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11/27/1995 - 4888r ' x° '� uNOr �wa� FRIDLEY CITY COUNCIL MEETING ATTENDENCE SHEET Manday, Navembe�r. 27, 1495 7:30 P.M. PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN PRINT NAME (CLEARLY) ADDRE5S � '! � � C �•-t�t Ci /l1 �'^ , L �9'4' %3 v�. �J�,' .��r � � � ITEM NUMBER r i CfIY OF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 27, 1995 The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabitiries to participate in any of Fridley`s services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Coltins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE: APPROVAL OF MINUTES: City Councii Meeting of November 13, 1995 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: Approve Park Name for Park Property South of Rice Creek Townhouses .............................. 1.01 Approve Housing Goals Agreement for the Metropolitan Livable Communities Act......................... � �: , >. Fi : r � ............ 2.01 -2.02 FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 27, 1995 Page 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: First Reading of an Ordinance Recodifying the Fridley City Code, Chapter 31, Entitled "Pawn Shops," by Amending Sections 31.06, 31.11, 31.12, 31.13, and Adding New Section 31.14, and Renumbering the Remaining Sections Consecutively, and Amending Chapter 11, "General Provisions and Fees" .................................... 3.01-3.07 First Reading of an Ordinance Recodifying the Fridley City Code Chapter 216, Entitled "Storm Water � . Drainage Utility" by Amending Section 216.04 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.01 - 4.02 Resolution Confirming the Amounts . Held in Change Funds Within the General Fund and Municipal Liquor Fund .................................... 5.01-5.02 Resolution in Support of an Application for a Minnesota Lawful Gambling Premises Permit to Spring Lake Park Lions (Longhorn Grill & Bar) (Ward 3) . . . . . . . . . . . . 6.01 - 6.02 FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 27, 1995 Page 3 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: Claims ................................... 7.01 Licenses ................................. 8.01-8.03 ADOPTION OF AGENDA: APEN FORUM, VISITORS: (Consideration of Items not on Agenda - 15 Minutes) PUBLIC HEARING: Amend Redevelopment Project Area No. 1, and Create Tax Increment Financing District No. 14 . . . . . . . . . . . . . . . . . . . . . . . . . 9.01 - 9.17 FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 27, 1995 Page 4 PUBLIC HEARING (CONTINUEDI: Vacation Request, SAV #95-04, by Gary Hedman, to Vacate a Utility Easement, Generally Located at 60 - 70th Way N. E. (Ward 3) . . . . . . . . . . . . . . . . . . . . . . 10.01 - 10.05 Vacation Request, SAV #95-05, by Industriai Equities, to Vacate Drainage and Utility Easements Originally Dedicated on the Recorded Plats of Northco Business Park and Northco Business Park 2nd Addition, Generally Located at the Southwest Corner of 73rd Avenue and Northco Drive (Ward 1) . . . . . . . . . . . . . . . . . . . . . . . 11.01 - 11.0:5: Stonybrook Creek Improvement Project No. 246 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ' 12.01 - 12.05 NEW BUSINESS: Variance Request, VAR #95-31, by Anthony and Joyce Swanson, to Reduce the Side Yard Setback from a Street Right-of-Way from 17.5 Feet to .5 Feet, to Allow Reconstruction of a Garage, Generally Located at 6601 Lucia Lane N. E. (Ward 2) . . . . . . . . . ..................... 13.01-13.10 FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 27, 1995 Page 5 NEW BUSINESS (CONTINUED� Resolution Adopting a Drug and Alcohol Policy Implementing the Federal Omnibus Transportation Employee Testing Act and Related Regulations .................... ............... 14.01 -14.32 Resolution Ordering Improvement, Final Plans and Estimates of Costs Thereof: Stonybrook Creek Improvement Project No. 246 . . . . . . . . . . . . . . . �. . . . . . . . . . . . . . . . . . 15.01 Receive Proposal and Approve Contract with Maier Stewart & Associates for Design of Well No. 'I2 Filtration Plant (Ward 2) . . . . . . . . . . . . . . . . . . . . . 16.01 Informal Status Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . 17.01 ADJOURN: � , 0 F1�DLF+�Y CITY COUNCIL MEETING OF NOVEMBER 27, 1995 ��i �';.lrt.:�✓ ,�'K�`�.._� t'� � � CfiY OF FRIDLEY The City of Fridley wil( not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, nationa! origin, sex, disability, 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 activities_ Hearing impaired persons who need an interpreter or other persons with disabi(ities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE: APPROVAL OF MINUTES: City Council Meeting of November 13, 1995 r� �;f'> .".�, ,: � -f' G. �L-t-c�.%�+�_ � ; ; �.- APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: Approve Park Name for Park ' Property Soufh of Rice Creek Townhouses .................. 1.01 . /, ., Lfy�J,,,s.,<. ,,� `'�-L',�-��v ! J r'71...�.-�r� ��- �� Approve Housing Goals Agreement for ttie 1lletropolitan Livable Commc�nities Act . . . . . . . . . . . . . . . . . . . . . . . 2.01 - 2.02 ��G �� First Reading of an`Ordinance Recodifying the Fridley City Code, Chapter 31, Entitled "Pawn Shops,° by Ame�ding Sections 31.06, 31.11, 39.92, 31.13, and Adding New Section 31.14, and Renumbering the Remaining Sections Consecutively, and Amending Chapter 11, "General Provisions and Fees" . . . . . . . . . . . . . . . . . . . . . . . 3.01 - 3.07 / ,2,�`.;�.SZ� _ , First Reading of an Ordinance Recodifying the Fridley City Code Chapte� 216, Entitled "Storm Water Drainage Utility" by Amending Section 216.04 . . . . . . . . . . . . . . . . 4.01 - 4.02 �.;�-�,�..,�:n.� . NEW BUSINESS (CONTINUEDI: Resolution Confirming the Amounts � Held in Change Funds Within the General Fund and Municipal Liquor Fund . . . . . . . . . . . . . . . . . . . . . . . 5.01 - 5.02 �C> �:..�.0 �� , Resolution in Suppo�t of an Application fo� a Minnesota Lawful Gambling Premises Permit to Spring Lake Park Lions (Longhom Grill & Bar) (VVard 3) . . . . . . . . . . . . . . . . . . . . . . 6.01 - 6.02 4 Z�� n� , +L'laims . . . . . . . . . `�;�/?!':^'."`�`�(.-�.01 Licenses . . . . :r::�%��: .�'�'.�. � 8-01 - 8.03 ADOPTION OF AGENDA: L - c�-- �'`'�`'�.-�� : _.�,�..-/f".�.=� OPEN FORUM. VISITORS: (Consideration of Items not on Agenda -15 Minutes) �1.t> �.t-=,. PUBLIC HEARING: Amend Redevelopment Project Area Na 1, and Create Tax Increment Financi�g Disfict No. 14 . . . . __. . . . . . . . . 9.01 - 9.17 G< 7 ' S Z C� _.. � f .S— �' � s PUBLIC HEARING {CONTINUED): Vacation Request, SAV #95-04, by Gary Hedman, to Vacate a Utifity Easement, Generally Located at 60 - 70th Way N.E. (Ward 3) . . _ . . . . . . . . 10.01 -10.05 � � � 1 ;� � �.��:�� Vacation Request, SAV #95-05, by Industrial Equities, to Vacate Drainage and Utility Easements Originally Dedicated on the Recorded Plats of Northco Business Park and Northco Business Park 2nd Addition, Generally Located at the Southwest Corner of 73rd Avenue and No�thco Orive (Ward 1) . . . . . . . . . . . . . 11.01 -11.05 � — �: u� G — � �� 7 * � NEW BUSINESS {CONTINUEDI: Resolution Ordering Improvement, Final Plans and Estimates of Costs Thereof: Stonybrook Creek Improvement Project No: 246 . . . . . . . . . . . . . . . . . . . . . . . 15.01 ? �// /9 L L-`�'_Z�, �t/�`✓� ,,,C,./.l-� A/ / vL�� . Receive Proposal and Approve Contract with Maier Stewa�t 8 Associates for Design of Wall No. 12 Filtration Plan# (Ward 2) . . . . . . . . . . . 16.01 �i�6/` � :.�.�i Informal Status Reports . . . . . . . . . . . . . . . . . 17.01 . � Stonybrook Creek lmprovement ADJOURN: Project No. 246 . . . : . . . . . . . . . . . . . . . . . . . '12.01 -12.05 � ._ �� /�� / "7 U�-�=-�� ,�,��t-�-- C ,,�,� z 3 �- , ._-.-- NEW BUSINESS: Variance Request, VAR #95-39, by Anthony and Joyce Swanson, to Reduce the Side Yard Setback from a Street Right-of-Way from 17.5 Feet to .5 Feet, to Allow . Reconstruction of a Garage, Generally Located at 6601 Lucia Lane N.E. (Ward 2) . . . . . . . . . . . . . . . . . . . 13.01 -13.10 ��fi�'l� �� - � ,/�;'y� S �� -�"� ��-�` '�`��"� � '2`�� . Ct � `�� - ...ti _ ,,tj� /� sr'�� Resolution Adopting a D` riag �d� Alcohol Policy Implementing the Federal Omnibus Transportation Employee Testing Act and Related Regulations . . . . . . . . . . . . . . . . . . . . . . . 14.01 -14.32 A c . .`�. c�'.-�:_��`�' ��-- ("�. �2--- ' f�__.2 �,--��.��. � �. .—...._,. ___-- _ _ �� 1� THE MINLITEB OF THL REtitJLAR ME$TINt� OF TH$ FRIDLEY CITY COIINCIL OF NOVEMBER 13. 1995 The Regular Meetinq of the Fridley City Council was called to order at 7:38 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flaq. ROLL CALL: MEMBERS PRESENT: Mayor Nee, Councilwoman Jorgenson, Councilman Billings, Councilman Schneider and CounciZwoman Bolkcom MEMBERS ABSENT: None PRESENTATIONS: �'RIDLEY '49ER DAYS PARADE FLOAT AWARD AND NATIONAL NIGHT OUT AWARD: Ms. Julie Swanson, Crime Prevention Specialist II, stated that the block captains received two awards this past summer, one for the float in the Fridley �49er Days parade, which was the kick-oif for National Night Out and a national award for sixth place for National Night Out. Ms. Swanson, along with same of the block captains, presented these awards to the City Council. She stated that it was the creative ideas of the block captains that earned these awards. Mayor Nee and members of the City Council extended their congratu- lations on receivinq these awards. PROCLAMATION: HOME CARE MONTH: NOVEMBER. 1995: Mayor Nee issued a proclamation proclaiming the month of November, 1995 as Home Care Month and presented this proclamation to Mr. Bob Loftus. Mr. Loftus thanked the Mayor and the City Council for this pro- clamation and invited them to an open house on November 30 at 3931 East River Road to celebrate the recognition of the people that provide home health care. Mayor Nee thanked Mr. Loftus and those who provide this service. FRIDLEY CITY COIINCIL MBETING OF NOVEMB$R 13, 1995 PAGB Z APPROVAL OF MINUTES: COUNCIL MEETING. OCTOBER 23. 1995: MOTION by Councilman Schneider to approve the minutes as presented. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion.carried unanimously. APPROVAL OF PROPOSED CONSENT AGENDA: Mr. Burns, City Manager, briefly reviewed the items on the consent agenda. NEW BUSINESS: l. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF OCTQBER 18, 1995: REC8IV8D. 2. RECEIVE TIiE MINUTES OF THE PLANNING COMMISSION MEETING OF NOilEMBER 3. 19 9 5: RECEIVED. 3. ESTABLISH A PUBLIC HEARING FOR NOVEMBER 27, 1995 FOR A VACA- TION REOUEST, SAV #95-04, BY GARY HEDMAN. TO VACATE A UTILITY �EMENT GENERALLY LOCATED AT 60 ?OTH WAY N.E. (WAR1� 3): Mr. Burns, City Manager, stated that the purpose of the public hearinq is to vacate a ten-foot utility easement to clear the title. He stated that no public utilities are in this loca- tion, and the Planning Commission approved the vacation subject to a stipulation that the petitioner dedicate a new utility easement and commission a survey to verify location of the new easement. 8ET THE PIIBLIC HEARIN(3 O�T PACATIO�i REQOEST, SAV #95-04, BO� NOVEMBER 27, 1995. 4. ESTABLISH A PUBLIC HEARING FOR NOVEMBER 27 1995. FOR A VACA- ��ON REQUEST. SAV #95-05 BY IATDUSTRIAL EOUITIES TO VACATE DRAINAGE AND UTILITY EASEMENTS ORIGINALLY DEDICATED ON THE RECORDED PLATS OF NORTHCO BUSINESS PARK AND NORTHCO BUSINESS PARK 2ND ADDITION. GENERALLY LOCATED AT THE S(JUTHWEST CORNER OF 73RD AVENUE AND NORTHCO DRIVE (WARD 1�,: Mr. Burns, City Manager, stated that the purpose of the public hearing is to vacate a 20 foot drainage and utility easement located near the intersection of 73rd Avenue and the East University Avenue Service Drive. He stated that the owners propose to relocate the easement to allow construction of an FRIDLEY CITY COIINCIL MEETING OF NOVEMBBR 13. 1995 PAG$ 3 88,000 square foot, multi-tenant industrial building. He stated that there is a 24 inch storm sewer in the easement, and it will be voluntarily relocated according to plans that have been appraved by the City's engineers. SST THB PtTBLIC HgARINti O�1 VACATIO�T �QOEST, BAV #95-05, FOR NOVEMBER Z7, 1995. 5. RESOLUTION NO 81-1995 CALLING FOR A PUBLIC HEARING ON THE MODIFICATION OF THE REDEVELOPMENT PLAN FOR REDEVEIAPMENT PROJECT NO. 1 AND THE TAX INCREMENT FINANCING PLANS FOR TAX �NCREMENT FINANCING DISTRICT NOS. 1. 2, 3. 6 7. 9, 10, 11, 12 AND 13 TO REFLECT INCREASED PROJECT COSTS WITIiIN REDEVE- LOPMENT PROJECT NO. 1 AND THE ESTABLISHMENT OF PROPOSED TAX INCREkIENT FINANCING DISTRICT NO. 14 AND THE APPROVAL AND ADOPTION OF'�HE PROPOSED TAX INCREMENT FINANCING PLAN RELATING THERETO• Mr. Burns, City Manager, stated that John Allen of Industrial Equities Development Investments is requesting tax increment assistance from the HRA for soil correction and relocation of a storm sewer. He stated that this assistance is to allow for a 88,000 square foot industrial business center to be con- structed at a cost of $3,500,000. He stated that the assis- tance is requested in the form of a$175,000 grant and a $175,000 loan. ADOPTED RESOLDTION NO. 81-1995. 6. RESOLUTION NO 82-1995 APPROVING A COMPREHENSIVE PLAN AMEND- MENT. CPA #95-02 BY THE CITY OF FRIDLEY FOR MINCO PRODUCTS, INC.. TO AMEND THE CURRENT LAND USE DESIGNATION FROM COMMER- CIAL TO INDUSTRIAL. GENERALLY LOCATED AT 7321 COMMERCE LANE N.E. {WARD 3): Mr. Burns, City Manager, stated that this resolution approves a comprehensive plan amendment for property at 7321 Commerce Lane N.E. He stated that the amendment will allow a 60,000 square foot addition to Minco Products Plant No. 2. He stated that this amendment would help balance 14.5 acres that were recently converted from industrial to commercial for Home Depot. ADOPTED REBOLIITION NO. 82-1995. 7. RESOLUTION N� 83-1995 APPROVING A SUBDIVISION LOT SPLZT L.S. #95-02, BY THE FRIDLEY HOUSING AND REDEVELOPMENT AUTHORITY, TO SPLIT PROPERTY GENERALLY LOCATED AT 533 JANESVILLE STREET N E. (WARD 3): Mr. Burns, City Manager, stated that this lot split is for property at 533 Janesville Street and consists of three FRIDLEY CITY COIINCIL MEETING OF NOOEMBER 13. 1995 PAQ$ 4 25 foot by 100 foot lots for a total of 9,625 square feet. He stated that this lot split would split off a 20 foot by 50 foot and a 15 foot by 25 foot segment of the property for sale to adjoining land owners at 538 and 528 Kimball Street. He stated that there are several advantaqes to this lot split, as it will enlarge the lots on Rimball Street bringing them closer to the City's minimum lot size. It also corrects a boundary line prabl�m, clarifies legal descriptions, and �nhances the appearance of the area. He stated that the re- maininq 8,250 square foot lot will be sold for construction of a new home subject to Council's approval of a variance to the lot area. ADOPTBD RESOLIITION NO. 83-1995� 11ITH THR FOLLOWING STIPIILATIONS �ITTA�D AS EBSIBIT At �1) T8L 11DJACE�i'1' PROPERTY OW1�E� SHALL COM��NE THE NEA PARCELS WITH T�EIR �%ISTING PARCELS INTO ONE TAX PARCEL? AND (2) THL PLANNINa COMMISSIObi RECOGNIZES THAT THE IA'1' AREA OF 533 JANESVILLS STRELT �i.L. IS LESB TBAN TIIE 9,000 SQDARE FEET REQIIII�ED BY CITY CODB. 8. VARIANCE REQUEST. VAR #95-27� BY LINDSTROM METRIC. INC., TO REDUCE THE 5ETBACK OF A SIGN FROM THE PROPERTY LIATE FROM 10 FEET TO 5 FEET TO ALLOW CONSTRUCTION OF A 32 SOUARE FOOT MONUMENT SIGN. GENERALLY IACA"I'ED AT 8�01 ASHTON AVENUE N.E. [WARD 3�: Mr. Burns, City Manager, stated that this variance would reduce the siqn setback from ten to five feet and allow con- struction of a 32 square foot monument sign. He stated the hardship is that the required setback would allow only 2-1/2 feet for storing snow from the parkinq lot. The proposed sign location is 15 f�et from the street curb and will not inter- fere with snow storage. He stated that the variance is con- sistent with previously granted variances. GRA1�iTED VARIANC$ REQUEST, VAR #95-27, TO REDIIC$ THS SSTBACR OF A BIGld FROM TIIE PROPERTY �INE FROI[ TL�1 FE]ET TO FIV$ FEET. 9. V�1,RIANCE RE4UEST, VAR #95-28, BY MURPHY WAREHOUSE. TO ALLOW A SIGN PAINTED DIRECTLY ON A BUILDING GENERALLY LOCATED AT 4700 MAIN STREET N.E. (WARD 3�: Mr. Burns, City Manager, stated that this variance would allow the owner of property at 4700 Main Street to paint a 360 square foot company logo on a 266,000 square foot building. He stated the petitioner felt that a painted sign is more proportionate to the size of the buildinq than a free-standing sign. He stated that the sign will not be internally illumi- nated and will have less impact on adjacent residential pro- perty than a free-standing sign. Mr. Burns stated that the Appeals Commission recommended approval with the stipulation that this variance precludes the petitioner from installinq a free-standinq sign in the future. � �i� �� Y1: c • •��; t: ; c (3RANTSD VARIANC$ itEQIIEBT, 'i1Aft #95-28, TO ALI+OW ]1 SI�i PAINTED DIRBCTLY ON A BIIILDINQ, WITH TH$ STIPIILATIONS TBAT (1) APPZtO- VAL OB THIS VARIANCB PRBCLIID$8 THB BETITIONER BROI[ INSTALLINa ]► FRE88TANDIN�i SIQDi f A�iD ( 2) THR PETITIODTSR SHALL �(AI�1'1'AI�1 T88 BIQ�i I�1 71�T ]1TTRACTiVB 1[A�TDTSit. � 4 • • L� ��+4�!' i • �t l' � � �____� 4t � 1� • �� • • �__;_' • � � y�� • 1 ' , • �i� • � 4��_ � • > ; r. � � � � � r � .� Mr. Burns, City Manaqer, stated that in December, 1993, Council granted a variance that allows an institutional siqn for purposes of advertfsinq church service times. He stated that the church is requestinq an extension of the variance to December 3, 1997 and staff recommends approval. APPROVSD SSTS�SION OF VARIANCB, VAR �93-29, TO D$CEffiBBZt 1, 1997. � • _.�_ •� ' __� _ � ; ��__ �! •�Y4� =1� •� �� ;. ��,r! �1� � • Mr. Burns, City Manaqer, stated that aities have an option of accepting traditional LGA/HACA deductions, or makinq a pquali- fyinq contribution" for tax increment financinq districts certified a€ter June.�0, 1994.- He stated that this Ncontribu- tion" is an annual event that must equate to 7.5 percent of the tax increment generated by the district. He stated that Tax Increment District No. 13 encompasses the former apartment properties that the HRA acquired for its southwest quadrant project. Mr. Burns stated that s3nce the local contribution ($118,785) is less than the traditional LGA/HACA deduction ($344,948), staff is recommendinq that Council opt to make the "local contribution.a He stated that althouqh the money will actually be paid by the HRA from its ��unrestricted revenue,N Council is required to select this option before the end of this year. THIB ITEM lIAB REMOVED FROI[ THE CONS$NT AGLND31 l�IfID PLACBD ODT THS REGIILAR AGENDA. • � � �_ �� :• � • ��r� '•• �''� � �_� � � � � _ �! ' � �� __� • .!� � � �' �1+ s 'i ' • Si.�_ � ' � 1!� • � =�� s_ .� � � = �' � � � ' �r� Ls -� � � � , s . �_ L � Mr. Burns, City Manaqer, stated that the Metropolitan Council is repairing the force main.pipes on Hickory Place which normally requires a security bond. He stated that this is emerqency work, and the contractor is required to have FRIDLEY CITY COIINCIL MBSTINQ OF NOVEMB$R 13, 1995 PAQS 6 security. Staff feels what they h�ve is sufficient. Therefore, it is requested that the security be waived. APPROVED TSB WAIVEjt OF THE $l, 000 SECORITY BOND FOR R1:PAI� 110RlC BY TH$ METROPOLITADT COIINCIL ENVIRONMENTAL 88RVIC88 DIVISION. �- •. ••� • �� _- ' �- .. . �__ � � ' • � � ;_� Mr. Burns, City Manager, stated that in repairing the water- main line on Washington Street, there was an inordinate amount of blue clay material. Additional fill material is necessary to rebuild the base for the street, as well as installation of a hydrant. He stated that the amount of the chanqe order is $4,251. APPROVED CHANGL ORDER NO. 1 WITH PEN�T CONTRACTIN�3, INC. FOR THE WASHINGTO�i STREET WATBRMAI�T RBPAIR PROJECT NO. 272 I� THE AMOIINT OF $4,251.00. 14. �2ESOLUTION NO. 85-1995 AUTIiORIZING MUNICIPAL STATE AID FUNDS �O COUNTY STATE A,ID HIGHWAY (C.5 A FI.) EAST RIVER ROAD - HARTMAN CIRCLE TO GLEN CREER ROAD (S.P. 02-601-36� tS.A.P. 127-020-13 ADDENDUM NO. 1) �WARD 3): Mr. Burns, City Manag�er, stated that in order to obtain State Aid reimbursement for the East River Road bike path, the City needs to execute an addendum to the original request. He stated that the original request covered that portion of the bike path located within the County improvement project from Hartman Circle to Glen Creek Road. He stated that this reso- lution requests reimbursement for the bike path from Rice Creek Way to Hartman Circle and from Glen Creek Road to Osborne Road. ADOPTED RESOLIITION �i0. 85-1995. 15. RESOLUTION NO. 86-1995 IN SUPPORT OF AN APPLICATION FOR A 1�INAtESOTA LAWFUL GAMBLING PREMISES PERMIT TO F�IDLEY AMERICAN LEGION POST 303 (WARD 2): ADOPTED RESOLQTION NO. 86-1995. 16. RECEiVE THE 1996 BUDGET OF THE NORTH METRO CONVENTION AND VISITORS BUREAU: Mr. Burns, City Manager, stated that no action is required by Council other than to receive this budqet. RECEIVED. �.� � �' �i��_ 1� c • .•�!� 1: c: 1 � iL. � � � � � � Y� r_, � �L�Y�� ' � � � � �_ + Mr. Burns, City l�anager, stated that this resolution desig- nates the time and number of City Council meetinqs for 1996 and includes regular meetings, conference meetings, and budget work session meetings. ADOPTBD RS80LOTIO�T NO. 87-1995. 18. CLAIMS: AIITHOitIBLD P11iC1�ENT OF CLAII[ �TOB. 64860 THR�OIIQH 65189. 19. LICENSES: APPROVSD THB I�ICEN888 AS BIIBMITTED AND 7►8 O�i BII.B I�i THE LICENSS CLERIC�B OFFICE. 20. ESTIMATES: PiPPROVED TS$ BSTIMATBS 718 BOLIAAB s Standard Sidewalk, Inc. 29635 Neal Avenue Lindstrom, PIIJ 55045 Miscellaneous Concrete Curb, Gutter and Sidewalk Project No. 279 � FINAL ESTIMATB . . . . . . . . . . . . . . . $ 4,802.68 Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, I�IIJ 55432 Services Rendered as City Prosecuting Attorney for the Month of September, 1995. .$ 12,600.00 Penn Contractinq, Inc. 1697 Peltier Lake Drive Centerville, MN 55058 Washington Street Watermain Repair Project No. 272 Estimate No. 1 . . . . . . . . . . . . . . . $ 35, 833 . 05 Iiardrives, Inc. 9724 Tenth Avenue North Piymouth, I�T 55441 1995 Street Improvement Project No. ST. 1995 - 1& 2 Estimate No. 1 . . . . . . . . . . . . . . . $193, a52. 29 , � •1� I" t • •�:YI: G There were no comments form the audience regarding the proposed consent agenda items. Councilman Schneider requested that Item 11 be placed on the regular aqenda. MOTION by Councilman Billings to approve the consent aqenda items, with the deletion of Ite�a 11. