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03/31/1997 - 4780� UTYOf rr��r FRIDLEY CITY COUNCIL MEETING ATTENDENCE SHEET Manday, Manch 31, 1997 7:30 P.M. PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN ITEM pvT�.rm un�urF trr.F.ART,Y) ADDRESS NUMBER � � «n � FRIDiEY FBiDLEY CITY COUNCIL MEEI7NG O� MARCH 31,1997 The City of Fridley will not discriminate apainst or ha�ass anyone in the admission or access to, or treahnent, or employment in its services, programs, or activities because of race, coMr, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assi�. Upan request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's seavic�, programs, and activities. Hearing impaired petsons who need an interpreter or other persons wid� disabilities who requi�e a�ixiliary aids should contact Roberta Cotlins at 572-3500 at least one week in advance. (TTD/5?2-3534) PLEDGE OF ALLEGIANCE. APPROVAL OF MINUTES: City Council Meeting of March 3, 1997 .•-;• _ • -�•-• � •1 s _ �� • � _ ._ Second Reading of an Ordinance Amendment Recodifying the Fridley City Code, Chapter 114, Entitled "Abandoned Motor Vehicies,� by Amending Se�tion 114.01, °Policy° ............:.... 1.01 -1.02 FRIDLEY CITY COUNCIL MEETING OF MARCH 31 _ 1 qq� o.,,,,, � . ��.. �.. APPROVAL OF PROPOSED CONSENT AGENDA NEW BUSINESS• Receive the Minu#es of the Planning Commission Meeting of February 19, 1997 ....................................2.01-2.23 Receive the Minutes of the Planning Commission Meeting of March 5, 1997 . . . . . . . . . . . . . . 3.01 - 3.08 Plat Request, P.S. #97-01, by Steiner Development, to Replat Property Generally Located at 193 - 223 Osborne Road N. E. (Ward 3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.01 - 4.09 Resolution Approving a Comprehensive Plan Amendment, CPA #97-01, to Change Land Use Designation from Commercial to Industrial in the City's Comprehensive Plan, GeneraHy Located at 1155 - 73 '/ Avenue N.E. (Ward 3) . . . . . . . . . . . . . . . . . . . . . . . . 5.01- 5.07 FRIDLEY CITY COUNCIL MEETING OF MARCH 31, 1997 APPROVAL OF PROPOSED CONSENT AGENDA• NEW BUSINESS (CONTINUED� Page 3 Approve Appointment #o the North Suburban Consumer Advocates for the Handicapped (NSCAH) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6.01 - 6.02 Resolution Appropriating Municipa! State Aid Funds for the Engineering and Design of a Joint City of Fridley and Minnesota Department of Transportation Intersection Improvement Project . . . . . . . . . . . . . . . . . . . . . . . . . . . 7.01 - 7.02 Receive Bids and Award Contract #or Miscellaneous Concrete Curb and Gutter and Sidewalk Project No. 305 . . . . . . . . . . . . . . . . . . . . . 8.01 - 8.02 Receive Recommendations from Springsted Regarding #he Sale of $9,575,000 General Obligation Tax Increment Refunding Bonds, Series 1997A; and $1,175,000 General� Obligation Wafer Revenue Refunding Bonds, Series 1997B . . . : . . . . . . . . . . . ............9.01 FRIDLEY CITY COUNCIL MEETING OF MARCH 31, 1997 NEW BUSINES ( ONTINUEp) Page 4 Resolution Initiating the Process for the Sale of the City's $9,575,000 Generai Obligation Tax Increment Refunding Bonds, Series 1997A ...--•• ....................10.01-10.02 Resolution initiating the Process for the Sale of the City's General Obiigation Water Revenue Refundi�g Bonds, Series 1997B . . ................................11.01-11.03 Resolution Approving and Authorizing Signing an Agreement Establishing Working Conditions, Wages and Hours of Employees of the City of Fridley Fire Department for the Years 1996, 1997 and 1998 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12.01 - 12.23 Appointments: City Empioyees . . . . . , . . . ............13.01 1 � FRIDLEY CITY COUNCiL MEETING OF MARCH 31, 1997 Page 5 APPROVAL OF PROPOSED CONSENT AGENDA• NEW BUSINESS (CONTINUED� Claims ....................................14.01 Esti mates: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15.01 ADOPTION OF AGENDA: • ' • ' 11 • � (Consideration of ltems not on Agenda -'15 Minutes) PUBLIC HEARING: Issuance of a Beer License to Sidco Food Company, L.L.C. (D/B/A Holiday Food Company), �ocated at 250 - 57th Avenue N. E. (Ward 3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16.01 -16.02 � . � . FRIDLEY CITY COUNCIt MEETING [�F MeQrru �� .�a�� --- -- --- - - • � ..,.,. raye o NEW BUSINESS� First Reading of an Ordinance of the City of Fridley, Minnesota, Adopting the Prevailing Hours of Labor and Prevailing Wage Rate on Certain Projec#s for or Within the City . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17.01 - 17.04 Variance Request, VAR #97-02, by Dave Ryan, to Reduce the Front Yard Setback from 35 Feet to 18 Feet, and to Aliow an Accessory Structure in the Front Yard, ail in Order to Allow the Construction of a Two-Car Garage Generaliy Located at 119 Hartman Circle N.E. (Ward 3) . . . . . . . . . . . . . . . . . . . . . . 18.01 - 18.22 Approve Agreement for Curbside Recycling Services Befinreen the City of Fridley and Was#e Management; Incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19.01 - 19.21 Informai Status Reports ADJOURN- ..............�................20.01 FRIDLEY CITY COUNCiL MEETING OF iNARCH 31, 1997 �-�'`t�� v a �� F�� The City of Fridiey will not discriminate against or harass anyone in the admission or access to, or treatrnent, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, mariial 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 pecsons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD1S72-3534) PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES• City Council Meeting of March 3, 1997 r'' ,',,-e_.,-.�„�<-� c:_._. �� '`„ � APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS: Second Reading of an Ordinance Amendment Recodifying the Fridley City Code, Chapter 1i4, Ent+tled "Abandoned Motor Vehicles,° by Amending Section 114.01, "Policy" . . . . . . . . . . . . . . 1_01 - 1.02 ' '' �'^� �� n"' �-`'�� r .'�"�k" �- G� �`"' ", ,�- � �-��--�-�... , NEW BUSINESS: Receive the Minutes of the Planning Commission Meeting of February 19, 1997 . . . . . . . . . . . . . . 2.01 - 2.23 .,�-.<:^. �,....� Receive the Minutes of the Planning Commission Meeting of March �, � 997 � . . . . . . 3.01 - 3.08 J�<�.�. . NEW BUSINESS (CONTINUEDj� Plat Request, P.S. #97-01, by Steiner Development, to Replat Property Generally Located at 193 - 223 Osborne Road N.E. (W�3rd 3) . . . . . . . . . . . . 4.01 - 4.09 ��ti-�,.-�-� - , ,��' � , � Resolution Approving a Comprehensive Plan Amendment, CPA #97-01, to Change Land Use Designation from Commercial to Industrial in the City's Comprehensive Plan, Generally Located at 1155 - 73 % Avenue N.E. (Ward 3) . . . . . . . . 5.01 - 5.07 G�._.��7�'�� `�. _ Approve Appointment to the North Suburban ConsumerAdvocates for the Handicapped (NSCAH) . . . . . 6.01 - 6.02 , ,i `/ . � . �:;1 % � � �� . / � � Resolution Appropriating Municipal State Aid Funds for the Engineering and Design of a Joint City of Fridley and Minnesota Department of Transportation Intersection Improvement Project . . . . . . . . _ . 7.01 - 7.02 �-`.'!'�� , Receive Bids and Award Contract for Miscellaneous Concrete Cu�b and Gutter and Sidewalk Project No. 305 ... 8_01 - 8.02 ��""_"� �� i+ti,..u-�-c �'-_...,�....� � s� ��"` �� APPROVAL OF PROPOSED COtJSFf�lT AGENDA: NEW BUSINESS (CONTlNUED)• Receive Recommendations from Springsted Regarding the Sale of $9,575,000 General Obligation Tax increment Re#unding 8onds, Series 1997A; and $9,175,000 Ge�eral Obligation Water Revenue Refunding Bonds, Series 19976 . . . . . . . . . . 9.01 �,r=f��--�� ADOPTION OF AGENDA: Cfi._y� ��- �� ✓s.��,�".� OPEN FORUM. VISITORS• (Consideration of items not on Agenda - 15 Minutes) r--� 1 ��---�� 1�.�.,,.,, ,�.�-�- , --- ,,..,�,�--� `n !�� l� .dz` PUBUC HEARING: v - Resalutio� lnitiating the Process for the �ssuance of a Seer License to Sidco Sale of the City's S9,575,000 General Food Company, LL.C. {D/8/A Hoiiday Obligation Tax lncreman; Refunding Food Company), Located at 2�0 - 5':h Bonds, Series 1997�, . . . . _ _ . _ . Avenue N.E. {Ward 3; 16.01 - 15.02 . 10.01 - 10.02 l�� r �``� �a — Resolution Initiating tne Pro:ess for the Sale of the City's G�nera! Obligation Water Revenue Refunding Bonds, Series 1997B . . . . . . . . . . 91.01 - 11.03 �_ � L �-.�,,f / �� . Resolution Approving and Authorizing Signing an Agreement Establishing Working Conditions, Wages and Hours of Employees of the City of Fridley Fire Department for the Years 1996, 1997 ar�d 1998 . . . . . . . . . . . . . . 12_01 - '12_23 �� G r �,. �. , Appointments: City Employees . .� 13.01 ,,��„�--�.._w�-�--�� Claim � ... ...........14.01 Estimates: �� p� �_,_� �-c--�'-�--� !�� ,,, ��.---;; =-�J �/� � ..2�� ... 7 ��,.� NEW BUSlNESS� ^ � J� First Reading of an Ordinance or th2 City of Fridiey, Minnesota, Adopting the Prevailing Hours of Labor and Prevailina Wage Rate on Certain Projec#s for or Within the City . . . . . . . . . . . . . . 17.01 - 17.04 l� � • CG, ��U-� � �,�--�,.= - .�'"�'2-� . Va�iance Requesi, VAR #97-02, by Dave Ryan, to Reduce the F�on# Yard Setback from 35 Fee# to i8 Feet, and to Allow an Accessory Structure in the Front Yard, att in Onder to A11ow the Construction of a Two-Car Garage Generally Located at �19 Ha�tman CirGe N_E. (Ward 3) . .. 18.01 - 18.22 `�%%'""—� �`^�-t��- �-�� Approve Agreement for Curbside Recycling Services Between the City of Fridley and Waste Management, Incorporaied _ . . . . . . . - - - 19.01 - 19.21 !t-/� Informal Status Report� _ _ . . . . . 20.01 �� S �c,�z�. ��--�-Y� �°-�-�- s�2 -� � � � �i� .-�-�-,�---�.r �� . �.� ; ��-�'z'zP AOJOURN: �� ,� �� .I � THE MINUTES OF THE REGU7,Al2 MEETING OF THE FRIDLEY CITY .COUNCIL OF MARCH 3, 1997 The Regular Meeting of the Fridley City Council was called to order by Mayor Jorgenson at 7:30 p.m. PLEDGE OF ALLEGIANCE: Mayor Jorgenson led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: MEMBERS ABSENT: PRESENTATION: Mayor Jorgenson, Councilman Billings, Councilwoman Bolkcom None Councilman Barnette, Councilman Schneider and PASTOR AI, SCHOONOVER - V�I,UES FIRST PROGRAM: Pastor Al Schoonover reviewed the Values First Program and felt it was significant to the health and life of the community. Seven core values have been defined which are responsibility, nonviolence, self-control, citizenship, integrity, respect and caring. He said that 15 to 25 percent of students have no way of identifying the core values, and it is everyone's responsibility to rebuild these values. Their vision is for a safe and healthy community which involves neighborhoods, f'aith communities, city and county serdices, businesses, schools, health care, and senior, community, and youth organizations. Pastor Schoonover stated that children watch television for more hours than they spend in school, and he does not like the values seen on television. It is hoped that this can be changed through the Values First Program. He pointed out some significant things that have happened in our community, as well as others. One event was the donation of roses by Schaaf Floral which were to be shared with others. Pastor Schoonover reviewed some of the accomplishments of the Values First Program. This movement is growing rapidly, and Project Safety Net is a great asset. c;rants have been received from Allina Foundation, Medtronic Foundation, Juvenile Justice, Mercy/Unity Hospitals, Norwest Foundation, and Northeast State Bank. In addition, in-kind administrative services are being contributed to this program through the school districts, cities, and Anoka County. On Apri1 30 and May ;_ there will be a concert for kids scheduled by KARE 11. If any�ne is interested in the Values First Program, additional information can be obtained by calling 636-5694. FRIDLEY CITY COUNCIL MEETING OF MARCH 3, 1997 PAGE 2 APPROVAL OF MINUTES: COUNCIL MEETING, FEBRUARY 24, 1997: MOTION by Councilman Schneider to approve the minutes as presented. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS: 1. ORDINANCE NO. 1091 TO AMEND THE CITY CODE OF THE FRIDLEY, MINNESOTA, BY MAKING A CHANGE IN ZONING REQUEST, ZOA #96-02, BY KE CITY OF DISTRICTS WARD 3 ) : . Mr. Burns, City Manager, stated that this rezoning is from CR-1, General Office, to M-1, Light Industrial to allow the construction of a 22,945 square foot warehouse. The first reading was approved on February 24 with stipulations, and staff recommends approval of the second reading. WAIVED THE READING AND ADOPTED ORDINANCE NO. 1091 ON THE SECOND READING AND ORDERED PUBLICATION. 2. ORDINANCE NO. 1092 TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY,. MINNESOTA, BY MAKING A CHANGE IN ZONING DISTRICTS (REZONING REQUEST, ZOA #96-01, BY AL SCHRADER) (WARD 2?: Mr. Burns, City Manager, stated that this rezoning is from C-3, General Shopping Center, to M-1, Light Industrial to allow the construction of a 30,455 square foot self-storage facility. This is an "L" shaped property located at the intersection of 73-1/2 Avenue and Highway 65. The first reading was approved by Council on February 24 with stipulations, and staff recommends approval of the second reading. WAIVED THE READING AND ADOPTED ORDINANCE NO. 1092 ON THE SECOND REP.DING AND ORDERED PUBLICATION. NEW BUSINESS: 3. RESOLUTION N0. 22-1997 ESTABLISHING A PUBLIC HEARING FOR APRIL 14, 1997, TO MODIFY REDEVELOPMENT PROJECT N0. l AND TIF DISTRICTS NOS. 1-3, 6, 7, 9-14, AND TO CREATE TIF DISTRICT NO 15 (MINNESOTA COMMERCIAL RAILWAY COMPANY) (WARD 1): Mr. Burns, City Manager, stated that this property is in the Northco Business Park along University Avenue. The TIF request is for a$125,000 grant and a$125,000 loan to be used for soil correction. This project involves the construction FRIDLEY CITY COUNCIL MEETING OF MARCH 3 1997 PAGE 3 of a 57,980 square foot building for use in transferring steel from rail cars to trucks. Staff believes the project will benefit several other Fridley indust:ries such as Onan and Kurt Manufacturing, who are major steel users. ADOPTED RESOLUTION NO. 22-1997. 4. RESOLUTION NO. 23-1997 ESTABLISHING A PUBLIC HEARING FOR APRIL 14, 1997, TO MODIFY REDEVELOPMENT PROJECT NO. 1 AND TIF DISTRICTS NOS. 1-3, 6, 7, 9-15, AND TO CREATE TIF DISTRICT N0. 16 (LINN PROPERTY HOLDINGS, L.L.C.) iW�D 3): Mr. Burns, City Manager, stated that this district would encompass five lots located on the north side of 57th Avenue near the intersection with Main Street. The proposed project would renovate the former Dick's Wheel and Tire building for use as a Goodyear Tire Service Center. The project would also involve an 8,000 square foot strip retail center on what is now residential property to the west of the store. Mr. Burns Stated that the owner is requesting $200,000 in TIF assistance for land assembly and demolition. Staff is currently evaluating this request. ADOPTED RESOLUTION NO. 23-1997. 5. ESTABLISH P, PUBLIC HEARING FOR MARCH 31, 1997, FOR SIDCO FOOD -__ ___�.. r...,r,r,.T..r� r,� T u�.'Ti'u T.TC'F.NSF � WARD .i � : Mr. Burns, City Manager, stated tY�at Sid Applebaum recently acquired the grocery operations now being run by Holiday Companies. Although these operations will continue to bear the Holiday name, the transfer of ownership requires the transfer of the 3.2 off-sale beer license currently held by Holiday. It is necessary to conduct a public hearing for this beer license. SET THE PUBLIC HEARING FOR THE ISSUANCE OF THIS BEER LICENSE TO SIDCO FOOD CON�ANY FOR MARCH 31, 1997. 6. RECEIVE BIDS AND AWARD CONTRACT FOR SANITARY AND STORM SEWER REPAIR PROJECT NO. 304: Mr. Burns, City Manager, stated that four bids were received for this project, and the low bid was from Insituform Central, Inc. in the amount of $159,856. The Capital Improvements budget includes $100,000 for sanitary sewer repairs and $150,000 for storm sewer repairs. Of this total bid, $8�.808 is for sanitary sewer repairs, and $72,048 is for storm sewer repairs. FRIDLEY CITY COUNCIL MEETING OF MARCH 3, 1997 PAGE 4 7. � Mr. Burns reviewed the sanitary 57th Place and the storm sewer He recommended that the bid be Inc. in the amount of $159,856. projects on Seventh Street and proj ect on Van Buren Street . awarded to Insituform Central, RECEIVED THE FOLIAWING BIDS FOR SANITARY AND STORM SEWER REPAIR PROJECT NO. 304: INSITUFORM CENTRAL, INC., $159,856; I�METTI & SONS, INC., $172,983; MUNiCIPAL PIPE TOOL, INC., $192,103; AND VISU-SEWER CLEAN & SEP.L, INC., $199,718. AWARDED THE CONTRACT TO INSITUFORM CENTRAL, INC. IN THE AMOUNT OF $159,856. MOTION AUTHORIZING ADVERTISEMENT FOR BIDS FOR 1997 PLAYGROUND EQUIPMENT PROJECTS: Mr. Burns, City Manager, stated that playground equipment replacement is scheduled for Altura Park, Commons Park, and Moore Lake Park as a result of a five-year parks equipment replacement plan adopted in 1995. The City is also advertising for equipment for Stevenson School in conjunciion with School District No. 14. Mr. Surns stated that the dollar amount for each park will be advertised, and the vendors will be asked to identify projects they are willing to build for that specific amount. Bids will be reviewed by staff, the Parks and Recreation Commission, and by residents served by the playground through special neighborhood meetings. A recommendation will then be submitted to Council for purchase and installation. $192,000 has been budgeted for these equipment upgrades. AUTHORIZED THE ADVERTISEMENT FOR BIDS FOR THE 1997 PLAYGROUND EQUIPMENT PROJECTS. RESOLUTION N0. 24-1997 SUPPORTING THE TRUNK HIGHWAY 10 (TH 10) MULTI-MODAL TRANSPORTATION CORRIDOR DEVELOPMENT: Mr. Burns, City Manager, requested that this item be removed from the consent agenda and placed on the regular agenda. REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 9. APPROVE REAPPOINTMENTS TO CITY OF FRIDLEY COMMISSIONS: Mr. Burns, City Manager, stated that the following individuals are seeking reappointment to the following commissions: Diane Savage, Planning Commission; Carol Beaulieu and Terrie Mau, Appeals Commission; Bradley Sielaff and Richard Svanda, Environmental Quality and Energy Commission; Jeanne Raffesberger, Human Resources Commission; David Kondrick and Marcy Sibell, Parks and Recreation Commission; Robert Scott FRIDLEY CITY COUNCIL N�ETING OF MARCH 3, 1997 PAGE 5 and Joseph Kerner, Cable Television and Telecommunications Advisory Commission; John Hinsverk, Police Commission; and Jim McFarland, Housing & Redevelopment Authority. Mr. Burns stated that all terms, except the HRA appointment, are from April 1, 1997 to April l, 2000. The HRA appointment is from June 9, 1997 to June 9, 2002. Staff recommends approval of these reappointments. APPROVED THE ABOVE REAPPOINTMENTS TO THE VARIOUS CITY CONIl�4ISSIONS . 10. CLAIMS: AUTHORIZED PAYMENT OF CLAIM NOS. 72847 THROUGH 72986. 11. LICENSES: APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE IN THE LICENSE CLERK'5 OFFICE. 12. ESTIMATES: APPROVED THE ESTIMATES, AS FOLLOWS: Lunda Construction Company P.O. Box 228 Little Chute, WI 54140-0228 Locke Lake Dam Restoration Project No. 211 FINAL ESTIMATE . . . . . . . . . . . . . . . $ 5, 080.29 Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, MN 55432 Services Rendered as City Prosecuting Attorney for the Month of December, 1996 ..$12,061.85 Frederic W. Knaak, Esq. Holstad and Larson, P.L.C. 3535 Vadnais Center Drive St. Paul, MN 55110 Services Rendered as City Attorney for the Month of February, 1997. ......$ 5,367.50 No persons in the audience spoke regaz•ding the proposed consent agenda items. FRIDLEY CITY COUNCIL MEETING OF MARCH 3, 1997 PAGE 6 MOTION by Councilman Barnette to approve the consent agenda items, with the exception of Item 8 to be removed and piaced on the regular agenda. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilman Schneider to adopt the agenda with the addition of an item, as follows: Resolution Requesting Representation from the League of Minnesota Cities Insurance Trust for Appeal. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. OPEN FORUM, VISITORS: There was no response from the audience under this item of business. NEW BUSINESS: 13. MOTION AUTHORIZING ADVERTISEMENT FOR BIDS FOR THE CENTRAL AVENUE BICYCLE PATH PROJECT: Mr. Flora, Public Works Director, stated that plans are currently being prepared to re-advertise for bids for the bike path on Central Avenue. The cost would be $130,000, and funds would be available from State Aid. Staff has been working with the state regarding the construction of a bridge over Rice Creek. A bridge designed for a bike path can be constructed rather than a highway bridge. Mayor Jorgenson asked the dimensions of this bike path bridge. Mr. Flora stated that it would be 8 feet wide by 110 feet long. Councilman Schneider asked if the plan for the bike path was the same as previously discussed, as there was concern about the trees and shrubs. Mr. Flora stated that the bike path will be installed on the west side of Old Central Avenue, north of Mississippi Street, within the County right-of-way. A neighborhood meeting will be held with the residents along Old Central to review the plan. There would be no assessment for this bike path, and the plans would be submitted to Council. MOTION by Councilman Schneider to authorize the advertising of bids for the Central Avenue bike path. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETING OF MP.RCH 3 1997 PAGE 7 14. RECEIVE PROPOSALS AND AWARD GONTRACT FOR CURBSIDE RECYCLING SERVICES: Ms. Julie Jones, Recycling Coordinator, commended the Council for their commitment to recycling. She presented proposals for the curbside program. The largest portion of the tonnage is from the curbside program, but the participation rate is only 45 percent, which is an area of concern. This figure is from SuperCycle's records on the number of stops. In 1996 there was a sharp drop from 1995, in the number of stops. The goal in 1997 is to increase the participation levels in the curbside program. Ms. Jones stated that another goal is to exceed the City's 1997 tonnage goal set by the County by at least eight percent. This is critical because of the City taking over the operation of the recycling center. �luminum revenues from the recycling center need to be reported, and it will affect how the City can spend SCORE funds. When the City reaches 108 percent of the goal level, there is more liberty on the use of SCORE funds. The program should also be cost-effective for Fridley residents. Ms. Jones stated that participation could be raised by convenience to the residents, weekly pickup, same day garbage and recycling service, and the collection of additional materials. If plastics were added to the recycling proqram, it would add more tonnage than textiles. Ms. Jones stated that staff and the Environmental Quality and Energy Commission are recommending that Council accept the proposal from Waste Management for a bi-monthly service for multi-family buildings at a rate of $2.15 per unit and a weekly service for single family dwellings at a rate of $2.15 per unit. Ms. Jones stated that a key point to consider is that the curbside monthly participation should be more like 70 and not 45 percent. The City also needs the freedom to spend SCORE funds on otherwise ineligible uses, if the tonnage increases by at least eight percent. Adding plastics to the program will increase participation and add tonnage. Weekly service will increase the pounds collected per household, and a commingled collection system (plastics and cans together) solves the issue of possibly having to provide another recycling bin for plast:ics. Ms. Jones explained the costs of weekly service and the amounts that would exceed the 1997 and 1998 budgets. She explained t:hat staff recommended that the City Council consider increasing the SWAP fee from $4 per quarter to $5 per quarter, which would need to be done by ordinance amendment. Mayor Jorgenson asked if telephone books could be recycled. Ms. Jones stated that they are included in the City's recycling program and should be included with the mixed mail materials. FRIDLEY CITY COUNCIL MEETING OF MARCH 3, 1997 PAGE 8 Mayor Jorgenson questioned the reason for the decrease in curbside recycling. Ms. Jones stated that this could be weather related or residents could be using the drop-off center. Many residents are taking their plastics to friends and relatives in other communities where they have plastic collections. Councilman Schneider stated that as far as garbage and recycling materials being collected on the same day, the City has multiple haulers for trash pick-up and questioned how this could be accomplished. Ms. Jones stated that Council could review this issue; however, this issue may take care of itself. Residents may keep their current hauler or elect to change to a hauler that would pick-up their trash on the same day as their recycling. Councilwoman Bolkcom asked when residents would be notified of the program. Ms. Jones stated that staff would send out information to residents about ten days before the program goes into effect. Councilwoman Bolkcom stated that part of the program is to get more people in the apartment complexes involved in recycling. Ms. Jones stated that she plans to meet with many of the apartment managers and owners to find out how the City can assist them. Mr. Tom Glander, President of SuperCycle, stated that he appreciated the opportunity to se�ve the City over the years and thanked Councll for their business. SuperCycle would like to continue to serve the residents of Fridley. Mr. Glander stated that he perceived the City as practical. He designed the program as it was in the past when it was determined that it was too costly to recycle plastics. Council has a choice to make between weekly or bi-monthly collection. The City's cost per ton collected has been about $80 compared to neighboring communities with a weekly program of about $102 to $108 per ton. From the standpoint of cost per unit collected, obviously weekly collection is more expensive. Mr. Glander stated that the City collected 35.6 pounds per household per month, and cities with weekly collection collected 37.8 pounds per household per month. In comparison, other cities collected five or six percent more tonnage for an increased cost of about 25 percent. He felt this was a very poor value. These programs have not done as well as Fridley's. Converting to a weekly program will not necessarily increase participation. FRIDLEY CITY COUNCIL MEETING OF MARCH 3, 1997 PAGE 9 Mayor Jorgenson asked the size of the garbage containers used in cities that have a weekly collection. Ms. Dacy, Community Development Director, stated that staff has completed a survey. Information is on f.ile, but she does not have the information available this evening. Councilwoman Bolkcom stated that several communities have gone to a weekly collection so there must be a reason for it. It would be simpler to have both the recyclables and trash collected on the same day. Ms. Jones stated that there is no doubt a weekly collection would increase the cost. If there is only 45 percent participation and the City is paying for 100 percent, it is a costly program. Council will have to make the decision on what is more cost- effective for residents. Councilman Schneider stated that the paint is will participation increase if recyclables ar-e collected weekly. Ms. Jones stated that she felt the tonnage would increase to 500 pounds per household, rather than 400 pounds. It takes about a year for residents to become accustomed to a new system. She felt that the residents would be in favor of the collection of plastics. Councilman Schneider stated that the data presented by the County indicates that Fridley is at a recycling level of other communities . Ms. Jones stated that Fridley is about in the middle as far as amounts recycled per household. Councilman Schneider asked if the County's figures per household include the tonnage brought to the recycling center. Ms. Jones stated she understands that it does, but the 400 pounds per household is strictly the curbside recycling. Councilman Schneider stated that if there was a weekly collection, from a cost standpoint, is convenience really what is being provided rather than increased tonnage. Mayor Jorgenson stated that quite a few people who are not residents of Fridley use the recycling center. They will continue to bring their recyclables to the center. Ms. Jones stated that the goal for the recycling center is to promote recycling with the businesses ar.d apartment owners to boost tonnage. This should supplement the curbside service. FRIDLEY CITY COUNCIL MEETING OF MARCH 3, 1997 PAGE 10 MOTION by Councilwoman Bolkcom to 'direct staff to accept the proposal from Waste Management for $2.15 per unit for weekly single-family service (1-4 units) and $2.15 per unit for bi-monthly multi-unit (5-12 unit buildings) service and negotiate a contract for consideration at the March 31 Council meeting. Further, to prepare an educational brochure and define the collection zones so that it can be mailed to residents prior to the start of the new program in April. Seconded by Councilman Barnette. Mr. Jerry Sampson, representing Waste Management, stated it is proposed that the collections be Monday through Thursday. Since April l, 1997, is a Tuesday, he suggested instead of starting the program on Monday, April 7. Council agreed with his suggesticn. He predicts a minimum of 42 to 45 pounds per household per month and possibly up to 56 pounds per household. Mr. Burns, City Manager, asked Mr. Sampson if he felt it was feasible that the City could experience a 25 percent increase in tonnage. Mr. Sampson replied in the affirmative. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Jorgenson declared the motion carried unanimously. 15. FIRST READING OF AN ORDINANCE AMENDMENT RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 114, ENTITLED "ABANDONED MOTOR VEHICLES," BY AMENDING SECTION 114.01, "POLICY:" Ms. Dacy, Community Development Director, stated that the purpose of this amendment is to remove the "sunset date" clause from Chapter 114, Section 114.01, which stated that "these amendments shall be effective for any violation which occurs through March 30, 1997, at which point the amendments to this section will have no further force and effect unless a further amendment is enacted." Last year Council amended the ordinance to establish a five-day tag and tow process to remove unlicensed or inoperable vehicles from private property. Ms. Dacy stated that to date, 106 inoperable vehicles have been placarded throughout the City using the modified ordinance. Of the vehicles placarded, 94 have been returned to operational condition, placed in a garage or removed, six have been impounded by the City, and six are pending final inspection. The owners of these vehicles have been extremely cooperative, and the majority of the vehicles tagged are due to expired tabs. A high percentage of vehicles are removed voluntarily. Councilman Barnette questioned the "sunset date." Ms. Dacy stated that this "sunset date" was included in the ordinance last year to provide an opportunity� for staff to come back to Council with a report on how this ordinance has progressed. Staff is now recommending this "sunset date" clause be removed so FRIDLEY CITY COUNCIL NIEETING OF MARCH 3, 1997 PAGE 11 it will be a continuing practice. The amount of complaints have remained the same, but the ordinance prompted more interest in compliance. MOTION by Councilman Schneider to waive t=he reading and approve the ordinance on first reading. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. 