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05/05/1997 - 4784' GTYOF FRIDLEY FRIDLEY CITY COUNCIL MEETING ATTENDENCE SHEET MandaU, May 5 199� 7:30 P.�I. PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN PRINT NAME (CLEARLY) ADDRESS ITEM NUMBER ' L l �� r� ' �,5 � �n � � ,,-� ' � `� � � `" �- � A [ -� � �� ( i �� � _ „/ �� ��._- (-� � �'�` �Y (/ l �� � � ✓ f�� / '" �tG"1� � VR�� --� �V� �O v�i � �:y r-- � S - r��� �� � ��ft>^-��r�lt��2.����� 7Q�� �,�,ti�(��,�.,�j�� ��/�% �(��DTI��J(�, �� , � � � FSIDLEY CITY COUNCIL MEETING OF CfTY OF FRIDLEY May 5,1997 The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation wil( be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities �vho require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE PROCLAMATION• Pubiic Works Week May 11 - 17, 19�7 Veterans' Buddy Poppy Day May 16, 1997 CI iY COUNClL MEETING • APPROVAL OF MINUTES• City Council Meeting of April 28, 1997 APPROVAL OF PROPOSED CONSENT AGENDA• FRIDLEY CITY COUNCIL MEETING OF MAV S �aa� �___ ., • ---- ■ ayc L (�LD BUSINESS• Second Reading of an Ordinance Extending the Moratorium on Multi-Bay Warehouse or Similar Trucking Based Product Distribution Facilities in Industrial Zoning Districts . . . . . . . . . . . 1.01 - 1.02 NEW BUSINESS• First Reading of an Ordinance Extending Telecommunication Facility Moratorium to December 31, 1997 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.01 - 2.02 Establish Public Hearing for May 19, 1997 on Proposed Amendment to Section 11.01 of the Fridley City Charter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.01 - 3.07 Resolution in Support of an Application for a Minnesota Lawful Gambling Premise Permit to Spring Lake Park LionsClub . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.01 - 4.02 Appointment: City Employee . . . . . . . . . . . . . . . . . . . . . . . 5.01 Claims....................................6.01 FRIDLEY CITY COUNCIL MEETING OF MAY � q4a7 �___ ., , ---- . Qy�., NEW BUSINESS (CONTINUEDI• Licenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7.01 - 7.06 . t Estimates ....................................8.01 ADOPTION OF AGENDA• � OPEN FORUM, VISITORSs (Consideration of Items not on Agenda - 15 Minutes) �� � � � Ordinance Adopting the Prevailing Hours of Labor and Prevailing Wag� Rate on Certain Projects for or Within the City . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9.01 - 9.03 NEW BUSINESS• Variance Request, VAR #97-04, by Jim Driessen of Medtronic, 1nc., to allow a sigr� to be displayed above a public right-of-way, generall�y located at 7000 Central Avenue,N.E.(Ward2) .. ...........................10.01-10.19 FRIDLEY CITY COUNCIL MEETlNG OF MAY 5_ 199� NEW BUSINESS (CONTINUEDI• Informal Status Reports ADJOURN• , � � pi � �www A � wyv T ..............................11.01 � r. FRIDLIEY Ci�� CGJy�i�. M[E�Tih'G 01� �iay 5, 1997 , �%f -;���` �`' � ' � �� FR101EY 77�e City of Fridley will not discriminate against or harass anyone in ihe admission or access to, or [reatment, or employment ,; in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabitities to participate in any of Fridley's services, programs, and activities. 1�earing impaired persons who need an � interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 57?-3500 at least one week in advance. (TTD/572-3534) � PLEDGE OF ALI.EGIANCE. � PROCLAMATION: Public Works Week May 11 - 17, 1997 ;. ,ti,�-�-"�'�`� � '�� _� Veterans' Buddy Poppy Day May 16, 1999i� CITYCOUNCIL MEETING: � APPROVAL OF MINUTES- City Council Meeting of April 28, 1997 � �2/ ��� `-„'�rr-e�" �� � Appointment: City EmployeeS . . . . . . . . . . . . . . . . . . . . . . 5.0� Claims Licenses �, �.�.,v�-n--` ��--�—.. -••- f,• f;< -••...••-•••..._..�.�1 --•-..�.,f`� ............. .......7_Oi-7.06 . Estimates . . . . �/ • • • 8•01 �� ................... �1DOPTION OF AGENDA: �n�,,� .�� °�t,t.�� �- '�`-� , � � ` �,�`„���� OPEN FORUM. VISITORS: L cond Reading of an Ordinance Extendi�g the Moratorium Multi-Bay Warehouse or Similar Trucking Based Produd tribution Facilities in I�dustrial Zoning Distrids . _ . . . . . . . _ _ 1.01 - 1_02 � �,�_ �- i ,� .._ dEVN BUSINES : (Consideration of Items not on Age�da - 15 Minutes) �� �v �d_'^�.."` � ���w � �-- — ,T��.,-�— P OLD BUSINESS: G��"��-- °""`" , L�--�cr._�� Ordinance Adopting the Prevaiting Nours of Labor and Prevailing Wage Rate on Certain Projects for or , Within the City . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9.01 - 9.03 First Reading of an Ordinance Extending �;,� ��,�(,�.� Telecommunication Facility Moratorium to ' �c�%"- ° - ��� l"'''y`�`-'�'•C�-`�(" � ' Oecember31,1997---------��----•-�---------.._2.01-2A2� v�--�c-��''"`'s�C_%y��-�-`� .,, l� ��i , �� :�-C��� /��'/L%' -j�` , �Le�%� '`yG `�c� _ � �fy���. NEW BUSINESS: Variance Request, VAR #97-04, by Jim Oriessen of ' Establish Public Hearing for May 19, 1997 on Medtro�ic, I�c., to allow a sign to be displayed above ' a public right-of-way, generally located at 7000 Cent�al Proposed Ame�dment to Section 11_01 of the Avenue, N_E_ (Ward 2) . . . . . . . . . . . . . . . . . . . . . . . . 10.01 - 10.19. FridleyCityCha�ter --�---�-�--•---------•--•-----3A1-3_07 .z� cy,�yr� S-��i'__`' G" ,� --,�-� �- ���� � `� � � -. Informal Status Reports . -._ � . -. 11.p1 �?.y7/t�-�,,.z^� �� /�S ""`� c��' Resolution in Support of an Application for a Minnesota AQ���. J Lawful GambGng Premise Permit io Spring Lake Park Lions Club 4.01 - 4.0? � � `� � � � �' --��'� ;��c�� ��' � PVI3LIC Wc�RKS W��K May 11-1 �, 1997 WHEREAS, public works services provided in our community are an integral part of the every day lives of our citizens; and, WHEREAS, the support and understanding of a� informed citizenry is vital to the efficient operation of public works systems such as water, sewers, streets, highways, parks, public buildings, and snow removal; and, WHEREAS, the health, safety and comfort of this community greatly depends on these facilities and services; and, ¢ WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design, maintenance, and construction is vitally dependent upon the efforts and skills of public works personnel; and, WHEREAS, the efficiency of the qualified and dedicated personnel who staff public works departments is materially influenced by the people's attitude and understanding of the importance of the work they perform, NOW THEREFORE, BE IT RESOLVED, that i, Nancy J. Jorgenson, Mayor of the City of Fridley, here�y proclaim May 11 through 17, 1997, as: PVi3L1C Wt�RKS V1/��K in the City of Fridley, and call upon a!I citizens and civic organizations to acquaint themselves with the problems involved in providing public works services, and to recognize the contributions Public Works Department personnel make every day to our health, safety and comfort. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Fridley to be affixed this 5th day of May, 1997. Nancy J. Jorgenson, Mayor VETERANS' BUDDY POPPY DAY May 16, 1997 WHEREAS, the anrircal sale of Buddy Poppies by the Veterans of Foreign Wars of the United States has been offirially recognized and endorsed bygovernmental leaders since 1922; and �HEREAS, V�W Buddy Poppies are assembled by disabled veterans, and the proceeds of this worthy fund-raising campaign are sued exclusively to ben�t disabled and needy veterans, and the widows and orphans of deceased veterans; and, �HEREAS, the basic purpose of the annrzal sale of Buddy Poppies by the Veterans of Foreign �ars is eloquently reflected in the desire to "Honor the Dead by Helping the Living'; NOT�, THEREFORE, BE IT RESOLVED that 1; Nancy J. Jorgenson, Mayor of the City of Fridley, do hereby proclaim May 16, 1997, as VETERAMS' BUDDY POPPY DAY in the City of Fridley, and urge the residents of Fridley to recognize the merits of this cause by contributinggenerously.to its support by purchasing Buddy Poppies on the day set aside for the distribution of these symbols of appreciation for the sacrifices of our honored dead. I urge all patriotic citizens to wear a Buddy Poppy as mute evidence of our gratitude to the men and women of this country 4vho risked their lives in defense of the freedoms which we continue to enjoy as American citizens. IN WITNESS 1X�HEREOF, I have set my hand and caused the seal of the City of Fridley to be a}��d this srh day ofMay, 1997. NANCY J. JOR GENSON, MA YOR THE MINUTES OF THE REGUZAR MEETING OF THE FRIDLEY CITY COUNCIL OF APRIL 28,1997 The Regular Meeting of the Fridley City Council was called to order by Mayor Jorgenson at 7:38 p.m. PLEDGE OF ALLEGIANCE: Mayor Jorgenson led the City Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL• MEMBERS PRESENT: Mayor Jorgenson, Councilman Barnette, Councilman Billings and Councilwoman Bolkcom MEMBERS ABSENT: Councilman Schneider PROCI�MATION: DAYS OF RENIEI�RRANCE OF THE VICTIMS OF THE HOLOCAUST MAY 4 - 11, 1997: Mayor Jorgenson read and issued a proclamation proclaiming the week of May 4 through 11, 1997 as Days of Remembrance of .the Victims of the Holocaust. In memory of the victims, the survivors, and their liberators, the citizens of Fridley should strive to overcame intolerance and indifference throu.gh learning and remembrance. 1. CONTINUATION OF THE BOARD OF REVIEW: MOTION by Councilman Barnette to re-open the Board of Review meeting. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously and the Board of Review re-opened at 7:40 p.m. Mr. Hervin, City Assessor, stated that at the last meeting, Mr. Schindel, 6270 Riverview Terrace; Mr. Fyksen, 7518 Stinson Boulevard; and Ms. Delaney, 6250 Riverview Terrace were protesting the values placed on their properties. The othe� protest was from Mr. Sorenson, which was handled at the April 14 meeting. Mr. Hervin stated that Mr. Schindel telephoned and stated that he would not be submitting any further information regarding the value . placed on his property. He has not heard from Mr. Fyksen. A letter was sent to Ms. Delaney advising her that she could present information to the Board. None of these property owners were in attendance at this meeting. CITY COUNCIL MEETING OF APRIL 28, 1997 PAGE 2 Councilman Barnette stated that he spoke with Mr. Schindei. After receiving information from staff he felt comfortable with the value placed on his property. MOTION by Councilwoman Bolkcom to re-affirm the value of $183,500 placed on the property at 6270 Riverview Terrace. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. MOTION by Councilman Barnette to re-affirm the value of $105,400 placed on the property at 7518 Stinson Boulevard. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. MOTION by Councilwoman Bolkcom to re-affirm the value of $154,700 placed on the property at 6250 Riverview Terrace. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. MOTION by Councilman Billings to adjourn the Board of Review for 1997. Seconded by Councilwoman,Bolkcom. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously and the Board of Review Meeting adjourned at 7:45 p.m. APPROVAL OF MINUTES: COUNCIL MEETING, APRIL 14, 1997: MOTION by Councilman Barnette 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 CONSEIIT AGENDA: NEW BUSINE5S: 2. RESOLUTION N0. 33-1997 MODIFYING THE REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT N0. 1 AND THE TAX INCREMENT FINANCING PLANS FOR fiAX INCREMENT FINANCING DISTRICTS NOS. T-3, 6, 7 AND 9-14, TO REFLECT INCREASED PROJECT C�STS WITHIN REDEVELOPMENT PROJECT N0. 1, AND CREATING TAX INCREMENT FINANCING DTSTRICT NO. 15 �ND ADOPTING A TAX INCREMENT FINANCING PLAN RELATING THERETO: (MINNESOTA COMMERCIAL RAILWAY COMPANY) (WARD 1): Mr. Burns, City Manager, stated that this property is in the Northco Business Park alonq University Avenue, north of Columbia Arena. The TIF request is for a$125,000 grant and a $125,000 loan to be used for soil correction and site clearance. Mr. Burns stated that this project would involve the construction of a 57,980 square foot building for use in CITY COUNCIL MEETING OF APRIL 28, 1997 _ PAGE 3 transferring steel from rail cars to trucks. It is believed that the project will benefit severai other Fridley industries, such as Onan and Kurt Manufacturing, who are major steel users. Mr. Burns stated that the HRA approved the TIF district, and a public hearing was held before the City Council on April 14 with no negative comments. Both Anoka County and the school district have been notified with no comments received. ADOPTED RESOLUTION NO. 33-1997. 