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �� • •' �� MOTION by Councilman Schneider to adopt the agenda wit tion of Item 11 from the consent aqenda and the addition to consider nominees for appointment to the Rice Cree District Board of Managers. Seconded by Councilwoman Upon a voice vote, all voting aye, Mayor Nee declared carried unanimously. OPEN FORUM. VISITORS: h the addi- of an item k Watershed Jorgenson. the motion . . . . . .. . �-- � � � 4 --_- ' 's • � - � --- � _ � � �_ : �l Mr. Dean Saba submitted a report from the Fridley Pride City-Wide Committee dated November 13, 1995, which contained cost� for the cleanup and volumes of materials collected. He stated that 30,000 cubic yards of tree brush and brar�ches were collected; �,200 major appliances were removed; 14,880 pounds of useable furniture was collected; 15 junk vehicles were removed; and over 265 tons of general refuse was removed. He stated that at the Columbia Arena drop-off site the followinq items were collected: 2,089 tires; 1,909 fluorescent lamps; 2,000 qallons of used oil; 1,036 of used oil filters; 457 batteries; 92 tons of concrete and asphalt; and 37 tons of scrap metal. Mr. Saba stated that the report summarizes the services conducted by the contractors, volunteers, and the Committee. He stated that it was the support of Council that made this event a reality, and he extended his thanks and appreciation for everything Council did to make this event such a success. PUBLIC HEARINGS: 21. PUBLTC HEARING ON MODIFICATION OF CHAPTER 216 OF THE FRYDLEY CITY CODE. ENTITLED "S'�ORM WATER DRAINAGE UTILITY:" MOTION by Councilman Billings to waive the reading of the public hearinq notice and open the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:05 p.m. FRIDLEY CITY COUNCIL MEBTINa OF NOVEMBBx 13, 1995 PAQB 9 Mr. Pribyl, Finance Director, stated that this public hearinq is to modif� _Chapter 216 of the City Code that deals with the rate settinq process. He stated that thi� is a simple chanqe which relates to how the storm water drainage rate is set. He stated that the cade currently requires that this rate "shall be $5.25 per quarter per REF acre." The chanqe that is recommended is that the storm water drainaqe rate "shall be eet by Council resolution." No persons in the audience spoke regarding this proposed modification. MOTION by Councilman Schneider to close the �ublic hearinq. Seconded by Councilwoman Bdlkcom. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:07 p.m. 22. �JBLIC HEARING ON ASSESSMENT FOR STREET IMPROVEMENT PROJECT NO• ST. 1992 - 2(CONTINUED FROM OCTOBER 23, 1995): Mayor Nee re-opened this public hearing on the assessment for Street Improvement Project No. ST. 1992-2. Mr. Pribyl, Finance Director, stated that the assessment roll that was presented at the last Council meetinq on October 23 had a draft page that contained an incorrect assessment rate of $9.50 per foot. He stated that the assessment booklet has been corrected, and the three properties at 1040, 1050, and 1060 Hathaway Lane wili be assessed at $7.70 a foot and not $9.50 a foot.. He stated that this assessment would be spread over a ten-year,period at an interest rate of 6-1/2 percent. Councilman Schneider stated that the issue at the last meetinq was that the property owners were not to be charged more than $8.00 a foot. No persons in the audience spoke reqarding this proposed �ssessmerzt for Street Improvement Project No. ST. 1992-2. MOTION by Councilman Schneider to close the public hearinq. Seconded by Councilwoman Jorgenson. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:10 p.m. OLD BUSINESS: 23. �SOLUTION NO. 88-1995 CONFIRMING ASSESSMENT FOR STREET �MP130VEMENT PROJECT NO. ST. 1992-2 (TABLED OCTOBER 23 1995): Mayor Nee removed this item from the table. MOTION by Councilman Schneider to adopt Resolution No. 88-1995. Seconded by Councilwoman Jorqenson. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COIINCIL MEETINa OF NOVEMBER 13. 1995 PAGE 10 NEW BUSINESS• 24. SIX MONTH REVIEW OF SHARX CLUB INTOXICATING LIOUOR LICENSE (WARD 3): Mr. Pribyl, Finance Director, stated that on April 24, 1995, Council sstablished a six-month review of this liquor license for Sharx Club. He stated that there were some stipulations placed on this liquor license, and Sharx has provided staff with the ST-1 forms indicating the percentaqe of food sales in relation to liquor sales. He stated that from August to October, there was a signifi- cant increase in food sales in relation to liquor sales and pre- sented a chart showinq these figures. He stated that the target is for forty percent food sales and sixty percent liquor., and the figures are going in that direction. Mr. Pribyl stated that the Public Safety Director has indicated that Sharx has been handling security problems well. Councilman Schneider stated that the food was very good at Sharx and asked Mr. DeFoe if his food sales were increasing. Mr. DeFoe, owner of Sharx Club, stated that food sales have laeen increasing every day. Mr. Pribyl stated �hat Mr. DeFoe is using some very creative tech- niques to increase food saZes. Councilwoman Jorgenson stated that Sharx fax lux�ch menus to busi- nesses in their area to help increase their foo� sales. She stated that Mr. DeFoe did wonders with the establishment, and she said that the food is very good. MoTION by Councilwoman Bolkcom to receive the reports from staff on Sharx Club in regard to the ratio of food to liquor sales and the report from the Public Safety Director dated November 6, 1995. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 25. APPROVE A WATER CONSERVATION AND EMERGENCY PLAN AMENDMENT TO THE CITY'S COMPREHENSIVE PLAN AND AUTHORIZE STAFF TO SUBMIT IT TO THE METROPOLITAN COUNCIL: Mr. Hickok, Planning Coordinator, stated that this plan has been prepared to fulfill State mandates requiring public water suppliers to adopt plans to promote the efficient use of water. He stated that the drought conditians of 1987-89 prompted the State Legisla- ture to require the development of conservation plans for alloca- tion of water if similar conditions occur in the future. Mr. Hickok stated that the plan consists of four basic parts: (1) inventory of the City's existing system; (2) proposed water conser- �RIDLEY CITY COIINCIL MEgTINa OF NOV8IKBSR 13. 1995 PAQS 11 vation plan; (3j proposed water emergency plan; and (4) implementa- tion strategies. Mr. Hickok stated it is recommended that Council refer this plan to the Metropolitan Council for their review. Councilman Schneider stated that the City spent about $16,000 for this plan, and he questioned if anythinq was gained. Mr. Hickok stated that he felt the plan was an educational tool for the community in water conservation. He stated that it outlines the City's wells, the water production process, and establishes a plan for water conservation and emerqencies. He stated that the formulation of the plan drew toqether staff inembers and set up a strong internal communication link for emergencies. Mr. Flora, Public Works Director, stated that the plan outlined priorities in handling an emergency. Councilman Schneider stated that he felt the plan was well done, and he appreciates staff's compilation of the plan. He stated that he did question if this was a good use of public funds, as many communities had to spend funds to compile the plan, and funds will need to be spent by the Metropolitan Council to have someone review the plans. Mayor Nee asked if alternate days for sprinkling result in a 2-1/2 percent reduction in water consumption. Ms. Dacy, Community Development Director, stated that the 2-1/2 percent fiqure is related to all conservation methods, assuming everyone in the City conserved water, and it does not directly relate to the alternate sprinkling days. MOTION by Councilman Billings to approve the Public Water Supply Emergency and Conservation Plan and authorize submission to the Metropolitan Cauncil. Secanded by Councilwoman Jorgenson. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. 26. APPROVE SCHEDULE FOR STONYBROOR CREEK PROJECT: Mr. Flora, Public Works Director, stated that a meeting was held with Stonybrook Creek residents where both the three-quarter and full length pipe options were explained. He stated that the concept of installing pipe through the back yards, backfilling the yards, and restoring the ditch was also discussed. He stated that as a result of this meeting, the three-quarter length of the pipe i.e., burying the pipe in the first five lots and keeping an open channel on the remaining three lots, was supported. Mr. Flora stated that two public hearings are necessary, one for the assessment for those properties abuttinq Stonybrook Creek, and FRIDLEY CITY COIINCIL MEETING OF NOVSMBER 13, 1995 pAGB 12 a public hearing for the ad valorem levy to the watershed. He suggested that November 27, 1995, and December il, 1995, be established as the dates for these public hearings. MOTION by Councilwoman Bolkcom to set the public hearings for November 27, 1995 for the assessment and December 11, 1995 for the ad valorem levy for the Stonybrook Creek project. Seconded by Councilman Billinqs. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11. RE�OLUTION NO. 84-1995 ELECTING A 4UALIFYING CONTRIBiTTION TO TAX INCREMENT FINANCING DISTRICT NO. 13: Councilman Schneider asked where the funds would come from for this qualifyinq local contribution. Mr. Burns, City Manaqer, stated that it would come from unrestric- ted tax revenue income from the Housing and Redevelopment Authority. Councilman Schneider stated he understands that a qualifying local contribution in lieu of a reduction in LGA/HACA payments would be better. Mr. Burns stated that a contribution would be much better, as the amount of the 7.5 percent contribution until 2012 equals $118,785 versus the LGA/HACA deduction of $344,948. He stated that the local governing authority must approve the option, and it must be done on an annual basis. Ms. Dacy, Community Development Director, stated that the City or the HRA can make the payment. In this case, it states that the HRA can provide payment. She stated that this amount can be easily handled in the cash flow, as it is essentially $5,000 per year. MOTION by Councilman Schneider to adopt Resolution No. 84-1995. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 26A. CONSIDERATION OF NOMINEES TO THE RICE CREER WATERSHED DISTRICT $OARD OF MANAGERS: Mayor Nee stated that the names of Scott Lund, Robert Barnette, and Leon Madsen have been submitted for consideration for appointment to the Rice Creek Watershed District Board of Managers. He stated that these persons can be considered, as well as any others that Council may wish. MOTION by Councilwoman Bolkcom to submit the names of Scott Lund, Robert Barnette, and Leon Madsen and add the name of John Flora for consideration for appointment to the Rice Creek Watershed District Board of Managers. Seconded by Councilwoman Jorgenson. Upon a �� • �1i 1' � t • • ' : yl: � c : � voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ��'��r � _ � �l �� i Mr. Burns, City Manager, stated that he wished to discuss the followinq items informally, if time allows: (1) citizen survey; {2j Stonybrook Creek update; (3j Locke Lake update; (4) proposed pawn shop ordinance; (5) combininq the Planninq and Appeals Gommissions; and (6) filterinq of Well No. 12. Councilman Billings stated that advised him that the National received was incorrectly stated really fourth place. He stated last year. � • • 1i_��_ �1+ the Public Safety Director has Niqht Out Award that the City as beinq sixth place when it was that Fridley was in sixth place MOTION by Councilman Schneider to adjourn the meetinq. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the•Reqular Meetinq of the Fridley City Council.of November 13, 1995 adjourned at 8:38 p.m. Respectfully submitted, CaroZe Haddad William J. Nee Secretary to the City Council Mayor � City of Fr�dley � Recreation & Natural Resource Department 6431 University Avenue NE, Fridley, Minnesota. 55432 Phone # 612-572-3570 Fax # 612-571-1287 November 14, 1995 TO: William W. Burns �� City Manager � FR: Jack Kirk Director RE: PARK NAME FOR PARK PROPERTY SOUTH OF RICE CREEK TOWNHOUSES At its September meeting, the Parks & Recreation Commission suggested that the new pack immediately south of the Rice Creek Townhouses be named "Creek View Park". It is my understanding that when you discussed this with the City Council, they suggested that before reaching a final decision on a park name that we get some neighborhood input and suggestions. In October, I contacted the residents via letter (100 were sent out) regarding this issue. In the letter, I first notified the residents of our immediate plans for the park and reminded them that this park facility is open to a11 Fridley residents for use and it is not a private park for any particular neighborhood. Secondly, I asked for input regarding the issue of naming the park. We received eight responses to the request for input, and 7 of the 8 liked the name Creek �ew Park as recommended by the Parks & Recreation Commission. At the November meeting, the Parks & Recreation Commission re-visited this item and reconfirmed their preference for the name Creek View Park. It is my recommendation that the City Council approve the name Creek View Park for the new park recently established just south of the Rice Creek Townhouses. As with our other park property, we would install a park sign with the park name on it some time in the early spring. Let me know if you need additional information, or need me to do any other work on this project. Thank you. JK: sj JK9�113 1.01 i _ � � Community Development Department PLANNING DIVISION City of Fridley DATE: November 21, 1995 TO: William Burns, City Manager�� FROM: SUBJECT: Barbara Dacy, Community Development Director Approval of Housing Goals Agreement for the Metropolitan Livable Communities Act Participation in the Metropolitan Livable Communities Act requires the City of Fridley to adopt the attached Housing Goals Agreement. The agreement contains the six housing principles and also identifies the benchmarks for the housing criteria, including affordability, life cycle, and density. Staff recommends that the agreement indicate that the City of Fridley will maintain a balance of housing stock such that it will not fall below the minimum benchmarks identified for each criteria. For - example, in the affordability criteria, the City will not permit the amount of owner-occupied housing to decrease below 77� of its housing stock. Likewise, it will not permit the rental housinq stock to fall below 45�. � The "raw�� numbers for each criteria have been reviewed by staff and no discrepancies were found, except that the County Assessor's Office indicates that 87� rather than 90� of the owner-occupied units are below $115,000 in value. The Southwest Quadrant redevelopment will propose the "life cycle" criteria because there wi11 be a net increase in non-single family detached housing units. The density criteria would only be affected if the City amended its zoning ordinance to increase the minimum lot size for single family detached housing and multiple family housing. The current ordinances as written meet the standards, and should not be amended. After this agreement is submitted to the Metropolitan Council, an implementation strateqy must be adopted by the City prior to June 30, 1996 to prove how t2ze housing criteria will be maintained. Staff will submit a recommended document to the City Council within the next four to five months. Recommendation Staff recommends the City Council adopt the Housing Goals Agreement as attached and authorize the Mayor to sign the agreement. BD/dw M-95-583 2.01 1 '7 HOUSING GOALS AGREEMENT* METROPOLITAN LIVABLE COMMUNITIES ACT PRINCIPLES The city of Fridley supports: 1. A balanced housing supply, with housing available for people at all income levels. 2. The accommodation of all racial and ethnic groups in the purchase, sate, rental and location of housing within the community. 3. A variety of housing types for people in all stages of the life-cycle. 4. A community of well-maiatained housing and neighborhoods, including ownership and rental housing. 5. Housing development that respects the natural environment of the community while striving to accommodate the need for a variety of housing types and costs. 6. The availability of a full range of services and facilities for its residents, and the improvement of access to and linkage between housing and employment. GOALS ' To carry out the above housing principles, the City of Fridley agrees to use benchmark indicators for communities of similar location and stage of development as at%rdable and lif�cycle housing goals for the period 1996 to 2010, and to make its best efforts, given market conditions and resource availabitity, to maintain an indez within the benchmark ranges for affordability, life-cycle and density. To achieve the above goals, the City of Fridtey elects to participate in the Metropolitan Livable Communities Act Local Housing Incentives-Program, and will prepare and submit a ptan to the Metropolitan Council by June 30, 1996, indicating the actions it will take to carry out the above goals. The City will maintain its housing sCock so as to not fall belaw the laaest % in the benchmark range. CERTIFICATION Mayor 2.�2 Date POLICE DEPARTMENT City of Fridley MEMORANDIIM Minnesota TO: William W. Burns� n� � FROM: Dave Sallman � � 3UBJECT: Pawn Shop Ordinance Revision DATE: November 21, 1995 Attached is the proposed ammended Pawn Shop Ordinance (Chapter 31). My memo from November 8th, 1995 hiqhliqhted the chanqes and reasons that make the chanqes necessarp. We would also propose chanqinq the licensinq fee in Chapter 11 for Pawn Shops from $8,000 to $15,000. This increase is reasonable as our history has shown that this is the real cost of our requlation and enforcement of a pawn shop in the City of Fridlep. The chanqe in Chapter 11 wili become effective when licenses are renewed on April ist. The investiqation fee of,$400 will remain the same. Ae are proposinq a first reading oa November 27th, 1995 and the seeond readinq at the December iitb, 1995 meetinq. It is my understandinq that it is not necessary to have a public hearinq for ammendment of this or8inance. 3.01 ORDINANCE NO. AN ORDINANCE RECODIFYING THB FRIDLEY CITY CODS, CHAPTER 31, ENTITLED "PAWN SHOPS," BY AMSNDING SBCTIONS 31.06, 31.11, 31.12, 31.13, AND ADDING NEW SLCTION 31.14, AND REPtiJMBLRING TEiE REMAINING 533CTIONS CONSECUTIVELY, AND AM£NDING CHAPTSR 11, "GENERAL PROVISIONS AND FESS" The City Council of the City of Fridley does hereby ordain as follows: 31.06. GRANTING LICENSE5. 1. At the time of making an initial or renewal application, the applicant shall, in writing, authorize the Police Department to investigate all facts set out in the application and do a personal background and criminal record check on the applicant. The applicant shall further authorize the Police Department to release information received from such investigation to the City Council. 2. Each license shall be issued to the applicant only and shall not be transferable. 3. Each license shall be issued only for the premises described in the application and shall not be transferable to a different location. 4. No change in ownership, control or location of a license shall be permitted except by amendment to the license which amendment must be approved by the City Council. • . - �� -- - - .- -. • �- � - . • • _�. •- • -} • ��.. -� _��__ -.�_ • �}- _ • `.,_ _�• . - - . _ . _ _ - � _ - 31.11. CONDITIONS OF LICENSSS. 1. Records. Every license, at the time of receipt of an article deposited, left, sold, purchased, pledged or pawned, shall immediately record, in •��rl�e�e�t��e��}��e�� e� e��e� �e�il��e ---�r �he manner prescribed by the citv, the following information: A. An accurate description of the article, in English; a� any and all numbers written, stamped, impressed or engraved thereon� anx identifying marks; �_��'�=_ -:•'_�L an the name of the� manufacturer and model if ��e �.a�: � indicated on the article. B. The amount of money loaned upon or pledged therefor. C. The date, time and place of receipt of the item. D. The full name, �e�}�e�ee -�-� date of birth, current address of residence current telephone number if posseGsed and � reasonabley accurate description of the person from whom the item was received including at a minimum sex height weic�ht and race 3.02 E. The identification number from one of the following forms of identification of the person from whom the item was received-_ (1) A valid Minnesota photo driver's license; r,Zr (2) A valid Minnesota photo identification card; e� -F-3-}—� v��e��c��e ��e��€�ea��e� �9s�t�e�-��I�e��a�e e€ --_�_a_---_. r ---� 6� ��3e nr�x�a±�n �T_�� .7.=� 4L.� ��... ..�� ? ��? _�� e'�'�-41 ��L�LTf.CE�i'ZLZCIr 2. Disposition of Articles. When any article is sold or disposed of by the licensee, the records shall contain an account of such sale with the date thereof, interest and charges accrued, the amount for which the article was sold and =�--`=r�--" -- full name, current address and telephone number of the person to whom sold. 3. Inspection of Records. The records referred to in this section shall be open to the inspection of the police officers at all reasonable times and shall be retained by the licensee for at least four (4) years. 4. Receipt. Every licensee shall deliver to the person pawning, pledging, selling, leaving or depositing any articles, a certificate numbered to correspond with the � ��e licensee's records. The certificate shall contain the substance of the e�� record, 5. Reports to Police. � Every licensee shall prepare and deliver to the ��i:_ ��`_=� ^`_=_==_= Citv, e�e� each day1 �€s�e ��:ee-��, ex €e�s in the manner and form prescribed by the City, a legible, correct and complete ee��-€�ett�t�e-�� record of the hereinbefore required, a�te� e��tte a3�ee��ee� account of all personal property or other valuables received, deposited, purchased, pledged, pawned, sold or otherwise disposed of during the preceding day. �'�ie-�e�e?�t; �-a '=�_°'-'"--" . - -r ------ �a�•�-�e-e�g�e��-e�e��c�ee�, t�e�se�r-��e-pe�sea-�lc��g��e �epe��-�-�� e �a�e��ec�e�---t�e�s--e��e�wi.�--eli�e��e�-i-�,f�-��=��--��z n..F..a.�. T.'. �.. ...a-.� _____�l __�`��..`. 6. Exceptions to Reports. No �e�se� licensee shall be required to furnish descriptions of any property purchased from manufacturers and wholesale dealers having an established place of business or of any goods purchased at an open sale from any bankrupt stock or from any other person doing business and having an established place of business. Any goods referred to in this section must be accompanied by a bill of sale � other evidence of open or legitimate purchase and must be shown to the Police Department when demanded. 3.03 7. One Hundred Twenty-Day Redemption Period. Any person pledging, pawning or depositing an article of property for security shall have a minimum of one hundred twenty t120) days from the date when the loane� or pledge becomes due and payable to redeem the article before the article becomes forfeitable. 