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05/15/1995 - 4904�:'. OFFICIAL CITY COITNCIL AGENDA COUNCIL MBETING MAY 15, 1995 ,. :� � ,;;,;� �' � ,� � � FRIDLEY CITY COUNCIL MEETING � C11YOf F��-�' ATTENDENCE SHEET MU�.da�{' May 15, 1995 7:30 P.M. PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN PRINT NAME (CLEARLY) ADDRESS .. , A-u� �A� ��_ 7� 1� I� m� �c c-�-c.� �� `�� 4-� l�� v� � �. ��FF �-�E�b�� , � P�� Y� r� Or.� �� sT 3G 3 {�o s�- _�� r �� -��_. �` 7 � � - � �- .�1 ITEM NUMBER � � � SPECIAL FRIDLEY CITY COUNCIL MEETING 4F � � o� MAY 15, 1995 FsiDLEY 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, retigion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation witl be provided to allow individuals witli disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities wha require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE: PROCLAMATIONS: Poppy Day: May 19, 1995 Public Works Week: May 21 - 27, 1995 APPROVAL OF MINUTES: City Council Meeting of May 8, 1995 SPECIAL FRIDLEY C1TY C4UNCiL MEETtNG OF MAY 15, 1995 Page 2 APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS: Second Reading of an 4rdinance Under Section 12.07 of the City Charter to Vacate Streets and Aileys and to Amend Appendix C of the City Code (Vacation Request, SAV #95-01, by the City of Fridley, Generally Located at 5900 Third Street N. E. ) (Ward 3) . . . . . . . . . . . . . . . . . . . . . . . . . 1.01 -1.03 Second Reading of an 4rdinance Under Section 12.06 of the City Charter Declaring Certain Real Estate to be Surpius and Authorizing the Sale Thereof {Generaliy Located at 5900 Third Street N.E.) (Ward 3) . . . . . . . . . . . . . . . . . . . . . . . . 2.0'1 - 2.03 NEW BUSINESS: Estabiish a Public Hearing for June 12, 1995, for a Preliminary Plat Request, P.S. #95-02, by Home Depot USA, Inc., to Replat Tract A, Registered Land Survey #13� into Three Separate Parcels, Generally Located North of 1-694 and East of East River Road (Ward 3) . . . . . . . . . . . . . . 3.01 - 3.02 SPECIAL FRIDLEY CITY COUNCIL MEETING OF MAY 15, 1995 Page 3 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS �CONTINUED): Establish a Public Hearing for June 12, 1995, for a Rezoning Request, ZOA #95-04, by Home Depot USA, Inc., to Rezone from C-2, General Business, and M-2, Heavy industrial, to C-3, General Shopping Center District, Generally Located North of I-694 and East of East River Road (Ward 3) . . . . . . . . . . . . . . 4.01 - 4.02 Resolution Requesting the Six Cities Watershed Management Organization to Resolve the Stonybrook Creek Improvement Project . . . . . . . . . . . . . . . . . . . . . . 5.01 - 5.02 Resolution Approving and Authorizing Signing an Agreement Establishing Working Conditions, Wages and Hours of Employees of the City of Fridley Fire Department for the Year 1995 .. .......,.. 6.01-6.21 Ciaims................................... Estimates ................................. 7.01 :� SPECIAL FRIDLEY CITY COUNCIL MEETING OF MAY 15, 1995 Page 4 ADOPTION OF AGENDA: OPEN FORUM, VISITORS: (Consideration of Items not on Agenda - 15 Minutes) PUBLIC HEARING: Proposed Transfer of Control of CATV Operations in Fridley (Tabled April 24, 1995) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9.01 - 9.09 OLD BUSINESS: First Reading of an Ordinance Recodifying the Fridley City Code, Chapter 206, Entitled "Building Code," by Amending Sections 206.01.02, 206.01.03, 206.01.04, 206.03.01, 206.03.02, 206.05.01, 206.07.07, and 206.10.04 (Tabled May 8, 1995) . . . . . . . . . . . . . . . . . . . 10.01 - 10.35 SPECIAL FRiDLEY CiTY COUNCIL MEETING OF MAY 15, 1995 Page 5 NEW BUSINESS: Variance Request, VAR #95-09, by Wiiliam H. and Nancy L. Wiles, to Reduce the Side Yard Setback from 15 Feet to 5 Feet; to Reduce the Parking Setback from the Public Right-of-Way From 20 Feet to 0 Feet; to Reduce the Hardsurface Setback firom any Property Line from 5 Feet to 0 Feet; to Reduce the Hardsurface Setback from the Main Buiiding from 5 Feet to 0 Feet; and to Permit a Canopy to Encroach into the Adjacent Property, all in Order to Increase the Size of the Building Generally Located at 7429 East River Road N.E. (Ward 3) .....,...... 11.01-11.22 Variance Request, VAR #95-10, by Kenneth Murphy of Fridley Aiano Society, to Reduce the Parking Setback from any Street Right-of-Way from 20 Feet to 10 Feet, to Aflow the Expansion of a Parking Lot, �enerally Located at 5925 University Avenue N.E. (Ward 1) . . . . . . . . . . . . . . . . . .......... 12.01 -12.20 SPECIAL FRIDLEY CITY COUNC�L MEETlNG OF MAY 15, 1995 Page 6 NEW BUSINESS (CONTINUED.�: lnformal Status Reports ADJOURN: ......................... 13.01 SPECIAL MEETING OF THE FRIDLEY CITY COUNCIL AND THE FRlDLEY HOUSlNG AND REDEVELOPMENT AUTHORiTY. � SPECIAL FRIDLCY CITY COUNCIL MCETING OF MAY 15, 1995 i' ��L�� G7YOF FRIDLEY The City of Fridley wiii not discriminate against or harass anyone in the admission or access to, o� treatment, or employment in its services, p�ograms, or activities because of race, color, c�eed, religion, national origin, sex, disabifity, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activitizs. Hea�i�g impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should cantact Roberta Collins at 572-3500 at least one week in advance. (TTDJ572-3534) PLEDGE OF ALLEGIANCE- PROCLAMATIONS- Poppy Day: Ma 19, 1995 f`'� � - F ,�. �:�� Public Works Week: May 21 - 27, 1995 ��.�2R.._�--e-�--/C—e� � APPROVAL OF MINUTES• City Council Meeting of May 8, 1995 L��/�� C�� 'I APPROVAL OF PROPOSED CONSENT AGENDA- OLD BUSINESS: Second Reading of an Ordinance Under Section 12.07 of the City Charter to Vacate Streets and Alleys and to Amend Appendix C of the City Code (Vacation Request, SAV #95-01, by the City of Fridley, Generally Located at 5900 Third Street N.E.) (VVad 3G )��. .`� . , _ , �.01 -1.03 �-� �� '`.'�� ,�.t �� / � Second Reading of an Ordi�ance Under Section 12.06 of the City Cha�ter Oeclaring Certain Real Estate to be Surplus and Autfiorizing the Sale Thereof (Generally �ocated at 5900 Third Street N.E.) (Wa�d 3) . . . . . . . . . 2.01 - 2.03 'I ��z .�,�--..._�.�,--�.� �� /��.�-� ��-r,,- NEW BUSINESS: Establish a Public Hearing for June 12, 1995, for a Preliminary Plat Request, P.S. #95-02, by Home �epot USA, Inc., to Replat Tract A, Registered Land Survey #130 into Three Separate Parceis, Generally Located North of i�94 and East of East River Road (VVard3) .......................3.01-3.02 �_. ��--� �.-�- �`` � Establish a Public Hearing for June 12, 1995, for a Rezoning Request, ZOA #95-04, by Home Depot USA, Inc., to Rezone from C-2, General Business, and M-2, Heavy Industrial, to C-3, General Shopping Center District, Generaily Located No�th of I-694 and East of East River Road (V1/ard 3) ..._ 4.01 - 4.02 � � � �� '` " �— Resolution Requesting the Six CiGes Watershed Management O�ganization to Resolve the Stonybrook C�eek Improvement Project . . . . . . . . . . . . . . 5.01 - 5_02 a�'.i�"�� `—. , Resolution Approving and Authorizing Sig�ing an Agreement Establishing Worlcing Conditions, Wages and Hours of Employees of the City of Fridley Fi�e Departme�t for tfie Year 1995 ... 6.01 - 6.21 /�.). �' � y�/t+ ' ",'.sc^' . C��i��L \ Claims . . . . . . . . . . - - - . . 7.01 ADOPTION OF AGENOA: � �� OPEN FORUM. VISITORS- {Consideration of Items not on Agenda - 15 Minutes) �til PUBLIC HEARlNG: NEW BUSINESS (CONTINUED� Variance Request, VAR #95-10, by Kenneth Murphy of Fridley Alano Society, to Reduce the Paricing Setback from any Street Right-of-Way from 20 Feet to 10 Feet, to Allow the Expansion of a Parking Lot, Gene�ally Located at 5925 University Avenue N.E. (Ward 1) . . . . . . . . . . . . . . . . . . . 12.01 - 1220 �r� � �/Z/_: , _ /f,�ti� �. �y�'�-..........�. � _... ._ �--�-•.�.., . �°�� Infomial Status Reports . . . . . . . . . . . . . . . . . . 13.01 Proposed Transfer of Control of ��,...� CA7V Operations in Fridley (Tabled April 24, 1995) . . . . . . . . . . . . . . . . . . . . . . . . . 9.01 - 9.09 �e - �/� �, _ 7 � s _Z � „ ,��Z-r,.�-� G".�',� . .,� �� Z��i J`,_-. ADJOURN: % y,�� v OLD BUSINESS: First Reading of an Ordinance Recodifying the Fridley City Code, Chapter 206, Entitled "Building Code," by Amending Sections 20G.0'! .02, 205.01.03, 206.01.04, 206.03.01, 2d6.03.02, 206.05.01, 206.07.07, and 206.10.04 (Tabled May 8, 1995) . . _ . . . . . . . 10.01 -10.35 �� . <�� _ :� �� ,. � � _,�-�-,--�.-�-w � -�� NEW BUSINESS: SPECIAL MEETING OF THE FRIDLEY CITY COUNCIL AND THE FRIDLEY HOUSING AND REDEVELOPMENT AUTHORITY �� .' l� ,�, � . ��-k-� � .�� - zz � s� i�` S` � � � ��_ �� Variance Request, VAR #95-09, by - i wlliam H. and Nancy L. Wiles, to �.y�-" ' Reduce the Side Yard Setback from i 15 Feet to 5 Feet; to Reduce the Parking ' Setback from the Public Right-of-Way ' From 20 Feet to 0 Feet; to Reduce the 'I Ha�dsurface Setback from any Property . '� Line from 5 Feet to 0 Feet; to Reduce the ', Hardsurface Setback from the Main � Building from 5 Feet to 0 Feet; and to ' Pertnit a Canopy to Encroach into the /�djacent Property, all in Order to lncrease the Size of the Building Generally Located at 7429 East River Road N.E. (V1/a�d 3) ....._ 11.01 - 11.22 %�-�z� � �,//��` ,� _.- - �.-�,.�. `.�,�-�- s � ��-' ��x�- . / _.�- -- T$L MINQTLB OF THE FRIDLEY CITY COIINCIL MEETING OF MAY 8, 2995 THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF MAY 8, 1995 The Regular Meeting of the Fridley City Council was called to order by Mayor Nee at 7:33 p.m. PLEDGE OF ALLEGTANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL• MEMBERS PRESENT: Mayor Nee, Councilwoman Jorgenson, Councilman Billings, Councilman Schneider, and Council- woman Bolkcom MEMBERS ABSENT: None Mayor Nee stated that he wished to take this occasion to note Victory in Europe Day. He stated that fifty years ago today this day had special meaning for he and his wife, as they were both in Europe when V-E Day was declared. He stated that this was quite an event, as it was the end of the war in Europe. He stated that this was a very happy day, as they were to go home, but they were saddened because they were forced to reflect on those comrades who did not make it. Mayor Nee stated that there are no words sufficient to honor those who served in all the Armed Forces in the American battle in Europe. He stated that he cannot articulate those feelings, but the memories will always be in his mind. He stated that there are a number of people in Fridley who were participants in World War II. He stated that this evening he would like to remind those who have the images in their minds to take a moment to reflect and honor their comrades and then go on to the next chapter of their lives. APPROVAL OF MINUTES: �OARD OF REVIEW MEETING OF APRIL 10 2995• MOTION by Councilman Schneider to approve the minutes as presented. Seconded by CounciZman Billings. Upon a voice vote, aZl voting aye, Mayor Nee declared the motion carried unanimously. CONTINUED BOARD OF REVIEW NfEETING OF APRIL 24 1995• MOTION by Councilman Schneider to approve the minutes as presented. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COIINCIL MEETiNG OF MAY 8. 1995 PAGE 2 COUNCIL MEETING, APRIL 24 1995• 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. APPROVAL OF PROPOSED CONSENT AGENDA: Mr. Burns, City Manager, briefly reviewed the items on the consent agenda. OLD BUSINESS• 1. ORDINANCE NO. 1049 ESTABLISHING CHAPTER 219 ENTITLED "HP,RRIS POND STORM WATER IMPROVEMENT DISTRICT" TO THE FRIDLEY CITY CODE: AND APPROVE SUMMARY NOTICE FOR PUBLICATION• Mr. Burns stated that this ordinance establishes a special taxing district in lieu of an annual assessment process, for the treatment of Harris Pond. He stated that the taxing district includes 29 properties in Fridley and New Brighton that surround Harris Pond. He stated that the pond treatment would consist of the following: weeds, twice per year; algae, three times per year; and phosphorus reduction, once every four years. He stated that the costs would be shared with fifty percent paid by the City and the other fifty percent paid by the property owners. Mr. Burns stated that the residents would be notified of the annual treatment costs, and the treatment may be terminated by the residents if 51 percent or more of the property owners petition the City. He stated that if the City decides not to continue to share in the cost, a public hearing could be held to repeal this ordinance. WAI9E THE SECOND READING AND ADOPT ORDINANCE NO. 1049 ON THE SECfJND READING AND APPROVE THE SIIMMARY NOTICE FOR PIIBLICATION. NEW BUSINESS: 2. RECEIVE THE MINUTES OF THE SPECIAL PLANNING COMMISSION MEETING OF MARCH 29, 1995: RECEIVED. 3. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF APRIL 19, 1995• RECEIVED. FRIDLEY CITY COIINCIL MEETING OF MAY 8. 1995 PAGB 3 4. ESTABLISHING A PUBLIC HEARING FOR MAY 22.1995 FOR A PRELIMI- NARY PLAT REOUEST, P.S. #95-01, BY THE ROTTLUND COMPANY INC THE ROTTLUND COMPANY IS PROPOSING THIS PLAT REOUEST IN CON- JUNCTION WITH STREET VACATION AND REZONING RE UESTS IN ORDER TO CONSTRUCT 48 SENIOR-ONLY. OWNER-OCCUPIED CONDOMINIUMS 48 OWNER-OCCUPIED ATTACHED TOWNHOUSES. AND 50 OWNER-OCCUPIED DETACHED TOWNHOMES. THE SITE IS GENERALLY LOCATED SOUTH OF MISSISSIPPI STREET. WEST OF UNIVERSITY AVENUE AND NORTH OF SATELLITE LANE (WARD 1): AND ESTABLISHING A PUBLIC HEARING FOR MAY 22. 1995. FOR A REZONING RE4UEST. ZOA #95-01, BY THE ROTTLUND COMPANY INC THE ROTT- LUND COMPANY IS PROPOSING THIS REZONING RE4UEST IN CONJUNCTION WITH STREET VACATION AND PRELIMINARY PLAT RE UESTS IN ORDER TO CONSTRUCT 48 SENIOR-ONLY. OWNER-OCCUPIED CONDOMINIUMS, 48 OWNER-OCCUPIED ATTACHED TOWNHOUSES AND 50 OWNER-OCCUPIED DETACHED TOWNHOMES THE SITE IS GENER LLY LOCATED SOUTH OF MISSISSIPPI STREET. WEST OF UNIVERSITY AVENUE, AND NORTH OF SATELLITE LANE. CURRENT ZONING OF THE PROPERTIES IS• R-3 GENERAL MULTIPLE FAMILY DWELLING AND C-3 GENERAL SHOPPTNG CENTER. THE PROPOSED ZONING DISTRICT IS S-2, REDEVELOPMENT DISTRICT. THE S-2 DISTRICT RE4UIRES PLAN APPROVAL BY THE PLANNING COMMISSION AND THE CITY COUNCIL (WARD 1�• AND ESTABLISH A PUBLIC HEARING FOR MAY 22.1995 FOR A VACATION REQUEST. SAV #95-02, BY THE ROTTLUND COMPANY INC. THIS VACATION RE4UEST WILL VACATE A PORTION OF THE UNIVERSITY AVENUE SERVICE ROAD SOUTH OF MISSISSIPPI STREET AND NORTH OF SATELLITE LANE. AND A PORTION OF THIRD STREET IMMEDIATELY NORTH OF SATELLITE LANE. THE VACATION REOUEST WILL ALSO VACATE A NUMBER OF DRAINAGE AND UTILITY EASEMENTS WITHIN THE DEVELOPMENT AREA. THE ROTTLUND COMPANY IS PROPOSING THIS VACATION RE4UEST IN CONJUNCTION WITH PRELIMINARY PLAT AND REZONING REOUESTS IN ORDER TO CONSTRUCT A TOWNHOME PROJECT GENERALLY LOCATED SOUTH OF MISSISSIPPI STREET WEST OF UNIVERSITY AVENUE, AND NORTH OF SATELLITE LANE (WARD 1): Mr. Burns stated that these public hearings are for a project by Rottlund Homes which consists of 48 senior-only condo- miniums; 48 two-story attached townhomes; and 50 detached townhomes -- 2 6 are one-story and 2 4 are two-story . He stated that at the public hearing there will be a review of computer simulations, proposed housing types, traffic patterns, buffers and landscaping, and open space issues. He stated that in conjunction with this public hearing for the preliminary plat, there are also public hearings for rezoning and vacation requests. SET TH8 PIIBLIC BEARINGB FOR MAY 22, 1995 FOR PRFLIMINARY PLAT REQIIEST� P.B. #95-01; REZONING REQIIEST� ZOA #95-01, AND VACATION REQIIEST, SAV �95-02. FRIDLEY CITY COIINCIL MEETING OF MAY 8, 1995 PAGE 4 5. ESTABLISH A PUBLIC HEARING FOR MAY 22 1995 FOR A REZONING REQUEST, ZOA #95-02, BY THE CITY OF FRIDLEY, TO REZONE PROPERTY FROM M-2, HEAVY INDUSTRIAL TO C-2, GENERAL BUSINESS TO ALLOW THE CONSTRUCTION OF A NEW MUNICIPAL LIOUOR STORE GENERALLY LOCATED AT 7299 UNIVERSITY AVENUE N.E. (WARD 1)• 88T THE PIIBLIC HEARING FOR MAY 22, 1995 FOR REZONING REQIIEST, ZOA �95-02. 6. ESTABLISH A PUBLIC HEARING FOR MAY 22. 1995, FOR A REZONING REQUEST, ZOA #95-03 , BY RMS COMPANY, TO REZONE FROM M-1 LIGHT INDUSTRIAL, TO C-2. GENERAL BUSINESS, GENERALLY LOCATED AT 970 OSBORNE ROAD N.E. (WARD 2): SET THE PIIBLIC HEARING FOR MAY 22� 1995 FOR REZONING REQIIEST, ZOA #95-03. 7. FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 206, ENTITLED "BUILDING CODE," BY AMENDING SECTIONS__ 206.01.02, 206.01.03. 206.01.04. 206 03 O1 206.03.02, 206.05.01, 206.07.07. AND 206.10.04: Mr. Burns stated that in 1989, the City adopted the 1988 Uniform Building Code, and fees have not been increased since that time. He stated that this ordinance would adopt the 1994 Uniform Building Code and related fees. He stated it is recommended, however, that the mechanical and plumbing fees be lower than those provided in the Unifona Building Code. Mr. Burns reviewed some of the numerous changes in the fees. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGIILAR AGENDA, AS REQIIESTED BY COIINCILMAN SCHNEIDER. 8. FIRST READING OF AN ORDINANCE UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE (VACATION REOUEST, SAV #95-01, BY THE CITY OF FRIDLEY, GENERALLY LOCATED AT 5900 THIRD STREET N E.) (WARD 3): Mr. Burns stated the ordinance that is in the agenda book vacates only the land under the slip-off, and the intent was to declare both the Custom Mechanical property with the slip- off as surplus. He stated that a replacement ordinance was provided to Council prior to the meeting, and this is the one that is recommended for first reading. WAIVE THB READING AND APPROVE THE ORDINANCI; ON FIRST READING. 9. FIRST READING OF AN ORDINANCE UNDER SECTION 12.06 OF THE CITY CHARTER DECLARING CERTAIN REAL ESTATE TO BE SURPLUS AND AUTHORIZING THE SALE THEREOF (GENERALLY LOCATED AT 5900 THIRD STREET N.E.1 (WARD 3): WAIVE THE READING AND APPROVE THE ORDINANCE ON FIRST READING. FRIDLEY CITY COIINCIL MEETING OF MAY 8 1995 PAGE 5 10. VARIANCE REQUEST� VAR #95-08 BY RUSSELL AND BONNIE JAPS TO REDUCE THE REAR YARD SETBACK FROM 30 FEET TO 27 FEET TO ALLOW THE CONSTRUCTION OF AN ADDITION, GENERALLY LOCATED AT 1422 66th AVENUE N.E. (WARD 2): 11. 12. 13. 14. Mr. Burns stated that this is a request for a variance to reduce the rear yard setback from 30 feet to 27 feet. He stated that the Appeals Commission unanimously recommended approval of this variance. THIS ITEM WAS REMOVED FROM TH13 CONSENT AGLNDA AND PLACED ON THE REGIILAR AGBNDA, AS REQQESTED BY COIINCILMAN SCHNEIDLR. APPROVE KENKO. INC., ESTIMATE ADJUSTMENT FOR PROJECT NO 248: Mr. Burns stated that at the April 24, 1995 Council meeting, a partial estimate was approved for Kenko, Inc. in the amount of $8,770.67 for the TCAAP project. He stated that an audit was completed by the City of New Brighton, and a new final cost was identified as $7,758.52. He stated that it is recom- mended that this final estimate of $7,758.52 be approved to replace the partial estimate approved by the Council on April 24, 1995. APPROVED FINAL ESTIMATL OF $7,758.52 TO RENRO, INC. TO REPLACB THE PARTIAL ESTIMATE ($8,770.67j APPROVED ON APRIL 24, 1995. CLAIMS: APPROVED - NOS. 61532 THROIIGH 61743. LICENSES• APPROVED AS ON FILE IN THE LICENSL CLERR�B OFFICL. ESTIMATES• APPROVED, AS FOLLOWB: Kenko, Inc. 1694 91st Avenue N.E. Blaine, MN 55449 Twin Cities Army Ammunition Plant (TCAAP) Inter-City Waterline Project No. 248 FINAL ESTIMATE . . . . . . . . . . . .*$7,758.52 *As approved under the consent agenda, Item 11 FRIDLEY CITY COIINCIL MEgTING OF MAY 8 1995 PAGE 6 Barna, Guzy & Steffen, Ltd. 400 Northtown Financial Plaza 200 Coon Rapids Boulevard Coon Rapids, MN 55435-5489 Services Rendered as City Attorney for the Month of April, 1995 . . . . . . . . $1,790.54 F. F. Jedlicki, Inc. 14203 West 62nd Street Eden Prairie, MN 55346 � South Marian Aills Storm Sewer & Clover Pond Diversion Project No. 222 Estimate No. 4 . . . . . . . . . . . . . . . $5, 920. 00 There were no comments from the audience regarding the consent agenda items. Councilman Schneider requested that Items 7 and 10 be removed from the consent agenda. MOTION by Councilwoman Jorgenson to approve the consent agenda, with the exception of Items 7 and 10 which are to be placed on the regular agenda. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilman Schneider to adopt the agenda with the addition of consent agenda Items 7 and 10. Councilwoman Bolkcom. Upon a voice vote, all voting declared the motion carried unanimously. OPEN FORUM. VISITORS• as submitted, Seconded by aye, Mayor Nee. Mr. Frank van Dan, 6342 Baker Street, stated he felt that the present theme of the Fridley '49er Days celebration was not repre- sentative of Fridley�s history. He stated that it is historically incorrect, but Fridley is the second oldest community in the state. He said that the City's annual celebration is called '49er Days, because of the Gold Rush in 1849 in California, and he does not know how it relates to Fridley. He stated that before the rail link to Winnipeg in 1885, the only way persons could get to Winnipeg was from Fridley and St. Paul. He stated that Minneapolis and St. Anthony did not even exist, and the Banfill House was an important link. He stated that transportation was by ox carts, and John Banfill built a ferry across the river. He thought that ox carts should be included in the parade and the celebration renamed to possibly Manomen Days. He stated that originally this area was called Manomen which was the Indian name for wild rice. FRIDLEY CITY_COIINCIL MEBTING OF MAY 8. 1995 PAG$ 7 Mr. van Dan stated that perhaps Council would support a resolution to bring out the history of Fridley in the annual celebration. He thanked Council for hearing his comments and felt it was important to emphasize Fridley's history. Mayor Nee stated that '49er Days relates to 1949 when the City was incorporated, and Fridley's 50th Anniversary will be in 1999. He stated that he did not know that Fridley is the second oldest community in the state. NEW BUSINESS: 15. VARIANCE REOUEST. VAR #95-07. BY BROOKSTONE REAL ESTATE SERVICES. TO REDUCE THE SETBACK OF A FREE-STANDING SIGN TO A PROPERTY LINE FROM 10 FEET TO 3 FEET . GENERALLY LOCATED AT 7120-?190 UNIVERSITY AVENUE N.E. (WARD 3): Mr. Hickok, Planning Coordinator, stated that this is a request for a variance to reduce the required setback of ten feet to allow a sign to be set back three feet from the property line at an existing complex at 7120-7190 University Avenue N.E. He stated that the proposed sign is 8 feet by 10 feet and would be placed 3 feet from the property line in the center of this development. Mr. Hickok stated that this sign would replace the brick monument and the other existing sign along the edge of the parking lot. He stated that the purpose of the sign is to advertise the tenants in this complex. Mr. Hickok stated that staff recommends denial of this variance, and the Appeals Commission concurred with staff's recommendation. He stated that this request does not meet the following four condi- tions: (1) that there are no exceptional or extraordinary circum- stances applicable to the property or to the intended use that do not apply generally to other property in the same vicinity and district; (2) that the variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and district, but which is denied the property in question; {3) that the strict application of the chapter would constitute an unnecessary hardship; and (4j that the granting of the variance would not be materially detrimental to the public health, safety, general welfare, or detrimental to the property in the vicinity or district in which the property is located. Mr. Hickok stated that staff did not feel there were any extra- ordinary circumstances, as there are alternate locations for the sign, and the hardship did not apply. He stated that staff had a concern about the bikeway/walkway which would be in close proximity to the siqn. FRIDLEY CITY COIINCIL MEETING OF MAY 8, 1995 PAG$ 8 Ms. Sarah Gardner, representing Brookstone Real Estate Services, stated that three tenants in their complex requested the existing sign be moved to the center of the facility. She stated that the existing sign, as well as the monument sign, would be removed and replaced with this new sign. She stated that if the new sign was located to the north or south of the complex, there is a lot of obstruction either from the U.S. Swim and Fitness sign or a tree and power pole. She stated that the new sign would be updated and list only the three tenants of their complex. Councilman Schneider stated that the overall signage would be re- duced, as both of the existing signs would be removed and replaced with the new sign. Councilman Billings stated that he believed there was a variance for the monument sign to identify the management of the building. Ms. Gardner stated that the monument is no longer needed and has no significance at this time, as the management has changed. Mayor Nee asked if the new pylon sign would be in line with the monument sign which is to be removed. Ms. Gardner stated that the new sign will be in the same spot, but the face of the sign will be three feet away from the bikeway/ walkway. Mr. Hickok stated that in 1989, a variance was granted for the brick monument sign parallel to the curb of the parking lot and six feet from the property line. He stated that the current request is to have the new sign three feet from the property line. Councilwoman Bolkcom asked if there are any other signs along the bikeway/walkway that are that close. Mr. Hickok stated that as far as the location of signs in proximity of the bikeway/walkway, he did not believe there are any that close. Councilwoman Jorgenson asked the height of the sign. Ms. Gardner stated that it is eight to ten feet, and�they want it high enough so that bikers cannot reach it. Councilman Schneider asked how close the existing pylon sign is to the bikeway/walkway. Mr. Hickok stated that this sign was to be set back ten feet, how- ever, this is not the case as a variance was granted for the par- king lot so the curb is closer to the walkway. He stated that a variance was granted for the monument sign. FRIDLEY CITY COIINCIL ME$TING OF MAY 8, 1995 PAGS 9 Mayor Nee asked what the encroachment into the parking iot was if the siqn was moved seven feet. Ms. Gardner stated that it would be about 11 feet into the parking lot. Mr. Hickok stated that if the proposed sign is moved towards the parking lot, it would be necessary to extend the curb and plantings around the sign. MOTION by Councilwoman Bolkcom to concur with the Appeals Commission recommend and deny Variance Request, VAR #95-07. Seconded by Councilman Billings. Councilman Schneider suggested that this item be tabled so that other optians could be reviewed with the petitioner. MOTTON by Councilman 5chneider to table this Variance Request, VAR #95-07 in order to allaw tYie petitioner time to work with staff on other options. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motian carried unanimously. Mr. Greg Asproth, owner of University Billiards, stated that he was one of the persons in favor of the original sign. He stated that this proposed sign would be the same as the sign that now exists. Councilwoman Jorgenson stated that there is nothing wrong with the existing sign except that it was not placed in the approved location. 16. RESOLUTION NO. 30-1995 ORDERING IMPROVEMENT AND APPROVAL OF PLANS AND ORDERING ADVERTISEMENT FOR BIDS: STREET�IMPROVEMENT PROJECT NO. ST. 1995-1: Mr. Flora, Public Works Director, stated that Council held a public hearing on April 24, 1995 for this improvement project on 68th Avenue and Arthur Street. He stated that two petitions were received with 32 percent of the property owners on 68th Avenue signing the petition, and 100 percent of the property owners on Arthur street signing the petition. Mr. Flora stated that this improvement project would upgrade 68th Avenue and Arthur Street to a width of 32 feet, and the property owners would be assessed for concrete curb and gutter at a cost not to exceed $9.00 per front foot. He stated that parking would be allowed on only one side of the street. He stated that for 68th Avenue, the parking would be on the north side, and for Arthur Street, the parking would be on the west side. FRIDLEY CITY COLTNCIL MEgTING OF MAY 8. 