8. RESOLUTION NO. 24-1997 SUPPORTING THE TRUNK HIGHWAY 10 (TH 10) MULTI-MODAL TRANSPORTATION CORRIDOR DEVELOPMENT: Mr. Burns, City Manager, stated that r_epresentatives from Anoka County have asked for the City's support for a feasibility study of multi-modal transportation improvements along a section of TH 10 that extends through twelve cities between St. Cloud and Minneapolis. The study would investigate the impact of establishing a commuter rail service, along with highway improve- ments and recreational trails. Mr. Burns stated that the County, along with other counties in the corridor area, are seeking $S million in Federal ISTEA funding for the study. In addition to lending its support, the City is being asked to appoint an elected representative to work with other elected officials to develop a join� powers agreement. The agreement is viewed as a mechanism for addressing the need for transportation enhancements, congestion r_elief, improved safety and systematic land use planning. The Cit.y is also being asked to declare its intent to enter into this agreement subject to examination of the details that are developed by the elected officials' task force. Staff recommends approval, and Mr. Tim Yantos is here from the County to answer any questions. Mr. Tim Yantos, Anoka County, stated that: this corridor is known as the Northstar Corridor which is a shorter name for the T.H. 10 multi-modal transportation corridor study. He provided copies of the application that was submitted to t:he federal government for funding. Representative James Oberstar �_s the primary sponsor, and 24 governmental entities are being asked to participate in the joint powers agreement. Mr. Yantos stated that this corridor i� the fastest growing, and there are problems with safety. It is necessary to look at a variety of multi-modal enhancements and Yiow to improve the land use along this corridor. Mayor Jorgenson stated that she understood this request is for $5 million in funding; however, the letter from Representative James Oberstar states it is $6 million. FRIDLEY CITY COUNCIL MEETING OF MARCH 3, 1997 PAGE 12 Mr. Yantos stated that it is a$6 million request for funding for the study. As more information was gathered the figures have changed. Mayor Jorgenson asked if there would be matching grants by the cities and counties involved. Mr. Yantos stated it is anticipated that it will be an in-kind participation so that all the work the communities wili be contributing will go into their portion of the cost. Mayor Jorgenson asked if most of the proposed system and stations would be along Highway 10 and then proceed into Minneapolis and St. Paul. Mr. Yantos stated that is one of the improvements proposed; however, the study will review a variety of options for highway and corridor improvements. The rail system is just one of the many modes and will be part of the study. Mayor Jorgenson stated that St. Cloud is outside the metropolitan area so it is interesting that this is being proposed. Mr. Yantos stated that the Metropolitan maintain growth in certain areas, and corridor are very concerned. In Sherburne of building permits being applied for, and for growth from Anoka into the metropolitan is generated from suburbs to the north, and at planning for that type of growth. Council is trying to the people along this County there are a lot the County is planning area. A lot of traffic this is one way to look Councilman Schneider asked when the County would know if the grant was received. Mr. Yantos stated that, currently, there are ISTEA funds available, and more funds available this fall. He felt there was a good chance that these funds would be obtained. Mr. Yantos stated that Anoka County is working with Sherburne County, but it would be the Joint Powers Board that receives the grant and determines the work that would be performed by the consultant. Each community along the route would be asked to voice their concerns. Mr. Burns, City Manager, questioned if, down the road, the City may be asked for some organizational funding. Mr. Yantos stated that there have been preliminary discussions that if the Joint Powers Board wants to proceed before the funds are available perhaps there could be a funding mechanism based on population. A community of over 10,0000 would provide $2,000 in funding, and this amount would be reduced based on population. FRIDLEY CITY COUNCIL MEETING OF MARCH 3, 1997 PAGE 13 Councilman Billings asked if the Anoka County Rail Authority has given any thought as to where this �trairi may run, particularly in the Fridley area. Mr. Yantos stated that a commuter train would use the Burlington Northern tracks. Because there is a double track it makes the use of this rail system very attractive. Councilman Billings asked Mr. Yantos how this proposal would benefit Fridley residents. Mr. Yantos stated that he could not address the issue at this time because that is what the study would encompass. He is not aware of all the problems along Highway 47 or I-694, but he does know congestion is very bad on Highway 47. Each community has its own concerns and opportunities. Mr. Yantos stated that another applicatic�n, and not a part of this application, is from the Metro Regional Railroad for consideration of light rail transit along Hiawatha Avenue to the Mall of America and airport with another line to be studied. Councilman Billings stated that for Fridley residents to access a future commuter system on the Burlington Northern tracks they would have to go to Northtown. Mr. Yantos stated that he is not sure w}iere the stations would be located. Possibly Highway 47 right-of-way would be utilized from Northtown to downtown Minneapolis. Mr. Burns stated that the City would benefit by opening up a broader resource for Fridley businesses. Councilman Billings asked if this study would replace the work done by the Anoka County Regional Rail Authority several years ago when Highway 47 was identified as a potential corridor for light rail. Mr. Yantos stated that this information would be expanded on the best way to move traffic. Mayor Jorgenson asked if the study would encompass traffic both , east and west. Mr. Yantos stated that this study would primarily stress Highways 10 and 47 and does not expand to the east: or west at this time. Councilman Schneider questioned the exper�se of the study. Mr. Yantos stated that there are a lot of technical issues for all cities and counties involved regarding railroad crossings, bridges, highway improvements, land use, and those studies are expensive. FRIDLEY CITY COUNCIL MEETING OF MARCH 3, 1997 PAGE 14 An environmental impact statement is also required to proceed into an implementation stage. Mayor Jorgenson stated that the light rail plan was studied several years ago. She questioned if this study will be competing with the light rail transit plan from Minneapolis to the Mall of America and airport. , Mr. Yantos stated that it is not competing, but it is one proposal, and this is only a small portion of it. Councilman Billings asked if it locks the City into funding if this resolution is adopted. Mr. Yantos stated that there is no anticipated funding that the City would be locked into at this time. Councilman Billings stated that if there was to be local funding and Fridley did not want to participate, he wanted to make sure that there was no obligation on the City's part. Mr. Yantos stated that the joint powers agreement should address this issue. There will be a section in the agreement that would allow municipalities to not participate, if they so desired. Councilman Billings stated that as he understands, �he City can choose to participate at no direct cost to the Fridley taxpayers and would have the opportunity to withdraw, depending on how the joint powers agreement is drafted. One of the Council members would be a member of the Joint Powers Board. Mr. Yantos stated that those participating may be asked for some minimal contribution up to $2,000; however, this would be decided by the Joint Powers Board. Councilwoman Bolkcom stated that by adopting the resolution Council is not committing to the $2,000. Mr. Yantos stated that the resolution only supports the study and the appointment of one of the Council members to serve on the Board. He stated Fridley's elected official appointed to the Board would work with other elected officials to draft the joint powers agreement. Representative Oberstar would like to see the Joint Powers Board in place in the next several weeks. Mr. Burns asked if this proposal has support and input from the State. Mr. Yantos stated he understands that Elwyn Tinklenberg has had several conversations with the state. The Department of Transportation will be an ex-officio member of the Joint Powers Board. FRIDLEY CITY COUNCIL MEETING OF MARCH 3, 1997 PAGE 15 Councilman Barnette stated that he did not believe there is any risk in getting involved. Everyone is aware that traffic is a major problem. He suggested that Councilman Billings be appointed to serve on this Joint Powers Board. Councilman Billings stated that he served for two years on the Anoka County Rail Authority, and he does have a flexible work schedule. If it is Council's pleasure, he would be willinq to serve as Fridley's representative. MOTION by Councilman Barnette to adopt Resolution No. 24-1997 and appoint Councilman Billings as Fridley's representative to work with the elected officials from communit:ies along the corridor to develop a joint powers agreement. Further, to change the March 15 date in the resolution to March 31. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. 15A. RESOLUTION NO. 25-1997 REQUESTING REPRESENTATION FROM LEAGUE OF MINNESOTA CITIES INSURANCE TRUST FOR APPEAL: Mr. Knaak, City Attorney, stated that thi.s resolution was forwarded to the City by the League of Minnesota Ci.ties Insurance Trust which is the City's insurer. This resolution relates to a lawsuit the City is in as one of the 36 members of the Minnesota Police Recruitment System (MPRS). One of the reasons for the litigation was a disagreement over the MPRS's examination for police officers. Mr. Knaak stated that the League has actually made it quite easy for the City by agreeing to conduct the a.ppeal for the City with no deductible. The League further agrees to pay all costs associated with the appeal and to pay all damages awarded as the result of the appeal beyond those in Judge Solum's award as allocated among the cities. He recommended that Council adopt this resolution. MOTION by Councilman Billings to concur with the City Attorney's recommendation and adopt Resolution Nc. 25-1997. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. 16. INFORMAL STATUS REPORTS: Mr. Burns, City Manager, stated that onA item to be discussed in the conference session is industrial lots near residential areas. Councilwoman Bolkcom asked Mr. Burns to summarize Council's recent meeting with the School Board of District No. 14. Mr. Burns stated that the City Council, School Board, and Super- intendent, met last Thursday evening to discuss the Community Education Center project. One of the main topics was a name for this facility. Both the City Council anc. the School Board felt the FRIDLEY CITY COUNCIL MEETING OF MARCH 3, 1997 PAGE 16 new facility should be called the Fridley Community Center. Construction should begin in June and, hopefully, be finished by September. Councilwoman Bolkcom stated that on April 14 Council will conduct a public hearing on the Linn development for a strip mall on 57th Avenue. There will be a neighborhood meeting on March 18 regarding this issue. ADJOURNMENT: MOTION by Councilman Schneider to adjourn the meeting. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of March 3, 1997 adjourned at 9:32 p.m. Respectfully submitted, Carole Haddad Nancy J. Jorgenson Secretary to the City Council Mayor MEMORANDUM DEVELOPMENT DIRECTOR DATE: March 28, 1997 TO: William Burns, City Manager � �� FROM: Barbara Dacy, Community Development Directar Scott Hickok, Planning Coordinator Kurt Jensen-Schneider, Planning Assistant SUBJECT: Second Reading of an Ordinance Amending Chapter 114 of the Fridley City Code, Eliminating the "Sunset Dafe" Clause in the Abandoned, Junk or Unsafe Motor Vehicles Ordinance. Back..�.round , In June of 1996, a modification to the Abandoned Motor Vehicles Code was adopted. . The modification introduced an inoperable velucle placcarding process that allows the City to remove unlicensed or inoperabie vehicles from private property after five (5) days notice. The ordinance modification also included a"sunset date" clause making the ordinance effective for any violation which occurs through March 30, 1997, at which point the amendments will have no further force and effect unless a further amendment is enacted. R P�ommendation Due to the success of the program, staffrequests that the City Council approve �he attached ordinance amendment for second reading at its March 31, 1997, meeting. The amendment simply deletes the "sunset" clause. KJS:kjs C-97-146 1.01 ORDINANCE NO. AN ORDINANCE AMENDMENT RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 114, ENTTTLED "ABANDONED MOTOR VEHICLES", BY AMENDING SECTION 114.01, "POLICY" The Council of the City of Fridley does hereby ordain as follows: 114. ABANDpNED JUNg OR UNSAFE MOTOR VEHICLES 114.01 PURPOSE Abandoned junk and unsafe motor vehicles constitute a hazard to the health and welfare of the residents of the community in that such vehicles can harbor noxious diseases, furnish shelter and breeding places for vermin, and present physical dangers to the safety and well being of children and other citizens. Motor vehicles contain fluids which if released into the environment can and do cause significant health risks to the community. The condition of vehicles that are junked and abandoned junk or unsafe significantly increase the likelihood that these dangerous fluids might be so released. Abandoned junk or unsafe motor vehicles and other scrap metals also constitute a blight on the landscape of the Gity and therefore are detrimental to the environment. The � abandonment and retirement of motor vehicles and other scrap metal constitutes a waste of a valuable source of useful metal. It is therefore in the public interest that the present accumulation of abandoned junk or unsafe motor vehicles and other scrap metals be eliminated, that future abandonment of motor vehicles and other scrap metals be prevented, that the expansion of existing scrap recycling facilities be developed, and that other accepta.ble a.�d economically useful methods for the disposal of abandoned junl� or unsafe motor vehicles and other forms of scrap metal be developed. Because of these significant concerns, the City is amending this section. PASSED AND ADOPTED BY TI� CITY COUNCIL OF T'HE CITY OF FRIDLEY THIS DAY OF_ , 1997 ATTEST: WILLIAM A. CHAMPA - CITY CLERK First Reading: March 3, 1997 Second Reading: Publication: 1.02 NANCY J. JORGENSON-MAYOR CITY OF FRIDLEY PLANNING CONIl�IISSION 1�ETING, FEBRUARY 19, 1997 CALL TO ORDER: Chairperson Savage called the February 19, 1997, Planning Commission meeting to order at 7:27 p.m. ROLL CALL: Members Present: Members Absent: Others Present: Diane Savage, LeRoy C>quist, Connie Modig, Larry Kuechle Dave Kondrick, Dean ��aba, Brad Sielaff Barbara Dacy, Communi.ty Development Director Scott Hickok, Plannir�g Coordinator Michele McPherson, Pl.anning Associate Glen VanWormer, SEH C:onsultants Councilmember Billinus R. A. Stinski, 1612 E. Berne Circle John Gustafson, 5841 West Moore Lake Drive David Kipp, 761 - 58th Avenue N.E. Ann Williams, 5760 Hackmann Avenue N.E. Virginia Ostlund, 5770 Hackmann Avenue N.E. Richard Kealy, 5771 Central Avenue N.E. Dorothy Seaberg, 5685 Jackson Street N.E. John Thayer, 5$43 Central Avenue N.E. Cheryl Kerner, 941 Ai.11wind Road ` Jeanne White, 475 - 57th Place Bob Gilstad, 930 Hackmann Avenue N.E. Ralph Wedgewood, 5871 West Moore Lake Drive Alice Benson, 640 - 58th Avenue N.E. Dewey-Flaten, 5750 Hackmann Avenue N.E. Laura'ingebrigtsen, 5831 West Moore Lake Drive <, , Jeanne Ingebrigtsen, 5811 West Moore Lake Drive Kay Ingebrigtsen, 5811 West Moore Lake Drive Tim Nelson, 26&5 Long Lake Road, Roseville, Minnesota APPROVAL OF FEBRUARY 5, 1997 PLANNING COMMISSION MINUTES: MOTION by Mr. Oquist, seconded by-Mr. Kuechle, to approve`the February 5, 1997, Planning Commission minutes as written. UPON A VOICE VOTE, ALL VOTING,AYE, CAAIRPERSON SAVAGE DEC?�ARED TSE MOTION CARRIED UNANIMOIISLY. .�, .� °': , . 1. INFORMATIONAL HEARING: I-694 ,AND HIGHWAY 65 INTERSECTION IMPROVEMENTS ,2.01� PLANNING CO1+II�lISSION MEETING, FEBRUARy 1g� 1997 PAGE 2 Ms. Dacy stated, as part of the staff presentation, she will cover where they have been in the last year with this intersection issue and review the purpose of this part of the Planning Commission meeting on this topic. Then the consultant, Mr. Glen VanWormer from SEH, will review the plans. SEH is a consulting and engineering firm under contract with the HRA to complete the preliminary engineering plans for the Lake Pointe, West Moore Lake Drive, and Central Avenue intersection. Ms. Dacy stated the last time that the Planning Commission and the public saw plans regarding this issue was about one year ago. MEPC American Properties is under contract with the HRA to market the Lake Pointe site for corporate office development. MEPC has until August, 1997, to see if they can find a corporate office user for the facility. However, since the master plan approval, the City has taken a number of steps to start the process to make the intersection improvements at this location. Ms. Dacy stated one of the steps taken by the City was to make an application for Federal funding to pay for up to 80o of the costs of the intersection, and the City was successful in accomplishing that. The City took the plans shown to the public and at the neighborhood meetings, the Planning Commission and the City Council, which were essentially the same plans as 10 years ago, and submitted that to the Minnesota Department of Transportation (MnDOT) along with an updated traffic analysis. The MnDOT staff has spent a number of months evaluating the analysis, looking at the design of the intersection plus the design of the ramps as you enter and leave I-694, and have had a number of concerris. They sugc�ested spme improvements in addition to the intersection changes that the City has discussed over the last l0 years. Ms. Dacy stated the City is now at a point where they are nearl completed with the preliminary engineering plans, MnDOT has y reviewed and is comfortable with the proposai"s they have put together, and the City Council asked staff to hold an informational hearing to bring the Planning Commission and the public up to date on the intersection im rovements. is the final construction drawin s. TheP are The next step at going out for bids this fall for constructiontintthel prinq1of 1998. Ms. Dacy stated the purpose of the meeting is to bring you up to date with where the City is at. These are essentially the same plans as 10 years ago. Mr. VanWormer will go over some modifications that MnDOT has added to the I--694 ramps an-d review the schedule for carrying that out.' If inembers`of the public`have questions or comments, the purpose of this hearing is to ask those questions and/or make comments. The Planning Commission is not �' 2.�2 PLANNING CONIIKISSION MEETING, FEBRUARY 19, 1997 PAGE 3 taking formal action. Comments and questions will be part of the record which will be passed on to the Cit�y Council. The City Council ultimately has to approve the final plans. Mr. VanWormer stated the project is more than 10 years old. In the mid-1980's, there was much concern about the operation of the intersection of Highway 65, Old Central and West Moore Lake Drive. At the time the plans were being prepared, there was a series of public meetings, meetings with neighborhoods, it got approval, plans were prepared, approved by the City Council, sent to MnDOT where they got signatures but the project: was shelved. As part of the follow-up to that, MnDOT was to do some work on the ramps in conjunction with the reconstruction of I-694. That has taken place, but none of the changes that were part of that plan have taken place. Now, the project is back tr�rough a revised funding source and money is available for the project. The plan went through an evaluation process and came out with a high enough priority so there is money available for it. Mr. VanWormer stated the intersection do�s have some operating problems. One of the concerns is the ope�ration and congestion on Central at Hackmann. There is concern about getting out of Hackmann because there are site and distance restrictions. As you come down Hillwind to Hackmann, traffic takes a shortcut through the service station. There is also confusion as you come down Central to make a left turn. If this is your first time through there and you want to make a left turn to go west on the_ interstate, you have to do some jockeying to get into position. There are a.number of operating problems such as these. Mr. VanWormer stated the original concept as approved and the plans from 10 years did take care'of a lot of those concerns. The. plan they have today is very similar especiaTly in the area of Central, Hackmann, Hillwind, etc.�`One of the concerns is that when you come out on existing HaclQnann,' it is fairly close to the intersection on Highway 65. They moved this as far east as they could go to allow more room between someone coming around the corner and where you are when trying to pull out. It also provides a distinct left turn lane if you are coming down Central to make a left turn to go south on Highway 65. This plan has a painted median which you can drive across to provide access to houses. There is a painted left turn lane for those who are turning into Hackmann. There is a raised island from Hackmann all the way to Highway 65 which also provides a sheltered left turn. There are two left turn lanes to go south on Highway 65 and one lane to go across the roadway. The people who are cutting through the service station will have a direct route and eliminate some of the circulation problems and conflicts at the service station. Mr. VanWormer stated, on the west side, one of the concerns is ' 2.03 PLANNING COMMISSION MEETING FEBRUARY 19, 1997 PAGE 4 that the development of Lake Pointe will generate traffic that might, under the existing conditions, go.up West Moore Lake Drive. They have reversed it so that Lake Pointe is directly connected to Highway 65. That should have traffic coming from the development go directly out to the highway. The plan has tried to provide specific lanes for movement. There is a through lane, a left turn lane and a right turn lane. Mr. VanWormer stated they have also made some changes on Highway 65. They have added a southbound lane so that as you come into the Lake Pointe/Central intersection, there would be a third southbound lane which will continue all the way through to the south of the south ramps. Northbound, there is an added lane which will continue through and ends as a right turn lane at Central. Mr. VanWormer stated the biggest change comes from MnDOT. They have evaluated the intersection and decided that the movements onto the freeway if you are going westbound on I-694 and turning south on Highway 65, you have to weave through the traffic that is. coming up the ramp. They will remove that loop to go south and instead put in a ramp similar to the one at University or Silver Lake Road and make it a xight or a left turn. There will be two left turn lanes and two right turn lanes which should provide capacity on that ramp. The same thing would be done for east bound traffic. Mr. VanWormer stated the benefit is that.it separates the on movement from the westbound and northbound ramp under a stop condition from signal lights and will be diverted further away from the Lake Point intersection. In the report for application of funds, this section of Highway�65 from Moore Zake south has had 123 accidents in three:years.' This particular project;has been submitted to MnDOT who reviewed it and has come back with.some changes they suggested to the ramp. 'They have'redesigned it'and ' sent it back through for approval. It is now there for formal staff approval which means they are reviewing it is some detail. The County also has a copy of the plans which they will be reviewing. They are in the process of reviewing the plan with different agencies - the state historical society, wetlands, etc. Mr. VanWormer stated that is the current status. The next step, if they continue to be approved,-is to make adjustments, take into account any comments that are received, and submit the final plans. The City Council will approve the final plans before getting bids. Ms. Modig stated she did not see°how to get onto I-694 going east as you going north on Highway 65. ' 2:fl4" PLANNING CONIl�IISSION MEETING, FEBRUARY 19, 1997 PAGE 5 Mr. VanWormer stated that access is the same as it is today. Ms. Savage asked if these plans would go forward no matter what happens with the Lake Pointe development. Mr. VanWormer stated yes, he believed it would because the funding is separate from any development and the problems have been identified prior to any development. Ms. Dacy stated, even without development at Lake Points, the traffic analysis showed that by the year 1999 the intersection of Central, West Moore Lake Drive, and Highway 65 would move from a level of service of D to an F. The Federal funding helped the City in making the intersection project proceed because the City will conceivably get that done in 1998. Mr. Oquist asked who would be responsible for the project. Mr. VanWormer stated the City has applied for the money. The Federal government pays 800 of the construction costs. There will be a cooperative agreement between the City, the County, and MnDOT for the project. The City will manage the project. Ms. Modig asked if any more houses would be affected by this. Mr. VanWormer stated the houses that were removed were on the west. They are affecting some driveways of houses nearby but not the houses. On the.east side, the area previously obtair�ed for that connection will be used. No further houses will be taken. Ms.. Modig asked how they have addressed the problem of coming across Lake Pointe to Old Central. Now,', you take your life into your hands because the drivers.turning left do not observe the right of way for on-coming going straight. Mr. VanWormer stated he would have to check with MnDOT to be certain of the plans for signalization and how it operates. This is set up to have separate turn lanes for the westbound/southbound type of turn. If the left turn lanes are on a left turn signal and then stop that traffic, the traffic going ahead can then proceed. Mr. Kuechle asked what kind of time line they were looking at. Mr. VanWormer stated this should be done in one construction season. It will be done in 1998 so they can start early in the year and�construct for the year $o they are done. They are also coordinating this with the I-694'-University area so they do not have two projects going at the same time. 2.Q 'rJ. PLANNING CONIl�SISSION MEETING FEBRUARY 19, 1997 PAGE 6 Ms. Savage opened the meeting for public comment. Mr. Stinski stated he owned an office building on Hillwind. He thought this was a great improvement for that corner. People from his office building go through the service station. He thought that was the reason the road was around there. When coming off the ramp, is that the same route to get to Hillwind? Mr. VanWormer stated it is the same route. Instead of having to merge into traffic, you will come down to a signal, make a right onto Highway 65, and another right turn. Mr. Stinski asked how you would get to eastbound I-694 when driving south on Highway 65. Mr. VanWormer stated that will be the same. You would take the loop to go to the east. Ms. Williams stated she lived on Hackmann on the corner and asked if they would be changing the elevation on that corner or changing the landscaping. Mr. VanWormer asked he did not think they are planning to make many changes in road elevation. He did not know which specific trees will be affected. The roadway will be widened but he did not know how that would affect the trees. He had a bigger set of plans available and could check those after the meeting: They are planning to complete the trail which would be on the west side and completed over to the north side of Central Avenue, come across, and connect into the trail along Moore Lake. Mr. Oquist asked if there would be a bridge or a walkway. Mr. VanWormer stated there would be a signal with walk and don't walk lights. Mr. Oquist asked Ms. Williams if she had a concern about the elevation. Mr. Williams stated the original plans showed landscaping. Her property is right at the hill. They took a piece of her property and changed another driveway. It was all supposed to be landscaped but nothing was done. It is a concern. Mr. Kipp asked if; on the drawings, there was sti11 a way to get through coming from the high school going south on Highway 65. Mr. VanWormer stated yes. Mr. Kipp stated that right now there is a yield right of way to �.Os PLANNING COMMISSION MEETING, FEBRUARY 19, 1997 PAGE 7 turn right to go south on Highway 65. The people coming across have the right of way when they make a left turn. Mr. VanWormer stated traffic coming east from West Moore Lake or Lake Pointe making a right turn, when the left arrow is on, they will have to yield. When the left turn arrow is off, you can pull out. West Moore Lake Drive will still come down to a stop sign to go east on Lake Pointe. Jean Branstrom asked if it was correct tr�at from Old Central and Highway 65 to 53rd and Highway 65 there would be four stop ligh�s. Mr. VanWormer stated yes. Mr. Gilstad stated he was the first house� in from the gas station. Since this proposed road is coming in, it will basically be right across the street from his house.. He works at home and has people who come over. How long will construction be? He will not be able to get out of the driveway and his customers will nt�t be able to come in. He also has small children at home. Mr. VanWormer stated, although they don't have a detailed plan, he did not know what the staging will be. In cases like this because the whole neighborhood is dependent on this connec�ion, they try to keep the existing connection open, build a new connection, and then reroute traffic. It will not be as convenient as it is now. There will be some staging.and construction but there will be an opportunity to get in. Mr. Gilstad asked if they would be landscaping the boulevard: Mr. VanWormer stated another concern about landscaping is the headlights shining in. He does not'have a details landscape plan. Mr. Gilstad asked if they would be leaving the live oak trees. Mr. VanWormer stated they try to leave what they can. Mr. Gilstad asked if there would be three lanes to Highway 65. Mr. VanWormer stated yes. There would be two left turn lanes and a through lane. Those turning right would use the through lane. Mr. Gilstad asked what the distance was between the stoplights to the proposed intersection. The traffic backs ug way back and there is often a 10-minute wait to get out. Mr. VanWormer stated this will get you a.little further away so there is more opportunity to enter traffic. At certain times of the day, traffic backs.up. With the way they should be able to 2.07 PLANNING COMMISSION MEETING FEBRUARY 19, 1997 PAGE 8 move traffic through the intersection, you should be able to get out to the back of the traffic. It is still close, but it is the best they could do. You may still have to wait. Mr. Oquist asked if the.timing of the lights would change or .stay the same. Mr. VanWormer stated MnDOT is working on coordination of all signals along Highway 65 from Columbia Heights to Bethel. He did not know what the final scheme would be. They will likely be a long signal. Mr. Oquist stated the long signals tend to back things up. Mr. VanWormer stated he thought it would be the same. With two left turn lanes and a long cycle, you may have to wait one cycle. Mr. Oquist stated another problem is that afternoon traffic from such places as Medtronic and Onan creates heavy traffic. He has had to wait for two or three lights before getting off Old Central. Has there been any consideration to diverting t.his traffic? Mr. VanWormer stated thought was given to that. As far as this project, nothing is being done further north. There will be some back ups. Ms. Modig stated she has noticed recently that there seems to be a great increase in traffic going north on Old Central between 5 and 6 p.m. She was not sure where it was coming from because Medtronic and Onan traffic would be traveling the other direction. She thought some of that was caused by the fact that Highway 65 is stop and go from 57th on out so they think they can go faster by getting of.f on Old Central. Mr. VanWormer stated he did not know what would cause a.recent increase. When traffic backs up, commuters try to get around it. In trying the longer cycles at the signals, you may wait for a longer time but then move through a number of signals without stopping. Mr. Wedgewood stated, at one time, someone mentioned putting in another right turn lane or extending the right turn lane north of the intersection into Moore Lake because traffic trying �o get'on I-694 was backing up onto Highway 65. If that turn lane was'made longer, it would be faster to get onto I-694. Is that turn lane going in? To turn south onto Highway 65 from Lake Pointe, it is hard to get going in the winter time. Will the elevation of Lake Pointe Drive be brought .up to the same elevation at Highway 65 so you don't need a running start to get up there in the winter. ' 2.