8. Minimum Period Before Redemption or Sale. No �� article of property on deposit with any licensee nor property purchased by or sold to, or in any other ways coming into the possession and under the control of any licensee in the due course of business, shall be permitted to be redeemed from the place of business of the licensee for a period of seventy-two (72) hours, nor shall the property be sold within ten (10) days� after the eeg��a �~-�---�� record required to be delivered to the ��e ^_—�€=`� �� it has been delivered. ,� Storaae of Items. All articles of proAert� beina held �ursuant to the above Gections must be sto ed. on the licensed premises Oversized items mav be stored in par]cing lots or other outside areas of the licensed proper y p��vi�e� however such outside area is �nclosed bv fencinq or other effective means acceptablP to the City desicLned to �revent •ingress bv unauthorized persons Fences shall conform to the r�quirements of Ordinance 213 relating to fences ��. Police Restrictions on Sale- or Redemption. Whenever ��-F�� =�1 ^'_�_===: any police officer, acting in the course and sco�e of his or her duties, shall notify a� licensee not to sell or permit to be redeemed any articles of pronerty received on deposit or purchased by the licensee, the articles shall not be permitt�d to be redeemed or sold until such time as may be determined by the Public Safety Director or his designee. 6�e� ....: �: ��1. Payment by Check. Payment by licensee for any article deposited, left, purchased, pledged or pawned shall be made only by a check, draft or other negotiable or nonnegotiable instrument or order of withdrawal which is drawn against funds held by a financial institution. �12. Posting License. All licensees shall post their licenses, in a conspicuous place, in the licensed premises under the licensed activity. 3-�13. Responsibility of Licensee. The conducti of agents or employees of a licensee, while engaged in performance of their duties for their principal or employer under such license, shall be deemed the conduct of the licensee. 3.04 3�14. Penalty for Property Owner. It is unlawful for any person who owns or controls any real property to knowingly permit it to be used for pawnbroking without a license required by this Chapter. 31.12. RSSTRICTSD . TRANSACTIONS. 1. No licensee shall be open for the transaction of business on any day of the week before 7:00 a.m. or after 10:00 p.m. 2. No licensee shall purchase� acceAt or receive pe�se�a� anv article of property, , from any minor. � No licensee shall Burchase, accept or receive any article of property which contains an altered or obliterated serial number or any article of propertv whose serial number has been removed. . - -- . �- - -. . - - - - . . ..- . �• • �• - . . �s. �. �- - . . ..- -� �.- -. . - - - . �- . _,.. - . � - . - � - - t'--� - - • • � - � .. - - � _ � - • • � - � - • y{{ . � - • • • • • ' - - • - - � • - - ' - � - • � • � ' • � - • S, • • _ � • - • � • � • , • � - • � � • � - - • • - • - • - • • � - • ' - ' • - - • • - ' ' - • • • � ' • �- • • S.- �.• •• f-� •�- • �- • • �• •t��' • • - _ • � • ' • ' • � �1, g valid Minnesota �hoto driver's license: or � � valid Minnesota 8hoto identification card. . . - . . .- .� .- -. _. - 31.13. INSPSCTION.. 1. Stolen goods. Any licensee shall, at all times during the term of the license, allow any police office to enter or inspect the premises, where the licensee is carrying on business, and all records pertinent to the operation of the business for the purpose of locating gee�s articles of Bropertv suspected or alleged to have been stolen. No licensee shall conceal any article in his possession from any police officer. - • • •�- •- -_ii !-• �� .� - •. •.� • •- • -�. IS.- �- - -• . ^ • - � - _ • " -.�._ -- _• . � �� _ _ - • -_ - • - �� • �.- -� � - -- • ' • • _ - � - � • • � . • � . � ' • - . 1 ' 3.05 No licensee mav obstruct hinder or otherwise interfere with any police investiQation concerning stolen articles of property discovered on the licensee's �remises. A licensee must report to the nolice department any article of property pawned or received or souaht to be pawned or received if the licensee has reason to believe that the article of property was stolen or lost 2. Inspection by Claimed Owner. All ges�s, `aa�es—e�—et�e� me�e�a��se articles of propertX coming into the possession of any licensee, under the terms hereof, shall at all times be open to inspection and right of examination of any person claiming to have been the owner thereof or claiming to have had any interest therein when such person is accompanied by a police officer. 31.14. CONDUCT OF PERSONS.ON LICENSSD PREMISES 1. No person may pawn pledge sell leave or deposit anZr article of propertX not their own• nor shall any nerson Bawn pledge sell leave or deposit the property of another whether with permission or without• nor shall any berson pawn, pledae. sell, leave or denosit any article of propertY in which another has a security interest- with anv lic nsee ?. N9 minor may �awn oledge sell leave or deposit any article of property with any licensee. j I�To person may uawn �ledge sell leave or debosit an article of property with a lic�nsee without first presenting identificat-ion in the form of a Minnesota photo drivers license or Minnesota photo identification card o the licensee. 4� All licensee's shall by ade�uate si nacie and senarate written notice inform persons seekina to vawn �ledge sell leave or deposit articles of property with the licensee of the foregoing sections For the purposes of this section "adevuate signage" shall be deemed to me n at least one sign of not less than four (4) sc;uare feet in surface area com� ised of lettering of not less than 3/4 of � inch in height �osted in a conspicuous place on the licensed �remises and stating substantially the followina TO PAWN OR SELL PROPERTY: YOU MUST BE AT LEAST 18 YEARS OF AGE. YOU MUST BE THE TRUE AND CORRECT OWNER OF THE PROPERTY THE PROPERTY MUST BE FREE AND CLEAR OF ALL LAIMS OR LIENS YOU MUST PRESENT A MINNESOTA PHOTO DL OR ID CARD VIOLATION OF AI3Y OF THESE REOUIREMENT IS A CRIME 3.06 For the �urposes of this section ��se�arate written notice" shall be deemed to mean the certificate hereinbefore reauired to be delivered to the person pawning pledaing selling leaving or depositing an article of groperty with a licensee• incorporating a statement to the effect that the person pawning pledging selling leaving or depositing the article is at least 18 years of age; is the true owner of the article• and that the article is free and clear of all claims and liens• and requiring a signature of acknowledgment by the person pawning pledging selling leaving or depositinq the article as to the statement. 5. No person seeking to pawn. pledge, sell, leave, or deposit anv article of propertv with a licensee shall give a false or fictitious name• nor give a false date of birth• nor�ive a false or out of date address of residence or telephone number: nor present a false drivers license or identification card• to any licensee. 11.10. FE$S. Section 11.10, "Fees" is amended to include the following Pawn Shop fees: CODE SUBJECT FEE 31 Pawn Shops $�6�-9 515, 000 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY TAIS DAY OF , 1995. ATTEST: WILLIAM A. CHAMPA - CITY CLERK First Reading: Second Reading: Publication: WILLIAM J. NEE - MAYOR 3.07 TO WILLIAM W. BURNS, CITY MANAGER ,�r�� FROM: RICHARD D. PRIBYL,, FINANCE DIRECTOR SUBJECT: 1ST READING OF ORDINANCE TO CHANGE STORM WATER RATE DATE: November 20, 1995 Attached is the Ordinance to recodify the Fridley Cify Code Chapter 216, Entitled "Storm Water Drainage Utility" by amending Section 216.04. RDP/me Attachment 4.01 ORDINANCE NO. AI� ORDINANCE RECODIFYING THE FRIDLEY CITY CODE CHAPTER 216, ENTITLED "STORM WATER DRAINAGE UTILITY" BY AMENDING SECTION 216.04. The City Council of the City of Fridley dces ordain as follows: 216.04. STORM WATER DRAINAGE FEE For the purpose of calculating storm water drainage fees, all developed one family and duplex parcels shall be considered to have an acreage of one-third (1/3) acre. The quarterly storm water drainage rate c'��„'�° ��?� �°r ^..°-�'��Y �°-� D�� -�° shall be set bv Council Resolution. PASSED AN ADOP'TED BY THE CTTY COUNCIL FOR THE CITY OF FRIDLEY THIS DAY OF DECEMBER, 1995. ATTEST: WILLIAM J. NEE - MAYOR WILLIAM A. CHAMPA - CITY CLERK Public Hearing: November 13, 1995 First reading: Second Reading: Publication: 4.02 � TO: WILLIAM W. BIIRNS, CITY MANAGER ��" ,� FROM: RICHARD D. PRIBYL� FINANCE DIRBCTOR HOWARD D. ROOLICR, ASSIBTANT FINANCE DIR$CTOR SIIBJECT: RE$OLUTION ON CIiANGE FIINDS DATE: November 9, 1995 The attached resolution consolidates all of Council's previous actions on change funds as well as approves an increase of $100 in the change fund at the front counter. The front counter change fund needs to be increased to allow for a second cash drawer that will be used on Tuesday nights when we are open until 7:00. Good internal controls include a separate cash drawer for the evening cashier/receptionist. If you have any questions or need additional information, please feel free to see either me or Howard. 5.01 � � RESOLUTION # -. 1995 A RESOLIITION CONFIRMING THE AMOUNTS HELD IN CHANGE FIINDS WITHIN THE GENERAI� FIIND AND MIINICIPAL LIQIIOR FIIND. WHEREAS, the City maintains change funds in the Municipal Center and both Municipal Liquor stores in order to provide change for customers as well as provide petty cash for minor expenditures, and WHEREAS, it is in the best interest of the City to increase the change fund in the Municipal Center by $100 to provide for a second cash drawer that will allow better cash controls, and WHEREAS, change funds are needed by the cashier, recreation department and both liquor stores. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Fridley hereby confirms the following change fund locations and amounts: Cashier/Receptionist Desk $450 Recreation Department 50 Total General 500 Liquor Warehouse 2,300 Liquor Annex 2, 000 Total Liquor 4,300 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS _TH DAY OF , 1995. ATTEST: WILLIAM J. NEE - MAYOR WILLIAM A. CHAMPA - CITY CLERK 5.02 CITY OF FRIDLEY M E M O R A N D II M TO: WILLIAM W. BIIRNS, CITY MANAGER FROM: RICHARD D. PRIBYL, FINANC$ DIRECTOR WILLIAM A. CHAMPA, CITY CLERR SIIBJECT: MINNFSOTA LAWFIIL GAMBLING PREMISES PERMIT APPLICATION FOR SPRING LARE PARR LIONS DATE: NOVEMBLR 22, 1995 Attached is a resolution approving the application for a Minnesota Lawful Gambling Premises Permit for Spring Lake Park Lions at Longhorn Grill & Bar, 7850 University Avenue Northeast. This would be Spring Lake Park Lions� second premises permit issued for lawful gambling in Fridley. Minnesota State Statutes requires the adoption of a resolution approving or denying any type of gambling permit. 6.01 RESOLIITION N0. - 1995 RESOLIITION IN SUPPORT OF AN APPLICATION FOR A HINNESOTA LAWFUL GAMBLING PREMISES PERMIT TO SPRING IAKE PARK LIONS WHEREAS, the City of Fridley has been served with a copy of a Premises Permit Application for a Minnesota Lawful Gambling Premise Permit for Spring Lake Park Lions; and WHEREA5, the location of the Premises Permit is for Longhorn Grill & Bar, 7850 University Avenue Northeast; and WHEREA5, the City of Fridley has not found any reason to restrict the location for the charitable gambling operation. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley approves the Minnesota Lawful Gambling Premises Permit to Spring Lake Park Lions. � PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1995. ATTEST: WILLIAM A. CHAMPA - CITY CLERK 6.02 WILLIAM J. NEE - MAYOR �` � CfiY OF FR(DLEY GAS SERVICES Rush Heating & Sheetmetal Inc 49040 Acacia Tr Stanchfield MN 55080 ��CEl��S James Dellwo C�ENERAL CONTRACTOR-INDUSTRIAL Almquist R E Construction Inc 514 N 3 Street Minneapolis MN 554Q 1 Dick Almquist Building Environments Inc 9979 Valley View Rd Eden Prairie MN 55344-3596 Domino GA Construction Inc 2715 Patton Rd Roseville MN 55113 Steve Swanson Gerry Domino Innovative Building Concepts Inc 849 W 80 St Bloomington MN 55420 Raymond Kangas GENERAL CONTRACTOR-RESIDENTIAL BWE Construction Company (NONE) 476 Hawthom Rd Lino Lakes MN 55014 Bruce Emerson RON JULKOWSKI Chief Bldg Ofcl RON JULKOWSKI Chief Bldg Ofcl Same Same Same RON 3ULKOWSKI Chief Bldg Ofcl Exterior By Wendell(20025845) 403 Andall St Lino Lakes MN 55014 Steven Wendell STATE OF MINN Innovadve Building Concepts Inc(20007950) � 849 W 80 St Bloomington MN 55420 � Raymond, Kangas . Same $.�2 1 Stewart Company (5204) 3019 Russell Ave N Minneapolis MN 55411 HEATING Belle Engineering Inc 6823 Hobson Valley Dr Woodridge IL 60517 Cheyenne Plumbing & Heating Inc 18300 Uplander St NW Cedar MN 55011 Rush Heating & Sheetmetal Inc 49040 Acacia Tr Stanchfield MN 55080 PLUMBING Haas Plumbing & Heating 4843 160 Ln NW Andover MN 55304 Oak Grove Mechanical 7236 Oak Grove Blvd Richfield MN 55423 Vil��ge� Plumbing 2999 Yorkton Ind Blvd Lit#Ie Canada MN 55117-1072 Mike Stewart Daniel Wagner Philip Cottrell James Dellwo Carl Haas Douglas Wa11er Mark Aidridge : 1 � Same RON JULKOWSKI Chief B1dg Ofcl Same Same STATE OF MIl'�1� Same Same Tax Increment District #14 November 21, 1995 Page 2 early, or the City may want to keep the district until 2006 because an additional $100,000 of tax increment could be generated for other Authority expenses. The HRA not only receives tax increment from the project, but also receives the interest amount on the loan repayment. Because this is an Economic Development District, the amount of captured increment decreases as the district ages. State law requires that the "base amount" increases each year. This means that an increasing amount of taxes will be returned to the County and school district beginning in 1999. Process In order to create a tax increment district, the City Council must pass a resolution authorizing creation of the district after holding a public hearing. Of what would be 14 districts, two districts have expired (#4 and #5; the Johnson and Paschke districts), and District #8, the Shorewood district, will be retired in 1996. "But For" Test Site preparation costs like soil correction and utility relocation costs are eligible expenses for TIF assistance. _ Because of the site's unusual soil conditions, extensive work is needed to make the site buildable. These types of projects have been completed in the north industrial area (TIF #3j for Sam's Club, the Agro-K project, and some of the Paschke office/industrial developments. LGAIHACA Loss? Under the recent amendment to the TIF statutes, the City may elect to avoid the LGA/HACA loss by electing to make a"3.oca1 contribution" of 10$ of the tax increment. The LGA/HACA loss is predicted to be $182,468 over the life of the district. The local contribution amount equals $52,653 over the life of the district for a savings of $129,815. The local contribution may come from unrestricted revenue of the City or the HRA. In this case, the HRA has adequate non-restricted revenue sources to act as the source for the contribution so that the City's resources will not be affected. Recommendation Staff recommends Approval of the 1995 agenda. BD/dw M-95-582 the City Council conduct the public hearing. resolution will be scheduled for the December 11, 9.02 INDUSTRIAL EQUITIES L.L.P. Development and Investments TEL 612 591 0892 1660 South Highway 100, Suite 536W, Minneapolis, Minnesota 55416 FAX 612 591 1383 October 19, 1995 Ms. Barb Dacy Commi�nity Deveiopment Director City of Fridley 6431 University Avenue NE Fridley, MN 55432 � -_< : . r�A As you know, Industrial Equities has a preliminary interest in developing the 6.8 acre Northco Business Center site that is located at 73rd and University with a speculative multi tenant 88,000 square foot business center. Because this site has significant soil correction and utility relocation issues our current and future interests must be contingent upon establishing a reasonable �ax increment and finaneing district that is consistent with the plans that have been discussed between Northco, 7ames Casserly and the City. Without soil correction and utility relocation assistance this project, like others considered before it, cannot proceed, and the future development is quite unlikely. Based on our discussions and your previous discussions with Northco, it appears that the HRA and the City Council will favorably consider establishing a taJC increment finance district for this site. Accordingly, I have developed preliminary project designs and made the required applicatians to the City and Rice Street Watershed District to allow for the sites preparation and conection. As I understand it, the District cannot be formally established prior to December 12, 1995. However, assuming the City would support this proposal, Industrial Equities would like to do preliminary site preparation prior to that date so as to allow for construction through the winter. This site preparation would include onlX tree removal and general site grading that would allow for specific soil correction and preparation for the importing of the required select material to correct and raise the elevation of the site after the approval is granted. Unfortunately, if this early access is not possible, site grading must be delayed until late April of 1996, and construction completion will be delayed by over five months. Barb, if T.I.F, is not going to be available on this project we clearly do not want to get out in front of the headlights and invest any more dme or money. However, if the City supports this project, we would like to take the allowable steps which would bring this project on line in the Spring of 1996. 9.03 � Ms. Barb Dacy October 19, 1995 Page 2 Industrial Equities is enthusiastic about the possibility of developing this project in Fridley because businesses like doing business in Fridley. The City works for both the employees and the employers. You have virtually no vacancy but you have no expansion space to expand your existing companies much less attract desirable new employers. Industrial Equities believes a high quality energy efficient business center could fill this void for both Fridley and businesses in the City. I look forward to discussing in greater detail with you the HRA and City Council's response to this request. Tf �O',: �:�:'e �^..`� .^��ac*10335� k1!1�!� �e net hesi!?te ±n 2�v1SS. Yours very truly, �� j � 7ohn N. Allen JNA/gw 9.04 �1�`��-�� LHS��LY MULZHHN SECTTON XV 1db Pb3 NUV 15'y5 12:22 TAX INCREMENT FINANCING PLAN FOR TAY. INCREMENT F�NANCING DTSTRIC�' NO. 14 {FRZDLEY BUSINESS CENTER) Subsec�ion 15.1. Statement of Obiec�ives. See S�ction I, Subsection 1.5. Sta�ement of Objectives. Subsec�ion 15.2. Modi�i�d Redsvelopment Plan. See Section I, Subsect.ions �.2. through 1,7.5. Subsection 15.3. Parcels �o be Tncluded. The boundaries o� Tax zncrement Financing District No. 14 are described on the attached Exhibit xv-A and illuatrated on Exhibit XV-B. Subsection 15.4. Parcels in Acguiaition. The Authority may pYablicly acquir� and recanvey any or a11 �f the parcels in Tax Increment Financizig D].s�rict Nn. 14 �dentitied on the attached Exhibit XV-A. The fo�Zowing are �ondita.ons under which properties no� designated to be a�c�uired may be acquired at a future date: (1� The City may acquire property by gift, dedicatian, • condemnatian or di.rect purchase from wil.ling sellers in order �o a�hieve the ob�ec�ive� of the Tax Increment Financing Pian; and (2) Such acquisition wiYi be undertaken only when there is assurance of funding t4 finance the acquisition and relat�d costs. Subsec�ion 15.5. DeveloAment �cti.vity for which �n�_racts have been S�.crned. As of the date of adaptiian of the Tax Increment F�nancing Plan, the City intends to enter into � Dev�lapment Agreemen� with Tndustxial Equiti�s L.L.P, for the activities discugsed be�.ow. Subs�ction 15.6. Specific Develoument Ex��cted � Occur. At this time it �s anticipated that an approximate 88,000 square f�ot office/manufacturingfwareYzouse �acility with an estimated market v,alue o� $2,521,564 wzll be constructed in Z996. Subsection 15.7. Prior Planned Icnprovementa. �'he Authority �ha1�, after due and diligenti search, accompany its request �or cer'tYfication to the Coulri�y Audiior or its notice of dis�riC� en�arg�ment with a listing of alI pxoperties within Tax Increment Financing Diatxict No. 14 for whzch bui].ding permits have been issu�d dur�.ng the Eighteen (18) month� immedzately preceding zs-i 9.05 �1!-�;.�4-�:�:t�� :F-i:��:�1-:L1` f`i�JL�hiHN 11J� F-'�14 approval of the Tax increment Financing Plan by ih The county 1�uda.tor shall increas� the �riginal tax Tax IncrEmen�. Financing Dist�ict No. 7.4 by the tax each improvement for which the building permit was said lasting does not accompany the a�orementioned no�ice, the absence of such la.sting sha12 indicate �1.uditor tha� no buiXding permits were issued in the mdnths prior �o the Authority's approvaX of the Tax �'inancing ��an. NIJV 1b' S5 1�= 23 e Authority. capacity o� capacity of i�sued. If reque�� or �o the Couxxty eighteen (18) Tncremen� Subs�Ction 1�,8. Fiscal Disparities. The Caux�cil hereby elects the methad of tax increment Computatipz�; se� forth in Minrzeso�a Statutes, Section 4&9.177, Subdivision 3, clause (a) if and wh�n comme�c9,alJindustrial development occurs wi�h Tax Tncremen,t Financing bistxa.c� No. 14. Subsection 1.5.9. Estimated P�ublic ��nnrovemen� Casts. The esta.mated costs associated witih Redevelopment Project No. �, are listed in Sectivr�, I, Subsections �., 9 and 1.10 . Subsection 15.10. Esti.mated Amount of Bond,ed Ind�btednees. It zs an�icipated that $900,000 of banded indeb��dness cauld be incurred with respect ta this poxtion of Redevelopment Project Nd. �. Pux�suant �o M'innesota Statutes, Sectiort 469.178, Subdivision 1, General Obligation Tax Increment Bands may be used as required to amortiize the costs identified in Sec�ion T, $ubsec�ions 1.9 and 1.10. The City reserves the right to pay �or al�. or part of the ac�ivi�ies listed zn Sec�ion Y, subsections 1.9. and 1.10. relating to Redevelopment Project No. 1 as tax incremen�s are generated and become avaiJ,able. Subsectian �5.11. Sources of xevenue. The cdats autlined in �ection I, subsectic�n 1.9, will be� financed tl�trough the annual ca�.lectian of tax �.ncrements . subsection 15.12. Estima�ed Original and Cap�ured Tax Capacities. The tax capacity af all taxable prop�rty in Tax Increment Financing District No. 1.4, as most recen�ly cer�ified 1oy the Commissioner of Revenue of the State of Minnesata on January 2, 1994, zs estima�ed to be $24,697. The estiimated captured tax Capacity of Tax Increment Finan.cing Distric� No. 14 upon completion af the proposed zmprvvements on J"anuary 2, 1997 is estimated to b� $91,295. Subsec�ion 15.14. Tax Zncrem�nt. Tax �ncx�ement has been calculated a� approximately $�Q3,895 upon comple�ion of the improvements assumi.ng a s�atic tax capac�.ty rat� and a vaZua�ion increase of zero percent (0�} compaundec� annually. Subsecti,on 15.13. Tax Capacity �tate. The current tota7. �ax capacity rate Ys 113.ap1o. 15 - 2 9.06 �J1G- �J'Y-JJ�� i�1-15��F�LY ("IULLHHN 7.t�b Ni�� NUV 16' �5 1c= �4 Subsection 15.15. Type of Tax Incremen� �'inancinu Dis�rYCt. Tax Increment Fin;ancing Distx�ic� No. 14 zs, purguant to MinneBQta Statutes, Section 469.174, an Economic Development Diatrzct. Subsection 15.16. Duration of Tax Increment Financizr.q �?strict. The duration of Tax Increment Fin.ancing D�,st�ict l�o. �.4 is expected to be nine (9) years from r�ceipt o� the first tax increment or e�even (11) yeaxs from d��e of appro�ral, whichever is leas. The date of xeceipt of the fi�st tax increment is eatimated�tio be July, 1998. Thus, iti is estimated that Tax zncrement Financing District No. 14, including �ny modi�rcations for subsequen� phases Qx other changes, would �exmina�e in the year 2006. Subsec�.i� Jux'isdictions jurisdicti.ons a the crea�ion af construc�ion is is $0 to ather fi8cal impact o fact that the t aseistance af t estimated impac th� ��but for" t n 1S.].7. Estimated Imp�ct on Other Taxina The estimated impact on other taxing ssumes construction would have occurred withou� Tax zncrement �a.nancing Distxi.ct No . 