1995 PAG$ 10 MOTION by Councilman Billings to adopt Resolution No. 30-1995. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7. FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY � CODE� CHAPTER 206. ENTITLED "BUILDING CODE " BY AMENDING SECTIONS 206.01.02, 206.01.03, 206.01.04 206 03 01,1, 206.03.02. 206.05.01� 206.07.07. AND 206.10.04: Councilman Schneider stated that he would like to know the actual costs to the City to process these permits. He felt that the City should keep the fees as low as possible to encourage people to remodel and update their homes. Ms. Dacy, Community Development Director, stated that there was an analysis of the fees completed two years ago, and she could supply copies for the next meeting. She stated that on a majority of the permits, the cost for the City to process did exceed the fee. She stated that the City is not making money on the fees, as staff spends a good deal of time, especially with residential permits. MoTION by Councilwoman Bolkcom to table this item to the Special Council Meeting on May 15, 1995. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. VARIANCE REOUEST. VAR #95-08. BY RUSSELL AND BONNIE JAPS� TO REDUCE THE REAR YARD SETBACK FROM 30 FEET TO 27 FEET TO ALLOW THE CONSTRUCTTON OF AN ADDITION, GENERALLY LOCATED AT 1422 66TH AVENUE N.E. (WARD 2j: Mr. Hickok, Planning Coordinator, stated that this is a request for a variance to reduce the rear yard setback from 30 to 27 feet to allow the addition of a porch. He stated that at the Appeals Com- mission meeting, there was a comment from an adjacent property owner regarding the closeness to her property and if there would be a fence. He stated that this issue has been resolved, and a letter has been received from this neighbor at 1455 Creek Ridge Lane that they are not opposed to this variance. He stated that he understands there has been an agreement that the petitioner will construct a privacy fence along the rear portion of their praperty. Councilman Schneider asked ii the fence is a separate agreement or a stipulation of this variance. Mr. Hickok stated that, at this time, it is an agreement between the twa property owners. He stated that they apparently came to an understanding, and the property owners at 1455 Creek Ridge Lane, Patty and Robert Traczyk, have sent a letter stating they are not opposed to the variance. Mr. Hickok then read the letter to the Council. FRIDLEY CITY COUNCIL MESTING OF MAY 8 1995 PAG$ 11 MOTION by Councilman Schneider to receive the letter from Patty and Robert Traczyk, 1455 Creek Ridge Lane, which indicated that they are not opposed to this variance. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to concur with the recommendation of the Appeals Commission and grant Variance Request, VAR �95-08. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 17. INFORMAL STATUS REPORTS: Mr. Burns, City Manager, stated that Barb Dacy, Community Develop- ment Director, would present an update on the city-wide cleanup week. Ms. Dacy stated that on Wednesday, May 10, the Cleanup Week Committee will meet and review the proposal for curbside pickup. She stated that the Committee will evaluate the idea to divide the City in half, so that the residents north of Mississippi Street will have a collection one weekend and the residents south of Mississippi Street will have a collection the following weekend. She stated that in the request for proposal, a separate quote would be included for collection of brush at the curb. She stated that there would also be feedback from the haulers regarding collecting scrap metal at the curb or collecting at the central drop-off site. Ms. Dacy stated that an informational meeting for haulers will be held by the Cleanup Week Committee on May 17. She stated that as the result of input from this meeting, specifications will be revised for the request for proposal. She stated that a report will then be made in June with action by Council, hopefully, in July. Councilwoman Jorgenson felt that the public should be given a definition of "scrap metal.'� Ms. Dacy stated that she would bring this suggestion to the Cleanup Week Committee�s attention. Mr. Burns stated that he had two items to discuss informally after this meeting. One is the Springbrook Creek/Locke Lake Project, and the other is the Flood Plain and Shoreland Ordinance. ADJOURNMENT• MOTION by Councilwoman Jorgenson to adjourn the meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of May 8, 1995 adjourned at 8:38 p.m. Respectfully submitted, Carole Haddad William J. Nee Secretary to the City Council Mayor r � � . DATE: TO: Community Development Department PL�NG D�SION May 11, 1995 City of Fridley p�� William Burns, City Manager FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Second Reading of an Ordinance Approving a Vacation Request, SAV #95-01, by the City of Fridley, Generally Located at 5900 - 3rd Street N.E. The City Council conducted a public hearing regarding the vacation of the egress road from University Avenue to 3rd Street, generally located at 5999 - 3rd Street N.E. at its April 24,.1995 meeting. Staff has prepared the attached ordinance vacating the egress road for second reading by the City Council. The City Council approved the first reading of the ordinance at its May 8, 1995 meeting. Recommendation Staff recommends that the City Council approve second reading of the attached ordinance vacating the egress road. An ordinance declaring the underlying property excess and authorizing the sale will appear later in the agenda. MM/dw M-95-279 1.01 ORDINANCE NO. e AN ORDINANCE IINDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREET8 AND ALLEYS AND TO AMEND APPENDI% C OF THE CITY CODE The City Council of the City of Fridley does hereby ordain as follows: SECTION 1. To vacate all that part of the egress road from Trunk Highway 47 (University Avenue) lying over Lots 29 and 30, Block 12, Hyde Park. All in Anoka County, Minnesota. This property is generally located at the intersection of 3rd Street and 60th Avenue. All lying in the North Half of 5ection 23, T-30, R-24, City of Fridley, County of Anoka, Minnesota. Be and is hereby vacated. SECTION 2. The said vacation has been made in conformance with Minnesota Statutes and pursuant to Section 12.07 of the City Charter and Appendix C of the City Code shali be so amended. PASSED AND ADOPTED BY THE CITY COUNCIL OF TIiE CITY OF FRIDLEY THIS DAY OF , 1995. WILLIAM J. NEE - MAYOR ATTEST: WILLIAM A. CHAMPA, CITY CLERK Public Hearing: April 24, 1995 First Reading: May 8, 1995 Second Reading: Publication: 1.02 r ; SAV �k95-01 City of Fridley _ . ' • �' ��_,� �? � aA R w G S I 2 I F ��v i "�ao n C m i Z 2 ap p J r 851 7 851 . 9 p, q I 2 V m ! � - 2 U 'r I y9 i W < M � tr, � ♦+. I 6007 � �� Z � � I � I 1/2 S-F O �a� � z � 2 4 W + '� }r 851.8 852.0 v� � I 2 , � � °' a� T� � � a w r .. �'� � ,. A � �' � °' pq E�0 ° � o v �, � �.: � �; �Ja� al.� � n J M U'n CHAIN LINR F&NCE 0 I� �"! :D L esi s � sair Q h � \ 86 i. 0. 849 I_ °� �� I G' 9 ------ CU%�--------LiIBE----'CU6 --�----- POWER POLE 850.7 851.0 830.9 850.1 850.9 TOP TOP M.H. � i 5 1. 4 60th Avenue 8 +9 � Q/ rop BI.ACKTOP �� 4�� I �0 �e,�� o. New �RB ��RB �u 8. 4 �Q, „� 850.9 849.9 849.9 / O : curb � Ra ;`� � �,y�' 4 ' i °Ui • $�iowa�rrL� �t�� $ . � �aO i y 8 BEENI V@ C' RS _,r ` Q�� G��`.6 � A R E A a•�sH �, $ t•�� °: . � 850. 9 ��O � 0 �' !�j � 1 2 9 . 0 5`"� cJ4o., a O ��A9,� j asz.z ��j ,z � �!� � P �� {Q►� O �A50.! � U� G`� � I 851 . 6 f�$p \j-.� �. � w� m ! G�,. O� �48g q� W a i � e�P•� 95a N� a�� Q j � � _ � P� � � � ` # S H i e I �1. � /'+ 4��° c� ss. o � 4,9 : , � � � a O �y � ' m �,, � �,� � J �_ �-:G � 0 851 . 0 B61 . 1 I y�C � � aC V% � w � ' op, � x L � � �,5 c I • ,, Q� ; f N �4� �G4z i � o z .y �I� � b �( �- '- s _ _:,:: � 851 . 5 I iy i � X � I ry � v J M 8 - �_$ __ UI � G�� ps¢,y . 9 I 4' � d' � �: e5 8� 5 9 8 1 3 r d S t r e e t .� 59 �� -�_ � � ` , � �� w _ _'_ 0 I x = 4 � � � 852-8 852.5 � 851.I 85Z.3 I8� 2 <:. ,y I ►i � � h''� i a 9. 0 5 � , a • : � i � ' •. I ess z ass.� aa�.s sas.� � � a � � 0 I ^' � � I -+ � � � a . � �� ° °` _. � i a � C, a . � b as s _ —e s-a-� �-a-s,-s— . _ —$ ' .. i. a a . , ' . � - i>-� .-� ° 5973 - 3rd Street ° � � �� _�� +'1 854 4 853.9 863.1 Bb1.Z ' � 1 �� ji ; , 40- �z- �� ' N a ��' E M 855 . 6 1 2 g . � rJ T CHLE � . � .� �� . S . 9 ELM � 859 S �{ o el "'✓ L _ z� a ° ,rr �.�.,e,�,,...,�' _ __ I. _ �.o SiTE PLAN / � � � DATE: TO: FROM: SUBJECT: Community Development Department PLAI�TIVING DIVISION May 11, 1995 City of Fridley � �� William Burns, City Manager Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant Second Reading of an Ordinance Declaring Certain Properties Excess; Custom Mechanical Property The City of Fridley is fee owner of Lots 27 through 30, Block 12, Hyde Park. Earlier in the agenda, the City Council approved first reading of an ordinance vacating the egress road from University Avenue to 3rd Street which crossed these lots. It was the City Council direction that this road be vacated and the lots sold for construction of a single family home. In order for the lots to be sold, the City Council must approve an ordinance declaring the lots excess and authorizing their sale. Attached please find the required ordinance. The City Council approved the first reading of the ordinance at its May 8, 1995 meeting. Recommendation Staff recommends that the City Council the attached ordinance declaring Lots Hyde Park excess and authorizing their MM/dw M-95-280 2.0 � approve second reading of 27 through 30, Block 12, sale. ORDINANCE NO. AN ORDINANCE LTNDER SECTION 12.06 OF THE CITY CHP,RTER DECLARING CERTAIN REAL ESTATE TO BE SURPLUS AND AIIT$ORIZING THE SALE THEREOF The City Council of the City of Fridley does hereby ordain as follows: SECTION 1. The City of Fridley is the fee owner of the tract of land within the City of Fridley, Anoka County, State of Minnesota, described as follows: Lots 27, 28, 29, and 30, Block 12, Hyde Park, City of Fridley, Anoka County, Minnesota. SECTION 2. It is hereby determined by the City Council that the City no longer has any reason to continue to own said property, and the City is hereby authorized to sell or enter into a contract to sell said property. 5ECTION 3. The Mayor and City Clerk are hereby authorized to sign the necessary contracts and deeds to affect the sale of said property. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1995. ATTEST: WILLIAM A. CHAMPA, CITY CLERK First Reading: May 8, 1995 Second Reading: Publication: WILLIAM J. NEE - MAYOR z.o2 , `= t� 4 � ♦� �^, -_ i � ♦J \ V / I °� � � �, � � i C� � � � M U'� 86T - ----- �� eso.� asi.o TOP M. H. ,51.4 "OP Excess Yroperty City of Fridley QARACS . J 2 I ^ m N I 9 Z �"�a w y C m . � •, � � • i s a i � aa�.a ,, o, Z c,m I � zv �, � � W < M o 4 I 6007 O O.,, x � � � oaa � Z I 1/ 1 S- F � � 4 4 � 24 � W � � a � 831.8 852.0 U y � I � 1 � � � � x m � o V C m � A 4�0 ��'� o �� I �J* � QI,� b n �A t �' L! Nli FENCE - - / 0 1' m,� il 9 5 1. 6 \_�. 851r� i Q 1 " I o . /e+s , m ; I G' 9 _ _ LIIBE_ � _ _GU6 —. POWER POLE - ---- -�----- j8so.9 sso.s aso.s TOP M. H. ar,ACK�'OP 60th Avenue 869+s � ��e ��¢0� I �0 be,�� 0' New 850r 8 849II9 CU p� ��G�M " O� 849.9 curb ��' �UR$ ' eae. s, `�= , ry� ti� I _w O tl � BEEHI vs� �e s'e �-� r �`� JQ,O q o�`' 6 'S A R E A s•esx ' Q �� ' h� 1` 850 . c9 :� � �. 0 0 �� 9 ��_ 1 2 9 . � J yJ G�}tto�V � a tO �'$�9 �A : gs2. 2 P��I . Z � W C!� �� C� . /�p.� � ±.eso.. , � �� c I B S 1. 6 Et$ F. � � y W I ,«� Q� ��o�ti N�a� > a � g5 . � t� c? i -� . �tGP a I °� w � p, • j A�� , I �i� e� ss. o e �p,9:'� c�� I m k � I n Vi� ;° j 1' �_� ¢8 85I.0 85I.1 �� z i � . �5 � Q � . a � � i N 0_ _�g _ � � ox . ; ,,4 _.�� , . .� ; „ ao �`-� ,'''� �'` s s �. s � 3� I� x � I n°j , ` �'��y a I •v � - __.. . ,o _ f� 4 �i ° � �°g 5 ` ` `ab' �9 8� 5981 - 3rd Street !� � s5 0 , z . . �:. r-� - � 4 � �,:_ 8bZ.8 832.3 � 854. 1 83Z.3 '8� 1 M1 � � � c h9• 1 2 9 . 0 5 ' I� . � I � � . ass s ass.� s�s.s ass..�� a 0 0. I ^ � .� � � . � � -� � . o � � •a ��, o . I c � 6� �n�s i --e aa—� —aa-�,�— --a ' �. e a .� ,' �, ;-------- _-- - —�----._. . .------- ---- ..__._ ' :_ � � � � � ' S973 - 3rd Street � � u; ; . r� es� s as9.9 � eas.� aas.s � � �� 1 ��ji � 40' 72' ^ � � a - ! ELat Z 2 9 . 0 �j TRPLE ti � �� CH. �q eb5.6 8d1 3 � • �o l� �-�-- • 3 . 9 ELH � w . { . -,. �j::! --.� V'..i �-_.•._.!__ .__._��i . ii . � � �....� �,..�' . I i J. . ' . _ . . ._...... _.. . - .. _ �. 2.03 CiT� pl a►N � _ � � DATE: TO: FROM: SUBJECT: Community Development Department P�vrrnvG D�SION May 11, 1995 City of Fridley p 4-�S William W. Burns, City Manager Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Establish a Public Hearing on a Preliminary Plat, P.S. 95-02, by Home Depot USA, Inc.; 5600 Main Street N.E. The Planning Commission conducted a Public Fiearing regarding the request for a Preliminary Plat to reconfigure Tract A, Registered Land Survey #130 from Z large parcel to 3 smaller parcels. The property is generally located north of Highway 694, east of East River Road (west of Main Street). The Commission, by majority vote, recommended approval of the rezoning request. Recommendation The zoning ordinance requires the City Council to conduct public hearing for all preliminary plat requests. Staff recommends that the City Council establish June 12, 1995 date of the public hearing. SH/ M-95-282 3.01 a as the �.._�\ � � :� P.S. ��95-02 Home Depot [� �� ; �� a`� ��9 �p�� , 1nC. i� �� • � �c t-A' . �� , �� q �g: 0 3 ..li.<0.00 • ZI'6!! ------ --------- M �------- � � �� O�>!� �� ._.� �. � , � . � �j _ � r N; � � ) �� O JO J � ➢!s �I \ � +S.a ia [4' L yJ� �e """ """ _"» ""'"""' tt•u. - ] ..W.[I.M M r� em n.ati � �vw � w 3.02 �� 1= R� � . R � - � b ti :,� � F ° i . � ia{ � 6� 7 i � ` � i 4 ' � i � � ��j� �Fl r �� €� � :� �'� a � �_: ,� r � � � DATE: TO: FROM: SUBJECT: Community Development Department PLANNING DIVISION City of Fridley May 11, 1995 Q � William W. Burns, City Manager Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Establish a Public Hearing on a Rezoning Request, ZOA #95-04, by Home Depot USA, Inc.; 5600 Main Street The Planning Commission conducted a Public Hearing regarding the request to rezone Tract A, Registered Land Survey �130 from C-2, General Business and M-2, Heavy Industrial, to C-3, General Shopping Center District, generally located at 5600 Main Street. The Commission, by majority vote, recommended approval of the rezoning request. Recommendation The zoning ordinance requires the City Council to conduct a public hearing for all rezoning requests. Staff recommends that the City Council establish June 12, 1995 as the date of the public hearing. SH/ M-95-283 4.01 :� r• �7 �II �[!�►�i►�\: Engineenng Sewer Watcr Parks Sireets Maintenancc TO: William W. Bums, City Manager PW95-123 \ FROM: John G. F1ora,�Public Works Director DATE: May 1 S, 1995 SUBJECT: Six Cities Action on Stonybrook Creek We have received a petition from the residents of Stonybrook Creek requesting a full pipe system be installed in Stonybrook Creek between East River Road and Alden Way. There has a]so been some discussion by the westerly three property owners of this segment that the creek remain in an open condition in their azea In addition, we have made preliminary discussions with the City of Spring Lake Park to assist in funding this unprovement as the damage that has occurred resulted from excessive flows within the sub-watershed. To date, we have be unable to receive satisfactory consideration by the City of Spring Lake Park. In accordance with the Joint Powers Agreement establishing the Six Cities Watershed Management Organization (WMO� there is a review and recommendation section 3.6 that provides for the organization to review, make recommendations and/or resolve any matter brought before it involving improvement projects. Attached is a resolution requesting the Six Cities WMO to resolve the issue between the cities of Spring Lake Park and Fridley to complete the Stonybrook Creek improvement project. The process ca1Ls for the WMO to act on the matter within 70 days and then allows any party which does not agree to the decision another 21 days to respond and then the WMO to make a final decision on any appeaL Since the original letter on this issue Was submitted on Apri117 to the WMO, I would hope that the clock would start on that date for the WMO's review. Recommend Council adopt the attached resolution requesting Six Cities Watershed Management Organization resolve the Stonybrook Creek improvement project. JGF:cz Attachment � 5.01 ��r _i� •. ... � RF•90I�i1'I@T I�U. - 1995 • •; •,s� 1 � � . r: �1 �5ti ^r• u:�••_ti:��+. r n rt� t� � •.t�r• 1 A� •t •,:r: • • . 1 •1 I:i•.� •' N' �i:+l' 1 1• •,� �� Iyi �L! ly�i �, the Stoa�rook Cre�,k within the City of F�idley frcxn East River Road west to the Mississippi River conflue.noe has exp�riexx�ed tre.m�xXious e�rosion due to upstxeam irc�x�weruents, and A�REAS, the residents of this area of the St�onybrook Cree.k have requested the City to correct this problem and restore their prc�erties, ar�d �S, the City of Fridley has revie�red a rnmd�r of alternate solutions, atyd �i8, an aooeptable solutioaz to the resic3ents has been reoeived, and �S, the Six Cities Watershed Manag�ment Organization iderrtified in the Capital Inprav�t Prograari, a project to be iaQlarented by a supple.rnental Joint P+�w�xs Agree�aent between Sprir�g Iake Park ar�d Fridley far� the erosiori o�rrectioaz of St,oa�ybrook C�raek stream bed, and �S, the City of Fridley has attem�ted to c7oo�inate a iuixiirig solutiari between the two cities for this improvement, and �s, the City of S�ring Iake Park has not beexi willing to contribute a prnp�rtionate share to this project, and �S, th�e City su�nitted a letter to the Six Cities Watershed Management Organization on April 17, 1995 r�gardirig this project. NO�. �FORE� BE IT �80LVED Zi�IT, tt�e City C7�uncil of the City of Fridley, Anoka �amtY, Mi�so�ta, requ�st ti� Six Citi.es Water�-.�ed Managenexit Ot�ganizati� to resolve the i� oa� the C�pital Ii►��rov�ent Project for Stflnybroak Creek in �aoon�anae with Section 3.6 of the Joint P�awers Agr.ee�re,nt, and BE IT FU� RE90LVED �iT, this actioai be initiated as expeditiausly as por.�sible to allaw for constructioa� this year. :�� • �� • �+� r:r a •� �� wr •�� :i- .� • • • n �:� �� • . s MY�.`SI t.�� : u �.r_ �i• • w�� w�r . WII.ZIAM J. NEE - MAYOR 5.02 � � C�N �F FRIDLEY MEMORANDUM Municipai Center 6431 University Avenue Northeast Fridley, Minnesota 55432 (612) 572-3507 FAX: (6l 2) 571-i 287 p Memo To: William W. Burns, City Manaqer From: 8ubject: Date: William C_ Hunt Assistant to the City Manager William c. Hunt, Assistant to the City Manaqer.4•�• Ffrefiqhters� Labor Aqreemeat for 1995 May 10, 1995 Attached is the labor agreement and accompanying resolution setting forth terms and conditions of employment for the firefighters in 1995. Apart from changes relating to dates the falZowing are the differences between the 1995 contract and the 1994 contract: 1. Article 11.2 provides that the City has the authority to schedule employee's duty hours. 2. Article 15.2 and Article 15.3 provide that financial assistance for employee educational programs will not exceed the amount of $2,250.00 per employee per year and wi12 be extended to cover the cost of tuition, required books or educational materials, and required fees related to the course. 3. Article 16.3 provides pay for holidays. 4. Article 21.1 provides that the employer's contribution "toward health, life, and long-term disability insurance" will be a maximum of $345.00 per month per employee choosing dependent coverage. 5. Article 21.2 provides that the employer's contribution "toward health, life, and long-term disability insurance" will be a maximum of $210.00 per month per employee choosing single coverage. 6. Article 22.1 provides an increase in base wages of 3.0 percent over 1994. I request that you present this�contract to the City Council for action at their meeting of May 15, 1995. c: Chuck McKusick, Fire Chief s.o� Y � . s RESOLIITION NO. - 1995 RE30LIITION APPROVING AND AIITHORIZING SIGNING AN AGREEMENT ESTABLISHING AORRING CONDITION3, WAGES AND HOURS OF EMPLOYEES OF THE CITY OF FRIDLEY FIRE DEPARTMENT FOR THE YEAR 1995 , WHEREAS, the International Association of Firefighters Local No. 1986, as bargaining representative for the Firefighters of the City of Fridley Fire Department, has presented to the City of Fridley various requests relating to the working conditions, wages and hours of employees of the Fire Department of the City of Fridley; and WHEREAS, the Union and to and hours of Fridley; and City of Fridley has presented various offers to the the employees relating to working conditions, wages employees of the Fire Department of the City of WHEREAS, representatives of the Union and the City have met and negotiated regarding the requests of the Union and the City; and WHEREAS, agreement has now been reached between representatives of the two parties on the proposed changes to the existing agreement between the City and the Union; NOW, THEREFORE BE IT RE50LVED by the City of Fridley that such agreement is hereby ratified and that the Mayor and the City Manager are hereby authorized to execute the attached Agreement relating to working conditions, wages and hours of Firefighters of the City of Fridley Fire Department. PASSED AND ADOPTED BY THE CYTY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1995. ATTEST: WILLIAM J. NEE - MAYOR WILLIAM A. CHAMPA - CITY CLERK 6.02 �� ,� / �� , � UNIFORM BASELINE AND SE�TLEMENT FORM Minnesota Statute 179A.04, subdivision 3, paragraph (n) requires completion of a Uniform Settlement Form (Form). The Form is applicable to contract negotiations between exclusive repre- sentatives and all public employers, other than Townships. The Bureau of Mediation Services (Bureau) is charged with developing the Form and related instructions for compliance with the statute. Pursuant to that charge, the Bureau has adopted the attached Form and instructions to meet the requirements of this legislation. The Form is not intended to be a report of a public employer's labor costs or a substitute for the costing by labor or management of their collective bargaining proposals. Its purpose is limited to fulfilling the requirements of Minnesota Statutes 179A.04, subdivision 3, paragraph (n). It is the intention of this legislation to provide a standard basis for public employers and the public to compare the economic elements of collective bargaining settlements. The attached Form must be presented to the governing body of each public employer at the time it ratifies a collective bargaining contract. The Form must be available for public inspection during normal business hours within five (5) calendar days after ratification by the public employer. 6-2-94 - 1 - ___....___.._ ______._. ______..__.___ __.. __ __ __ __. � U o0 O O� a .-� Z � � � v � � � .�..� W v �+ .,� w w O ::.! i < z ,� � 'J �.J � X � \ 0 V � R V , �� y J ,,A�I � 7 :� � � �. Q CO '� � .� �o , o `, M C t�1 CA � L � y a y C � V � � � �O �D �D � �C v �O �D C � ^ h � ^ � � i � v � . � � �4 a1 O S O .0 C � � C � y � V R � u ... 't,J O � O �' 0 J vL'� W �• O �+► , � c�A v�i �' c C •± ,� ^ �� O� ..�`• ' ' �' y �. � � fC � �. � cC �. i4 C(d �D r�C �> ya C N� N K� ,a `� C � C `� C w C `� � v� C v� 0 C v� t � G! 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J � u., ^, ,- � �' G,_ � ^ � � �O � � _ � s :. `" a". vy = � p u � ^ c:.c ��' �_ � oc� � � r I l c., _.� �� ' � � u, J � i � � = ' c u� � �- = � " � = c - — � � c = I r� c� ' � � � � I � < .- F` V . V i cn - "- cl] � � �� <r �n LABOR AGRFEMENT BETWEI3N THE CITY OF FRIDLEY AND THE INTERNATIONAL A880CIATION OF FIREFIGHTERS LOCAL NO. 1986 1995 6.03 FIREFIGHTERS LOCAL NO. 1986 CONTRACT FOR 1995 TABLE OF CONTENT3 ARTICLE PAGE I. PURPOSE OF AGREEMENT . . . . . . . . . . . . . . . . . . . 1 I I . RECOGNITION . . . . . . . . . . . . . . . . . . . . . . . . 1 I II . DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . 1 IV. EMPLOYER SECURITY . . . . . . . . . . . . . . . . . . . . . 3 V . EMPLOYER AUTHORITY . . . . . . . . . . . . . . . . . . . 3 VI. UNION SECURITY . . . . . . . . . . . . . . . . . . . . . . 3 VII. EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE. . . . . . . . . . . 4 VIII. SAVINGS CLAUSE . . . . . . . . . . . . . . . . . . . . . . 7 IX. SENIORITY . . . . . . . . . . . . . . . . . . . . . . . . . 7 X. DISCIPLINE . . . . . . . . . . . . . . . . . . . . . . . . 8 XI. WORK SCHEDULES . . . . . . . . . . . . . . . . . . . . . . 8 XI2. ANNUAL LEAVE . . . . . . . . . . . . . . . . . . . . . . . 9 XIII. SHORT TERM DISABILITY . . . . . . . . . . . . . . . . . . . 10 XIV. PAY FOR CALL BACK AND DRILLS . . . . . . . . . . . . . . . 12 XV. EMPLOYEE EDUCATION PROGRAMS . . . . . . . . . . . . . . . . 12 XVI. HOLIDAYS . . . . . . . . . . . . . . . . . . . . . . . . . 13 XVII. PROBATIONARY PERIODS . . . . . . . . . . . . . . . . . . . 13 XVIII. FUNERAL PAY . . . . . . . . . . . . . . . . . . . . . . . . 14 XIX . JURY PAY . . . . . . . . . . . . . . . . . . . . . . . . . 14 XX. UNIFORM ALLOWANCE . . . . . . . . . . . . . . . . . . . . . 14 XXI. INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . 14 XXII. RATES OF PAY . . . . . . . . . . . . . . . . . . . . . . 15 XXIII. ADDITIONAL INCENTIVE PAY . . . . . . . . . . . . . . . . . 15 XXIV. COLLEGE CREDITS . . . . . . . . . . . . . . . . . . . . . . 15 XXV . SEVERANCE PAY . . . . . . . . . . . . . . . . . . . . . . . 16 XXVI. WAIVER . . . . . . . . . . . . . . . . . . . . . . . . . . 16 XXVII. DURATION . . . . . . . . . . . . . . . . . . . . . . . . . 16 6.04 � LABOR AGREEMENT BETAEEN CITY OF FRIDLEY AND INTERNATIONAL A880CIATION OF FIREFIGHT8R8 LOCAL NO. 1986 ARTICLE I PIIRPOSE OF AGREEMENT This AGREEMENT is entered into as of between the CITY OF FRIDLEY, hereinafter called the EMPLOYER, and the INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL NO. 1986, hereinafter called the UNION. It is the intent and purpose of the AGREEMENT to: 1.Z Establish procedures for the resolution of disputes concerning this AGREEMENT�S interpretation and/or application; and 1.2 Place in written form the parties' agreement upon terms and conditions of employment for the duration of this AGREEMENT. ARTICLE II RECOGNITION The EMPLOYER recognizes the UNION as the exclusive representative, under Minnesota Statutes, Section 179.71, Subdivision 3, for all personnel in the following job classifications: 1. Firefighters ARTICLE III DEFINITIONS 3.1 Union The International Association of Firefighters Local No 1986. 3.2 Union Member A member of the International Association of Firefighters Local No. 1986. 3.3 Emplovee A member of the exclusively recogni2ed bargaining unit. 3.4 Department The City of Fridley Fire Department. � 1 6.05 3.5 Emt�lo�er The City of Fridley. 3.6 Chief The Chief of the Fire Department of the City of Fridley. 3.7 Union Officer Officer elected or appointed by the International Association of Firefighters Local No. 1986. 3.8 Overtime Work performed at the express authorization of the EMPLOYER in excess of the number of hours. in a work period specified by the Federal Fair Labor Standards Act. 3.9 Scheduled Shift A consecutive work period including two rest breaks and one or more meal breaks. 