3. FIRST READING O�' AN ORDINANCE ESTABLISHING BY INTERIM ORDINANCE UNDER THE PROVISIONS OF MINNESOTA STATUTES SECTION 462.355, AN EXTENSION TO A PREVIOUSLY ESTABLISHED MORATORIUM, WTTHIN THE CITY OF FRIDLEY ON CONSTRUCTION OR EXPANSION OF MULTI-BAY WAREHOUSE OR SIMILAR TRUCKING-BASED PRODUCT DISTRIBUTION FACILITIES: Mr. Burns, City Manager, stated that the original moratorium was established at the January 27, 1997 City Council meeting. The purpose of the moratorium was to allow time for study of zoning issues related to warehouse/distribution faeilities located near residential areas. The extension would add another 60 days to the original 120 days to allow time for Planning Commission and Council action on the newly created M-4 district. WAIVED THE READING AND APPROVED THE ORDINANCE ON FIRST READING. 4. RESOLUTION NO. 34-1997 APPROVING A FINAL PLAT, P.S. #97-01, OSBORNE CONIl��RCE CENTER iSTEINER DEVELOPMENT TO REPLA'I GENERALLY LOCATED AT 193-223 OSBORNE: ROAD Mr. Burns, City Manager, stated that this action establishes a second industrial lot to the west of Gazda Moving and Storage on property located near the intersection of Osborne Road and Commerce Lane. The newly created parcel will accommodate a 50,000 square foot office/warehouse building that is to be constructed this spring and summer. Cross parking and access easements will be recorded between the new parcel and the Gazda parcel, giving users of both parcels access to Osborne Road via a common driveway. Both parcels exceed the area requirements specified in our M-2 zoning requirements. The preliminary plat request was approved by Council at their March 31, 1997 meeting. ADOPTED RESOLUTION NO. 34-1997. CITY COUNCIL MEETING OF APRIL 28, 1997 PAGE 4 5. � RECEIVE BIDS AND AWARD CONTRACT FOR CENTRAL AVENUE BIKEWAY WALKWAY, PROJECT NO. ST. 1994-9 (WARD 2): Mr. Burns, City Manager, stated that ten bids were received for this project. The low bidder was Hardrives, Inc. in the amount of $241,058.50. In addition to the cost for construction of the bikeway, there is an estimated cost of $44,357 for the purchase of a bridge to be used to span Rice Creek. There is also a cost of approximateTy $25,000 for design and installation of bridge abutments and setting the bridge. These wiil be bid as separate items. Mr. Burns stated that the total cost for the project is estimated at $310,000. It is recommended that this amount be funded from balances remaining in the street section of the capital improvements fund with the expectation that the amount will be eligible for MSA reimbursement. Mr. Burns stated it is recommended that the bid be awarded to Hardriv.es, Inc. in the amount of $241,058.50. RECEIVED THE FOLLOWING BIDS FOR THE CENTRAI� AVENUE BII�WAY/WALKWAY, PROJECT NO. ST. 1994-9: Hardrives, Inc., $241,058.50; Expert Asphalt, $241,253.00; Forest Lake Contracting, $258,602.40; Barber Construction Co., $265,411.66; Jay Bros., Inc., $267,742.00; Midwest Asphalt, $275,014.20; Frattalone Paving, Inc., $281,683.00; Valley Paving, Inc., $310,368.95; Lan-Dar, Inc., $336,292.50; and Bituminous Roadways, $365,871.50. CONTRACT AWARDED TO THE LOW BIDDER, HARDRIVES, INC. IN THE AMOUNT OF $241,058.50. CONSIDERATION OF COMPENSATION AND BENEFIT PACKAGE FOR ASSISTANT FINANCE DIRECTOR: Mr. Burns, City Manager, stated that Council formally appointed Ms. Susan Lemieux to the position of Assistant Finance Director on February 24,1997. The o�iginal appointment was at range 8, step 1; however, there are circumstances justifying the modification of this person's compensation package to range 8, step 4. It is also recommended that she be given a beginning annual leave balance of eighteen days. Mr. Burns stated that since coming to Fridley, Ms. Lemieux has demonstrated that she is a very capable employee whose skills match our needs very well. These changes, while extraordinary, are in the best interests of the City and consistent with the money budgeted for this position in the 1997 budget. CITY COUNCIL MEETING OF APRIL 28, 1997 PAGE 5 APPROVEIj THE COMPENSATION AND BENEFIT PACKAGE FOR THE ASSISTANT FINANGE DIi2ECTOR, MS. SUSAN LEMIEUX. 7. RESOLUTION NO. 35-1997 AWARDING THE SALE OF THE CITY'S $9,575,000 GENERAL �BLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 1997-A AND PROVIDING FOR THEIR ISSUANCE: Mr. Burns, City Manager, stated that Council initiated the sale of $9,575,000 in General Obligation Tax Increment Refunding Bonds at their March 31, i997 meeting.� Council also initiated the sale of $1,175,000 in General Obligation Water Revenue bonds. Mr. Burns stated that since that time, the City has sought bids on the tax i�crement bonds but not on the water revenue bonds. After further study, it was determined there was no savings to be gained from the sale of the.water revenue bonds. The City, however, can save approximately $1,�l00,000 by calling the current tax revenue bonds and selling a new bond. issue. Mr. Burns stated that bids were opened this morning by Springsted, Inc. They were as follows: Bidder Dean Witter Cronin Norwest Baird Dain First of America Piper Wm. Hough Griffin First Union Capital Markets Net Interest Cost 5.117821$ 5.127201� 5.149598$ 5.164283� 5.152747� 5.154448� 5.171534$ 5.218102� 5.231982$ �.233042$ Mr. Burns stated that the bonds were originally issued by the City on behalf of the HRA for a variety of projects, including Moore Lake Commons and Lake Pointe. The actual interest savings have been re-calculated at $1,397,804.91. Staff recommends that the bid be awarded to the low�bidder, Dean Witter at a net interest rate of 5_117821 percent. The bonds are due to mature in the year 2009. ADOPTED RESOLUTION NO. 35-1997 AWARDING THE BID TO DEAN WITTER AT A NET iNTEREST RATE OF 5.117821 PERCENT.. 8. CLAIM5: AUTHORIZED PAYMENT OF CLAIM NOS. 73975 THROUGH 74205. CITY COUNCIL MEETING OF APRIL 28, 1997 PAGE 6 9. LICENSES: THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 10. ESTIMATES: APPROVED THE ESTIMATES, AS FOLIAWS: 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 February, 1997 ..$15,120.00 No persons in the audience spoke regarding the consent agenda items. MOTION by Councilman Billings to remove all the Licenses, Item 9, from the consent agenda and place them on the regular agenda. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. MOTION by Councilman Barnette to approve the consent agenda items, with the exception of the Licenses, Item 9. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilwoman Bolkcom to adopt the agenda, with the addition of the Licenses, Item 9, from the consent agenda. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. OPEN FORUM, VISITORS: MR. HALUSKA, 5660 ARTHUR STREET - TRAFFIC CONCERNS: Mr. Haluska, 5660 Arthur Street, addressed Council regarding traffic safety on his street. There is a tremendous amount of traffic on Arthur Street between North Danube Road and Gardena Avenue, a sufficient amount whi.ch is generated by Totino-Grace High School. Traffic generally starts about 5:55 a.m., and he has counted 110 vehicles between the hours of 7:00 to 7:30 a.m. Mr. Haluska stated that three school buses, that were driving through the neighborhood, were included in these 110 vehicles. He can see no reason for the buses to travel in the neighborhood if they are not picking up or dropping off students. The buses and CITY COUNCIL MEETING OF APRIL 28, 1997 PAGE 7 cars never stay on their own side of the road, and it is an unsafe situation. One of the worst offenders was the Anoka County Traveler. Most drivers are exceeding the speed limit because they are late for school, and a lot of vehicles have their stereos blasting. Mr. Haluska stated that the traffic count was done after three.days of protest. He has been in contact with the Police Chief who stated that he would address this issue with the principal of Totino-Grace High School. Mr. Haluska stated that the situation is extremely unsafe for bikers and walkers. Everyone else is trying to dodge this traffic because Arthur Street is a narrow resi.dential street. He requested that several stop signs�be installed at Arthur Street and North Danube Road. This would force traffic to stay in their own lane as they proceed through the intersection. Mr. Haluska stated that he has had his mailbox knocked down three times, and vehicles have slid into his yard making it unsafe for his children. He hoped that Council would install stop signs at Arthur Street and North Danube Road and also control traffic leaving the Totino-Grace High School back parking lot. If Council would address this issue it may be resolved so that residents can enjoy their neighborhood. Mayor Jorgenson stated that Totino-Grace High School wouid be contacted as well as the bus companies and the Anoka County Traveler. She also suggested that a laser speed unit and the request for stop signs be reviewed. PUBLIC HEARINGS: 11. PUBLIC HEARING ON AN OFF-SALE BEER LICENSE TO KWIK STOP-N- SHOP, INC., 315 OSBORNE ROAD N.E. (WARD 1): MOTION by Councilman Barnette to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously, and the public hearing opened at 8:08 p.m. Mr. Pribyl, Finance Director, stated that an off-sale beer license was requested by Halim Zerka for Kwik Stop-n-Stop, 315 Osborne Road. The public hearing is to receive coinments from the public, and the applicant has been notified to be in attendance. Mayor Jorgenson stated that this is a change of ownership, and there has been a beer license issued before for this location. No persons in the audience spoke regarding this off-sale beer license. CITY COUNCIL MEETING OF APRIL 28, 1997 PAGE 8 MOTION by Councilman Billings to close the public hearing. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously and the public hearing closed at 8:10 p.m. NEW BUSINESS: 12. FIRST READING OF• AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 205, ENTITLED "ZONING", BY AMENDING SECTIONS 205.17.OS.D.(6), 205.18.OS.D.(6), 205.19.05.D.(6), ADDING SEGTION 205. 20 (M-4 M1�NIJFACTURING ONLY) , AND RENUMBERING CONSECUTIVE SECTIONS: Mr. Hickok, Planning Coordinator, stated that a public hearing was held by Council at their last meeting. Increased complaints regarding truck traffic, noise, and odors have initiated this proposed ordinance amendment to create stricter standards for industrial lots located on corner lots across from residential districts or uses. Mr. Hickok stated that there are seventeen distribution/warehouse facilities in the City amounting to a total square footage of 2,784,004 or 63.91 acres. Some facilities have expansion options. The goal of this ordinance is to reduce the impact of truck traffic on residential properties, increase job opportunities and economic value, permit current uses, and eliminate outdoor storage. Mr. Hickok stated the ordinance requires that on corner lots across from a residential district, no loading docks shall face the public right-of-way in M-1, M-2, and M-3 zoning districts and adds an M-4 zoning district. The Planning Commission recommended a separate hearing process for properties to be rezoned to M-4. MOTION by Councilman Barnette to waive the reading and approve the ordinance on first reading. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. 13. RESOLUTION NO. 36-1997•MODIFYING THE REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT NO. 1 AND THE TAX INCREMENT FINANCING PLANS FOR TAX INCREMENT FINANCING DISTRICTS NOS. 1-3, 6, 7, AND 9-15 TO REFLECT INCREASED PROJECT AREA AND INCREASED PROJECT COSTS WITHIN REDEVELOPMENT PROJECT NO. l, AND CREATING A TAX INCREMENT FINANCZNG DISTRICT NO. 16 AND ADOPTING A TAX INCREMENT FINANCING PLAN RELATING THERETO: Ms. Dacy, Community Development Director, stated that this is a request to create a tax increment financing district in order to provide assistance for a redevelopment project and to add a site to the redevelopment program. The project area also includes the 57th Avenue right-of-way for street and landscaping improvements. CITY COUNCIL MEETING OF APRIL 28, 1997 PAGE 9 Ms. Dacy stated that the developer is acquiring five sites, will demolish a single family home in order to construct an 8,000 square foot strip mall, and renovate a former tire center into a Goodyear Service Center. .The total cost of the project is $1,566,200, with about $400,000 for acquisition, demolition, and site preparation. Ms. Dacy stated that the proposed district has a maximum duration of 25 years. The County and school district have been notified, with no comments received to date. There will be no LGA/HACA loss to the City as a result of creating the district. The proposed tax increment financing plan elects the "local contribution" instead of the LGA/HACA loss. Ms. Dacy stated that the HRA is evaluating a pay-as-you-go assistance package for $175, 000 with a note to be repaid from the increment over twelve years. The HRA approved the resolution modifying the redevelopment project but failed to authorize preparation of a development contract on a tie vote. This issue will again be before the HRA at their May meeting. Ms. Dacy stated that the Appeals Commission recommended approval of. the variances, which is the next agenda item to be considered by Council. Ms. Dacy stated that the purpose of the expansion of the project area is to enable the HRA to contribute toward the 57th Avenue reconstruction plan. It is contemplated that the HRA would. contribute fifty percent of the street light and landscaping/ irrigation costs for the project. Mr. Linn, the developer, stated that he does not have anything to add; however, he would be happy to. answer any questions _from Council. MOTION by Councilwoman Bolkcom to adopt Resolution No. 36-1997. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. 14. CONSIDERATION OF VARI3�NCE REQUEST, VAR #97-03, BY STEVE LINN, TO REDUCE THE BUILDING SETB�CK FROM THE PUBLIC RIGHT-OF-WAY FROM 35 FEET TO 16 FEET; TO REDUCE THE REQUIRED NUMBER. OF PARKING STALLS FROM 54 TO 47; TO REDUCE THE HARD SURFACE SETBACK FROM THE PUBLIC RIGHT-OF-WAY FROM 20 EEET TO 3 FEET; TO REDUCE THE HARD SURFACE SETBACK FROM THE BUILDING FROM 5 FEET TO 0. FEET; TO REDUCE THE TWO-WAY DRIUE AISLE WIDTH FROM 25 FEET TO 24 FEET; TO REDUCE THE ONE-WAY DRIVE AISLE WIDTH FROM 18 FEET TO 13 FEET; ALL TO ALLOW THE CONSTRUCTION OF AN 8,000 SQUARE FOOT RETAIL CENTER, GENERALLY LOCATED AT 218 57TH PLACE N.E. (WA.RD 3): Ms. Dacy, Community Development Director, reviewed the six variances included in this request. The number of parking stalls CITY COUNCIL MEETING OF APRIL 28, 1997 PAGE 10 is 47, rather than 48. This site is at the northeast corner of. 57th Avenue and Main Street. Ms. Dacy stated that the subject parcel is 140 feet by 240 feet and surrounded on three sides by public rights-of-way. If the appropriate building setbacks are applied, a buildable area of 70 feet by 180 feet results. If the hard surface setbacks are applied it is possible to construct a 60 foot by 70 foot building and thirty parking spaces on the site. This is approximately half of the proposed development, and some type of variances are required for development of this site. Ms. Dacy stated that completed was updated. proposed development numbers indicated in improvement project f include reworking the n Holiday Foods entrance roadway would increase the 1996 traffic study which Home Depot It has been determined by BRW that this will have minimal impact to the traffic 1996. The traffic study suggested an or 57th Avenue. This improvement would iedian between University Avenue and the main and adding an additional lane so that the from four to five lanes. Ms. Dacy stated that 57th Avenue is a County/state. aid highway and the County has reviewed the plans. Staff has met with traffic engineers from the County to review the construction of the proposed development. The County has required that the proposed development share a driveway entrance with Burger King and line up with the existing main Holiday Foods ent�rance. A second driveway to the proposed retail center will be permitted provided that it is located on the common lot line as indicated on the site plan dated March 14, 1997. Ms. Dacy stated that the petitioner has submitted a grading and drainage plan. However, as there is no storm sewer available on the west end of 57th Avenue, this plan is incomplete. Temporary ponding may occur in the parking lot, but storm water will not be allowed to exit onto 57th Place, as there are already drainage problems on that street. Grading and drainage plans will need to be re-submitted prior to issuance of a building permit to comply with the City Engineer's comments in his April 4, 1997 memorandum. Ms. Dacy stated that the petitioner has submitted a landscape plan that needs to be amended to include five evergreen trees. In regard to the fencing, a majority of the neighbors, preferred a board-on-board fence with a scrolled top. Ms. Dacy stated that the building is to be constructed of smooth concrete block with a rock faced block base and a standing seam metal roof, green in color. There will be green canopies above the glass store fronts with a sign band for individually lettered signage. The grout on the concrete block should be a different color form the block itself to give the appearance of brick texture consistent with the brick Goodyear building to the east. CITY COUNCIL MEETING OF APRIL 2$, 1997 PAGE 11 Ms. Dacy stated that after the Appeals Commission considered this variance, the petitioner prepared a plan which combines the existinq easterly driveway of the Goodyear site with the westerly driveway of the Burger King site. The owner of the Burger King Site, Mr. Biglow, and the tenant, have agreed to share the driveway and to work out the details based on the plan the developer prepared dated April 9, 1997. An amended stipulation to address these circumstances is proposed. There is also a inirior.-amendment to Stipulation 7 regarding future assessments. Ms. Dacy stated that the Appeals Commission unanimously recommended approval of the variances with stipulations. Ms. Dacy stated that the stipulations have been reviewed with the petitioner, and he is in agreement. Councilwaman Bolkcom asked about the drainage. Mr. Flora, Public Works Director, stated that water would be temporarily held in the parking lot until the improvement of 57th Avenue is completed. Councilman Billings stated that in Stipulation 7, since the road is not designed at this time, it may be prudent to add the words "but not limited to" to cover any improvement costs which would be assessed to the property owner. Councilman Billings asked Mr. Linn how he felt the shared driveway with Burger King would work for his project. Mr. Linn stated that the initial design did not work well, but he felt this shared driveway would be good, not only for them, but also for Burger King and the City. Trucks would be able to maneuver, and this satisfied his concerns. MOTION by Councilwoman Bolkcom to grant Variance Request, VAR #97-03, with the following stipulations: (1) the petitioner shall construct the screening fence along the rear of the property (57th Place) in the following manner: a six foot high board-on-bard fence with a wooded top (fencinq sample "A"); (2) the petitioner shall submit a revised grading and drainage plan complying with the City Engineer's comments dated April 4, 1997; (3) the petitioner shall construct a shared driveway with Burger King, as shown on the plan dated April 9, 1997, and execute the necessary private agreements for maintenance, cross access, and construction prior to building permit issuance. If, for any�reason, the adjacent owner refuses to consent to the shared driveway, the petitioner :may construct a separate driveway under the following conditions: (a) approval is obtained from the Anoka County Public Works Department; and (b) the owner of record of the subject parcel must cooperate in combining/sharing the driveway with traffic from Burger King or any other use from the adjacent lot to the east at the time S7th Avenue CITY COUNCiL MEETING OF APRIL 28, 1997 PAGE 12 is reconstructed. The westerly driveway on 57th Avenue shall be constructed 230 feet east of Main Street centered on the lot line between the strip mall and the Goodyear.Service Center; {4) the petitioner shall submit a revised landscape plan which includes five evergreen trees. The landscape plan shall include underground irrigation. Parking lot screeninq shall consist of a tightly- planted hedge o� a low rock face block wall matching the building; (5) the building design shall be that indicated on plans dated March 14, 1997. This includes: (a) standing seam metal roof, green in color, flashing to also be green; (b) green canopies over the glass store fronts; (c) green glazed tile inserts; (d) accent building lighting, brown tone in color, lights shall be approved by staff prior to building permit issuance; and (e) light tan smooth concrete block with darker rock face block base. The grout color shall be different than the block color; (6) tenant signage shall be ind�vidually internally lit letters. Signage shall be located on the sign band indicated on the drawing, A3, dated March 14, 1997. If more than two tenants, a comprehensive sign plan shail be approved by the City Council prior to issuance of sign permits; and (7) the petitioner shall agree to pay the assessments resulting from the 57th Avenue reconstructiori plan, including, but not limited to, extension of the storm sewer, decorative lighting, and landscaping and irrigation. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. 15. CONSIDERATION OF CHANGE ORDER NO. 1 FOR WATER TREATMENT PLANT NO. 3, PROJECT NO. 293: Mr. Flora, Public Works Director, stated that this change order includes the modification of the parking lot to satisfy code requirements, the removal and replacement of the concrete curb and gutter, and street paving on 73-1/2 Avenue to improve the street. alignment, additional cost for the brick pattern for the building, the relocation of the radio antenna, and the addition of the drainage and temperature sensors in the building. The change order also includes a deduction for the City's effort in staking the project. The total amount of the change order is $10,336.00. MOTION by Councilman Barnette to authorize Change Order No. 1 for water treatment plant No. 3, Project No. 293 with Richmar Construction in the amount of $10,336.00. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. 15A. LICENSES: MOTION by Councilman Billings to approve the licenses as submitted and as on file in the License Clerk's Office, with the exception of the liquor licenses. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. CITY COUNCIL MEETING OF APRIL 28, 1997 PAGE 13 MOTION by Councilman Billings to approve all the liquor licenses as submitted and as on file in the License Clerk's Office, with the exception of the liquor license for Sharx Sports Bar. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. 16. CONSIDERATION OF RENEWAL (EXTENSION) OF A LIQUOR LICENSE FOR SHARX CLUB AND CONSIDERATION OF ESTABLISHING A PUBLIC HEARING ON REVOCATION OF A LIQUOR LICENSE FOR SHARX CLUB (WARD 3): MOTION by Councilwoman Bolkcom that the liquor license currently in effect for the business known as Sharx Night Club located in the City of Fridley is set for review on April 30, 1997. That the Fridley Police Department has in a memorandum dated April 22, 1997, copied to the Council, staff and the owners of the aforesaid business, raised significant concerns of the sort as would cause the City Council to revoke or suspend such a licenses. That Fridley City Code Section 603.17 expressly gives the holder of a liquor license in the City the right to a public hearing and ten days notice prior to actual suspension or revocation, the City Council resolves that a hearinq be set for the aforesaid liquor license on May 19, 1997 to consider the renewal/revocation of that license. Further, that the current liquor license for the premises shall be temporarily extended until May 19, 1997. The City Council may, on that date, either qrant the renewal, suspend or revoke the license, or take such other action that it, upon due. hearing and consideration of the testimony and evidence before it, in its discretion determines to be just and appropriate in the circumstances. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. 