1�4 . If the a result of tax ].riCTemBnt �inancing, the impact entities. Notwithstanding �he fact that tihe n the other taxing jurisdictions is $0 due to the inancing wauld not have occurred wi�hout the he City, the attached Exhibit XiT-E reFlects the t of Tax Ir�crement Finan.cing District �To . 14 if eat was not met, Subsection 15.18. Elect�.on o� Citv Contribution. The Council hexeby elects a qualifying 7.ocal contributivx� equal to �� ten percent {10.00%} o� the ta�c �.ncrement generated fram Tax Increment �inax�,cing District No. 14, as se� for�h in 1995 MinneBOta Laws, Chapter 264, Article 5, Section 6, Subdivision 6 i Cl) . Subsection 15.19. Modifa.catian o£ Tax Increment Financina Di��xict and or Ta� Increment F�nancinq Plan. As of December 11, 1995, no modifica�ions to Ta�c Increment Fi,nancing Distri,ct No. 14 or the Tax zncrement Financing P1an therefore ha� been made, said date being the dats of ini�ial approval and adoption the�eof by the City Counc�l. 15 - 3 9.07 � 1�-��4-JJ7�� t.,HS`.�KL Y 1'`I�JLGHHf�I 14Db t1t�t� NUU 1 E� '�J- j 1 d= 24 EXHIBIT Xil-A PAKCELS TO BE INCLUDED ZN TAX TNCREI�IENT FYNANCING DTSTRIC'I' NO. 14 AS ORIGINALL'Y ADOPTED D�CEMBER 11, 1995 PTN 11-30-24-31-000$ PIN' 11-3Q-24-31-007.8 XV-A-1 . � . 612-334-3382 CAS�ERLY MOLZAHN " ��xlsrT rv-s Boundar� Map �� `� . � � � � �. � . � iii � � . 1 � . C� � : Vf : -»� �� .�, �Inivcrslt� Avenue K.� � � � � �� 1�6 P�? NUV 16'95 12:25 ! � t �� i� � � � � t � � � i �` i � i � i t�o � � . � � � � �� . t� � � . r� � � ao - �_ ____—, �v-�-2 9.09 � � � �, .� � � � �-�-.��•�--JJLL ��-F-i:=:�:�N-.Ll' f'"IUL�HHN EXHIBIT XV - C l�b I-'t,u NUV "lb' `�i� 1�: �� CASH FLOW ANA�YSIS Origina! Estimateci Captured EsNmated Less Availabie Per{nd Tax Tax Tax Tax Admi� Tax Ending Capa� Ca aci Ca aci Increme�t F�es increment � 210� /ss . 06/Oi /96 12JD1 J96 061U1/97 i 2/oi�s� 06/01/�8 12/U1/88 U6/Qi(99 12/09/99 as�o��000 i 2/01/2000 06/01 /2001 t 2/01 /2001 U6/01 J2002 � 2/01 /2002 06/01/20a3 12/p i /2003 06/01 /20Q4 � 2/of /2ob� as�a�lzoo� i 2%01 J2405 06/01 /2006 12i01 /200fi 2a,ss7 28,642 28,642 33,217 33,217 38,523 38,523 44,677 4�,677 51,813 51,813 so,oss 60,U89 69,687 69,637 80,819 80,819 93,728 93,728 � os,�oo i 08�700 126,062 i 26,Q62 24,ss7 28,642 28,642 115,992 115,992 115,992 115,992 115,992 115,992 115,992 1 i 5,992 115,992 115,992 1 i 5,992 115,992 1 i 5,992 115,992 '!'I 5,992 115,992 115,992 115,992 i 15,992 115t992 0 0 0 0 0 0 0 0 0 0 0 p a o 0 0 � 0 0 O 82,774 47,099 9,42p 37,679 82,ii4 47,099 9,a20 37,679 77,489 44,080 8,816 35,264 97,469 44,080 8,8'! 6 35,264 71,315 40,579 8,1f6 32,463 �i,S15 4Q,5i9 8,116 32,463 64,179 36,518 i,3d.4 29,294 64,i 79 36,518 7,344 29,214 55,903 31,809 6,362 25,447 55,903 31,809 6,362 25,447 46,304 26,347 5,269 2'1,078 46�304 26,347 5,269 21,Q78 35,173 20,014 4,003 16�Q11 35,773 20,014 4,OQ3 16,011 22�264 12,fi68 2,534 10,i35 22,264 12,688 2,�34 10,135 7,292 4,148 830 3�320 7,292 4,149 830 3,320 526,527 105,305 421,222 �.�� 1 G 1�-��J'��.JJ�L LHS�•Ci-�LY ("IULGHHN '1►�t-i FJ�'� NUV 1 b''�5 1 c=�� ocHis� xv - c PAY 1990 MARKE7 VAL.UE 1 � —30-24-31-0008 11-30-24-31-0018 PAY 1995 MARK�T VAtUE 11-30-24-31-0008 11-30-24-31—�018 ESTIMATED ECONOMIC FACTOR ORIGfNAL TAX GAI'ACITY �STIMATED MARKET VALUE �$TIMATED TAX CAPACITY E$TtMATED TAXES PAY i 995 TAX RATE 1996 C�NS7RUCTION 1997 VALUATlON 1998 TAXES PAYABLE ADM1N/f'HOGRAM FEES PV RAi"E �NFLA7l�N ALLEN DEVELOPMENT ASSUMPTIONS 88,000 SF $8,000 SF 06/01/9fi �: �' 2 � 135,200 163,300 223,2Q0 313,700 4.6Q0% 28.ss !S� 4.6pb% 1.Sa !SF 1,13801 20.000% 8.500% 0.000% 298,500 536,900 1.160 24,697 2,5�1,564 115,932 132,000 ��.H`��.C►-'L'i I`IIJLGHHf�J 1�b t-'1✓J NU'J '1b' �� '1�: �O �XHIBZT XV-D 'r BUT FOR" ANALYS I S The twa parcels located withir� the proposed Tax InGrementi Financin� Dis�ric� are located in an area the City has been attempting to redevelop for the past several years. Previous eFf�rts to redevelop tihis area have been unsuccessful, however, due to �he signifi�ant soil correction and utilitx relocatian costs required to render the parcels buildable. The City feels that because �hese parcels have ndt developed in the past due to the significant soa.ls correction and prepar�tian costs, the use af TiF Assis�ance is necessary �a help the proposed projec� proceed. In addition to creating beCween 8fl and 150 additional �mp7.oymen� opp�rtunit�es, this redeveZopment will pxovide an additional $2,z23,Q64 in market value to the Ca.ty's tax b�se. XVTD-1 9.12 I' I�JI._GHI-if4 �xH�s�T xv-E lV+JU lr = �-� 1�= Gb ESTIMATED lMPACT OF TAX lNCREMENT FlNANClNG D1STRiCT NO. i4 IMPACT ON 7AX BASE QRIGINAL ESTIMA7ED CAPTURED DISTRiC�' 7AX TAX TAX TAX AS 9'0 ENTITY BAS� CAPACITY CAPqCITY CAPACITY dF TOTAl. City uf �ridfey 27,323,921 24,697 115,992 91,255 0.33�1.°� Caunty vf Anoka 146,47i,588 24�697 115,992 91,295 0.062°,6 fSt� #16 11,514,818 24,697 f 15,592 91,295 0.793% iMPACT ON TAX AATE TAX % O� TAX TAX RATE �NT1TY RATE TQTAL lNGREMENT lNCREASE Gity of Fridley 0.i6098 14.iSq6 14,697 0.0549b County of Anoka 0.92765 28,i996 29,913 0.020°6 ISD #14 Q.58566 51.4636 53,488 0.468%a OtF�er O.aG372 s.60% 5,817 �.1 S$Oi � 00.00°,�o i U3,$95 * Assum�s aonst�uction wauld have occurred withaut the creatian of a Tax tncrement Financing t7istrict. ff constrtuction is a result of Tax Increment Financing, the impact is $0. �" 1�3' V 1 L �.l J'i .l J V L � E�1�- ��a-�=�:��: C��;�:ERL`r P�GLZAHN 1�a� P1�� NC�V �1 °�� : 1� AS 1`'I�DZFIEb DEC�MBER 11, 1g95 TAX INCREMEN'I' FzNANCZNG DISTRTCT I�iO. 14 (FRIDLEY BUSINESS GENTEI2) Storm Sewer Re3ocatiox� Soil Cor�ectians includ�.ng removal of poar soils, import of clean fz1l, conatructzon of xetention ponds and construction ot 5 toa� retaining wal�. Administrative and Program Expense Total $ �4,000 $ �4�,000 $ 1Q5,000 S 690,�pp Maximum Estima.ted Bax�ded Indebtedness * $ g04,000 *'�his amaunt includes cap�ta�.�z�d �nterest in an amoun� su�ficient ta pay interest on th:e bands �rom the da�e of is�ue ur��i1 the da�e o� co7.lection af �uffic�.ent tax a.ncrement xevenues to mee� scheduled interest payments when due. Z - 20 9.14 vl�. ..J4 JJOG 61 �-3 � �-�.� .�� CA' �:EF�Lti' P9C�LZFiHtJ 1 1 � P� � t�lC7V � ' 1 ' �S 1 S = ��5 ClTY OF FRIDLEY, M1IVNESOTA ALLEN OEV�(.QpMENT ClIY CONTRI�UTION � LGAiHACA REDUGTION ESTIMATED { GlTY CONI'RlBUTIOPI ] CARTURED [ LGAMAGA REDUCTI�N j �'E��d T� SEMI GUM TAX SEMI CUM EN�}!NG INCREMENT BALANCE BALANCE CAPACITY BALANCE BALANCE 1�J01 J9S 0 0 p aslo,/ss a o 0 12/Ot /96 0 0 p O6/01/97 0 p d 12/Oi/97 0 0 0 06JO1J98 47,099 4,ii0 4,710 12J01/98 47,099 4,710 9,420 06/di f99 44,080 4,408 13,828 12/01/99 44,080 4,408 18,236 06/01 j2000 40,579 4,058 22.294 12/0�/200Q 40,579 4,058 28,352 06/01/2001 36,518 3,852 90,pp3 i2j0�!/2041 36,5i8 3,652 33,655 os�a� J2oo2 31, $09 3,181 36.8:36 12/Qi/20Q2 31,8a9 3,18f 40,017 06/tl1/2003 26,347 2,g3� q�,�2 12/0)/2003 26,347 2,635 45,286 06/01/2004 20,014 2,001 47,288 12/01/2004 20,014 2,OQ1 4.J,2gg 06/01/2a05 12,668 t,267 5p.566 12/01/2Q05 12,668 1,267 51,823 06/Of /2006 4,149 415 52,238 i 2JQ1 /2006 4,149 415 52,653 526,527 52,653 52,653 Ci11' Gt?NTRiBUTION 10.000% 0 0 0 v o Q 0 0 0 a o 0 0 0 0 82,774 i6,322 i6,322 82,774 16,322 32,644 77,469 15,276 47,920 i7,469 15,27& 63,196 71,315 1�,063 77,259 7i,3f 5 �4,063 91 �32i 64,179 i 2,655 i 03,977 64�179 12,655 1 f 6,632 55,903 11,�3 127,655 55,903 1 � ,023 138�679 46,304 9,131 147,8i0 46,304 9,13i 156,9Q�0 35,173 fi,936 163,876 35,i73 6,936 170,812 22,264 4,390 17b,202 22,264 4,390 179,.592 7,292 1,438 187 ,030 7,252 1,438 182,468 182,468 182,468 l.S.D. 14 SAL�S NATI� 99.60 I.S.D.14 T07AL RATE 39.2$ 9r 15 .EN2 PREPAREO BY CASSERLY MOL.ZAHN & ASSOCfATES, INC. 16-Niav-95 _ �* v/ � a � � LiJ s . ,--- : j�� ~'i � ��' _ � - `-� - �� .o. ;�..a. - � _� b - - � r `/ - � 1 �' � �� Z . . . �� 1 ;� ; O �I ! � � � � � -� � � .�,, �; J � , ,' �„� , � �� - �° � � i V `� f` .� � : E- aa � . . ��r, , ci � � _1 b � _� W . � E,- __; - �� : �'" � . . . - . . -.- - - _ -�x �° � _ � _ �_ F_ , . . � ' _� ,� x O ��s _� � - . . _ . . - ,` . .- J a � � �� - .- - .-� ` . . ° ' � ~ Q .`_— ' � �'i�.M M7� �J� Mrb �Y q W� � � � . . . _. . . - ' ♦ �i r�-. � � - � � 7.�i� ' � r�asisMw�sur a�s+ • �..� ; .},� . � , ' � � . � __ ,�.. J . , ..,.. ,..a. a�N o� I� ��. � � f � _.s ^ . �' _ wwr � Mw.e� ► ..: : o � _ _. _._ __ . . � .�... � 'c;� . '' � '�" . . ' ', - . . . � � ., �� °�� ---�� - . � �� ,, . - . . . . -; ,� . < _ �� - � - � . . - � ,�r: .. b3 1• , ' � ' � : ' �r � - . �r.f�`� i7.s `V . � i_ ` � " ' � - - ��-.�� r . . . .. ' � 'is C .. . \, . . . . . � �.S • - � � . . �. . ' . � � � - - . ,� �,y " . � - " .- �� 1C > � - - . . . + • `� . �' , : � -•i.,�.r: U =;,' - .' • •�- "� . . � �j' �. - - � : - _ _ ��; '�'.y, ..:e,�,_� ^ :; . - i� � �: " : ' { � - - - 1'' � a �� - '`� " - -_ _ . � • . .� . .; . ��.,�. - �` � � .. . . . . .. ■! . . :,+.. _ .• .,>Y��:;:.:��. , � ■ • . _ � - . y�'. 1 L ° . : : " . ; •. . � ' �; ', r'f r . :. » . f ��:�T L 'rxN'• �.� � _ _ -' a,�. :� .;Ij 'wOM �f0�►0�� .. '�k'fiirr:;^{�SS•• � � r � -$� ��• _ h.. —j' - . �- . ,�� ~ �' � �_ j►� . . �, »�r __1 , � ��r. � � �.: �} O - -- - - -. _ .:' . . _ ... _. .. j'� . ..._ . � - � .G-, a . �. " M- � ' � - � M f � � . a.' `4 - . I i"' . ' ' - � . � � " - l��, :... ... � :��._ _ . �, � . . . a , 1 _ . . . .«. ti.q..e. _ . • �1 � , � � �` �` • � � • � - w1 ` � � ' ' � � • r � � �i Mw � : _ 1. r � i�� ,_� s O , . , .�.e,...a, � N a . �:� � � � . J � �--- : . � . . . � � � . : �:�: �w- �- � . �+ �f�.- � �. . .. ... ._: i =�- � �r � . . �. .�. . �a � �- - .:�, �-: � _- _ : - . � ._ � � : �� . � ___ . °C � � � �.. � . � - . � ---- � - . . ! n��-, �. � � � ��. � .. w . , .M _ . � .. .: ( - � :. � . . -- \ `7` `�� - .. ' _ . = as ° - - �t'""°`.: a w+�: � .. ! ' . . r'� � 5 ��,ir+� ` 1¢t.� ^ � °°°" `*�j "� � . _ ..-% � . � 1�, W .,\�� :�„ � a.-n . �.,�.,,.�� 9 ---- . . _ : y , _ . J V♦ -q� -�--.�pi-7�y _ i -� i�-� J-7 �1 �nl�l . ' • _ :. � ._ -. �- .. � , v _ . .: -� 1_,, b _�,:� b_ - _ �: .J _,,..� �� _7, , ,, v , , ; -. --- . /.ic � ,'Y� 4 i -.; � F-��1 �JL'J / � � - `� 1 //7 � / /.' � .-�-�_r•'i � � : • �. �_Y��-.../V � ✓/✓�/'.. i/`7 - �i/V�/:J1 =iJ_ ✓1 .: . .�: • , _ : _� Q 9.16 . . . i-- . - � ... . � C i1,i T��J i� G� n S �3 =��6PM CD I t`NESTORS ------- - P. 3/3 �,— —_�_��= ��4�8898 Oct� 24�9S 12 30 P..,.. � _...._�_ _ -- 1�x�ai�l�c�n -- ..'. i�u�noa ir��tiia� ._.__...., _.._. - a�n.a�a st� a� � � ` �� . �� I � 1 I• 1 (� -� � � `. �o � `�`�� , d � i ,. % 9.17 0 � r.. _ � .� � . ... - � �� • i : 1 3 0 ��s�� : • i� � . � ;� � i � !1 � � t;: .� � ' � � � �� . � �i � � .. - � ; � �1 � �� t; l �� ;� � �� • � � { � � , � �� ii �1� ;i� �� DESCRIPTION OF REQUEST: The petitioner requests that the City vacate a 10 foot utility easement The petitioner's house was constructed over the easement. S�Y 4F ISSUES: The petitioner recently sold his house. The title company, in completing their title search, discovered that the house was constructed over the utility easement. Ttie title company requested that the easement to be vacated. No public utilities are located within the easement area. The Engineering department is requesting that a new easement be dedicated adjacent to the westerly lot line of the parcel. A verifying survey will be required to determine the width of the new easement, and to verify the clistance of the house from the westerly lot line. PLANNING COMNIISSION ACTION: The Planning Commission voted unanimously to recommend approval of the request to the City Council as recommended by staf� with the following stipulations: 1. The petitioner shall dedicate a new utility easement adjacent to the westerly lot line of the subject parcel. 2. A verifying suivey shall be submitted by the petitioner, wluch shall determine the width of the new easement between the dwelling and the westerly lot line. in all other areas along the west lot line, the easement shall be 10 feet and shall be indicated on said suivey. In no case will the easement be required to be wider than 10 feet on this property. RECOI��IlVIENDED ACTIONS: Staff recommends that the City Council hold the public hearing on the vacation request io.o1 Staff Report SAV #95-04, by Gary Hedman Page 2 PROJECT DETAILS Petition For: Vacation of a 10 foot utility easement. Location of Property: Legal Description of Property: Size: Topography: Existing Vegetation: Existing Zoning/Platting. Avaiiability of Municipal Utili�ies: Vehicular Access: Pedestrian Access: Engineering Issues: 60-70th Way The Westerly 48 feet of Lots 1-4, as measwed along the North and South lines thereo� together with the vacated alley lying Westerly of and adjacent to said Lots 1-4, Block 14 camp Haward and Hush's lst Additions to Fridley Park, and the East 20 feet of Lot 9, Block 4, Ostman's 3rd Addition, said distance measured on a line perpendicular to the East line of said Lot 9. 12,220 square feet Mostly flat, but gently sloping to the south. Typical suburban; sod, trees, shrubs, etc. Camp Howard & Hush's lst Addition, 1886 Ostman's 3rd Addition, 1957 R-1, Single Family Dwelling Connected 70th Way N/A Requests a new easement adjacent to the westerly lot line of the parcel. 10.Q2 Staff Report SAV #95-04, by Gary Hedman Page 3 Site Planning Issues: Parcel History DEVELOPMENT SITE The 26' x 44' single family dwelling and 20' x 22' attached garage were constructed in 1960. In 1990, a 20' x 26.5' addition was constructed to the rear of the original garage. Request Analysis The request is to vacate a 10 foot utility easemen� The easement is located within the westerly 10 feet of the dwelling unit. The easement was originally dedicated in 1957 adjacent to the easterly lot line of Lot 4, Block 4 of Ostman's 3rd Addition. The easterly 2(? feet of Lot 9 was added to adjacent lots in order to create a buildable lot. In reviewiug the suivey (not a verifying survey}, it is easy to see why the error was made when the building permit for the dwelling was issued. The words "utility easement" are located in the westerly 10 feet of the new lot, however, arrows marking the actual� easement area indicate the easterly 10 feet of Lot 9. The Engineering Department has no objections to the vacation rec�uest, hawever, to maintain the Cit�s future options, have requested that an easement be dedicated over the westerly 10 feet of the subject parcel. No public utilities are located in the easement area. In order to avoid a new encroachment situation, a verifying survey should be submitted to determine the setback of the dwelling unit from the westerly lot line. Recommendation Staff recommends that the Planning Commission recommend appraval of the request to the CYty Gouncil with the following stipulations: 1. The petitioner shall dedicate a new utility easement adjacent to the westerly lot line of the subject parcel. 2. A verifying suivey shall be submitted by the petitioner, wluch shall determine the width of the new easement between the dwelling and the westerly lot line. In all other areas along the west lot line, the easement sha11 be 10 feet and shall be indicated on said survey. 10.03 Staff Report SAV #95-04, by Gary Hedman Page 4 WFST: SOUTH: EAST: NORTH: Comprehensive Zoning: Zoning: Zoning: Zoning. ADJACENT SITE,S R-1, Single Family R-1, Single Family R-1, Single Family R-1, Single Family Land Use: Residential Land Use: Residential Land Use: Residential Land Use: Residential Ptanning Issues: The zoning on this parcel is c�nsistent with the Comprehensive Plan. This request to vacate has no impact on the Metro Systems. Public Hearing Comments: To be taken. 10.04 iNDUS'r�u� euoinc�s CITr LOTf TO►OORAPNIC MAPPING � / V_ SCA�E �1"=30' SAV 4�95-04 C. E. C O U(.,. T E R� �� Gary Hedman LAND SUFtYEYOR RE(;ISTERED UNDER LAWS OF STATE OF MINNESOTA LIGLNS60 oY ORDINANC6 OF GlTY OP MINNEArOIti 3300 LYNDALE AVE. 50. , MINNEAPOLIS 8. MINN. TAYLOR 4-0970 cJ U RVE Y �or O T TO � STMAN �urnrpnr's tQrrt�r�tr �O -�N �. _'y�_- -_t20_g2' _ -2' - , .. � .. , .� , + � � �o i � ' �3?,5 1-S-F 1 � I' N °- l O � .�,`�, I . ; � _ _ 13. 10 S � • �r � d _ _ __ ._v ;� r�Q ��j► W , r��. . . � . ' - asement to be Vacat d� ��' _ x �� :� , . �'�'is � ' > � W AY � bd -.----sa ---- . f � L OT , t -- �� : �. N. E, �un�Ha r�nw suev�rs UKEfMOR[ JUOICUL ----140 . . .. • • . - ��' - ` -•8U • • ` � . _ ,� � ' o . � . �� I _� _- — _ � — — — — --' W � ,.: J Z.. �� -� v t� v t � i . �. � , L . � — — — a— — . �-.--'' .. ^— �. _ _ ^ _ _ �_ ;!"� �. r-r' . ... «�.,��.�. � . . .. y .,j , � � t y � � �� . � °F' . � _ n. �� r `�� ... ..,_ : O � zJ' � .. p � - � �_: � - L �; �" - - �' � � , : - � z $�. ,:� �� _-__ - -----� � � i : : � h _ � 1 �. , _ � � .. �,' °�� .� ? � � . _ . . - _ �� .._ _- a.2 � =� @" ..t ��`¢ .�.� O � L .. -- --�? , 120.93 - " � $ ' L p T 4 � i �� N ^ . .. ....�p.... _ _•SO_.. _ _ � ' _ �� , I�;hereby certify that the above is a true arid carrect � plat of,: a.suryey of :t s�s:; `;: �i�ie Easterly 20 feet of Lot' 9� as measured at : right, arigles; ,to the . Easterly ;, "' : :. ,- ; ,l,ine thereof , Block 4, _ OSTMAN' S� :,THIRD ADDITION, Anoka; ,County, , Minnesota, ;: ' � togethi�r with the' Wes�terly 60' feet'� of Lots ti l-; 2, _-3a�and. 4 as measured�: along ,. , . . ,. .°the North and South lines thereof,'Block'14, Camp Howard and Hush's 1st,.; t:•.:-; �Addition to-Fridley Park,.Anoka;County,-�Minnesota � � � ., . . „ .. . ,: : � : , , �.. . _ . . ,, _ . .� .�.. _. ., As surveyed by me this 3rd day of June 1960<A: D. - ' ;.;,� Signed' :icO. Cp • ��d�-�t.� : - ��T� � `� Minnesota Registration No. 2584 1 Y;��0.05� . � . - . �! . . t�i aa 1 . _ . .. �:�-�.r . . . .. . . .. . . .. c. . . . . . G�d1 - ��'. �1� 7in .� j � DESCRIPTION OF REQUEST: The petitioner requests that a 20 foot drainage and utility easement be vacated in order to allow construction of an 87,000 square foot multi-tenant officeJwarehouse industrial building. The request is generally located at the intersection of the East University Avenue Setvice Road and 73rd Avenue. SUMMARY OF ISSUES: Located within the subject easement is a 24 inch storm water line. In order for the easement to be vacated and the building to be constructed, the petitioner must relocate the storm water line. The petitioner has submitted a solution to address the storm water drainage issues and to maintain the e�risting storm water flow. PLANNING COIVIlVIISSION ACTION: The Planning Commi��ion voted unanimously to recommend appraval of the request to the City Council as recommended by staf�, with the following stipulations: 1. The petitioner shall maintain the storm water drainage system from the manhole located in the southeast corner of the parldng lot and the oudet located at the intersection of 73rd Avenue and the East University Avenue Seivice Road. 2. The petitioner shall execute and record against the property a storm water pond maintenance agreemen� RECOMMENDED ACTIONS: Staff recommends that the City Council hold the public hearing on the vacation request, to vacate a 20 foot drainage and utility easemen� 11.01 Staff Report SAV #95-05, by Industrial Equities Page 2 PROJECT DETAILS Petition For. Vacation of a drainage and utility easemen� I.ocation East University Avenue Senrioe Road and 73rd Avenue. of Pcoperty: Legal Description Lot 1, Block 1, Northco Business Park and Lot 2, B1ock 1, Nortb.co of Property: Business Park Second Addition. Size: 298,627 square feet 6.85 acres Topograph3. Flat Existing Vegetation: Existing Zoning/Platting Availability of Municipal Utilities: Vehicular Access: Pedestrian Access: Engineering Issues: Site Planning Issues: Some trees, vegetation of tall grass M-2, Heavy Industrial; Northco Business Park First and Second Addition (18988 and 1990 respectively) 73rd Avenue, Northc� Drive 73rd Avenue, Northco Drive, East University Avenue Service Road Bikeway along 73rd Avenue; south side Stormwater flow relocation None 11.02 Staff Report SAV #95-05, by Tndustrial Equities Page 3 DEVELOPMENT STI'E Property History The subject parcel was origi.nally platted as part of the Northco Business Park First Addition in 1988. The parcel is comprised of two legally described lots. The subject easement is located along the north/south property line bisecting the subject property. Ten feet was dedicated on either side of the property line. The westerly half of the subject lot was replatted in 1990 after construckion of the University Home Business Center currently located at 7201 - 7251 University Avenue N.E. The parcel is located at the intersection of 73rd Avenue and the East University Avenue Service Road. The parcel is affected by three street frontages; University Avenue Seivice Road, 73rd Avenue, and Northco Drive. The petitioner is also processing a variance request to allow loading docks facing the public right-of-way (Northco Drive). Analysis Located within the 20 foot drainage and ut�7ity easement is a 24 inch storm water line wluch connects the storm water system in Northco Drive to the storm water system located in 73rd Avenue. The storm water flows south to north within this pipe. In order to construct the building, the petitioner will be required to relocate the stormwater pipe. The petitioner proposes to relocate the pipe through a series of ponds lacated along the southwest and west property lines of the subject parcel. The Engineering Department is requesting that this system be maintained by the petitioner, and that no easements will be required. A storm water pond maintenance agreement will be required to be executed and recorded against the properiy to ensure adequate maintenance of a system. The Engineering Department is also reviewing the grading and drainage plans and hydraulic calculations in order to ensure that reconstruction of the drainage system will not adversely affect the adjacent properiy to the south. A report of their review will be presented to the Planning Commission at the meeting. 11.03 Staff Report SAV #95-05, by Industrial Equities Page 4 RECONIlVIENDATION/STIPULATIONS: Staff recommends that the Planning Commission recommend approval of the vacation request, to vacate a 20 foot drainage and utility easement, with the following stipulations: 1. The petitioner shall maintain the storm water drainage system from the manhole located in the southeast comer of the parking lot and the oudet located at the intersection of 73rd Avenue and the East University Avenue Service Road. 2. The petitioner shall execute and record against the property a storm water pond maintenance agreement ADJACENT SITFS WFST: Zoning: M-2, Heavy Industrial SOLTTH: Zoning: M-2, Heavy Industrial EAST: Zoning: M-2, Heavy Industrial NORTH: Zoning: R-1, Single Family Dwelling Comprehensive Planning Issues: Public Hearing Comments: 11.04 Land Use: Vacant Land Use: Vacant Land Use: Manufacturing, research, and development Land Use: Residential 3�C�Z T��.