3.10 Rest Breaks Two periods during employee remains on assigned duties. 3.11 Meal Break the SCHEDULED SHIFT during which the continual duty and is responsible for A period during the SCHEDULED SHIFT during which the employee remains on continual duty and is responsible for assigned duties. 3.12 Strike Concerted action in failing to report for duty, the willful absence from one's position, the stoppage of work, slow-down, or abstinence in whole or in part from the full, faithful and proper performance of the duties of employment for the purposes of inducing, influencing or coercing a change in the conditions or compensation or the rights, privileges or obligations of employment. 3.13 Base Rate of Pav The Employee's hourly rate of pay exclusive of longevity or any other special allowance. 2 6.OG 3.14 Compensatory Time Time off during the employee's regularly scheduled work schedule equal in time to 1.5 times overtime worked. 3.15 Severance Pav Payment made to an employee upon honorable separation of employment. 3.16 Salarv A fixed payment at regular intervals for services as set forth and agreed to in this contract. 3.17 Compensation Salary reduced by those amounts as required by law and/or authorized by the employee. ARTICLE IV EMPLOYER BECIIRITY The UNION agrees that during the life of this AGREEMENT it will not cause, encourage, participate in or support any strike, slow-down or other interruption of or interferences with the normal functions of the EMPLOYER. ARTICLE V EMPLOYER AIITHORITY 5.1 The EMPLOYER retains the full and unrestricted right to operate and manage all personnel, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct, and determine the number of personnel; to establish work schedules, and to perform any inherent managerial function not specifically limited by this AGREEMENT. 5.2 Any term and condition of employment not specifically established or modified by this AGREEMENT shall remain solely within the discretion of the EMPLOYER to modify, establish, or eliminate. ARTICLE VI IINION SECIIRITY 6.1 The EMPLOYER shall deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly UNION dues. Such monies shall be remitted as directed by the UNION. 6.2 The UNION may designate employees from the bargaining unit to act as a steward and an alternate and shall inform the 3 6.07 EMPLOYER in writing of such choice and changes in the position of steward and/or alternate. 6.3 The EMPLOYER shall make space available on the employee bulletin board for posting UNION notice(s) and announcement(s). 6.4 The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits,� orders, or judgments brought or issued against the EMPLOYER as a result of any action taken or not taken by the EMPLOYER under the provisions of this Article. ARTICLL VII EMPLOYEB RIG8T8-GRIEVANCE PROCi3DORE 7.1 Definition of a Grievance 7.2 7.3 7.4 A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this AGREEMENT. � Union Representatives The EMPLOYER will recognize REPRESENTATIVES designated by the UNION as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The UNION shall notify the EMPLOYER in writing of the names of such UNION REPRESENTATIVES and of their successors when so designated as provided by Section 6.2 of the AGREEMENT. Processing of a Grievance It is recognized and accepted by the UNION and the EMPLOYER that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the EMPLOYEE5 and shall therefore be accomplished during normal working hours only when consistent with such EMPLOYEE duties and responsibilities. The aggrieved EMPLOYEE and a UNION REPRESENTATIVE shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the EMPLOYER during normal working hours provided that the EMPIAYEE and the UNION REPRESENTATIVE have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the EMPLOYER. Procedure Step 1. An EMPLOYEE claiming a violation concerning the interpretation 4 . 1 « or application of this AGREEMENT shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the EMPLOYEE'S supervisor as designated by the EMPLOYER. The EMPLOYER-designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the AGREEMENT allegedly violated, the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days after the EMPLOYER-designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waived. Step 2. If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER-designated Step 2 representative. The EMPLOYER-designated representative shall give the UNION the EMPLOYER'S Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the EMPLOYER- designated representative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the UNION within ten (10) calendar days will be considered waived. Step 3. If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER-designated Step 3 representative. The EMPLOYER-designated representative shall give the UNION the EMPLOYER'S answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the EMPLOYER- designated representative's final answer in Step 3. Any grievance not appealed in writing to Step 4 by the UNION within ten (10) calendar days shall be considered waived. Step 4. A grievance unresolved in Step 3 and appealed to Step 4 by the UNION shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Public Employment Labor Relations Board. 5 s.�� 7.5 Arbitrator's Authoritv a. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of the AGREEMENT. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the EMPLOYER and the UNION, and shall have no authority to make a decision on any other issue not so submitted. b. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the EMPLOYER and the UNION and shall be based solely on the arbitrator's interpretation or application of the express _terms of this AGREEMENT and to the facts of the grievance presented. c. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the EMPLOYER and the UNION provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings the cost shall be shared equally. 7.6 Waiver If a grievance is not presented within the time limits set forth above, it shall be considered "waived." If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the EMPLOYER'S last answer. If the EMPLOYER does not answer a grievance or an appeal thereof the within the specified time limits, the UNION may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the EMPLOYER and the UNION in each step. 7.7 Choice of Remedv If, as a result of the written EMPLOYER response in Step 3, the grievance remains unresolved, and if the grievance 6 6,10 involves the suspension, demotion, or discharge of an employee who has completed the required probationary period, the grievance may be appealed either to Step 4 of Article VII or a procedure such as: Civil Service, Veteran's Preference, or Fair Employment. If appealed to any procedure other than Step 4 of Article VII, the grievance is not subject to the arbitration procedure as provided in Step 4 of Article VII. The aggrieved employee shall indicate in writing which procedure is to be utilized (Step 4 of Article VII or another appeal procedure) and shall sign a statement to the effect that the choice of any other hearing precludes the aggrieved employee from making a subsequent appeal through Step 4 of Article VII. ARTICLE VIII SAVINGS CLAIISE This AGREEMENT is subject to the laws of the United States, the State of Minnesota and the City of Fridley. In the event any provision of this AGREEMENT shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provisions shall be voided. Al1 other provisions of the AGREEMENT shall continue in full force and effect. The voided provision may be renegotiated at the written request of either party. ARTICLE I% SENIORITY 9.1 Seniority shall be determined by the employee's length of continuous employment with the Fire Department and posted in an appropriate location. Seniority rosters may be maintained by the FIRE CHIEF on the basis of time in grade and time within specific classifications. 9.2 During the probationary period, a newly hired or rehired employee may be discharged at the sole discretion of the EMPLOYER. During the probationary period a promoted or reassigned employee may be replaced in the employee's previous position at the sole discretion of the EMPLOYER. 9.3 A reduction of work force will be accomplished on the basis of seniority. Employees shall be recalled from layoff on the basis of seniority. An employee on layoff shall have an opportunity to return to work within two years of the time of that layoff before any new employee is hired. 9.4 Vacation periods to a maximum of two (2) weeks shall be selected on the basis of seniority until May lst of each calendar year. 7 6.11 ARTICLE % DISCIPLZNS 10.1 The EMPLOYER will discipline employees for just cause and disciplinary action may be in one or more of the following forms: a. oral reprimand; b. written reprimand; c. suspension; d. demotion; or . e. discharge. 10.2 Suspensions, demotions and discharges will be written form. 10.3 Written reprimands, notices of suspension, and notices of discharge which are to become part of an employee's personnel file shall be read and acknowledged by signature of the employee. Employees will receive a copy of such reprimands and/or notices. 10.4 Employees may examine their own individual personnel files at reasonable times under the direct supervision of the EMPLOYER. ARTICLE %I WORR SCHEDIILES 11.1 The normal work schedule Department shall consist including hours worked o authorized leave time. for the employees of the Fire of a fifty (50) hour work week n assigned shifts, holidays, and The Department Manager is responsible for scheduling and assigning the weekly work schedule. 11.2 The City claims the authority to schedule EMPLOYEES' duty schedule. 11.3 It is recognized by the parties that service to the public may require the establishment of regular shifts for some employees on a daily, weekly, seasonal, or annual basis, other than the regularly scheduled hours. The employer will give advance notice to the employees affected by the establishment of work days different than the normal employee's work day. 11.4 In the event that work is required because of unusual circumstances such as (but not limited to) fire, flood, snow, sleet, breakdown of municipal equipment of facilities, no advance notice to the employees need be given. It is not required that an employee working other than the normal workday be scheduled to work more than the scheduled hours; however, each employee has an obligation to work overtime if requested, unless unusual circumstances prevent the employee from doing so. 8 6.12 11.5 It is also recognized by the parties that service to the public may require the establishment of regular work weeks that schedule work on Saturdays and/or Sundays. Employees who are regularly scheduled to be on duty Saturday and/or Sunday will be granted two consecutive days off in lieu of Saturday and/or Sunday. ARTICLE %II ANNOAL LEAVE 12.1 Each employee shall be entitled to annual leave away from employment with pay. Annual leave pay shall be computed at the regular rate of pay to which such an employee is entitled. Because of changes in average hours per week and because of the relative adjustment of hourly wage rates, annual leave accumulations shall be recalculated as of the day prior to the effective date of this contract. Total hours accumulated annual leave shall be divided by 11.33 and multiplied by 10.00 to calculate each EMPLOYEE's adjusted annual leave accumulation. Henceforward EMPLOYEES shall accumulate and use annual leave based on ten (1b.00) hour days. 12.2 A beginning employee shall accrue annual leave at the rate of eighteen (18) days per year for the first seven (7) years (84 successive months). An employee who has worked seven (7) years (84 successive months) shall accrue annual leave at the rate of twenty-four (24) days per year, beginning with the eighty-fifth (85th) month of successive employment. An employee who has worked fifteen (15) years (180 consecutive months) shall accrue annual leave at the rate of twenty-six (26) days per year, beginning with the one hundred eighty-first (181st) month of consecutive employment. 12.3 For an employee hired on or after January 1, 1984: The maximum total accumulation of annual leave at the end of any given year shall be thirty (30) days. Once a year, at a time designated by the City, an employee who has completed seven (7) years of service with the City will have the opportunity to exchange up to three (3) days of accumulated annual leave for cash. At the same time, an employee who has completed fifteen (15) years of service with the city will have the opportunity to exchange up to five (5) days of accumulated annual leave for cash. 12.4 For an employee hired prior to January 1, 1984: Vacation accrued but unused as of December 31, 1983 shall be converted to annual leave at the rate of one (1) day of annual 9 6.i3 leave for one (1) day of vacation. Accrued but unused sick leave as of December 31, 1983 shall be converted to annual leave according to the following schedule: a. lst 45 days @ 1 day of annual leave for 1 day of sick leave b. 2nd 45 days 1 day of annual leave for 2 days of sick leave c. Remainder @ 1 day of annual leave for 3 days of sick leave The total amount of annual leave credited to the employee's balance as of January 1, 1984 shall be equal to accrued but unused vacation plus accrued but unused sick leave converted according to the formula above. If upon conversion to the annual leave plan an employee's accumulation of annual leave exceeds thirty (30) days, that amount shall be the maximum total accumulation (cap) for that employee at the end of any subsequent year. Once a year, at a time designated by the City, an employee will have the opportunity to exchange up to five (5) days of accumulated annual leave for cash. In addition, once a year at a time designated by the City, an employee with an accumulation of annual leave in excess of thirty (30} days will have the opportunity to exchange up to five (5) days of annual leave for cash. Such an exchange shall reduce the maximum total accumulation (cap) of an employee by an equal amount. 12.5 Upon separation from employment with the City, an employee will be paid one (1j day's salary for each day of accrued annual leave remaining in the employee's balance. ARTICLE BIII SHORT TERM DISABILITY 13.1 Each employee who has successfully completed the employee's probationary period shall be eligible for the short term disability benefit. Such an employee shall be entitled to full pay commencing on the twenty-first (21st) consecutive working day on which the employee is absent due to a physician-certified illness or injury off the job, and continuing until the employee returns to work able to carry out the full duties and responsibilities of the employee's position or through the one hundred and tenth (110th) working day of absence, whichever occurs first. Such an employee shall also be entitled to full pay commencing on the eleventh (11th) consecutive working day on which the employee is absent due to a physician-certified illness or injury on the job and continuing until the employee returns to work able to carry 10 6.14 out the duties and responsibilities of the employee's position or through the one hundredth (100th) working day of absence, whichever occurs first. The amount of any compensation for the short term disability benefit shall be reduced by any payment received by the disabled employee from workers' compensation insurance, Public Employees Retirement Association disability insurance, or Social Security disability insurance. Payment of short term disability benefit by the City to an employee shall not exceed ninety (90) working days for any sinqle illness or injury, regardless of the number and spacing of episodes. The annual leave balance of an employee receiving short term disability benefit shall not be reduced, nor shall such employee accrue annual leave during that period. 13.2 Before any short term disability payments are made by the City to an employee, the City may request and is entitled to receive a certificate signed by a competent physician or other medical attendant certifying to the fact that the entire absence was, in fact, due to the illness or injury and not otherwise. The City also reserves the right to have an examination made at any time of any employee claiming payment under the short term disability benefit. Such examination may - be made on behalf of the City by any competent person designated by the City when the City deems the same to be reasonably necessary to verify the illness or injury claimed. 13.3 If an employee hired before January 1, 1984 has received payraents under the injury-on-duty provisions of previous contracts, the number of days for which payment was received will be deducted from the number of days of eligibility for coverage under short term disability for that same injury. 13.4 If any employee's non causally related injury or illness exceeds 110 working days, the employee shall be entitled to draw from the employee's remaining annual leave. 13.5 If an employee's causally related illness or injury exceeds 100 working days, the employee may draw from the employee's remaining annual leave in addition to those benefits to which the employee receives in accordance with the workers' compensation provisions. 13.6 When an employee exceeds the 110 working days (off duty) disability or 100 working days (on duty) disability and conumences to draw on annual leave, the employee shall again accrue benefits in accordance with accepted City policy. ARTICLl3 %IV PAY FOR CALL BACR AND DRILI�S 14.1 A firefighter responding to a fire call before or after regularly scheduled work hours or on a day off shall be 11 6.15 compensated in an amount equal to a minimum of one (1) hour at one and one half (1 1/2) times the hourly rate calculated in accordance with the provisions of the federal Fair Labor Standards Act. If the fire call lasts for more than one (1) hour the firefighter shall be compensated at the above rate of pay for each additional fifteen (15) minute period or fraction thereof. 14.2 To calculate the time worked on call back, time shall be considered to have started at the time of the alarm as recorded and shall end when the officer in charge has terminated said alarm. In the event of a simultaneous or subsequent alarm occurring prior to the termination of the alarm for which the firefighter was called back, the firefighter's time worked shall be calculated as continuous from the time of the first alarm until the officer in charge has terminated a11 alarms. 14.3 Employees who participate in drills before or after regularly scheduled work hours or on a day off shall be compensated at the overtime rate of pay for their respective classifications. ARTICLE %V EMPLOYEE EDIICATION PROGRAMS 15.1 The City will pay certain expenses for certain education courses based on the following criteria. a. The training course must have relevance to the Employee's present or anticipated career responsibilities. Attendance shall be at City approved institution. The course must be approved by the Department Head. b. Financial assistance will be extended only to courses offered by an accredited institution. This includes vocational schools, Minnesota School of Business, etc. 15.2 Employee Education Programs Financial Policy Financial assistance not to exceed the amount of two thousand two hundred fifty dollars ($2,250) per EMPLOYEE per year will be extended to cover the cost of tuition, required books or educational materials, and required fees related to the course. Charges for student union membership, student health coverage and other charges for which the student receives some item or services other than actual instruction will not be paid. The City will pay fifty percent (50�) of the cost of tuition in advance of the EMPLOYEE's actual participation in the course upon receipt of written evidence that the EMPLOYEE has paid the entire tuition for the course. Upon successful completion of the course an EMPLOYEE will be required to present to his/her Department Manager a certification of satisfactory work. Satisfactory work is defined as follows: 12 6.16 a. In courses issuing a letter grade, a C or above is required. b. In courses issuing a numerical grade, 70 percent or above is required. c. In courses not issuing a grade, a certification from the institution that the student satisfactorily participated in the activities of the courses is required. 15.3 If the employee satisfactorily completes the course, the employee will be reimbursed for the additional 50 percent of the tuition cost incurred as well as for the cost of any course required books, educational materials, or fees. If the EMPLOYEE fails to satisfactorily complete the course, the City will not reimburse the EMPLOYEE for these costs. 15.4 The program will not reimburse the employee for hours spent in class, only for the tuition. 15.5 Expenses for which the employee is compensated under some other educational or assistance program, such as the GI bill, will not be covered. 15.6 The City will not pay tuition or other costs for those courses which are used to make the employee eligible for additional salary. ARTICLE BVI HOLTDAYS 16.1 Holidays include New Year's Day, January 1; Martin Luther King Day, the third Monday in January; Washington and Lincoln's Birthday, the third Monday in February; Memorial Day, the last Monday in May; Independence Day, July 4; Labor Day, the first Monday in September; Veteran's Day, November 11; Thanksgiving Day, the fourth Thursday in November; and Christmas Day, December 25; provided, When New Year's Day, January 1; or Independence Day, July 4; or Veteran's Day, November 11; or Christmas Day, December 25; falls on Sunday the following day shall be a holiday, and provided, when New Year's Day, January 1; ar Independence Day, July 4; or Veteran' s Day, November 11; or Christmas Day, December 25; falls on Saturday, the preceding day shall be a holiday. 16.2 In addition to the holidays listed above, employees covered by this contract shall be entitled to two (2) additional paid holidays designated by the City Council for a total of eleven (11) paid holidays per year. 16.3 EMPLOYEES shall be paid for ten (10) hours at their regular rate of pay for each scheduled holiday. Annual leave hours taken during a pay period shall be reduced by the number of holiday hours earned during that same pay period, unless the 13 s.�a EMPLOYEE requests otherwise in advance in writing to the payroll division of the Finance Department. ARTICLE XVII PROBATIONARY PERIODS 17.1 All newly hired or rehired employees will serve a twelve (12) month probationary period. ARTICLE %VIII FIINERAL PAY 18.1 In case of death occurring in the immediate family of an employes, such an employee may be excused from work for up to three days with additional time off granted by the City Manager if additional time is needed. This time off shall not subject the employee to loss of pay. For this purpose, members of the immediate family of the employee are considered to be the following; spouse, child (natural or adopted), parent, grandparent, brother, sister, mother-in-law or father-in-law. ARTICLE %I% JIIRY PAY 19.1 It shall be understood and agreed that the Cit regular full time employees serving on any jury in salary between jury pay and the employee's or pay while in such service. ARTICLE 8% IINIFORM ALLOWANCE y shall pay all the difference regular salary 20.1 The EMPLOYER shall provide a uniform clothing allowance for Firefighters, said allowance to be paid in cash in January of each year. The allowance shall be $375.00 for 1995. ARTICLE %%I INSIIRANCE 21.1 The EMPLOYER will contribute up to a maximum of three hundred forty-five dollars ($345.00) per month per employee toward health, life and long-term disability insurance, in accordance with the EMPLOYER'S flexible benefit plan, for employees choosing dependent coverage for calendar year 1995. 21.2 The EMPLOYER will contribute up to a maximum of two hundred ten dollars ($210.00) per month per employee toward heath, life and long-term disability insurance, in accordance with the EMPLOYER'S flexible benefit plan, for employees choosing single coverage for calendar year 1995. 21.3 By mutual agreement each employee may use up to fifteen dollars ($15.00) per month of health insurance dollars in 21.1 and 21.2 for group dental insurance offered through the city, in accordance with the EMPLOYER'S flexible benefit plan. 14 6.18 21.4 Individual employees may provide for an increased EMPLOYER contribution for insurance over that amount stipuiated in 21.1 by lowering their compensation from the rates stipulated in Articles XXII, XXIII, and XXIV to provide for the employee's health insurance and dental insurance, including dependent coverage, and life insurance. 21.5.The Employer will provide group term life insurance with a maximum of $25,000 per Employee and additional accidental death and disability insurance with a maximum of $25,000 per Employee. Provided that the total City cost for all insurance premiums does not exceed the amount set forth in this article. ARTICLE %%II RATES OF PAY 22.1 Firefighters 1995 First six months After six months After 1 1/2 years After 2 1/2 years After 3 1/2 years $12.70 per hour $13.34 per hour $14.00 per hour $14.70 per hour $15.44 per hour ARTICLE BRIII ADDITIONAL INCENTIVE PAY 23.1 Incentive pay will be paid over and above the star►dard base rate or going rate for Emplayees hired prior to January 1, 1974 according to the following schedule, provided employees have made demonstratable progress towards improving their proficiency for their particular job title or job assignment. After 5 years of service After 10 years of service After 15 years of service ARTICLE $RIV COLLEGL CREDITS $24 $48 $72 24.1 For Firefighters hired after January 1, 1974 the City will pay for education credits earned at an accredited institution of higher learning at the rate oE $.40 per quarter credit starting with the ninety-first (91st) quarter credit up to a maximum of one hundred eighty (180) credits or a maximum of $36.00 per month. All courses taken must be approved by the Employer. No Firefighter hired after January 1, 1974 will be eligible for payments under ARTICLE XXIII. No Firefighter will draw both additional incentive pay under ARTICLE XXIV, and pay for educational incentive pay under ARTICLE XXIV, and pay for education credit. Employees will not be eligible for education credits during their twelve (12) month probationary period. A determination of the number of credits an employee is eligible for will be made on December 1 of the previous year. Credits earned during the year will not be counted 15 6.19 until the succeeding year. The City will not pay tuition for courses that the Employee will later be paid for as noted above. ARTICLE B$V SEVERANCS PAY 25.1 For all employees hired prior to January 1, 1978, the severance pay policy shall be as follows: Any Employee with forty-eight (48) or more consecutive months of employment will receive severance pay in cash based �on one- and-one-half (1 1/2) days for each twelve (12) consecutive months worked, but not to exceed thirty (30) days of the same. ARTICLE BBVI AAIVER 26.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding tenas and conditions of employment, to the extent inconsistent with the provisions of the AGREEMENT, are hereby superseded. 