTS - GENERAL BUSI- NESS AND SHOPPING CENTER DISTRICTS A. USFS PERMI'TTED: 1. Uses Uermitted in C-1 and C-15 Districts, provided that no dwell- ing or d�velling unit is permitted except for employees having dut- ies in connection �vith any prem- ises requiring them to live on said premises, and families of sucl� employees when living with them 2. Advertising signs. 3. Bakeries, candy making. 4. Ears, taverns. 5. Commercial recreation uses. 6. Department stores. 7. Engraving, photoengraving, lith- ographing and publishing plants. 8. Hotels, motels. 9. Household eqiiipmenY repair shops. 10. Laboratories; medicai, dental and optical, and harcnless and in- offensive lzboratories accessory to pe*_':nitted uses, in the same building. 11. Loft buildings. 12. Mortuaries. 13. Music conservatories, dancing studios. 14. Repair and storage garages. 15. Retail, �vholesale and jobbing businesses. 16. Theatres, 1 o d g e s, assembly halls, auditoriums. 17. Tire repair shops. 18. Vocational and trade schools. 19. Warehouses. 20. The following iises, birt only after securing a use permit for the establishment, reconstruction, structural alteration, enlargement or moving of any such use, after approval of such permit by the board of appeais and the city council, and subject to any condi- tions imposed by such use permit, as provided in Section 10 or other section hereof. (a) Bus, taxi and trucic terminals and storage yards; railroad lines, 24.13 0 spurs and pa (b) Creamei• cream plants (c) Docks an .(d) Shops fo similar occup machinist, m painter, tinsn (e) Ice pl, plants, frozen (f) Laundries (g) Used car 21. Other retai or ser�-ice use in character t above, i�-ill rn other��-ise deU residing or �v� ity thereof. ot fare, and �vill enjo�•ment or perty, b::t not excluded here' 22. The follo�ti•: special appro�� cil befcre a pe (1) Ciass 4 dr; defined in the P'ire Under��-r: 32, entitled "� Cleanin� Pla 1956. ( Item 2: nance \ o. 99 1958 ) . B. USES EXCL 1. Any u�e perr Districts or in Districts. 2. Any use exclu tricts or from cept d�vellings . 3. Junk yards. 4. n3anufactur•ir other than an tomarily incide commercial s uses. 5. Any use �vhi< by reason of dust, smoke, � noise, or becau: life, health or F Section 5.7-US AND EXCLU� RICTS - LIGH DISTR.ICI'S A. USES PERM 1. Uses permitte� Districts. TO: FROM: DATE: SUBJECT: �En9ineerui, Sewer Water Parks SlreetS �iMaintenance William W. Burns, City Manager t�� r � John G. Flora�i ublic Works Director January 9, 1995 Sump Pump Ordinance PW95-001 The attached ordinance establishes a program for eliminating clear water from our sanitary sewer system, focusing primarily on sump pumps. This is accomplished by a certificate response program and individual inspection of properties. Incorporated within the ordinance is an incentive section that provides for the City to equally cost share in the remediation work up to a maximum of $4S0 per installation. It also provides for a 3-year assessment process for a City controlled project. These incentives terminate on December 31, 1996. The surcharge for illegal sanitary sewer connections is incorporated at $300 per quarter to comply with our billing process. The ordinance aLso incorporates a penalty clause as a misdemeanor for failure to comply. Upon adoption of the ordinance, we will initiate a public information program on the issue as well as individual mailings followed by property inspections based upon suspect neighborhoods and the residential certificate responses. Recommend this ordinance be approved for first reading to allow sufficient time to inform residents and implement an inspection and corrective program for a compliance date of July 1, 1995. JGF:cz Attachment 25.01 �� '?S�`� ORDINANCE NO. AN ORDINANCE ESTABLISHING CHAPTER 403 ENTITLED "SANITARY SEWER CONNECTIONS" TO THE FRIDLEY CITY CODE The City Council of the City of Fridley does ordain as follows: CHAPTER 403 SANITARY SEWER CONNECTIONS 403.01. PURPOSE In adopting this ordinance, the City Council finds that the discharge of water from any roof, s�face, ground, sump pump, footing tile or other natural precipitation into the City sewerage system will and has on numerous occasions in the past, flooded and overloaded the sewerage system to such an extent as to cause significant and grave damage to the property of large numbers of city residents. Such damage is caused by the backup of sewage into the living quarters of residents, an increase in sewage treatment costs, and in addition to other damage creates a hazard to health. The City Council, therefore, finds it essential to the maintenance of health and to minimize sewage treatment costs and damage to property that the provisions of this ordinance be strictly enforced to avoid emergencies in the future. 