�8` � 1 PLANNING COMMISSION MEETING, FEBRUARY 19, 1997 PAGE 9 Mr. VanWormer stated the answers to the questions were yes and maybe respectively. The south bound right turn lane will become another south bound through lane so there will be three through lanes going south through the intersections. That right lane would basically serve as a back up for the ramp going west. People who�want to turn right into Lake Pointe or West Moore Lake Drive will have another turn lane so they will widen that point about 12 feet. As far as the elevation, he did not know. He knows it is up hill to get to the intersection. He would like to take care of it but it is a matter of whether the grades can fiL. Ms. Modig asked if any of that construction on that southbound lane gets into the lake itself. How far will that right turn lane go onto Highway 65 along the lake on the west side? Mr. VanWormer stated one option is to push everything out 12 to l4 feet to get the extra lane which gets into the lake. You can al�so do a wall. There is a meeting next week ��aith the DNR to look at what will cause the least impact. The same process was proposed 10 years ago and the DNR gave a permit to the City for the work. They were renewed for a number of years. There is also some water on the east side of the lane. Instead of the drainage ditch, they will probably put in a culvert. That should help with the water quality because no sand, etc., would be going into the lake. Mr. Wedgewood stated he objects to going into the lake to build� the right hand turn lane. Over the last 20 years, there has been a reason to fill in something on Moore Lake. The area of Eisenhower Park was filled in. When building the recreational fields north of the beach, that was substantially the result of filling in. Wherever there was cattails or mushy soil, it has been filled in to improve it. Now the City is possibly fil]:ing in` a bit of West Moore Lake for a right turn lane. If three lanes are heading south, at a future juncture,` how far do those three lanes continue across the lake? Does that mean there is no shoulder any more all the way down? Does this then become a six Iane road and then an eight lane road? Mr. VanWormer stated there is no attempt to go further north than is necessary. The area of the lake affected is at the corner and another area near the corner. It goes back about 500 feet. The shoulder that is there will be continued to the point of the right t.urn lane. They are trying to minimize the impact on the lake and still provide a right turn lane. There is no intention to carry the northbound lane through. That lane will stop at the intersection. . Ms. Savage stated, if a wetland is filled in, you must comply with the wetlands statutes. 2.09 � � , PLANNING CONIl�lISSION MEETING, FEBRUARY 19, 1997 PAGE 10 Mr. VanWormer stated no one wants to harm a wetland for ecology reasons and because the rules are so strict that it is difficult to comply. He shares these concerns and will try to minimize the impact. Ms. Modig asked if the majority of that lane would be on the south portion. Mr. VanWormer stated the additional lane is to provide stacking at the intersection. The problem they have in the morning when traffic starts to pick up is that people drive under the green light fast, cars are stopped, and then they are in the intersection. Ms. Thayer asked if they are going to be widening Old Central and taking away parking lanes. Mr. VanWormer stated the widening is anticipated south of the new connection. There will be some to the north. The intent is to try to retain the parking to the north. He could not say where the parking will be and will not be. They are removing parking from the end of the lake to Highway 65. The summer parking would have an ending. There may be some problems for the first few houses. Ms. Laura Ingebrigtsen stated she liked the intersection plans but she tended to side with Mr. Wedgewood about the lake. She thought the lake was important for the wildlife. She lives on the lake and enjoys the wildlife. She is not the only one that feels that way. Ms. Jeanne Ingebrigtsen asked how close they intended to get to the lake along Lake Pointe Drive.;: When'coming into Lake Pointe Drive, do they need to come into where the homes were? Mr. VanWormer stated behind where the houses were located were trees and shrubs. They will stay. The road is to the south of the brush. The roadway will extend approximately 20 to 30 feet. That will be about l0 feet closer than they are now. Ms. J. Ingebrigtsen stated she thought she had been told at one time that the road would go straight and she was concerned it would be within 15 feet of the lake. Mr. VanWormer stated they have tried to stay as far away from the lake and the homes as they could:' Ms. J. Ingebrigtsen stated she did not like the change to Lake Pointe Drive. It is confusi:ng when giving directions. She asked �2.10 PI,ANNING COI�Il�lISSION MEETING, FEBRUARY 19, 1997 PAGE 11 if the approach to the ramps for the intE�rstate would change. Mr. VanWormer stated the ramps will follc�w basically the same alignment but just adjusted somewhat. Ms. J. Ingebrigtsen wondered if this would be going through Lake Pointe. Mr. VanWormer stated they have not changE�d any of the volumes so there should be no change in the noise. Ms. J. Ingebrigtsen stated they get drainage into the lake. With more roads there is more drainage. The (:ity fertilizes the park which goes into the lake and muddies up t.he lake. They need the drainage but have conflicts about the use of fertilizer by the City: They were told they should notify their neighbors not to use fertilizer but the City fertilizes trie park to keep it looking nice. She has lived here since 1955. Iri the beginning it was I- 694. Over the years it has gotten bigger� and bigger and also noisier. She does not like that and that: is why she was wondering about the approach. She is about the terith house in and she does not like the noise. This is something that they have to try to live with. She did not like to have the intersection into Lake Pointe. Mr. VanWormer stated the way the intersection is today there is no traffic coming from Lake.Pointe. They wi.11 end up with a number of cars coming out, but they will have to wait. With an office development, there should be gaps in the traffic but it will be more difficult early and late in the day. The intersection was set up as it is to try.to keep traffic out of the neighborhood. No further public comment was received. Ms. Dacy stated what staff will take back to the final design process is to look more closely at the landscape features of the landscape plan. What was mentioned was Mr. Flaten's home, Mr. Gilstad's home, and Ms. Ingebrigtsen mentioned headlights as you enter Lake Pointe Drive at Highway 65. They can take a look at landscaping to prevent lights. There were also at least two concerns regarding the impact to the lake from the southbound Highway 65 lane improvement. They will take a close look at what needs to be done there in terms of accommodating lane expansion. The Wetland Conservation Act is law. They will need to comply with that law. If a replacement wetland needs to be constructed, that will have to be done. Ms. Dacy stated the next step is�to prepare the final design. This then goes to the City Council in the latter part of this year for approval. 2.11 . i PLANNING COMMISSION MEETING, FEBRUARY 19 1997 PAGE 12 Ms. Savage asked if there would be another public hearing at that time. Ms. Dacy stated staff would be happy to notify the public. Mr. VanWormer stated a public hearing is not required, but the public has the opportunity to comment. If there are controversial issues, then another meeting would be held to provide information. Ms. Dacy stated, regarding some of the individual lot owners comments, she would be happy to contact them directly. Mr. VanWormer stated they now have the comments. When going into the final design stage, they can take those into account. He appreciated the comments and questions. 2. INFORMAL DISCUSSION ON RECOMMENDATIONS REGARDING ZONING CONTROLS FOR MULTI-BAY WAREHOUSE OR SIMILAR TRUCKING-BASED PRODUCT DISTRIBUTION FACILITIES Ms. McPherson stated her.presentation will include a brief review of the memo included in the agenda packet; a discussion of the purpose, the problem, and describe the study areas; review a video; and present their recommendation to the Planning Commission. Ms. McPherson stated the City Council established at its January 27 meeting a moratorium on the construction of.warehouse and distribution facilities with more than 10 docks. The purpose of the moratorium was to provide time for staff to: l. Examine the industrially zoned properties in the City and' determine the compatibility of warehouse facilities with other allowable uses in the vicinity, and 2. Review the number and location of the existing warehouse and distribution facilities and determine if the zoning on remaining vacant land should be amended or changed to another zoning classification. Ms. McPherson stated the problem is that the City has recently seen the development of approximately 500,000 square feet of warehouse and distribution facilities in the last l8 months. Along with that development has come the increase of resident complaints regarding truck traffic, parking of trucks parallel to adjacent streets and the public right-of-way, and noise and odor problems. Ms. McPherson stated, in 1996, the City established the 2.12 � PLANNING COMMISSION MEETING, FEBRUARY 19, 1997 PAGE 13 neighborhood south of 53rd Avenue as no truck through traffic routes. In addition to the physical impacts of these facilities, there are only about 90 acres of vacant industrially zoned land left in the City. There is about 1,040 acres of industrially zoned land which is about 170 of the City's land area. Looking at the remaining vacant land and determining what is the best use for these properties is also the goal of looking at the City in terms of what types of industrial uses the City wants to encourage. Manufacturing uses tend to increase job creation as well as valuation on the sites thereby.increasin�� the tax base for the City. Ms.. McPherson stated, in terms of what staff looked at, the City was divided into three planning areas. The first area is south of 61st Avenue, straddling the railroad tracks stretching from East River Road to Main Street and south to ttie City border. The second area is the northeast part of the City from University to the easterly City borders and north to 0:>borne along the Highway 65 corridor north of Locke Park. The thi_rd area is north of 73rd Avenue from University Avenue to East Riti�er Road and north to 83rd. It includes some light industrial properties along the railroad tracks. It picks up the Onaway district and areas next to the Springbrook Nature Center. Ms. McPherson showed a video which shows some of the warehousing facilities in the City. Ms. McPherson stated the goals of .any potential ordinance amendment would be as follows: l. Reduce the impact of warehouse and distribution facilities on residential properties from truck traffic by: - a. controlling their location in the City; and, b. by implementing site design controls. 2. Encourage uses which provide a significant amount of job opportunities and which require more complex building systems (buildings with a mixture of uses tend to have higher building valuations than warehouse construction). 3. Promote "clean" uses which do not produce fumes, odors, or require outside operations which may cause noise. 4. Eliminate uses which require significant amounts of outdoor storage, display, or are already permitted in other zoning i districts (i.e. repair garages are permitted in commercial districts). Ms. McPherson stated staff looked at the t.hree study areas, the 2.13 � _ ._ . . . _ .... , . . .....: ,._ , PLANNING CO1�lISSION MEETING, FEBRUARY 19, 1997 PAGE 14 number of existing warehouse or distribution facilities, whether they would have possible expansion opportunities on site, the amount of vacant land adjacent to the facility, and who would be affected by the facility (i.e. if there was residential property across the street or nearby). Staff also looked at the average floor area ratio. The average ratio of docks to floor area which is approximately 1:5,000 in a warehouse distribution facility versus 1:14,000 in a manufacturing facility. Ms. McPherson stated, once staff completed this analysis, they identified five ordinance amendment options: 1. Do nothing. 2. Amend district requirements for existing industrial zoning districts. 3. Amend the M-1, Light Industrial, and M-2, Heavy Industrial, to allow warehouses and distribution facilities as special uses only. 4. Amend the M-1, Light Industrial, district to eliminate warehouses and distribution facilities as permitted uses. 5. Create a new district entitled "M-4, Manufacturirig Only". Ms. McPherson stated each option has its advantages and disadvantages which are outlined in the staff report. The first option has no advantages while there are a number of disadvantages. The City does not have any control over the physical impacts of warehous�ng and distribution facilities on _ residential properties, Any remaining vacant land would then be subject to the existing standards of the current ordinance. Ms. McPherson stated the second option has the advantage of reducing or eliminating the physical impacts on the remaining vacant properties as well as any future redevelopment opportunities the City may realize as properties become blighted and the City needs to encourage other industrial development. Ms. McPherson stated options 3 and 4 have really no advantages to the City and have disadvantages in the fact that a number of existing facilities would become nonconforming and, with the special use permit option, the burden of proof is on the City to deny the special use permit. The amendments do not address the aesthetic or physical impacts of warehouse and distribution facilities. , Ms. McPherson stated option 5 has•several advantages and with no disadvantages identified. The advantages are that it limits the �,14 Z'T�ANNING CONIl�IISSION MEETING, FEBRUARY 19, 1997 PAGE 15 locations of warehouse and distribution facilities to those existing, promotes uses which have less truck traffic, promotes uses which have higher job generation and building valuation, and establishes standards to limit outdoor activity or noise, fumes, and odors. Ms. McPherson stated staff reviewed the remaining vacant land inventory of approximately 90 acres of industrially zoned land. Staff selected seven sites which they fe:1t would meet the need to be rezoned M-4. This totals about 33.5 acres or about 370 of the remaining inventory. Ms. McPherson stated staff's recommendat_ion is to recommend to the City Council pursuing the following actic�ns: l. Amend the existing industrial zoninc� districts to establish stricter standards for corner lots and lots adjacent to residential districts. 2. Establish a new industrial district entitled "M-4, Manufacturing Only", and rezone parc,els as appropriate. Ms..Savage asked if staff were recommendi_ng both af these actions. Ms. McPherson stated yes. Staff determiried that the best approach is a two-prong approach - one, to amend the existing standards in the current districts to encourage stronger standards for corner lots and lots adjacent to residential districts, and two, to establish the M-4 district to create a manufacturing only district, and place some properties within that district to encourage the development of manufacturing facilities. Ms. Modig asked, if you did the M-4, Manufacturing Only, district, does that then allow or have a chance of being spotty all over. and among other types of zoning in tYie area. " Ms. McPherson stated it is possible. The sites selected out of the vacant land inventory are within existing M-1 and M-2 districts. The parcels are not contiguous parcels so there could be "spot" zoning. Mr. Kuechle asked what kind of manufacturing staff .envisioned coming into the City. Mr. McPherson stated they envisioned uses similar to what is currently here. Just down the road from the site at 61st Avenue is Sheet Metal Connectors, a manufacturer, tool and die companies, small furniture companies, etc. Mr. Kuechle asked if M-4 allows heavy manufacturing. Can you 2.15 PLANNING COMMISSION MEETING, FEBRUARY 19, 1997 PAGE 16 envision saying making them strictly manufacturing and end up with something worse than a warehouse? Ms. Dacy stated staff discussed that at length. On Main Street is Kurt Manufacturing and a timber finishing use have from time to time an odor and the City receives complaints from the residential area. While the language is not yet developed for the district and because of the location across from a residential area in some of the cases, staff wants to be very careful about the exterior impacts. They would encourage uses that have no outdoor fumes and a small amount of outdoor storage. The types of impacts that will not cause problems. Staff will need to take a look at the uses and perhaps make some exceptions or prohibitions. Mr. Kuechle stated he also thought the idea of restricting existing ones would be helpful. If you look at the ones on Main Street, you can identify those that are problems. Mr. Oquist stated he is concerned about the present owners of these properties. If you rezone and put on further restrictions, that makes it more difficult to develop. Also, if this is changed to M-4, the City will probably within the first year have a request for rezoning. There may need to be controls on that to prevent that option. Ms. Dacy stated this gives the City the greater amount of control and forces evaluation of the proposed use. While it sounds as if this is manufacturing only, when looking at the uses in the other. districts, some of the special uses are really not industrial. With 90 acres left, she thought the Planning Commission and the City Council have to look at what they want to see there. Mr. Oquist stated he has a tendency to look for businesses and allow rezoning. It could be putting the burden on tY�e present, owners, and the City should consider that as it goes through this. Ms. Dacy stated they do need to sit down with the owners of the properties that are affected. Ms. Savage stated this sounds as if this is very much in the preliminary stage. Ms. Dacy stated this was correct. Staff are convinced the owners will come back and provide specific information about how the language should be worded. The City objectives are clear that it wants to control exterior impacts and the volume of traffic. The owner's experience can help to write the ordinance. Ms. Savage stated she agreed with the goals. She felt the proposal was going in the right direction. She was in favor of '2.16 PLANNING CON�IISSION MEETING, FEBRUARY 19, 1997 PAGE 17 adopting the recommendation. Mr. Wedgewood stated, when the City alters zoning and possibly impairs the value of that property, what liability does the City have to compensate the owner for that de<:reased value. Does this amount to taking? Ms. Dacy stated the City has authority to change zoning on property. A taking technically occurs wlien there is no reasonable use of the property. You would hear thai; in the case of an industrially zoned property being rezonec� as residential. There are questions of value there but there h��s been a history of case law which says that, as long as there is a legitimate public purpose behind the rezoning action and ttiere is some reasonable use of the property, the courts have tenc�ed to find favor with the municipality. It is the same uses, same zoning. The only properties affected are those across froM a residential areas. There is a public purpose established to protect the residential areas. In her opinion in this case she did not believe that this was a taking. Mr. Kuechle stated, in most cases, the p�-operty would be of higher value as a manufacturing facility than as a warehouse.. There are perhaps fewer potential customers for it because of the limited uses. Mr. Oquist asked how long the moratorium would be. Mr. McPherson sta.ted the moratorium is fc�r 120 days. It expires at the end of May. Mr. Oquist asked how long it would take t:o get this proposed amendment in place. Ms. McPherson stated staff is proposing that, assuming the Planning Commission concurs and the City Council concurs, staff would come back at the end of March with the proposed ordinance language for the M-4 and also the amended language for the M-1 and M-2 and complete the process by the time the moratorium expires. Mr. Kuechle asked if the Keller proposal would be affected by the moratorium. Ms. McPherson stated it is a distribution activity but it is under the 10 dock limit so it is not affected. Mr. Oquist stated, other than being concerned about the present property, etc., he liked what this is attempting to do. � MOTION by Mr. Oquist, seconded by Mr. Kueclile, to recommend the 2.17 PLANNING CONIl�lISSION MEETING, FEBRUARY 19, 1997 PAGE 18 City Council pursue the following actions: l. Amend the existing industrial zoning districts to establish stricter standards for corner lots and lots adjacent to residential districts. 2. Establish a new industrial district enti.tled "M-4, Manufacturing Only", and rezone parcels as appropriate. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. REVIEW 1997 COMMUNITY DEVELOPMENT DEPARTMENT GOALS AND OBJECTIVES Ms. Dacy stated, in response to the previous meeting, staff has provided the Planning Commission with a copy of the 1997 goals and objectives for the Community Development Department. Also attached is a copy of the survey taken of the City Council members and the HRA and the results of that survey. The comment from the Commission to the City Council is that you want to get involved in some of the bigger things and look at the big picture for the community and participate in that decision-making process. Each department is now working on their 1998 goals and objectives. Any comments received at this meeting will be incorporated into the process to recommend that to the City Council. Ms. Dacy stated she gave the Commission the 1997 goals and objectives beeause Councilmember Bolkcom has talked about the exercise that staff put the City Council through last February. Staff asked them to imagine driving down'University Avenue and Highway 65 in the year 2 OOO and asked what they wanted to see. They identified 12 or l3 items they wanted to see accomplished by the year 2000. In order to accomplish some of those�objectives, staff backed those into current years to see what staff needed to do in order to accomplish that. Ms. Dacy stated, in general, their priorities from the City Council have been Lake Pointe, the southwest quadrant, and housing. Staff have accomplished a significant portion of those priorities. At Lake Pointe, MEPC is under contract, they have the indirect source permit, and they are moving on the intersection. On the southwest quadrant, half of the units are under construction and they hope that next year will be better. In the housing area, the City has a very successful revolving loan program. The Center for Energy and Environment (CEE) is providing one-stop service for home owners wanting to improve t:heir homes. The City has also started a dual track process where the HRA has allocated funds for a focus neighborhood. The Hyde Park area was 2.�� PLANNING CONIl�IISSION MEETING, FEBRUARY 19, 1997 PAGE 19 where they decided to start first. That was the neighborhood that has the highest number of poorer condition housing. The goal is to get people out improving their praperties. Ms. Dacy stated staff has a busy 1997. The priorities are to continue with the redevelopment projects-; evaluate a point of sale ordinance, and to try to get off the ground a more aggressive systematic code enforcement program. Ms. Dacy stated, in 1996, the City adopt<�d the junk vehicle ordinance. Mr. Schneider places a placa�rd on the vehicle. The owner then has five days to get rid of ir_. For this year, the plan is to systematically inspect half oL the City. They are trying to team code enforcement with the fire department, police department, etc. Ms. Dacy stated staff has enough work fo�- 1997 to take them through 1998. A State statute mandates t:o complete a new comprehensive plan by the end of the 1998. The City Council and Planning Commission need to find what thE� right mixture of citizen participation for planning is to get a vi_sion of what you want to accomplish for the City asking the questi_ons what do you want and how does it get there? Ms. Savage stated, as she looks through t:he goals and objectives, this looks excellent. She likes the idea of a beautification program which improves the image. All the goals are moving in the right direction. Ms. Dacy stated the beautification was also a part of the goals and objectives for 1996. Because there are other issues that come up, some of these things do not get done. Mr. Oquist stated they needed to look at programs long term. A garden is fine for beautification'`as long as people are there to maintain it, but there must be some things the City can do for the long term. He felt these goals and objectives were aggressive for 1997. Ms. Modig stated, when they talked about making some rules regarding paving driveways, she thought the Planning Commission decided to leave it as it is. Is that correct? Ms. Dacy stated the City Council did adopt the ordinance for the first reading to require those who have gravel driveways to pave their driveways. At fixst they had a five-year timeframe. The attorney stated to make it a part,of the law now and the City can choose not to enforce it for the agreed upon timeframe. The City has notified affected owners that the City will agree not to enforce or prosecute under the ordinance for a period of five .Z.y9 PLANNING COMMISSION MEETING, FEBRUARY 19, 1997 PAGE 20 years. The City Council was willing to pass it for first reading. One councilmember was conce�ned about the financial impact for some of the owners: The City hired CEE to try to contact each owner that is affected to try to determine that. Some owners have completed their driveways, others will wait the five years. Others have not responded. CEE submitted a report last week about the status. The next step is for staff to prepare a report for the City Council. Staff recommendation is that they adopt the ordinance for final reading. Many seniors stated to the City Council that they could not afford this. Mr. Kuechle asked how many driveways in the City are not paved. Ms. Da.cy stated staff thought it was about 250 to 300. Some areas have more than others, but they are scattered across the City. Mr. Oquist asked if there was notification to potential property buyers. During that five-year period, homes could be sold and the new owner may not realize that.this is a requirement. Ms. Dacy stated they are not required to do so under the law. That is an issue for staff to evaluate. Administratively, staff were planning to sent a letter to the people on the list on an annual basis to remind them. Mr. Kuechle asked what they thought the costs would.be. Ms. Dacy stated there is a range of costs depending on the length of the driveway. The typical cost for asphalt was $1,000 to $1,200. Staff was trying, as part of CEE's work, to get a list of people willing to go into a volume contract in order to get a better price. However, the response is not as good as they had hoped. Ms. Savage asked what their'idea was for the trailer parks.� Ms. Dacy stated the City manager prepared that part. There is no staff objective to redevelopment trailer parks. She thought the City manager was trying to give the City Council and HRA a series of options on different types of housing. � Mr. Oquist asked if they were planning to do anything about the junkyards. Ms. Dacy stated that was identified in the winter of 1996 to evaluate in 1997. What came up between that time and now is there has been more attention now in Hyde Park. They had Home Depot coming in and.the traffic analysis: The Appeals Commission-will be.seeing a request for a strip mall west of the former Dick's Wheel on the north side of 57th Avenue. The developer is putting : 2.2�; PLANNING CONIl�IISSION MEETING, FEBRUARY 19, 1997 PAGE 21 together his own redevelopment plan. The spotlight has shifted to Hyde Park and 57th. She did not think staff would be able to touch the issue of the junkyards this year. Ms. Modig stated Crysteel truck company have tall storage racks. The City gave Menards a hard time because they were putting their storage racks above the fence line. Crysteel has racks about 10 feet higher than the fence. That area is becoming an eyesore and they keep adding to it. Ms. Dacy stated perhaps staff should add that as an item. The industrial land moratorium and the telecommunications moratorium have thrown off their schedule. That is another reason why it takes longer than we expect. Ms. Dacy stated Ms. Modig raised a qood point about the appearance of that particular area. Perhaps staff should put on the list to be more aggressive on the code enforcement. Ms. Modig stated, when the offices were �irst built, that area looked quite nice. Now there is cardboard or similar materials covering the inside of the front doors of the building. The area of 73rd and Central is starting to get worse. Ms. Savage stated perhaps one of the reasons it is not a high priority is because it is not as visible. When you have occasion to go there, it is a mess. Ms. Modig stated she drives by there everyday. This is not a good image for the City. She liked the ideas that are included in the list. Ms. Modig asked, regarding the intersection at Highway 65 and Central, when talking about implementation and affecting the wetland, there is a drainage ditch to the east side. Is that affected by the wetlands law? Ms. Dacy stated, on the west side, they will have to address the wetlands act. She was not sure about the east side. Ms. McPherson stated, under the 1991 Wetland Conservation Act, drainage improvements are one of the activities that are exempt from replacement. They may have an issue with the watershed district because they have more stringent requirements. In terms of the State law, that is an exempt activity. In this case, it may be more beneficial to the lake because not as much silt or sediment will be dumped into the lake. Mr. Oquist stated he assumed that, as staff are going through these things, they will be coming to the Planning Commission for 2.21 PLANNING CO1�IISSION MEETING, FEBRUARY 19, 1997 PAGE 22 assistance. Ms. Dacy stated they would be doing that. She is to be meeting with the City Manager to discuss the 1998 goals and objectives. After that is drafted and put together, she will instruct staff to put that on the agenda for review. 4• RECEIVE THE MINUTES OF THE PARKS & RECREATION COMMISSION MEETING OF JANUARY 6, 1997 MOTION by Mr. Kuechle, seconded by Mr. Oquist, to receive the minutes of the Parks & Recreation Commission meeting of January 6, 1997. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNp,NIMOUSI�Y . 5. RECEIVE THE MINUTES OF THE ENVIRONMENTAL QUALITY & ENERGY COMMISSION MEETING OF JANUARY 21, 1996 MOTION by Ms. Modig, seconded by Mr. Oquist, to receive the minutes of the Environmental Quality & Energy Commission meeting of January 21, 1997. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNp�JIMOIISLY. ADJOURNMENT MOTION by Mr. Kuechle, seconded by Mr. Oquist, to adjourn the meeting. UPON A VOICE VOTE, AT•T• VpT�G �yyE � CAAIgpEg�p� ��GE DECLARED THE MOTION CARRIED AND:TSE FEBRUARY 19, 1997, PLANNING CpNIl�lISSION. MEETING ADJOURNED AT 9:16 P:M. Respectfully submitted, � �11�1 /� l.L� Lavonn Cooper Recording Secretary 2.22 0 S I G N— IN S H E E T PLAPiNING COMMISSION.MEETING, February 19, 1997 2.23 CITY OF FRIDLEY PLANNING C�fl�IISSION MEETING, MARCH 5, 1997 CALL TO ORDER: Chairperson Savage called the March 5, 1997, Planning Commission meeting to order at 7:27 p.m. ROLL CALL: Members Present: Members Absent: Diane Savage, Dave K:ondrick, LeRoy Oquist, Dean Saba, Brad Sielaff, Larry Kuechle Connie Modig Others Present: Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant Fred Richter, Steiner Development, Inc. Michael Schrader, SVC, 5501 Lakeland Avenue, Crystal, Minnesota APPROVAZ OF FEBRUARY 19, 1997, PLANNTNG COMMISSION MINUTES: MOTION by Mr. Oquist, seconded by Mr. Kuechle, to approve the February 19, 1997, Planning Commission m�nutes as written. UPON A VOICE VOTE, ALL VOTING AYE, CEAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING: CONSIDERATION OF A PLAT, P.S. #97-01,. BY STEINER DEVELOPMENT INC.: To replat property on part of Lot 5, Revised Auditor's Subdivision No. 77, generally located at 193 - 223 Osborne Road N.E. MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to waive the reading of the publie hearing notice and to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND T8E PUBLIC HEARING OPEN AT 7:28 P.M. Ms. McPherson stated the plat request is by Steiner Development for property generally located at the intersection of Main Street and Osborne Road, east of the Burlington-Northern railroad tracks and also east of East River Road. The proposed plat will replat two parcels of land generally located at this intersection. The first parcel is approximately 8 acres in area and with a 103,000 square foot office/warehouse building: The second parcel is slightly smaller, approximately 4 acres in area, and located to the west of the first parcel and is currently vacant. The vacant parcel fronts on Osborne Road. ' 3:01 PI�,NNING COMMISSION MEETING MARCg 5, 1997 PAGE 2 Ms. McPherson stated the purpose of the replat is to realign the common property line to the east. The new plat would contain two lots as currently exist; however, the common lot line will be adjusted to the east as indicated on the plat drawing. The petitioner is proposing to construct a 50,000 square foot speculative office/warehouse industrial building on the vacant parcel. In order to meet the setback requirements, the petitioner is proposing the realignment of the lot lines. Ms. McPherson stated, as the two parcels will contain buildings using a common entrance and sharing driving and parking aisles, staff is recommending that cross parking and access easements be recorded at Anoka County. In addition, staff received comment back from the County as Osborne Road is a county highway. The County is requesting the construction of a"pork chop" median in the driveway area to limit access as "right in" and "right out" of the site to prevent any left turn movement onto eastbound Osborne Road. Staff is recommending a second stipulation which will state that the petitioner will install the "pork chop" median in accordance with County standards as requested in their letter which was received March 5, 1997. Ms. McPherson stated to access east bound Osborne Road one would go north to 77th Avenue, east on 77th, south on Main Street and then east on Osborne Road. While it is not signalized this is a major intersection. Ms. McPherson stated, in terms of the M-2, Heavy Industrial, standards, both lots exceed the Heavy Industrial district requirements of lot area and lot width. Once the petitioner or a subsequent developer chooses to develop on the second parcel, the proper grading, drainage and landscape plans will need to be submitted at the time of building permit application. Ms. McPherson stated staff is recommending approval of the request with two stipulations: l. Cross-parking and access easement shall be recorded at Anoka County. 2. The petitioner shall install the "pork chop" median as requested by Anoka County and by Anoka County standards. Mr. Kuechle asked what staff's feeling on traffic going out to the end of the lot and out onto Main Street. That seems like a long way to go. Will drivers do that or will they try to go around the median? 3.02 PLANNING CONIl�lISSION MEETING, MAFtCH S, 1997 PAGE 3 Ms. McPherson stated most of the traffic that is currently occurring along the rear of the building is more of the semi trailer truck traffic. She stated that 77th and Main Street can handle that type of traffic. People may try to go around that island; however, it is pretty difficult sometime to get out at Main Street onto Osborne Road. The added maneuvering to get around that traffic diverting "pork chop" may make it more difficult to do that. Mr. Kuechle asked what kind of traffic is there. Is it mostly people who go there for work? Ms. McPherson stated the petitioner would be better able to answer that question. With an office/warehouse use, you would see predominantly truck traffic and typical 8:00 a.m. to 5:00 p.m. type of traffic for the office users. Mr. Richter, who is representing Steiner Development, can speak more clearly as to what types of traffic they are experiencing at. the existing building. Mr. Richter stated Steiner Development developed the Osborne Commerce Center Phase I. They also own Commerce Circle and bBC in Fridley. When they bought the land on Osborne Road for Phase�I on the 9 acres, they developed there the same type of building as for Phase II which is a multi-tenant office/warehouse. They have a parking ratio of 200 office/80o warehouse. All hours are 9 to S. There is no retail. The traffic patterns will work for them. They initiated that letter with the County so they are aware of the situation on Osborne. The replat is brought on by making the Phase II site economically feasible. It is a rather small site and there are easements on the south side along Osborne Road for the St. Paul water utilities and on the west side an NSP easement. The buildable area is quite:small. To make it work, they are adjusting the property lines to get a large enough building that is suitable. The layout will be like the existing. The truck docks will be in the rear and office space in the front. Ms. Savage asked if the petitioner had any problems with the stipulations. Mr. Richter stated no. They have already put easements in their partnership agreement. On the second stipulation, the letter was in response to them sending the.County their drawings. Mr. Sielaff stated the docks are in the back. Where will the trucks go out? Mr. Richter stated, because of the wide dimensions, there will be a one way system where they will move to the west. 3.03 PLANNING COMMISSION MEETING, MP,RCH 5, 1997 PAGE 4 Mr. Sielaff stated the truck traffic would also be going down that road. Mr. Richter stated yes. If Osborne does get upgraded, it will help the situation. Now they have had trouble with tenants taking turns in there. He did not know what the County plans are. It is a rather long block. It is unique with the railroad tracks and a dead end with high speed traffic. Perhaps in the future with access to the property to the south, it may require reconsideration. Mr. Sielaff stated that is not a road there. That is just the area for the warehouse. Mr. Richter stated yes, but there is some landlocked property on the south side of Osborne who will in the future need access. There may be an opportunity to open that up in the future. That is up to the County. They are fine with the way it is. They purchased the property knowing there were some issues. Mr. Kondrick asked, in that corridor between the existing building that faces Main Street, could that get clogged with semis and then prevent people with semis from leaving this facility by the proposed route. How wide is that? Mr. Richter stated they have oversized the dimensions so there is room. Under normal conditions, there is no problem. Maneuvering may be a problem. That would be their problem as building managers. MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE,`"CHAIRPERSON $AVAGE DECLARED T8E MOTION CARRIF�D p�1�iD TgE pIIgLIC HEARINC, CLpSg.D AT 7: 42 P. M. MOTION by Mr. Kuechle, seconded by Mr. Oquist, to recommend approval of Plat, P.S. #97-01, by Steiner Development Inc., to replat property on part of Lot 5, Revised Auditor's Subdivision No. 77, generally located at 193-223 Osborne Road N.E., with the following stipulations: 1. Cross-parking and access easement shall be recorded at Anoka County. 2. The petitioner shall install the traffic diverter median as requested by Anoka County and by Anoka County standards. 3.04 PLANNING CONIlKISSION MEETING I�1RCg 5 1997 PAGE 5 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRpERSON SAVAGE DECLARED T8E MOTION CARRIED UNp,NIMOUSLY. Ms. McPherson stated the City Council could consider this request on March 31. 2• PUBLIC HEARING: CONSIDERATION OF A COMPREHENSIVE PLAN AMENDMENT, CPA #97-01, BY ALVAN SCHRADER: To change the land use designation from commercial to industrial in the City's Comprehensive Plan for Lot 3, Block l, Central View Manor 3rd Addition, Lots 4, 5, and 6, Block 1, Central View Manor, and the West 10.94 feet of Lot 3, Block 2, Central View Manor 3rd Addition, generally located at 1155 - 73 1/2 Avenue N.E. MOTION by Mr. Kondrick, seconded by Mr. Saba, to waive the reading of the public hearing notice and to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CEAIRPERSON SAVAGE DECLARED THE � MOTION CARFtIED p,ND THE pUgL�C ��JG OPEN AT 7: 43 P. M. Ms. McPherson stated the request is a Comprehensive Plan Amendment by Mr. Michael Sehrader representing Alvan Schrader for property generally located at the intersection of 73 1/2 Avenue and Highway 65. The Commission reviewed a rezoning request from C-3, General Shopping Center, to M-1, Light Industrial, which the Commission recommended approval and which the City Council also approved. Ms. McPherson stated the Comprehensive Plan was completed in 1980 and indicates this parcel as being commercial in designation. In order to make the zoning and the land use designation consistent, the City must pass a Comprehensive P1an Amendment. Staff has reviewed the request with the standards set forth by the Metropolitan Council, and have found that this change in land use has no impact on the wider metropolitan system. Therefore, staff recommends approval of the Comprehensive Plan Amendment. Mr. Kondrick asked if there were any comments from the neighbors. Ms. McPherson stated staff received no comments regarding this request. Mr. Schrader stated, on behalf of Mr. Alvan Schrader, this request is to fulfill part of a stipulation for the zoning change for the property to be developed as a self-storage facility. This is one of the two stipulations in order to complete this task. He is available for any questions. There have been no problems with the neighbors thus far. 3.05 PLANNING COI�iISSION MEETING MARCH 5, 1997 PAGE 6 MOTION by Mr. Saba, seconded by Mr. Kondrick, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAYAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:46 P.M. Mr. Oquist asked why this was not addressed at the same time as the rezoning request. Ms. McPherson stated this is typically done after the rezoning request is approved. MOTION by Mr. Kondrick, seconded by Mr. Saba, to recommend approval of a Comprehensive Plan Amendment, CPA #97-01, by Alvan Schrader, to change the land use designation from commercial to industrial in the City's Comprehensive Plan for Lot 3, Block 1, Central View Manor 3rd Addition, Lots 4, 5, and 6, Block 1, Central View Manor, and the West 10.94 feet of Lot 3, Block 2, Central View Manor 3rd Addition, generally located at 1155 - 73 1/2 Avenue N.E. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. McPherson stated the City Council could consider this request on March 31. 3. RECEIVE THE MINUTES OF THE APPEALS CONII�IISSION MEETING OF JANUARY 29, 1997 MOTION by Mr. Ku�chle, seconded by-Mr-. Oquist, to receive the �ninutes of the Appeals Commission meeting of January 29, 1997. UPON A VOICE VOTE, ALL VOTING AYE, CAAIRpERSON SAVAGE DEC?�ARED TSE MOTION CARRIED UNANIMOUSLY. 4. RECEIUE THE MINUTES OF THE PARKS AND RECREATION COMMISSION MEETING OF FEBRUARY 3, 1997 MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to receive the minutes of the Parks and Recreation Commission meeting of February 3, 1997. UPON A VOICE VOTE, ALL VOTING AYE, CBAIRPERSON SAVAGE DECLARED THE MOTION CAFtRIED UNANIMOUSLY. OTHER BUSINESS: Mr. Hickok stated the Commission has before them a newsletter put 3:06 PLANNING CONII�IISSION MEETING MARCH 5, 1997 PAGE 7 together in response to the comments received about being tied more closely to what is going on in the development area. Ms. McPherson developed the newsletter which will become a part of the agenda packet. Any information items the Commission would like added should be forwarded to staff. Mr. Sielaff asked if the newsletter was available for the general public. Ms. McPherson stated it could be. That would have to be discussed with the City Manager. The newsletter was passed out to the City Council, to the five commissions to whom the Community Development staff provides services, and to the Chamber of Commerce. Ms. Savage thought the newsletter was well done and very helpful. ADJOURNMENT MOTION by Mr. Saba, seconded by Mr. Oquist, to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE MARCg 5, 1997, PLANNING CO�flKISSION.MEETING �iDJOURNED AT 7: 50 P. M. Respectfully submitted, �r Lavonn Cooper Recording Secretary 3.07 s I G N— IN S H E E T rL2�iNING COMMIggIpN.MEETING, _ March S, 1997 3.08 CITY OF FRIDLEY PROJECT SUMMARY DESCRIPTION OF REQUEST• Steiner Development requests that property generally located at the northwest corner of the intersection of Main.Street and Osborne Road be repiatted.. The replat wili create two industrial lots with the existing common lot line readjusted 90 feet to the east. The purpose of the replat is to allow construction of a 53,000 square foot office/warehouse building. SUMMARY OF ISSUES• The lots resulting from the proposed plat exceeds the minimum requirements of the M-2, Heavy Industrial district. One of the two proposed lots is already developed as the Osborne Commerce Center. The developer of the remaining lot will be required to submit grading, drainage, and landscape plans in compliance with the M-2, Heavy Industrial district requirements when applying for the building permit. The County has requested a triangular raised island in the driveway on Osborne Road limiting access to Osborne Road as right-in and right-out. RECOMMENDATION- Staff recommends that the Planning Commission recommend approval of the plat request, P.S. #97-01, by Steiner Development, with one stipulation: 1. Cross-parking and access easements shall be recorded at Anoka County. PLANNING COMMISSION ACTION• The Planning Commission voted unanimously to recommend approval of the request to the City Council with two stipulations: 1. Cross-parking and access easements shall be recorded at Anoka County. 2. The petitioner shall install the triangular raised island in the driveway as requested by Anoka County. CITY COUNCIL RECOMMENDATION• Staff recornmends that the City Council concur with the Planning Commission action. 4.01 Project Summary Plat, P.S. #97-01, by Steiner Development Page 2 Petition For: Location of Property: Legal Description of Property: Size: Topography: Existing Vegetation: Existing Zoning/Platting: Availability of Municipal Utilities: Vehicular Access: Pedestrian Access: Engineering Issues: Comprehensive Planning Issues: Public Hearing Comments: PROJECT DETAILS A replat of property to move a common lot line. Generally located in the northwest corner of the intersection of Osborne Road and Main Street. Pa�t of Lot 5, Revised Auditor's Subdivision No. 77 Total 12.92 acres (4 & 8.92 acres) Mostly flat Scrub vegetation on a portion, typical suburban on the remainder In Osborne Road Osbome Road Bikeway/walkway along north side of Osborne Road N/A ' 4.02 Project Summary Plat, P.S. #97-09, by Steiner Development Page 3 WEST: Zoning: S TH: Zoning: EAST: Zoning: N RTH: Zoning: Site Planning Issues: REQUEST ADJACENT SITES: RR-Railroad M-2, Heavy Industrial M-2, Heavy lndustrial M-2, Heavy Industrial Land Use: BNSF inain line Land Use: Vacant Land Use: Vacant Land Use: Industrial multi-tenant Steiner Development requests that property generally located at the northwest corner of the intersection of Main Street and Osborne Road be replatted. The replat will create finro industrial lots with the existing common lot line readjusted. The purpose of the replat is to allow construction of a 50,000 square foot office/warehouse building. ANALYSIS The subject parcel remained vacant until 1996, at which time the petitioner constructed a 102,000 square foot office/warehouse building parallel to Main Street on the east portion of the property: The remaining portion of the property is still vacant. The proposed plat would move the common lot line between the parcels. The lot line needs to be realigned in order to meet the setback requirements for the proposed 50,000 square foot office/warehouse to be built on the remaining vacant portion of the subject site. Cross-parking and access easements will be �ecorded between the parcels so that they may share a common driveway onto Osborne Road. Access may be gained from Osbome Road, however, traffic may not tum left onto Osborne Road. The County has requested construction of a triangular raised island in the driveway limiting access to Osbome Road to right-in and righ#- out movements (see attached letter). The access easement will allow exiting onto 77�' Avenue. The easements should be recorded against the properties. Both parcels created by the plat exceed the M-2, Heavy Industrial district requirements. The petitioner will be required to submit grading, drainage, and landscape plans which comply with the M-2 district requirements at the time of building permit application. 4.03 Project Summary Plat, P.S. #97-01, by Steiner Development Page 4 STAFF RECOMMENDATION TO THE PLANNING COMMISSION: Staff recommends that the Planning Commission recommend approval of the plat request, P.S. #97-01, by Steiner Development, with one stipulation: 1. Cross-parking and access easements shall be recorded at Anoka County. PLANNING COMMISSION ACTION: The Planning Commission voted unanimously to recommend approval of the request to the City Council with two stipulations: 1. Cross-parking and access easements shall be recorded at Anoka County. 2. The petitione� shall install the triangular raised island in the driveway as requested by Anoka County CITY COUNCI� RECOMMENDATION: Staff recommends that the City Council concur with the Planning Commission action. ' 4.04 r � � � � ►�: � � � � � :� �� -� . �� - nn�ne _: _ D _ � . ' �� / �� ,.- � �� ' t: , ��,� �e 4 I � ��: (� 1�1 - or,e Farriy Urr'ts 0 t�2 - Two Fan,'y urtts [� R3 - General Mldpie Ur�its � R 4- Nbbile Ftorrie Parks � PUD - Planned Urrt DeWSb�xr�nt � S�1 - Hyde Park Neighborhood S2 - Redevelaprr�art Oishict C] G1 - L.aal Business G2 - Ger�eral 8usir� � G3 - G�eral Shopping � cR, - c� or�oe 0 N41 - Light Indstrial o �.2 -�� _ nn,3 - oudoor i�x� �,, a,a. � �t - �r� rv:� P - Public Facilities Q w4�R � Poc�{r-o�vuaY � . ,. � • � .=' �� : -_` nn�r� Plat Req�st, PS: 97-01 This request, by Steiner De�reloprr�nt, ' WI�) t'eSll�IVI!C�'tilE SIJbJ� �t� above. The new piat will still oontain two lots, with a change in the oorr�rran lot line betw+een the iwo paroels. – -= A ;� � 22fi197 � � 50 0 50 100150 200 250 �'.'r Feet c:��d�a�r�,ar� reoo��a' Q1 Q'�108 I�10.`7CI8rld ZOf1ii'KJ �yg da�e1/27/56logett�erwAhaaN p� ,,: arnes ado�led and eliecti�e as af 2/1 /9r7. ��r��►n��n�y�«rmp�. vide the most up��o-da@� inFarrra�tion available The ciata p�ed ha�e iS S(ibjeu to change, The C'dY af �ricley w71 not be r�spo�Ie fior � e�ras or us�ge of tl�is doarr�t. . � a � A �/. 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X 862.6 '� �� / ,� � � � i L ses.�- � \ / . 62. 6 % X 861 .U4 � a � — — — — — — — —> PROPOSED // o° ' � O , s� ACCESS / ^e � � �26 � 6, �'L�'j 62. �i . ElSEMENT �p 3 C l� ��,r' I ' J �� ,� � � � / 0�,� J � ¢ � � ok •p , •� �� , i cAtc� g,�sw �J ��t�e X 861.7 ; ; \ � , - / �et�e ' . 1' �PROPG��D � �. J ti,�,e k�° � '�u LOTLINE �rG,s; `l�. X 859.65 �c 0 p � � � CA M S �' � � < 6L, H � . �.�`'= .. z- � 6` c`'�y�R c�j , � G M v � . ��\ e�nc �, i� ' � ,+ �° + tS' '� O 7- � t � p o' � CON�RETE CU B `— CONCF . . D�1 � ' , ; •` ) � u• '• l.38 BITU►diNOUS ' I � ' � �, � o+� � 6` r� ' �' p� ' X ' r ��•' ' \ �' j \ Mr? sE.r_a � � �, r d6� 6'S� "' � cf� e5..« � ��x .0 � .� 6` / �, .' �v � ! Q N / �o; .� � j 1� N � �e� � E .� 0 /� 5. .3 °� p a` / y��j � F�o ' �\� � ' . 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('� / � l� As� �. � ti - � ¢�0 �1 / . � 0 86z �� / / � 'i-Q,�.ec� �\ ` / � / \ / / / / `�`� tie � � � * �o�� \ � . / , ,/ / � / ,. � ,�o�l�s,� � � / <<� � / � � �j: ��- 1 / e' ' / �J 2.8 � o �o- , :� ��:F 'fi ; � Pi�A� ��EA . e'� o°� � /'� 0 0� \ � � i �1P�� \ � / : / +°"� ��ti. . � . �:�,� `,':�'' v�' ♦ ��'NES4� Frederick Richter Steiner Development, Inc. 36 i 0 South Highway 101 Wayzata, MN 55391 Dear Mr. Richter: COUNTY OF ANOKA Pubiic Services Division HIGHWAY DEPARTMENT 1440 BUNKER LAKE BLVD NW, ANDOVER, MINNESOTA 55304 (612) 754-3520 FAX (612) 754-3532 February 27, 1997 We have reviewed the plans of the Osborne Commerce Center Project Phase Two located in the City of Fridley and offer the following comments: As previously agreed to the right in access constructed during phase One can be converted to a right in/right out access for Phase Two expansion. To ensure that only right in/right out turning movements are made at this access it will be necessary to include a triangular shaped raised island to sepazate inbound and outbound traffic and restrict outbound traffic to right turns only. I have attached a sketch depicting the general shape and location of the required raised island. This island must meet State Aid Standards. Details of the design of this island are to be coordinated through Doug Fischer, Assistant County Engineer. Anoka County H'ighway Department will install all necessary traffic control devices associated with this island. The contractor and/or developer will be advised, at the time a pernut is issued, to keep us informed as construction proceeds to coordinate the installation of these devices. Please feel free to call me at 754-3520 if you have aznr questions. Sincerely, Roger Butler Traffic Engineering Coordinator � xc: Jane Pemble, Traffic Engi.neer � Doug Fischer, A.ssistant County Engineer Scott H'ickok, City of Fridley 4.�is Affi�mative Action' 7 Equai Opportunity Employer / _ _ , / �, �\\ / �, ,�, , , ( � � \ \�� O �t- �t- .tD � 0 t` . \ __ co tt � ca � �� _ O � � � O �� N �� ^��'"� � � � �� s« /� / N � � � � � Q � �a � a� ' Q � � � ll� '� N � 4i W N � � � � � , z°� � N � ; � � � � ? i � ! i � ; � ; � � � � I � i ! i � ; � � ( i � 1 4 j ; ! I I ir) � � � t1') Ii � � �oo � _,c�� .��. � � � 8 � w ;i ' 1 �- � � �i� �/ t� Z !: � a �i ! m �' � �. + � � I U 1 i : 4.Q9 � � _ � �.- ; � ; : � ; ; z�� w; t�n � ' w� � � >�; ' Om' , ��; W � � U ; . � � ! i , i i ' s t ' . � . �Z . �O : �� : �� W �� . � H �� : � � � c� � �Q : ! : - ; j : _ ; , �_ P.S Ste: 1�97-0 1 .ner Development CITY OF FRIDLEY PROJECT SUMMARY DESCRIPTION OF REQUEST• Mike Schrader requests that the land use designation in the Comprehensive Pian be changed from Commercial to Industrial for property at 1155 - 73 %Z Avenue which was recently rezoned to M-1, Light IndustriaL SUMMARY OF ISSUES The petitioner is proposing to construct a 30,000 square foot self storage facility on the property. The City Council approved a rezoning to allow this development. This development will add 30,000 square feet of warehouse space to the industrial supply of the City. In 1995, the City's industrial inventory was reduced by 14.5 acres by a change from Industrial to Commercial. The proposed amendment would return 9.84 acres to the City's inventory of industrially zoned property. RECOMMEN9ED AC�'ION• The City Council recently approved the rezoning request. The proposed change in land use designation poses no adverse impacts to the Metropolitan Systems, therefore, staff recommends that the Planning Commission recommend approval of the request to the City Council. PLANNING COMMISSION CTION The Planning Commission voted unanimously to recommend approval of the request to the City CounciL ! CITY COUNCIL ECOMMENDATION ! Staff recommends that the City Council concur with the Planning Commission action and approve the attached resolution. 5.01 Project Summary Comp. Plan Amendment, CPA #97-01, by Mike Schrader Page 2 Petition For: Location of Property: Legal Description of Property: Size: Topography: Existing Vegetation: Existing Zoning/Platting: Availability of Municipal Utilities: Vehicular � Access: Pedestrian Access: Engineering Issues: Comprehensive Planning Issues: Public Hearing Comments: PROJECT DETAILS A.change in the land use designation in the comprehensive plan from Commercial to IndustriaL 1155 - 73'/2 Avenue Lots 4, 5, and 6, Block 1, Central View Manor; Lot 1, B1ock 1, Central View Manor 3`d Addition; the West 10.94 feet of Lot 3, Block 1, Central View Manor 2"d Addition 80,007.5 square feet (1.84 acres) Uneven due to historical fill activities Scrub trees; ash, cedar, Chinese elm G3, General Shopping Center Available 73'h Avenue- N/A Stormwater The zoning and comprehensive plans are not consistent in this location. To be taken. � 5:02 Project Summary Comp. Plan Amendment, CPA #97-01, by Mike Schrade� Page 3 WEST: SO TH: EAST: NORTH: Zoning: Zoning: Zoning: Zoning: Site Planning Issues: REQUEST ADJACENT SITES: P, Pubfic M-1, Light Industrial M-1, Light Industrial Land Use: City wellhouse and filter plant Land Use: Industrial Land Use: Industrial, multi-tenant R-4, Mobile Home Park Land Use: Mobile home park Mike Schrader requests that #he land use designat�on in the Comprehensive Plan be changed from Commercial to Industriai for property at 1155 - 73'/2 Avenue which was recently rezoned to M-1, Light IndustriaL ANALYSIS Property History The petitioner has owned the property since 1972. The site has been used intermittently for mobile home sales: The Comprehensive Plan designates the subject parcel as Commercial. Property to the north is designated : Medium _Density Resider�tial. Property to the east is designated Industrial. This request would be an extension of the land use designation to the east. Impact on Metropolitan Systems The following criteria are based on criteria used by the Metropolitan Council to evaluate plan amendments: Changes to Urban Service Boundary The City of Fridley is a first-ring suburb that is entirely within the Urban Service Boundaries as defined by the Metropolitan Land Planning Act (Minn. Statute 473.851 - 473.872). Impacts to the boundary do not apply to this proposaL 5:03 Project Summary Comp. Plan Amendment, CPA #97-01, by Mike Schrader Page 4 Changes to Timing and Staging of Urban Service Area Staging of the Urban Service area does not apply to this proposal since the area is within the existing urban service area. Wastewater Treatment There will be no increase in the amount of wastewater trea#ment as a result of changing the land use from Commercial to Industrial. Discharge to More than One Metropolitan Interceptor The flow from this amended area goes to 4-NS-521 in accordance with regional plans. The flows will not be diverted from one interceptor to another. Transportation System The traffic generated by the addition is not anticipated to adversely impact the adjacent roadways. The adjacent roads are designed to accommodate industrial traffic. It is anticipated that this development will generate less�than five employees. There are five parking stalls proposed in the development. Aviation The proposed development is not anticipated to have any impact on the Metropolitan airport. The development will not be detrimentally impacted by airport noise. Recreation Open Space There will be no impact to the local or regional open space system. ' Housing This amendment will not impact the City's housing plan (long-term or short-term goals). Employment Less than five employees wiil be added to the City's employment base by this development. �� 5.04 Project Summary Comp. Pian Amendment, CPA #97-01, by Mike Schrader Page 5 STAFF RECOMMENDATION TO THE PLANNING COMMiSSiON There is no impact to the Metropolitan Systems by this request to change the land use designation from Commercial to Industrial. Staff recommends that the Planning Commission recommend approval of the request to the City Council. PLANNING COMMISSION ACTION: The Planning Commission voted unanimously to recommend approval of the request to the City CounciL CITY COUNCIL RECOMMENDATION: Staff recommends that the City Council concur with the Planning Commission action ` 5:05 RESOLUTION NO. - 1997 RESOLUTION APpROVING A COMPREHENSIVE PLAN AMENDMENT, CPA #97-01, TO CHANGE LAND USE DESIGNATION FROM COrIl�RCIAL TO INDUSTRIAL IN THE CITY'S COMPREBENSIVE PLAN, GENERALLY LOCATED AT 1155 - 73 '%� AVENUE N. E. WHEREAS, the Planning Commission held a public hearing on the Comprehensive Plan Amendment,.CPA #97-01, on March 5, 1997 and recommended approval; and WHEREAS, the City Council also conducted a public review of the Comprehensive Plan Amendment at their City Council meeting and approved the amendment at their meeting; and WHEREAS, the Metropolitan Land Planning Act (Minn. Stat. 473.851 - 473.872) requires that local government units prepare and submit minor amendments to their Comprehensive Plan to the Metropolitan Council; and WHEREAS, a minor amendment is defined as changes to the future land use plan where the affected area is small or where the proposed future land use will result in minor changes in metropolitan urban service demand: changes in the urban service area involving less than 40 acres; change to plan goals and policies that do not change the overall thrust of the Comprehensive�Plan; and WHEREAS, the City has determined this to be a mirior amendment. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley hereby approves the Comprehensive Plan Amendment, CPA #97-01. PASSED AND ADOPTED BY TSE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 1997, NANCY J. JORGENSON - MAYOR ATTEST: WILLIAM A. CHAMPA - CITY CLER. �� v:Of ��.::�:y �t �' : :.�. � MEMOI�:ANDiTM PLANNING DIVISION DATE: March 17, 1997 TO: ;;�Vl/illiam Burns, City Manager fi �� FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Kurt Jensen-Schneider, Planning Assistant SUBJECT: Appointment to the No�th Suburban Consumer Advocates for the Handicapped (NSCAH) We were recently informed by Jesse Ellingwor#h, Executive Director of NSCAH, that James Bauer of 7630 Bacon Drive is seeking an appointment by the City of Fridley to serve as the Fridley representative to NSCAH. NSCAH was founded in 1974 and has the following goals. 1. Promoting self-advocacy and involvement of persons with disabilities in making decisions and in changing serve assistance. 2. To be as independent as possible 3. To learn how to participate in the community 4. To increase visibility in the community 5. To bring people with disabilities together 6. To learn to speak up for ourselves and others. Staff has contacted Jesse Ellingworth of NSCAH to confirm and discuss the suggested appointment of James Bauer to NSCAH. Mr. Bauer is a 20 year resident of Fridley and has a strong willingness to senre as the Fridley tiaison to NSCAH. Mr. Bauer has not been approached about serving on the Human Resources Commission; however, the past liaison to NSCAH did serve on the Human Resources Commission. s.