26.2 The parties mutually acknowledge that during the neqotiations which resulted in this AGREEMENT, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this AGREEMENT for the stipulated duration of the AGREEMENT. The EMPLOYER and the UNION each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered in this agreement or with respect to any term or condition of employment not specifi- cally referred to or covered in this AGREEMENT, even though such terms or conditions may not have been within the knowledge or contemplation of either or both of the parties at the time this contract was negotiated or executed. ARTICLE %XVII DIIRATION This AGREEMENT shall be effective as of January 1, 1994, and shall remain in full force and effect until the thirty-first day of December, 1994. In witness whereof, the parties hereto have executed this AGREEMENT on this day of , 1994. CITY OF FRIDLEY MAYOR - WILLIAM J. NEE CITY MANAGER - WILLIAM W. BURNS FOR THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL NO. 1986 16 6.20 HOWARD H. SIMONSON KEVIN J. SWANSON KIM M. HERRMANN JOHN D. BERG I hereby recommend to the City Council approval of this agreement. WILLIAM C. HUNT - ASSISTANT TO THE CITY MANAGER CHARLES J. MCKUSICK - CHIEF, FIRE DEPARTMENT 17 6.21 TO: Engineenng Sewer Water Pa�ks Slreets Maintenance William W. Burns, City Managei PW95-099 FROM: �John G. Flora, Public Works Director ��lyde V. Moravetz, CATV Administrator DATE: May� 1 S, 1998 SUBJECT: Continued Public Hearing on the Proposed Transfer of Control of CATV Operations in Fridley On February 21, 1995 the City of Fridley received written information from Paragon Cable requesting the approval of a Change of Control of KBLCOM Incorporated from Houston Industries to Time Warner, Inc. The City's approval of this request is requized under Section 405.12.2.B(1) of the Fridley CATV Franchise and Sectian 23$083 of Minnesota Statutes. The procedure for considexation of this request requires that the City either approve the request or conduct a public hearing if we believe there may be an adverse impact on subscribers. On March 20, the City Council set a public hearing for Apri124 to solicit comments from citizens and other interested parties regarding the proposed transfer of control.On ,P1pri124 the City Council continued the public hearing to May 1 S. The nature of the public hearing is merely to receive comments from the public. Staff recommendation won't be available until early June. The City should be pazticularly interested in receiving information regarding the legal, technical and financial qualifications of Time Warner, Inc. In addition, any other relevant information may be presented during the public hearing for the City's consideration regarding this mattex. Appropriate public notification was made in the April l l and Apri118 Focus Publications (see attached Notice of Public Hearing). As you know, the Council has again authorized us to retain the services of Brian Grogan at the Minneapolis Zaw firm of Moss & Barnett to assist in reviewing the legal, technical and financial qualifica.tions af Time Warner, Inc. Mr. Grogan is in the process of soliciting information from both Time Warner and KBLCOM and preparing his Yecommendations. See attached transfer update dated May 9, 1995. Mr. Grogan's report together with other information received at the public hearing and the CATV Commission meeting of May 31 should provide basis for approval or denial of the proposed transfer of control. We suggest the Council continue the continued public hearing of May 15 to June' 12. For your information, also attached is a brief overview of transfers of ownerships. JGF/CVM:cz Attachments 9.01 � _�� •. ..,,� � CITY OF FRIDLEY NOTICE OF HEARtNG PROPOS�D TRAtVSFER OF CABLE TELEVISlON SYSTEM The City of Fridiey, Minnesota, will hold a public hearing on Monday, April 24, 1995, at 7:30 p.m. in the City Councii Chambers of the Municipal Center to consider issues regarding the proposed transfer of the Cable Television franchise and system of KBLCOM Incorporated from Houston Industries Incorpo�ated to Time Warner, Inc. The Municipal Center is located at 6431 University Avenue NE, Fridley, MN. Any person may speak to the City concerning the proposed transfer at the time of the public hearing. Any person may submit written comments by addressing those comments to the Cab1e Television Administrator, Clyde Moravetz. Any person who wishes to speak at the public hearing is requested to contact the CATV Administrator prior to the public hearing or to sign up to speak at the public hearing on a list which will be available in the City Council Chambers immediatefy prior to the hearing. The City Cable Television Administrators telephone number is 572-3554. Dated this 10th Day of April, 1995. City of Fridley, Minnesota 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 April 17, 1995. PUBLISHED: FRIDLEY FOCUS April 11, 1995 April 18, 1995 9.02 ��• r y: � ��1 :i► 4�: �; � •: � �_;�� . l;i� 11ap 9, 1493 On t�arah i?, 1995 �riaa T. Groyan, Egq. af ]Kaaa & Barneet, sent a: le�t�ar to Mr. Weyne D, RuS.ghton, EYecutive Vice Preai�aut dnd Ge�eral Mtult�qex, Parngon Cab�a, enclosi�g a�raaafer Questionuairs/Agp].i�atiox� ("1►pplicatioa") to be comgxeCed by Lhe partf�s involved ia the proposed tirauasfer of RBLCOM Incorporated from Housto�n Iadastries I�COrpor�ti�d to Txme iia►r�er In�. �t 3:30 �.n�. FridBy, May 5, 1945, Mr. Gro$an receiveQ a haszd deliva�red rs�spon�e from Paragon C�b1e. Ad!lftiona►1 fibaacial in�orn�atian wa8 received b� Mr. Groqma on May 8. 1995. The response, which aa� eent from Paragon Ct�D�e'a 1vG�1 office, folloxed tihe farmat requeated in the Application and reaponde�. Mith a feN a��sp�ioxts, to the queet�dns cont�ined tbarein, Sinae the re8ponse was not accompaa�ed by any cover le�ter nar signed bp �ny individuel or cOmpany Me are uncerta�in the author of the respanse. Gene�allp, the respaase indica�tes that ehe �.00t�l opera�iaas of Paraqon Cable �ril]. rema�n unchanqed �� a reauXt at the propo8ed Crans�er of control of RsLCOM Ix►corpprated. As yau rnay k�ow, oae di the oblsg�tions of a fraucb�sing author�ty when reviewiuq a praposed transfe� pf coatra]. ia to revi�w the legal, technicn� 8nd fin�naial qualificati.ons of the neW contrallinQ e�titiy. 0�.9 di the more challenging a8percts of this transfer Of coAtrol ia the teehaical qualifications of Tims w�rner Inc. Virtuallp all of the eatartainment businesses of T�sa� Waruar IaC., iacludi�g the ce�ble telev3.ai4n operations, are conducted by Txzae i�arner Entertainmeat Comp�y, L.P. ("TWE"). �n this transaction it was not �osaible for TWE to �cguire oMaer�hip of ABLCOM Incorpor�ted due CO the fiaaaCial iaterest Mhich U.B. ifeat, �nC. current].y hoida in TWE. Exi�stfng croas vanerah�p reatirictians under federpl laM prohibit a loCal exchange carrier �uch as U.S. Wegt, Ibc. to d�.n and cont�rol a cable tielev�sion campany within its telephox�e service area. Recent court cases regardiaq this crosa owner�hip issue have areated coniEusion regarding the applicability af tha reatrictiona, however, at tht� present tirne the croa� oKnership reatriction�a remnia federal law. Therefore, KBLCOM IaGOrporated �a beinq aoquired by the garex�t Campany of TWE, Tfine Warner Inc. Wbfle Time W�raer XnC. fa the l�xges� medi� end eatert�in�nent camQauy in the .,or1Q, all o� the cab�e televiaion upertstions t�r� coaductad thraugh Ta.me Waruer Inc.'s subaidinry, TWE. This obviously cre�t�� an iuterestinq eituation 4ince all of the coaaiderable cable televieian expertise egists throu�h Ti��tE �hi�h ie pravente4 from garti�ipnting ixi thi� tranaa�o�ion for the renson�a described nbove. In respanae ta the questions aontafned within the AppliGatiau, nll respottaes pravi6ed refer to Time W�raer Ina. "�a¢ its affiliates.�� In other aorQs, ali of the cable ey�tame ide».t�.fi�Q by Time W�r�ner Inc. apQear t4 be owaed and operated by TWS. althouqh unalear in the rea�onse, it does nat nppear Time wa�ruer znc. d3rectly osms Aad operetea nny cuble �elev3sion system� ixi the United States. 9.03 Two questions Mhich Mere uuansMe�ea fn the reeponse Mera: � 2A(ii) Pleaae �:plain wby Time W�rner gntertainment Company, L.P. reCently CranBferr�d several Minnesata syatam8 to Hresnan Corranunicntions CorppratiionJ and • the inCluaion of cont�ct i�dividuala SnA phone nurnbers for certa�n cable 8yatems held by T3utie Warpar Inc. I balx8ve Me C�n util�se other aourcea to dbtain contact ipdividuala to revie� the performe►nce of Time Harner, I�a. in providiaq ca�ble television eervice within othe� juriadiCtions but �re will �►eek explanatior� reqareing ths omiseion of the r�c�pon�e t0 questian aA(ii?. Furtbex, ae xill seek an "�yr� ted" (aigne�) capy of the respon�e �a thet trie a�aaxers givea �hereix� can be relied c�pon by the franchisinq authorit�ea involved in thia matter. Witi� respect to the financi�l intoxmp�i�n received o» Monday, M�y 8, 1995. Tim� Warne�r Inc. res�ponded Co the 10 queatione ix�ciude4 ia the App�iaation by groviaing one (1) copy of their &ecur�.ties �nd Eschanqe Commissian lOK (Anuual R�port pursua�at to Sectian 13 or 15{8) of the SeCuriti88 a�nd Eaah�nge Act of 1934). While our queat�aas sought pra fosnaa projectiious a�d rela�ed 3ai�orma�ion xegarding the systems involved �u �his tra»saCtfott, we nill �ttempt to glean the necessary informatiQn from �he mntierials provide�l by Time W�rner Inc. and bASe aur report thereon. Ax�y epecific questions or iasues which hnve ariaen in your oammunity �urinq th� tima p�eriod we h�ve awaitad respoaae from the partiea involv�d in the prapo�ed traaBfer of cantrol shaulQ be fors�►arfled to Mr. Grogan ds soon as posesible. Mr. t3roga�n will aCtempt to ndd�reas all issues relev�nt to Che propoaed tirarx�fer of coatral in his fiaa�l repart �.hich is �zpected iu the next �everaY v�eeks . 416ZBTG -2- � � �' I. APPLICABLE LAW A. Federal B. State C. Locai THE TRANSFER PROCESS Cable Communications Policy Act of 1984, as amended - § 617 (47 USC 537) Minnesota Cable Communications Act, chapter 238 - 238.083 Sale or Transfer of Franchise All applicable regulatory ordinances regarding cable television local franchise documents 9.05 II. Procedure A. Federal Law 1. 36 month hoiding period after acquisition or construction of system 2. Franchising authority has 120 days to act on request for app�ovai a. Parties may agree to extend time b. If no action within 120 days, approva( deemed to be granted B. State Law 1. Written approvaf of franchising authority required 2. Parties to sale must make written request to franchising authority 3. Franchising authority must reply in writing within 30 days of request, indicating a. Approval of the request b. Determination at a public hearing is necessary due to adverse efifect on subscribers 4. Franchising authority shall conduct public hearing within 30 days of such determinatio� 5. Subject to local law, notice of public hearing must be given 14 days in advance by publishing local newspap�r 6. Notice must contain date, time and place of hearing and substance of action to be covered 7. Within 30 days after the public hearing, the franchising authority must approve or deny of the request :� �vriting (approval must not be unreasonably withhefd} -' 1 . C. Locai Franchise Documents 1. Consent to transfer provision Rights regarding transfer Rights may be qualified by terms of franchise Franchise may have procedural requirements, including public hearing May be time limits imposed 2. Right to purchase upon sale provision 3. Other relevant provisions Trigger for other provisions in franchise -�.�7 III. REQUIRED iNFORMATION A. Request information from seller 1. Sale documents 2. Franchise compliance audit B. Request information from buyer 1. Legal qualifications Legai structure of buyer Current cable franchises held by buyer . Civil, criminal proceedings Franchise enforcement proceedings 2. Technical qualifications . Technical/managerial staff Technical status of buyers -- other systems Plans to improve or alter system Plans to change operations of the system Request for modifications of franchise 3. Financial qualifications Financing documents Debt-to-equity ratio of the financing Current and historical financial statements Securities and Exchange Commission filings �inancial performance of system -�.�8 IV. TERMS AND CONDITIONS OF APPROVAL A. Minimum Conditions 1. Acceptance agreement � 2. Performance bond _ - 3. Certificate of insurance for reimbursement of transferred costs 4. Guarantee ot parent company B. Possibie Additional Conditions 1. Prepayment of franchise obligations 2. Buyout of franchise provisions 3. Other conditions regarding issues uncovered during franchise audit V. DISAPPROVAL A. Basis 1. Buyer not qualified 2. Won't undertake franchise obligations 3. Buyer agreed to lawfully-imposed conditions 4. Presents risks to the community for noncompliance 5. Legal, technical and_ financial qualifications 408Z140 _�9.09 �� i r � � J DATE: TO: FROM: SUBJECT: Community Development Department PLANNING DIVISION City of Fridley May 11, 1995 �� William Burns, City Manager Barbara Dacy, Community Development Director First Reading of an Ordinance Amending Chapter 206 of the Fridley City Code At the May 8, 1995 meeting, the City Council tabled action on first reading of an ordinance amending Chapter 206 of the Fridley City Code in order to have staff provide information about the cost of the City's services versus the amount of fees charged for building permits. Publicorp, in its 1993 fee study, analyzed a number of the permits issued by the Building Inspection division. Of the eight types of permits analyzed, seven of the permits did not generate enough fees to cover the cost of the services (copies of the fee study is attachedj. Recommendation Staff recommends that the City Council adopt first reading of the attached ordinance as presented. BD/ dw M-95-281 10.01 , BLDG. PERMIT - C/I ALT. � Per Unit Cost and Revenue information Cost Per Unit: Commun'tty Development � Fire Total Cost Per Unit: MCity of Fridley Current Fee: Average - Required Tax Subsidy: ' � Recommended New Fee: Ave�age - �' � BLDG. PERMIT - C/! NEW Per Unit Cost and Revenue information Cost Per Unit: ' Commun'tty Development Fire Totai Cost Per Unit: City of Fridiey Current Fee: Average - Required Tax Subsidy: Recommended New Fee: Average - BLDG. PERMIT - RES. ALT, Per Unit Cost and Revenue information Cost Per Unit: Community Development Totat Cost Per Unit: Ciry of Fridley Current Fee: Average - Required Tax Subsidy: $1,192.68 $1.685.67 $2,878.35 $1,605.33 $1,273.02 $1,605.33 $4.240.74 $1,685.30 $5,926.04 $4,105.20 $1,820.84 $4,105.20 $349.73 $349.73 $81.00 $268.73 � Recommended New Fee: Average - $81.00 � ,: �> , BLDG. PERMIT - RES. NEW �' Per Unit Cost and Revenue tnformation � 1 Cost Per Unit: Community Development $2,849.36 � Total Cost Per Unit: $2,849.36 City of Fridley Cunent Fee: Average - $504.50 � $2,344.86 Requ+red Tax Subsidy: i� Recommended New Fee: Average - $504.50 � , As can be seen the City does not recover its costs on any of its Building Permits, either residential or Commercial/Industrial. Currently, for these permits, the City must subsidize the process to the approximate amount of $203,000. It is recommended that these fees remai� the same at this time. However, ��, � it is recommended that the City review these fees as soo� as the Tinal draft of the new Uniform Building Code (UBC) is published this year. Usi�g that , document the City should proceed with raising fees in this area to a more realistic level. � 10.-R2 LOT SPLIT Per Unit Cost and Revenue fnformation Cost Per Unit: Public Works Community Development Total Cost Per Unit: Ciry of Fridley Current Fee: Required Tax Subsidy: Recommended New Fee: $199.66 $780.60 $980.26 $ 100.00 $880.26 $250.00 The cost of processing a lot split is neady 10 times the current fee. It is recommended that the fee be increased to $250.00 and reviewed again next year. MECHANICAL PERMiT C/I � I� Per Unit Cost and Revenue IMormation I �� Cost Per Unit: I Community Deve(opmerrt Total Cost Per Unit: City of Fridiey Current Fee: Average - Required Tax Subsidy: Recommended New Fee: Averag� � It is recommended that this fee remain ai its current levei. 10.03 $443•48 $443.48 $1,090.00 ($sas.s2) $1,090.00 MECHANICAL PEAMIT RESIDENTIAL � Per Unit Cost and Revenue Information Cost Per Unit: communiry Development Total Cost Per Unit: City of Fridley Current Fee: Average - Required Tax Subsidy: Recommended New Fee: Average - $142.88 $142.88 $40.00 $102.88 $40.40 It is recommended that this fee remain at its current level. Even though residential mechanical permits require a tax subsidy of approximatefy $12,000 that amount is made up through the average fees coilected in conjunction with commerciai/industrial mechanicai permits. MINING PERMIT I Per Unit Cost and Revenue information Cost Per Unit: � Public Works I Total Cost Per Unit: � City of Fridiey Current Fee: Required Tax Subsidy: Recommended New Fee: $33.21 $33.21 $0.00 $33.21 $0.00 The mining permit is a holdover from the days (long ago) when there were gravef pits in the City. ihis has not been used in many years and it is recommended that this fee and permit be deleted. � I i i , ; � 10.04 ... i __ I'f� � � � � � pLAT Per Unit Cost and Revenue Information Cost Per Unit: Pubiic Works Communiry Development Cit�r Clerk Total Cost Per Unit: City of Fridley Current Fee: Required Tax Subsidy: � Recommended New Fee: $233.67 $972.60 $1.92 $1,208.19 $500.00 $7d8.19 $500.00 The current fee for a piat captures less t� homeownees it ip sebei g recommended �to lea etttiis feeyat its votume and the fact that most plats affect roximatei $2,800. current level. Doing so resuits in a yeariY tax subsidy of app Y PLUMBING PERMtT-C/1 � _ Per Unit Cost and Revenue Information Cost Per Unit: Public Works Community Development City Cterk Total Cost Per Unit: Ciry of Fridiey Current Fee: Average - Required Tax Subsidy: Recommended New Fee: Average - $327.01 $450.50 $5.76 $783.27 $425.00 $358.27 $425.00 �� Neither the commercial/industriai nor the rse�i aent Pe�� rt�S ef eCOmmend'edcthat bo htof hese fees be of providing the service. Similar to the 9 � reviewed when the new Unifo�m 8uitding Cod�(UBC) is published. Currently, the tax subsidy inc�rred wtt ,� both of these permits is approximatety $60, � �� il 1 �.,�QS' � � � � - PLUMBING PERMIT-RESIDENTIAL� ` Per Unit Cost and Revenue Information Cost Per Unit: Public Works Communiry Development Ciry Clerlc Total Cost Pe� Unit: City of Fridley Current Fee: Average - Required Tax Subsidy: Recommended New Fee: Average - POUCE REPORTS Per Unit Cost and Revenue tnformation Cost Per Unit: Po4ice Total Cost Per Unit: City of Fridley Current Fee: Required Tax Subsidy: Recommended New Fee: It is recommended that this fee remain at its current {evel of $5.00: 10.06 dR $327.01 $149.89 $5.76 $482•66 $140.Q0 $342.66 $140.00 $5.29 $5.29 $5.00 $029 $5.00 EXISTING BUILDTNG PERMIT FEE SURVEY FOR SPECIFIC PROJECTS NEW BRIGHTON Building Permit 65% Plan Check TOTAL COLUMBIA HEIGHTS Building Permit SO% Plan Check TOTAL BROOKLYN CENTER Building Permit 32.5% Plan Check TOTAL FRIDLEY Building Permit 0% Plan Check TOTAL $150,000 Home $1,001.25 $ 650.81 $1,652.06 $ 814.50 $ 407.25 $1,221.75 $ 814.50 � 264.71 $1,079.21 $ 814.50 $ .00 $ 814.50 $5� 000 Deck $ 88.50 $ 57.52 $ 146.02 $ 72.00 � 36.00 $ 108.00 $ 72.00 $ 23.40 $ 95.40 $ 72.00 � .00 $ 72.00 16 Sq Roof Tear-off $ 59.35 S .00 $ 59.35 $ 35.00 $ .00 $ 35.00 $ 37.00 $ .00 $ 37.00 $ 27.00 $ .00 $ 27.00 PROPOSSD BUILDING PERMIT FEE SURVEY FOR SPECIFIC PROJECTS COLUMBIA HEIGHTS Building Permit $1,145.00 $ 100.50 $ 52.25 50% Plan Check S 572.5Q $ 50.25 S .00 TOTAL $1,717.50 $ 150.75 $ 52.25 FRIDLEY Building Permit 0% Plan Check TOTAL $1,145.00 $ .00 $1,145.00 $ 100.50 $ 41.25 $ .00 S .00 $ 100.50 $ 41.25 NOTE: Most cities are still in the process of updating their codes and f ees . 1 �.�7 PLUMBING PERMIT FEE SURVEY Basic.Piumbing Permit Charges for Water Heater Instaliation CITY RESIDENTIAL (NEW WATER !, COMMERCIAL MlNIMUM UPDATING � HEATER IN HOUSE) i NEW WATER HEATER FEE ' CODE � _------ - --------_ _ ___ _ — __ _ - --_ — _ __I i --- -- _ _ - -- -_ _ _ _ - --- I- - ----- NEW BRIGHTON ! Pop. 22324 __ $25.00 + SURCHARGE �2% OF VALUE � NEW ------ ----- ----------- ----- ---- MOUNDS VIEW I I Don't Pop. 12638 $22.00 + SURCHARGE �$22.00 + SURCHARGE Know BLAINE ; �n Pop. 40501 $29.00 + SURCHARGE $29.00 + SURCHARGE Process BROOKLYN CENTER � � �n Pop. 28558 $35.00 + SURCHAR�E �$35.00 + SURCHARGE ! Process f BROOKLYN PARK �n Pop. 57688 $15.00 + SURCHARGE $15.00 + SURCHARGE Process COON RAPIDS Pop. 56493 $30.00 + SURCHARGE $30.00 + SURCHARGE NEW SPRING LAKE PARK In process of hiring new buildin official Pop. 6598 Wili probably update fees � ARDEN HILLS � In Pop. 9513 $15.00 + SURCHARGE �$15.00 + SURCHARGE ' Process FRIDLEY (Proposed) �n Po . 28369 $20.00 + SURCHARGE 1%- 1 1/2% of Value $20.00 Process Fees from the 1994 UPC $27.00 $27.00 $20.00 � �.�$�. r•� Z � �w �w z �- � E � � � ` �'' = =' LL ll�. LL t1 au a� m m m � � � � � � E �*- � � � � = = ti Lt�„ U�.. 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Z 0 � Z a� Nrn �� o � � _ _ ------10.09'—' - Q LL' ' � t� r � _.1_______ ___•.___._" L� __�'_ `___ ._-__ MEMO TO: MEMO FROM: MEMO DATE: REGARDING: BU[LD[NG INSNECTtON DIV[S[ON MEMO Barbara Dacy, Community Development Adm John Palacio, Chief Building Official April 7, 1995 Ordinance Amending Chapter 206 Please find attached a proposed ordinance which will amend Chapter 206 and a rewrite of City Code Chapter 206 "Building Code" with the proposed amendments included. It will when approved adopt all the latest State Model Codes as well as an updated fee schedule. .The deleted portions are struck out "---" and the new or revised portions are underlined . We recommend that the new code, when adopted and published, become effective as soon as possible. We recommend that the new fees become effective on June l, 1995. The new fees are comparable with the surrounding areas. I feel the plan check and review fees for single family homes should continue to be dropped which will decrease the proposed increase on them. JP/mh ATTACH: 2 10.10 TO I� RO\9 Dr�TE � °F. F'��/_ U »`� �� PU�LlC WORKS MEMORAN[�UM Rick Prib��1. �inance Director Paul La�� rence. Superintendent of Public b'l'orks March 14. 1 ��9i SUBJECT: Water and Se�ver Fees -------------------------------------------------------------------------------------------------- As requested, tl�e Public �'orks 1��Iaintenance Division has reviewed the cost to tl�e City for providing certain �vater and seu�er services. Item H�V1tei- arid Se«�er Fees (Ref 901) 1 ? 3. 4 5 6 7 Hydrant Rental Agreement - service charge should be increased from S25 to $35. Water useage sl�ould be increased from $0.75/1,000 to $1.00/1,000 �allons used. �`Both items one and two are recommended because both require invoivement of City personnel. Minicnum $10 pius refundable deposit on equipment (the refundable deposit should be set at the replacement cost of the equipment). Water tap fees sliould be increased from $l60 io $300 plus the cost of materials. Street patch cost should be increased from $150 fot' the ficst 5 sc�uare yards to $300. All work over 5 square yards should be charged at $30 per square yard. There should also be a charge established for work done between November and May 1, for a temporary patch in addition to the permanent patch fees. The temporary patch charges are necessary because permanent patch materia( is not avaiiable during these time periods and will have to be redone iater. *Temporary patch fees (Nov. 1 through May 1) $200 for the first 5 square yards and $20 per square yard over S square yards. Water meter repair on the weekend or holidays should be increased from $35 to $.75 to reflect the 2 hours minimum callout time for Public JVorks personnel. Inspection fee for water and sewer line repair should be increased from S 15 to $25 to i�etter reflect the City's cost for providing this service. Hydrant rental agreement service charge Water usage Minimum $10 plus *refundable deposit (*equal to replacement cost of equipment) Water taps Street patch permanent first S square yards Next 10 sctuare vards 10.11 Current Pronosed 25.00 35.00 .75/1000 1.00/1000 1 b0.00 I 50.00 �� 300.OQ 300.00 Over- i 5 squarc yards "Ncw rate" over 5 squarc yards "New° street patch temporary Nov 1 thni May 1 *Te►nporary patch i» addition to street patch First S square yards ' Over 5 square yards Inspection fee for water/sewer 10.12 Cu rrcn t 7.50 15.00 f'rot�oscd 30.00/sq. yd. 200.00 20.00/sc�. yd. 25.00 ORDINANCE NO_ AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 206 ENTITLED "BUILDING CODE", BY AMENDING SECTION5 206.01.02, 206.01.03, 206.01.04, 206.03.01, 206.03.02, 206.05.01, 206.07.07, AND 206.10.04 206.01. BUILDING CODE l. The Minnesota State Building Code, established pursuant to Minnesota Statutes 16B.59 through 16B.73, one copy of which is on file in the office of the City Clerk of Fridley, Minnesota, is hereby adopted by reference as the Building Code of the City of Fridley and incorporated in this Chapter as completely as if set out here in full. (Ref. 901) 2. The following chapters of the Minnesota State Buildina Code includin,� the followinq chapters of Minnesota Rules are adopted by the City: A. Chapter 1300 - Ge�e--��.�nis��a�3en Minnesota Building Code. B. Chapter 1301 - eer��€�ee��en---E�rrr�---�art'��nel �;e�txee��en-tr�--Htri-i-di�g�i�ia-l� Building Official Certification. C. Chapter 1302 - Bt��e��ag- �� :�`4=�-�-��'-Ste�e ��en� -�*�y�-�o�r---R�z�es State Buildina �*--- ��..� _- Construction Appro^ vals. D. Chapter 1305 - Adoption of the 4988 1994 Uniform Building Code 1��--�eferenee includincr A,��e.! ndi� Chapters : -�l�e-�9��--�'.r�--��7 :��.zo�e-��-��e�a�e�°s ; a�e�-�2e�ateel-fle�i�•es-3�-a�--�a�n��ckkne3� t�a-�1°r�g�er-�� e€-t�e-HBE-nr�el-ne-�erger-f ee��el-�n-S$e-Rt��e-�3�9 .- j�� 3 Divi,sion I Detention and Correctional Facilities f�� ,j2� 12 Division II. Ree��#ree��ra�i-�io�rrs---��2 hgger�e��x-@l�epter-�5 Sound Transmission Control. j31 29, Minimum Plumbing Fixtures E. C�apt-er 1307 - Elevators and Related Devices � F. Chapter 1315 - 1993 National Electrical Code ��. Chapter 1325 - Solar Energy Systems 6 H. Chapter 1330 - �Peehn�ee�--3Zeejti3re�s---€�r Fallout Shelters H�. Chapter 1335 - Floodproofing Regulations 10.13 Page 3 - Ordinance No. B. The Building Inspection Division shall be the Building Code Department of the City of Fridley. The Administrative authority shall be a State Certified Building Official. jMinnesota Statute 16B.65) C. The City Manager and designate jurisdiction of 206.02. CONFLICTS shall be the Appointing Authority the Building Official for the Fridley. (Ref. 961) Tn the event of any conflict between the provisions of this Code adopted by the provisions of this Chapter and applicable provisions of State law, ruZes or regulations, trie latter shall prevail. 206.03. PERMITS AND FEES 1. The issuance of permits, een��e��en-e€-�rrgpeetiarr9 and collection of fees shall be as authorized in Minnesota Statute 16B 62 subdiv�sion 1 and as provided for in Chapter 3 1 of the �988 1 94 Uniform Building Code and Minnesota rules �arts 1305 0106 and 1305 0107. Section 3g#;-p�ra�r�p�-(-�-} 107.3, is amended to read "...except on pccupancy groups R-3 and M-� U.1". {Ref. 901) 2. Violations and Penalties A violation of the code is a misdemeanor �Minnesota Statute 16B.69) � 3.The fee schedules shall be as follows: A. Plan Review Fees. (1) When a plan or other data are submitted for review, a plan review fee shall be paid at the time of submitting plans and specifications for review. ( 2) Where plans are incorporated or changed so as to require additional plan review an additional plan review fee shall be charged. (3) Applications for which no permit is issued within 180 days following the date of application shall expire by limitation and plans and other data submitted for review may thereafter be returned or destroyed. The building official may extend the time for action by the applicant once for a period not exceeding 180 days upon request by the applicant. ( 4) The plan review fee shall be 65 percent ( 65� ) of the building permit fee and shall be credited to the building permit plan check fee if a permit is 10.1a Page 4 - Ordinance No. obtained within 180 days following the completion date of plan review. (Ref. 901) B. Building Permit Fees. (Ref. 901) TOTAL VALUATION FEE $ Z.00 to $ 500.00 ...............