17. INFORMAL STATUS REPORTS: Mr. Burns, City Manager, stated that at the conference session he would like to discuss the point-of-sale inspection program, systematic code administration/enforcement, and the prevailing wage ordinance. Councilwoman Bolkcom reminded everyone of the Values First concert on Thursday, May l. Mayor Jorgenson stated that there would be a meeting tomorzow night at the Municipal Center from 6:00 p.m. until 9:00 p.m. regarding the Fridley Parent Communications Network. Mr. Flora, Public Works Director, stated that on Friday, May 2, there would be a ceremony for the closing of the dam and the filling of Locke Lake. CITY COUNCIL MEETING OF APRIL 28, 1997 PAGE 14 Councilman Barnette stated that there was a press conference held for the new Fridley Community Center. A presentation was given by the fund raising committee headed by Scott Lund and Jack Kirk. Their goal is to raise funds to purchase furnishings for the center. He said that $330,000 is needed, and contributions have been received from several organizations, as well as individuals. He urged Councilmembers to consider a gift of $100 or more as about $56,000 has been raised so far. If anyone would like to contribute they should contact Jack Kirk or Scott Lund. For those who contribute $100 or more, their name will be in the Hall of Fame at the center. Councilman Barnette stated that this project has been talked about for many years. Finally, the City is going to have a community center that will meet the needs of all ages. ADJOURNMENT: MOTION by Councilman Barnette to adjourn the meeting. Councilwoman Bolkcom. Upon a voice vote, all votin Jorgenson declared the motion carried unanimously, and Meeting of the Fridley City Council of April 28, 1997 8:52 p.m. Respectfully submitted, Carole Haddad Secretary to the City Council Seconded by g aye, Mayor the Regular adjourned at Nancy J. Jorgenson Mayor MEMORANDUM PLAl��TING DIVISION DATE: April 24, 1997 TO: William W. Bums, City (Vlanager �'j �� � FROM: Barbara Dacy, Community Development Director Scott J. Hickok, Planning Coordinator Michele McPherson, Planning Assistant RE: Second Reading of an Ordinance Extending the Moratorium on Multi-Bay Warehouse or Similar Trucking Based Product Distribution Facilities in Industrial Zoning Districts INTRODUCTION On April 28, 1997 the City Council approved first reading of an ordinance extending the industrial warehouse/distribution facility moratorium 60 days. The moratorium was adopted to allow time to review the number and location of existing warehouse and distribution facilities to determine if the zoning on remaining vacant land should be amended or changed to another zoning classification. The purpose of this memorandum is to recommend approval of second reading, allowing a 60 day extension to the moratorium, thereby ending the moratorium on July 26, 1997. COUNCIL ACTION Approve second reading of the attached ordinance to extend the Industrial Land Moratorium until July 26, 1997. 1.01 ORDINANCi3 NO. ESTABLISHINC BY INTERIM ORDINANCE UND$R TH$ PROVISIONS OF MINNESOTA STATUTES SECTION 462.355, AN EXTENSION TO A PREVIOIISLY ESTABLISHED MORATORIUM, in12THIN THS CITY OF FRIDLSY ON CONSTRUCTION OR $XPANSION OF MIJLTI-BAY WAREHOOSi3 OR SIMILAR TRUCKING-BASED PRODUCT DISTRIBUTION FACILITISS IT IS HEREBY ORDANED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY, MINNESOTA: That the City Council of the City of Fridley, Minnesota, finds that truck traffic in areas surrounding large facilities in the City used for warehousing or similar purposes can and has created a substantial potential for and actual hazard to the health and safety of the citizens of the City. That the City Council has found that a study is necessary in order to determine whether such uses should continue to be permitted in industrial zones in the City, particularly in instances in which there is close proximity to residential areas and, if so, under what conditions or limitations that would adequately protect the citizens of the City. That the City Council has determined that additional time shall be required to complete the study and associated ordinance amendments. THEREFORE BE IT ORDAINED: That the duration of the previously established 120 day moratorium herein declared be extended 60 days, terminating on July 26, 1997 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF ,1997 ATTEST: WILLIAM A. CHAMPA - CITY CLERK First Reading: April 28, 1997 Second Reading: Publication: 1.02 NANCY J. JORGENSON - MAYOR MEMO1�.Ai�TDU1Wi DEVELOPMEi�TT DIRECTOR DATE: May 1, 1997 TO: William Burn,�, City Manager��� i�� � FROM: Barbara Dacy, Community Development Director SUBJECT: Extension of Telecommunication Facility Moratorium to December 31, 1997 Although significant progress has been made on analyzing the impact of telecommunication facilities in the City, it is recommended that the moratorium be extended to December 31, 1997, The extension is necessary for �ree reasons: 1. A Charter amendment is in process to amend the definition of pu6lic utility to include wireless communication facilities. Because the City Charter prescribes specific timeframes for adoption, the ordinance will not take effeci unti! October 1; 1997. 2. The extension will provide the City with additional time to finish an ordinance regulating the facilities and to conduct neighborhood meetings to "pre-approve" specific sites. 3. The City may also want to determine if it should pursue ownership and operafion of telecommunication facilities. This matter has been reviewed with the City Attorney and given the circumstances of the City's analysis agrees that the extension of the moratorium is necessary. Staff will continue with an aggressive schedule to complete the required analysis, and if needed, the moratorium may be removed ea�lier than December 31, '1997. RECOMMENDATION Staff recommends that the City Council approve the attached ordinance for first reading extending the moratorium to December 31, 1997. BD/dw M-97-201 2.01 ORDINANCE NO. ESTABLISiiING BY INTERIM ORDINANCE AN EXTENSION TO A PREVIOUSLY ESTABLISHED MORATORIUM WITHIN THE CITY OF FRIDLEY ON THE CONSTRUCTION OF NEW COI�II7NICATION AND ANTENNA ARRAY TOWERS AND ON THE USE AND DEVELOPMENT OF PROPERTY FOR SUCH NEW TOWERS THEREBY AMENDING THE CITY CODE BY ADDING A NEW SECTION FOR THAT PURPOSE The City Council of the City of Fridley does ordain as follows: WHEREAS, the City Council of the Ci�y of Fridley, Minnesota finds that it is necessary to continue the required studies analyzing the impacts of new communication and antenna array towers in order to prepare appropriate regulations and to determine the proper location and sites for such facilities; and WHEREAS, the City Council has determined that additional time shall be required to complete the study and associated ordinance amendments; and WHEREAS, �t has been determined that an amendment to the City Charter is necessary regarding communication and antenna array towers; and WHEREAS, the City Charter requires specific timeframes to adopt changes to the City Charter. THEREFORE, BE IT NOW RESOLVED that the duration of the previously established 180 day moratorium herein be declared extended to December 31, 1997. PASSED AND ADppTED BY THE CITY COUNCIL OF Ti� C3TY OF FRIDLEY THIS DAY OF . 1997. ATTEST: WILLIAM A. CHAMPA - CITY CLERK First Reading: Second Reading: Publication: 2.�2 NANCY J. JORGENSON - MAYOR MEMORANDUM DEVELOPMENT DIRECTOR DATE: May 1, 1997 TO: William Burn� City Manager ri� � Y4� FROM: Barbara Dacy, Community Development Director SUBJECT: Estabtish Public Hearing for May 19, 1997 to Amend Section 11.01 of the City Charter The Charter Commission at its April 28, 1997 meeting approved a request to amend Section 11.01 of the Ciiy Charter to define °public utilities" to include wireless communication antennae. The purpose of the Cha�ter amendment is to provide the legal foundation to enable the City to lease public land and facilities to wirefess communication providers. In addition, the amendment will provide the City Council with the flexibility to determine whether it should pursue ownership and operation of wireless communication facilities. The proposed amendment simply clarifies what a public utility is and does not dictate to the.�City Council which utility it should undertake. According to the City Attomey, a . : referendum must be passed by 2/3 of the voters before the City Council can pass an ordinance to operate a utility. The public hearing on the Charter amendment is proposed to be established for May 19, 1997. First reading of the ordinance would be scheduled for June 9, 1997 and second reading on June 23, 1997. After second and final reading by the City Council and official publication, an amendment to the City Charter requires a 90 day timeframe prior to it becoming effective. If within 60 days of publication a petition is signed by a number of registered voters equaling two percent (2%) of those who voted in the last general election (13,324 x 2% = 267 signatures required), the Charter amendment must be put to a vote. Othenivise, it goes into effect 90 days after publication. The effective date of the Charter amendment, if the proposed schedule is implemented, would be October 1, 1997. 3.01 Charter Amendment May 1, 9 997 Page 2 The Charter Commission approved the proposed amendment with the condition that the Charter Commission attorney provide a written opinion by the time of the pubiic hearing. RECOMMENDATION Staff recommends that the City Council establish May 19, 1997 as the date of the public hearing to conduct a public hearing adding the following sentence to Section 11.01 of the City Charter: � "For nurnoses of this s �tion pubic utilities shall include water works district heatina,�y tems gas light power heat wireless or 4ther communication services or any other product or service the public nrovision of which the City Council by ordinance �hall determme to be in the interest of its citizens " B D/dw M-97-200 3.02 � PUBLIC HEARING BEFORE THE CITY COUNCIL Notice is hereby given that there will be a public hearing of the Fridley City Council at the Fridley Municipal Center, 6431 University Avenue N.E. on Monday, May i9, 1997 at 7:30 p.m. for the purpose of: Amending Section 11r01 of the City Charter by adding the following sentence: "For �urposes of this sect��n pubic utilities shall include water works di rict heating �.ystems gas light �ower heat wireless or other communication GPY'jjl G or any other product or service th public provision of which the City Council by ordinance shall (�PY'Prmi na tn hc i r, +-b,o � �- '' vi i� lll. 111 citizens." Any and all persons desiring to be heard shall be given an opportunity at the above stated-time and place. Any questions - related to this item may be referred to Barbara Dacy, Community Development Director, at 572-3590. 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 May 12, 1997. Publish: May 8, 1997 May 15, 1997 NANCY J. JORGENSON MAYOR 3.03 ` � � i 11.05 CH�PTER 11 PIIBLZC OWNERBHIp APTD OPERATZON OF IITILITIES Section 11.01. CONSTRUCTION, ACQUISITION AND OPERATZON OF UTILITZES. The City shall have power to acquire public utilities as provided in Chapter 9(Eminent Domain) of this Charter and to build and construct such utilities as may be authorized by at least sixty percent (60�) of the votes cast on the issue at a regular or _ -. �1 special election. �: _ -- ,��<.� ; . ;< j` ! � - � __ _" .J � � s � `.�'-{�1 �J^ ��_�`` Jf�" 4 Section 11.02. RATES AND FZNANCES. Upon recommendations made by the City Manager, or upon its own motion, the Council �hall have the power to fix all rates and charges for all utilities provided by plants owned by the City, but such rates and charges shall be just and reasonable. In like manner the Council may prescribe the time and manner in which payments for all such services shall be made and make such other regulations as may be necessary, and may prescribe penalties for violations of such regulations. Section 11.03. PURCHASE IN BULK_ The Council may, in lieu of providing for the local production of gas, electricity, water and other utilities, purchase the same in bulk and resell them to local consumers at such rates as it may fix. Section 11.04. CITY TO PAY FOR SERVICES. The Council shall make a reasonable charge, based on the cost of service, far lighting the streets and public buildings, or for supplying heat, power or any other utility, and reasonable charges for supplying the City with water, and shall credit the same to the publicly owned utility supplying the service. Such rentals and other charges for light, heat, power, water and other services shall be collected in the same manner as from other consumers, unless the Council provides some other plan. Section 11.05. LEASE OF PLANT. The Council may, if the public interest will be served thereby, contract with any responsible person, co-partnership or corporation. for the operation of any utility owned by the City, upon such rentals and conditions as may be deemed necessary, but such contract shall be embodied in and let only by an ordinance approved by an affirmative vote of at least (4) members of the Council. In 3.04 8/17/89 • 03/13/97 13:40 ^U 612 490 9056 Wayne 8. Holstad Russell L.C. Larson John L. Lindell. Karen Hill Fjeld t �' Reai Property Law Specialist HOLSTAD AND LARSON, P.L.C. Attorneys af Law 35�5 Vadnais. Center Drive, Suite 130 S� Paul; :Minnesota. 55110 Telephone:= {612) .490-9078 _ Facsi�ile: (G12) � 490.-158Q .�y�, � j / �Ioo2iooa Of Caunset Frederic W. Knaak* • n�so u�a �, Wisconsin ac Coiorado G'��t� . . ✓ March 13; � 1 g97 . . . � . . �' . . Mr. Witliam D. Hunt Assistant City Manager �� BY.FACSIMtLE 6121571=1287 City of Fridiey - . & U:S. MAIL 6431 Universiry �Avenue �N:f.; . � � Fridfey, MN. 55432 . . � � , RE: Use of:Cit�r's UtilityA�thority foc Telecommun+cation Tower Gonstruction .