� � Appointment to NSCAH March 17, 1997 Page 2 Recommendation: Staff recommends that James Bauer of 7630 Bacon Drive be considered and appointed as the Fridley liaison to the North Suburban Consumer Advoca#es for the Handicapped, Inc. In addition, staff suggests that the City inquire if Mr. Bauer would be interested in serving on the Human Resources Commission. Mr. Bauer can be reached at 784-9575 if you have any questions or wish to discuss this matter with him. KJS:Is M-97-135 �,OZ City of Fridley TO: William W. Bums, City Manager �,� �Y PW97-80 , FROM: John G. Flora, Public Works Director DATE: March 31, 1997 SUBJECT: Lake Pointe Intersection Off-System Funding The City will be the agent for completing the improvements on Highway 6S/Lake Pointe/I- 694 intersection. To process the project and obtain the off-system funds for the City's contribution, a resolution requesting off-system funds is necessary. The attached resolution requests off-system Municipal State Aid funding for the preliminary and final design of the project as well as the federal matching funds contribution to the project and the City's engineering and administrative costs. Recommend the City Council adopt the attached resolution requesting off-system funding of the Lake Pointe/TH 6S/I-694 improvement project No. ST. 1996-7. JGF:cz Attachment 7.� � RFSOLUTI�T 1�U. - 1997 •i� • � •: • �.. • • �. � i�i i w • : v• r: • �. � �i ��: �• • r:i: �+ � i�:�� i� ��;�: a •r •� w •�� •�� - �� n � i:�c• v �1�1' • •�� I:�i •)' �. •�!'�V� i: � �1•�.'i:r �: 1 I•�•�� :r I:n •,•.1�� Wi�REAB, The City of Fridley arid the State of Mi.nnesota Depar�ent of Transportation is pY�q�osir�g a project to improve the traffic oontrol, signal equi�anent, and lane d�annelization on Highway 65 at I-694 ar�d I,�c,� Pbinte intersections, and �S, it has been dee�med advisable ar�d neoessary for the City of Fridley to participate in the Minnesota Depar�ent of Transportation intetsectioa� i�rovement proj ect on Highway 65 at I-694 and Iake Pbirit�e Drive, and �,S, said c�t�ticaz project is beirig sukanitted to the Mitu�esota Department of Transportation State Aid office and identified in its records as S.P. No. 0207-68 and S.A.P. 127-010-13 aryd ST. 1996-7, and �, the City has agreed to �plete t2�e prelimir�azy ar�d fina]. d�sign for the State in on�er to expedite the proj ect �letion, and �iS, the federally funded project requires 20°s matching funds. r�w. �+o�, BE rr �o�,v� � t� citY axm�ii of the City of Fridley, c�ntY of Anoka, that the intersection described as follows, to wit: T�l'I�lllll Highway 65 TH 65 frcan the south ra�s of I-694 to Iake Poirite Drive in the City of Fridley BE IT FORT�12 R�'�OLVED Zi�T, the City C7oR�ci1 of th,e City of FYidley, Ano}ca Co�uitY. MiruZesota, that an apprapri.ation frcan the Nl�u�ici.pal State-Aid Ftands in the amo�mt of $719, 800. 00 be ma,de to apply toward de.sign, engine�ring at�d �nstnictioai of said project arid request the Oatenissiar�er of tt�e Department of Transportation apprave this appropriation. PASSED A1�ID ADOPI'ED SY '!� CITY aO�IL �' '!� CITY 0�' FRIDLEY 3ffi8 318T �lY 0�' I�ilt�, 1997. � WILI�IAM A. (�IAMPA - CTTY CI�2K 7.02 NANCY J. JO�iSON, MAY�2 ( City of Fridley TO: William W. Bums, City Manager fir��' W97-070 FROM: John G. Flora, �lic Works Director DATE: March 31, 1997 SUBJECT: Miscellaneous Concrete Curb and Gutter and Sidewalk Project No. 305 On Friday, March 14, 1997, at 10:00 am bids were opened for the Miscellaneaus Concrete Curb and Gutter and Sidewalk Project Na 305. Specifications were sent to 11 contractors and nine bids were received. The low bid was submitted by� S: M Hentges of Jordan, MN, in the amount of $41,933. The 1997 project includes remedial sidewalk, curb repair and replacement in the City whether due to utility repairs or driveway entrance permit. This project also covers additional concrete footings and slabs at the Recycling Center. The low bid for the 1996 miscellaneous concrete curb and gutter and sidewalk project was in the amount of $42,842.50. Recommend the City Council receive the bids and awazd the contract for the Miscellaneous Concrete Curb and Gutter and Sidewalk Project No. 305 to S. M. Hentges in the amount of $41,933. JGF:cz Attachment $.o'i BID FOIt PROPOSALS MISCEL CONCRETE CURB & GUTTER AND SIDEWALB pROJECT NO. 305 F�ZIDAY, MARCH 14, 1997, 10:00 A.M. PLANHOLDER ; BID BOND BID �OMi1�ENTS:.. :: S. M. Hentges 5% American Inst. $41,933.00 650 Quaker Ave P O Box 69 Arch Jordan MN 55352 Landmark Concrete 5% Ohio Casualty $46,187.10 17630 Hwy 65 Ham Lake MN 55304 Independent Curb 5% Capital Ind. $47,273.25 1111 Highway 25 Corp. Buffalo MN 55313 Schmidt Curb Co 5% Old Republic $51,535.00 13195 95th St Elk River MN 55330 Gunderson Bros Inc 5% Capital Ind_ $52,667.50 2325 Snelling Ave Minnea olis MN 55404 Ron Kassa Construction 5% Granite $55,451.25 7438 Upton Richfield MN 55423 Halvorson Const Co. 5% United Fire & $57,510.00 1345 157th Ave NE Cas. Anoka MN 55304 Standard Sidewalk 5% Granite $62,480.00 29635 Neal Ave Lindstrom MN 55015 Curb Master Ina 5% Capital Ind. $65,385.00 10150 101st N Corp Stillwater MN 55082 Dakota Turf NO BID 5695 Lower 182 Farmin on MN 55024 Scandy Concrete, Inc. NO BID P O Box 18775 Minneapolis MN 55418 8.�2 � ..� . , . , � TO: W/LL/AM W. BURNS, CITY MANAGER � FROM: RICHARD D. PR/BYL, F/NANCE D/RECTOR SUBJECT: RECEIVING RECOMMENDATIONS FROM SPR/NGSTED REGARDING THE SALE OF $9,575,000 GENERAL OBL/GAT/ON TAX /NCREMENT REFUND/NG BONDS, SERIES 1997A, AND $1,975,000 GENERAL OBLIGAT/ON WATER REVENUE REFUND/NG BONDS, SER/ES 1997B DATE: March 27, 9997 The recommendations provided to us by Springsted, the City's Financial Advisor have been included in the Councilmember's packets. We have been working with Springsted for a number of months watching the savings that could result from a bond refunding issue on our two existing debt issues. With the volatility occurring in the in#erest rates, we feel that we had better proceed with the issue before interest rates rise anymore. Springsted's recommendations have been prepared in conjunction with the above mentioned bond sales. They have provided the necessary preparatory work required for the sale of the general obligation bonds that will provide sources of capital to retire the existing issues at their upcoming call dates. You should note that the total net savings, as calculated by Springstead, amounts to $1,447,420.92 for the refunding of the G.O. Tax Increment Bonds, Series 1980 (page 5), and another $79,679.46 for the G.O. Water Revenue Bonds of 1991 (page13). Staff recommends that Council receive the recommendations. RDP/me Attachment(s) �.� � _� i�� + �� TO: WILLIAM W. BURNS, CITYMANAGER�� FROM: RICHARD D. PR/BYL, F/NANCE D/RECTOR SUBJECT: RESOLUTlON /NITIATING THE PROCESS FOR THE SALE OF � $9,575,000 GENERAL OBUGAT/ON TAX INCREMENT REFUNDING BONDS, SER/ES 1997A DATE; March 27, 1997 Attached is the resolution that was prepared by the City's Bond Counsel, Jim O'Meara. This resolution is required to be passed by Council to proceed with the above mentioned bond issue. This action would start the process for the competitive sale of the General Obligation Bonds, and provide an appropriate time frame for advertisemen# and review of the bids. As was �eviewed within the recommendations from Springsted, this bond issue is a tax increment refunding issue which will be used to retire the bonds on the call date, August 1, 1997. The source of funds for the repayment of the bonds is provided by a pledge of tax increments and has been calculated in the overall cash flow the Finance Department prepares for the HRA on a regular basis. A representative from Springsted will be present at the Council Meeting of April 28, 1997, to present the bids. RDP/me Attachment 10.01 RESOI.UTION N0. - i997 RESOLUTION INITIATING THE PROCESS FOR THE SALE OF THE CITY'S $9,575,000 GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 1997A BE IT RESOLVED by the City Council of the City of Fridley, Minnesota, as follows: 1. It is hereby determined: (a) The Council believes it to be in the City's best interest to consider a refinancing of the City's General Obligation Tax Increment Refunding Bonds of 1990, dated March l, 1990 (the "Prior Bonds"). (b) The Prior Bonds are subject to prior redemption at the option of the City at par plus accrued interest. (c) It would be advantageous for the City to issue its General Obligation Tax Increment Refunding Bonds, Series 1997A (the "Bonds"), pursuarit to Minnesota Statutes, Section 469.178 and Chapter 475, to provide moneys for a refinancing of the Prior Bonds. (d) The City has retained Springsted Incorporated, in Saint Paul, Minnesota, as its independent financial advisor for the Bonds and is therefore authorized to sell the Bonds by a competitive negotiated sale in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9). 2. The terms and conditions of the Bonds and the sale thereof are fully set forth in the "Terms of Proposal" attached hereto as Exhibit A, and the Council shall meet at the time and place specified therein for the purposes of considering the bids for the purchase of the Bonds and considering the award of the sale of the Bonds. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1997. ATTEST: WILLIAM A. CHAMPA - CITY CLERK 1 �.02 NANCY J. JORGENSON - MAYOR � � 11 �. .,�r � TO: WILUAM W. BURNS, CITY MANAGER �� FROM: RICHARD D. PRIBYL, F►NANCE DIRECTOR SUBJECT: RESOLUTION /NITIATING THE PROCESS FOR THE SALE OF $1,175,000 GENERAL OBL/GATION WATER REVENUE REFUNDING BONDS, SERIES 1997B DATE: March 27, 1997 Attached is the resolution that was prepared by the City's Bond Counsel, Jim O'Meara. This resolution is required to be passed by Council to proceed with the above mentioned bond issue. This action would start the process for the competitive sale of the General Obligation Bonds, and provide an appropriate time frame for advertisement and review of the bids. As was reviewed within the recommendations from Springsted, this bond issue is a water revenue refunding issue that is called a"crossover" refunding. This type of refunding, is one in which the bond proceeds are escrowed and used to pay interest on the new issue until the February 1, 2000 call date, at which time the old issue is retired. The source of funds for the repayment of the bonds is provided by a pledge of water revenues and has been calculated in the overall cash flow that the Finance Department prepares for Council for the budget review process. A representative from Springsted will be present at the Council Meeting of April 28, 1997 to present the bids. RDP/me Attachment �1.01 . RESOLUTION N0. - 1997 RESOLUTION INITIATING THE PROCESS FOR THE SALE OF THE CITY'S GENERAL OBLIGATION WATER REVENUE REFUNDING BONDS, SERIES 1997B BE IT RESOLVED by the City Council (the "Council") of the City of Fridley, Minnesota (the "City"), as follows: l. The Council hereby finds and determines the following: (a) The Council believes it to be in the City's best interest to consider a crossover advance refunding of the City's General Obligation Water Revenue Bonds, Series 1991A, dated January 1, 1991, issued in the original principal amount of $1,615,000 (the "Prior Bonds"). (b) The Prior Bonds are subject to prepayment on February 1, 2000, at the option of the City at the redemption price of par plus accrued interest. (c) The refunding of the Prior Bonds is consistent with covenants made with the holders thereof and is necessary and desirable for and will result in the reduction of debt service cost to the City. (d) Zt is necessary and expedient to issue the City's General Obligation Water Revenue Refunding Bonds, Series 1997B (the "Bonds°), to provide moneys for a refunding of the Prior Bonds. The necessary principal amount of the Bonds is currently estimated to be $1,175,000, but in offering the Bonds for sale, the City will reserve the right to increase or decrease the amount of the Bonds by not more than $25,000, and accordingly the maximum principal amount of the Bonds would be $1,200,000. (e) The City has retained Springsted Incorporated, in Saint Paul, Minnesota, as its independent financial advisor for the Bonds and is therefore authorized to sell the Bonds by a competitive negotiated sale in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9). (f) It is necessary and desirable to the sound financial management of the affairs of the City that the City issue the Bonds pursuant to Minnesota Statutes, Section 475.67, in order to provide financing for the refunding described above, and the Council hereby states its intention to authorize and issue the Bonds accordingly. 2. The terms and conditions of the Bonds and the sale thereof are set forth in the "Terms of Proposal" attached hereto as Exhibit A, and the Council shall meet at the time and place specified therein for the purposes of opening and considering sealed bids for the purchase of the Bonds and considering the award of sale of the Bonds. . 11.�2 Page 2-- Resolution No. - 1997 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1997. ATTEST: WILLIAM A. CHAMPA - CITY CLERK � � .�� NANCY J. JORGENSON - MAYOR � �l� �� FRIDLEY MEMORANDUM Municipai Center 6a31 Un;versity Avenue Northeasi Fr;diey, Minnesota 55432 (612) 572-3507 FAX: (612) 57i-1287 Willi�im C_ I-�unt >>ss�st:+nt to tl�e City Managcr Memo To : Wi 11 i am W. Burns , Ci ty Manager �� Fro�: William C. Hunt, Assistant to the City Manager� C1 Subject: Firefighters' Labor Agreement for 1996 1997 and 1998 Date: March 27, 1997 Attached is the labor agreement and accompanying resolution setting forth terms and conditions of employment for the firefighters in 1996,, 1997 and 1998. Apart from changes reiating to dates the following are the differences between the 1995 contract and the contract for the subsequent three years: l. Article 21.1 provides that the employer's contribution toward health, life, and long-term disability insurance will be a maximum of $345.00 per month per employee choosing dependent coverage for 1996 and 1997 and the same as the City Council approves for non-union employees in 1998. 2. Article 21.2 provides that the employer's contribution toward health, life, and long-term disability insurance will be a maximum of $210.00 _per month per employee for employees choosing single coverage in 1996 and 1997 and the same as the Cit� Council approves for non-union employees in 1998. 3. Article 22 provides for an increase in base wages of 2.0 percent for 1996; 3.0 percent for 1997; and 3.0 percent for 1998. It is understood that Resolution No. 108-1986 relating to the Employee Separation Benefit Plan and Resolution No. 97-1987 relating to the Flexible Benefit Plan remain in force for employees represented by the International Association of Firefighters, Local No. 1986. I request that you present this contract to the City Council for action at their meeting of March 31, 1997. c: Chuck McKusick, Fire Chief Lisa McConnell, Human Resources/Public Information Technician 12.0 RESOLUTION NO. - 1997 RESOLUTION APPROVING AND AUTHORIZING SIGNING AN AGREEMENT ESTABLISHING WORKING CONDITIONS, WAGES AND HOURS OF EMPIAYEES OF THE CITY OF FRIDLEY FIRE DEPARTMENT FOR THE YEARS 1996, 1997 AND 1998 WHEREAS, the International �lssociation of Firefighters Local No. 1986, as bargaining representative for the Firefighters of the City of Fridley Fire Department, has presented to the City of Fridley various requests relating to the working conditions,. wages and hours of employees of the Fire Department of the City of Fridley; and WHEREAS, the City of Fridley has presented various offers to the Union and to the employees relati�g to working conditions, wages and hours of employees of the.Fire Department of the City'of Fridley; and WHEREAS, representatives of the Union and the City have met arid negotiated regarding the requests of the Uniori arid the City; and WHEREAS, agreement has now been reached between representatives of the two .parties on the proposed changes to the existing agreement between the City and the Union; NOW, THEREFORE BE IT RESOLVED by the City of Fridley that such agreement is hereby ratified and that the Mayor and the City Manager are hereby authorized to execute the attached Agreement relating to working conditions, wages and hours of Firefighters of the City of Fridley Fire Department. PASSED AND.ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1997. ATTEST: WILLIAM A. CHAMPA - CITY CLERK NANCY J. JORGENSON - MAYOR 12.02 . �- - �. �� , l� �-, � f'j` i� L-c:. �/ � � � ' fG�S ��f��, 1 �� r---� �-- � ��-"��iGif3 %/C�rC9 �� '/��1�� .� �,, �` �=I;./U/.�. � �C,J� /fL- r � �� ' l J�� .__._ ��/ �'� _ _ Minnesota Statute 179A.04, subdivision 3, paragraph (n) requires completion of a Uniform Settlement Form (Form). The Form is applicable to� contract negotiations between exclusive repre- sentatives and all -public employers, other than Townships. The Bureau of Mediation Services (Bureau) is charg.ed with developing the Form and related instructions for compliance with the statute. Pursuant to that charge, the Bureau has adopted the attached Form and instructions to meet the requirements of this legislation. The Form is not intended to be a report of a public �e�nployer's labor costs or a substitute for the costing by labor or management of their collective bargaining proposals. Its purpose is limited to fulfilling the requirements of Minnesota Statutes 179A.04, subdivision 3, paragraph (n). It is the intention of this legislation to provide a standa�d basis for public employers and the public to compare the economie elements `of colleetive bargaining settlements. - The attached Form must be�presented to the governing body of each public employer at the time it ratifies a collective bargaining contract. 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I � � �. v . . � . - ' �_X � �.� � m � � ' v ~ V w nU�; V'I~� c � ,� �IZn � � ``' t��-�I � w i v W 1 . � � I !� L - r� i � �I � � I v N F- X . � � � � W I v W I c� � �I �� j�~ � ��I� J z ' V � j W � v F- t :J w 'l. � � � �° = � � C �' � � ` �� = � � � �� i I � � V� � II �;^ �i � � r � ��= � - l .� � I r I v �� I I � I v ��,y � � I � -� V 1�- •- ^% i � I � �_� � �, U � < ....... . ..... .......... ____. ...._. . LABOR AGREEMENT BETF7EEN THE CITY OF FRIDLEY AND THE INTERNATIONAL ASSOCTATION OF FIREFIGHTERS IACAL NO. 1986 1996 - 1997 - 1998 12.0� FIREFIGHTERS IACAL NO. 1986 CONTRACT FOR 1996, 1997 and 1998 TABLE OF CONTENTS ARTICLE PAGE I . PURPOSE OF AGREEMENT _ . _ _ . � _ . . . . . . . . . . . . 1 I I . RECOGNI T I ON . . . . . . . . . . . . . . . . . . . . . . . . 1 III. DEFINiTIONS . . . . . . . . . . . . . . . . . . . . . . . . 1 IV. EMPLOYER SECURITY . . . . . . . . . . . . . . . . . . . . . 3 V. EMPLOYER AUTHORiTY . . . . . . . . . . . . . . . . . . . . 3 VI. IJNION SECURITY . . . . . . . . . . . . . . . . . . . . . . 3 VII. EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE. . . . . . . . . . . 4 VIII. SAVINGS CLAUSE . . . . . . . . . . . . . . . . . . . . . . 7 IX. SENIORITY . . . . . . . . . . . . . . . . . . . . . . . . . 7 X: DISCIPLINE . . . . . . . . . . . . . . . . . . . . . . . . 7 XI. WORK SCHEDULES . . . . . . . . . . . . . . . . . . . . . . 8 X I I . ANNUAL LEAVE . . . . . . . . . . . . . . . . . . . . . . . 8 XIII. SHORT TERM DISABILITY . . . . . . . . . . . . . . . . . . . 10 XIV. PAY F�R CALL BACK AND DRILLS . . . . . . . . . . . . . . . 11 XV. EMPLOYEE EDUCATION PROGRAMS . . . . . . . . . . . . . . . . 11 XVI. HOLIDAYS . . . . . . . . . . . . . . . . . . . . . . . . . 12 XVII, PROBATIONARY PERIODS . . . . . . . . . . . . . . . . . . 13 XVIII. FCTNERAL PAY . . . . . . . . . . . . . . . . . . . . . . . . 13 XIX. JIJRY PAY . . . . . . . . _ . . _ . . . . . . . . . . . 13 XX . iJNI FORM ALLOWANCE . . . . . . . . . . . . . . . . . . . . . 13 XX I . INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . 14 XXII. RATES OF PAY . . . . . . . . . . . . . . . . . . . . . . . 14 XXIII. ADDITIONAL INCENTIVE PAY . . . . . . . . . . . . . . . . . 14 XXIV. COLLEGE CREDITS. . . . . . . . . . . . . . . . . . . . . 15 XXV. SEVERANCE PAY . . . . . . . . . . . . . . . . . . . . . . . 15 XXVI. WAIVER . - • . . . . . . . . . . . . . . . . . . . . _ . 15 XXVII. DURATION . . _ _ _ . _ _ . . _ _ _ . _ _ . . _ _ . . 16 12.07 I.ABOR AC;REEMENT BETAEEN CITY OF FRIDLEY AND INTERNATiONAL ASSOCIATION OF FIREFIGHTERS LOCAL NO. 1986 ARTICLE I PURPOSE OF AGREEMENT This AGREEMENT is entered into as of between the CITY OF FRIDLEY, hereinafter called the EMPLOYER, and the INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL NO. 1986, hereinafter called the UNION. It is the intent and purpose of the AGREEMENT to: l.l Establish procedures for the resolution of disputes concerning this AGREEMENT'S interpretation and/or application; and 1_2 Place in written form the parties' agreement upon terms and conditions of employment for the duration of this AGREEMENT. ARTICLE II RECOGNITION The EMPLOYER recognizes the UNION as the exclusive representative, under Minnesota Statutes, Section 179.71, Subdivision 3, for all personnel in the following job classifications: l. Firefighters ARTICLE III DEFINITiONS 3.1 Union The International Association of Firefighters Local No 1986. 3.2 Union Member A member of the International Association of Firefighters Local No. 1986. 3.3 Employee A member of the exclusively recognized bargaining unit. 3.4 Department The City of Fridley Fire Department.- 3.5 Employer The City of Fridley_ ' 12:�8 .�- 3.6 Chief The Chief of the Fire Department of the City of Fridley. 3.7 Union Officer Officer elected or appointed by the International Association of Firefighters Local No. 1986. 3.8 Overtime Work performed at the express authorization of the EMPLOYER in excess of the number of hours in a work period specified by the Federal Fair Labor Standards Act_ 3.9 Scheduled Shift A consecutive work period including two rest breaks and one or more meal breaks. 3.10 Rest Breaks Two periods during employee remains on assigned duties_ 3_11 Meal Break the SCHEDULED SHIFT during which the continual duty and is responsible for A period during the SCHEDULED SHIFT during which the employee remains on continual duty and is responsible for assigned duties. 3.12 Strike Concerted action in failing to report for duty, the willful absence from one's position, the stoppage of work, slow-down; or abstinence in whole or in part from the full, faithful and proper performance of the duties of employment for the purposes of inducing, influencing or coercing a change in the conditions or compensation or the rights, privileges or obligations of employment. 3.13 Base Rate of Pa The Employee's hourly rate of pay exclusive of longevity or any other special allowance. 3.14 Compensatory Time Time off during the employee's regularly scheduled work schedule equal in time to 1.5 times overtime worked. � 2.09 3.15 Severance Pa Payment made to an employee upon honorable separation of emp�oyment. 3.16 Salary A fixed payment at regular intervals for services as set forth and agreed to in this contract. 3.17 Compensation Salary reduced by those amounts as required by law and/or authorized by the employee. ARTICLE IV EMPLOYER SECURITY The UNION agrees that during the iife of this AGREEMENT it wi11 not cause, encourage, participate in or support any strike, slow-down or other interruption of or interferences with the normal functions of the EMPLOYER. ARTICLE V EMPLOYER AUTHORITY S.l The EMPLOYER retains the full and unrestricted right to operate.and manage al:l personnel, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine_ the utilization of technology; to establish and modify the organizational structure; to select, direct, and determine the number of personnel; to establish work schedules, and to perform any inherent managerial function not specifically limited by this AGREIIKENT. 5•2 Any term and condition of employment not speclfically establi.shed or modified by this .AGREEMENT shall remain solely within the discretion of the EMPLOYER to modify, establish, or eliminate. ARTICLE VI UNION SECURITY 6.1 The EMPLOYER shall deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly UNION dues. Such monies shall be remitted as directed by the UNION. 6.2 The UNION may designate employees from the bargaining unit to act as a steward and an alternate and shall inform the EMPLOYER in writing of such choice and changes in the position of steward and/or alternate. 6..3 The EMPLOYER shall. make space available on the employee bulletin board for posting UNION notice(s) and announcement (s) . 12.�0 6.4 The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all.�claims, brought or issued against the action taken or not taken by the of this Article. suits, orders, or judgments EMPLOYER as a result of any EMPLOYER under the provisions ARTIGLE YII EMPLOYEE RIGHTS-GRIEVANCE PROCEDURE 7.1 Definition of a Grievance. A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this AGREEMENT. 7.2 Union Representatives The EMPLOYER will recognize REPRESENTATIVES designated by the UNION as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The UNION shall notify the EMPLOYER in writing of the names of such UNION REPRESENTATIVES and of their successors when so desi.gnated as provided by Section 6:2 of the AGREEMENT. 7.3 Processing of a Grievance It is recognized and accepted by the UNION and the EMPLOYER that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the EMPLOYEES and shall therefore be accomplished during normal working hours only when consiste�t with such EMPLOYEE duties and responsibilities. The aggrieved EMPLOYEE and a UNION REPRESENT�TIVE shali be aliowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the EMPLOYER during normal working hours provided that the EMPLOYEE and the UNION REPRESENTATIVE have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would no� be detriunental to the work programs of the �LOYER. 7.4 Procedure Step l. An EMPLOYEE claiuning a violation concerning the interpretation or application of this AGREEMENT shall, within twenty-ane (21) calendar days after such alleged violation has occurred, present such grievance to the EMPLOYEE'S supervisor as designated by the EMPLOYER. The EMPLOYER-designated representative will discuss� and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the AGREEMENT allegedly violated, the remedy �12.�1 requested, and shall be appealed to Step 2 within ten (10) calendar days after the EMPLOYER-designated representative's final answer in Step l_ Any�grievance not appealed in writing to Step 2 by the Union within ten (10) caiendar days shall be considered waived. Step 2_ If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER-designated Step 2 representative. The EMPLOYER-designated representative shall give the UNION the EMPLOYER`S Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the EMPLOYER- designated repres.entative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the UNION within ten (10) calendar days will be considered waived. Step 3. If appealed, the written gri�vance shall be presented by the UNION and discussed with the EMPLOYER-designated Step 3 representative. The EMPLOYER-designated representative shall give the UNION the EMPLOYER'S answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten {10) calendar days following the EMPLOYER- designated representative's final answer in Step 3. Any grievance not appealed in writing to Step 4 by the UNION within ten (10) calendar days shall be considered waived. Step 4. A grievance unresolved in Step 3 and appealed to Step 4 by the UNION sha11 be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Public Employment Labor Relations Board. 7.5 "Arbitrator's Authorit a. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of the AGREEMENT_ The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the EMPLOYER and.the UNION, and shall have no authority to make �a decision on any other issue not so submitted. b_ 7'he arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laU�s, rules, or 12.�i 2 regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the EMPLOYER and the UNION and shall be based solely on the arbitrator's interpretation or application of the express terms of this AGREEMENT and to the facts of the grievance presented. c. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the EMPLOYER and the UNION provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings the cost shall be shared equally. 7.6 irJaiver Ii a grievance is not presented within the time limits set forth above, it shall be considered "waived." If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the EMPLOYER'S last answer. If the EMPLOYER does not answer a grievance or an appeal thereof the within the specified time limits, the UNION may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the EMPLOYER and the UNION in each step. 7.7 Choice of Remedy If, as a result of the written EMPLOYER response in Step 3, the grievance remains unresolved, and if the grievance involves the suspension, demotion, or discharge of an employee who has completed the required probationary period, the grievance may be appealed either to Step 4 of Article VII or a procedure such as: Civil Service, Veteran's Preference, or Fair Employment. If appealed to any procedure other than Step 4 of Article VII, the grievance is not subject to the arbitration procedure as provided in Step 4 of Article VII. The aggrieved employee shall indicate in writing which procedure is to be utilized (Step 4 of Article VII or another appeal procedure) and shall sign a statement to the effect that the choice of any other hearing precludes the aggrieved employee from making a subsequent appeal through Step 4 of Article VII. �Z.�i3 _ _ __ _ ARTICLE VIII SAVINGS CLAUSE This AGREEMENT is subject`to the laws of the United States, the State of Minnesota and the` City of Fridley. Tn the event any provision of this AGREEMENT,shall be held to be contrary to law by a court of competent jurisdiction:from whose final judgment or decree no appeai has_been taken;-;,within the ti.me provided, such provisions shall be voided. `All other provisions of the AGREEMENT shall continue in fuli force and effect. The voided provision may be renegotiated at the written request of either party. ARTICLE IX SENIORITY 9.1 Seniority shall be determined by the employee's length of continuous employment with the Fire Department and posted in an appropriate location_' Seniority rosters may be maintained by the FIRE CHIEF on the basis of tiriie in grade and time within specific classifications. 9.2 During the probationary period, a newly hired or rehired employee may be discharged at the soie discretion of the EMPLOYER. During the probationary period a promoted or reassigned employee may be replaced in the employee's previous position at the sole discretion of the EMPLOYER_ 9.3 A reduction of work force will be accomplished on the basis of seniority. Employees shall be recalled from layoff on the basis of seniority. An employee on layoff shall have an opportunity to return to work within two years of the time of that layoff before any new employee is hired. 9.4 Vacation periods to a maximum of two (2) weeks shall be selected on the basis of seniority until May lst of each calendar year. ARTICLE X DISCIPLINE 10.1 The EMPLOYER will discipline employees for just cause and disciplinary action may: be in one or more of the following forms: a. oral reprimand; b. written reprimand; c. suspension; d. demotion,- or e. discharge. 10.2 Suspensions, demotions and discharges will be written form. 10.3 Written reprimands, notices of_ suspension, arid notices of discharge which are to become part of an employee's personnel file shall be -read and acknowledged by signature of the employee_ Employees� will receive a copy of such reprimands and/or notices. 12.