� T� �� S �3� �.6PM CD INVESTC�RS 4_88gg ��.� �,v.vic. ��r �� N �Y�..�� ..��www....... �� 1llw � �� n.ob a a,� � _ � �- �°�� „ nct . 24.55 12 =30 P.P 3i3 w ��t�ww.sw�� .� � .7� �,�1 j I' 1 l� ��`\. � �`�� ,> i , .� SAV ��95-05 i 1 . � ��-,;��g ; •� � : � � i z . �! # � Y�= .� � l . � ; •� � � r �� t .; ; � �t � j� e� � , � ,i � � . � �� . �� ,�� r� 1t ;,� ;i� :� ! f � Engineering Sewer Wa1er Parks Sl�eets Maintenancc TO: William W. Bums, City Manager�� PW95-321 � FROM: John G. F1ora,rPublic Works Director DATE: November 27, 1995 SUBJECT: Stonybrook Creek Improvement Project No. 246 We have been able to receive signatures on two petitions for the Stonybrook Creek improvement project. The first Petition No. 6A-199S supported the petition for the pipe system and an assessment of $2,000 for their contribution to the project, waiving their rights for a public hearing. This was signed by 11 of the properties. We have now received a petition from seven properties supporting the pipe in the channel and an open ditch in the rear of their property with an assessment of $2,000, waiving their rights� for a public hearing. These tWO petitions incorporate all of the properties on the Stonybrook Creek portion of the project. In regard to the project, we have received the construction easements and release easements for the improvement project. (The Netz's and Martin's indicated they will sign their construction easements after we change them to indicate a temporary construction easement and a final drainage utility easement. We are currently in the process of completing those. The Sombrio's indicated they will sign their release agreement once the project has been completed.) As we will have all of the necessary easements for the construction project, recommend the City Council receive the petition from the Stonybrook Creek properties and authorize the staff to prepare plans and final specifications for the improvement. As all the properties to be assessed $2,000 are included in t�e two petitions, a public heari.ng is not necessary. JGF:cz Attachment 12.01 r ..,�. � i P�ay 15, 19°5 PEiITI0i�1 I10 . 6A - 19 9 5 STONYBROOK CREEK PETITION We, the residents on Stonybrook Creek, petition the City to correct the erosion that has occurred in the creek. We understand that a pipe will be installed in the creek channel and backfilled to remove the creek ditch and restore our yards. We understand that we will be assessed $2,000 for this improvement which will be initiated by the City. We waive our right to a public hearing on this improvement and assessment. We request that this improvement be initiated as soon as legally possible. . Husband: ��C Wife: c9„�cx,v� Husband: G�� Wife: � G'" ,,. Wife: �� „� , Husband: , <i�� Wife: ' -- °/1.�.. , Husband; ,�y� W' f • / �� /��c.— _ � 1 e. ,, . •,�/ .t Husband: � l�d .Wife: Husband: Wife: � Husband: N Wife: Husband: ��/i.� Wife: �h ��:� ., � C�r �.--, �f t3 0 � 160 Craigbrook Way 170 Craigbrook Way 190 Craigbrook Way 210 Craigbrook Way � �� , I 230 Craigbrook Way 12.02 250 Craigbrook WaST 270 Craigbrook Way 290 Craigbrook Way 133 Stonybrook Way � ' STONYBROOK CREEK PETITION (CONT'D) Husband: ""�`' � "� r`""`" Wife: C Husband• � �---�� Wife: J , ' �� Hu�band: � � � Wife: � ; n ��. , ._.s ,• . �= Husband: /u'`� �`�'- � Wife: � ' .� �� Husband: � N�? Wife: �Q Husband: �� Wife: 155 Stonybrook Way 165 ay 187 Stonybrook Way 21I Stonybrook Way 245 Stonybrook Way 265 Stonybrook Way 1Pe � i � -f �,{ w4� 7U r� v{ r Husband: � 289 Stonybrook Way ,t/p Wife• • � : ? Husband: ? L� 7736 Alden Way ,� ,�,� ,�,�,.,� ' Wife: - ' e�c. c�ica.� - cc� � ; r"`'� Husband: �� 7776 Alden Way _ No Wife: �� 0 12.03 �. November 9, 1995 STONYBROOK CREEK PETITION We, the residents on Stonybrook Creek, peti�i�on the City to correct the erosion that has occurred in the creek. We understand that a pipe will be installed in the creek channel and backfilled to remove the creek ditch and restore the first five yards and that in our section of the creek it will be armored and remain open. We understand that we will be assessed $2,000 for this improvement which will be initiated by the City. We waive our right to a public hearing on this improvement and assessment. We request that this improvement be initiated as soon as legally possible. 12.04 �— - - 0 a� . n }, / '1 . � . G � � �a �PO� � � � \ _ . 'I = �� / 9'� / \ ` �J � � f� �j . \ - C � �` \ .�7a � �� • \ � 5 � �.�� F g� � �P ,°�� x i� e� �� II d� / Y�B�� \ `�� d � � \ �y� / '��6 �� \ ` \ ¢ / 1 '` o � i / / \ � `��`$ � \ n � ; o W �� \ ��` � ,�� : �� g � � � . ' � �'� r�QJ \� �W��x� � � � � ~ 8 � W � g,�r� ��a �� d��. . �� ' � ' . .00�� t��d z ' � nN~ox� � $ �� i/ �\� C,$h� ` $c`�d$� ' , v�,� / � i i "� � � � �� I - N '� �\ � j/ �� / i� � ,, � , � ��\ , , � �� - /-' `. , / M )- � . ,� �-�� - . � - M N ,� j� / �± � \ � ��1 � � i� � ♦ � _ , i � � � --- --- � %� �� - � �� _ � � � , � � "� � f . / � ° � \\ �•/ '� '`��. '� _�-. � �� \� " �� `' � \� -- � `� / � .: ,� ' \ �� ' � . \ � ... o� �( ' � r `. \� : � �'�// `�' i ` /'\ � . � ,� ! \ � � � � �� O. �� k3 �� \ � ' - ��'� %-� / .�� ° �� .— ♦ i \ \ % } � ' g�� / t � �� ~ � �� 4�� I \ � _ ��s� �' \ `� o � C'%� �3 \ . `�� J c� ___,�_. o. � � ��`� � ii /� ` �/ �-- �' $ b � � 'i� / - o \ . �� ii : � :. - �\� ,/.<. .�. .� _� � -_ \ �v�,.`a / 4_� � � � � \\ , / �'- ' .. Q\��. / � ` \ � �� w � � � � �� / /' � ♦ /. ! \ � a� e��`� / � / / i � ��= � � / / \ ♦ i 00 y�'�'�� o f ♦�� //.C>>��j/'' g g F �. - ' \ \ � / � �a��; / r . � . , . ♦ /� . - . � ::`.: : � .; ,\ / / � r\ / /, , •. � �- _ � ��` / \ ; , .. - �, ; ..� �� i./ � . � d I : / // � �\l � � / `` � �\ �� , / �/�` $�i�)) � ,��. . , � `\ v � v � �I � ;. F \\ °� � . . ., ` 12.05 � V' � DESCRIPTION OF REQUEST: The petitioners request that a variance be granted to reduce the side yard setback on a corner lot from 17.5 feet to .5 feet. If approved, the variance would allow reconstruction of an existing garage. The property was ganted a variance in 1965 to allow constn�ction of the existing garage to 3 feet. SUMMARY OF ISSUES: The subject parcel is located at the intersection of 66th Avenue and Lucia Lane. The subject pazcel is located adjacent to the paper right of way of 66th Avenue; 66th Avenue is an unimproved street. The petitioner has three alternatives which would meet the code: Vacate 66th Avenue; 20 feet would accrue to the petitioner's property. 2. Locate the garage at the 17.5 foot setback. 3. Locate the garage 25 feet from the south property line and acquire an easement from the City to drive on the 66th Avenue right-of-way. The Council could choose to grant a variance to maintain the 3 foot encroachment. The request exceeds all previous requests of this nature (five feet is the greatest variance granted). RECOr'IlVVIENDED ACTIONS: As the request exceeds previously granted variances, staff recommends that the City Council deny the request. APPEALS COIVIlVIISSION ACTION: The Appeals Commission voted unanimously to recommend denial of the request to the City Council. 13.01 PROJECT DETAILS Petition For: Variance to reduce the side yazd setback on a corner lot from 17.5 feet to .5 feet. Location of Property: Legal Description of PropeMy: Size: Topography: Ezisting Vegetation: Eaisting Zoning/Platting: Availability of Municipal Utilities: Vehicular Access: Pedestrian Access: Engineering Issues: 6601 Lucia Lane Lot 4, Block 1 Alice Addition 8,391.73 square feet Flat Typical suburban; grass trees, stuubs, etc. R 1, Single Family Dwelling; Alice Addition, 1963 Connected Lucia Lane da Poss��le vacation of adjacent street. 2 13.02 Site Planning �ssues: DEVELOPMENT SITE Property Description and H'istory The subject parcel is locate�i at the intersection of Lucia Lane and 66th Avenue; with 66th Avenue unconstructed. Located on the subject pazcel is a 20' X 40' single family dwelling unit built in 1964, and a 14' X 20' detached garage built in 1965. The petitioners are proposing to remove the existing garage and constiuct and new garage 16' X 24'. In 1965, the City granted a variance to the property owner to reduce the side yard setback from 14.27' (the distance of the dwelling to the south praperty line) to 3' to allow const�uction of the garage. See attached zoning code section from 1963. Analvsis Section 205.07.03.D.(2).(c).((1)) of the City Code requires that the side yard setback on the street side of a corner lot shall not be less than 17.5 feex. Public Purpose served by this requirement is to maintain a higher degee of traffic visibility and to reduce the "line of sight" encroachment into the neighbo�'s front yard. The petitioner is proposing to expand the garage to the south and east. This reduces the setback from the three feet granted in 1965 to .5 fcet. The petitioner could choose to expand the garage to the north, thereby maintaining the existing encroachment. The subject parcel is unique since it abuts an unimproved right-of-way. The dwelling on the adjacent property to the south faces the same diredion as the dwelling on the subjed parcel. The dwelling on the properiy to the rear faces Pierce strcet, so there is no "line of sight" encroachmerrt or traffic issues. The fact remains, however, that the City could consttuct a street within the a 50 foot right of way between Lucia Lane and Pierce Street. Sixty-sixth Avenue does e�st between Pierce Street and Channel Road to the east. If the variance w�e ganted, and the street const�uded, the structure would be six inches from the right of way line, and 10 feex from the curb line. The petitioner has the following altematives to pursue in order to meet the code (see attached drawing): 1. Vacate the 66th Avernue right of way between Lucia Lane and Pierce Street. Tweirty feet would acciue to the petitioner's property, thereby eliminating the neeri for a variance. All property owners abutting 66th Avenue would have to consent to the vacatioa Staff understands that there may be at least one owner who objects to this option. 13.03 2. L.ocate the garage behind the house 17.5 feet from the property line. This would require relocating the patio and existing garage slab. There is adequate room on the site to accommodate this option. 3. Locate the garage behind the dwelling facing the south propetty line and 25 feet from the prop�ty line; acquire an easement from the City to drive on the 66th Ave�ue right of way to access the garage. The Commission could also choose to grFUrt a variance to maintain the existing encroachment of tlu ee feet. Recommendation The request exceeds those previously granted. Staff recommends that the A►ppeaLs Commission recflmmend deival of the request to the City Council. WEST: SOUTH: EAST: ADJACENT SITES Zoning: R 1, Single Family Dwelling Zoning: R 1, Single Family Dwelling Zoning: R 1, Single Family Dwelling NORTH: Zoning: R 1, Single Faa�nly Dwelling Comprehensive Planning Issues: N/A Public Hearing Comments: To be taken 4 13.04 Land Use: Residential Land Use: Residemial Iand Use: R�eside�rtial Land Use: Resideatial. a� � � � � y N : U � 667'0 ( =7 ) (2�) 6640 t=�) 6Gi0 (NJ t�) sao c3i� seoo t�� s�o � cie� <<�� 6fi�6 6�i46 (�+l i�=) �� u� uss �n� c,�.� c �°� :, � ' N' - VAR ��95-31 Anthony/Joyce Swanson 6700 �u� 6676 ( +� ) 66p 1=sl 6670 (�4) � 66l8 (�� (�t) 663! I�! (�) � � � � �»1 � ( a f 6610 � ( tu ) t�� .a 4 _� ��,�,,,�.� 66th venue N.I,.. � _670i (t�) 6675 (_:) 6G51 c a�l r----- i (�r 663! {tsJ � (��I (�� _ 6606 (�! � � � ��' ! (�� {�i �u� t`°� � 0 c�f �� ' � � � �: 6565 �64 �-i 6666 � n t�J (�) z �� u� U � ��. � � a.� � � �.. � t�l (�1 � � � � � � � a� U A., �� i�% c�� t +�1 � c�`� t�� c�� "�� 6" � a� �oo ��. (hj IN) t�J (�I 13.0 LOCATION MAP i .. VAR ��95-31 - Anthony/Joyce Swanson •✓'�� • �.�" L �i\�.�Ji.i.� 6'�� lA4�L� �� <.�_�� 1`,l.i .fl.t { ;, , ` '�� <<' �ic-lepho,•,�:• T,-_+ .. ;• . ....t -� • i LA�vi� Sllt�,`,{f�`'OizS. A �Ci:ci, f•,'tit?:�:,_�:��tc CER7I�ICATE OF SURVEY: JOS�PH NTPCIASIEK � �j _ / :� �.� — F� r � � � � i�i �� . : :; � � ; i � _. � ' ( v J • '�J' �+ ' � l • �-------�--._ . . "_ _-' ---- -- -- -.—. _. .. Y . _---"--� , ' ^ � .� � � �_; ._� � � -�.�._ V ..� � � ;,� � 35' � a : .. - .- E�asting � .; 1U82-i:;1)-�G�:; i � �. � �; ., , t.Lj ��- . � �� °� .._ �,� .} __ . --. . `` /, Proposed � r � =��■ I - � . _ , ' � ' , � -_ Option. 1! Vacate 66th Avenue ; _ � r T i-� �� {' r� ...��r �� .��`,� �' �e►-~-;+ TT—T..�_ *--�- �—�---� � ;. ; _ CV — i � � - "t � - y. �.�t � �� a LICI-: :'1DDIT[c:•�. :anoka Cc�unt�'. 1li3ir�c:sot:i � . . F �# . t 4 � r � _ � .. ..�; ; � .. ' } i .} 1t's �`fS� � /�, i �� * k} ��i r� ��}�� r % � �}Fj j Yt� . . • -' n .i' ., .' . ` `-�.. � �� ,a f : � . i i` i. �, ^� � � X � - � C ` f f�: e�. C A u" :� �L � 3. � M'�.� '�. 1.HErTE8Y . CERTtFY THAT �THIS y!S A TRUE A14D,:CORRECT PEPRESENTATION OP �A` SUR�C�Y,;v OF THE?'BOUNDARIE �. , F f�� ABQCjE �.'�" : DESCRIBED LANO, pND TkIE tOCAS{ON OF `>i►LL 8U11DLVGS THEREON; AND�`All YISICCf ENtROACHMEN75 IF ANY, FRO ��;,O�I S1AID`��,' _ ' . � LiIP�D. . . � � � - � � S � yr`S t + ..�``�,'G� �„j,r sr � R`�`� � � � ' - . . ' ' � . , . • . . .3 . :i� !.. �� 1.� ,i . . � . . . . . . . . . . . 1 AS SURYEYEp BY ME TNIS 4 L�1 pAY OF , i�4 �1 1' C}1 .................. .........._ .......... ................... . ........ A.D. � 9... G.:� + �. . _... ...... ..... .. .. .. q %� � N. .0 HOItl��A AN�7 ASSOCIAI'ES, iN�.;.-r LA�tD SURVPYORS':r�' :� ��;: I.. . . � ' - . � � �� i� ' � � � �. �).. .. ` t -%S �,x �� . ��. , I �� !� �' \+ f ji� v K� � .... . _. _, t.:.._ �.. . � tt• �'' I. { . ... . ,.... .... � , . 1 c f f � VAR ��95-31 , . _ _ _ _._ �-Anthony/Joyce -Swanson. . _ ._ _ t--� � . . . . . A . . . . - � . . �� /� C�� _ �. !� (e� �J'�t�ntc-E �'��;,,P �t�?±�l ; . , .: . _� : . . : _ f�%�`SC- :�FI2�Cr� � -- j _ _ , p .4 __ . _ _ . . _ _ __ . . _ _ � C Tt C� 11, r , � ; � ' � � C CM E /1; 7- __ �?A �7"L F . , _ ; � -� =- - - -- - � �- � � - � - � - , ' , , � _ _ _. + , , , � . . . , -, , . _ _. i ., _ �; _: � _; __��_ _: . _ - - � -- � � i- =-- . - -- � , E � � i �_ _ ; _` ; --=-- - --. __-• -- � i _,—._.,.�.-- _ - -�-!- — - - - — r-, � � i ; � i � ' -- - 1 _.. .:_' _ ___ .. _ . . . _ ... _ _ . " .__ '_T-_ ' .. ' , � t � . .. � � . _: � i . _ , i- � i _.. . .:_ ' _.� . _. -- - - -r 1 -t - -. L.'_ __ _ . _-. ' � . 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J � ' ��L� T i � 1 � I ; -�- J � - �, , � � �-- � � _ -_ �_ - l�_�i�_ � ��-�-- �� - � � _ � � � j I �� j� .�.__ � � � � � �� 1 ' �_i� ' ' i _ _ I _ - , ( ..�1__;_ ' . _ � _�. .. � _ ��_ � i �. .1— � � .�l .J �-.' � - _ _ _ ' ._i — . ,. , .� , ' T_ , ._.' . � i ' �� i 1 .i___ L_ i-_ - � � ' � — � .� !-_ - _ i _ _ i � II - � -- ' - � + - �_ �� _-1 � -•--�— � -- �� ; �— � - 1-�;- 1 1 � 1. i �-.-•- � �' � - I f � . _ . � y_' _ "`�i^� � i . . .� . . � . . ' : I . � I • . . .—� � � , I � I I 1 i I I I i . % �.. . - - - . . .- --. � I � , � � � i �� 1 I ' � �_ ' : ; � 1 I ' � � :J �� ' �� _ I i � t; �!� I I � ! I � I i i ' . � I - -��—,' ._—i J , , � i - �------ - � -± � .� � ' +, �, � -- -- j--r- �- � ."- �-�-�:'-�-� . . -- � ."--' -- , i �� -1 ! �` ' 1 �'�� ~ ; � a 1 �. -=-T � ___j__ ' i 1 I I i i i ...� ;�1.� � � I I I � r ^ � I I I � ' _ j � T� . I � i i �- ' , i % -r -- 1- - - - - :-- t.�_i +- ' -�- - - -- -- . ' I ' -- -- � - . - - ' i _i ! i I � Y � �_ •. ! 1� __-_� _ _- i �- � � -- � �- �-�-1----------1— � �. � , i , �. � . . - � ' � -- — �— ' . --` . � ' -- ,� : ,�� i , -- `-_ :__ -- -- ,-- --- , ; , � � —+ � � �:._ -- - �. . ---� , _ � � ' I I _ _ _ �-}-_'r-r. � i �-�� --d ,�_- � �. _ _ - 1 . . �__,� 6.. I � 1 T-_ � � I i-__�/K Y�aJ� _.��Y' ,-�-1--= '_�' '. i i F � � �— - � . =fi �' � i - ' - - � � � T� I � �J ___L:�i�.i � -�- =- ! _ � -- — - -- , �__ ; � � 1 � � �. ' � . — � � 1 I � . ' . : i I I � , I.. � �� 1� I 1 � I �_ � '- .-.-1- � ' .- � 1'�- _-- '_._-� 1 .__y.,-� : � . !_i � � ' � � _.'_ � :_i.� 1�_• - ' � ': j ; ''_�_ _ '_" . . ti . � _— , _ � T j - �' -'_ __ _ ' ' _ _ J �(��J , . . -� - - - - --- _. - - -- . . � ; � � �� _ __ . ...__. .__. _ ..:___._ .� . ,__. _� _ . . . _ ___ � -� I..._ . ... __ _ ... . __ _ ..__ . . � "'- " _ '� . __ . . ', - 1 _ .�._ ___ . _ ,. �.. ; .� ��- - iJ 1 '- _ � '. i '�. 1 I .1- -'_- _ ._ � _�_ _� _ �_1-�1 . � P � . I � � � : -! ��- �--I -. �-� I'� �. � . - 1 �±i i -I i 1 1- 1 I I I -1-1 i = � ��----- � i i I i i � � � .��'_'_' 1-+-'-j- � � � � �--�-'- -- �� i I � - � -� --� -- --T i � ; �` � . I.�I � , + ' ' r __' .T-i �_� �� - �� i I 1� _ . �_� � .. , � � � I � � _ �- i � i � � + � � i-y+�� - � --'- c- � - . -t1 I- - �!- �"_ - -- - --�--- -?-r- - �• _`___�_.'�-_� 11 �J.- I� _ . � _� -' � _�_. . ._. I - -"_ 1 �` �', i I � . ' �___�r . I � t i � � . , I ' 1 R � �_ �� ` � � �� I �� :S:..q Q . .. . . � .:C:'==:C=::C:� n:: '��:. , , ....:: �...ris... ::: '� �� " � _ C ;� �.o � � � . . �' � � , �_ , w � 45.28 SIDE YA.RD EXCfiPTIONS REAR YARDS ZONING 45.24, The side yard width on a street side of a corner lot shall be not less than 1/2 the distance of the front yard depth requirement. for the lot to the rear thereof when said lot to the rear thereof has frontage along a side street, and in such case no accessory building on said corner lot shall be closer to said side street than the dis- tance of the front yard depth requirement for the lot to the rear thereof; provided, however, that this regulation shall not be so interpreted as to reduce the buildable width of a corner lot to less than 25 feet, nor to prohibit the erection of an accessory building where compliance with this regulation cannot reasonably be had. The side yard on the side of a private garage, attached to a dwelling at one side, may be re- duced to not less than 5 feet, pcovided the height of the building on that side is not more than 15 feet. 45.25, REAR YARDS REQUIRED. R-1 and R-2 Disuicts: A rear yard with a depth of not less than 25 per cent of the lot depth is required, with not less than 25 feet permitted or more than 40 feet required for a dwelling, and not less chan 30 feet permitted or more than 95 feet required for any other kind of main building. 45.251. R-3 Dist�icts: Same as in R-1 and R-2 Districts, provided that 1 addition- al foot of depth of rear yard is required for each 2 feet or portion thereof, of building height in excess of 35 feet. 45.252. C-1 Districts: A rear yard is required only for a building containing any dwelling units and on any lot, the rear or side line of which adjoins any R-1, R-2, R-3 or C-1S District� and the depth�shall be not less tiian 25 feet. 45.253. C-2, M-1. M-2 Districts: Same as in C-1 Districts, provided that 1 addi-� tional foot of depth of rear yard is required for each 4 feet or poRion thereof of build-i.: ing height in excess of 35 feet. 45. 254. . REAR YARD DEPTH: WITii .ALLEY ADJOINING: In computing the depth of a reac yacd fot any building . whefe the rear line of the lot adjoins an alley� 1 j2 of the width of such alley may be included as rear yard depth� provided, that the rear yard depth actually on the lot shall be not less than 20 feet in any dwelling district and not less than 10 feet in•any other district. . F R� N T Y A RD S R E Q U I R E D 45. 26, R-1, R-2, R-3 and C-1 DISTRICTS: A front yard with a depth of not less than 35 feet is required. FRONT YARD EXCEPTION LOT AREAS REQUI•RED R-1 DISTRICT 45.261. C-2. M-1. M-2 DISTRICTS; None, unless a block is partly in a C-2, M-1 or M-2 District and partl�� in another.disuict, in which case the front yard depth required in such othec district Shall apply along its entire length. 45. 27, In a block where the. average of the front yard depths of existing buildings wichin a distance of 100 feet on both sides of a building to be erected is not more than 6 feec greater or not more than 6 feet less than the front yard depth required for che disuict in which such block is located, the front yard depth for such building shall be not less chan such average depth. Shvuld this difference be more than 6 feet the ; boazd of appeals may vary the front yard requirement for the building, ; 45.28. R-1 DISTRICTS: A lot area of not less than 9, 000 square feet for a dweli- ing is required, or not less than 7, 500 square feet, if the lot is one on a subdivision plat recotded prior to the effective date of this ordinance, or on a plat approved by the City council subsequently, provided that an area of not les5 than .18, 000 scluare feet is required for a lot unserved by a City sanitary sewer ot art approved private, communiry sewage disposal system, or not less than 10, 000 square feet if [he lot is one on a subdivision plat recorded prior to the effective date of this ordinance or on a plac approved by the City council subsequently, (1-2-63) 13.08 � -� � BQA1tD 0�' APPSALS I�2ING MlNtli�S « � SEP�BR 15, 1965 Zfie m�ting wae ealled to order by Ci�airmau Navrocki at 7s35 PeMo �8�8 PRBSBNTa Na�rrocki, FRtsgatricl�, Goodrich �md Jaakaaeki �SRS ABSSNTa Sauaders Mre �eim wa� preseat and di.�catased the variance request Nitb the board. I�otiaai by Fitzpattick, seconded by Gaodsich, Chat the board rec�osnd � that the varisace be granted. IIpoa a voice vote, t.6ere b8fng ao aays,-n-�- Cbaisnsun Nao�rocki dec2ared tlae m�tion carsied. AUJOi�3NI�NTs _ _ T�ere beiag no further busiae8s Chairman IJa�rocki dec2axed the meeti.ag adjouraeda �espectful9.q subsa4Cted, . . . V. W t.�h.. .- �� Barl P, W r � � Secretaxy to the Boerd � 13.09 vi i l WUl�JUI_ � 1..t . � +'�l � � �T� _��T�►ti($�72-- � Iq �n � l�rco �re�nBell eiqr�siaed the actioa of� the Boagd of' Apgeale to th� Council. aas g�e��nt at �_Council I��ing•s�ad ��ate8 that no objectors atteaded R.,�s.•�t ..� a....,, _, o � _ — - Mro Heim ��9 -----___ �_ _..� ar ne �a asxea the� to do so. MYe Hei�t stated tbat if tt�e stree�s �po� tbe aidg o� bia 2oC �ar� blacktopped he �ou1g. not have to build a gara,ge ia �his loc�tfon, bat ��ace tteQ stre�t is uot improved, he is cos�ailed to Iaeate th� gerag� aeco�di� to tha plan� p�r�senred to the CocmCil. �e CitY Engi�ea� stated �ha� ��e C$�y has s r�ght-of-t�gy �os caosts�ctiaa: of a eCre�t al�,g tbis progeYty, C�sancglman Wright etated t�t ba�ica� ths etse�t is aot �aiataZBed 8ad sn$gested tba� perhap� thc street eould be buil� aa a bicycZe Yane eai�h prav�sia� for �ceesa by the fiae dep�,rt- men� �d en a,grc�meae tsi�h �he property a��ss to maiatsin the re�t ai t6� esse�aat. Cownc�.lmsn �dr�ght also aoeed r.�a� e�e streetc r�as inci�tded f.a the Pro�rcad gtre�t constxvctio� p�o jecti for �h� pre��aus year but groperrq oa�,a��e objecC�d Co t�te consi�cuctiaa. 