403.02. DEFINITION AND METHOD No water from any roof, surface, ground, sump pump, footing tile, or other natural precipitation shall be discharged into the sanitary sewerage system. Dwellings and other buildings and structures which require, because of th.e infiltration of water into basements, crawl spaces and the like, a sump pump system to discharge excess water, shall have a permanently installed discharge line which shall not at any time discharge water into the sanitary sewerage system. A permanent installation shall be one which provides for year-around discharge capability to either the outside of the dwelling, building or structure, or is connected to the City storm sewer or discharges to the street or drainage easement. It shall consist of a rigid discharge line, without valving or quick connections for altering the path of discharge. 403.03. DISCONNECTION Before July 1, 1995, any person, firm or corporation having a roof, surface, ground, sump pump, or footing tile now connected and/or discharging into the sanitary sewer system shall disconnect and/or remove same. Any disconnects or openings in the sanitary sewer shall be closed or repaired in an effective, workmanlike manner, as approved by the City Building Inspector. 403.04. INSPECTION Every person owninq improved real estate that discharges into the City's sanitary sewer system shall allow an employee of the City of Fridley or their designated representative to inspect the buildings to confirm that there is no sump pump or other prohibited discharge into the sanitary sewer system. In lieu of having the City inspect their property, any person may furnish a certificate certifying that their property is in and will remain in compliance with this O dinance. Any person refusing to 25.0� allow their property to be inspected or refusing to furnish a certificate within (14) days of the date City employee(s) or their designated representatives are denied admittance to the property, shall become subject to the surcharge hereinafter provided for. Any property found to violate this Ordinance shall make the necessary changes to comply with the Ordinance and furnish proof of the changes to the City by July 1, 1995. 403.05. FUTURE INSPECTIONS At any future time, if the City has reason to suspect that an illegal connection may exist in a premises, the owner, by written notice shall comply with the provisions of Paragraph 4 above. 403.06. INCENTIVE There ar� a number of inethods to dispose of sump pump effluent. The City's recommended solution is to pump the water into a cistern. Any property which has an existing illegal connection may apply for City financial assistance by requesting a City inspector to verify the illegal connection, have the repair completion verified and submit a receipt for labor and/or materials (self-help labor rate valued at $40). Upon verification of the corrective action and costs, the City wi�l remit to the property owner one-half of the cost to correct the illegal connection to a maximum of $450 per installation. The property owner may petition the City to abate the problem and assess the property owners cost for the corrective work over a 3-year period. This incentive program is in effect until December 31, 1996. 403.07. SURCHARGE A surcharge of $300 per quarter is hereby billing mailed on and after July l, 1995 in compliance with this ordinance. The entire quarter until the property is in 403.08. PENALTIES imposed and added to every sewer to property owners that are not surcharge shall be added for the compliance. Any violation of this Chapter is a misdemeanor and is subject to penalties provided for such violations under provision of Chapter 901 of this Code. 403.09. EFFECTIVE DATE This ordinance shall be effective from, and after its adoption and publication as provided by City Charter. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS TH DAY OF , 1995 ' WILLIAM J. NEE - MAYOR ATTEST: WILLIAM A. CHAMPA - CITY CLERK First Reading: Second Reading: Publication: 25.03 CITY OF FRIDLEY SUMP PUMP INSPECTlONS Account No. Inspection Date: Name: By: Address: Account Type 1 Single Family 2 Duplex 3 Multiple 4 Commercial 5 Institutional 6 Industrial Comments Findinqs In Compliance Non-Compliance/Re-inspection Date Date Surcharge Applied No Connection Sump Pit/No Pump Cistern Discharge Sump Pump (Hard Pumped) Sump Pump Connected to Sanitary Sewer Sump Pump Disconnect from Sanitary Sewer Roof/Gutter Spouts into Basement Other 25.04 December 29, 1994 NOTIFICATION LETTER Dear Resident: The City is being charged ever increas'vng costs for sanitary sewer treatment at the Metropolitan Sanitary Sewer Plant These costs are applied to quantity of flow regardless of conten� As a result, any additional water into tlie sanitary se�ver system from roof drains, sump pumps or groundwater results in increased costs to each propert� owner for no real benefit. . As a means of reducing costs to our residents, the City has adopted Ordinance 