-� � Dear Mr.'Hunt_ _ We had discussed. last-�rtonttt.the possitiility af the Ciiy of Fridley using its` authority: in - regulating.and runr�irag�utilit'ies under its cha�er for the purpose of creating and running a telecommunications utility" tiiat could own PCS towers and other facilities in the`City „ and lease those faciiities taprivate communication service providers needing them.for communications networks in_the City. � As,,��y/ou hav.e..po�inted�ou #h��y ma � create.a "�filit}�. �inder Section�,1 t.O1 of=the,,�.: ��. .. . . . . � :q�u Y�? S . � -.F 1pr,}viwr rc+�•c ,++ Se . . Charter The creation ofi sud�.a ut�hty does requr�e an electivn artd a.favorable�sixty :. �.:: • � � � �, :� . , �. ��. �. -� :�}. ,� ._; � .�,„..r, ,� . � .,n .: � ,, .e, . ., ,�...�-,..�.,,�-�.,,...a��H �. �. .��. : . percent� margin of total uotes.cast �or stiich �a`"creation to take "effeci: � . � .� � K . T:'::t!'PF:4 :..a-:-..�h^r-..lkw�eeaa-`{ b�t.e-�.�atu�._-•L'nWd_:i��.-.yra�'r».+a2'u+ry::�.e �..��.t�rua.a�..a.::yi�.r.a.�.. .............�,:..�.�. ...n ..�r.e�r.:.-,:.a.�.:._^� '� ' - . Tt�e initial difficu(ty. i�have=had "or��ttii� issue has -been �in� d�etermining whether Erection .. .=: of PCS towe[s or related services�wouid yualify as a"utility" within #he�me�nir�g�of � .�� Minnesota statutes. In th�`case of�a�s�atutory:oity; the�answer would appear:#o tie "no", : � �� � given � the language.of_MinnesoCa=Statutes Se�tion 412:321,�which.limifs-the application .� _ : of the municipally:bwn�d utility authorj#y to "a�y�waterworks, district:heating �system, � . or gas, light,�power, �or heat plant fcsr�supplying�itsown�needs�for utility ser.v�ce or for. ... � supplying utiliry service to private �consumers or both." � Were the City a,statuto.ry city,,,,, " the matter would be closed. -.-.- ,�:,�� : ,.._ As a.chart�r city with a charter provision: that leavesthe issue undefined, .howiever. the _. . Ciiy may have greater flexibility in the matter. . Section .�11.03 of the: Fridiey Charter, �for example, does �provide•tfiat the City.�may purctiase utility.services defined as�"gas, electricity, water and o#her utillties"'. to benefit its citizens. :.An argument can be made . .�,.y..�..�.. tha# by leaving the provision..open_.fo� funher definition, the Charter left ihe question open to the vot�rs for,each new proposed.utility, as.to what would or,would;_not be�,r� .:,� allowed. . Following that view,� no charter amendment would be required when a new 3.05 . us��.s�yi ra 4i n`siz 4so soss Mr. William D. Hunt March 13, 1997 Page Two (� 003/004 type of utiliry is proposed; but any such utility woutd not be able to function without prior :, voter approval. . . ` City charters in "Minnesota� are �intended, howeve�; to be read in .light of applica6le �state law and, to the extent possible, are always to be +construed a manner #o give effect to both without conflict. In this instance, the.apparent limiting language of the municipal utility authority of statutory cities mightpresent a confiict and.possible source of legal challenge for any action by the City:attempting.to create such a utilitywithout'a charter amendment. There is no assurance at all.thatthe City would be able to prevail on such a challenge, even in the face of �[ clearly sfated desire and preference on the part of the voters of the City. A better approach, therefore,� would be a change .in ihe Charter itself; expressly authorizing the use of the_utiliry authority for.telecommunications_ There. are iwo.. possible approaches: 1)one which is specific to telecommunicaiions purposes, and . 2) a more general, #lexible approach which anticipates other possible, simifar types of services being included in the future. In the first approach� .the following language can be appended as an additional pa�agraph to Section�l i:01: .. � � � . . For purposes of.this.section;."public utili#ies" shail.include.�wireless .. telecommunications �services and faciiities. - . - � � � The second approach couid be� accompliahed: tiy 'iriserting; at�the same plac� �after � Section 11.D1 of the Ctia�ter�.fhe fo1(owing: ... _ �.: . � � For purposes of this section, °pu�ilic:utilities" shall..include_wateiworks; district �heating systems; gas,�F'ight,�power,�heat, wireless�or.other"communications . senrices, or any other.product:or senrice the.public�provision of which.the..City , Council, by ordinanee, shall:determine to be in.the.interests_of its citizens. � If possible, I would suggest that fhe latter.provision would provide fo� the greatest flexibility for the City� in the long run. .Since there is no. blankei prohibition-of this kind of provision in current sfate statutes, it is my.opinion that:it would operate as sufficienf authority for the city.to use.its utility authority in this manner: Please note that I have left untouched the election requirement; which would still be operative after.#he Ci#y Council had "added" to the.list, meani�g that while the council could create new. "alfowable° utifities, the Charter would still require voter approval before newly defined uti(ities would actually be aliowed. � 3.06 - us/ls/y7 ls:4z `n�612 490 9056 f� 004/004 Mr. �William D: Hunt � . March 13,� � 997 . � Page Three . � I hope this anafysis and suggestecJ language wilt be of.help io you. Piease call at your earliest convenience i# I can be of any further assistarice fo you on this or any other matter. Sincere y, ������ : Frederic W. Knaak � � Fridley City Attomey i cc: W. Champa 3.07 CITY OF FRIDLEY M E M O R A N D II M TO: WILLIAM W. BIIRNS, CITY MANAG]3R �i� � FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR WILLIAM A. CHAMPA, CITY CLERR SUBJECT: MINNE30TA LAAFIIL GAMBLING PREMISE PERMIT RENEAAL APPLICATION FOR SPRING LARE PARR I,IONS CLIIB DATE: APRIL 30, 1997 .� Attached is a resolution approving the renewal application for a Minnesota Lawful Gambling Premise Permit for Spring Lake Park Lions Club. Gambling will be conducted at Sandees restaurant, 6490 Central Avenue Northeast. Minnesota State Statutes requires the adoption of a resolution approving this type of gambling permit. 4.01 RESOLUTION N0. - 1997 RESOLUTION IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT TO SPRING LAKE PARK LIONS. CLUB WHEREAS, the City of Fridley has been served with a copy of a Premise Permit Application for a Minnesota Lawful Gambling Permit for Spring Lake Park Lions Club; and WHEREAS, the location of the Premise Permit is for Sandees Restaurant, 6490 Central Avenue Northeast; and WHEREAS, the City of Fridley has not,�found any reason to restrict the location for the charitable gambling operation. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley approves the Minnesota Lawful Gambling Premise Permit to Sandees Restaurant. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1997. ATTEST: WILLIAM A. CHAMPA - CITY CLERK 4.02 NANCY J. JORGENSON - MAYOR � � CfiY OF FRIDLEY BLACKTOPPING Lino Lakes Blacktop Inc 502 Liiac St Lino Lakes MN 55014 ELECTRICAL � Alpha & Omega Electric Inc 12705 Eveleth Path Apple Valley MN 55124 United Defense 4800 East River Rd Fridley MN 55421 GAS SERVICES Advanced Energy Services Inc 3650 Annapolis Ln Ste 105 Plymouth MN 55447-5434 American Heating & Air Supply 7930 University Ave NE Fridley MN 55432 LICENSES Peterson & Pinney Inc 4151 Coon Rapids Blvd NW Coon Rapids MN 55433 United Defense 4800 East River Rd Fridley MN 55421 GENERAL CONTRACTOR-COMMERCIAL Lee Benjamin Construction 6438 Karth Rd Lino Lakes MN 55038 Tom Ransden Wayne Bezanson RON JULKOWSKI Chief Bldg Ofcl STATE OF MINN Charles Christianson Same Richard Skala Pat Fragale Arnold Duks RON JULKOWSKI Chief Btdg Ofcl Same Same Charles Christianson Same Ben Lee 7.01 RON JULKOWSKI Chief Bldg Ofcl � United Defense 4800 East River Rd Fridley MN 55421 GENERAL CONTRACTOR-RESIDENTIAL Aldo Inc (2954) 17422 Minnetonka Blvd Minnetonka MN 55345 Alices Restoration (20070247) 766 Stewart Ave St Paul MN 55102 Charies Christianson Same Steven Opheim Bob Kreuser D & B Home Improvements (7773) � 4901 105 Ln NE Circle Pines MN 55014 William Friedrichs Dahl Builders & Remodelersl20050777) 451 Maple St NE Spring Lake Park MN 55432 Manufactured Housing Systems (6691) 8465 Center Dr NE Spring Lake Park mN 55432-1309 Phalen Siding & Trim Inc (6216) 1528 Lincoln Ave St Paul MN 55105 Sawyer Built Homes (20057629) 7091 Hwy 65 #107 Fridley MN 55432 Wiger David Construction (8392) 901 Rice Creek Terr Fridley MN 55432 HEATING Advanced Energy Services Inc 3650 Annapolis Ln Ste 105 Plymouth MN 55447-5434 American Heating & Air Supply 7930 University Ave NE Fridley MN 55432 Dale Dahl Ray Dosdall John Limberg Duane Sawyer David Wiger Richard Skala Pat Fragale 7.42 STATE OF MINN Same Same Same Same Same Same Same RONJULKOWSKI Chief Bldg Ofcl Same Fisher-Bjork Sheetmetaf Co Inc PO Box 40009 St Paul MN 55104 General Sheet Metal Corporation 2300 Louisiana Ave N Minneapolis Mn 55427 Peterson & Pinney Inc 4151 Coon Rapids Blvd NW Coon Rapids MN 55433 United Defense 4800 East River Rd Fridley MN 55421 MOBILE HOME INSTALLER Manufactured Housing Systems 8465 Center Dr NE Spring Lake Park MN 55432-1309 PLUMBING Area Mechanical 1389 Felix St West St Paul MN 55118 Minnesota Water Treatment 1812 Northdale Blvd Coon Rapids MN 55448 Peterson & Pinney Inc ' 4151 Coon Rapids Blvd NW Coon Rapids MN 55433 Tim's Quality Plumbing Inc PO Box 292 Osseo MN 55369 United Defense 4800 East River Rd Fridley MN 55421 ROOFING Skyline Roofing Inc 10609 Rhode Island Ave N Brooklyn Park MN 55445 Charles Fisher James McCarthy Arnold Duks Same Same Same � Charles Christianson Same Ray DosdaN Dan Daly Bob Yonke Lauren Turnquist Timothy Lindholm STATE OF M1NN STATE OF MINN Same Same Same Charles Christianson Same Tom Payne 7.03 RON JULKOWSKI Chief Bldg Ofcl SIGN ERECTOR Sign Language 6237 University Ave NE Fridley MN 55432 Jim Golden 7.04 RON JULKOWSKI Chief Bidg Ofcl � � CITY OF FRIDLEY May 5, 1997 LICENSES TYPE OF LICENSE: BY: APPROVED BY: FOOD ESTABLISHMENT Romantic Reveries Valerie Head Ron Julkowski 54�0 N.E, Maine St. Building Inspector Fridley, MN 55421 aUNK YARD Copart Salvage Auto Auctions Copar't of Conn. Inc. Richard Larson 3737 E. River Rd. Fire Inspector Fridley, MN 55421 MOTOR VEHICLE BODY� REPAIR Abra Inc. Duane A. Rouse Kurt Jensen 771� University Ave.N,E. Community Dev, Fridley, MN 55432 OFF SALE B�EER K ' FEES: $45.0� $�5�.�� $15�.�0 wik Stop-N-Shop Kwik Stop-.N-Shop Inc� David Sallman 315 Osborne Rd.N,E, $6�•�� Fridley, MN 55432 Public Safety Director PEDDLERS Dominion Business Prom, Andrew Jurgens �� �� 1711 Cty Rd. 6 Suite 300 N. Roseville, MN Liberator Sales Joseph Minder �� �� 5775 Soundview Dr. Big Harbor, WA 98335 STREET VENDING Licciardi's Novelty Vending John Lucciardi �� �� 2(l24 Encon Dr. Brooklyn Center, MN 5543(1 - TREE REMOVAL One Two Three In $60.�0 �� $6�. �(l �� $5(1. (1� �• Jonathan Staib John Flora 18547 Lakeview Pt.Dr, Public 4Jork Director Wyoming, MN 55�92 7.05 $4�.0f1 � � : � ORDINANCE NO. AN ORDINANCE OF THE CITY OF FRIDLEY, MINNESOTA, ADOPTING THE PREVAILING HOURS OF LABOR AND PREVAILING WAGE RATE ON CERTAIN PROJECTS FOR OR WITHIN THE CITY The City Council of the City of Fridley does ordain as follows: Subdivision 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 reasonable available, and that persons working under contract on buifdings 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. Subdivision 2. Prevailing Wage and Hours on Certain City-related or funded P�ojects. 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 shall be pain in accordance with the prevailing wage and hourly rate. b- Wages paid for all work performed by contractors and subcontraetors 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. �• 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. d. The term "City" shall refer to the City of Fridley and to all related agencies, including, but not limited to afl Housing and Redevelopment Authorities and Economic Development Authorities created by the City of Fridley. Subdivision 3. Exceptions. 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 $25,000.00 or less or a value equal to or less that 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. 9.01 Passed and adopted by the City Council of the City of Fridiey this day of , 19_. The foilowing Council Members voted Aye: , and the foilowing Nay: Attest: William A. Champa - City Clerk First Reading: March 31, 1997 Second Reading: Publication: Nancy J. Jorgenson - Mayor � 9.02 Council Member moves to amend proposed Fridley City Ordinance published in its First Reading on March 31, 1997, in part, to read as follows: Subdivision 3. Exceptions. This ordinance shall not apply to the following circumstances: b. Any housing project or program within the City directed to ' , � , . or marketed for owner occupancv; or c. Any housinq prolect or proqram directed at rental units containinq eicaht or fewer units; or d. Anv residential rehabilitation proiect reqardless of size entirelv paid for with non-citv funds. 