1�a, ge�tm statsd tha� be hel�eve� a pe�it�.oa has be�n airculated Co vacate 66th Aveaue N,Ea� Motion by Wxigbt to coucur wi�h recc�ac�s��am� o¢ the 3aard oiE Appe8le and appxc�ve �.a3ver o� tit� e�de pard requise�t £�aa� I�.27 feet ta 3 fEet to per�it cotr�t�re:,ctio�t o� g d�tactt�d gata�e upga the p�cipertp of Pf�e Robert J. Hsf� oa F.ve I4, Bla►ck 1, Al�ce Aci�i�iax�, S�canded by Kirkiiazn. Upau � vo�.ae vote, etzege beiag ao uaqe, Che �o�ioa c�£�d cseaaimacasiy. i 13.10 \ �— ' � _ C�� F FRI DLEY MEMORANDUM Municipal Ce�ter 6431 University Ave�ue No�theast Fridley, Minnesota 55432 (612) 572-3507 FAX: (612) 571-1287 William C. Hunt Assistant to the City Manager Memo to: w�� w. Burns, City Manager� �� From: William C. Hnnt, Assistant to the City Manager �' Subjec� Drag and Alcohol Testing Policy and Service Agreement for Employees Required to Have a Commercial Driver's License Date: November 20, 1995 In 1994 final federal regulations were published which extended the provisions of the federal transportation employee testing ad to municipalities. The new rules apply to employees who are required to hold a Commercial Driver's License - (CDL). Basically, this means employees who drive large trucks {over thirteen� :_� tons gross weight), buses which transport sixteen or more passen�ers includi.ng the driver, or trucks of any size wluch transport hazardous matenals. The federal regulations went into effect on January 1, 1995, for units of government with fifty or more drivers. The regularions will extend to:units of government with less than fifty drivers on January i, 1996. Cities such as Bloomington and Brooklyn Park and many Minnesota Counties have developed drug and alcohol testing policies and have had almost a year of experience complying with the regulations. _ I have drawn up a�olicy for the City of Fridley wluch rehes heavily on their work but makes adjustments for our circumstances, e.g. the City will pay up to $100 for the cost of a con�irmatory retest which is not positive. Cities can choose to implement the regulations individually or to join a consortium administered by a third pariy. I am recommending that the City of Fridley enter into a service agreement vv�th Ken Transportation Services, Inc. doing business as METRO-TEST to administer our participation in their consortium. Their services are listed on Schedule A of the service agreemen� There is a one-time only charge of $189.00 to get started. After that there is a random testing charge of one-half of one drug test per employee per year and one :quarter of one alcohol test per employee per year accord;ng to their "level playing field �ncep�" The charge for other testing (e.g. post �accident or reasonable suspicion testing) would be on a per actual test basis. � Memorandum to William W. Burns Drug and �.lcohol Testing Policy and Service Agreement for Employees Required to Have a Commercial Driver's License November 20, 1995 Page Two One of the advantages of METRO-TEST is that the company will come to the City Garage or the work site to do random, reasonable suspicion, and post accident testing. This wi11 save considerable time wluch would othervv�se be spent going to and from the testing site. Supervisors are rec�uired to have an hour of training in drug testing procedures and an hour of training in alcohol testin� pro,cedures. John Flora, Paul Lawrence, the four Maintenance Supernsor, I, and possibly one of the union stewards will take this training on November 28, 1995. In addition, our Public Works Maintenance employees will take part in group training sessions with employees from a number of other cities on December 6 and 7, 1995. I will be working with METRO-TEST to develop the required forms and a record keeping system to comply with federal regulations. I request that you present the attached resolution, policy, and service agreement: to the City Council for consideration at their meeting of November 27, 1993. WCH/jb c: John G Fiora, Director of Public Works/City Engineer Paul E. Lawrence, Superintendent of Public Works � Ket•�� 7r�cnsportr�tion Services, Inc. Drug "Ccsting Programs 10545 1 lOth Street North * Stillwater, MN 55082 *(612) 439-9933 * 1-800-536-0275 October 6, 1995 Ms. Susan Irber CITY OF FRIDLEY 6439 LNIVERSITY AVENUE NORTHEAST FRIDLEY MN 55432 Dear MS. I�b2i: Thank you fo� providing the opportunity of submitting information on METRO-TEST drug and 2lcohol testing prog�ams. The information provided in this in senrice package is intended to gei the City started in the right direction in implemenfing a drug and alcohol testing program. Sample written oolicies should be reviewed by your City attorney. METRO-TEST is designed to handle almost all of the administration burden of federal and/or state mandated drug and alcohol testing programs. We provide all of the paperworlc required, drug testing packets for each type of test, specimen collection sites, testing laboratory, medical review officer and assistance in post acci�ent situafsons. �ne of the unique features of our service is in the area of random drug testing. Random selections can ba sei �� for individua! Cities �r drivers can be entered irrto a gene�a! pool mad2 up of seti•eral other Cities. The-paoi in which drivers are entered depends upon the number of drivers on the City payroll. Either, way the program ensures that the City pays for only the minimum numbe� of random drug and alcohol tests requi�ed under the regu{ations, regardless of how many time your drivers are setected. A check list, reference manual and recorcikeeping manuat are provided for use in aaswering quest�o.^.s that }��u may have in how the program works or what to do in certain situations. the manuals conta;n al; of fhe information, except individual driver drug/alcohol test infoRnation, required by FHWA inspe�ors. A toll iree number is also available for any information you or your managers might need. You also wilt receive a copy of our training videos "SAFEN IS THE PRIMARY ISSUE I1 - Reasonable Suspicion Alcoho! Testing" that satisfies supervisor training requirements. A one time charge of $189.00 enfers your City irrto the p�ogram. There are no hidden costs or ann��i rsne�va� fees. Contracts are enclosed for your review and some provisions may invalve negotiation. METRO-TEST is the most complete and cost effective drug and alcohol testing program on the mar!cet. Again, thank you for tf�e oppo�tunity to submit, for you review, our METRO-TEST program. 1f y�ou have any questions, piease ca11. Sin el , / Robert Kerr President 14.03 � THE LEVEL PLAYlNG FIELD CONCEPT METRO-TEST has developed the LEVEL PLAYING FIELD concept for use in our random drug and alcohol testing consortium program_ By using this method, your city is protected from paying for more random drug/alcohol tests than required by regulation. Here's how it works. Your employees are entered into a random selection pool consisting of employees from other cities enrolled in METRO-TEST. Selections are made six times a year and the number of employees selected per month ensures that the required 50% level of random drug tests and 25% of random alcohol tests is met for the year. Since your employees are entered into a pool with employees from other cities, your empioyees may be selected at a higher than 50%125% of driver positions; or, your employees may be selected at a rate of less than 50%/25%. Upon entry into the random selection pool, your city is charged 1/8 of one drug test per: employee each quarter and 1/16 of one alcohol test per quarter. This equates to a cost of 112 of one drug test per year per employee and 1/4 the cost of one alcohol test per year per employee. All random drug and alcohol tests are then paid by METRO-TEST - no matter how times your employees are selected. � If your city is under selected, the pool money is used to pay for over selections of other cities. You always know your random drug/alcohol testing costs up front - no matter how many times your employees are selected. - The LEVEL PLAYING FIELD concept eliminates paying for more random drug/alcohol tests than required by regulatio�, due to over selections. Regu(ations require that an empfoyee have an equat chance of being seiected each and every time a random selection is made. THIS MEANS THAT AN INDIVIDUAL CAN BE SELECTED MORE THAN ONCE IN ANY GIVEN YEAR. 14.04 RESOLUTION NO. - 1995 A RESOLUTION ADOPTING A DRUG AND ALCOHOL POLICY IMPLEMEIVTING THE FEDERAL OMNIBUS TRANSPORTATION EMPLOYEE TESTING ACT AND RELATED REGULATIONS WHEREAS, it is the goal of the City of Fridley to establish and maintain a healthy and efficient workforce free from the effects of drug and alcohol abuse: and WHEREAS, by Resolution No. 33 - 1993 adopted on April 19, 1993 the City Council of the City of Fridley adopted a Drug and Alcohol Policy for eity employees to comply with the federal Drug Free Workplace Act of 1988 and apphcable Minnesota statues relating to drug and alcohol testing in the workplace; and WHEREAS, it is also the intent of the City of Fridley to comply with the Federal Omnibus Transportation Employee Testing Act and related regulations which will apply to certain city employees starting January 1, 1996; and � WHEREAS, it is the intent of the City of Fridley to establish programs designed to help prevent accidents and injuries resulting from the misuse of alcohol or use of controlled substances by drivers of commercial motor velucles; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley that the attached POLICY IMPLEMENI'ING THE FEDERAL OMNIBUS TRANSPORTATION EMPLOYEE TESTING ACT AND RELATED REGULATIONS be approved effective January 1, 1996. BE IT FURTHER RESOLVED that the policy mentioned in the preceding paragraph be approved and adopted in addition to and separate from the City of Fridley's DRUG AND ALCOHOL POLICY effective May 1, 1993, which implements the requirements of Minnesota state law and the federal Drug Free Workplace Act of 1988. BE IT FURTHER RESOLVED that the Mayor and the City Manager be authorized to enter into the attached Service Agreement with Ken Transportation Services, Inc., dba METRO- TEST, including METRO-TEST SCHEDUI.E A, to provide services relating to the implementation of the City of Fridley's POLICY IMPLEMENTING THE FEDERAL ONINIBUS TRANSPORTATION EMPLOYEE TESTING ACT AND RELATED REGULATIONS. PASSED AND ADOP'TED BY TI� CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1995. ATTEST: WILLIAM A - TY LERK WILLIAM J. NEE - MAY R 14.05 CITY OF FRIDLBY POLICY IMPLSMENTINQ� THE FEDERAL OMNIBIIS TRANSPORTATION RMPLOYBE TESTINt� ACT AND RELATED REGIILATIONS Approved bp the Fridley Citp Council Diovember 27� 1995 $ffective Januarp 1, 1996 Cites to federal 49CFR, Minnesota Statutes, and other documents provided by Roger Seymour, Safety Officer, City of Red Wing 14.06 390.5 CITY OF FRIDLEY POLICY IMPLEMENTING THE FEDERAL OMNIBUS TRANSPORTATION EMPLOYEE TESTING ACT AND RELATED REGULATIONS • � � �� The purpose of this policy is to establish proqrams designed to help prevent accidents and injuries resulting from the misuse of alcohol or use of controlled substances by drivers of commercial motor vehicles. This policy implements the requirements of the Federal Omnibus Transportation Employee Testinq Act and the U.S. Department of Transportation Regulations, 49 C.F.R. Part 382. This policy is in addition to and separate from the City's Drug and Alcohol Policy effective May l, 1993 which implements the requirements of state law and the Federal Drug Free Workplace Act of 1988. 2. DEFIrTITIONB Accident A. Except as provided in paragraph (2) of this definition, an occurrence involving a commercial motor vehicle operatinq on a public road which results in: i. A fatality; or ii. Bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or iii. One or more motor vehicles incurrinq disabling damage as a result of the accident, requiring the vehicle to be transported away from the scene by a tow truck or other vehicle. B. The term accident does not include: i. An occurrence involving only boarding and aliqhting from a stationary motor vehicle; or ii. An occurrence involving only the loadinq or unloading of cargo; or iii. An occurrence in the course of the operation of a passenqer car or a multipurpose passenqer vehicle (as defined in 571.3 of this title) by a motor carrier and is not transportinq passengers for hire or hazardous materials of a type and quantity that require the motor vehicle to be marked or placarded in accordance with 77.823 of this title. 1 14.07 382.107 Alcohol - the intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols including methyl and isopropyl alcohol. 382.107 Alcohol Concentration (or content� - the alcohol in a volume of breath expressed in terms of grams of alcohol per 210 liters of breath as indicated by an evidential breath test under this policy and federal regulations. 382.107 Subpart 40.3 Alcohol IIse - the consumption of any beverage, mixture, or preparation, including any medication, containing alcohol. BAT {Breath Alaohol Teahnfaianj - an individual who instructs and assists individua�s in the alcohol testing process and operates an EBT. 40.3 Chain of Custodp - procedures to account for the integrity of each urine specimen by tracking its handlinq and storage from point of specimen collection to final disposition of the specimen. With respect to drug testing, these procedures shall require that an appropriate drug testing custody form be used from time of collection to receipt by the laboratory and upon receipt by the laboratory an appropriate laboratory chain of custody form(s) account(s) for the sample or sample aliquots within the laboratory. 382.107 382.107 City or Citp of Fridley - the City of Fridley, Minnesota, acting through its City Manaqer or designee of the City Manager. City of Fridley Druq and Alcohol Policp - a separate Drug and Alcohol Policy that is part af the City of Fridley's Personriel Rules. Commerce - both of the following: A. any trade, traffic or transportation jurisdiction of the United States between a state and a place outside of such state, place outside of the United States, and within the place and a including a B. any trade, traffic, and transportation in the United States which affects any trade, traffic, and transportation described in paragraph (a) of this definition. Commercial Motor Vehicle - a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle; and � 14.08 A. has a gross combination rating of 26,000 or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds; or B. has a gross vehicle weight rating of 26,001 or more pounds; or C. is designed to transport 16 or more passengers, including the driver; or D. is of any size and is used in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act and which require the motor vehicle to be placarded under the hazardous materials regulations set forth under 49 C.F.R. part 172, subpart F. E. A commercial motor vehicle does not include a fire truck or other emergency fire equipment. 382.107 Confirmation Test - for alcohol testing it means a second test, following a screening test with a result of .02 or greater, that provides quantitative data of alcohol concentration. For controlled substances testinq it means a second analytical procedure to identify the presence of a specific drug or metabolite which is independent of the screen test and which uses a different technique in chemical principal from that of the screen test in order to insure reliability and accuracy. (Gas chromatoqraphy/mass spectrometry (GC/MS) is the only authorized confirmation method for cocaine, marijuana, opiates, amphetamines, and phencyclidine.) NIN STAT Confirmatory Retest - for controlled substances it means a 181.950 third analytical procedure to reconfirm the presence of a Subd.2 specific drug or metabolite. If the test result of the primary specimen is positive, the driver may request that the Medical Review Officer (1�II20) direct the split specimen be tested in any different Department of Health and Human Services (DHHS)-certified laboratory for presence of the drug ( s ) . 382.107 Consortium - an entity, includinq a group or association of employers or contractors,.that provides alcohol or controlled substance testing as required by federal regulations, or other U.S. Department of Transportation alcohol or controlled substances testinq rules, and that acts on behalf of the employers. Controlled 8ubstance - has a meaning assigned by 21, U.S.C. 802 and includes all substances listed on schedules 1-5 as they may be revised from time to time (21 C.F.R. part 1308). 3 14.09 40.3 DHHS - The Department of Health and Human Services or any desiqnee of the Secretary, or Department of Health and Human Services. 40.3 DOT Aqency - an agency (operating administration) of the United States Department of Transportation administering regulations requiring alcohol and/or druq testing in accordance with 49 C.F.R. part 40. 382.107 Driver - any person who operates or maintains a commercial motor vehicle. This includes, but is not limited to: full- time, regularly employed drivers; part-time and temporary drivers; leased drivers and independent owner/operator contractors who are either directly employed by or under lease �to the employer or who operate a commercial motor vehicle at the direction of or with the consent of the employer. For the purposes of pre-employznent/pre-duty testing only, the term driver includes a person applying to the City for employment to drive a commercial motor vehicle. Druq - means any substance (other than alcohol) that is a controlled substance as defined in 49 C.F.R. part 382 in 49 C.F.R. part 40. 40.3 EBT (Evidential Breath Testinq Deviae) - an EBT approved by the National Highway Traffic Safety Administration (NHTSA) for the evidential testing of breath and placed on NHTSA's "Conforming Products list of Evidential Breath Measurement Devices." Employer - the City of Fridley actinq throuqh its City Manager or a designee of the City Manger. FHWA - The Federal Highway Administration. 40.3 MRO - Medical Review Officer. A licensed physician (medical doctor or doctor of osteopathy) responsible for receiving laboratory results generated by an employer�s drug testing program who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate a driver's confirmed positive test result together with driver's medical history and any other relevant biomedical information. 382.io7 Performinq (1�i safetp-sensitive tunction) - a driver is considered to be performing a safety-sensitive function during any period in which the driver is actually performing, ready to perform, or immediately available to perform, or in a state of readiness to perform any safety-sensitive function while on duty. SuYamary Reasonable suspicion - means that the City believes the from appearance, behavior, speech or body odors of a driver are 4 14.10 382.307 indicative of the use of a controlled substance or alcohol based on the observation of at least one (1) supervisor or official who has received training in the identification of behaviors indicative of druq and alcohol use. 382.107 Refus• to Submit (to an alcohol or a aontrolled substanaes� test) - a driver A. fails to provide adequate breath for testing without a valid medical explanation after the driver has received notice of the requirement for breath testing in accordance with the provisions of this part, B. fails to provide adequate urine for controlled substances testinq without a valid medical explanation after the driver hae received notice of the requirement for urine testinq in accordance with the provisions of this policy and federal requlation, or C. enqaqes in conduct that clearly obstructs the testing process. 382-107 Safetp-Sensitive Bunation - any o! the iollowinqs 395.2 Para. 1-7 A. Al1 time at a carrier or shipper plant, terminal, facility, or other property, or on any public property., waitinq to be dispatched, or in a state of readiness.tp. drive and/or maintain a commercial motor vehicle, unless the driver has been relieved from d�ty by the Citys B. All time inspectinq equipment as required by federal regulations or otherwise inspectinq, servicing, or conditioninq any commercial motor vehicle at any time; C. All driving time which shall mean all time spent at the drivinq controls of a commercial motor vehicle in operation; D. All time, other than drivinq time, in or upon any commercial motor vehicle except time spent restinq in a sleeper berth, which shall mean a berth confirming to the requirements of federal regulations; E. All time loadinq or unloadinq a vehicle, supervisinq, or assisting in the loading or unloadinq, attending a commercial motor vehicle being loaded or unloaded, remaininq in readiness to operate the commercial motor vehicle, or in qiving or receiving receipts for shipments loaded or unloaded; F. All time spent performing the driver requirements of the federal statutes related to accidents, 5 14.11 G. All time repairing, obtaininq assistance, or remaining in attendance upon a disabled commercial motor vehicle. 382.107 8crasninq Test (also kno�n as Initial Testj - in alcohol testing, it means an analytical procedure to determine whether a driver may have a prohibited concentration of alcohol in his or her system. In controlled substance testing, it means an immunoassay screen to eliminate "negative" urine specimens from further consideration. Stat• of Readiness - a driver who is on call ready to be dispatched, to perform safety-sensitive functions while on duty. 382.107 8ubstance Abuse Professional - a licensed physician (Medical Doctor or poctor of Osteopathyj, or a licensed or certified psychologist, social worker, employee assistance professional, or addiction counselor (certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission) with knowledge of and clinical experience in the diagnosis and treatment of alcohol and controlled substances- related disorders. Supervisor - the person or persons designated by the City to perform supervisory functions over the City's drivers. 382.107 Violation Rate - the number of drivers found during random tests qiven pursuant to this policy and federal regulatioris to have an alcohol concentration of 0.04 or greater, plus the numb�r of drivers who refuse a random test required by this policy and federal regulations, divided by the total reported number of drivers in the industry qiven random alcohol tests pursuant to this policy and federal regulations, plus the total reported number of drivers in the industry who refuse a random test required by this policy and federal regulations. 3. PROHIBITED CONDIICT Conduct Related to Alcohol 382.505 A. A driver tested under this policy and federal law who is found to have an alcohol concentration of 0.02 ar greater but less than 0.04 shall not perform safety-sensitive functions, including drivinq a commercial motor vehicle. The driver shall not perform safety-sensitive functions until the start of the driver's next regularly scheduled. duty,. but not less than twenty-four hours following administration of the test and the driver will not be compensated durinq the time off. The driver may use benefit hours during the absence, if accrued and available. A detectable alcohol concentration level is in violation of the City of Fridley Drug and Alcohol 0 14.12 Policy and actions also may be taken under the policy, which may be in addition to this policy. 382.201 B. No driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions while having an alcohol concentration of 0.04 or greater. 382.201 C. The City, having actual knowledge that a driver has an alcohol concentration of 0.04 or greater, shall not permit the driver to perform or continue to perform safety-sensitive functions. 382.204 D. No driver shall be on duty or operate a commercial motor vehicle while the driver possesses alcohol in any quantity. 382.205 E. No driver shall use alcohol while performing safety- sensitive functions. 