403 restricting discharge of roof drains, surface, ground, sump pump and footing tile water into the sanitary sewer system. The ordinance provides for the inspection of properties to enswre there are no illegal connections. To assist in determining the extent of illegal roof drains and sump pump connections into the sanitary sewer system, you are requested to return tlus certificate indicating the property's compliance. A City representative will be inspecting properties to verify code compliance. Effective July 1, 1995 failure to disconnect any illegal connection will result in a$300 per quarter surcharge. If any illegal connections are identified after this date, this will be recorded and the surcharge applied, by quarter, to the sewer bill until the violation is corrected. As an incentive to remove illegal connections, the City will refund one-haLf of an approved disconnect system up to a maxiinum of $450. In addition, you may request the City to complete the disconnection and assess your cost for this improvement over a 3-year period. If you desire any assistance in either inspecting your system or disconnecting any sump pump or roof leaders, call 572-3566. Thank you for your understanding and assistance. John G. Flora Director of Public Works Date Address O There are NO roof drains, surface water, groundwater, sump pump or footing tile drain connections to the sanitary sewer at this property: ❑ There is an ILLEGAL sanitary sewer connection at this property Signed: Written: 25.05 z 0 r-= U w U) � � U 25.06 J Q � �� ,W ;� )� .-� ��U ) n- O )Q� _�~ OZ Q �Y� �V � 'OT - �:� � � � w� �w �_ �� 00 �., �� 0 z� oW �- U x W �w m� Q � �o �� J � ls.. � � a O � W U � Q W J � a � W O m Vp w -, m� O 9= � � Y O U = O � � Y � Z Z }¢-- Q Q� wfjj w Y- F-�= O Z � N � � w � N� w Y"�"1 � \ 1--�� "�--1 � � E� � q a a� � �T� V1 � � W Z O Z W J Q C._) N �- �, � � � CU w � Q A ti � Q' \ C_.) CL' E-- Z U% 0 � W � � � � � �� w � • ; � • 1� i� f�. Y _ - - �qQ4 REPRESENTATIVE: Mayor Pro Tem: Councilmember Dennis L. Schneider �99� APPOINTEE: Anoka County Law Enforcement Council ,ji Re�resentative and 1 Alternate): Councilmember Schneider, Representativs Councilmember Jorgenson, Alternate Suburban Rate Authority (1 Member and 1 Alternate): John Flora, Public Works Director, Rep. Assistant Public Works Director, Alt. Association of Metropolitan l�unicipalities: Councilmember Jorgenson, Delegate Councilmember Bolkcom, Alternate School District Nos 13 and 14 Representative: Councilmember Bolkcom, Representative Councilmember Billings, Alternate School District #16 Representative: Councilmember Billings, Representative Councilmember Schneider, Alternate League of Minnesota Cities: Councilmember Billings, Representative Councilmember Jorgenson, Alternate North Metro Convention & Visitors Bureau: William Hunt, Asst. to the City Manager 26.01 12-31-95 12-31-95 12-31-95 12-31-95 12-31-95 12-31-95 12-31-95 12-31-95 12-31-95 12-31-95 12-31-95 12-31-95 12-31-95 CITY OF FRIDLEY COMMISSION TERMS THAT AILL ERPIRE IN 1995 FOR CITY COUNCIL CON3IDERATION Term �erm Present Members �ires ��ooir, ntee �ires PLANNING COMMISSION (Chapter 6j (7 Members - 3 Year Term) GENERAL Dave Newman 4-1-97 CHAIR VICE-CHAIR CHAIR David Kondrick 4-1-97 PARRS & REC. CHAIR Bradley Sielaff 4-1-94 ENVIRONo QUALITY CHAIR Diane Savage 4-1-95 APPEALS COMM. CHAIR LeRoy Oquist 4-1-95 HUMAN RES. AT Dean Saba 4-1-95 LARGE AT Connie Modig 4-1-96 LARGE �PPEALS COMMISSION (Chapter 6)(5 Members - 3 Year Term) CHAIR Diane Savage 4-1-95 4-1-98 VICE- Larry Kuechle 4-1-96 . CHAIR Kenneth Vos 4-1-96 Catherine Smith 4-1-97 Carol Beaulieu 4-1-97 ENVIRONMENTAL QUALITY AND ENERGY COMMISSION (Chapter 6) (7 Members - 3 Year Term) CHAIR Bradley Sielaff 4-1-97 VICE- Bruce Bondow 4-1-95 4-1-98 CHAIR Dean Saba 4-1-95 4-1-98 Steven A. 5tark 4-1-95 4-1-98 Richard Svanda 4-1-97 Susan Price 4-1-96 John Velin 4-1-96 26.�2 4ii �ii ' ' : � Y ' II • : i,• ' t • • • � = t�• ' HUMAN RESOIIRCES COMMISSION (Chapter 6) (5 Members - 3 Year Term) CIiAIR LeRoy Oquist 4-1-95 � 4-1-98 Charles Welf 4-1-95 4-1-98 Terrie Mau 4-1-96 Clem Coverston 4-1-96 J. Raffesberger 4-1-97 PARRS AND RECREATION COMMISSION (Chapter 6) (5 Members-3 Yr. Term) CHAIR David Kondrick 4-1-97 VICE- Mary Schreiner 4-1-97 CHAIR Richard Young 4-1-95 4-1-98 Tim Solberg 4-1-95 4-1-98 Susan Price 4-1-96 CABLE TELEVISION COMMISSION (Sec. 405.28)(5 Members-3 Yr. Term) CHAIR Ralph Stouffer 4-1-96 VICE- Robert Scott 4-1-97 CHAIR Paul Kaspszak 4-1-97 Burt Weaver 4-1-96 Gen Peterson 4-1-95 4-1-98 POLICE COMMISSION (Chapter 102)(3 Members - 3 Year Term) CHAIR John K. Hinsverk 4-1-97 Mavis Hauge 4-1-95 4-1-98 John Burton 4-1-96 HOIISING AND REDEVELOPMENT AIITHORITY (5 Members - 5 Year Term) CIiAIR Larry Commers 6-9-99 VICE- Virginia Schnabel 6-9-95 4-1-2000 CHAIR John E. Meyer 6-9-96 J. R. McFarland 6-9-97 Duane Prairie 6-9-98 26.03