9.03 n 0 � � CITY OF FRIDLEY William W. Burns MEMORANDUM CityManager TO: The Honorable Mayor and City Council FROM: William W. Burns, City Manager ��`?�1 � DATE: April 11, 1997 SUBJECT: Prevailing Wage Contract Language Fritz Knaak and I are proposing the attached resolution endorsing the prevailing wage contract language that is used by the Anoka County Highway Department. We hope this , meets your expectations. WWB:rsc �. RESOLUTION NO. -1997 A RESOLUTION OF THE CITY OF FRIDLEY, MINNESOTA, FOR THE ADOPTION OF A POLICY AND CONTRACT LANGUAGE IMPLEMENTING THE PROVISIONS OF ORDINANCE NO. , PROVIDING FOR THE PAYMENT OF PREVAILING WAGES ON CERTAIN PROJECTS AND CONTRACTS WITHIN THE CITY WHEREAS, the City of Fridley, Minnesota, has adopted a certain Ordinance, Number , providing for the payment of the prevailing wage to workers within the City under certain specified conditions and circumstances; and WHEREAS, the City of Fridley, Minnesota, wishes to provide specific guidance to the public and its own employees, as well as contractors and others doing or wanting to do business with or in the City, as to how it expects the aforesaid Ordinance to be implemented in contracts and work governed by the Ordinance; NOW, THEREFORE, BE IT RESOLVED, that the City of Fridley adopts as its policy concerning all bids and contracts governed by the aforesaid Ordinance that the following language, either fully or by express reference to the aforesaid Ordinance and this Resolution, shall be included in all such bids and contracts, and that this same language shall operate as the ongoing policy of the City of Fridley with respect to any such bids and contracts: PAYMENT OF PREVAILING WAGES. The Contractor agrees that the Contractor's laborers and mechanics and any subcontractor's, of any tier, laborers and mechanics who work on this project and who fall within any job classification established and published by the Minnesota Department of Labor & Industry shall be paid, at a minimum, the prevailing wage rates as certified by said Department. Each Contractor and subcontractor of any tier perForming work on this project shall post on the project the applicable prevailing wage rates and hourly basic rates of pay for the County or area within which the project is being performed, including the effective date of any changes thereof, in a least one conspicuous place for the information of the employees working on the project. The information so posted shall include a breakdown of contributions for health and welfare benefits, vacation benefits, pension benefits and any other economic benefit required to be paid. �- i .•i The definition of "laborer" and "mechanic" used in connection prevailing wages shall be that definition contained in 29CFR Part 5.2(m). Page 2 -- Resolution No. -1997 .i - .� . . a. Upon request of the City, the contractor and subcontractors, if any, shall submit to the City, weekly for each week in which any contract work is performed, a copy of all payrolls. The payroll submitted shall set out accurately and completely all the information required to be maintained under Section 5.5(a)(3)(I) of regulations, 29 CFR Part 5. b. Each payroll submitted shall be accompanied by a"Statement of Compliance" signed by the contractor or subcontractor or her agent who supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains information of the type required to be maintained under Section 5.5(a)(3) of regulation 29 CFR Part 5, and that such information is correct and complete. (2) That each laborer or mechanic (including each helper, apprentice and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned. (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalent for the classification of work performed as specified in the applicable wage determination incorporated into the contract. (4) The contractor or subcontractor shall make the records required under this paragraph available for inspection, copying or transcription by the City and shall permit the City to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records and make them available, the City may, after written notice to the contractor, take such action as may be necessary to cause the suspension of further payments, advance, or guarantee of funds. . . .1 _. � • 1•- • ..: In the event of any violation by the contractor or subcontractor relating to the prevailing wage provision in this contract, the contractor shall be liable for the unpaid wages. Page 3 -- Resolution No. -1997 ..1.. ... �.._ The City of Fridley may, upon its own action, withhold or cause to be withheld from any monies payable on account of work performed by the contractor or any subcontractor such sums as the City may determine to be necessary to satisfy any liabilities of such contractor or subcontractor for any unpaid wages as required herein. 5. Frinae Benefits. The Contractor and subcontractor shall pay fringe benefits in the manner and in accordance with the 1964 amendments to the Davis-Bacon Act (Public Law 88-349) and the implementing regulations contained in 29 CFR, Subpart B, 5.20, et seq. �� ' _ �Fi�<� : i� - ! = - If the Contractor or any subcontractor of any tier does not pay its laborers and mechanics prevailing wages as provided herein, the Contractor shall be liable to and pay to the City, as liquidated damages, a sum equal to five percent (5%) of the contract amount. The City may deduct any money due or coming due to the Contractor such sums as the City may determine to be necessary to satisfy any liability of the Contractor to pay liquidated damages as provided herein. Any monies collected or deducted are not to be construed as penalty but as liquidated damages to compensate the County for the Contractor's and/or subcontractor's failure to pay prevailing wages. The rights and remedies provided for in these specifications shall be in addition to and not a limitation of any rights or remedies otherwise available at law. In any lawsuit involving assessment or recovery of liquidated damages, the reasonableness of the charges therefore shall be presumed, and the amount assessed shall be in addition to every other remedy now or hereinafter enforceable at law, in equity, by statute or under the contract. 7. Termination of Contract. A violation of any of the above-stated provisions in a contract governed by the Ordinance shall constitute a substantial breach of that contract and shall constitute grounds for termination. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF APRIL, 199�. AYES NAYS NANCY J. JORGENSON - MAYOR ATTEST: WILLIAM A. CHAMPA - CITY CLERK CITY OF FRIDLEY PROJECT SUMMARY DESCRIPTION OF REQUEST: The petitioner requests that a variance be granted to allow installation of a sign over the public right-of-way. The request is by Jim Driessen representing Medtronic, Inc., 7000 Central Avenue. If approved, a 2.5 ft. by 15 ft. illuminated sign and logo would be installed on both sides of the Medtronic skyway. SUMMARY OF ISSUES: Section 214.04.01 of the City Code prohibits any permanent signs, other than governmental signs, erected or displayed upon any right-of-way or public property. This request is highly unusual in that there are only two skyways in the City of Fridley, Medtronic and Minco. The Minco skyway is located above property that is owned entirely by Minco. The entrance drives are located in a manner that by the time it occurs #o you that this is the Medtronic complex, you are past the entrance drive. The sign would provide better early identification. The width of the Central Avenue right-of-way limits the effectiveness of monument or wall signs. While the petitioner has requested that the sign be lit. In order to reduce the impact from the sign on nearby residential and park properties and in order to I eliminate the element of distraction for night drivers, staff recommends that the sign not be lit: STAFF RECOMMENDATION TO THE APPEALS COMMISSION: This variance request is highly unusual due to the site's location and unique characteristics. Staff, therefore, recommends that the Appeals Commission recommend approval of the request to the City Council with the foilowing stipulation: 1. The sign shall not be illuminated. IAPPEALS COMMISSION ACT10N: The Appeals commission voted 3-1 to recommend approval of the request to the City Council as recommended by staff. CITY COUNCIL RECOMMENDATION: Staff recommends that the City Council concur with the Appeals Commissior� action. 10.0 7 Project Summary VAR #97-04, by Medtronic, fnc. � Page 2 PROJECT DETAILS 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 lssues: A variance to allow placement of a sign above the public right-of-way 7000 Central Avenue That part of the Southeast Quarter of Section 12, Township 30, Range 24, Anoka, Minnesota, except the weste�ly 50 feet thereof taken for Central Auenue also except that part taken for Minnesota Transfer Trailway Company; subject to any portion taken for street purposes along north and south lines thereof, also subject to any easements of record, generally located at 7000 Central Avenue 360,000 square feet; 23.2 acres Mostly flat, but sloping into Rice Creek Typical suburban; trees, sod, shrubs; but natural vegetation along Rice Creek M-2, Heavy Industrial; unplatted Connected Central Avenue, 69t'' Avenue Central Avenue bikeway, proposed None The Zoning and Comprehensive Plans are consistent in this location. � 0.�2 Project Summary VAR #97-04, by Medtronic, inc. Page 3 Public Hearing Comments: To be taken ADJACENT SITES: WEST: Zoning: M-2, Heavy industrial Land Use: Industrial SOUTH: Zoning: P, Public R-1, Single Family EAST: Zoning: M-2, Heavy Industrial NORTH: Zoning: M-2, Heavy Industrial Site Planning Issues: REQUEST Land Use: Park Residential Land Use: Industrial Land Use: Industrial The petitioner requests that a variance be granted to allow installation of a sign over the public right-of-way. The request is by Jim Driessen representing Medtronic, Inc., 7000 Central Avenue. If approved, a 2.5 ft. by 15 ft. illuminated sign and logo would be installed on both sides of the Medtronic skyway. SITE DESCRIPTION/HISTORY Medtronic, Inc., is located on both sides of Central Avenue at 69�' Avenue. The finro facilities are connected by a skyway over Central Avenue which is a County road. The first Medtronic facility was constructed in 1969. Since that time, multiple additions have occurred to both facilities. The latest majo� addition occu�red in 1992. Anoka County has approved the placement of the sign on the skyway. ANALYSIS Code Section Section 214.04.01 requires that any permanent signs, other than governmental signs, erected upon any right-of-way or public property are prohibited in all districts. 10.03 Project Summary VAR #97-04, by Medtronic, Inc. Paae 4 Public purpose served by this requirement is to control visual pollu#ion and excessive use of signs in all districts. Prior to granting a variance from the literal provision of the Sign Code, four conditions must be met by the applicant. These four conditions are outlined in Section 214.21.02 of the Sign Code and are as follows: A, That there a�e exceptional or extraordinary circumstances applicable to #he property or to the intended use that do not apply generally to other property in the same vicinity and district. Medtronic is unique in the fact that i# ha� a skyway extending above the public right-of- way. No other industrial building, with the exception of Minco at 7300 Commerce Lane has a skyway located above the public right-of-way. The Minco skyway is located above property owned by Minco. B. That the variance is necessary for the presenration and enjoyment of a substantial property right possessed by other property in the same vicini#y and district, but which is denied the property in question. The variance would allow an additional 30 square feet of signage on both walls of the skyway. Medtronic currently does not have wall signs located on the building. There are two monument signs located on the west and east sides of Central Avenue. The easterly monument sign is 54 square feet in area and is located at a zero setback from the public right-of-way. (A variance is granted to reduce the setback in 1992.) The westerly sign is located internally on the site. Locating #he sign on the skyway will provide additional identification for the Medtronic facility. The identification would provide a greater site distance for those looking for the complex and associated access drives. C. That the strict application of the Chapter would constitute an unnecessary hardship. Denial of the variance would not prohibit Medtronic from installing additional signage on the building under the wall sign provisions of the Sign Code. Wall signs in other locations, however, may be deemed less effective by the petitioner. The width of the right-of-way on Central Avenue creates an adverse impact to sign placement, as supported by the variance granted in this location. . D. That the granting of the variance would not be materially detrimental to the public health, safety, or general welfare, or detrimental to the property in the vicinity or district in which the property is located. 