382.204 F. The City, havinq actual knowledge that a driver is usinq alcohol while performing safety-sensitive functions, shall not permit the driver to perform or continue to perform safety-sensitive functions. 382.207 G. No driver shall perform safety-sensitive functions within four hours after using alcohol. 382.207 H. The City, having actual knowledge that a driver has used alcohol within four (4j hours, shall nat permit a driver to perform or continue to perform safety-sensitive functions. 382.209 I. No driver required to take a post-accident alcohol test • because of loss of human life or who receives a citation under state or local law.for a moving traffic violation arisinq from an accident shall use alcohol for eight (8) hours following the accident, or �ntil the driver undergoes a post-accident alcohol test, whichever occurs first. 382.211 J. No driver shall refuse to submit to a post-accident alcohol test, a random alcohol test, a reasonable suspicion alcohol test, or a follow-up alcohol test mandated by this policy and federal law. 382.211 K. The City shall not permit a driver who refuses to submit to the mandated tests under this policy and federal law to perform or continue to perform safety-sensitive functions. f/7 14.13 Conduct Related to Controlled Substances 382.213a A. No driver shall report for duty or remain on duty requirinq the performance of safety-sensitive functions when the driver uses any controlled substance, except when the use is pursuant to the instructions of a physician who has advised the driver that the substance does not adversely affect the driver's ability to safely operate a commercial motor vehicle. 382.213b B. The City, having actual knowledge that a driver has used a controlled substance, shall not permit the driver to perform or continue to perform a safety-sensitive function unless use is permitted pursuant to the written instruction of the physician. 382.213c C. A driver shall inform the driver's supervisor of any therapeutic drug use. 382.215 D. No driver shall report for duty, remain on duty, or perform a safety-sensitive function, if the driver tests positive for controlled substances. 382.215 E. The City, having actual knowledge that a driver has tested positive for controlled substances, shall not permit the driver to perform or continue to perform safety-sensitive functions. 382.211 F. No driver shall refuse to submit to a post-accident controlled substance test, a random controlled substance test, a reasonable suspicion controlled substance test,. or a follow-up controlled substance test mandated by this policy and federal law. 382.211 G. The City shall not permit a driver who refuses to submit to the mandated tests under federal law to perform or continue to perform safety-sensitive functions. 4. TYPLS OF TE8T8 REOIIIRED Pre-employment Testinq 382.301 Prior to the first time a driver performs safety-sensitive also functions for the City, the driver shall undergo testing for review controlled substances. For purposes of this subsection on 382.413 pre-employment testing, the term driver includes, but is not limited to a person applyinq to the City to drive a commercial motor vehicle, a person who has recently obtained a commercial driver's license or a person who has been reassigned or promoted into a position that requires the perPormance of safety-sensitive functions. Any job offer, reassiqnment or promotion to drive a commercial motor vehicle shall be 8 14.14 continqent upon a negative druq test report and the appli- cant�s written agreement authorizinq former employers to release to the City all information on the applicant's alcohol tests with a concentration result of 0.04 or qreater, positive cont�olled substances test resulte, and refusal to be tested, wit#�3ii the precedinq two years. The City also retains the riqht not to hire a driver who has a positive test result and who has not participated and aompleted a counseling or rehabilitation proqram as directed by the driver�s substance abuse professional. Post-�loaident Testinq 382.303 A. Drivers Tested. As soon as practicable followinq an accident involvinq a commercial motor vehicle, the City shall test for alcohol and controlled substances of each survivinq driver: 382.303 (b) (1) 382.303 cb� i2i i. ii. Who was performing safety-sensitive functions with respect to the vehicle, if the accident involved the loss of human life; or Who receives a citation under State or local law for a movinq traffic violation arisinq from the accid�nt, �d the accident involves bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or iii. Who receives a citation under State or local law for a movinq traffic violation arisinq from the accident �,¢ one or more motor vehicles incur disabling damage as a result of the accident requirinq the vehicle(s) to be transported away from the scene by a tow truck or other vehicle. iv. The City may also test under the City of Fridley Druq and Alcohol Policy. B. Alcohol Tests. If a test required by this section is not administered within two hourB follawinq the accident, the City shall prepare and maintain on file a record stating the reasons the test was not promptly administered. If a test required by this section is not administered within eiqht hours followinq the accident, the City shall cease attempts to administer an alcohol test and shall prepare and maintain the same record. Records shall be submitted to the FHWA upon request of the Associate Administrator. C. Controlled Substance Tests. If a test required by this section is not administered within 32 hours followinq the accident, the City shall cease attempts to administer a 0 14.15 382.303 (C) controlled substances test, and prepare and maintain on file a record stating the reasons the test was not promptly administered. Records shall be submitted to the FHWA upon request of the Associate Administrator. D. Readily Available. A driver who is subject to post- accident testing shall remain readily available for such testing or may be deemed by the City to have refused to submit to testinq. Nothing in this section shall be construed to require the delay of necessary medical attention for injured people following an accident or to prohibit a driver from leaving the scene of an accident for the period necessary to obtain assistance in responding to the accident, or to obtain necessary emergency medical care. 382.303 E. Post Accident Information. The City shall provide (d) drivers with necessary post-accident information, procedures and instructions, prior to the driver operating a commercial motor vehicle, so that drivers will be able to comply with the requirements of this section. 382.303 F. Results of Test. The results of a breath or blood test (e) for the use of alcohol or a urine test for the use of controlled substances, conducted by Federal, State, or local officials having independent authority for the test, shall be considered to meet the requirements of this section provided such tests conform to applicable Federal, State or local requirements, and that the results of the tests are obtained by the City. Random Testinq 382.305 A. Minimum Annual Percentage Rate. Except as provided in (a) (1-2) paragraphs (b) through (f) of this Section regarding random testing, the minimum annual percentage rate for random alcohol testinq shall be twenty-five percent (25�) of the average number of driver positions the City has unless changed by the FHWA Administrator. The minimum annual percentage rate for random controlled substance testing shall be fifty percent (50$) of the average number of driver positions the City has unless changed by the FHWA Administrator. 382.305 B. Selection of Drivers. The selection of drivers for (e) random alcohol and controlled substance testing shall be made by a scientifically valid method, such as a random number table of a computer-based random number generator that is matched with driver's social security numbers, payroll identification numbers, and other comparable identifying numbers. Under the selection process used, 10 14.16 382.305 (f) 382.305 (g) 382.305 (h) 382.305 (i) each driver shall have an equal chance of being tested each time selections are made. C. Number of Drivers Selected. The City shall randomly select a sufficient number of drivers for alcohol testing durinq each calendar year to equal an annual rate not less than the minimum annual percentage of twenty-five percent (25�) of drivers unless changed by the FHWA Adzninistrator. For controlled substance testing, the City shall randomly select a sufficient number of drivers for controlled substances testing during each calendar year to equal an annual rate not less than the minimuYa annual percentaqe rate of fifty percent (50�) of drivers. If the City conducts random testing for alcohol and/or controlled substances through a consortium, the number of drivers to be tested may be calculated for each individual employer or may be based on the total number of drivers covered by the consortium who are subject to random alcohol and/or controlled substance testing at the same minimum annual percentage rate under this part or any DOT alcohol or controlled substance testing rule. D. Notice Reqardinq Tests. The City shall ensure that random alcohol and controlled substance testinq conducted pursuant to federal law are unannounced and that the dates for administering random alcohol and controlled substance tests are throughout the calendar year. Drivers may be selected for more than one test per year. E. Test Immediacy. The City shall require that each driver who is notified of selection for random alcohol and/or controlled substance testing proceeds to the test site immediately; provided, however, that if the driver is performing a safety-sensitive function at the time of notification, the City shall instead ensure that the driver ceases to perform the safety-sensitive function and proceeds to the testing site as soon as possible. F. Timinq of Test. A driver shall only be tested for alcohol while the driver is performing safety-sensitive functions, just before the driver is to perform safety- sensitive functions, just after the driver has ceased performinq such safety-sensitive functions, or while the driver is in a state of readiness to perform safety- sensitive functions. Reasonable 8uspicion Testinq 382.307 A. �'ity's Determination Of Reasonable Suspicion Of Alcohol (a) Violations. The City shall require a driver to submit to an alcohol test when the appointing authority has reasonable suspicion to believe that the driver has E�� 14.17 382.307 (b) 382.307 (C) 382.307 (d) violated the provisions of federal law concerning alcohol. The City's determination that reasonable suspicion exists to require the driver to undergo an alcohol test must be based on speci�ic, contemporaneous, articulable observations concerning the appearance, behavior, speech, or body odors of the driver. B. Gity�s Determination Of Reasonable Suspicion Of Controlled Substance Violations. The City shall require a driver to submit to a controlled substance test when the appointing authority has reasonable suspicion to believe that the driver has violated the prohibitions of federal law concerning controlled substances. The City's determination that reasonable suspicion exists to require the driver to undergo a controlled substance test must be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech, or body odors of the driver. The observations may include indications of the chronic and withdrawal effects of controlled substances. C. Trained Supervisor Of Driver. The required observations for alcohol and/or controlled substance reasonable suspicion testing shall be made by a supervisor or an employee of the City who is trained in accordance with federal law. The person who makes the determination or who observes or assists with making the determination that reasonable suspicion exists to conduct an alcohol test shall not conduct the alcohol test of the driver. D. Timina Of Reasonable Suspicion Observations. Alcohol testing is authorized by federal law and this policy only if the observations required by paragraph (1) above are made during, just proceeding, or just after the period of the work day that the driver is required to be in compliance with federal law. The driver may be directed by the City to only undergo reasonable suspicion testing while the driver is performing safety- sensitive functions, just before the driver is to perform safety- sensitive functions or just after the driver has ceased performing such safety-sensitive functions. E. City Drug and Alcohol Policv. If the driver is not performing safety-sensitive functions and reasonable suspicion exists, drivers may be tested for drugs and alcohol under the City of Fridley Drug and Alcohol Policy. 382.307 F. Prompt Administration Of Test. If an alcohol test (e)(1) required by federal law and this policy is not administered within two hours following the determination of reasonable suspicion, the City shall prepare and 12 14.18. 382.307 (e) (2) 382.307 (e) (3) 382.307 if) maintain on file a record stating the reasons the alcohol test was not promptly administered. If an alcohol test required by federal law and this policy is not admini- stered within eight (8) hours following the determination of reasonable suspicion, the City shall cease attempts to administer an alcohol test and shall state in the record the reasons for not administering the test. G. Under The Influence Prohibitions. Notwithstanding the absence of a reasonable suspicion alcohol test under this policy and federal law, no driver shall report for duty or remain on duty requirinq the performance of safety- $ensitive functions while the driver is under the influence of or impaired by alcohol, as shown by the behavioral, speech, and performance indicators of alcohol misuse, nor shall the City permit the driver to perform or continue to perform safety sensitive functions, until: i. An alcohol test is administered and the driver�s alcohol concentration measures less than 0.02; or ii. Twenty-four (24) hours have elapsed following the determination under paragraph (f) of this Section that there is reasonable suspicion to believe that the driver has violated the prohibitions of this policy and federal law concerning the use of alcohol. H. Driver's Behavior And Appearance Absent Test. Except as provided in (q)(2) of this Section, the City shall not take any action under this part aqainst a driver based solely on the driver's behavior and appearance with respect to alcohol use, in the absence of an alcohol test. This does not prohibit the City with independent authority of federal law from takinq any action otherwise consistent with law. I. �Tritten Records Of Observations. A written record shall be made of the observations leading to a controiled substance reasonable suspicion test, and siqned by the supervisor or another City employee who made the obser- vations within twenty-four (24) hours of the observed behavior or before the test results are released, which- ever is earlier. Return-to-Dutp Testinq 382.309 A. Return-To-Duty Alcohol Test. The City shall ensure that (a) before a driver returns to duty requiring the performance of a safety- sensitive function after enqaging in conduct prohibited by federal law or this policy concerning alco- hol, the driver shall underqo a return-to-duty alcohol 13 14.19 382.309 (b) 382.311 (aj 382.321 (b) test with a result indicating an alcohol concentration of less than 0.02. B. Return-To-Duty Controlled Substance Test. The City shall ensure that before a driver returns to duty requirinq the p� erformance of a safety-sensitive function after engaginq in conduct prohibited by federal law or this policy con- �erninq controlled substances, the driver shall undergo � return-to-duty controlled substance test with a result indicatinq a verified negative result for controlled substance use. Follov-up Testinq A. Fe7iow-up Alcohol and/or �ontrolled Substance Test. Followinq a determination that a driver is in need of assistance in resolvinq problems associated with alcohol misuse and/or use of controlled substances, the City shall ensure that the driver is subject to unannounced follow-up alcohol and/or controlled substance testinq as directed by a substance abuse prafessional in accordance with the federal law. B. Timing of Follow-up to Alcohol Test. Follow-up alcohol testing shall be conducted only while the driver is performing safety- sensitive functions, just before the driver is to perform safety-sensitive functions, or just after the driver has ceased performinq such safety- sensitive functions while the driver is in a state of readiness to perform safety-sensitive functio�s. 5. BPECIMBN COLLLCTION PROCBDOREB A. The collection site person shall instruct the driver to provide at least 60 ml (per Medtox instructions) of urine under the split sample method of collection. 40.25 B. The City is required to use the "split sample" method of (f)(10) collection for drivers. Split 8peaimen Prooedure for Controlled Substanae Testinq 40.25 A. The driver shall urinate into a specimen bottle that is (f)(10) capable of holding at least 60 ml. (ii) (a) 40.25 B. The collection site person shall pour the urine into two ( f)( lo ) specimen bottles. Thirty ( 3 0) mi shall be poured into (ii) (b) one bottle, to be used as the primary specimen. At least 15 mi shall be poured into the other bottle, to be used as the split specimen. 14 14.20 40.25 C. If the driver is unable to provide the appropriate (f)(10)(iv) quantity of urine, the collection site person shall instruct the driver to drink not more than 24 ounces of fluids and, after a period of no more than two hours, aqain attempt to provide a complete sample. ,If the driver is still unable to prov,ide a complete san►ple, the testinq shall be discontinued and the City notified. The MRO shall refer the driver for a medical evaluation to determine if the driver's inability to provide a specimen is qenuine or constitutes a refusal to test. For pre- employment testinq, the City may elect to not have the referral made and revoke the employment offer. 40.25 D. Both bottles shall be shipped in a sinqle shipping (f)(lo) container, together with copies 1, 2, and the split (ii)(d) specimen copy of the chain of custody form, to the laboratory. 4 0. 25 (f� (io� (ii) (e) 40.25 (f) (io) (ii) (f) E. If the test result of the primary specimen is positive, the driver may request that the 1�II20 direct that the spl it specimen be tested in a different DI�S-certified laboratory for presence of the druq(s� for which a positive resuit was obtained in the test of the primary specimen. The 1�II20 shall honor such a request if it is made within 7� hours of the driver having been notified of a verified positive test result. F. When the IrII20 informs the laboratory in writinq that �iie driver has requested a test of the split $peci�nen, the laboratory shail forward, to a different ,DHIi.S-approved ' laboratory, the split specimen bottle, with seal intact, a copy of the 1rIIt0 request, and the split specimen copy of the chain of custody entries. 40.25 G. The result of the test of the spli� specimen is (f)(10) transmitted by the second laboratory to the 1�t0. (ii) (g) . 40.25 H. Action required by the regulations as the result of a (fj(10) positive druq test (e.q., removal from performir�g a (ii)(h) safety-sensitive function) is not stayed pendinq the result of the test of the split specimen. 40.25 I. If the result of the test of the split specimen fails to (f)(l0) reconfirm the presence of the druq(s) or drug (ii)(i) metabolite(s) found in the primary specimen, the MRo shall cancel the test, and report the cancellation and the reasons for it to the DOT,�the City, and the driver. 40.29 J. If the result of the primary specimen is positive, the (b)(2) laboratory shall retain the split specimen in frozen storage for 50 days from the date on which the laboratory 15 14.21 40.29 (b) (3) 40.33(f) acquires it. Following the end of the 60-day period, if not informed by the I�tO that the driver has requested a test of the split specimen, the laboratory may discard the split specimen. K. When directed in writing by the MRO to forward the split specimen to another DHHS-certified laboratory for analysis, the second laboratory shall analyze the split specimen by Gas Chromatography/Mass Spectrometry to ieconfirm the presence of the drug(s) or drug metabolite(s) found in the primary specimen. The split specimen shall be retained in long-term storage for one �ear by the laboratory conducting the analysis of the split specimen. Reporting and Review of Results for Controlled substance Testinq A. Confirmation Retest. The 1�II20 shall notify each driver who has a confirmed positive test that the driver has 72 hours in which to request a test of the split specimen if the test is verified as positive. The driver is responsible for all costs associated with the confirmatory retest unless results are not positive. If the results of the confirmatory retest are not positive, the City shall reimburse the employee for the actual cost of the confirmatory retest in an amount not to exceed $100.00. If the driver requests an analysis of the split specimen within 72 hours of having been informed of a verified positive test, the IrII20 shall direct, in writing the laboratory to provide the split specimen to another DHHS-certified laboratory for analysis. If the analysis of the split specimen fails to reconfirm the presence of the drug(s) or drug metabolite(s) found in the primary specimen, or if the split specimen is unable, inadequate for testing or untestable, the 1�II20 shall cancel the test and report cancellation and the reasons to it to the DOT, the City, and the driver. 40.33(g) B. MRO Shall Direct Analysis of Split Specimen. .If the driver has not contacted the 1�t0 within 72 hours, the driver may present to the 1�II20 information documenting that serious illness, injury, inability to contact the 1rIl20, lack of actual notice of the verified positive test, or other circumstances unavoidably prevented the driver from timely contacting the MRO. If the MRO concludes that there is a legitimate explanation for the driver's failure to contact the NII20 within 72 hours, the MRO shall direct the analysis of the split specimen, as applicable, be performed. i6 14.22 Hennepin County policy, page 7 C. MRO Unable to Contact Driver. If, after making reasonable efforts and documenting these efforts, the MRO is unable to reach the driver directly, the 1rII20 must contact the designated City contact person, who shall direct the driver to contact the MRO. If the City contact person is unable to contact the driver, the driver will be placed on suspension. D. �lRO Mav Verifv Positive Test. The I�tO may verify a test positive without havinq communicated directly with the driver about the test results under the following circumstances: i. The driver expressly declines the opportunity to discuss the test results. ii. The driver has not contacted the 1rIIt0 within five days of being instructed to do so by the City. 6. ALCOHOL TESTING Hennepin County policy, page 7. The FHWA alcohol test rules require breath testing administered by Breath Alcohol Technician (BAT) usinq an Evidential Breath Testing Device (EBT). Two breath tests are required to deterraine if a person has a prohibited alcohol concentration. Any result less than 0.02 aicohol concentration is considered a"negative" test. If the alcohol concentration is 0.02 or greater a second confirmation test must be conducted. If the driver attempts and fails to provide an adequate amount of breath, the City will direct the driver to obtain written evaluation from a licensed physician to determine if the driver's inability to provide a specimen is genuine or constitutes a refusal to test. Alcohol test results are reported directly to the designated City contact person. 