�i4 10.4 Employees may examine their own individual personnel files at reasonable times under the direct supervision of the EMPLOYER. ARTICLE XI WORK SCHEDULES 11.1 The normal work schedule for the employees of the Fire Department shall consist of a fifty (50j hour work week including_ hours worked on assigned shifts, holidays, and authorized leave time. The Department Manager is responsible for scheduling and assigning the weekly work schedule. 11.2 The City claims the authority to schedule EMPLOYEES' duty schedule. 11.3 It is recognized by the parties that service to the public may require the establishment of regular shifts for some employees on a daily, weekly, seasonal, or anrival basis, other than the regularly scheduled hours. The employer will give advance notice to the employees affected by the establishment of work days different than the normal employee's work day. 11.4 In the event that work is required because of unusual circumstances such as (but not limited to) fire, flood, snow, sleet, breakdown of municipal equipment of facilities, no advance notice to the employees need be given. It is not required that an employee working other than the normal workday be scheduled to work more than the scheduled hours; however, each employee has an obligation to work overtime if requested, unless unusual circumstances prevent the employee from doing so. 11.5 It is also recognized by the parties thai service to the public may require the establishment of regular work weeks that schedule work on Saturdays and/or Sundays. Employees who are regularly scheduTed to be on duty Saturday and/or Sunday will be granted two consecutive days off in lieu of Saturday and/or Sunday_ ARTICLE XII ANNi7AL LEAVE 12.1 Each employee shall be entitled to annual leave away from employment with pay. Annual leave pay shall be computed at the reguiar rate of pay to which such an employee is entitled. Because of changes in average hours per week and because of the relative adjustment of hourly wage rates, annual leave accumulations shall be recalculated as of the day prior to the effective date of this contract_ Total hours accumulated annual leave shall be divided by 11.33 and multiplied by 10.00 to calculate each EMPLOYEE's adjusted annual leave accumulation_ Henceforward EMPLOYEES shall accumulate and use annual leave based on ten (10_00) hour days. i2.�5 12.2 A beginning employee shall,accrue::annual leave at the rate of eighteen (i8) days per year for the first seven (7) years (84 successive months). : An employee who has=;worked seven (7) years (84 successive months) shall accrue�:annual_leave�'at the rate of twenty-four (24) days per year;; -:begirining., with the eighty-fifth {85th) month of successive employment.��`�An employee who has worked fifteen (15) years ;(180 -::_consecutive months) shall accrue annual leave at`"the rate 'of twenty-six (26) da s beginning with the one' hundred eighty-first (i81st)Pmonth aof consecutive employment. 12.3 For an employee hired on or after January l, 1984: The maximum tota� -accumulation of`annual leave at the end of any given year shall be thirty'(30) days. Once a year, at a time designated by the City, an employee who has completed seven (7) years of service with the City will have the opportunity to exchange.up to three (3) days of accumulated annual leave for. cash. At the same time, an employee who has completed fifteen (15) years of service with the city will have the opportunity to exchange up to five (5) days of accumulated annual leave for cash. 12_4 For an employee hired prior to January 1, 1984: Vacation accrued but unused as of December 31, 1983 shall be converted to annual leave at the rate of one (1) day of annual �eave for one (1) day of vacation. Accrued but unused sick leave as of December 31, 1983 shall be converted to annual leave according to the following schedule: a. lst 45 days @ 1 day of annual leave for 1 day of sick leave b• 2nd 45 days 1 day of annual ieave for 2 days of sick leave c. Remainder @ 1 day of annual leave for 3 days of sick leave The total amount of annual leave credited to the employee's balance as of January l, 1984 shall be equal to accrued but unused vacation plus accrued but unused sick leave converted according to the formula above. If upon conversion to the annual leave plan an employee's accumulation of annual leave exceeds thirty (30) days, that amount shall be the maximum total accumulation (cap) for that employee at the end of any �subsequent year_ Once a year, at a time designated by will have the opportunity to exchange accumulated annual leave for cash. 7��1� the City, an employee up to five (S) ,days of In addition, once a year at a time designated by the City, an employee with an accumulation of annual leave in excess of thirty (30) days wiil have the opportunity to exchange up �o five (�) days of annual leave for cash. Such an exchange shall reduce the �imum total accumulation (cap) of an employee by an equal amount. 12.5 Upon separation from employment with the City, an employee will be paid one (1) day's salary for each day of accrued annual leave remaining in the employee`s balance. ARTICLE XIII SHORT TERM DISABILITY 13.1 Each employee who has successfully completed the employee's probationary period shall be eligible for the short term disability benefit. Such an employee shall be entitled to full pay commencing on the twenty-first (21st) consecutive working day on which the employee is absent due to a physician-certified illness or injury off the job, and continuing until the employee returns to work able to carry out the full duties and responsibilities of the employee's position or through the one hundred and tenth (110th) working day of absence, whichever occurs first. Such an employee shall also be entitled to full pay commencing on the eleventh (llth) consecutive workinq day on which the employee is absent due to a physician-certified illness or injury on the job and continuing until the employee returns to work able to carry out the duties and responsibilities of the employee's position or through the one hundredth (IOOth) working day of absence, whichever occurs first. The amount of any compensation for the short term disability benefit shall be reduced by any payment received by the disabled employee from workers' compensation insurance, Public Employees Retirement Association disability insurance, or Social Security disability insurance_ Payment of. short term disability benefit by the City to an employee shall not exceed ninety (90) working days for any single illness or injury, regardless of the number and spacing of episodes. The annual leave balance of an employee receiving short term disability benefit shall not be reduced, nor shall such employee accrue annual leave during that period. 13.2 Before any short term disability payments are made by the City to an employee, the City may request and is entitied to receive a certificate signed by a competent physician or other medical attendant certifying to the fact that the entire absence was, in fact, due to the illness or injury and not otherwise_ The City also reserves the right to have an examination made at any time of any employee claiming payment under the short term disability benefit. Such examination may be made on behalf of the City by any competent person designated by the City when the City deems the same to be reasonably necessary to verify the illness or injury claimed. �2�g7 13.3 If an employee hired before January 1, 1984 has received payments under the injury-on-duty provisions of previous contracts, the number of days for which payment was received will be deducted from the number of days of eligibility for coverage under short term disability for that same injury. 13.4 If any employee's non causally related injury or illness exceeds 110 working days, the employee shail be entitled to draw from the employee's remaining annual leave. 13.5 If an employee's causally related illness or injury exceeds 100 working days, the employee may draw from ihe employee's remaining annual leave in addition to those benefits to which the employee receives in accordance with the workers' compensation provisions. 13.6 When an employee exceeds the 110 working days (off duty) disability or 100 working days {on duty) disabiiity and commences to draw on annual leave, the employee shall again accrue benefits in accordance with accepted City policy. ARTICLE XIV PAY FOR CALL BACK I�ND DRILLS 14.I A firefighter responding to a fire call before or after regularly seheduled work hours or on a day off shall be compensated in an amount equal to a minimum of one (l� hour at one and one half (1 1/2) times the hourly rate calculated in accordance with the provisions of the federal Fair Labor Standards Act. If.the fire call lasts for more than one (1) hour the firefighter shall be compensated at the above rate of pay for each additional fifteen (15) minute period or fraction thereof. 14.2 To calculate the time worked on call back, time shall be considered to have started at the time. of the alarm as recorded and sha31 end when the officer in charge has terminated said alarm. In the event of a simultaneous or subsequent alarm occurring prior to the termination of the alarm for which the firefighter was called back, the firefighter's time worked shall be calculated as continuous from the time of the first alarm uniil the officer in charge has terminated all alarms. 14.3 Employees who participate in drills before or after regularly scheduled work hours or on a day off shall be compensated at the overtime rate of pay for their respective classifications. ARTICLE XV EMPLOYEE EDUCATION PRCKI2AMS 15.1 The City will pay certain expenses for certain education courses based on the following criteria. a. The training course must have relevance to th� Employee's present or anticipated career responsibilities_ Rttendance shall be at City approved 12.''�� institution. The course must be approved by the Department Manager_ b. Financial assistance will be extended only to courses offered by an accredited institution. This includes vocational schools, Minnesota School of Business, etc. 15.2 Employee Education Programs Financial Policy Financial assistance not to exceed the_amount of two thousand two hundred fifty dollars ($2,250) per EMPLOYEE per year will be extended to cover the cost of tuition., required books or educational materials, and required fees related to the course. Charges for student union membership, student health coverage and other charges for which the student receives some item or services other than actual instruction will not be paid. The City will pay fifty percent (50$) of the cost of tuition in advance of the EMPLOYEE's actual participation in the course upon receipt of written evidence that the EMPLOYEE has paid the entire tuition for the course. Upon successful completion of the course an EMPLOYEE will be required to present to his/her Department Manager a certification of satisfactory work. Satisfactory work is defined as follows: a. In courses issuing a letter grade, a C or above is reauired. b_ In courses issuing a numerical grade, 70 percent or above is required. c. In courses not issuing a grade, a certification from the institution that the student satisfactorily participated in the activities of the courses is required. 15.3 If the employee satisfactorily. completes the course, the employee will be reimbursed for the additional 50 percent of the tuition cost incurred as well as for the cost of any course required books, educational materials, or fees. If the EMPLOYEE fails to satisfactorily complete the course, the City will not reimburse the EMPLOYEE for these costs. 15.4 The program will not reimburse the employee for hours spent in class, only for the tuition. 15.5 Expenses for which the employee is compensated under some other educational or assistance program, such as the GI bill, will not be covered. 15.6 The City will not pay tuition which are used to make the salary. ARTICLE XVI HOLIDAYS or other costs for those courses employee eligible for additional 16_1 Holida}�s include New Year's Day, January l; Martin Luther King Day, the third Monday in January; Washington and Lincoln's Birthda��, the third Monday in February; Memorial Day, the last 12 12.1� Monday in May; Independence Day, July 4; Labor Day, the first Monday in September; Veteran's Day, November 11; Thanksgiving Day, the fourth Thursday in November; and Christmas Day, December 25; provided, When New Year's Day, January 1; or Independence Day, July 4; or Veteran's Day, November 11; or Christmas Day, December 25; falls on Sunday the following day shall be a holiday, and provided, when New Year's Day, January 1; or Independence Day, July 4;or Veteran's Day, November 11; or Christmas Day, December 25; falls on Saturday, the preceding day shall be a holiday. 16.2 In addition to the holidays listed above, employees covered by this contract shall be entitled to two (2) additional paid holidays designated by the City Council for a total of eleven (11) paid holidays per year. 16.3 EMPLOYEES shall be paid for ten (10) hours at their regular rate of pay for each scheduled holiday. �nnual leave hours taken during a pay period shall be reduced by the number of holiday hours earned during that same pay period, unless the EMPLOYEE requests otherwise in advance in writing to the payroll division of the Finance Department. ARTICLE XVII PROBATIONARY PERIODS 17.1 All newly hired or rehired employees will serve a twelve (12) month probationary period. ARTICLE XVIII FUNERAL pp,y 18.1 In case of death occurring in the immediate family of an employee, such an employee may be excused from work for up to three days with additional time off granted by the City Manager if additional time is needed. This time off shall not subject the employee to loss of pay. For this purpose, members of the immediate family of the employee are considered to be the following; spouse, child (natural or adopted), parent, grandparent, brother, sister, mother-in-law or father-in-law. ARTICLE XIX JURY pp,y 19.1 It shall be understood and agreed that the Cit regular full time employees serving on any jury in salary between jury pay and the employee's or pay while in such service. ARTICLE XX UNIFORM ALIAWANCE y shall pay all the difference regular salary 20.1 The EMPLOYER shall provide a uniform clothing allowance for Firefighters, said allowance to be paid in cash in January of each year. The allowance shall be $375.00 for each of the years of 1996, 1997 and 1998. 13 ` 12.20 ARTICLE XXI INSUE2�TCE 21.1 The EMPLOYER will contribute�up to a maximum of three hundred forty-five dollars ($345_00) per month per employee toward health, life and long-term disability insurance, in accordance with the EMPLOYER'S flexible benefit plan, for employees choosing dependent coverage for calendar years 1996 and 1997 and the same amount as approved by the City Council for non- union employees in 1998. 21.2 The EMPLOYER will contribute up to a maximum of two hundred ten dollars ($210.00) per month per employee toward heath, life and long-term disability insurance, in accordance with the EMPLOYER'S flexible benefit plan, for employees choosing single coverage for calendar years 199b and 1997 and the same amount as approved by the City Council for non-union employees in 1998. 21.3 By mutual agreement each employee may use up to fifteen dollars ($15.00) per month of health insurance dollars in 21.1 and 21.2 for group dental insurance offered through the city, in accordance with the EMPLOYER'S flexible benefit plan. 21.4 Individual employees may provide for an increased EMPLOYER contribution for insurance over that ainount stipulated in 21.1 by lowering their compensation from the rates stipulated ir. Articles XXII, XXIII, and XXIV to provide health insurance and dental insurance, coverage, and life insurance. for the employee's including dependent 21.5 The Employer will provide group term life insurance with a maximum of $25,000 per Employee and additional accidental death and disability insurance with a maximum of $25, 000 per Employee. Provided that the total City cost for all insurance premiums does not exceed the amount set forth in this article. ARTICLE XXII RATES OF PAY 22.1 Firefighters 1996 First six months $12.95 After six months $13.61 After 1 1/2 years $14.28 After 2 1/2 years $14.99 After 3 1/2 years $15_75 1997 $13.34 $14.02 $14.71 $15_94 $16.22 ARTICLE XXIII ADDITIONAL INCENTIVE PAY ..; $13.74 $14.44 $15.15 $15.90 $i6.71 23.1 Incentive pay will be paid over and above the standard base rate or going rate for Employees hired prior to January l, 1974 according to the following schedule, provided employees have made demonstratable progress towards improving their proficiency for their particular job title or job assiqnm�nt_ �ZiL� After 5 years of service After 10 years of service After 15 years of service ARTICLE XXIV COLLEGE CREDITS $24 $48 $72 24.1 For Firefighters hired after January 1, 1974 the City will pay for education credits earned at an accredited institution of higher learning at the rate of $_40 per quarter credit starting with the ninety-first (91st) quarter credit up to a maximum of one hundred eighty (180) credits or a maximum of $36.00 per month. All courses taken must be approved by the Employer. No Firefighter hired after January l, 1974 will be eligible for payments under ARTICLE XXIII. No Firefighter will draw both additionai incentive pay under ARTICLE XXIU, and pay for educational incentive pay under ARTICLE XXIV, and pay for education credit_ Employees will not be eligible for education credits during their twelve (12) month probationary period. A determination of the number of credits an employee is eligible for will be made on December 1 of the previous year. Credits earned during the year will not be counted until the succeedinq year. The City will not pay tuition for courses that the Employee will later be paid for as noted above. ARTICLE XXV SEVERANCE PAY 25.1 For all employees hired prior to January l, 1978, the severance pay policy shall be as follows: Any Employee with forty-eight (48) or more of employment will receive severance pay in and-one-half {1 1/2) days for each twelve months worked, but not to exceed thirty (30) ARTICLE XXVI WAIVER consecutive months cash based on one- (12) consecutive days of the same. 26.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of the AGREEMENT, are hereby superseded_ 26.2 The parties mutually acknowledge that during the negotiations which resulted in this AGREEMENT, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by law from bargaining. Al1 agreements and understandings arrived at by the parties are set forth in writing in this AGREEMENT for the stipulated duration o� the AGREEMENT_ The EMPLOYER and the UNION each voluntarily and�unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered in this agreement or with respect to any term or condition of employment not specifi- c_ally referred to or covered in this AGREEMENT, even though such terms or conditions may not have been within the � 2.'2�2 � knowledge or contemplation of either or both of the parties at the time this contract was negotiated or executed. ARTICLE XXVII DURATION This AGREEMENT shall be effective as of January l, 1996, and shall remain in fuil force and effect until the thirty-first day of December, 1998: In witness whereof, the parties hereto have executed this AGREEMENT.on this day of , 1997. CITY OF FRIDLEY MAYOR - NANCY J. JORGENSON CITY MANAGER - WILLIAM W. BURNS FOR THE INTERNATIONAL ASSOCIATION OF FIREF�GHTERS LOCAL NO. 1986 H. SIMONSON I hereby recommend to the City Council approval of this agreement. WILLIAM C. HUNT - ASSISTANT TO THE CITY MANAGER CHARLES J. MCKUSICK - CHIEF, FIRE DEPARTMENT :121g3 f � ESTIMATES � MARCH 31,1997 CITY OF FRIDLEY Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, MN 55432 Services Rendered as City Prosecuting Attorney for the Month of January, 1997 . . . . . . . . . . . . . . . . . $15,802.50 Frederic W. Knaak, Esq. Holstad and Larson, P.L.C. 3535 Vadnais Center Drive St. Paul, MN 55110 Services Rendered as City Attorney for the Month of March, 1997 : . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,097.50 Richmar Construction, Inc. 776 Alden Way Fridley, MN 55432 Water Treatment Plant No. 3 Project No. 293 Estimate No. 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $151,828.05 15,01 CITY OF FRIDLEY M E M O R A N D U M TO: WILLIAM W. BURNB, CITY MANAGER � �� FROM: RICHARD D. PRIBYI,, FINANCE DIRECTOR WILLIAM A. CHAMPA, CITY CLERR SUBJECT: PUBLIC HEARING FOR SIDCO FOOD COMPANY FOR A BEER LICENSE DATE: MARCH 27, 1997 On the March 31 City Council agenda is a public hearing to consider granting a beer license to Sidco Food Company L.L.C., DBA Holiday Food Company, located at 250 - 57th Avenue Northeast. A Public Hearing Notice is attached for your review. Pursuant to Chapter 602 Section .05 of the Fridley City Code, we are required to hold a public hearing before issuing this license. The Police Department has performed the required background investigation on Sidco Food Company and Public Safety Director Sallman has approved the application. �s.o� CITY OF FRIDLEY PUBLIC HEARING BEFORE THE CITY COUNCIL Notice is hereby given that the Council of the City of Fridley will hold a public hearing at the City Municipal Center, 6431 University Avenue Northeast on March 31, 1997 at 7:30 p.m. on the question of issuing a Beer License to Sidco Food Company L.L.C., DBA Holiday Food Company, for the property located at 250 - 57th Avenue Northeast. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than March 20, 1997. Anyone having an interest in this matter should make their interest known at this public hearing. William A. Champa City Clerk Publish: March 20, 1997 � 6.02 .■ - - � / - -; �_� i �� /l,�li / ; - .. -- � � �� - .11F��OI R�� ND L� <<� DATE: MARCH 27, 1997 TO: MAYOR AND CITY COUNCIL CITY MANAGER ,��d' CITY ATTORNEY FROM: STEVE BILLINGS, COUNCILMEMBER WARD ONE SUBJECT: PREVAILING WAGE ORDINANCE Attached is the prevailing wage ordinance for the regular agenda of March 31, 1997. This ordinance is similar to the resolution that 1 previously presented and was approved in March of 1990 by the City Council. It is also similar to, but more inclusive than, the ordinance that was drafted by staff in response to the Mayor's request. In 1990, 1 did a detailed analysis of the public works projects that were done during the period 1986 to 1990. i found that almost all of the contractors that we did work with were, in #act, paying the prevailing wage. Further, 1 found that if we had a prevailing wage policy in force during that time frame, the cost to the City would have increased by approximately 1°�o. Since we have had prevailing wage in force since 1990, a similar analysis of current data would be meaningless. In the proposed ordinance, I have excluded one to four family dwelling units from the prevailing wage requirements. We are encouraging the revitalization of our housing stock and are providing loans and grants to accomplish these ends. Often to get the most for their money, homeowners will perform much of the work with the aid of family and friends. If someone were to pay their nephew a few dollars to help with a deck, roof, or painting and staining that are part of a larger project, we would not expect them to follow all of the prevailing wage requirements. � 7.01 Prevailing Wage Ordinance March 27, 1997 Page Two In determining the "cut-off" point for the exclusion, I chose to use the Federal HUD guideline of four families. It is likely that owners of larger properties will contract out for all of the work. Although it was suggested that we have liquidated damages in the ordinance as a penalty, I did not place them there. It wauld seem that liquidated damages are a civil ( contractual ) penalty that should be covered in the actual contract language. The ordinance would in all likelihood be enforced by the Courts with criminal penalties set by the Judge. Upon adoption of the ordi�ance on first reading, I am prepared to make a motion directing the City Manager and the City Attorney to draft language to be used in ali City and HRA contracts, loan agreements, grant agreements, and development agreements that will provide the necessary procedure for enforcement of the prevailing wage ordinance and provide for liquidated damages of five percent (5%) of the contract amount. Said language sfiall be presented to the City Council at the time of the second reading of the ordinance. It would be my intent that this language not become part of the actual ordinance, but, rather, would be policy of the City. Further, it would be my intent that this language and procedure. be patterned after that of the Anoka County and Minnesota Department of Transportation language and procedures. I hope that I have provided you with what you are looking for. If not please contact me prior to Monday's meeting, and we can draft a modification that meets your needs. Attachment ` � 7.oz ORDINANCL NO. AN ORDINANCTs OF THE CITY OF FRIDLSY, MINNFsSOTA, ADOPTING THE PREVAILING HOURS OF LABOR AND PREVAILING WAGS RATS ON CERTAIN PROJECTS FOR OR WITSIN THE CITY The City Council of the City of Fridley does ordain as follows: �ubdivi�i�n 1. Legislative Findings. The City of Fridley finds it to be in the best interest of its citizens that buildings and public works projects constructed with City funds be constructed and maintained by the best means and highest quality of labor reasonably available, and that persons working under contract on buildings and public works constructed in whole or in part with City funds should be compensated according to the real value of the services they perform, which, for purposes of this Ordinance, is defined as the prevailing wage and hours of employment as determined for the City by the Minnesota Department of Labor and Industry, pursuant to Minnesota Statutes, Section 177.42, subd 6. �ubdivision 2 Prevailing Wages and Hours on Certain City-related or funded Projects. a. Wages paid for all work performed by contractors and subcontractors that is financed in whole or in part by funds obtained by bonds issues by the City, including but not limited to Industrial Revenue Bonds, and all projects let after May 1, 1997, financed by General Obligation Tax Increment Bonds shal3 be paid in accordance with the prevailing wage and hourly rate. b. Wages paid for all work performed by contractors and subcontractors on any project let after May 1, 1997, that is financed in whole or in part by City funds shall be paid in accordance with the prevailing wage and hourly rate. c. Wages paid for all work performed on any project for a Developer in conjunction with the Developer's development of real property in the City if the Developer purchases said real property from the City, or if the City grants or loans money to the�Developer for the development of said real property, shall be paid in accordance with the prevailing wage and hourly rate. 17.03 Ordinance No. Page Two d. The term "City" shall refer to the City of Fridley and to all related agencies, including, but not limited to all Housing and Redevelopment Authorities and Economic Development Authorities created by the City of Fridley. S�ibdivi i�„ 3 Sxceptions. This ordinance shall not apply to the following circumstances: a• Any project financed by City funds or bonds authorized by the City as provided in subdivision 2 that has a value of $25,000 or less or a value equal to or less than the amount required for sealed bids by Minnesota Statutes, Section 471.345, subd. 3. b• Any housing project or program within the City directed to housing for one, two, three, or four families per building. PASSED AND p,DppTgD gy THg Clq•y COIINCIL OF THE CITY OF FRIDLLY THIS DAY OF , 1997. THy FOLLOWING COUNCIL MEMHgRS VOTED AYE: THE FOLLOWING NAY: ' `�� ATTEST: NANCY J. JORGENSON - MAYOR WILLIAM A. CHAMPA - CITY CLERK First Reading: Second Reading: � Publication: 17.04 CITY OF FRIDLEY PROJECT SUMMARY DESCRIPTION OF REQUEST: The request by the petitioner, Dave Ryan, is to grant a variance to: ('I ) aliow an accessory structure in the front yard; and (2) reduce the front yard setback from 35 feet to 32 feet (Option A, attached). Ifthe variance is approved, a 24 ft. by 24 ft. detached garage would be constructed. SUMMARY OF ISSUES: The subject property does not have a garage at this time. In order to sell the property, it has been determined that a garage is required. There are alternatives which would allow construction of a garage on the property without a variance. The variance requested above is within previously granted requests. APPEALS COMMISSION ACTION: The Appeals Commission considered an additional request: To reduce the front yard setback from 35 feet to 18 feet (Option B). A buyer interested in the property requested this variance. They withdrew their request after the Appeals Commission meeting. The Appeals Commission was unable to make a recommendation to the Council. The motion to approve the variance to 18 feet failed on a tie vote. CITY COUNCIL RECOMMENDATION: As the request to reduce the variance from 35 feet to 18 feet was withdrawn, the Council is to consider the following request: 1. To allow an accessory structure in the front yard; 2. To reduce the front yard setback from 35 feet to 32 feet. The request is within previously granted variance requests; staff has no recommendation. One stipulation is recommended: 1. The accessory structure shall be architecturally compatible with the dwelling. 1 Project Summary VAR #97-02, 191 Hartman Circle Page 2 PROJECT DETAILS Petition For: A variance to: 1. Reduce the front yard setback from 35 feet to 18 feet; and 2. Allow an accessory structure in the front yard. Location of Property: 191 Hartman Circle Legal Description of Property: Size: Topography: Existing Vegetation: Existing Zoning/Platting: Availability of Municipal Utilities: Vehicular Access: Pedestrian Access: Engineering Issues: Comprehensive Planning Issues: Public Hearing Comments: Lot 23 and part of Lot 24, Btock 2, Sandhurst Addition 18,690 square fee# Severely sloping from front to back Combination of natural vegetation and typical suburban plantings R-'I, Single Family, Sandhurst Addition Connected Hartman Circle N/A N/A The Zoning and Comprehensive Plan are consistent in this location. None 18.02 Project Summary VAR #97-02, 191 Hartman Circle Page 3 WEST: SOUTH: EAST: NORTH: Site Planning Issues: REQUEST ADJACENT SITES: Zoning: R-1, Single Family Zoning: P-Public Zoning: R-1, Single Family Zoning: R-1, Single Family Land Use: Residential Land Use: Mahnomen park Land Use: Residential Land Use: Residential The petitioner, Dave Ryan, requests that a variance be granted to: (1) allow an accessory structure in the front yard; and (2) reduce the front yard setback from 35 feet to 18 feet. If the variance is approved, a 24 ft. by 24 ft. detached garage would be constructed. SITE DESCRIPTION/HISTORY The subject parcel is located on Hartman Circle no�th of Rice Creek a�d Mahnomen County Park. Located on the property is a single famity dwelling which was constructed in 1966. The dwelling was constructed without a garage. In 1969, a 16 ft. by 32 ft. addition was added to the dwelling. In 1974, a tool shed was constructed. In 1985, the property owners undertook an erosion control project for the banks along Rice Creek. ANALYSIS: The dwelling on the subject parcel is architecturally unique when compared to adjacent dwellings in the neighborhood (see enclosed article as a point of interest). No garage was constructed with the original dwelling, and the ow�ers have used a bituminous parking area since 1966 for the parking of vehicles. The Appeals Commission is being asked to review two requests in conjunction with this variance. Option A proposes a detached 24 ft. by 24 ft. accessory structure placed 8 feet from the dwelling. Option B, requested by one of the potential buyers, proposes a 24 ft. by 30 ft. accessory structure attached to the dwelling, reducing the setback to 18 feet. Staff has developed Option C which eliminates all variances. 