10.04 Project Summary VAR #97-04, by Medtronic, lnc. Page 5 . Plaeing the sign on the skyway would not obstnact visibility #or traffic or pedestrians in the area. If lit, however, the sign could create an adverse impac# on nearby residential properties or the adjacent Locke Park facility. In order to reduce the impact from the sign on nearby residential and park properties and in order to eliminate the element of distraction for night drivers, the sign should not be lit. STAFF RECOMMENDATION TO THE APPEALS COMMISSION: This variance request is highly unusual due to the site's location and unique characteristics. Staff, therefore, recommends that the Appeals Commission recommend approval of the request to the City Council with the following stipulation: 1. The sign shall not be iiluminated. APPEALS COMMISSION ACTION: The Appeals commission voted 3-1 to recommend approval of the request to the City Council as recommended by staff. CITY COUNCIL RECOMMENDATION: Staff recommends that the City Council concur with the Appeals Commission action. 10.05 Attachment "B" REASON FOR VARIANCE AND HARDSHIP: We request a variance to install signage on our existing skyway structure which spans Central Avenue just north of County Road H. We believe a variance is wanented given the unique circumstance of a skyway to which current City Code may not be easily applied. We have recieved from the Anoka County Highway Department a License Agreement permitting the signage pending City of Fridley approval. See the attached drawing of the requested signage to be palced on the north and south faces of the skyway. , � �.�s 04/APR�17 '9? � 12=�4PM MEDTRONICrFACILITIES 612-5746188� DpT 10�A Jb�oi�a Csunry 8o�n! 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In Exl�tb� A(attoo��; ' NOW, TN6R6R�R�. 9� R Nli�OWLD thet the Moka Cainly Bs� et Con�nl�e�orwnt �'�"°�' `�10�'� ���Y �o�►aY �.r to proeeed to �utro �hs is�-ampl� �b�o�tp., ps�n�+K eaR�emenq or ee►nporarY eon,rtruarlon ea�emern. ova r.ld lendd In aaoon�.no. wtlh � Mlnn�sota 8cattnea. (�d►IDII A U on flle In th� Co�u�j� AdminievaUon dMla�a Commi�+lanen ���g, , Kord�k, McCwhy, MaC�ron �e�d Erh�rt votsd yes,• Motlan a�rrled. Re�alW�d�dsvsC �opt�d �+n,lseloner Lanp tnad� n+ciion enteAnA hno �n oQrssmene (c� Ni806� 1or �oh�np� C!t N�o,� 0(Cor�i�f � e��^°�Q a9f°°m�r+t wlth CM� �sraisprt�a++R 1�� ��esnt lo �+nlY �dmk�l�r'ator t0 �x� �� ��� tl1e dtakmul ot iha ooW1q► poud �nd � Ue�n ir�d I�AaJ►�Y• Ca�+�nnlafonw � �L wbject �o r�rbw by ths opt�n'Y �rr1► � fo MoCwf.y, McCancn� ��� �� �°OOnd.d th. �nadw+. Upon vofl ootl vauq Conw�alor�ses �� LahO� lanpbld and �hvt voted j�.� Mollan eaRbd. 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Ino.. ln th� amounl d S1.BA��� for Ih� compl�da� al CP 98•nm.ap, 1986 drWg� R�h�bllk�n Proo� (Can�q Moeoa�p, .�q.at b �w}.w b�► a,. oou�N �tttomey M to �orm �tna � ou �IoQaul� tf�e moUon. Upon rop aA vate� Co�nu,�la►ers Be� L,ar�p� Lan�lNd � ay� MeC�on v�d Kordtak ve� yp,• �,{p� w►led. � E+�R e' Cammlaaio+tiar l.ong�dd rtud� n�otlen Mokt Coe1�ly CommuMN Aotlon Dro� � k�o a leaa� �pnen+ent (�Con4s�( NYdoQ91) w1M� In 1Ne Cfly of Ga�eM� � �i lor tlw prop�ty IoeaNd �t 71Z1 MNn �� �dmin{airate�' Io �x�a�t� aald ���� 1he d�akm�n ol ffw oouny b0�td and Ih� ccund t��m�nt wb)ed to nv1�w hy q,o oou,Ky �tto�sy � eo lonn ar+d �p� ��'�°°1°^� B�ro b�nd�d � modon. Upot� roll oaq vea�. Conunlaelonur �� 6rhart MaC�,lq. trto�?arron. Ka.euak �nd �erg vot�d'�r��' Motlon aarr4d, �• 10. C.omnJ�alon�r Bet� ina,d� nrolion �nlrinp k�fo a lesas ayr.�n�M (Cornroet 1�e0632� widl Meka �� �O� �0A ��+�+ (ACC�1f� la th� prnPs�► foeetsd d�o?� Vudnp paiw�r�e In t!M Tawn.yhlp of li�rro �nd auM�ori�n9 t�e dtiJrm�n of d�e oourny booM �ntf !1� oo��rlp� dm{N�tittd eo eK�aM �eld ngtee+r��nC subJeet lo rwl�vv hy ths oounty attomy u to lonn and �— �----- _-- __. -.--._. . 10.07 Letter to the Fridley Appeats Commission Regarding Variance Request 97-04 21 April 1997 the need to advertise the business pursuits of the company by increased or conspicuously placed signage is thereby diminished. Considering its' imposing presence, outstanding efforts have been made integrate the Medtronic facility into this neighborhood, in keeping the campus visuaily attractive and compatible with the surroundings of the adjacent Rice Creek Regional Trail. In my opinion this sign request is contrary to that philosophy and for these reasons I request that the variance be denied. Respectfully, Richard Weispfenning 1310 - 69th Ave NE Fridley 10.08 Letter to the Fridley Appeals Commission Regarding Variance Request 97-04 21 April 1997 As a residential property owner in direct line of sight of the Medtronic skyway over Central Av., I am opposed to placing corporate signs over Central Ave. as outlined in the variance request (97-04) by Medtronic. Although I am the one resident most d'uectly affected, I believe the recommendation before the Appeals Commission should be based in the broader sense by how materially the proposed sign request benefits the company, the neighborhood and the community. These facts seem pertinent to the discussion: The proposed signs overhead on Central Ave. would be redundant. Medtronic already has signs of approximately 4 by 10 feet at the main entrance drives on each side of Central Ave. Both aze lighted at night and offer excellent visibility to tra$ic in both directions. One e�risting sign is less than 20 feet off of the roadwa.y giving ample time for awareness and leaving no question as to the identiTy of the building. The majority of visitors to Medtronic airive by motorcoach or various company :arranged means having drivers who know the location of their destinations without additional aids. Medtronic's needs for signage is different from those of many other businesses that might benefit from an increased visual presence. There are no product sales conducted on-site and 10.09 , , _, — �n,i�i i i i i i i i i _ ---a �- 3; �' �1 �_- �- T � - r �a R3 R� � �nm� M1 1 � § R�! � f +��K� � � ♦ � � i � N � �� : r�� � . � `� � � � emr: � r . . � �� ?� � r!►. ■ � , . �1■�r��l�� �MEK R �Y E �� ���: � t�1 - one Fan;y ur,its � R 2- Two Famly lkrts � �3 - Ga�al Mltiple Units � � - Nbbile Horr�e Parks PlA - Plarcied lJrtit De�eloprre�t o �-, -��►��►� o SZ - �� a�� � G1 - � �g� 0 G2 - Gener'al &si�ess 0 G3 - C�er'al ShoPP��9 � GR1- General Office � N}.� - Light Industrial 0 M.2 - Heavy Indstrial � NE3 - QAdoor Irrtensive Heavy Ind. - � - Railroads � p - Public Faalities o �� l =-J wa-�r-oF-wP,Y � � i � I i , � � { � � �y E. . - �.. � � � . � a M2r ;: lwIE�E fIYEK ■�■� �■��� � :: %� .- ,_ �.�`,. . �, . : �h'' •'' r =: • ���r�� � ` ;, a . Variance Request, VAR #07-04 This request, by Medtronic, 7000 Central Avenue, w�oul d allow the installation of a sigr on the skyway above Central Avenue. 10.10 R3 R3 � � ' , � ' P � � N A I 2/2f'�J97 so 0 5rnoasaooso � c«„�i� �,d �, fr«„ � � n� o� orrs� na. �o a�a zo�� nna� ��n�e date 1/27/56 together with all amend'ng orcfir� araes aciopted �d effedive as aF ?J17/97. �, The Ciry of Fridley has taken every effort to pro- , vide the most up-to-date irrfom�etion available. ', The data presented here is subjed to diarx�e. ', The Ciry of Fn�ey w+ll nd be respau�ble for � ��, �S a ��t� ��--- � � � � VAR ��97-04 Medtronic, Inc. 10.11 !`1AR 27 '97 02�BBPM MEDTRONIC FACILI i � � LJ � � � �- � J � • I .. . �. . . .. .�. ... � . . . . . . . . . . . e C�??",� rt � - � � � r � .� � :J VAR �� 9 7-04 Me tronic, I � � �� �� � � a � . .. . , , > � .� > , ��,�. , _� :. / ; 1 0� m� AVDQJE ........... ........ . . f � ,�J' i << r , € - �, r � / � 11 L !r':... „ ,._.....:' 1 ► � .f,'. , �:; , r � r�t , . � �� ; I i::� , r; , , � �:� � ► � � �!,� � , r �t� � , fI � � � �;!� � . � i:r � � ' 1'.:I ' , I;ii � � � I':I � • � r; � r c:i � � � � r � ;:'� � _, _, � 0 � � � � � a � � � n' � CITY OF FRIDLEY APPEALS COMMISSION MEETING, APRIL 23, 1997 ROLL CALL: Chairperson Kuechle called the April 23, 1997, Appea mmission meeting to order at 7:30 p. m. ROLL CALL: Members Present: Larry Kuechle, Ke os, Diane Savage, Teme Mau Members Absent: Carol Beauli�i ., Others Present: Michel cPherson, Planning Assistant Do Hagmann, Medtronic, inc. ndy & Rich Weispfenning, 1310 - 69"' Avenue N.E M TION ky�Ms. Mau, seconded by Ms. Savage, to approve the April 9, 1997, Appeals Commis,�ion minutes as written. UP N A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED E MOTION CARRfED UNANIMOUSLY. PUBLIC HEARING• CONSIDERATION OF VARIANCE REQUEST VAR #97-04 BY MEDTRONIC: Per Section 214.04.01 of the Fridley City Code, to allow a sign to be displayed above a public right-of-way on that part of the Southeast Quarter of Section 12, Township 30, Range 24, Anoka, Minnesota, except the westerly 50 feet thereof taken for Central Avenue also except that part taken for Minnesota Transfer Railway Company; subject to any portion taken for street purposes along north and south lines thereof, also subject to any easements of record, generally located at 7000 Central Avenue N.E. MOTION by Ms. Savage, seconded by Dr. Vos, to waive the �eading of the public hearing notice and to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:32 P.M. Ms. McPherson stated the request is for a sign variance by Medtronic to allow placement of a sign on the skyway above a County street, Central Avenue. The code prohibits placement of a permanent sign within the public right-of-way except those signs which may be governmental in natu�e. 10.13 APPEALS COMMISSION MEETING, APRIL 23, 1997 PAGE 2 Ms. McPherson stated the proposed sign as requested is 2.5 feet x 15 feet which totals 37.5 square fee#. The petitioner is proposing an illuminated sign. The original request did not indicate that the sign would be illuminated, but the petitioner has indicated they would like to have an illuminated sign. Ms. McPherson stated the Medtronic site is located at the intersection of 69th Avenue and Central Avenue. The site straddles both the west and east sides of Central Avenue. The property is zoned M-2, Heavy Industrial. There is R-1, Single Family, zoning to the south across 69th Avenue. There is public zoning, the Locke Park facility, which directly abuts the west campus of Medtronic. Also located to the north is R-3, General Multiple Family, which is separated by a small area of M-2, Heavy Industrial. Also located to the north of the site is the Onan facility which is also zoned M-2, Heavy Industrial. Ms. McPherson stated the property totals approximately 23 acres in area. The building itself is approximately 788,000 square feet of office, research, and manufacturing space. Ms. McPherson stated that, typically, when staff reviews a sign variance, four standards are established which must be proved by,the applicant prior to the Appeals Commission approving a variance to the sign code. These standards are as follows: A. That there are exceptional or extraordinary circumstances applicable to the property or to the intended use that do not apply generally to other properly in the same vicinity and district. Ms. McPherson stated that in this particular case, the site is unique in that there are no other skyways located in the City which are located above a public right-of-way. Minco has a skyway which connects its two plants; however, the property under the skyway at Minco was a right-of-way for 73rd Avenue which was vacated so the skyway is over privately owned land. The sign as proposed is 37.5 square feet in area. Medtronic does not have any other wall signs. B. That the variance is necessary for the preseniation and enjoyment of a substantial property right possessed by other property in the same vicinity and district, but which is denied the property in question. Ms. McPherson stated denial of the variance would not eliminate the opportunity for Medtronic to have additional signage. They could locate signs on the walls of the building. Medtronic currently has monument signs at both the east and west campus entrances; however, due to the size of the right-of-way on Central Avenue, there is a question as to the signs' effectiveness. The Appeals Commission and City Council granted a setback variance for one of the signs in 1992. Placing the proposed sign on the skyway would provide additional identification and would provide early identification for those people from out of town who may not be familiar with the Medtronic facility. 