$��.-ee a2.00 $ 501.00 to $2,000.00 ..............$�5.-8A 22.00 for the first $500.00 plus $z.-88 2.75 for each additional $100.00 or fraction thereof, to and including $2,000.00 $ 2,001.00 to $25,000.00 .................$45.-89 63.00 for the first $2,000.00 plus $9.-99 12.50 for each additional $1,000.00 or fraction thereof, to and including $25,000.00 $25,001.00 to $50,000.00 .................$�5�.-A8352.00 for the first $25,000.00 plus $6.-59 9.00 for each additional $1,000.00 or fraction thereof, to and including $50,000.00 $50,001.00 to $100,000.00 ................$4��:59 �580.00 for the first $50,000.00 plus $$.-59 6.25 for each additional $1,000.00 or fraction thereof, to and including $100,000.00 $100,001.00 to $500,000.00 ...............$6�9:58 5895.00 for the first $100,000.00 plus $3:�59 5.00 for each additional $1,000.00 or fraction thereof, to and including $500,000.00 $500,001.00 to $1,000,000.00 .............$�A39:59 52,855.00 for the first $500,000.00 plus $3.-99 4.25 for each additional $1,000.00 or fraction thereof, to and including $1,000,000.00 $1,000,001.00 and up ................... .$3;539:56 54,955.00 for the first $1,000,000.00 plus $�.-99 2.75 for each additionai $1,000.00 or fraction thereof Other Inspections and Fees: Inspections outside of normal business hours....$39.-98 42.00 per hour* (minimum charge - two hours) Reinspection fees assessed under provisions of HB2 Sect�er�-�95{-cf} 5ection 108.8 ................. $39.-ee 42.00 per hour* Tnspections for which no fee indicated ..................... $39.-ee (minimum charge - one-half hour) 10.16 is specifically 42.00 per hour* Page 5 - Ordinance No. Additional plan review required by changes, additions or revisions to approved plans ................ $38-98 42.00 per hour* (minimum charge - one-half hour) *Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved. For use of outside consultants for plan checking and inspections, or both . Actual Costs** Residential Mobile Home Installation........$30.00 Surcharge On Residential Buildinq Permits. A surcharge of $5.00 shall be added to the permit fee charged for each residential building permit that requires a State licensed residential contractor. **Actual costs include administrative and overhead costs. C. Plumbing Permit Fees. (Ref. 901) F$E Minimum Fee .......................$ ��.-99 20.00 Each Fixture ...... ...............$ 7.00 Old Opening, New Fixture..........$ 4.00 Beer Dispenser ....................$ 5.00 Blow Off Basin ....................$ 7.00 Catch Basin .......................$ 7.00 Rain Water Leader .................$ 7.00 Sump or Receiving Tank............$ 7.00 Water Treating Appliance..........$ 10.00 Water Heater-Electric .............$ 7.00 Water Heater-Gas. . . . . . . . .$ 10.00 Backflow Preventer.. .S 15.00 OTHER ...... ......................�� I- 2% of value of fixture or appliance Other Inspections and Fees: Inspections outside of normal business hours....$39.-98 42.00 per hour* (minimum charge - two hours) Reinspection fees assessed under provisions of HBE Seet�en- 3(�"r(-g} �ection 108.8 ................ $39.-96 4 .00 per hour* Inspections for which no fee is specifically indicated .............. $36.-98 42.0 per hour* (minimum charge - one-half hour) 10.17 Page 6 - Ordinance No. Additional plan review required by changes, additions or revisions to approved plans....$38.-99 42.00 per hour* (minimum charge - one-half hour) *Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved. For use of outside consultants for plan checkinq and inspections, or bath Actual Costs** **Actual costs include administrative and overhead COStS. D. Mechanical Permit Fees. (Ref. 901) FEE (1) Residential Minimum Fee . .....................$ ��,-6g 25.00 Furnace ...........................$ �9.-99 30.00 Gas Range .........................$ 10.00 Gas Dryer .........................$ 1Q.00 Gas Piping ........................$ 10.00 Air eonditioning ..................$ �9.-69 25.00 OTHER .............................10 of value of appliance (2) Commercial Minimum Fee .................... ..$ ��.-86 25.00 Al1 Work .........................�� 1.25% of value of appliance Other Inspections and Fees: Inspections outside of normal business hours....$39.-89 42.0o per hour* (minimum charge - two hours) Reinspection fees assessed under provisions of 8B2 Sec��e�-3�95�} Section 108.8 .. $�6.-88 42.00 per hour* Inspections for which no fee is specifically indicated..........$39.-8e 42.00 per hour* (minimum charge - one-half hour) Additional plan review required by changes, additions or revisions to approved plans.....$39.-98 42.00 per hour* (minimum charge - one-half hour) *Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved. For use of outside consu�.tants for nlan c�ecking and 10.18 Page 7 - Ordinance No. inspections, or both Actual Costs** **Actual costs include administrative and overhead costs. E. Electrical Permit Fees. (1) Payment of Fees All electrical inspection fees are due and payable to the City of Fridley at or before commencement of the installation and shall be forwarded with the request for inspection. (2) Fee Schedule Fees shall be paid according to the following schedule: (a) Minimum Fees. ffI)1 Residential. Minimum fee for each separate inspection of an installation, replacement, alteration or repair Zimited to one (1) inspection only....$15.00. Minimum fee for installations requiring two inspections shall be....$30.00. (Ref. 901) L(2)) Nonresidential Minimum fee for each separate inspection of an installation�, replacement, alteration or repair limited to one �1) ins�gction on].y S2o 0o Minimum fee for install.ations requiring two inspections shall be .. $40.00 (b) Services, changes of services, temporary services, additions, alterations or repairs on either primary or secondary services shall be computed separately. 0 to and including 200 ampere capacity ....$�5:A9 25.00. For each additional 100 ampere capacity or fraction thereof ...................$ 5.00. (c) Circuits, installations, additions, alterations or repairs of each circuit or subfeeder shall be computed separately including circuits fed from subfeeders and including the equipment served, except as provided for in (a) through (i). 0 to and 5.00. For each fraction including 100 ampere capacity...$ additional 100 ampere capacity or thereof ......................$ 3.00. 10.19 Page 8 - Ordinance No. ((1)) Maximum fee on a single family dwelling shall not exceed $69.-A6 75.00 if not over 200 ampere capacity. This includes service, feeders, circuits, fixtures and equipment. This maximum fee includes not more than four (4) inspections. (Ref. 901) ((2)) Maximum fee vn an apartment building shall not exceed $30.00 per dwelling unit for the first 20 units and $25.00 per dwelling unit for the balance of units. The fee for the service and feeders in an apartment building shall be in accordance with 2b and 2c of the schedule, and shall be added to the fee for circuits in individual apartments. The maximum fee for an apartment applies only to the circuits in the apartment. A two-family unit (duplex) maximum fee per unit as per single family dwelling. (Ref. 90l} ((3)) The maximum number of 0 to 100 ampere circuits to be paid on any one athletic field lighting standard is ten (10). (Ref. 901) ((4)) The fee for mobile homes shall be in accordance with 2b and 2c of the fee schedule. (Ref. 901) ((5)) In addition to the above fees: ((a) ) A charge of $1.00 will be made for each lighting standard. ((b)) A charge of $2.00 will be made for each traffic signal standard. Circuits originating within the standard will not be used when computing the fee. ((6)) In addition to the above fees, all transformers and generators for light, heat and power shall be computsd separately at $5.00 per unit plus $3.00 per 10-Kilovolt amperes or fraction thereof. The maximum fee for any transformer or generator in this category is $40.00. (Ref. 901) ((7)) In addition to the above fees, all transformers for signs and outline iighting shall be computed at $5.00 per unit .(Ref. 901) ((8)) In addition to the above fees (unless included in the maximum fee filed by the initial installer) remote control, signal circuits and circuits of less than 50 volts 10.20 Page 9 - Ordinance No. shall be computed at $5.00 per each ten (10) openings or devices of each system plus $2.00 for each additional ten (10) or fraction thereof . ( d) For the review of plans and specif ications of proposed installations, there shall be a minimum fee of $100.00, up to and including $30,000 of electrical estimate, plus 1/10 of 1% of any amount in excess of $30,000 to be paid by persons or firms requesting the review. (e)When reinspection is necessary to determine whether unsafe conditions have been corrected and such conditions are not subject to an appeal pendinq before the Board or any court, a reinspection fee of $15.00 �or residential and 520.00 for nonresidential, may be assessed in writing by the inspector. (Ref. 901) (f)For inspections nat covered herein, or for requested special inspections or services, the fee shall be $25.00 per hour, including travel time, plus $.25 per mile traveled, plus the reasonable cost of equipment or material consumed. This Section is also applicable to inspection of empty conduits and such other jobs as determined by the City. (Ref. 901) (g)For inspection of transient projects including but not limited to carnivals and circuses, the inspection fees shall be computed as follows: (Ref. 901) ((1) ) Power supply units, according to 2B of the schedule. A like fee will be required on power supply units at each engagement during the season, except that a fee of $25.00 per hour wiZl be charged for additional time spent by the inspector, if the power supply is not ready for inspection at the time and date specified on the request for inspection as required by law. (Ref. 901) ((2)) Rides, devices, or concessions, shall be inspected at their first appearance of the season and the inspection fee shall be $15.00 per unit. In addition to the �ee for the power supply units, there shall be a general inspection for each engagement during the season at the hourly rate, with a two hour minimum. In addition to the above fees, inspections required on Saturdays, Sundays, holidays or after regular business hours will be at the hourly rate, including travel time. 70.21 Page lo - Ordinance No. An owner of a migratory amusement enterprise shall notify the inspector and make application for inspection a minimum of 14 days before its engagement in Fridley. When the inspector is not notified at least 48 hours in advance, a charge of $100.00 will be made in addition to all required fees. (h)For purposes of interpretation of the provisions of this Chapter, the most recently published edition of the National Electrical Code shall be prima facie evidence of the definitions, interpretations and scope of words and terms used in this Chapter. ( i) In addition to the abave fees, the inspection fee for each separate inspection of a swimming pool shall be computed at $�5.-89 25.00. Reinforcing steel for swimming pools requires a rough-in inspection. (3) Minor Repair Work Defined. Minor repair work as used in Minnesota Statutes, Section 326.244 shall mean the adjustment or repair and replacement of worn or defective parts of electrical fixtures, switches, receptacles and other equipment provided that such minor repairs are made in compliance with accepted standards of construction for safety to life and property as defined in Minnesota Statutes, Section 326.243 and do not require replacement of the wiring to them. The City's inspectors or agents may inspect any such minor repairs at the request of the owner or person making such repairs. (4) Condemnation of Hazardous Installations. When an electrical inspector finds that a new installation or part of a new installation that is not energized is not in compliance with accepted standards of construction as required by Minnesota Statutes, Section 326.243 Safety Standards of the Minnesota Electrical Act, the inspector shall, if the installation or the noncomplying part thereof is such as to seriously and proximately endanger human life and property if it was to be energized, order with the approval of the Building Inspector, immediate condemnation of the installation or noncomplyinq part. When the person responsible for making the ins�allation condemned hereunder is notified, they shall promptly proceed to make the corrections cited in the condemnation order. (Ref. 901) (5) Disconnection of Hazardous Installation: If while making an inspection, the electrical inspector finds that a new installation that is � 0.22 Page 11 - Ordinance No. energized is not in compliance with accepted standards of construction as required by Minnesota 5tatutes, Section 326.243 Safety Standards of the Minnesota Electrical Act, the inspector shall, if the installation or the noncomplying part thereof is such as to seriously and proximately endanger human life and property, order immediate disconnection of the installation or noncomplying part. When the person responsible for making the installation ordered disconnected hereunder is notified, they shall promptly proceed to make the corrections cited in this disconnect order. (Ref. 901) (6) Corrections of Noncomplying Installations. When a noncomplying installation whether energized or not, is not proximately dangerous to human life and property, the inspector shall issue a correction order, ordering the owner or contractor to make the installation comply with accepted standards of construction for safety to life and property, noting specifically what changes are required. The order of the inspector shall specify a date of not less than 10 nor more than 17 calendar days from the date of the order. F. Moving of DweZZing or Building Fee. The permit fee for the moving of a dwelling or building shall be in accordance with the following schedule: For Principle Building into Citv... ............$ 88.-98 300.00 For Accessory Building into Citv .................$ �8.-96 42.00 For Moving any building out of-City.......$80.00 For moving through or within-er-et��-e� the City..$ �5.-98 20.00 G. Wrecking Permit Fee. (1) For any permit for the wrecking of any building or portion thereof, the fee charged for each such building included in such permit shall be based on the cubical contents thereof and shall be at the rate of one dollar and twenty-five ceMts ($1.25) for each one thousand (1000) cubic feet or fraction thereof. (2) For structures which wauld be impractical to cube, the wrecking permit fee shall be based on the total cost of wrecking such structure at the rate of six dollars ($6.00) for each five hundred dollars ($500.00) or fraction thereof. 10.23 Page 12 - Ordinance No. (3) In no case shall the fee charged for any wrecking permit be less than fifteen dollars ($15.00). H. Water and Sewer Fees. (Ref. 901) Hydrant Rental Agreement - Service Charge.....$ ��=98 35.00 (for use of hydrant or for hose/equipment use) Water Usage......... _$ 8.-�� 1.00/1,000 gallons•used•-Minimum•$10.00, plus Refundable Deposit on Equipment equal to reblacement cost of equipment Water Taps ............ ........... ....$�68:66 $300.00 plus cost of materials . Street Patch - First 5 sq. yds..........$�Se.-g@ 300.00 Ke��-�6-sq.--�ds.-.-.-.-.-.-.-.-.-.-.-.-.-..-�.-$-�5.-99fsq.-�d.- --6�er-4�-sq.--yds.-.-.-.-.-.-.-.-.-.-.-.-.-..-..-$--3:�ef9q.-�d.- Over 5 Sa. Yds + S30 00/sq yd em orar Street Patch (Nov. 1 thru May 1� First 5 Sq Yds 5200 00 Over 5 Sa. Yds. 520.00�Sq Yd Water Meter Repair-Weekend & Holidays.$-�5.-Q6 75.00 Water Connections Permit..........$ 15.00 Sewer Connections Perm,,,...,,,,,,$ 25.00 Sewer O-Dapter ....................$ 5.00 Inspection Fee for Water/Sewer Line Repair....$ �5.-98 25.00 I. Land Alterations, Excavating, or Grading Fees including Conservation Plan Implementation Fees. (Ref. 901, 1012) 50 cubic yards or less .............$ 40.00 51 to 100 cubic yards .............$ 47.50 101 to 1,000 cubic yards...........$ 47.50 for the first 100 cubic yards plus $10.50 for each additional 100 cubic yards or fraction thereof . 1,001 to 10,000 cubic yards.......$167.00 for the first 1,000 cubic yards plus $9.00 for each additional 1,000 cubic yards or fraction thereof. 10,001 to i00,000 cubic yards..........$273.00 for the first 10,000 cubic yards plus $40.50 for each additional 10,000 cubic yards or fraction thereof. 100,001 cubic yards or more...........$662.50 for the first 100,000 cubic yards plus $22.50 for each additional 100, 000 cubic yards or fraction thereof . � �.24 Page 13 - Ordinance No. Land Alteration Plan-Checking Fees: 50 cubic yards or less .......................No Fee 51 to 100 cubic yards ................. $ 15.00 101 to 1,000 cubic yards .............. $ 22.50 1,001 to 10,000 cubic yards........... $ 30.00 10,001 to 100,000 cubic yards......... $ 30.00 for the first 10,000 cubic yards plus $15.00 for each additional 10,000 cubic yards or fractzon thereof. 100,001 to 200,000 cubic yards....... $165.00 for the first 100,000 cubic yards plus $9.00 for each additional 10,000 cubic yards or fraction thereof. 200,001 cubic yards or more........ $255.00 for the first 200,000 cubic yards plus $4.50 for each additional 10,000 cubic yards or fraction thereof. J. Pollution l�ionitoring Registration Fee. (Ref. 929, 947) 1. Each pollution monitoring location shall require a site map, description and length of monitoring time requested. (For matter of definition pollution monitoring location shall mean each individual tax parcel.) There shall be an initial application and plan check fee of Twenty Five Dollars ($25). 2. The applicant for a Pollution Control Registration shall provide the City with a hold harmless statement for any damages or claims made to the City regarding location, construction, or contaminates. 3. An initial registration fee of Fifty Dollars ($50) is due and payable to the City of Fridley at or before commencement of the installation. 4. An annual renewal registration fee of Fifty Dollars ($50) and annual monitoring activity reports for all individual locations must be made on or before September first of each year. If renewal is not filed on or before October first of each year the app].icant must pay double the fee. 5. A final pollution monitoring activity report must be submitted to the City within (30) days of termination of monitoring activity. (Ref. 961) 206.04. DOUBLE F'EES Should any person begin work of any kind such as hereinbefore set forth, or for which a permit from the Building Code Department is required by this Chapter 14.25 Page 14 - Ordinance No. without having secured the necessary permit therefore from the Building Code Department either previous to or during the day where such work is commenced, or on the next succeeding business day when work is commenced on a Saturday, Sunday or a holiday, they shall, when subsequently securing such permit, be required to pay double the fees provided for such permit and shall be subject to all the penal provisions of said Code. {Ref. 901) 206.05. REINSPECTION FEE 1. A reinspection fee of ��rtp-�e��3{�:(30} fortY two dollars ( 42.00) per hour shall be assessed for each inspection or reinspection when such portion of work for which the inspection is called for is not complete or when corrections called for are not made. (Ref. 901) 2. This 5ection is not to be interpreted as requiring reinspection fees the first time a job is rejected for failure to comply with the requirements of this Code, but as controlling the practice of calling for inspections before the job is ready for such inspection or reinspection. 3. Reinspectian fees may be assessed when the permit card is not properly posted on the work site, or the approved plans are not readily available for the inspection, or for failure to provide access on the date and time for which inspection is requested, or for deviating from plans requiring the approval of the Building Official. 4. Where reinspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid. (Ref. 961) 206.06. CERTIFICATE OF OCCUFANCY 1. Except for single family residential structures, a Certificate of Occupancy stating that all provisions of this Chapter have been fully complied with, shall be obtained from the City: A. Before any structure for which a buiiding permit is required is used or occupied. A temporary Certificate of Occupancy may be issued when the building is approved for occupancy but the outside development is partially uncompleted. (Ref. 901) B. Or before any nonconforming use is improved or enlarged. 2. Application for a Certificate of Occupancy shall be made to the City when the structure or use is ready for occupancy and within ten (10) days thereafter the City � 0.26 Page 15 - Ordinance No. shall inspect such structure or use and if found to be in conformity with all provisions of this Chapter, shall sign and issue a Certificate of Occupancy. 3. A Certificate of Compliance shall be issued to all existinq Iegal nonconforming and conforming uses which do not have a Certifzcate of Occupancy after all public health, safety, convenience and general welfare conditions of the City Code are in compliance. 4. No permit or license required by the City of Fridley or other governmental agency shall be issued by any department official or employee of the City o� such governmental agency, unless the application for such permit or license is accompanied by proof of the issuance of a Certificate of Occupancy or Certif icate of Compliance. 5. Change in Occupancy: A. The City will be notified of any change in ownership or occupancy at the time this change occurs for all industrial and commercial structures within the City. B. A new Certificate of Occupancy or Compliance will be issued after notification. A thirty-five dollar ($35.00) fee will be assessed for this certificate. 6. Existing Structure or Use: A. In the case of a structure or use established, altered, enlarged or moved, upon the issuance and receipt of a Special Use Permit, a Certificate of Occupancy shall be issued only if all the conditions thereof shall have been satisfied. B. Whenever an inspection of an existing structure or use is required for issuance of a new Certif icate of Occupancy, a thirty-five dollar ($35.00) fee will be charged. If it is found that such structure or use does not conform to the applicable requirements, the structure or use sha11 not be occupied until such time as the structure or use is again brought into compliance with such requirements. 206.07. CONTRAC`t'OR•S LICENSES 1. It is deemed in the interest of the public and the residents of the City of Fridley that the work involved in building alteration and construction and the installation of various appliances and service facilities in and for said buildings be done only by individuals, firms and corporations that have demonstrated or submitted evidence of their competency to perform such work in accordance with the appZicable codes of the City of Fridley. 10.27 Page 16 - Ordinance No. 2. The permits which the Building Inspector is authorized to issue under this Code shall be issued only to individuals, firms or corporations holding a license issued by the City for work to be performed under the permit, except as hereinafter noted. 3. Requirements. Application for license shall be made to the Building Code Department and such license shall be granted by a majority vote of the Council upon proof of the applicant's qualifications thereof, willingness to comply with the provisions of the City Code, filing of certificates evidencing the holding of public liability insurance in the limits of $50,000 per person, $100,000 per accident for bodily injury, and $25, 000 for property damages and certificates of Worker's Compensation insurance as required by State law and if applicable, list a Minnesota State Tax Identification number. (Ref. 901) 4. Fee. The fee for each license required by the provision of this Section shall be thirty-five dollars ($35.00) per year. 5. Expiration. All licenses issued under the provisions of this Section shall expire on April 30th, following the date of issuance unless sooner revoked or forfeited. If a license granted hereunder is not renewed previous to its expiration then all rights qranted by such license shall cease and any work performed after the expiration of the license shall be in violation of this Code. 6. Renewal. Persons renewing their license issued under this Section after the expiration date shall be charged the full annual license fee. No prorated license fee shall be allowed. 7. Specific Trades Licensed. Licenses shall be obtained by every person engaging in the following businesses or work in accordance with the applicable Chapters of the City of Fridley. A. General contractors in the business of nonresidential building construction and resident,ial cQ�tractors with an exempt card from the State. B. Masonry and brick work. C. Roofing. 10.2�� Page 1� - Ordinance No. D. Plastering, stucco work, sheetrock taping. E. Heating, ventilation and refrigeration. F. Gas piping, gas services, gas equipment installation. G. Oil heating and piping work. H. Excavations, including excavation for footings, basements, sewer and water line installations. I. Wrecking of buildings. J. Sign erection, construction and repair, including billboards and electrical signs. K. Blacktopping and asphalt work. L. Chimney sweeps. 8. Employees and Subcontractors. A license granted to a general contractor under this Section shall include the right to perform all of the work included in the general contract. Such license shall include any or all of the persons performing the work which is classified and listed in this Code providing that each person performing such work is in the regular employ and qualified under State law and the provisions of this Building Code to perform such work. In these cases, the general contractor shail be responsible for all of the work so performed. Subcontractors on any work shall be required to comply with the Sections of this Code pertaining to license, insurance, permit, etc., for their particular type of work. (Ref. 901) 9. Suspension and Revocation Generally. The City Council shall have the power to suspend or revoke the license of any person licensed under the regulations of this Section, whose work is found to be improper or defective or so unsafe as to jeopardize life or property providing the person holding such license is given twenty (20) days notice and granted the opportunity to be heard before such action is taken. If and when such notice is sent to the legal address of the licensee and they fail or refuse to appear at the said hearing, their license will be automatically suspended or revoked five (5) days after date of hearing. 10. Time of Suspension. When a license issued under this Section is $uspended, the period of suspension shall be not less than thirty {30) 10.29 Page 18 - Ordinance No. days nor more than one (1) year, such period being determined by the City Council. 