1 �.03 Project Summary VAR #97-02, 191 Hartman Circie Page 4 Code Section for Accessory in the Front Yard Section 205.04.05.B of the Fridiey Zoning Code requires that accessory buildings and structures shall be located in the rear and side yards only. Public purpose served by this requirement is provide desired front yard space to be used for green areas and to add to the attractiveness of a residential district. Option A proposes a 24 ft. by 24 ft. detached accessory structure. This structure is proposed to be located 8 feet from the dwelling. If the setback is reduced to 3 feet, the structure would be considered "attached" by the Zoning Code; therefore, no variance would be required. Also, relocating the structure 3 feet from the dwelling unit would move the structure out of the setback area which would also eliminate the need for a front yard setback variance. In Option B, the accessory structure is attached. It is then considered part of the main structure and would only need to meet the front yard setback requirements. Option C attaches the accessory structure to the dwelling and eliminates the need for both variances. Code Seetion for Front Yard Setback Per Section 205.07.03.D.(1) of the Fridley Zoning Code requires a front yard setback of not less than 35 feet Public purpose of this requirement is to allow for off-street parking without encroaching on the public right-of-way and also for aesthetic consideration to reduce the building "line of sight" encroachment into the neighbor's front yard. The petitioner has requested a reduction in the front yard setback of up to 18 feet. In Option A, if the detached accessory structure is relocated closer to the dwelling, no variance would be required. In Option B, if the accessory structure is attached at the front of the dwelling, the setback would be required to be reduced from 35 feet to 18 feet. A vehicle could be parked in front of the garage in #his location without encroachment into the right-of-way. This request is within previously granted variances; however, an option exists to attach the structure to the dwelling which would not require a variance. Option C attaches the accessory structure to the dwelling without encroachment into the setback area. 1 �.0�4 Project Summary VAR #97-02, 199 Hartman Circle Paqe 5 STAFF RECOMMENDATION TO THE APPEALS COMMISSION: � As the request is wi#hin previously granted variances, staff Mas no recommendation regarding the request. !f the Appeals Commission chooses to approve the request, staff recommends one stipulation: 1. The accessory structure shall be architecturally compatible with the dweHing. APPEALS COMMISSlON ACTION: The Appeals Commission was unable to make a recommendation to the City Council regarding the request. The motion to approve the variance to reduce the front yard setback from 35 feet to 18 feet failed on a tie vote. There are finro options which do not require variances. STAFF UPDATE: The buyer, whose proposal is depicted in Option B, has withdrawn the request. The remaining variance request, therefore, is to: 1. Allow an accessory structure in the front yard; and 2. To reduce the front yard setback from 35 feet to 32 feet CITY COUNCIL RECOMMENDATION: The request is within previously granted variance requests; staff has no recommendation. � �,�J 1ST NORTHEAST SUBURBAN RESIDENTIAI REAL ESTATE To Whom It May Concern: 951 HILLWIND ROAD FRIDLEY, MN 55432 BUS. (612) 571-1010 FAX (612) 571-6565 We are proposing a 24 x 24 garage as indicated on the survey. The door would face East so the North and East walls would have shake siding to complirnent the exterior of the existing s#ructure. - The basic structure would be 2 x 4 wood frame on a concrete slab with a 16 foot door and a service door on the South side nearest the existing shucture. David Ryan � $.Q6 An Independently Owned antl Operated Member of Coldweii Banker Residentiai Affiliates, Inc. � "' M�se , \ � � � u � �. e� v �. Q I �� L � ` � xF �� (� LL �m �� _0 ` z0 3�tid �� b� v Q W x � � d J 0 J . :. � � � �� _ r � �o Q � �' � r �� u9 v � �� . � , ^ �� r� . � J � 0� �0 �� v j _ � � � `� J J ? � � a � . X ° r� 4�: �,Q�� `� � �� 'J �� r1h1T QhITA7�vnc utvnv .r. 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Zloop �a_� r-i I` � �� . � �� 7 � � i __.'_'__'_.___'.._._..� ��.�. . .. -__�___ � 1' � �� .r L ��l__--- . --. __._ ._._ Q _ < `J _ , - ---{ __. ' � �. 1�-- -- 1 ornerstone of H PI . ouse an IsFamil Fait�h y . By LORA LEE WATSON � Minoppolis Tribune Stetf Writer Lots of people plan their tion." Fireplaces on both'. homes to reflec[ their in- Ievels are much used, no[ � terests and pursuits. Few only for visual pleasure desigi them to express � and�warmth but for famiiy their religious convic[ions. rituals. - The Harold J. Belgums did � Uoth. The plans were dmwn by architect Winslow We- There's Christian � sym- din to combine the symbo- bolism in [he architecture �um the Belgums wan[ed and even in the setting of �y7t}� practical design. As their unusual house at 191 Wedin puts it, •'Thi$ home Hartman Cirele, Fridley. is a s[atement of a�. re- Bel um is famil life ed- �'g�ous �feeling applied� to g Y an everyday Iiving situa- ucator for the American tion." � Lutheian Church, � and� he � and his wife long have The Greek cross f o r m been active in sociat work. turned ou[ to be highly� practical, with the ]iving- "WE'VE TR[ED to make dining room as Ehe � inner ,� our house express the con- ��e the �- wings flowing ;�. victions of the work µ'e from it. Each wing server � do," Belgum said °A house a. different purpose and is and a church have ttie p�anned and decorated ac- same purpose; they're just cording to the direction it di[ferent sizes. A chureh is � faces. � simply a home for a larger • � -. family." _ � . APPROPRIATELY, the So, ]ogically, Beigmus entrance is � on tlie east, chose the cross, , central facing the sunrise. The en-- symbol .of Christen�om; as tty akove is done in sun- the basic shape . of the rise colors. Across on the house. IYs a Greek cross, k'est wing, a roofed but w.ith �the four wings canti- open deck uses cool �eve- levered to the cardinal di- ning colors. (Belgum plans- � rections, the-fron[ of the sometime to wintenze [he house facing true north. � deck and'� has . salyaged � a couple of colored glass windowsfrom an old Luth= �eran parsonage to be incor- �. porated into the �window . - �vall.) .. .. . - .. � y.;� . . .. �_ -.a� ; � :{n. uuinD_.rqom of�>'fAio>. - - �� —' �• .---. � _ _ _./rao�e ut .797. `�m�� Cirr/o_ Frid(eu • 17ie kitchen and its sun a�,� ,'�e da ��The sun .Jb�rd 'feeder,^ where�-the :`:%The�major space�in-the �- deck are.. at the sou[h, 8� Y• o v e r10 o k i n g.the creek, deck,�can.be`a family din- �� Be7a ms sca[ter seecis.and -�living - dining room rises � where the sun's rnflection -�ng area��K'hen the weather cillmbs along the ra7mg .� 'to a. clear - glass skyligh[ on the water makes dane- -u warm- and� the rest of and �hang� suet -balls. irom;;�� 8 54uare cathedral ceil- . � ing patterns on the ceiling the year its--"one gianE �;.thewalls.:-�: � ��-��n8 ��WOOd. DimcUy � . . �•. below and just the siu of "' . r �., the skyli�tt is a square is- tr% _. ^k : land of dKp biae textuied t: b'le' sG mto mitered oak r:floormg_ a. Rising from the center of the north wing is Bei- gum's turret study, with three stained� �glass; win- dows in the front. Belgum cal]s them "invocation windows." - "The central �one, de- picting water, is symbolic of the � Fathez," Belgum explained. "The �one with the green cross symbol izes the Son and the tall one showing. fire is for the Holy Spirit The win- doWS 2TC 011l' 2CSt1IllOny LO the communitp." S m a 11- spotlights are. positioned on an inside�wall to light �� the windows.•at-�night�-. . THE SEITING for the house was chosen for ele-. ments emblematic of Chris- tian faith. - "We chose to buitd be- � side water;' Belgum said, �., "because it �suggests re- � newal and refreshment. Rice Creek is direcUy be- low the house, down a� sharp indine. We purposely -�, �� selected a steeply pitched : lot so the house.could be : built right iMO�the land.--��'"� It's symbolic;ofCthe��fact"::.� that God: is� tha 'ground� of '- being.".• � . . Fenestration�and fire are - the other two elements . , � emphasized in planning the .. house. A skyGght in the - living - dining��room and large windows facing every . direction,give� a� constan[ � view. of the°"changing in- � Fluences in�,God's � crea- �. �� BELGUM HOUSE WJ1S:;BI3lLT�IN�SHAPE OF�GREEK��CROSS ' Fonr ,vings are��:eanttlecered toioard tardinn! pou/ta,;o%. gompaxs � � � : �� ■L ::.�'z-''-�;BEGIIV�IDHG the wester- dy :wing aud still part of �Y �tLe=liviog�_ dming area is £� xa°''ral°°°e the width of t6e�?maia � mom � but with :�':7otioer calmg for a more 'k`;;intimate air. Here; thece's �s.,. .,. ';a: c�versatimal Sro�P�> _`-;:=pf'c6aus amaod a lazge ?�_�"wffce tabk and a flower- . 'e'�,patterned blue� rug on the : ;;?'floo� , ��'�-�?On the rwrth 3ide of the �i;�; living room is a large fire- :�;;�place �of concrete .blocks �;:painted dark brown, with `�`B�Ided grouting. Above the --=-. fireplace Langs a cotorfut ', Elof Wedio painting back- ':�grounded 'm blue, Behind �� the'' fii'eplace � is storage r.?:'space, which eventually �;':�may -be turned into a `;��::.,"piano room°. , ' sl , �' -�Above ihe storage area .;'snd behind tLe fireplace is Be�gum's study toft, the �. 2urret that rises from the seigam - Continued on Page Six � o� � ' - � -m �o°� f - � W - 0 c � Q� Q, � � _ .. .. W O W .. m �£ d m S a�daaat � _�.v., ' / Tg c �, w> . � ;�_;l �� m,m�—°q� 3�3.e � a,°'cvma�•a'ta�°s _ o�.o.°'°..00e��maki°^o�'3 �OEm�o � t9 O . . - wt � x u v � P; � u . o m,,, o� . Qm � �Z : ms� ^vC.Cm. �� . ai�. o �cc°1wm ma�vwa'.-Oa. qoWVq �C^. . . . Ka � w , � 'do7 malvmb iLC.,��'v� °-�tom[a��.'G+��a�i..d...'�".'�' m.aa:'� �F.�.� . yQ.. ;1'Y� 1. 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Q m � �j � � ..v p cC N�x„r°� �3. 3 0 � �' �� .� �, - �y ^� f"' U •� � � ��... ,�y 0� E. �.. � � � a�� zTS o a.3'� y� W.^ � :T3� 3�� '�� a� . O cc1 � > c� ,� �.��3 1�.�4 1 � CITY OF FRIDLEY APPEALS COMMISSION MEETING, FEBRUARY 26, ROLL CALL: Chairperson Kuechle called the Febn�ary 26, 1997 order at 7:34 p,m. ppeals Commission meeting to ROLL CALL: Members Present: �arry Kuechle, C ol Beaulieu, Ken Vos, Terrie Mau Members Absent: Diane Others Present: Mic e McPherson, Planning Assistant D id Ryan, Coldwell Banker Ms. Mau, seconded by Ms. Beaulieu, to approve the January 29, 1 gg7, mission minutes as written. N A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED MOTION CARRIED UNANIMOUSLY. --•�-�-� �� r� vr H vAKIANCE RE . EST VAR 97- 02 BY DAVID R AN LDWELL BANKER: Per Section 205.04.05.B of the Fridiey Zoning Code, to allow an accesso structure in tfie front yard; and rY Per Section 205.07.03.D (1) _of the Fndley Zoning Code, to reduce �' setback from 35 feet to ;18 feet; to aUow'the construction 'of a two-ca r� arat'ea� �� . , 9 9. on :: Lot 23„ Block' 2, and `that �part of Lot 24, ;Block 2, lying westerly of a' line .": beginningy�at'the northwest coiner of Lot 24; thence to southwest comer of Lot 24, Sandhursf Addition, the same being 191 Hartman Circle N.E. M TION by Dr. Vos, seconded b Ms Beaulieu, to waive the rea ' hearing notice and to open the`pub c hearing. �. d+ng of the public UPON A VOICE VOTE, ALL VOTING �AYE, CHAIRPERSON K THE MOTION CARRIED qNp �E pUBLIC HEARING OPEN AT 7 36 M ECLARED Ms. McPherson stated the request is #or 999 Haitman Circle whi P -pp .',,, q ch is located west of are thRee o fions forthe Co of Mississi i Street ` The�re uest is unusu�l in that ther mmission to cons�der. e � Ms. McPherson stated option A is the original proposal as made request is for two variances. The first is to allow an accessory structu e in theyan. The front yard 1�8:15 APPEALS COMMiSSlON MEETING FEBRUARY 26 1997 PAGE 2 and, second, to reduce the front yard setback from 35 feet to a maximum of 18 feet. The construction of a 24 foot x 24 #oot detached ga�age is being proposed. Ms. McPherson stated the subject parcel is located adjacent to Manomin Park. A drainage and utility easement runs across a portion of the property, and a stormwater pipe is located within that easement so that portion of the parcel is not buildable. The petitioner's option is to construct a detached garage in front of the dweiling unit. There is currently no garage on the site. A bituminous parking area is directly off the s#reet in the northwest corner of tfie site. Under option A, a detached garage would be constructed approximately 8 feet from the dwelling and a driveway would be constructed in front of the house. The setback required for this option would be reduced to 32 feet from 35 feet. Ms. McPherson stated option B is being requested by an interested buyer. The buyer is interested in adding a garage directly onto #he dwelling unit in the north and east corner of the dwelling unit. The request for the structure in the front ya�d would be eliminated because the garage is now attached to the dwelling unit itself. However, in this configuration, the setback is reduced to 18 feet from the required 35 feet. Ms. McPherson stated option C, proposed by staff, is to attach the garage to the dwelling to the north and west portion of the dwelling unit with the garage exiting toward the northwest corner of the site. This option would require no variance. However, there are some questions with the structural connection between the dwelling and garage which may not make this pa�ticular option feasible. � Ms. McPherson stated the variances as requested are within previously granted reques#s; therefore, staff has no recommendation. If the Appeals Commission chooses to approve the request, staff recommends one stipulation: 1. The accessory structu�e' shall, be architecturally compatible �with ihe �" dwelling. _ Mr. Kuechle stated the footprint on the plot layout is not the same as the actual structure. Ms. McPhe�son stated there was an addition. The survey is the actual as-built survey of the site as it exists today. The origina! house was constructed in 1966 and an entry area was added in about 1969. Mr. Kuechle stated that in looking at the floor plan of the existing house, the fireplace chimney sticks out but this does not show on the survey drawing. This is: very .. confusing. Ms. McPherson stated the survey is #he at-grade plan. There is a roof which should correspond to the line from the fireplace. Mr_ Ryan could answer that question. Mr. Kuechle asked the width o# the boulev�:16 , Ms. McPherson stated the boulevard appears to be approximately four feet. Mr. Ryan stated they are working with Mrs. Beigum to help her market the house. The one thing he realized when he first visited the property Was to figure out a way to have a garage in order #o sell the property. They went through the survey. Once they discovered the storm sewer easement, they realized why a garage had not been built before. They were assuming that this was the logical place for a garage but there is no space there with the easement. They came up with this idea after taiking with six prospective buyers who were interested in the home. They are trying to get a variance so he can tell prospective buyers they wiii be able to buiid a garage. Dr. Vos stated option A proposes a detached garage eight feet from the house. What is the reason for not putting it against the house? Mr. Ryan stated a detached garage is the least expensive garage to build. in order to attach the garage, one would have to do some remodeling. Wifh stafFs recommendation and their placement of a service door, there is now a stairway to the loft. If that became a service entrance, one may lose access to the toft or would have to redo the stairway to the loft. It could be done, but ii would be more costly. Dr. Vos stated option B would put the garage to the other side. Mr. Ryan stated that option is a significant remodeling of the house. There is a specific buyer that submitted that option. They would have the intention of remodeling the house and putting another story on the house. This would make the house significantl more expensive than what is there today. y Dr. Vos stated that if he understood this correct�y, this option has the bi est varian request of the options. 99 ce Ms. McPherson stated this was correct. The Commission could choose to recom only the variance reques# of three feet. mend Dr. Vos stated option B is to reduce the setback to 18 feet. That is the one that is presented in the request. Ms. McPherson stated, yes, that is because that is the greatest extent. They presented the accessory in the ftont yard as option A and also the grea#est possible encroachment as presented in option. B. Dr. Vos stated option A is to aAow an accessory stn�cture in the front yard and option B is to reduce the se#back to 18 feet. - Ms. McPherson stated, yes, although there is going to be a minor encroachment with option A as well. �8.1i APPEALS COMMISSION MEETING. FEBRUARY 26, 1997 PAGE 4 Mr. Ryan stated that in speaking for Mrs. Belgum, option B is the only option with a buyer attached. The other options wouid provide her with more marketing options. Ms. Mau asked where the driveway would be wi#h option B. Ms. McPherson stated that the buyer would p�efer that the driveway go straight out to the street. They would try to preserve tfie trees to the east. Dr. Vos asked if there is a minimum distance to stay away from the street for parking room. Ms. McPherson stated the City has granted setback variances in the front yard from 35 feet down to 10 or 12 fee#. Typically, they like to see at least 20 fee# which is � a minimum standard parking stall. However, 18 feet is not unreasonable with the smaller cars today, but it may be a problem if you have a iarger vehicle. Ms. Beaulieu stated that by granting the variance as written, the buyer with option B could do what they want or, if that did no# go through, option A would fit within that variance. Ms. McPherson stated, yes. In order to allow option A, they needed to grant two variances--one to allow an accessory structure in the front yard and one to allow a reduction in the setback. Mr. Kuechle stated one suggestion was #hat the accessory structure requirement be removed if the garage was moved within three feet of the house. Is there a reason why this cannot be moved within three feet? Mr. Ryan stated, no. The surveyoc recommended that be. eight feet per some provisions from the City. � � , Ms. McPherson stated by having a minimum' of 5 feet of separation between the eave ��` lines plus the overhang on the garage� of approximately 24 inches would increase that to seven or eight feet which is proposed. That would eliminate the need for a one-hour fire wall and no openings in the garage stnacture along that side: Any closer than five feet requires sheet rock and one-hour fireproofing::: Other than that, there is no' physical reason why it couldn't be brought within three feet. Grass would fiave a difficult time growing there. The area would probably end up with a sidewalk or patio which could be icy in the winter. Ms. Mau stated that other than having to char�ge the structure with option C, that would not require a variance. Aestheticaily, �t': may actually. look better because it is set back - further. After driving by and looking at the p�operly, she had a hard time seeing how � the roof lines would match if a garage was set away from the house. The house seems set low. With plan C, it appears that the roof lines might be easier to meld together. Ms. McPherson stated that could occu� : 1t is a flat roofed structure. Someone may ' �' ■Vr��:�.� .. . . . . decide in the future to change that entirely. The Commission couid choose to deny tfie variance or could choose a compromise position and a futu�e buyer wouk! know that an attached garage without any variances would wo�ic, or the City could sta#e there be no encroachment greater than "x° amount of feet in the front yard. That is what the owner and the petitioner are looking for. If the Commission chooses to deny the request, the City Councii would review the request in March. Dr. Vos asked how much of a grade change there was from the street to where the garage would be located in options A or C. Ms. McPherson stated the bituminous paricing area has a 4.5 foot retaining wafl around it. Once you get past that, it is relativeiy flat. Mr. Ryan stated that speaking for Mrs. Belgum, he would encourage the Commission to accept the most libera! variance the City can live with. They are trying to find a way to market the house to more potential buyers. The most severe variance �equest is for someone who is considering buying #he property. Option C is a good idea but it would change the interior of the house and create some problems in the inte�ior. 1f someone likes what is there, tea�ing ou# that stairway and eliminating access to the loft to have access to the garage may be a problem. He would rather have approval of the variance and make some restrictions as to the type of roof rather tMan to have the variance request rejected. If the variance is rejected, Mrs. Belgum is in a difficult position to sell the house. Dr. Vos asked if staff had received any comments from the neighbors. Ms. McPherson stated staff did not receive any caAs regarding this request. Mr. Ryan stated the only neighbor with wh�ch he anticipated concem was the nei hbor to the west, but he raised no objection. `��. � 9 :, Dr. Vos stated this is a factor for the ne�ghbor to the west because the ara e co ` within five feet of that lot line. � 9 9 uld be Mr. Ryan sta#ed the neighbor to the west has a row of trees and a garage in that area. If there was a garage on this ro e P P rtY;' � would probably enhance the value of that property eventuall y. If o p t i o n 6 s h o u l d happen to be accepted., it wil! dramatically enhance the value of that part of the cori�munity and provide a better tax retum. TI N by Dr. Vos, seconded by Ms: Beaulieu, to close the public hearing. .. UPON A VOICE _ VOTE, AIL.:VOTING��AY`E'� . . , CHAIRPERSON KUECHLE DECLARED . � . � ' . THE MOTION. CARRIED AND THE PUBLIC HEARING CLOSED AT 7:57 P.M.. ` � � � Dr. Vos stated one of the hardships is tha# the easement cuts across the one side of the lot which forces everything to the front yard. The hardship forces the placement of the garage but a garage can be put in there without a variance. That pu#s him in a spot. i 18.19 APPEALS COMMISSION MEETlNG, FEBRUARY 26. 1997 __ PAGE 6 When there is a hardship, that is the only thing you can do. Usually you can try to minimize the variance request. In this case, you couid go 18 feet, 3 feet, or 0. Ms. Beaulieu stated, if you put the garage to the west side of the house, #hat changes the interior. She has no problem with the request as written. It seems that if someone had come in and asked for a variance as in option B with the unusual lot, an easement, and a creek, she did not think they would have any trouble approving the variance. The request gives the buyer the choice between any of the three options. Dr. Vos stated it is a different request because, if we do as stated in #97-02 and the buyer decides to go with option B, then pa�t of the variance request is not applicabie. Ms. McPherson stated that was correct. Dr. Vos asked if that would allow someone to put a small accessory s#ructure in the front yard because of the variance. Ms. McPherson sta#ed this could happen. She suggested that if the Commission liked option B to make it so that they would have to attach the garage. Granting both parts of the varia�nce for option B would open the door for an accessory structure over 240 square fee# in the front yard in addition to a garage. The only variance that you would need to be concerned about an accessory struc#ure in the front yard is option A and then you would limit the amount of the encroachment as a part of the motion. Mr. Kuechle stated his opinion is to reject the request. He thought there were at least two viable options to get a garage on this property. He could look at option 6 if the�e was a solid complete plan for the way the house was going to be redone, how �t,might look architecturally, and how it would look on the lot. He is reluctant to given an open book. He did not reallysee the service door issue as being a big one.° There4a�e some options for a senrice door or no service door .:. If attached, there' could be no sennce � :, , door. He did not know that this is=�a blocking` issue for `a garage in that�-location.. - Because there are two options for the lot, potential buyers have those finro options for a'' garage. If they feel they need the variance, then he thought they needed to see complete plans on how it was going to fit. Ms. Mau asked if other homes in the area have smaller setbacks. Ms. McPherson stated she did not know.` In the eight years she fias been a Planning Assistant, they have not granted any variance requests in this neighborhood: Some requests were made but were withdrawn. Ms. Mau stated that with option B, they are �ttaching the garage in a way #hat you could � also attach a garage in option C. One could extend part of the garage down into the : open area just like on the other plan, put the service door in a difference spot so it did not interfere with the inside structure by #he firepface. She thought a setback to 18 feet was drastic, and that there are other options. 18.20' --.-. ��QU��CU staied that if they did allow the contingent upon approvai of future P�ans? variance request to 18 feet, could it be Ms. McPherson stated there would not be any Commission or C building permit application, you �uld need to stipulate that in su ouncil review of a could take that stipulation and look at the plans to make sure eve together. She was not sure the C' ch a way that staff dY couid enforce tfiat since you must put a'nsubstantia�l addition on in addition to the ara e. that. Having the structure architectura��y comPatibie is con sthey �U�d legaily enforce If the Commission approves any of the o tions ent with past stipulations. structure be architecturaliy compatible. P ' y°� Would have the stipulation that the MO--N by Ms. Beaulieu, seconded by Dr. Vos, to recommend a Request, #97-02, by Oavid Ryan, Coldweil Banker, to reduce thepProva1 of Variance from 35 feet to 18 feet, to allow the construction of an attached � front yard setback 23„ Block 2, and that part of Lot 24, Block 2, lying westerl of a ��r ga�ge on Lot northwest corner of Lot 24; thence io southwest corner of Lot 24, Sa tleg�nning at the the same being 191 Hartman Circle N.E., with the following sti ulatio • hurst Addition, . P n. The accessory structure shaA be architecturaily compatible with dwelling. the UPON A VOICE VOTE, MS. BEq(lLIEU AND DR. VOS VOTING AY AND MR. KUECHLE VOTING NAY, CHAIRPERSON KUECHLE E' AND MS. MAU MOTION FAILED DUE TO A TIE VOTE. DECLqRED THE Ms. McPherson stated that because there appears to be a forward the request to the C• stalemate, it may be best to +�Y Counc�l with no recommendation. The City Council will � review the request on March 39. Mr. Ryan `st t"d a e there was no mention of option A. - Ms. McPherson stated the motion was the reate 9 st extent of the variance. Mr. Kuechle stated that granting the variance as requested wo doors. uld leave too many open Ms. McPherson stated a commissioner cou�d cl�o denial of the request but the outoome would likely be the � ose to make a motion to recommend same. Ms. Mau asked if it was possible that an intenest of a plan. She thought the problem was ttiat they did not see an ed buyer would want to show us more Mr. Ryan stated the inter _ Yth�ng to work with. ested buyer is probably remodeling the entire inside of the house. That is not a problem_ Ms. Beaulieu stated that if the request is oing to the Ci ��■21 ty Council, the plans could be APPEALS COMMISSION MEETING, FEBRUARY 26,1997 PAGE 8 brought to that meeting. Ms. McPherson stated there is another option. The Commission could choose to table the request. The petitioner and the potential buyer could choose to provide #he Commission with additional information. Mr. Ryan stated he was frustrated. He still cannot talk #o a buyer about purchasing the home. He can say you can buy the house if you remode! it. Mr. Kuechle stated two options were presented that do not require a variance. If there are two options, one would be to put the accessory stn.icture within three feet of the house without a variance and the second is #o attach a garage to the west. In terms of potential buyers, they have not closed the door. There are finro ways a garage can be built there that are still set back 35 feet. Ms. McPherson stated those are the options at this point, but the request can be moved on to CounciL Mr. Ryan stated he thought he should consult with the realtor and the potential buyer. Ms. McPherson stated the petitioner understands there are finro options which do not require a variance. The Commission has made its concerns known regarding option B. The City Council can still consider that request. Befinreen now and March 31, there may be more concrete plans for that buyer. Or, the petitioner could withdraw the request between now and Council consideration. Mr. Kuechle asked if Mr. Ryan had told the potential buyer that they would be looking a# other options and that this would not be the first choice. _: _ _.. � ` , _ . ,, ; : _ .'- Ms. McPherson stated, yes. The, buyer received a copy of the staff report so they were �� .::. aware that other options were analyzed under this�request. : 2. UPDATE ON PLANNING COMMISSION AND C�NCIL ACTIONS Ms. McPherson provided an update on Planni o 3. OTHER BUSINESS: and Council actions. Ms. McPherson stated the! �eals Commission meeting of March 12 fias been canceled. � � 8.22 MEMORANDUM DEVELOp1V�EN�' DIRECTOR • arch 27, 1997 TO: William Burns, City Manager�� FROM: Barbara Dacy, Community Development Director Scott Hickok, Ptanning Coordinator Julie Jones, Recycling Coordinator SUBJECT: Approval of Curbside Recycling Contract BACKGROUND At its March 3 meeting, the Fridley City Councii accepted a proposal from Waste Management for curbside recycling services and directed staff to negotiate a contract. Service with the new contractor is to begin Monday, April 7. PUBLIC NOTIFICATION The City Council also directed staff to conduct the necessary public notification to Fridley residents regarding changes to the program: On March 17, a letter was sent to each�single family (9-4 unit) household in the City, informing them of their new recycling day. On March 24, a detailed brochure inras mailed to each single family household. A mailing for multi family (5.-12 unit) property owners is currently being organized and will be mailed next week. All garbage haulers have been notified of the new recycling routes, and a 10 minute long video tape has been made for cable television. We are currently investigating the possibility of modifying extra neighborhood block captain signs with the new recycling date. City staff members have received many calls since the first letter amved in Fridley mailboxes. Questions received can be catorgized in three general questions: 1. Will my recyclables stiU be collected during the remainder of March? 2. Which is correct, the letter i received or the schedule in #he City Newsletter'? 