10.14 A►PPEA�S COMMISSION MEETING, APRIL 23, 1997 PAGE 3 C. That the strict application of the Chapter would constitute an unnecessary hardship. Ms. McPherson stated denial of the variance would not prohibit Medtronic from installing additional signage on the building under the wall sign provisions of the sign code. However, these signs may be deemed less effective by the petitioner and the width of the right-of-way on Central Avenue may pose an adverse impact on sign placement. D. That the granting of the variance would not be materially detrimental to the public health, safety, or welfare or detrimental to the property in the vicinity or district in which the property is located. Ms. McPherson stated the location of the sign would not cause obstruction of visibility for traffic or pedestrians in the area. Staff is recommending the sign not be lit because it could pose an adverse impact if it were lit. In addition, the size of the sign in relation to the building is relatively minimal when you look at the length of the skyway and the size of the sign. Ms. McPherson stated staff is recommending approval to the City Council of the sign variance request to allow a sign above the public right-of-way due to the site's location and its unique characteristics, with the following stipulation: 1. The sign shall not be illuminated. Dr. Vos asked if Medtronic could put up a large wall sign for the size of the building because the size of a wall sign is in relation to the size of the building. Ms. McPherson stated this is correct. The formula for a wall sign is the square root of the wall length multiplied by 15. Using a 100-foot wall as an example, the square root would be 10 multiplied by 15 would be 150 square feet. Ms. Mau asked that given the size that Medtronic could go to for a wall sign, would they need a variance to have such a sign lit? Ms. McPherson stated, no. If Medtronic chose to apply for a sign on the wall in accordance with what is allowed under the code, the City could not prohibit them from having a lighted sign. Ms. Savage stated the Appeals Commission has received a letter in opposition to the request. Have there been any other comments? Ms. McPherson stated that other than the letter, staff received a call inquiring about the request but that person did not express a negative or positive reaction to the request. Dr. Vos asked the distance from the skyway to the first resident. 10.15 APPEALS COMMISSION MEETING, APRIL 23, 1997 PAGE 4 Ms. McPherson stated she did not have that information. Ms. Savage asked that if the Appeals Commission recommended approval of the request, would #his matter go before the City Council. Ms. McPherson stated, yes. Mr. Hagmann stated he is the manager of real estate and facilities for Medtronic. Staff has done a very nice job of explaining the situation. Medtronic has grown and become a very large, multi-national company. This is their world headquarters and recognition is an important element. They have had some issues in the past with some people getting confused as to where they are. There has been discussion of a sign on the building. He thought a sign on the building would be somewhat hidden by the vegetation compared to a relatively subtle sign on the skywayl Ms. Savage asked if the petitioner was requesting a lit or unlit sign. Mr. Hagmann stated Medtronic would prefer a lit sign. Name recognition is important. Companies such as 3M and Honeywell have facilities with tit signs and that is the situation they would like to get. Dr. Vos asked if there was quite a bit of traffic in the evening or at night trying to locate the facility. Mr. Hagmann stated the vast majority of the traffic would be during the day. Mr. Kuechle asked if the sign was to strictly to dentify Medtronic with no arrows or anything showing directions. Mr. Hagmann stated this is correct. The proposed sign meets the corporate standards for their worldwide identity. They have over 100 faciiities around the world which would match that exactly. Mr. Kuechle asked if the company was looking at back lighting the sign. Mr. Hagmann stated they are proposing a relatively subtle backlit type of sign. Dr. Vos asked if the sign would be on one side or both sides of the skyway. Mr. Hagmann stated a sign would be placed on both sides of the skyway. Dr. Vos stated the request is then for 37.5 square feet of sign finrice. Ms. McPherson stated, yes. A previous question asked the distance to the residentiat area. She estimated the distance between the skyway and 69th Avenue using the 10.16 APPEALS COMMISSION MEETING, APRIL 23, 1997 PAGE 5 parking lot strip'rng, and she estimated that distance to be about 260 feet to the north side of the right-of-way as indicated on the drawing. Mr. Weispfenning stated he is the property owner at the comer of County Road H and Central Avenue. His property faces 69th Avenue and is in direct line of site with the Medtronic skyway. He sent the letter about his opposition to the placement of the sign on the skyway. He wanted to attend the meeting to become informed as well as make sure that everyone is exercising their diligence in challenging the need for this signage. They are in a sensitive location compared to many other people and do maintain a pretty synergistic relationship with Medtronic. They have been understanding of the needs of the residential area. He understands that they have done a lot of things with their buildings to be certain that it blends in well with the community. Mr. Weispfenning stated his position was that he did not feel the sign would aid in locating the building for most people because it is a fairly large, three-block long building and very difficult to miss if in the vicinity and before you would see the sign anyway. He has concerns about the possibility of the sign being lit, adding to a fairly high average overall intensity of the light due to the major intersection. Mr. Weispfenning stated he still opposes the request; however, he concurs with the Appeals Commission's recommendation that lighting of such a sign would be more than he would like to see happen. After seeing the drawings, the sign in total square footage, its exposure from their house and site lines, it would not be as detrimental as he thought at first. His opinion has been moderated somewhat by the information presented. He would like to be certain that the recommendation that goes forward to the City Council takes into account the fact that it is a little unusual to place a sign over a public right-of- way. He would prefer this to placing a larger lit sign directly o�to the building within their site line. Mr. Weispfenning stated, in the final analysis, he would like to say that he was initi II opposed to this but now is still somewhat opposed but he would be willing to listen to any moderation to the proposal by Medtronic. He would be willing to listen to any negotiations. Dr. Vos asked if they can have a lit sign over a public right-of-way. Ms. McPherson stated the sign code states no signs at all in the public right-of-way. Ms. Mau stated she would imagine this sign if lit would look like some of the new street signs. Mr. Hagmann stated their lit signs have a white background and that portion would be backlit. The lettering would be either a dark blue or black. It would be similarly backlit like the monument signs that they have at their Columbia Heights facility. 10.17 APPEALS COMMISSION MEETING, APRIL 23, �1997 PAGE 6 Mr. Kuechie asked if there would be any light coming through the letters themselves. Mr. Hagmann stated, no. MOTION by Ms. Savage, seconded by Ms. Mau, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:53 P.M. Ms. Savage stated she has some reservations about this. This is a park area which is one thing that bothers her. She is concemed about the precedent they could be setting by allowing this sign. Everyone knows where Medtronic is and she did not see a great need for the sign. She is opposed to a tit sign. It may be less polluting to have this sign rather than a wall sign. It is her position that the City should try to reduce the pollution of signs as much as possible. She is very concemed about allowing a variance like this and setting a precedent. Dr. Vos stated he had a personal experience trying to have about 180 teachers finding the Medtronic training facility. They lost a bus with 80 people who could not find Medtronic in Fridley, and they went under the skyway finrice. They drove past by the signs. They saw Onan in the distance and thought it was ali one complex. He did not know if the sign would have helped the bus driver, who was from Fridley. He knows it isn't that easy to find Medtronic if you have not been there. The magnitude of the sign is 37.5 square feet times 2 which is below the minimum allowed for a typical sign request. He used this example to try to determine a scale. It will not have letters that are that are 6 feet in height and 120 feet across. He has no reservation about the sign but he would include the stipulation that the sign not be lit. Ms. Mau stated they are entering into a new area, and she agreed with the precedent issue. There is the chance tha# there will be other skyways built in Fridley. That is a consideration that we have to look at. We have to look at the fact that Medtronic is becoming and has been a global company for a while. She agreed that it is hard to find Medtronic coming from certain directions. When you are undemeath the skyway, it is hard to find the parking lot. Medtronic has always made a positive impact in the community. They have gone out of their way to have vegetation and landscaping. Their buildings alone are positive on that stretch of road. She believed the proposed sign would have less impact on the area than a wall sign. She thought it was a small thing to put those on the skyway. She agreed to recommend approval but she would not want the sign to be lit. Mr. Kuechle stated he believed Medtronic has done an outstanding job trying to make the transition from park area to the M-2 district. He did not wa�t to penalize them because they are next to a park when they have done a good job about protecting that park. The sign is less obtrusive, but it is difficult to see those buildings because of the park and trees. He can understand the desire to have the signs lit. To him, it is not a real clear 10.18 APPEAL� COMMISSION MEETING APRIL 23, 1997 PAGE 7 issue. He can understand the residents not wanting more visual pollution, although he believed the sign design would provide a very minimal amount of additional lighting to the area. It is more a matte� of the aesthetics of the lighting on the sign. The parking area is lit, and Onan's parking area is lit. Whether the sign is lit or not, he did not think it would be measurable or even noticeable. Perhaps a compromise would be to have the sign not lit from 10:00 p.m. to 5:00 a.m., for example. Days are fairly short here during the wintertime, and he can understand Medtronic wanting the sign lit beyond 4:30 p.m. or whenever it gets dark until 8:00 p.m. He did not see a real need to have the sign lit during the late evening and early moming hours. M TI N by Ms. Savage, seconded by Ms. Mau, to enter into the public record the letter from Mr. Weispfenning dated April 21, 1997, regarding his opposition to Variance Request #97-04. � UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Dr. Vos, seconded by Ms. Mau, to recommend approval of Variance Request, VAR #97-04, by Medtronic, to allow a sign to be displayed above a public right- of-way on that part of the Southeast Quarter of Section 12, Township 30, Range 24, Anoka, Minnesota, except the westerly 50 feet thereof taken for Central Avenue also except that part taken for Minnesota Transfer Railway Company; subject to any portion taken for street purposes along north and south lines thereof, also subject to any easements of record, generally located at 7000 Central Avenue N.E., with the following stipulation: 1. The sign shall not be illuminated. UPON A VOICE VOTE, WITH MS. MAU, DR. VOS AND MR. KUECHLE VOTING AYE, AND MS. SAVAGE ABSTAINING, CHAIRPERSON DECLARED THE MOTION CARRIED BY MAJORITY VOTE. Ms. Savage stated she abstained from voting for reasons stated previously. Ms. McPherson stated the City Council would consider this request on May 5. 1997. Ms. McPherson provided an update on P ning Commission and City Council actions. ADJOURNMENT: MOTION by Ms. Savage, conded by Dr. Vos, to adjourn the meeting. 10.19