11. Revocation, Reinstatement. When any person holding a license as provided herein has been convicted for the second time by a court of law for violation of any of the provisions of this Code, the City Council shall revoke the license of the person so convicted. Such person may not make application for a new license for a period of one (1) year. 12. Permit to Homeowner. The owner of any single family property may perform work on property which the owner occupies so long as the work when performed is in accordance with the Codes of the City and for such purpose a permit may be granted to such owner without a license obtained. 13. State Licensed Contractor's Excepted. Those persons who possess valid State licenses issued by the State of Minnesota shall not be required to obtain a license from the City; they shall, however be required to file proof of the existence of a valid State license together with proof of satisfactory Worker�s Compensation and Public Liability insurance coverage. (Ref. 901) 14. Public Service Corporations Excepted. Public service corporations shall not be required to obtain licenses for work upon or in connection with their own property except as may be provided by other Chapters. 15. Manufacturers Excepted. Manufacturers shall not be required to obtain licenses for work incorparated within equipment as part of manufacturing except as may be provided by other Sections of this Code. 16. Assumption of Liability. This Section shall not be construed to affect the responsibility or liability of any party owning, operating, controll,ing or installing the above described work for damages to persons or property caused by any defect therein; nor shall the City of Fridley be held as assuming any such liability by reason of the lice�sing of persons, firms or corporations engaged in such work. 206.08. UTILITY EXCAVATIONS (SEWER & WATER) 1. Permit Required. 10.30 Page 19 - Ordinance No. Before any work is performed which includes cutting a curb or excavation on or under any street or curbing a permit shall be applied for from the City. The Public Works Department shall verify the location of the watermain and sanitary sewer connections before any excavation or grading shall be permitted on the premises. The permit shall specify the location, width, length and depth of the necessary excavation. It shall further state the specifications and condition of public facility restoration. Such specifications shall require the public facilities to be restored to at least as good a condition as they were prior to commencement of work. Concrete curb and gutter or any street patching shall be constructed and inspected by the City, unless specified otherwise. 2. 3. Deposit - Required. A. Where plans and specifications indicate that proposed work includes connection to sanitary sewer, watermain, a curb cut or any other disruption that may cause damage to the facilities of the City, the application for permit shall be accompanied by a two hundred dollar ($200.00) cash deposit as a guarantee that all restoration work will be completed and City facilities left in an undamaged condition. B. The requirement of a cash deposit any public utility corporation business within the City. Maximum Deposit. shall not apply to franchised to do No person shall be required to have more than four hundred dollars ($400.00) on deposit with the City at any one time by reason of this Section; provided that such deposit shall be subjected to compliance with all the requirements of this Section as to all building permits issued to such person prior to the deposit being refunded. 4. Inspections. A. Before any backfilling is done in an excavation approved under this division the City shall be notified for a review of the conditions of construction. B. During and after restoration the City Engineer or a designated agent shall inspect the work to assure compliance. (Ref. 901) 5. Return of Deposit. The Public Works Director shall authorize the deposit when restoration has been satisfactory compliance with this Section. 10.31 refundment of completed to Page 20 - Ordinance No. 6. Forfeiture of Deposit. Any person who fails to complete any of the requirements shall forfeit to the City such portion of the deposit as is necessary to pay for having such work done. 206.09. BUILDING SITE REQUIRII��ENTS 1. General. In addition to the provisions of this Section, all building site requirements of the City's Zoning Code Chapter 205 and additions shall be followed before a building permit may be issued. 2. Utilities and Street Required. No building permit shall be issued for any new construction unless and until all utilities are installed in the public street adjacent to the parcel of land to be impraved and the rough grading of the adjacent street has been completed to the extent that adequate street access to the parcel is available. 3. Trailer Prohibitions. Except in a trailer or mobile home park, the removal of wheels from any trailer or the remodeling of a trailer through the construction of a foundation or the enclosure of the space between the base of the trailer and the ground, or through the construction of additions to provide extra floor space will not be considered as conforming with the City's Building Code in any respect and will therefore be prohibited. 4. Equipment and Material Storage. No construction equipment and/or material pertaining to construction shall be stored on any City without a valid building permit. is completed and a Certificate of issued, any construction equipment o removed within thirty (30) days from the Certificate of Occupancy. 5. Construction Work Hours. property within the When construction Occupancy has been r materials must be the issuance date on It shall be unlawful for any person or company acting as a contractor for payment, to engage in the construction of any building, structure or utility including but not limited to the making of any excavation, clearing of surface land and loading or unloading materials, equipment or supplies, anywhere in the City except between the hours of 7:00 a.m. and 9:00 p.m., Monday through Friday and between the hours of 9:00 a.m. and 9:00 p.m. on Saturdays 10.32 Paqe 21 - Ordinance No. and legal holidays. However, such activity shall be Iawful if an alternate hours work permit therefore has been issued by the City upon application in accordance with requirements of the paragraph below. It shall be unlawful to engage in such work or activity on Sunday or any legal holiday unless an alternate hours work permit for such work has first been issued. Nothing in this Chapter shall be construed to prevent any work necessary to prevent injury to persons or property at any time. 6. Alternate Hours Work Permit. Applications for an alternate hou made in writing to the Public Wc state the name of the applicant ar the location of the proposed wc seeking a permit to do such work, � time of the proposed operations. issued excepting where the public by failure to perform the work at 7. Safeguards. �s work permit shall be rks Director and shall d the business address, -k and the reason for .s well as the estimated No such permit shall be welfare will be harmed the times indicated. Warning barricades and lights shall be maintained whenever necessary for the protection of pedestrians and traffic; and temporary roofs over sidewalks shall be constructed whenever there is danger from falling articles or materials to pedestrians. 206.10. DRAINAGE AND GRADING 1. Investigation. After a building permit has been applied for and prior to the issuance of said permit, the City shall thoroughly investigate the existing drainage features of the property to be used. 2. Obstruction of Natural Drainage Prohibited. No building permit shall be issued for the construction of any building on which construction or necessary grading thereto shall obstruct any natural drainage waterway. 3. Undrainable Lands. No building permit shall be issued for the construction of any building upon ground which cannot be properly drained. 4. Protection of Existing Drainage Installations. A. Where application is made for a building permit and subseqnent investiqation shows that the property to be occupied by said building is adjacent to a portion of a public road or street containing a drainage culvert, 10.33 Page 22 - Ordinance No. catch basin, sewer, special ditch or any other artificial drainage structures used for the purpose of draining said property and/or neighboring property, the applicant shall specifically agree in writing to protect these waterways in such a way that they shall not be affected by the proposed building construction or grading work incidental thereto. B. No land shall be altered and no use shall be permitted that results in water run-off causing flooding, erosion or deposits of minerals on adjacent properties. Stormwater run-off from a developed site will leave at no greater rate or lesser quality than the stormwater run-off from the site in an undeveloped condition. Stormwater run-off shall not exceed the rate of run-off of the undeveloped land for a 24 hour storm with a 1 year return frequency. Detention facilities shall be designed for a 24 hour storm with a 100 year return frequency. All run-off shall be properly channeled into a storm drain water course, ponding area or other public facility designed for that purpose. A land alteration permit shall be obtained prior to any changes in grade affecting water run-off onto an adjacent property. -�ttx�s�-19e-�a�^er��-�p--��e e��p.- 5. Order to Regrade. The City may order the applicant to regrade property if existing grade does not conform to any provision of this Section, if the grade indicated in the preliminary plan has not been followed, or if the grade poses a drainage problem to neiqhboring properties. 206.11. WATERS, WATERWAYS l. Definition. As used in this Section, the term waters and/or waterways shall include all publ.ic waterways as deFined by Minnesota Statutes, Section 105.38 and shall also include all bodies of water, natural or artificial, including ponds, streams, lakes, swamps and ditches which are a part of or contribute to the collection, runoff or storage waters within the City or directly or indirectly affect the collection, transportation, storage or disposal of the storm and surface waters system in the City. 2. Permit Required. No person shall cause or permit any waters or waterways to be created, dammed, altered, filled, dredged or eliminated, or cause the water level elevation thereof to be artificially altered without first securing a permit 10.34 Page 23 - Ordinance No. from the City, State or watershed management organization as appropriate. 3. Application for Permit. Applications for permits required by the provisions of this Section shall be made in writing upon printed forms furnished by the City Clerk. 4. Scope of Proposed Work. Applications for permits required by this Section shall be accompanied with a complete and detailed description of the proposed work together with complete plans and topographical survey map clearly illustrating the proposed work and its effect upon existing waters and water handling facilities. 5. Fees. A fee of twenty-five dollars ($25.00) shall be paid to the City and upon the filing of an application for a permit required by the provisions of this Section to defray the costs of investigating and considering such application. 206.12. PENALTIES Any violation of this Chapter is a misdemeanor and is subject to all penalties provided for such violations under the provisions of Chapter 901 of this Code. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1995. WILLIAM J. NEE - MAYOR ATTEST: WILLIAM CHAMPA - CITY CLERK First Reading: Second Reading: Publication: 10.35 DESCRIPTION OF REQUEST: The petitioner requests five variances: 1. Reduce the side yard building setback from 15 feet to 5 feet. 2. Reduce the parking setback from the public right-of-way from 20 feet to 0 feet. 3. Reduce the parking setback from any property line from five fe�t to 0 feet. 4. Reduce the parking setback from the building from 5 feet to 0 feet. 5. Reduce the required canopy setback in the side yard from 3 feet to 0 feet. If approved, the variances would allow reconstruction of the building from 29 x 46 to 39 x 46. SUMMARY OF ISSUES: As the petitioner is reconstrucring the building, it is arz appropriate time to correct the existing non- conformities. A number of the variances requested can easily be corrected to comply with the code requirements. The canopy variance request should be denied as the City has not previously received variances of that nature. RECOMMENDED ACTIONS: Staff has no recommendation regu-ding variances 1 through 4; the City has granted similar requests in the past. Staff recommends that the City Councii recommend denial of variance 5 as the City has not received similar requests in the past. If all or part of the request is approved, staff recommends the following stipulations: 11.0 7 � 1. The petitioner shall install Bb18 concrete curb and gutter along the east and south property lines. 2. The existing hardsurface located between the building and the north property line shall be removed an the area converted to green space. 3. The parking lot shall be cleazly striped to indicate all parking areas measuring 10 x 20. 4. Meta1 or concrete bollards shall be installed along the east side of the building if the parking setback variance is granted. 5. The petitioner shall submit a perforrnance bond of $5,000 to ensure completion of the landscape areas and concrete curbing. APPEALS COMNIISSION ACTION: The Appeals Commission took the following action on the variances requested: 2. 3. 4 Building Setback - Voted 3-1 to recommend approval of the variance to reduce the building setback from 15' to 5'. Parking Setback, Public Right-Of-Way - Voted unanimously to recommend approval of the variance to reduce the parking setback from 20' to 8'. Parking Setback, any Property Line - the motion to recommend approval of the variance to reduce the parking setback from 5' to 0' resulted in a tie vote. Parking Setback, Building - The motion to recommend denial of the variance to reduce the parldng setback from S' to 0' resulted in a tie vote. Canopy Setback - Voted unanimously to recommend denial of the variance to reduce the setback of a canopy from 3' to 0'. The Commission voted unanimously to recommend approval of the stipulations recommended by staff. Petition For: Location of Property: Legal Description of Property: Size: 7429 EAST RIVER ROAD PROJECT DETAILS Multiple variances to allow reconstn.iction of an existing restaurant 7429 East River Road Lot, Block 2, Hutchinson Addition .83 acres 11.02 Size: Topography: Existing Vegetation: Ezisting Zoning/Platting: Avaitability of Municipal Utilities: Vehicular Access: Pedestrian Access: Engineering Issues: Site Planning issues: Prop , H'istory .83 acres Flat Sod, few, if any trees C-1, Local Business, Lot 3, Block 2, Hutchinson Addition Connected East River Road N/A N/A DEVELOPMENT SITE The various building pernuts and variance requests occurring on the subject parcel: 1953 - original building permit was issued for a dwelling 1958 - building pernut was issued for an addition 1960 - building permit was issued for a garage 1966, 1968 - pennits were issued for signs, including a variance request for an off premise sign 1971 - canopy was installed 1974, 1980 - pernuts were issued for new signs 1975 - floors were repaired 1979 - roof was repaired 3 11.03 Variance Requests The petitioner is requesting five variances to allow reconstruction of the existing building. Side yard Buildin� Setback Section 204.14.03.C.(2) requires a side yard setback of 15 feet. The public purpose served by this requirement is to provide for adequate open areas (green divider areas) around commercial structures, maintain clear access for fire fighting and reduce the possibility of fire. The petitioner requests that the side yard setback be reduced from 15 feet to 5 feet. The petitioner intends to remove the e�sting building to the foundation level. The building would then be reconshucted in its e�sting location to dimensions of 39 x 46, roughly 10 feet wider than the existing shucture. The existing basement, however, would not be enlarged. As the petitioner is, in essence, building a new building, it is an opportune time for the property to be brought into conformance with the aurent code. The petitioner can meet the setback requirement without adverse impact to parking or circulation. The City has granted similaz variances in the past; therefore, staff has no recommendation regarding this variance. Parking Setback - Public Right-of-Way Section 205.14.OS.D.(5).(a) requires parking and hardsurface areas to be 20 feet from the public right- of-way. The public purpose served by this requirement is to limit visual encroachment into neighboring sightlines, and to allow aesthetically pleasing open area adjacent to public right-of-ways. The petitioner is requesting that the hardsurface setback from the public right-of-way be reduced from 20 feet to 0 feet. Located adjacent to the public right-of-way aze two landscape islands separating the subject parcel from East River Road. The subject parcel shares a common driveway with the parcel to the south where a floral shop is located. Staff has analyzed these partcing islands, and has deternvned that the northerly parking island can be widened to meet the 20 foot hardsurface setback requirement without adverse impact to driving or parking areas. A 30 foot driving isle would be maintained between the northerly landscape island and the drive=in canopy. T'his would increase the amount of green space located on the propetty and would provide planting a.reas for trees and shrubs. If this parking area is required to be expanded, the variance request then would be for the southerly landscaped island which is 8 feet from the right-of-way at its closest point. The variance to reduce the hardsurface setback from the public right-of-way would then be reduced from 20 feet to 8 feet. The City has granted similar variances in the past; therefore, staff has no recommendation regarding this request. 11.04 Parking Setback - An�Property Line Section 204.14.OS.D.(5).(b) requires parking and hardsurface azeas to be 5 feet from the side and rear lotlines. The public pw-pose setved by this requirement is to reduce visual pollution in areas adjacent to lot lines and to separate parking with landscaped areas. The pekitioner requests that the hardsucface sexback be reduced from 5 feet to 0 feet from the side and rear lotlines. Along the north property line, the hardsurface is shared with the SuperAmerica gas station; however, the existing hardsurface between the building and the north property line could be removed, and the area coriverted to gre� space without adverse impact to parking or circulation areas. The petitioner could also accommodate this request along the east prope�ty line with no adverse impact to parking or driving areas. ff denied, the petitioner should install concrete curb and gutter along the hards�uface area to comply with the code requirements. The City has granted similar variances in the past; therefore, staff has no recommendation regarding this variance. Located along the south property line is a stormwater pond and drainage azea. The subject parcel, also shares a dciveway with the parcel to the south The hardsurface setback requirement is met along the south property line; however, concrete curb and gutter should be installed along the south edge of the hardsurface as well to bring the property into compliance with the code requirements. Parking Setback - Building Section 205.14.OS.D.(5).(d) of the City Code requires a 5 foot hardsurface setback from a main building. The public purpose served by this requirement is to protect the building from unnecessary maintenance due to vehicles hitting the building. The petitioner requests that the hardsurface setback from the main building be reduced from 5 feet to 0 feet. The petitioner, however, can meet the setback requirement without adverse impact to the parldng or driving areas with the exception that the easterly drive to the rear of the building would be reduced to one-way driving. It would be less than the minimum 25 feet required for a two-way driving aisle. The City has, in the past, granted similar variances; therefore, staff has no recommendation regarding the variance. Typicalty, when approved, the City requires concrete or metal bollazds to be installed adjacent to the building to prevent vehicles from hitting the structure. Canop,y Setback Section 205.04.06.A(3) of City Code allows canopies, de�ks, entrances to buildings, etc. to encroach 10 feet into the required front or rear yard setback. E 11.05 The public plupose served by this requirement is to limit encroachment of non-structural items into the required setback areas. The petitioner requests that a variance be granted to reduce the setback of the drive-in canopy from 3 feet to 0 feet. The petitioner has a license ageement with SuperAmerica allowing encroachment of the canopy, as well as ingress and egress across the propecty. The petitioner does not intend to reconstruct or relocate the canopy. Approval of the variance would permit a structure of one property owner to encroach onto or over the property of another. The Appeals Commission has the option of denying this variance request and leaving the canopy in a non-confornung state, thereby requiring any peTSOn reconstructing the canopy in the future to relocate the canopy to a new location, or apply for a variance to allow encroachment onto an adjacent property. As the City has not received previous requests of this nahire, staff recomm�ds tl�at the Commission recommend denial of this request to the City Council. Recommendation For the side yard setback and parking setback variance rec�uests, staff has no recommendation as the City has previously granted similar variances. Staff, however, recommends that the Appeals Commission recommend denial of the canopy variance request to the City Council. If the Commission chooses to recommend approval of all or part of the variances requested, staff recommends the following stipulations as condition of approval: 1. The petitioner shall install B618 concrete curb and gutter along the east and south property lines. 2. The e�sstinng hardsurFace located between the building and the north property line shall be removed and the azea converted to green space. 3. The parking lot shall be clearly striped to indicate a11 parking areas measuring 10 x 20. 4. Metal or concrete bollards shall be installed along the east side of the building if the parking setback variance is granted. 5. The petitioner shall submit a performance bond of $5,000 to ensure completion of the landscape areas and concrete curbing. WEST: SOUTH: EAST: NORTH: Comprehensive Planning Issues: ADJACENT SITES Zoning: R 1, Single Family Zoning: C-1, Local Business Zoning: M-2, Heavy Industrial Zoning: C-2, General Business N/A 0 11.06 Land Use: Single Family Land Use: Retail, Flower Shop Land Use: Multi Tenant Industrial Land Use: Retail, Gas Station Pubtic Hearing To be gathered Comments: 11.07 � c��9) � n �� e�' O`�b°�� n� �� `��' a co 31 '� 1u) �� j�� (H1 �O� Talmad�e Lane tu) t�� !8 t�) � (iij �� l2 � (H �u �8 ( 36 '' t�� t�l 7451 (a�) / � '�s � 17�1 �� 0 � � :� � � 7365 " l.� ) 7�55 t�) VAR ��95-09 William Wiles t�) � �+° � ra�o (u� � 4 t„) " i N' ; ; 109 _ �, I � ) t � ) � u � t7�0� � Glen Creek Road t s} � � � _ _ . �- cu� , . . :__ : . _ _ _ . _ : _ _ . .. t . , :•: . = � 1'` : ( i�i ) ( � ) ( � ) . .. (;� l -_._ : l�l , _ ; ,_ � � , . _. ... _ . ...:� ;,.. F��y�' . . . � . . ..�. ' . ,.��_.F . . -: �F�' � , .� ..... .. .. ... . :- : .. ._ . ... . .. -' �' .. . � - ' - � � . _�ro .;�� , � � ... , ' �� . � . _.._ . . ... . � _. , � . .. . �� . . .. �� . ; ` � " � ,. : � � � _ _. .... _ _y: �- _ . : _. Avenue N'� �_ 73rd c*�� c+=� c�� The app�cant requests numerous (5) variances to the zor�ng �. .__ _ ._ struGt •�f : requirements to aN�w -�un ior.t��#�e-�b _ ' �g. - � -. . , _ --- .... _ .� _. .. . _ .. ,� - -�- .� .. . _ ,. ._ .. _..___..._. _. ,,, �.._>>_:_ _ .. K. . ,. :_- , ,_�.... .�� _�.. ..�,--:.. �, .�- ..... r.. ' . � .? �_. ` . . 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M e nOO�EN Pp �" ` 1 ' � - �� Y _g �e � -� �ap � _ • �` W ` h ti � ` �!_-.-� Id • � �~�''~ -�`i ��7 I I Y 1 i , �'. \ I��i h �� \��•� � 19 a�� . � ��. ``\ �� '� oy;� �Y(1� �_ �p °a��\A \�57� w '��1 V�j � � \�� , �L_. \ � � aQ�'•t. 3 � `� ��\� V y �� o r �.. �; � ,�+ �n s �'� �� . :� � o �.: V ` � � \\y `� � . � � / � PS� � o � E A� � h' 78� Cl ^'"`G�E j''.'�� ,,1•• � �5' 45 �0 ` '' ....'� ;=''g' :� 74 , 1 i f,} 4• 1'�• ��''p �6: �5' R g 30�� C . sNj6 3 CNp gR��' �� S p` N. R�V �R R � AD 11.10 CY � N >- p W - �p > N h K O V �� ro c/� N W t!1 a0 O � n C]N �Z � � Z C) Z X Q�Z •�Q JW-F- •LL a[1 • N N ' z i� �- S�LZ20� �Z_o�� ct: >- in - n 7WW�Wp1 Ycn>WS Z [Y � cO � W � LL Q � JUNW-t� �n -� m .. r-2 �w OJF-N�Z L •�OJO QZ�OO2 � � Y V U d Ill r �r �.W � � � � � � W � � W � � � C.) W � VAR ��95-09 William Wiles 11.11 T0: City of Fridley Community Development Program RE: Fridley A&W Variance Application Form We would like to apply for a hardship variance for the following reasons: l. We are a drive-in restaurant and we feel it is fincially necessary that we keep all the drive-in spaces that we now have. In the summertime 85% of our business comes from the outside drive-in spaces. 2. Because of the unusual layout of our lot it would be im- possible for us to keep:the current drive-in spaces and still comply with ali the current requirements of the city codes if we have to move the building. 3. We made an attempt to buy the 10 foot license area on the north side of our lot from Super America, but they declined to sell stating it is their policy never to sell a portion of a property. (It is all or nothing.) 4. Because of the large ponding and drainage easement the City of Fridley has on our southeastern corner of the lot it leaves little room for parking, legal driveways and drive-in space if we have to move the building to conform to all codes. Our request is this: We would like to increase the size of our building from the current 1170 square feet to 1778 square feet. We would accomplish this by tearing down the existing building. We would use the existing basement as it is (not expand it). The west and south walls would be squared off and 10 feet added to the east or back wall. By doing this we would accomplish the following: 1. Have a completely modern appearing facility. 2. Increase inside seating from 36 to 48. 3. Bring the rest room size up to current code. 4, Permit us to expand our kitchen area so a walk-in freezer and refrigerator can be located on the main floor. In addition to the benefits we would realize I believe the City of Fridley and especially our neighborhood would also benefit aesthetically with a new building. I am enclosing a pictu��. of a new A&W drive-in in Tomah, Wisconsin completed in 1994, Ours would not be exactly like that, but it wi11 be close. 11.12 We are starting our 12th season at this location. Over that period of time we have developed a loyal following and made many friends in the community. We would like to continue serving them from a new modern building (which would be open year around), but it is absolutely essential that we keep our drive-in space at a minimum of at least 20 cars. Because of that and the unusual configuration of our lot, we feel it is necessary to ask for the variances to achieve that goal. 1�.13 CITY OF FRIDLEY APPEAL3 COMMISSION MEETING, MAY 9, 1995 CALL TO ORDER• Chairperson Savage called the May 9, 1995, Appeals Commissian meeting to order at 8:00 p.m. ROLL CALL• Members Present: Diane Savage, Larry Kuechle, Ken Vos, Cathy Smith Members Absent: Carol Beaulieu Others Present: Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant A1 Wallen, 4571 North Road, Circle Pines Tim Lindgren, 1915 - 34th Lane Dean Bliss, 5212 Fillmore Street N.E. Ken Murphy, 5925 University Avenue N.E. Bill Bahl, Super America Bob St. Jacque, Super America A1 & Kathy Roesler, 5955 - 3rd Street N.E. Theodore Raines, 5221 Fillmore Street N.E. APPROVAL OF APRIL 25, 1995, APPEALS COMMISSION MINUTES: MOTION by Ms. Smith, seconded by Mr. Kuechle, to approve the April 25, 1995, Appeals Commission minutes as written. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED IINANIMOUSLY. 1. PUBLIC HEARING: CONSIDERATION`OF A`VARIANCE-REOUEST �VAR �95-09, BY WILLIAM H. AND NANCY L. WILES� Pursuant to the following sections of the Fridley City Code: Section 205.14.03.C.(2) to reduce the side yard setback from 15 feet to 5 feet. Section 205.14.05.D.(5).(a) to reduce the parking setback from the public right-of-way from 20 feet to 0 feet. Section 205.14.05.D.(5).(b) to reduce the hardsurface setback from any property line from 5 feet to 0 feet. Section 205.14.05.D.(5).(dj to reduce the hardsurface setback from the main building from 5 feet to 0 feet. Section 205.14.06.A.(3) to permit a canopy to encroach into the adjacent property. 11.14 � The above property, Lot 3, Block 2, C. D. Hutchinson Addition, is generally located at 7429 East River Road, Fridley, Minnesota. MOTION by Mr. Kuechle, seconded by Ms. Smith, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 8:02 P.M. Ms. McPherson stated the property is located at 7429 East River Road which is one parcel south of Osborne Road on East River Road on the east side of the road. The property is zoned C-1, General Business. There is C-2, General Business, zoning to the north; C-1, Local Business, zoning to the south; M-2, Heavy Industrial, to the east and R-1, Single Family Dwelling, to the west across East River Road. Ms. McPherson stated the petitioner is actually requesting five variances within this request, as follows: l. Reduce the side yard building setback from 15 feet to 5 feet. 2. Reduce the parking setback from the public right-of-way from 20 feet to 0 feet. 3. Reduce the parking setback from any property line from 5 feet to 0 feet. 4. Reduce the parking setback from the building from 5 feet to 0 feet. 5. Reduce the require canopy setback in the side yard from 3 feet to 0 feet. Ms. McPherson stated the intent of the request is to allow the petitioner to remove the existing building down to the existing foundation and rebuild it with a 10-foot addition along the rear of the structure and fill in the existing open area at the front of the building creating a building that is 39 feet x 46 feet. Ms. McPherson stated staff determined in analyzing the request that, for the first four variance requests, the City had qranted similar requests in the past. Staff has made comments and alternatives regarding the variances and how they could be mitigated. Ms. McPherson referred to the request to reduce the side yard building setback from 15 feet to 5 feet. Since the petitioner is removing the building to the foundation, it would be an opportune time for the petitioner to relocate the building to meet the 15 � 11.15 foot setback required. Staff has determined that there is not an adverse impact to circulation or parking as it is proposed if the petitioner were to move the building. However, the City has granted similar variances in the past. Ms. McPherson referred to the request to reduce the parking setback from the public right-of-way from 20 feet to 0 feet. This request can be mitigated by the petitioner for the northerly landscape island. The subject parcel does share a common driveway with the parcel to the south. Expanding that landscape island to meet the 20 foot hardsurface setback requirement would adversely impact circulation between the two properties. However, the landscape island to the north could be e�anded to meet the 20 foot setback without adverse impact to parking or circulation. If this were required, the variance request would then read as 20 feet down to 8 feet. Ms. McPherson referred to the request to reduce the parking setback from any property line from 5 feet to 0 feet. There is an opportunity for the petitioner to meet the setback requirement along the east side of the property to the rear of the structure. Along the south side, there is a drainage area which separates the parking area from the south property line so, in essence, the hardsurface setback is met along the south property line. Along the north property line, the subject parcel shares hardsurface with the adjacent property to the north, Super America. However, the area between the building and the northerly lot line could be converted to green space without adverse impact to the proposed plans. The City has granted similar variances in the past for this particular variance. Ms. McPherson referred to the request to reduce the parking setback fro� the building fro� 5 feet to 0 feet. The petitioner could meet the requirement without adverse impact to parking or circulation with the exception that the drive aisle to the rear of the building would need to be marked as one-way circulation either into or out of the property as it would be reduced to less than 25 feet. It would, however, meet the 18-foot one-way drive aisle width that is required by code. Ms. McPherson referred to the request to reduce the required canopy setback in the side yard from 3 feet to 0 feet. The canopy currently encroaches onto the Super American property to the north. The variance request is to reduce the setback to the lot line. The petitioner has a license agreement with Super America to the north to allow the canopy encroachment and to allow ingress and egress across the Super America site to the subject parcel. The City has not received a similar request of this nature in the past. Therefore, staff is recommending that the Appeals Commission recommend denial of this request to the City Council. This would require that, if the canopy is ever reconstructed or repaired, the future property owner would be 3 11.16 required to come back before the City for another variance or to relocate the canopy. Ms. McPherson stated staff recommends the Appeals Commission recommend denial of the fifth variance request. Staff has no recommendation regarding requests one through four. If the Commission does recommend approval of all or part of the variances, staff recommends the following stipulations: l. The petitioner shall install B618 concrete curb and gutter along the east and south property lines. 2. The existing hard surface located between the building and the north property line shall be removed and the area converted to green space. 3. The parking lot shall be clearly striped to indicate all parking areas measuring 10 feet x 20 feet. 4. Metal or concrete bollards shall be installed along the east side of the building if the parking setback is granted. 5. The petitioner shall submit a performance bond of $5,000 to ensure completion of the landscape areas and concrete curbing. Mr. Kuechle asked how the lot came to be the way it currently is. Ms. McPherson stated the lot is a platted lot of record. Through the platting process and due to the reconstruction and widening of East River Road, there were a varietg of actions taken by other agencies which resulted in the lot being shaped as it currently is. She researched the building address file and, unfortunately, there is not a clear indication as to the activity on this parcel. There are permits issued for the canopy and the building itself; however, there is not a clear record in the file as to how things ended up as they have. Ms. Smith asked if the canopy setback would be to take into account the existing canopy. Ms. McPherson stated this was correct. This is to address the existing canopy. Ms. Savage asked if the fiith stipulation talks about insuring the completion of the landscaped areas. Ms. McPherson stated they were not requiring additional landscaping. They are recommending that a landscape island be created. nr. vos asked if the second stipulation was also a landscape 4 11.17 issue. Ms. McPherson stated yes. Dr. Vos asked if it was customary to have a performance bond. Ms. McPherson stated they do require performance bonds typically in an amount that is equal to 3� of the construction costs not to exceed $60,000. Ms. Smith asked, if they recommend approval with the stipulation, are they changing the second request from 20 feet to 8 feet. Ms. McPherson stated the Commission would need to indicate that in the motion. The Commission can approve the request as it is written or recommend it as staff has indicated to 8 feet. Ms. Savage asked if staff had heard anything from Super America. Ms. McPherson stated she had not received a call from Super America. She did receive a call from a property owner two lots to the south who was inquiring. They had no objections. She also received an inquiry call from a resident to the west but that person voiced no objection. Mr. Hickok stated he talked to the petitioner shortly after they had talked to Super America. The petitioner indicated that Super America was okay with them leaving things as they are but they would not be interested in selling the property to correct the problem. They are okay with the suggestion of green space on the north side of the building but they did not want to entertain the idea of selling.an additional piece of property to eliminate the variance problems. Ms. Savage asked the petitioner if he had additional comments. Mr. Lindgren stated his parents own the property. They were out of town and would be back the following day. Ms. 5avage stated it is her understanding that they are going to rebuild the building and leave the canopy. Is the canopy being used as part of the business? Will there be any improvement to the canopy? Mr. Lindgren stated they plan to rebuild the building and leave the canopy. The canopy is used as part of the business. There will be no improvements made to the canopy of which he is aware. They are looking at keeping the building in the same location because of the basement that currently exists. They have looked at moving the canopy but with the way the lot is laid out they did not have the space for traffic flow and to keep the current parking spaces. Because they are a drive in business and much of � 11.1H their business is outside, they want to keep the canopy. Ms. Savage stated, as she looks at it, if you are building a new building with an old canopy, it will not look that good. Mr. Lindgren stated they could do some facelift with it but, if they do that, they will lose perhaps four parking space. They only have 20 spaces now. The problem is that most of their business is outside. Dr. Vos asked for Mr. Lindgren's reaction to the suggestion of the green area or island on the west side. Mr. Lindgren stated he did not faresee a problem as long as the traffic into Super America is not affected. That is their main driveway. Dr. Vos asked how �ar that green space would go. Ms. McPherson stated it would be the same length as what is currently there, but it would go into the property approximately 20 feet. Dr. Vos asked how iar the proposed green space along the north property line would extend. Ms. McPherson stated this would just be next to the building itself. Mr. Kuechle stated he was sympathetic to the need for parking spaces. He asked the petitioner if he knew how many they have on the property. Mr. Lindgren stated there are 20 spaces under the canopy. Along the south side of the building, there are 5 spaces. Along the drainage ditch is another 8 spaces. The canopy is used when they are busy inside. Mr. Kuechle asked how the parking would be affected by moving the building 10 feet. Mr. Lindgren stated he was not sure of the measurements needed for the traffic flow. He thought there was enough space for traffic flow. Because of the cost, they were trying to utilize the current basement to make this feasible. Mr. Kuechle asked if the foundation is structurally in good condition. Mr. Lindgren stated they had not had a structuraZ engineer look at the foundation but they have had some people look at it. The general contractor does not see a problem with it. He apologized 0 11.19 for not being able to answer all the questions, but his parents were out of town and unable to come. MOTION by Dr. Vos, seconded by Mr. Kuechle, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING CLOSED AT 8:20 P.M. Mr. Kuechle asked if the Commission had the option to table this item. Without the principals here, it is difficult to make a recommendation. Dr. Vos stated, in this particular situation, the request would go to the City Council anyway. Mr. Kuechle stated he wouid recommend denial of the request. His logic is that he cannot see a hardship simply because they are tearing down a building down and not move a building 10 feet and the other 5 feet to get it in the right position. If the petitioner can demonstrate that the parking spaces just don't exist to make this a viable venture, then he could be pressed otherwise. He does not see that right now. He can appreciate the need to have the required number of parking spaces to make the business go. That is important. He would like to see where those parking spaces are going to be and, if there is a shortage, then they should deal with that. He did not see a shortage and did not see that trying to salvage a 40 year old basement warrants these variances. Ms. Smith stated she agreed on some of the requests. She would be inclined to vote for approval of the canopy because that is an existing condition. The alternative is to tear down and rebuild. As long as Super America is not objecting, she would approve the canopy setback. She can see the hardship to tear that down and find a place for it. Mr. Kuechle stated he understood that, if they recommend denial the canopy setback, it can still stay. Ms. S�ith stated she thought approval would being this into conformance. Ms. McPherson stated staff is asking the Commission to leave the canopy in non-conformance. Ms. Savage asked for a motion for the variance request to reduce the side yard building setback from 15 feet to 5 feet. MOTION by Dr. Vos, seconded by Ms. Smith, to recommend approval of Variance Request, VAR #95-09, by William H. and Nancy L. Wiies, to reduce the side yard building setback from 15 feet to 5 7 11.20 feet. UPON A VOICE VOTE, WITH MS. SAVAGE, DR. VO$, AND MS. SMITH VOTING AYE AND MR. RUECHLE VOTING NAY, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED BY A MAJORITY VOTE. Ms. Savage asked for a motion for the variance request to reduce the parking setback from the public right-of-way from 20 feet to 0 feet. MOTION by Ms. Smith, seconded by Dr. Vos, to recommend approval of Variance Request, VAR #95-09, by William H. and Nancy L. Wiles, to reduce the parking setback from the public right-of-way from 20 feet to 8 feet. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED T$E MOTION CARRIED IINANIMOIISLY. Ms. Savage asked for a motion for the variance request to reduce the parking setback from any property line from 5 feet to 0 feet. MOTION by Dr. Vos, seconded by Ms. Smith, to recommend approval of Variance Request, VAR #95-09, by William H. and Nancy L. Wiles, to reduce the parking setback from any property line from 5 feet to 0 feet. IIPON A VOICL VOTE, AITH DR. VOS AND MS. SAVAGE VOTING AY8 AND MR. KIIECHLE AND MS. SMITH VOTING NAY, CHAIRPERSON SAVAGB DECLARED THE MOTION FAILED FOR LACR OF A MAJORITY. Ms. Savage asked for a motion for the variance request to reduce the parking setback from the building from 5 feet to 0 feet. MOTION by Mr. Kuechle, seconded by Ms. Smith, to recommend denial of Variance Request, VAR #95-09, by William H. and Nancy L. Wiles, to reduce the parking setback from the building from 5 feet to 0 feet. IIPON A VOICE VOTE, WITH MR. RIIECHLE AND MS. SMITB VOTING AYE AND DR. V08 AND MS. SAVAGL VOTING NAY� CHAIRPERSON SAVAGI3 DECLARED THE MOTION FAILED FOR LACR OF A M�IJORITY. Ms. Savage asked for a motion for the variance request to reduce the required canopy setback in the side yard from 3 feet to 0 feet. MOTION by Dr. Vos, seconded by Mr. Kuechle, to recommend denial of Variance Request, VAR �95-09, by William H. and Nancy L. Wiles, to reduce the required canopy setback in the side yard from 3 feet to 0 feet. UPON A VOICE VOTE, ALL VOTING AY$, CSAIRPERSON BAVAGE DECLARED E3 11.21 THE MOTION CARRIED IINANIMOIISLY. Ms. Savage asked for a motion regarding the stipulations as recommended by staff. MOTION by Ms. Smith, seconded by Dr. Vos, to recommend, if all or part of Variance Request, VAR #95-09, is approved, that the following stipulations apply: l. The petitioner shall install B618 concrete curb and gutter along the east and south property lines. 2. The existing hard surface located between the building and the north property line shall be removed and the area converted to green space. 3. The parking lot shall be clearly striped to indicate all parking areas measuring 10 feet x 20 feet. 4. Metal or concrete bollards shall be installed along the east side of the building if the parking setback is granted. 5. The petitioner shall submit a performance bond of $5,000 to ensure completion of the landscape areas and concrete curbing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED IINANIMOII3LY. Ms. McPherson stated this request would be considered by the City Council on May 15. . PUBLIC HEARING: CONSTDERATION OF A VARIANCE REQUEST VAR #95-10, BY RENNETH E. MURPHY: rsuant to 5ection 205.14.05.D.t5).(a) of the Fridley City Co to reduce the parking setback from any street right-of- way f 20 feet to 10 feet to allow the expansion of a parking on Lots 18 through 30, Block 13, Hyde Park, generally lo ted at 5925 University Avenue N.E., Fridley, Minnesota. MOTION by Ms. Smith, secon d by Mr. Kuechle, to open the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, IRPERSON BAVAGE DECLARED THE MOTION CARRIED AND THE PIIBLIC HEAR G OPEN AT 8:28 P.M. Ms. McPherson stated the variance request is eing made by Mr. Murphy representing the Alano Society located a 925 University Avenue N.E., which is located east of University A ue and south of 60th. The property is currently zoned C-2, Genera usiness, as are the properties to the north and south. Hyde Park ' E'] 11.22 DESCRIP'TION OF REQUEST: The petitioner, Kenneth Murphy, representing the Alano society, requests that the parking setback be reduced from 20 feet to 10 feet (82 feet). ff approved, the variance would altow construction of a 22 space parking lot expansion. The City granted a similar variance to the property in 1989; however, the petitioner did not own the affected property at that time. StifMMARY OF LSSUES: The petitioner is not required by code to provide additional parking spaces. The existing parking lot dces not correct the setback pernutted by approval of a 1989 variance (82 vs. 9 feet). Stormwater runoff is a concern, and the screening fence will need to be extended. RECOMIV�NDED ACTIONS: The City has previously granted similar requests; therefore, staff has no recommendation regarding the request. If the City Council chooses to recommend approval of the request, staff recommends the following stipulations: The board on board screening fence shall be e�rtended to the end of the parking lot expansion by October l, 1995. 2. The petitioner shall submit a revised drainage plan complying with all of the comments listed in Jon Wilczek's memo dated May 3, 1995 by May 22, 1995. The drainage plan shall be signed by a registered civil engineer. The area between the east edge of the parking lot and the easterly property line shall be bacld'illed and sceded to provide an aesthetically pleasing edge, and prevent erosion and frost damage to the curb and parking surface. 12.01 4. The parking lot driving aisles shall be e�ctended to 25 feet. 5. The petitioner shall install a 3 foot hedge of Savin Juniper 3 feet on center within 3 years, by October 1, 1998. 6. The petitioner shall submit a performance bond in the amount of $3,000 to ensure proper installation of drainage improvements, concrete curbing, landscaping and the screening fence. APPEALS COMIVIISSION ACTION: The AppeaLs Commission voted unanimously to recommend approval of the request with the stipulations recommended by staff. Petition For: Location of Property: Legai Description of Properly: Size: Topography: Ezisting Vegetation: Ezisting Zoning/Platting: Availability of Municipal Utilities: Vehicular Access: Pedestrian Access: Engineering Issues: 5925 UNIVERSTTY AVENUE PROJECT DETAILS Variance to reduce the parking setback from the public right-of-way from 20 feet to 10 feet. 5925 University Avenue Lots 18-30, Block 13, Hyde Park Flat Trees, Weedy Grass C-2, General Business, Platted as Six Lots Connected East University Avenue Service Road Sidewalk Along Property Drainage Issues 2 12.02 Pedestrian Access: Sidewalk Along Property Engineering Tssues: Drainage Issues Site Planning Issues: DEVELOPMENT SITE Section 205.14.OS.D. (5).(a) of the City Code requires aIl parking and hardsurface areas to set back 20 feet from any street right-of-way. Public purpose served by this requirement is to limit visual encroachment into neighboring sitelines and to allow for aesthetically pleasing open areas adjacent to the public right-of-ways. The petitioner requests that the hardsurface setback from the public right-oi way be reduced from 20 feet to 10 feet to allow a 22 car parking lot etcpansion. Parcel Historv A building pernut to constn,�ct the Alano Building was issued in July, 1989. In September, 1989, the City approved a variance to reduce the parldng setback from 20 feet to 9 feet to allow constnaction of additional parking spa�es. The necessity for additional pazking spa.ces was not due to code requirements. The project, as constructed, met the parking requiremerrts for the City. The petitioner requested additional parking spaces based on the facility's anticipated use and past experience at another location. R uest The petitioner requests a similaz variance as a result of a need for additional parking for the facility. The petitioner was required to submit a site survey in conjunction with the variance applicatioa It was observed tha.t the site survey indicated the e�sting parking setback is at 8.2 feex, as opposed to the original 9 foot variance granted. If the Commission approves the variance request, it should be to 8.2 feet, as opposed to the 10 feet requested. The Commission may also want to consider granting the variance for the portion of parldng lot already in place. The petitioner could meet the setback requiremeirt as the need for additional parking area is not due to code requirements, but on the petitioner's need for additional paridng based on the facility's use. There are drainage concerns that should be addressed by the petitioner if the parking is expanded. In 1989, drainage from the existing parldng lot adversely affected neighboring properties to the east. The exisdng board on board screening fence on the east side of the parking lot should be expanded to provide screening for the adjacent residential properties. In addition, the azea east of the proposed expansion, as well as behind the existing parldng lot on the east side should be backfilled to provide a more aestethically pleasing edge. 12.0� As the parking lot is over 4 spaces, screening along the public right-of-way is required. A 3 foot hedge of Savin Junipers sha11 be installed within 3 years. The City has granted similar requests in the past; therefore, staff has no recommendation regarding this request. However, if the Commission chooses to recommend approval of the request, staff recommends the following stipulations: 1 2. The board on board screening fence shall be e�ended to the end of the parlang lot e�ansion. The petitioner shall comply with all of the comments listed in Jon Wilczek's memo dated May 3, 1995. 3. The area between the east edge of the pazking lot and the easterly property line shall be backfilled and seeded to provide an aesthetically pleasing edge, and prevent erosion and frost damage to the curb and parking surface. 4. 5 C'� The parking lot driving aisles shall be extended to 25 feet. The petitioner shall install a 3 foot hedge of Sa.vin Juniper 3 feet on center within 3 years, by October 1, 1998. The petitioner shall submit a performance bond in the amount of $3,000 to ensure proper installation of drainage improvements, concrete curbing, landscaping and the screening fence. WEST: SOUTH: ADJACENT SITES Zoning: S-1, Hyde Park Zoning: G2, General Business Land Use: Residential Land Use: RetaiUService EAST: Zoning: R-2, Two Family Dwelling Land Use: Residential NORTH: C-2, General Business Comprehensive Planning �ssues: Public Hearing Comments: N/A To be ga.thered � 12.04 Land Use: Retail � � � (�f N t�) t ��l 6081 b�N tri) (h; � ��, VAR ��95-10 Ken Burphy �� (�) (�it�2 ( �1 � y�� „:, ��, ��°� „ � ` t�4� � � � H' t �6°� (m�1 � �� <<_) �� 6040 ( tto � to: ) t K ) t�) 6030 6aii � 4� � i�) 6030 � �t�� w (s�) t�l l �� ) � 6QZ0 6Q�1 � �u�) a� 6�[ (N1 � (u1 'i � ( � l z �� ' a� �p -.� �I �� ( 4s ) � � �� 6000 6005 ..� � � � r � ( u� ) � d, � � � � 4� � 6000 (�t ) �� i �t ) �.c� t n 1 6000 1 60th Avenue NE. i . . . : '4i �. � . � � .. � z (1�1) SA90� (�) (�) I�1 � n� � � 5A76 ( u�i ) (�� g � I ,� �� nr ) � u ) � u � � i � �,,, � t�� ! �� se� s� � � � � c�+� c�� ' •� z i � � �� i ttal lN) ��1 � _ 5A50 I� l�l � 5�5 `�' S9l9 99l8 t�) (� � ; � ( t4� ) � ( � ) ( � 1 � 1m� � , Ati , � y� �p. ��) t�) , . � � _ _ SI�W__ __�_- ; � � �---— �. _ l .� ? ; . _ . _ . � ; r _. 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J .. .. . z � +_, . 12.07 VAR ��95-]0 Ken Murphy � regisce�ed land Surveyor under che� of tl�e Scntr of Mi��nesoca. J I Outed D � I �0 � � �� Randy l. [urch, Land Survnror Minnesuca Ragisiracion No. 202)0 . 3.LS 3.e ' --- �c,• ��c.�.-� , .�`� � j r I 1 Sv2��w rTA(3�.� G.►e.3 � �� c' � ( ��`�g r i _ �--��ay2..sti� C�tAt�lc�� 1 k�• -$40�5� CA'�T1 N C.� ' � �. _ r � �` � � )J ( �� !% � � � _� + i ,- _ .� _ J - o� � 1 � L� _I � � 1 -- -.--� ; � �`_ �~� O � ' �� ` � ` ` �� `I j .t � � � .� •� _ � O I . '' l � -1 -�, ; i�----��► � �� tJ - " � • r� .� I �� i � --- , 1 � i�J 1 t— — � / a,��..- ; � ga�ti I ., . �I f �� ,•i�� i J �.t � 8.2 �Fo . � �_ , r � � , � `. i� SITE PLAN Engineeiing 5ewer Wa1er Parks Streets Maintenancc TO: Michele McPherson, Planning Assistant PW9S-118 FROM: Jon Wilczek, �issistant Public Works Director DATE: May 3, 1995 SUBJECT: Alano's Plan to Create Additional Parking on Their Property I have ieviewed the site plan for the Alano area and have also visited the site to review the planned changes in the property and I have three comments: 1. Some type of system will have to be put together to allow for storage of runoff on the property because of the increased runoff created by the parking lot. 2. It is advisable to exchange the two castings shown on the catch basins, the one being farthest to the north getting a beehive casting rather than a flat casting and the casting to the south getting flat casting rather than the existing beehive casting. 3. There shQuld be some type of low area created aYOUnd the catch basin to the north. This could possibly suffice to create a detention area for the storm water runoff.. As an additional comment, I would also like to note that the existing parking lot is not per the original variance granted. The original variance allowed for the parking lot to come within 10 feet of the property line. The e�cisti.ng parking now comes within 8.2 feet of the existing property line. If you have any questions or comments, feel free to contact me. JW:cz 12.08 �� . .. ... � APPEALS COMMISSION MEETING, BSPTEMER 5. 