3. How much extra is the weekly service going to cost? 19.01 Unfortunately, the City Newsietter arrived in the maii at the same time as the letter, telling residents their new recycling day, and the newsletter had the old Friday recycling schedule in it. This has created some confusion, but we are hoping the brochure, containing a new recycling zone map, will confirm the correct collection day. Overall, comments from residents have been overwhelmingly positive about the switch to weekly service and the addition of plastic bottles. Nega#ive comments have usually been quickly quelled when assumptions that costs are doubling are corrected. CONTRACT DETAILS The Waste Management contract has been developed by modifying the old SuperCycle contract. There are basically only five paragraphs in the contract that contain changes. The changes are as follows: • Paragraph 1: In order to compensate for quickly changing household counts due to the Christenson Crossing Development, we reworded how the City will modify the count on certified dwelling units. We also eliminated the requirement for service to schools since the Fridley schools now have their own contracted recycling programs. • Paragraph 3: At the Contractor's request, we added language that allows the Contractor to request a price adjustment from the City Council in the event that certain costs beyond their control (such as taxes and fuel prices) significantly change after the first year of the contract. This paragraph does not bind the City Council to accept the price change, and, in fact, requires Council approval. • Paragraph 16: This paragraph was added to provide service to the door to handicapped households. • Paragraph 17: This paragraph was modified to match the new recycling route days. • Paragraph 19: This paragraph was added to provide container delivery to new residents and to replace lost, damaged or stolen recycling containers. RECOMMENDATION The terms of the attached agreement with Waste Management are an improvement to the previous agreement with SuperCycle. The Agreement has been reviewed by the City Attorney. Staff recommends that the City Council approve execution of the Agreement as drafted. 19.�2 AGREEMENT FOR CURBSIDE RECYC�ING SERVICES This Agreement is made on day of , 1997, between the City of Fridley, a municipai corporation organized and existing under the laws of the State of Minnesota, hereinafter called the "City", and the Contractor, Waste Management, Incorporated, a Minnesota corporation duly authorized to do business in the State of Minnesota, herein called "the Contractor". WHEREAS, the Contractor is in the business of co!lecting recyclables. WHEREAS, the City desires the Contractor to pick up recyclables throughout the City's municipal limits in accordance with the terms of this Agreement. NOW, THEREFORE, the parties, intending to be legally bound, agree as follows: 1. Contractor/Citv Reauirements This Agreement defines the requirements of the City of Fridley's Curbside Recycling Program to all Certified Residential Dwelling Units (1-4 units) and Multi-Unit Dwelling Units (5-12 units). The City has identified 7,813 Residential Dwelling Units, defined as 1-4 unit buildings. The City has ident�ed 779 Multi-Unit Dwellings, defi�ed as 5-12 unit buildings. The Ciiy will re-certify these numbers in July and December each year or whenever there is a change greater than 20 units. These units will be serviced as specified herein. Additional Residential and/or Multi-Unit Dwellings may be certified by the City for service under this Agreement. The Contractor shall also provide weekly collection services to the Fridley Municipal Center and the Fridley Community Education Center. 2. Compensation to Contractor. The City agrees to pay Contractor for services specified herein. 3. Method of Pavment. The Contractor shall submit itemized bills as specified in Exhibit A to the City on a monthly basis. Bills so submitted shall be paid within thirty �30) days of receipt by City of a bill. The rates specified in Exhibit A will remain in effect during the first year of the term of the Agreement. Beginning on the first anniversary of the date of this Agreement, Contractor may increase these fees at a maximum of 5% to reflect changes in regulations, taxes, fuel prices or the CPI. Contractor must provide the City with adequate documentation to support requested increase, which would need to be approved by City Council as an amendment to this agreement, at least 60 days prior to effective date. � 4. Disposal of Recyclables. The Contractor shall use its best efforts to assure that all recyclables collec�ed in the City are not placed in landfills or incinerated and are distributed to the appropriate markets for reuse. If any recyclables are landfilled or incinerated,. the Contractor sha11 report that fact within 24 hours of the occurrence. Notification will include the types and amounts of material iandfilled or incinerated and the steps. being taken by the Contractor to avoid future IandfiU or incineration. Contractor shall at all times be under a duty to minimize recyclables ending up in landfills or incineration, and, in consultation with the City, at all times � �.�� AGREEMENT FOR COMPREHENSIVE RECYCLING SERVICES attempt to find the least costly meihod of disposai. The Contractor wili not be required to notify the City regarding contamination levels within the allowable State limits for Material Recovery Facilities. If the Contractor de#ermines that there is no market for a particular recyclable, or that the market is economically unfeasible, it shall immediately give written notice to the City. Said notice shall include information concerning the efforts made by the Contractor to find market sources, and financial information justifying the conclusion that the market is economically unfeasible. Upon receipt of said notice, the Contractor and the City shall have 30 days to atiempt to find a feasible market. During said 30 days, the Contractor shall continue to pick up the particular recyclable and sha11 be responsible for a transfer and disposal costs. If the Contractor or the City is not successful in finding a feasible market within 30 days, the City has the option to: (1) Require the Contractor to continue to collect the particular recyclable. In such case, the City would pay the Contractor, as additional compensation, the tipping fee at the Elk River RDF plant or a mutually agreeable alternative site. The Contractor is required to keep accurate records of said fees and provide the City with evidence of total payments. (2) Notify the Contractor to cease collecting the particular recyclable until a feasible market is located, either by the Contractor or by the City. If the City notifies the Contractor to cease collecting a particular recyclable, the parties shall immediately meet to re-negotiate the fee payable to the Contractor. In the event that #he parties disagree on the question of whether there is a market for a particular recyclable or whether the market is economically feasible, the disagreement shall be submitted to non-binding arbitration. In this case, each party shall name an arbitrator, and the two shall select a third person to serve as the chairperson of the arbitration panel. The arbitration panel shall meet and decide said question within 30 days of their appointment. 5. Collection Vehicle Ectuipment Requirements. Each recycling collection vehicle shall be equipped and maintained according to Section 113.15 of City ordinance. 6. Personnel Requirements. The Contractor shal! retain sufficient personnel and equipment to fulfili the requirements and specifications of #his Agreement. Page 2 � 9.�� AGREEMENT FOR COMPREHENSIVE RECYCLING SERVICES Contractor's personnel shall: a. Conduct themselves at ail times in a cou�teous manne�. b. Make a conce�ted effort to have at all times a presentable appearance and attitude. c. Perform their work in a neat and quiet manner, clean up ali recyclables spilled in collection and hauling operations. d. Avoid damage to property. e. Not perform their duties or operate vehicles while consuming alcohol or illegally using controlled substances or white under the influence of alcohol and/or such substances. f. Handle containers by pidcing them up, emptying their contents into the collection vehicle, and place, not throw, the container back in its original location. 7. Publicitv. Promotion, and Education. The Contractor shall pay for an annual curbside recycling program brochure fior distribution to a!I certified residential dwelling units. The City and Contractor staff will develop the brochure. The Contractor shall provide and pay for the design and printing of 10,000 copies of the brochure. The brochure shall be subjeet to final approval by the City. The City shall be responsible for the cost of mailing the brochure to all certified residentiat dwelling units. 8. Weiqhinq of Loads and Reportinq Requirements. The Contractor will keep accurate records consisting of an approved monthly report with the date, collection route, vehicle number, net weight, and number of recycling stops for each loaded vehicle. An original of each weight ticket shall be kept on file by the Contractor for the City's review if necessary. Contractor shall also include a monthly report (similar to the report shown in Exhibit E) on total number of stops, total tons collected, a fair estimate of the percentage of the tota! that each material type represents, and the markets generally used for ihe sale of recyclables with the Contractor's mon#hly billing. 9. Provision of Recvclinp Containers. The City will provide containers to all residentfal dwelling units. The City currently owns 90 gallon containers for all multi-unit dwellings and the municipal center. The City shall be responsible for the replacement costs of all single-family containers. The Contractor shall replace multi family 90 gallon containers when any multi-unit dwellings certified by the City for service are added to the curbside program and when existing containers in use are rendered defective. 10. Ownership. The owner of the property upon which the recyclables have been placed for cotlection shall retain ownership of the recyclables until the Contractor's personnel determines the recyclables are acceptable for collection and physically places the recyclables in the collection vehicle, at which time ownership sha11 transfer to Contractor. Page 3 1 J.05 AGREEMENT FOR COMPREHENSIVE RECYCLING SERVICES 11. Acceptable Recvclables. Accep#able materials inciude: newsprint and inserts, giass food and beverage containers), aluminum and steei cans, plastic bottles, boxboard (cereal, chip, cracker and cake boxes), mixed-mail, magazines and catalogs, telephone books, and corrugated cardboard. Other materiais may be added upon mutual agreement between the City and the Contractor. 12. Preparation. The Contractor shall collect recyclables which have been prepared according to the directions detailed in informational brochures developed by the Contractor shown in Exhibit B. Preparation standards for other materials will be determined by mutual written agreement between the City and the Contractor. 13. Procedure for Unacceptable Recyclables. If the Contractor determines that materials set out for coltection have not been prepared in accordance with the specifications contained in Exhibit B, they are unacceptable. The Contractor shall implement the following procedures: Residential Dwelling Units: a) The Contractor shall leave the unacceptable recyclables and place "education tag" indicating that the materials were unacceptable and the proper method of preparation. b) . The driver shall record the address and the Contractor shall maintain records that will be made available to the City upon request regarding addresses where educational tags were issued on a given collection day(s) c) The City Recycling Coordinator will undertake efforts to educate the resident or owner regarding proper materials preparation. Multi-Unit Dwellings: The Contractor will not collect unacceptable material. The Contractor will leave a tag indicating the reason the material is unacceptable. The Contractor sha/l notify the City's Recycling Coordinator by phone that the material was Jeff and the reason that the material was unacceptable. Upon the fourth incident of unacceptable materials at the same loca#ion in finrelve months the Contractor has the option of discontinuing service to the same address. Should the Contractor wish to discontinue service the Contractor sha11 notify the City within five days of this determination. The City will adjus# its monthly payments to the contractor accordingly. The City will notify the building owner or manager in writing that service has been discontinued. Page 4 � 9.OS AGREEMENT FOR COMPREHENSIVE ItECyCLING SERVICES 14. Collection Point. a• Residential DweNing Units: Residents shall be required to place containers at the curbside by 7:00 a.m. on the designated collection day. The Contractor shall empty all acceptable materials from container and any acceptable materials that are placed adjacent to container, and shall replace container at curbside. b. Multi-Unit Dwellings: Containers sha11 not be located inside the building, but shall be located inside/adjacent to waste dumpster enclosures at all certified multi-unit collection sites. Alternate exterior locations may be designated by the individual building owner or manager. All multi-unit recycling collection containers shall be clea�ly marked with the materials accepted. The Contractor shall empty all acceptable materials from inside the containers and acceptable materials that may be set adjacent to the containers. The Contractor shall repiace containers in their appropriate location. �• Municipal Center and Community Education Center: Containers shall not be located inside the building but shall be located inside/adjacent to waste dumpster enclosures at both collection sites. AII recycling collection containers shall be cleariy marked for material type that should be piaced in each container. The Contractor shall empty all acceptable materials from inside the containers and acceptable materials that may be set adjacent to the containers. The Contractor shall replace containers in their appropriate location. 15. Addition of Recvclables. The City agrees that it wifl consider, from time to time, proposals from the Contractor to pertorm additional services in the collection of additional recyclabfes or to pertorm additional services. Nothing contained in this paragraph shaN obligate the City to pay for such additional services or work unless and until this Agreement is modified by a contra�t in writing. 16. Handica Service. In the event that a household in the City requests service to the door as an atternafive to curbside collection, the Contractor wilt provide handicap service at no additional cost. If requests for handicapped senrice exceed 50 � 9.�7 Page 5 AGREEMENT FOR COMPREHENSIVE RECYCLING SERVICES households, the City and Contractor will re-negotiate a financial compensation for this service. 17. Frequencv of Collection. The City will be divided into four Collection Districts. Collection shall occur each week on Mondays, Tuesdays, Wednesdays, and Thursdays, according to the map in Exhibit C, for all single family units. Collections will be conducted every other week for all multi-family units according to the calendar shown in Exhibit D. 18. Collection Hours. Collection shall commence no earlier than 7:00 a.m. The Contractor shall maintain sufficient equipment and personnel to assure that all collection operations are completed by 8:30 p.m. on the scheduled collection day. Residents will be required to place recyclables at curbside before 7:00 a.m. on the scheduled collection day. 19. Container Deliverv. The City shall provide the Contractor with an adequate supply of curbside recycling containers for delivery #o new residents and residents who have damaged, lost or stolen containers. The City will encourage residents to pick up containers at the Municipal Center. However, upon request, the Contractor shall deliver a set of containers to an address served by the curbside program. The Contractor shall have the driver defivering such containers to also include a current informational brochure about Fridley's curbside recycling program. 20. Missed Coilection Policv and Procedure Contractor's Responsibility: The Contractor shall have a duty to pick up missed collections at all residential and multi-unit dwellings. The Contractor has sole responsibility for screening and responding to - missed colle�tions at multi-unit dwellings: The Contractor agrees to pick up all missed collections on the same day that the Contractor receives notice of a'missed colleetion, provided notice is received by Contractor before 12:00 p.m noon. With respect to all notices of a missed collection , received after 12:00 p.m., the Contractor will collect said misses on the next business day before 12:00 p. m noon. The Contractor shall provide staffing of a#elephone equipped office to receive reports of missed collections befinreen the hours of 7:30 a.m. and S:OO.p.m. on weekdays, except holidays. The Contractor shal! have an answering machine or voice mail system activated to receive phone calls after 5:00 p.m. on weekdays and all day Saturday and Sunday. The Contractor shall keep a tog of all calls including the subject matter, the date and the time received, the Contractor's response and the date and time of response. � The Contractor shall provide a. weekly report to the City specifying any missed collections and the response of the Contractor to those calls. Page 6 'i �.�$ AGREEMENT FOR COMPREHENSIVE RECYCLING SERVICES City's Responsibility/Residential Dwelling Units Only: The City shall be responsible for screening all reports of missed collections at residential dwelling units, received by the City, to determine if the reported miss is a missed collection, a late set out, or placement of unacceptable material for collection. A missed collection is defined as a report by a resident that their material was out by 7:00 a.m. and the address did not appear on the Contractor's weekly missed coilection report to the City. For each report of a missed collection, it will be the responsibility of the City's Recycling Coordinator to ask finro questions and inform ihe resident of the potential penalty to the Contractor. The required questions and statement are listed below: 1) What time was the material set out for collection? 2) Has the Contractor left a tag in your container indicating the reasons for the material not being picked up? 3) Inform the resident that the Ci#y has a penalty clause in the contract for missed collections that may be applied if their material was missed. 21. Non-completion of Collection and Extension of Collection Hours. If the Contractor determines that the collection of recyclables will not be completed by 6:00 p.m. on the scheduled collection day, it shall notify the City Recycling Coordinator by 4:30 p.m. and request an extension of #he collection hours. The Contractor shall inform the City of the areas not completed, the reason for non-completion, and the expected time of completion. if the Recycling Coordinator cannot be reached, the Contractor will contact the first designated alternate, #he Community Development Director. If the Community Development Director cannot be reached the Contractor shall contact the second designated altemate, the City Manager. 22. Non-Performance. a) Penalties: Missed Collection/Residential Dwelling Units Only $25.00 for each missed collection above three misses per collection day, to be assessed at the end of each collection month. A missed collection is defined as a report by a resident that their material was out by 7:00 a.m. and the address did not appear on the Con#ractor's unacceptable material set out records. Throwing Containers/Residential Dwelling Units Only $50.00 for each eyewitnessed report of a driver throwing in a rough manner, which could or did damage the container, rather than placing the container in its original Page 7 i 9.09 AGREEMENT FOR COMPREHENSIVE RECYCLING SERVICES location. Missing Entire Biocks/Residentiai Dwelling Units Only $500.00 per each incident of the Contractor missing an entire street. A missed block is defined as a block where residents from at least three households within two intersections of that block report that their material was out before 7:00 a.m., the material was not picked up, the addresses did not appear on the records as unacceptable setouts. In the event that an entire s#reet is missed the penalty of $500.00 will be assessed but the misses resulting from the missed street will be excluded from any calculation of the number of misses for the collection day, for the purposes ofi assessing any penalties resulting from missed collections, as defined in paragraph 22. District-wide Collection Not Completed $1,000 per incident of failure to complete collection when the Contractor has not received an extension of collection hours from the Recycling Coordinator, or the Community Development Director, or the City Manager as described in paragraph 21. Failure to Complete a Majority (over 50%) of the Collection District $2,500 per incident of failure to complete a majority of the collection stops in the collection district when the Contractor had not received an extension of colle�tion hours from the Recycling Coordinator, or the Community Development Director, or the City Manager, as described in paragraph 21. b) Exceptions: For the purposes of this Contract, the Contractor shali not be deemed to be liable for damages where its inability to perform recycling collection service is the result of conditions beyond the con#rol of the Contractor, inctuding but not limited to, civil disorder, acts of God, or severe weather (as defined in paragraph 24 of this contract), changes in applicable statutes, regulations, and ordinances; provided, however, that the Contractor shall obtain approval for the delay from the Recycling Coordinator, or the first designee, the Community Development Dire�tor, or the second designee, the City Manager prior to 4:00 p.m. of the scheduled collection day. When the City and the Con#ractor have upon mutual agreement determined that the Contractor may safely retum to the City, the Contractor shall have five (5) days (exctuding Saturdays, Sundays, and holidays) to provide such service. In the eve�t of a continuing failure beyond said period, the Contractor shall not be entitled to payment for any residential dwelling unit and multi-unit dwelling not serviced. In the event #hat the City has approved a delay beyond the five (5) days the Contractor will not be assessed penalties as specified in paragraph 22. 23. Dispute Resolution. Claims, disputes, or other matters of less than $2,500.00 in Page 8 � �.» AGREEMENT FOR COMPREHENSIVE RECYCLING SERVICES value between the Contractor and the City arising out of or relating to this Agreement shall be subject to and decided by non-binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association currently in effect unless the Contractor or the City agree otherwise. Demand for arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. A demand for arbitration shall be made within ninety (90) days after the claim, dispute, or other matter i� question has arisen. In no event shall the demand for arbitration be made after the date when the institution of legal or equitable proceedings based on such claim, dispute, or other matter in question would be barred by applicable statute of limitations. No arbitration arising out of or relating to this Agreement shall include by consolidation, joinder, or in any other matter, an additional person or errtity not party to this Agreement, except by written consent containing a specific reference to this Agreement signed by the parties to this Agreement and any other person or entity sought to by joined. Consent to arbitration involving an additional entity or person shall not constitute a consent to arbitration of any claim, dispute, or other matter in question not described in the written consent or with a person or entity not named or described therein. The foregoing agreement to arbi#rate, other agreements to arbitrate with an additional person or entity duly consented to by the parties to this Agreement shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. 24. Severe Weather. Recycling collections may be postponed due to severe weather at the sole discretion of the Contractor. "Severe weather" shall include, but shall not be limited to, those cases where the temperature at 6:00 a.m. is -20 degrees F or colder, to those cases when snowfall has made streets impassable. Upon postponement, collection will be made the following business day. The contractor will be responsible for notifying the residents by radio and #elevision announcements. The City will be responsible for notifying the residents by municipal cable. Afl three means of communication will be used for each severe weather postponement of recycling collection. 25. Holidavs. Holiday means any of the following: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. When a scheduled collection day falls on a holiday, or in a week following a holiday, collections will be one day late for all days of and following the holiday. The Contractor shall assist the City in publicizing the alternative coNection day. 26. Utilities: The Contractor shall be obligated to proteet all public and private utilities whether occupying street or public or private property. If such utilities are damaged by reason of the Contractor's operations, the Contractor shaH repair or replace same or, failing to do so promptly, the City shall cause repairs or replacements to be made and the cost of doing so shali be deducted from payment to be made to the Contractor. 19.11 Page 9 AGREEMENT FOR COMPREHENSIVE RECYCLING SERVICES 27. Audit Disclosure. The Contractor shall ailow the City and its duly authorized agents reasonabie access to Contracto�'s books and records applicable to all services provided under this Agreement. Any reports, i�formation, financial material, or data which the City at any time requests be kept confidential shall not be made available to any person or party without the City's prior written approval. Unless a written request is provided and approved by the City any repo�ts, information, financial material, or data collected by the Contractor or the City in relation to this Agreement shall be public infiormation. AH finished or unfinished documen#s, data, studies, surveys, drawings, maps, models, photographs, or reports prepared by Contractor shal! become the property of City upon termination of this Agreement. To the extent that any of the foregoing involves the business of Contractor outside the City, the Contractor shall have the right to use such property in its business outside of the City. 28. Term. The term of this Agreement shall be April 7, 1997, to March 31, 1999, the date of signature by the pa�ties notwithstanding. The pa�ties may, by mutua! agreement, cause this Agreement to be extended for two (2) years after the foregoing expiration date, subject to the right of either party to terminate for cause by ninety (90) days written notice as provided in the following paragraph. 29. Termination. This Agreement may be terminated by either party upon ninety (90) days written notice to the other party without cause or for cause upon the other party's breach of its duties under this Agreement. In the event termination is by the City pursuant to this ninety (90) day provision, tfie Contractor shall be paid until the effective date of termination. 30. Subcontractor. The Contractor shall not enter into subcontracts for any of the services provided for in this Agreement without the express written consent of the City. 31. Independent Contractor. At all times and for all purposes hereunder, the Contractor is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find Contractor an employee of the City. 32. Assiqnment. Neither party shall assign this Agreement, nor any interest arising herein, withou# the written consent of the other party. 33. Excluded Services. The City shall have no obligation to pay for any services furnished or performed by the Contractor not specifically provided for or contemplated herein. 34. Severabilitv. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a Court of competent jurisdiction, to be contrary to law, such decision shall not affect the remaining provisions of #he 1 �. � � Page 10 AGREEMENT FOR COMPREHENSIVE RECYCLING SERVICES Agreement. 35. Compliance with Laws and Requlations. In providing services hereunder, the Contractor shail abide by all statutes, ordinances, rules, and regulations pertaining to the provision of services to be provided hereunder. Any violation shall constitute a material breach of this Agreement. 36. E ual O rtunit . During the performance of this Agreement, the Contractor, in compliance wi#h Executive Order 11246, as amended by Executive Order 11375 and Department ofi Labor regulations 41 CFR Part 60, shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to insure that applicants for employment are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shalf include, but not be limited to, the following: employment, upg�ading, demotion, or transfer; recruitment or recruitment advertising; iayoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor shall post in places available io employees and applicants for employment, notices to be provided by the Government setting forth the provisions of this non- discrimination clause. The Contractor shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in alt subcontracts for program work. 37. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 38. Indemn�cation. The Contractor shall indemnify and hold harmless the City, its employees and agents, for all claims, damages, losses, and expenses, including, but not limited to, attorneys' fees, which they may suffer or for which they may be held liable, as a result of negligence or fraud of the Contractor, his employees, or subcontractors in the performance of this Agreement. 39. Insurance. The Contractor shall provide a certificate of insurance as proof of liability coverage for bodily injury or death in the amount of $600,000 for any one person and in the sum of $1,000,000 for two or more persons for the same occurrence, and for damages to property in the sum of $3,000,000. The certificate of insurance shall name the City as an additional insured and state that the Contractor's coverage shall be the primary coverage in the event of a loss: Further, the certificate shall provide for thirty (30) days written notice to the City before cancellation, expiration, or change of coverage. Page 11 �9.13 - AGREEMENT FOR COMPREHENSIVE RECYCLING SERVICES 40. Workers Compensation Insurance. The Contractor shail provide workers compensation insurance covering all employees of the Contractor engaged in the performance of this Agreement, in accordance with the Minnesota Workers Compensation Law. 41. Performance Bond. The Contractor shall execute and deiiver to City a performance bond with a corporate surety in the amount of $30,0�, or equal ("equal" may include a letter of credit from a banking institution approved by City). This Agreement shall not become effective until such a bond, in a form acceptable to the City, has been delivered to the City and approved by the City Attorney. This Agreement shall be subject to termination by the City at any time if said bond shall be cancelled or the surety thereon relieved from liability for any reason. The term of such performance bond shall be for the life of this Agreement. Extensions or renewals shall require the execution and delivery of a performance bond in the above amount to cover the period of extension or renewal. 42. Conflict of Interest. The Contractor agrees that no member, officer, or employee of City shall have any interest, direct or indirect, in this Agreement or the proceeds thereof. Violation of this provision shall cause this Agreement to be null and void, and the Contractor will forfeit any payments to be made under this Agreement 43. Governinq Law. This Agreement shall be controlled by the laws of the State of Minnesota 44. Entire Aqreement. The entire agreement of the pa�ties is contained therein. This Agreement supersedes all oral agreements and negotiations befinreen #he parties relating to the subject matter hereof as well as any previous agreement presently in effect befinreen the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 1�.1� Page 12 AGREEMENT FOR COMPREHENSIVE RECYCLING SERVICES Executed as of the day and year first above written. CITY OF CONTRACTOR NAME: By By Its Mayor and � �ts : Its City Manager Its, Page 13 iJ.1§ AGREEMENT FOR COMPREHENSIVE RECYCLING SERVICES EXHIBIT A FEES FOR CURBSIDE RECYCLING SERVICES Fees for services provided by the Contractor shall be paid by the City. Fees shall be based on a per household payment as follows: A. The cost per residential dwelling unit is $2.15 per unit B. 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