7. CONFIDENTIALITY Hennepin County policy, page 10 All alcohol/controlled substances test results and required records are considered confidential information. Any information concerning an individual's test results and records shall not be released without the written permission of the individual except as provided for by regulation or law. 17 14.23 8. CONSEQUENCEB FOR DRIVERS ENGAGING IN PROHIBITSD CONDIICT 382.501 A. Removal from Safety-Sensitive Function. Except as (a) provided in federal law, no driver shall perform safety- sensitive functions, including driving a commercial motor vehicle, if the driver has engaged in conduct prohibited by federal law or this policy or an alcohol controlled substance rule of another Department of Transportation agency. 382.501 B. �rohibition of Safety-Sensitive Functions. The City (b) shall not permit any driver to perform safety-sensitive functions, including drivinq a commercial motor vehicle, if the City has determined that the driver has violated federal law. C. Refusal to Submit. If the driver refuses to undergo required testing under federal regulations, no test shall be given, and the driver's supervisor shall recommend to the City Manager that the driver be discharged from employment on grounds of insubordination. In the case of a job applicant applying to drive for the City, if the applicant reEuses, no such test shall be given, and the job applicant shall be deemed to have withdrawn the application for employment. MN Stat. D. 181.953 Subd. 11 Pre-employment Test. Job Applicants (Includinq Those for Promotion1. The City of Fridley will not withdraw an offer of employment or promotion to a driver position made contingent on the j ob applicant passing drug testing based on a positive test result from an initial screeninq test tiiat has not been verified by a confirmatory test. Where there has been a positive test result in a confirmatory test and in any confirmatory retest (controlled substances only), the City will withdraw the contingent offer of employment or promotion to a driver position if the City determines in accordance with the Minnesota Human Rights Act that drug usage or abuse prevents the job applicant from performinq the safety-sensitive functions of the job in question. 181.953 E. Other Tests. The City of Fridley will not discharge, Subd. 10 (b) discipline, discriminate-against, or request or require rehabilitation of a driver solely on the basis of a positive test result from a screening test that has not been verified by a confirmatory test. Where there has been a positive test result in a confirmatory test and in any confirmatory retest (controlled substances only), the City may do the following: 18 14.24 181.953 i. First Positive Test Result. Give the driver an Subd. 10 opportunity to participate in either a drug or (b)(i) alcohol counseling or rehabilitation proqram, whichever is more appropriate. The City through its Employee Assistance Program or an Employee Assistance Program provided under the employee's benefit plan may determine which program is more appropriate after consultation with a Substance Abuse Professional or physician trained in the diagnosis and treatment of chemical dependency. Participation in a counseling or rehabilitation program will be at the driver's own expense or pursuant to coverage under the driver's own benefit plan. If the driver either refuses to participate in the counseling or rehabilitation program or fails to successfully complete the program, as evidenced by withdrawal from the program before its completion or by a positive test result on a confirmatory test after completion of a program, and alcohol or druq abuse prevents the driver from performinq the safety-sensitive functions of the job in question, the driver's supervisor shall recommend to the City Manager that the driver be discharged from employment. ii. Second Positive Test Result. Where alcohol or druq abuse prevents the driver from performing the safety-sensitive functions of the job in question the driver's supervisor shall recommend to the City Manager that the driver be disciplined; including, but not limited to, discharge from employment. iii. Suspensions and Transfers. Notwithstandinq any other provision herein, the City may temporarily suspend the tested driver with pay for up to ninety (90j days or transfer that driver to another position at the same rate of pay pendinq the outcome of the confirmatory test and, if requested, the confirmatory retest (controlled substances only) and, provided the City believes that it is reasonably necessary to protect the health or safety of the driver, co-employees or the public. iv. Other Misconduct. Nothing in this policy limits the right of the City to discipline or discharge a driver on grounds other than a positive test result in a confirmatory test arising from the same or other incident, including, but not limited to a conviction under any criminal drug statute for a violation occurring in the workplace. 19 14.25 9. PENALTIES 382.507 Criminal penalties shall be as prescribed by 49 U.S.C. Sec. 521(b)(2), which provides that an employee who knowingly and willfully violates the Omnibus Transportation Employee Testing Act while operating a commercial motor vehicle by activities that have led or could have led to death or serious injury is subject to the statutory criminal sanctions. 10. REFERRAL, EVALIIATION. AND TREATMENT 382.605 A. Resource Advisory. Each driver who engages in conduct (a) prohibited by federal law and this policy shall be advised by the City of the resources available to the driver in evaluating and resolving problems associated with the misuse of alcohol and use of controlled substances, including the names, addresses, and telephone numbers of substance use professionals and counseling and treatment programs. 382.605 B. Evaluation By A Substance Abuse Professional. Each (b) driver who engages in conduct prohibited by federal law and this policy shall be evaluated by a substance abuse professional who shall determine what assistance, if any, the driver needs in resolving problems associated with alcohol misuse and controlled substance use. 382.605 C. (c) (1) 382.605 Return-To-Dutv Testing And Assistance. i. Before a driver returns to duty requirinq the performance of a safety-sensitive function after engaging in conduct prohibited by a federal law or this policy, the driver shall undergo a return-to- duty alcohol test with the result indicating an alcohol concentration of less than 0.02 if the conduct involved alcohol, or a controlled substance test with a verified negative result if the conduct involved a controlled substance. ii. In addition, each driver ident��)�s-me�ding assistance in resolving problems associated with alcohol misuse or controlled substance use: a. Shall be evaluated by a substance abuse professional to determine that the driver has properly followed any rehabilitation program prescribed under federal law and these rules; and b. Shall be subject to unannounced follow-up alcohol and controlled substance testing administered by the City following the driver's 20 14.26 382.605 (d) 382.605 (e) return to duty. The number and frequency of such follow-up testing shall be as directed by the substance abuse professional, and consist of at least six (6) tests in the first twelve (12) months following the driver's return to duty. The City may direct the driver to undergo return-to-duty and follow-up testing for both alcohol and controlled substances, if the substance abuse professional determines that return-to-duty and follow-up testing for both alcohol and controlled substances is necessary for that particular driver. Any such testing shall be performed in accordance with the requirements of 49 C.F.R. Part 40. Follow- up testinq shall not exceed sixty (60) months from the date of the driver's return-to-duty. The substance abuse professional may terminate the requirement for follow-up testinq at any time after the first six (6) tests have been administered, if the substance abuse professional determines that such testing is no longer necessary. D. Evaluation and Rehabilitation. Evaluation will be provided by the City's Employee Assistance Program and paid for by the City if not covered under an employee's benefit plan. Any recommended participation in a counselinq or rehabilitation program will be at the driver's own expense or pursuant to coveraqe under an employee's benefit plan. E. Conflict Of Interest Of Substance Abuse Professional. The City shall ensure that a substance abuse professional who deterraines that a driver requires assistance in resolving problems with alcohol misuse or controlled substance use does not refer the driver to the substance abuse professional's private practice or to a personal organization from which the substance abuse professional receives remuneration or in which the substance abuse professional has a financial interest. This paraqraph does not prohibit a substance abuse professional from referring a driver for assistance provided through a public agency, the City or a person under contract to provide treatment for alcohol or controlled substance problems on behalf of the City, the sole source of therapeutically appropriate treatment under the driver's health insurance program; or the sole source of therapeutically appropriate treatment reasonably accessible to the driver. 382.605 F. Inapplicability Of Section. The requirements of this (f) section with respect to referral, evaluation, 21 14.27 rehabilitation do not apply to applicants who refuse to submit to a pre-employment controlled substance test or who have a pre-employment controlled substance test with a verified positive test result. il. APPEALB PROCEDIIRE A. Concerning disciplinary actions taken pursuant to this City of Fridley Policy implementing the Federal Omnibus Transportation Employee Testing Act and related regulations available appeal procedures are as follows: i. �emporary Employees. Temporary or seasonal employees shall have no right of appeal. ii. Non-veterans on Probation. An employee who has not completed the probationary period and who is not a veteran has no right of appeal. iii. Non-veterans after Probation. A regular employee who has completed the probation period and who is not a veteran has a right to utilize the City of Fridley's qrievance procedure or the grievance procedure included in the applicable collecti�e bargaining agreement. iv. Veterans. An employee who is a veteran has a right to appeal to the City Manager a permanent demotion (including salary decreases), ar a discharge, if the employee submits a notice of appeal within sixty (60j calendar days of the action, regardless of status with respect to the probationary period. An employee who is a veteran may have additional rights under the Veteran's Preference Act, Minn. Statutes 197.46. B. All notices of appeal not covered under a collective bargaining agreement must be submitted in writing to the Assistant to the City Manaqer, City of Fridley, 6431 University Avenue N.E., Fridley, MN 55432 who shall provide an appropriate hearing. C. An employee who is covered by a collective bargaining unit may elect to seek relief under the terms of that agreement by contacting the appropriate union and initiating grievance procedures in lieu of takinq an appeal to the City Manager. 12. GOOD FAITH EFFORT The City of Fridley will make a continuing good faith effort to maintain a drug-free workplace through the implementation � 14.28 of the City of Fridley Policy Implementing the Federal Omnibus Transportation Employee Testinq Act and Related Regulations. This policy implementinq the federal Omnibus Transportation Employee Testinq Act is based upon final federal regulations at the time of the adoption of this policy. Any revisions in the federal rules shall take precedence over this policy to the extent that the policy has not incorporated the revised rules. 23 14.29 SERV[CE AGREEMEIVT AGREEMENT_ dated tl�is of . t99i, b�- and tiet�vicen Kerr Transportation Sen�ices. Inc.. dba METRO-'iEST. a Minncsota Cor}�oration. tOi-�> 11(1th Strcct Norih_ Stithvater MN �i0£�2, (hcrcin "METRO-TEST"). and C,�ty � fi�'u-d�ey �� liosc address is 6431 Uv�,i_ve�r,s,i�y Aveveue N. �. ' _ _ . (herein the "Cih ") In consideration for lhc mutual promiscs and co�•enants contained herein the parties agrce to the fo(lo�ving provisions l. METRO-TEST RESPONS[B(L[TIES. METRO-TEST agrees to provide to Cin� tlie sen�ices. forms or materials ntore specifcall�• set forth in the attached Schedale A tvhich shall be made a part of this eoairact. These sen�ices shal! be limited to records administration, recordkeeping and generation of various notification letters and imoices. Consulting services are not inctuded in this abreement and ma�� Ue pro��ided under a separate agreement, if desired. 2. CITY RESPONSIBILITIES. Cih� agrees to cooperate with Metro-Test in the exchange of information necessary for the full comp(iance �vith the federal and State drug testing regulations. City agrees to pa�- Metro-Test for its sen-ice ��ithin se��en da��s of receipt of Metro-Test im�oices. Cit� AGREES to pay a service charge for unpaid balances equivalent to 1% a month and unpaid balance per calendar month. City agrees to pa}� Metro-Test for services pursuant to the charges set forth in tl�e attached Schedule A. Prices «-i11 be subject to change upon 60 day prior written notice. If Metro-Test is required to colleci unpai@ balances through initiation of a lawsait, Metro-Test shall have the right to coilect reasonabte atiorney's fees. �. WARRANTIES OF CITY. The Cin� ��arrants to Metro-Test that the person signing this agreement is the person dul�� authorized b�- the City to enter into this agreement City warrants thai it will remain in full compliance with all applicable federal and State laws. City warrants to MetraTest that all informaUOn provided to Metro-Test shall be complete and accurate and represents the most updated information available. �. DEFAULT. If the Cin� fails or refi�s io perform under the provisions of this agreemenL whether or not material, Metro-Test ma�� terminate this agreement by providing ten day written no6ce. �. TERM. Unless earlier terminated pursuant to the pro�zsions of this agreement, this agreement sha(1 be in full force for one year from the date shown first above. Any party hereto may terminate this agreement. «�ith or writhout cause, by providing to the other pari�� not less than sixty day ��ritten notice. 6. NOTICES. Any natice given under this agreement shall be effective if sent by mail on the date of posting the same by United States mail, and if by personal delivery on the date of such delivery. Any and all notices required under this contract shall be in writing and shall be delivered to the parly entided to receive ihe same by hand or by United States mail addressed to the addresses shoci�n first above. 7. WAIVER/MODIFICATION. No officer, employee or agent of the parties has the po�ti�er, right or authority to �vaive an}- of the conditions or cliange, vary or �vaive anv of the pro��isions of this agreement, nor sha(I an�� custom �vith or ��-itliout kno�+-ledge of such part}� have the e(�ect of changing, modifying or waiving or foregoing an_y condilion or provision to this agreement. The terms of this agreement shall bind the parties hereto and their heirs, representatives and assigns. This agreemeni shall not be modified or assigned except in �vriting and endorsed by both paRies or upon GO-day notice for price changes onl�•. 8. ENTIRE AGREEMENT. This agreement expresses the entire agreemeni beiween die parties, there being no representations. «arranties or oti�er agreements, oral or wriiten, not espressively set foRh or pro�•ided for herein. �14.30 �1. SGVERAB[LtTY. It is agrced b�� the pariics tl�at if an1' part. tcrm or provision of this agrecnient is hcld b�� the courts to be illegal or in conflict �+�ith an�� la�v° or the state or fedcral go��ernment, the ealidit�� of the remaining portions or pro��isions sha(I not be affected. and the rights and obligations of thc parlics shatl bc construcd and enforccd as if the agreement did not contain the parlicular part. term or provision held to be im-alid. 10. (NDEMN[FICATION. City agrees to indemnifv and liold harmless Metro-Test, its agents, customers and emplo��ees against exccpt such clainis arising out of Metro-Test's sole negligcncc asscrted against Metro-Test hereto: a. b� an� othcr part�� or entih�. or b. bv am agcnt or emplo��ee of tlie Cit�� M:ETRO-TEST agrees to indemnif�� and hold harmless Cit�� against am� liabilit�� in connection ��ith [his agreement_ to the c�tcnt aus'sbutable to the sole ��°rongful act or nealigence of Metro-Test. l 1. GOVERNING LAW. JURISDICTION. AND VENUE. This agreement shall be deemed to be an agreement made uader the la��s of the state of Minnesota and an}• legal action arising out of this agreement shall be brought in Elennepin Counly. Minnesota. 12. LIMITATIONS ON ACTION. Legal actions relating to the performance under this agreement may be brought no later than t�vo ��ears from the date the cause of actions accrues. 13. SURVIVAL OF TERMS. All pro�isions relating to N�arranties and indemnification contained in this agreement shail sun•ive termination of this agreement for a period of six years after the date of termination. IN WITNESS WI�REOF, the parties have e�.ecuted this Agreement by their duly authorized representatives the da_y and ��ear first abo��e ��•ritten, in duplicate. Kerr TranspoRation Services, Inc. City: Fn-c-d.eey dba Metro-Test B�• Tide BY G).i,�i.am J. Nee Title �ayo�t 8y - c.i�y Managex w.i,e�.am w. $�.na 14.31 � METRO - TEST SCHEDULE A IN SERVICE PROV[SiOf�tS L Assistance in the development of ��ritten po(icyo un drug/alcohol testing. 2. Assistance in the deti�clopment of Cit�� procedures for operation and administration of thc drus,,�/alcohol testing program. 3. Training program "SAFETY [S THE PRIMARY ISSIJE II - Reasonable Suspicion Alcohol Testing" to compl}• �rith supemisor lraining requirements. 4. Ongoing updates of changes in drug/alcohol testing regulations as they occur. COST $189.00 DRUG TESTING SERVICES 1. Specimen collection cost. 2. Drug tests performed by a laboraton� certified by the Substance Abuse and Mental Health Senrices Administration. 3. Medical revie�v officer for rec�iew, interpretation of drug test results. 4. Blind samples submitted as required by the U S Department of Transportation. 5. Copies of the test results for persons tested. 6. Full federal recordkeeping in format required by federal regulafions. 7. Forms and papenvork for each test. 8. Collection containers and shipping materials. 9. Ovemight transportation of test specimens to the testing laboratory. 10. Full recordkeeping in format ac�epted by the Federal Highway Administration. PRICE PER DRUG TEST �39.00 if SmithKline Beecham owned facility is used for specimen cotiection. PRICE PER DRUG TEST $58.00 if SmithKline Beecham owned facility is not used for specimen collection. PRICE PER ALCOHOL TEST: Cost plus �2.00, not to exceed 30.00. This schedule is made part of the Metro-Test agreement dated Kerr Transportation Sen�ices, Inc. City �n-i-�ey L� � 14.32 •+�: • � •� • ��• 1 �; ••1�;5i• �� 1 1•.•,� � 5' 1�1 ' � r• �: I� :r. t F �: •1' a�. �'1�1'�5�1' . ��I �:1'.� • ' N'J;iiB1. 1y1•.• ��' �r I:A ',• :r • �S, a pet.iticn w�s reoe.ived f�xn the resideirt-s cn Stonybroak Cree.k on May 15, 1995 aryd Nuvember 27, 1995, and W�iB, the petitions request that Stonybrook Cree.k be upgraded to include partial concxete pipe and partial c�pen ditch, ar�d �15, the petitica�s establish an assessrent far� the i�rave�nerit at a oost of $2, 000 per lot to be assessed over a 15 year period, ar�d W�REAS, the petitiorLS also waive rights for a natioe of a public Yvearirig � this impravement, ar�d �S, t2�e City C�cxu�cil has determir�ed a need to upgrade this sectioaz of Storiybrook Cree.k to maintain it in a safe oonditiari arid at a reasor�able vost. NO�P, T�EFO�, BE IT RESOLVED �T, th�e City Cau�cil of the City of Fridley, Anoka do�unty, Minnesata, as follaws: 1. Zhat the follawirig ii�move�nents pro��osed by Petition No. 6A - 1995 ar�d Petition No. - 1995 are hereby ordered to be effec.�ted and ooampleted as soori as �ly possible, to wit: Stonybrook C�eek impravements inclu�ding e�acavatiaaz, 9radin5� filling, b�nk stabi.lizatiarl� settlirig I�ools� ao�'=te PiPer storm Sew�x sy5t�lt. larydsc:aP�X1� and other facilities. 2. 73zat the work to be perFoYmed iu�der this project may be perforimed under one or m�re �tracts as may be dee�rtied advisable upon reoeipt of bids. 3. Zi�t ti�e Public Worlcs Dir�r, Jd�m G. Flora, City Hall, F�idley, Minnesota, is Y�y d�sic�ated as the F�gir�eer far this itt�rovement. Iie shall prepar�e f; *�l plans and specificatioals ar�d adverti5e for tt�e making of such in�rwements. _ -�:�� • u • �• • �+� r:�- a •r�i �+� •i• �:i: w •�- • �. r:� : �,. � . ATl'F�T: [i��i: u . «.►0 u1C: �YY M BIC . 15.01 WILLIAM J. NEE - N�iYOR TO: FROM: DATE: SUBJECT: Engineenng Sewer Wa�er Parks Slreets Maintenance � I I�; � I�� I: :� \ II► ti�ul William W. Bums, City Manager �� v John G. Flora,� Public Works Director November 27, 1995 Design of Water Treatment Facility of Well No. 12 PW95-324 Tom Roushar of Maier Stewart & Associates (MSA) has been involved with the City's water distribution system since 1989. During that time they have reviewed our water distribution, designed and built our 1.5 MG water storage reservoir, updated the Locke Pazk filter plant for manganese and iron filtration, designed the 63rd Avenue booster station, implemented the SCADA system for our water distribution system, and designed the S3rd Avenue booster station Since Council has decided to filter Well No. 12 as a means of providing approximately 8 MG of filtered. water to meet our major water demands, we have requested MSA to submit a bid for design, construction and inspection for a filter plant for Well No. 12. MSA has provided a maximum contract amount of $12S,46S for the preliminary work, design and construction services for a filter plant for Well No. 12. This is 10.6% of the estimated construction cost. As a means of expediting the design of the filter plant for Well No. 12 and to provide for a 1996 summer construction, recommend City Council consider the proposal and authorize the contract with Maier Stewart & Associates for design of Well No. 12 filtration plant at a cost of $128,465. JGF:cz � 16.01 I� .�► •. .,�, ,