1989 PAGE 7 where there are no other lternatives. He stated he is not opposed to the side yard varian , but he is opposed to the front yard variance. OM TION by Mr. Kuechle, seco� Council approval of varian Sachs, pursuant to Section 2 Code to reduce the required feet, to allow the construc Block l, Parkview Oaks First Lane N.E. �d by Ms. Savage, to recommend to City , VAR #89-19, by Orville and Jeanine 5.07.03.D.(2).(a) of the Fridley City �ide yard setback from 10 feet to 9.1 �on of a double car garage on Lot 8, dition, the same being 1281 Hathaway IIPON A VOICE VOTE, ALL VOTING 1�YE, CHAIRPERBON HARNA DECLARED THE MOTION CARRIED QNANIMOIISLY. � MOTION by Mr. Kuechle, seconded b Ms. Savage, to recommend to City council denial of variance, VAR #89-19, by Orville and Jeanine Sachs: 1. Pursuant to Section 205. 7.03.D.(1) of the Fridley City Code to reduce the requi ed front yard setback from 35 feet to 9.2 feet; 2. Pursuant to Section 205.0 .03.D.(2).(b) of the Fridley City Code to reduce the re ired side yard setback for an attached accessory use f om 5 feet to 1 foot; To allow the construction of a double car garage on Lot 8, Block 1, Parkview Oaks First Addition, the sa e being 1281 Hathaway Lane N.E., with the recommendation that t e petitioner pursue the possibility of acquiring all or part of utlot C from the City. IIPON A VOICE VOTE, ALL VOTING AYE, MOTION CARRZED IINANIMOIISLY. BARNA DECLARED THE 2. CONSIDERATION OF A VARZANCE REOUEST VAR #89-20, BY FRIDLEY ALANO 50CIETY• Per Section 205.14.05.D.(5).(a) of the Fridley City Code to reduce the setback for all parking and hard surface areas from 20 feet from any street right-of-way to 9 feet, on Lots 18 through 24, Block 13, Bennett Palmer Addition, generally located directly north of the former Zantigo Restaurant. MOTION by Ms. Savage, seconded by Mr. Kuechle, to open the public hearing. QPON A VOICE VOTE, ALI, VOTING AYE, CHAIRPERSON BARNA DECLARED THE PIIBLIC HEARING OPEN AT 8:45 P.I�. Ms. Dacy stated this property is located just south of 60th Avenue, east of University Avenue. The University Avenue Service Road runs 12.09 1 � APPEALS COMMI88ION MEETZNG. SEPTEMER 5, 1989 PAGE � along the front of the property. This site, as well as the adjacent properties, are zoned C-1, General Business District, and abut R-1, Single Family, and R-2, Multipie Dwelling, districts on the other side of the property on 4th Street. Ms. Dacy stated that when the State made improvements to widen T.H. 47, they acquired the lots in Hyde Park along the west side, and apparently the Service Road in front of the subject property was part of the original University Avenue right-of-way. All of the establishments on this block down to 57th Avenue have either: (1) been using another location for the right-of-way line as the front property line, because all the other establishments have a 10 foot setback rather than the 20 foot setback; or (2) the 20 foot setback was somehow overlooked or waived. Staff found no records of variances being granted to the other establishments on this block. Ms. Dacy stated the petitioner is requesting a 10 foot variance from 20 feet in order to park 10 feet from the front lot line. This is consistent with the other establishments on this b2ock. Ms. Dacy stated this item was reviewed with the City Attorney. The attorney's concern was he did not want to be recommending the City grant variances if there was legitimate warrant for changing the ordinance. The noncomformities in this area appear to be an isolated case and is not a situation to consider changing the ordinance. Ms. Dacy stated staff has to recommend denial of the variance request on the basis that the petitioner does meet the parking requirement set forth in the Code at the 20 foot setback. Ms. Dacy stated the Fridley Alano Society has an option on the lots to the north for additional parking. They meet the parking requirements, but based on their survey of the existing facility at Moon Plaza, they feel more comfortable with additional parking spaces for the new facility. They want to maximize the site as much as possible. Mr. Barna stated he did remember discussions about a 10 ft. variance for McDonalds when the drive-through was put in and for the Holiday Station quite a few years ago. Zantigo was built at the 10 ft. setback. Whether there were actual variances or just discussions, he was not�sure. Mr. Kenneth Murphy stated they have received tremendous cooperation from the City and will abide by the City's decision. Mr. Murphy stated the Fridley Alano Society is an A.A. Club with a normal membership of 502 dues-paying members. They also have a drug program. They have 1,600-2,000 people a week go to meetings. The new building is 7,000 sq. ft. at a cost of $357,000. The 12.10 F � � APPEALS COMMISSZON KEETING BEPTEMER 5 1989 PAGE 9 building will be completely funded by recovering alcoholics. The only hardship he can say is that if they are short one parking space, that means one new member may not be able to come to the club. McDonalds and Zantigo are at 10 feet. He did not think Holiday has any setback. He thought they come right out to the sidewalk. St. Williams Church also comes right out to the sidewalk. MOTION by Ms. Savage, seconded by Mr. Kuechle, to close the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CSAZRPBRSON Bl�RNA DECLARED THE PIIBLIC HEARING CLOBED AT 9:05 P.M. The Commissioners looked at the aerial map showing the setbacks and boulevard of adjacent�properties. Mr. Kuechle stated he is in favor of this variance since the 10 foot setback is existing for other businesses along this block. He stated this is the first time someone has come in to ask for more parking than the Code requires. If there was not enough parking, he would not want to see people parking on the Service Road. Ms. Savage agreed with Mr. Kuechle. She stated the 10 foot setback would conform with the other businesses in the area. She would like staff to make sure there is a good landscape plan. MOTION by Ms. Savage, seconded by Mr. Kuechle, to recommend to City Council approval of variance request, VAR �89-20, by Fridley Alano Society, pursuant to Section 205.14.05.D.(5).(a) of the Fridley City Code to reduce the setback for all parking and hard surface areas from 20 feet from any street right-of-way to 9 feet, on Lots 18 through 24, Block 13, Bennett Palmer Addition, generally located directly north of the fonaer Zantigo Restaurant, with the stipulation that a landscape plan with screening for the rear lot lines by submitted for approval by staff. At minimum, a six foot screening fence shall be constructed. OPON A VOICE VOTE, ALL VOTING AYS, CHAIRPERBON BARNA DECLARED THE MOTION CARRIED IINANIMOIIBLY. � � Consideration of a variance Dahl: l. Pursuant to Section 205.04.� Code to reduce the side yard building and a side property 12.11 c , VAR �89-18, by Wayne S.B.(2) of the Fridley City �etback between an accessory ne from 5 feet to 1 foot; Mrs. Sachs stated if there is a chance the proper would go out for bids, she would like to see this item table . MoTION by Councilman Schneider to table is item and instruct staff to notify affected persons that th public hearing has been tabled. Seconded by Councilman Bil�in . Upon a voice vote, all voting aye, Mayor Nee declared the m ion carried unanimously. MOTION by Councilman Schneider o instruct staff that when the Sachs contact the City regard' g their garage construction, staff should request a plan and wo with the petitioner and then prepare the necessary documentati so that the minimal portion of Outlot C that would necessary o accommodate the garage construction be scheduled for a publ' hearing as excess property. Seconded by Councilwoman Jorgen n. Upon a voice vote, all voting aye, Mayor Nee declared the tion carried unanimously. Councilman Sc eider stated a petition has been submitted in opposition t the City selling Outlot C and asked that this be received in o the minutes. MOTION b Councilman Schneider to receive Petition No. 15-1989 in oppasi ion to the sale of Outlot C, Innsbruck North. Seconded by Counc'lman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee eclared the motion carried unanimously. C. CONSIDERATION OF A VARIANCE RE4UEST VAR �89-20 TO REDUCE THE SETBACK FOR ALL PARKING AND HARD SURFACE AREAS FROM 20 FEET FROM ANY STREET RZGHT-OF-WAY TO �0 FEET, ON LOTS 18 THROUGH 24, BLOCK 13 BENNETT �ALMER ADDITION, GENERALLY LOCATED DIRECTLY NORTH OF FORMER ZANTIGO RESTAURANT, BY FRIDLEY ALANO SOCIETY• Ms. Dacy, Planning Coordinator, stated the Fridley Alano Society is constructing a 7,000 square foot buildinq for their assembly or meeting place for AA activities. She stated they have requested a variance to reduce the hard surface setback from the required 20 feet to 10 feet alonq the service road. Ms. Dacy stated the petitioner has submitted a survey that meets all the City's code requirements as to the parking requirements, but they wish to encroach 10 feet into the 20 foot required setback in order to increase their parking capacity. She stated staff recommended to the Appeals Commission that this variance be denied, however, the Commission recommended approval because all the other properties in the area are built to the ten foot setback or, in some cases, to the front lot line. She stated the Appeals Commission's recom}nendation was subject to the petitioner submitting a landscape plan for staff approval and a six foot screening fence to be constructed along the rear property line. 12.12 f� � pRZDLEY CITY COIINCIL MiEETING UF 8$PTEIiBER 18. 1989 PAGE 8 Mr. Ken Murphy, representing the Alano Society, stated they have been located in l�ioon Plaza for 22 years. He stated the Fridley Alano Society serves between 1,600 to 2,000 persons per week. He stated they have a new drug program and have also added a program for children of alcoholics. He stated they have 502 members who pay dues and all of their financing comes from recovering alcoholics. Mr. Murphy stated they have always had a problem with parking and wanted to be sure there was ample parking for anyone who wished to attend their meetings. He stated he had met with persons representing the handicapped and some parking will be lost as they did not take into consideration the ramps on the vans to lower wheelchairs. He stated, therefore, the handicapped parkin.g will have to be wider than originally anticipated. Mr. Murphy stated the property to the north of their new building is owned by AA people, but not the Fridley Alano Society. He stated there may be the possibility of purchasing this property at a future date, if funds are available. Mayor Nee stated he is impressed with their success and can seF� where the parking is needed. Mr. Murphy stated if the variance is granted, it would qive them about eight more parking stalls. Councilman Billings asked if there was any way for the other properties to conform to the 20 foot setback. He stated he did not wish to perpetuate a problem if there is a solution in getting other businesses to meet this setback in a reasonable time period. Ms. Dacy stated if any of the businesses applied for building permits, it would be possible to obtain compliance with the code at that time. She stated, however, she did not anticipate these businesses expanding. Mr. Murphy stated they plan to approach the owners of Zantigo's and try and obtain a lease for parking on their site. Ms. Dacy stated she discussed this matter with the City Attorney and if the variance is granted, there would not be an adverse impact. She stated, however, with any future development to the north, the Council could probably expect a similar variance request. Councilwoman Jorgenson questioned the drainage and if it would impact the residential properties to the east. Ms. Dacy stated the property would drain to the north and felt this issue was addressed in the issuance of the building permit. 12.13 � � �RIDLEY CITY COIINCIL �iEETING OF 8$PTBI�SBER 18, 1989 P�GE 9 MOTION by Councilman Billings to qrant variance request, VAR �89- 20, with the following stipulations: (1) the petitioner shall submit a landscape plan for staff approval; and (2) a six faot screening fence shall be constructed along the rear property line. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11. �ONSIDERATION OF A REOUEST BY DONALD DICKISON OF CUSTOMER MECHANICAL TO EXTEND THE INSTALLATION DATES OF OUTSIDE �MPROVEMENTS AS STIPULATED BY SP �88-12 AND VAR �88-22• , Ms. Dacy, Planning Coordinator, stated a request has been rece' ed by Mr. Dickison to extend the completion dates for o side improvements for the property at 5973 3rd Street. She st ed Mr. Dickison is requesting a one year extension to Septemb 1, 1990 to complete the curbing, parking lot improvements, and andscaping as stipulated in his special use permit and variance She stated due to financial constraints, Mr. Dickison has no been able to complete these improvements. Ms. Dacy stated staff is recommending extensi of the completion date subject to the letter of credit also eing extended until September 1, 1990. MOTION by Councilman Billings to improvements under SP �88-12 and September l, 1990, subject to the to September l, 1990. Seconded a voice vote, all voting aye, May unanimously. 12. exte the completion dates for VAR 88-22 for one year or until 1 ter of credit being extended b Councilman Fitzpatrick. Upon r Nee declared the motion carried MOTION by Councilman S neider to receive the minutes of the Cable Television Commissio meeting of August 17, 1989. Seconded by Councilwoman Jorgen n. Upon a voice vote, all voting aye, Mayor Nee declared the tion carried unanimously. 13. This item 14. :� deleted from the agenda. Mr. lora, Public Works Director, stated this change order consists of hree proposal requests and three work orders for the Municipal C ter totaling $3,637. He stated it also amends Proposal Request No. 51 for the employees restrooms to include additional hardware i2.14 r ' THE MOTION CARRIED IINANTMOIISLY. Ms. Savage asked for a motion regarding the stipulations as recommended by staff. MOTION by Ms. Smith, seconded by Dr. Vos, to recommend, if all or part of Variance Request, VAR #95-09, is approved, that the following stipulations apply: 1. The petitioner shall install B618 concrete curb and gutter along the east and south property lines. 2. The existing hard surface lacated between the building and the north property line shall be removed and the area converted to green space. 3. The parking lot shall be clearly striped to indicate all parking areas measuring 10 feet x 20 feet. 4. Metal or concrete bollards shall be installed along the east side of the building if the parking setback is granted. 5. The petitioner shall submit a performance bond of $5,000 to ensure completion of the landscape areas and concrete curbing. IIPON A VOICE VOTS, ALL VOTING AYE� CHAIRPERSON SAVAGB DECLARED THE MOTION CARRIED IINANIMOIISLY. Ms. McPherson stated this request would be considered by the City Council on May 15. 2. PUBLIC HEARING: CQNSiDERATION OF A VARIANCE"REQIIEST':"'VAR'�� #95-10, BY RENNETH E. MLTRPHY: Pursuant to Section 205.14.05.D.(5).(a) of the Fridley City Code to reduce the parking setback from any street right-of- way from 20 feet to 10 feet to allow the expansion of a parking lot on Lots 18 through 30, Block 13, Hyde Park, generally located at 5925 University Avenue N.E., Fridley, Minnesota. MOTION by Ms. Smith, seconded by Mr. Kuechle, to open the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGS DECLARED THL MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 8:28 P.M. Ms. McPherson stated the variance request is being made by Mr. Murphy representing the Alano Society located at 5925 University Avenue N.E., which is located east of University Avenue and south of 60th. The property is currently zoned C-2, General Business, as are the properties to the north and south. Hyde Park is � 12.15 located to the west across University Avenue. There is R-2, Two Family Dwelling, located to the east. Ms. McPherson stated the petitioner is requesting to reduce the hard surface setback adjacent to the public right-of-way from 20 feet to 8.2 feet. The petitioner representing Alano 5ociety is proposing to expand the existing parking lot an additional 65 feet to allow an additional 22 spaces to be constructed. Ms. McPherson stated the Alano building was constructed in 1989. Also in 1989, the City approved a variance request to reduce the parking setback from 20 feet to 9 feet to allow construction of additional parking spaces. At that time, the request was not due to a code requirement. The proposal met the parking requirements of the code; however, the petitioner requested additional parking spaces based on the facility's anticipated use as well as past e}cperience in Moon Plaza where they were previously located. This variance request is not the result of not meeting the code requirements but on the use of the facility. The petitioner was required to submit a site survey as part of this request. At that time, staff observed that the existing parking lot was at 8.2 feet. The Commission may want to consider granting a variance to bring the remaining parking lot into conformance. Ms. McPherson stated, in 1989, as a result of the construction of the building, a number of drainage issues were raised. Again, these drainage issues adversely affected the properties to the east. There are stipulations which relate directly to the drainage issues. There have been similar variances granted in the past. Staff has no recommendation. If the Commission chooses to recommend approvai of the variance request, staff recommends the following stipulations: 1. The board-on-board screening fence shali be extended to the end of the parking lot expansion by October l, 1995. 2. The petitioner shall submit a revised drainage plan complying with all of the comments listed in Jon Wilczek's memo dated May 3, 1995, by May 22, 1995. The drainage plan shall be signed by a registered civil engineer. 3. The area between the east edge of the parking lot and the easterly property line shall be backfilled and seeded to provide an aesthetically pleasing edge, and prevent erosion and frost damage to the curb and parking surface. 4. The parking lot driving aisles shall be extended to 25 feet. 5. The petitioner shall install a 3-foot hedge of Savin Juniper 3 feet on center within 3 years, by October l, 1998. 6. The petitioner shall submit a performance bond in the amount 10 12.16 f� of $3,000 to ensure proper installation of drainage improvements, concrete curbing, landscaping and the screening fence. Dr. Vos asked if he understood correctly that, when the parking lot was originally built, it was constructed to 8.2 feet rather than 9 feet. Ms. McPherson stated this was correct. Dr. Vos asked if there was any stipulation for landscaping on the other variance request. Ms. McPherson stated no. This was prior to adoption of the City's landscape ordinance. The ordinance is now in place and effects parking lot expansions in excess of four parking spaces. Mr. Murphy, representing the Alano Society, stated there were in 1989 between 1,500 and 2,000 people coming through the Fridley Alano Society in a week. That number has increased to approximately 2,300 - 3,000. As an example, on Saturday night they have what is called Pin Night. There used to be 30-32 people in attendance. They now have 125-130 people on a Saturday evening. The parking lot has 83 parking spaces and the print shop next door has graciously allowed them to park on their property after 4:00 p.m. They purchased that property about three years ago knowing they were going to expand and that is exactly what has happened. Mr. Murphy stated they need more parking stalls. They do not feel they should infringe on their neighbors. When they get enough funds, they do different things with different projects. They now have almost enough funds to build this and are requesting additional parking to accommodate the people in the program. Dr. Vos asked for Mr. Murphy's response to the stipulations. Mr. Murphy stated the landscaping was in effect and they have been landscaping the other areas every year because everything they put in there dies. They have a sprinkling system in. They have no problem with beautifying the area. He did not think the $3,000 bond would pose a problem because that would be refunded when the work is completed. Mr. Murphy asked if staff in stipulation #3 were talking about the adjacent lots to backfill. Ms. McPherson stated this is talking about the existing parking lot in the area of the fence. From the top of the curb, there is a 12 to 18 inch drop. 11 12.17 Mr. Murphy stated they did not have a problem with that. They have no problem with the fence. They had planned to extend the fence 65 feet. The drainage situation on the lots to the east is adequate. He thought the current drainage is adequate. This will not change. The 65 feet of blacktop will not come to the sewer grates that exist on the other lots. The parking lot will be approximately 65 feet x 118 feet. Mr. Kuechle stated he thought the concern is that with the extra blacktop the water will not soak in but rather run off more quickly so this must be designed so the catch basins can handle the water. Mr. Murphy stated they plow there and he thought the catch basin was the area where the snow had been built up. He is concerned with the expense involved with drainage. The blacktop will cost approximately $13,000. That is capacity for them as far as finances are concerned. He does not see a problem with the drainage because of the additional blacktop. Dr. Vos asked who would be most directly affected by the drainage direction, Ms. McPherson stated the water drains basically northeasterly. One of the things that occurs as a result of the construction of the existing parking lot is that a berm was constructed along the backs of the properties to the east because water was flowing into the yards adjacent to the property. Staff wants the petitioner to contract with a civil engineer for one or two hours to review the plan as proposed, to look at the elevations on the plan and say the parking lot should be tilted one way or the other to make sure that the water flows correctly and does not end up in the adjacent properties. The lay of the land is canted to the east and somewhat to the north. There is concern with the additional impervious surface. While the pipes located along the easterly property line are probably capable of handling the amount of flow generated by the impervious surface, that is not an issue. The issue is getting the water where it needs to go. Staff wants to make sure that the contractor, when they do the grading and paving, does it properly so there is no adverse impact to the adjacent properties to the east. Staff recommends the petitioner hire an outside third party contractor. Mr. Murphy stated they would comply. He did not think this would be a problem unless it was extremely expensive. They are growing quickly and are at capacity for occupancy of the building. Ms. Savage asked if staff had reaeived any calls regarding this request. Ms. McPherson stated she had received a call from a neighbor to the east who had been adversely impacted by the previous requ�st. 12 12.18 She discussed at length the stipulations conditions of approval. That person did or against the request at that time. as recommended as not state an opinion for MOTION by Dr. Vos, seconded by Mr. Kuechle, to close the public hearing. IIPON A VOICE VOTE� ALL VOTING AYE, CHAIRPERSON SAVAG$ DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING CLOSED AT 8:45 P.lYI. Mr. Kuechle stated he would recommend approval of the variance request with the stipulations. They are trying to be good neighbors in adding parking spaces which they need. They are trying to do good job. He thought the stipulations were reasonable. Ms. Smith agreed. She thought the public purpose is beinq served. She did not think the parking would encroach on any line of site or right-of-way. She would be inclined to vote for approval. Dr. Vos asked if their motion should add the existing 8.2 feet so the variance would include the entire west property line would be set back from 20 feet to 8.2 feet. Ms. McPherson stated yes. The motion should include the existing condition. Ms. Savage asked, when Alano came in for the variance request in 1989, was that based on what they felt was going to be their growth. Ms. McPherson stated, at that time, the intent of the variance was to handle the use of the building as they had currently experienced it. Even in 1989, they had talked about acquiring the additional property to the north as it became available so their intent was to have additional property to expand the parking lot as the need arose. MOTION by Ms. Smith, seconded by Mr. Kuechle, to recommend approval of Variance Request, VAR #95-10, by Kenneth E. Murphy, to reduce the parking setback from any street right-of-way from 20 feet to 8.2 feet to allow the expansion of a parking lot and to bring into conformance an existing condition on the west side of the existing parking lot on Lots 18 through 30, Block 13, Hyde Park, generally located at 5925 University Avenue N.E., Fridley, Minnesota, with the following stipulations: 1. The board-on-board screening fence shall be extended to the end of the parking lot expansion by October 1, 1995. 2. The petitioner shall submit a revised drainage plan 13 12.19 � complying with all of the comments listed in Jon Wiiczek's memo dated May 3, 1995, by May 22, 1995. The drainage plan shall be signed by a registered civil engineer. 3. The area between the east edge of the parking lot and the easterly property line shall be backfilled and seeded to provide an aesthetically pleasing edge, and prevent erosion and frost damage to the curb and parking surface. 4. The parking lot driving aisles shall be extended to 25 feet. 5. The petitioner shall install a 3-foot hedge of Savin Juniper 3 feet on center within 3 years, by October l, 1998. 6. The petitioner shall submit a performance bond in the amount of $3,000 to ensure proper installation of drainage improvements, concrete curbing, landscaping and the screening fence. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED IINANIMOIISLY. Ms. McPherson stated this request would be considered by the City Council on May 15. PUBLIC HEARING: CONSIDERATION OF A VARIANCE RE4UEST VAR #95-11, BY A. E. WALLEN HOMES, INC.: rsuant to Section 205.07.03.D.(1) of the Fridley City Code t educe the front yard setback from 35 feet to 30.5 feet to a ow construction of a garage and great room on Lot 9, Block Marian Hills Addition, generally located at 5221 Fillmore reet N.E., Fridley, Minnesota. MOTION by Dr. Vos, hearing. by Mr. Kuechle, to open the public IIPON A VOICE VOTE, ALL VOT G AYB, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE P IC HEARING OPEN AT 8:48 P.M. Ms. McPherson stated the subject p erty is located at 5221 Fillmore Street N.E. The property i zoned R-1, Single Family Dwelling, as are the surrounding parcel The variance request by the petitioner on behalf of Mr. & Mrs. aines is to reduce the front yard setback from 35 feet to 30.5 feet o allow the construction of a 26 foot x 32 foot addition. Ms. McPherson stated the existing dwelling was cons 1956. The dwelling is a two-story structure with a garage. There is a driving and parking area toward side of the dwelling. The petitioner is proposing to garage, a great room and a deck addition. There are for the petitioner as follows: 14 12.20 cted in tu -under the eet const t a alternat e