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02/08/1999 - 4641�;,;::, V ' r 0 d �"' +:�� "M OFFICIAL CITY CITY COUNCIL AGENDA CITY COUNCIL MEETING FEBRUARY 8,1999 �� � Fwa FRIDLEY CITY COIINCIL MEETING ATTENDENCE SHEET Mov�day, Febnua�r-y �, 1999 7:30 P.M. PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN PRINT NAME (CLEARLY) ITEM NUMBER ADDRESS r � QTY OF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 8,1999 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, mazital status, sexual orientation or status with regazd to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE. APPROVAL OF MINUTES: City Council Meeting of January 25, 1999 APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS: Second Reading of an Ordinance Recodifying the Fridley City Code, Chapter 205, Entitled "Zoning," by Amending Sections 205.07.01.C.(4), 205.08.01.C.(4), 205.09.01.C.(3), and 205.10.01.C.(4), to Allow, by Special Use Permit, Daycare Facilities on Properties that Exceed 12,000 Square Feet in the R-1, Single Family District; R-2, Two Family District; R-3, General Multiple Unit District; and R-4, Mobile HomePark District ............................................................................ 1.01 - 1.39 ., � : '! FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 8, 1999 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: Approve Official Summary Ordinance for Zoning Text Amendment, ZTA #98-03 to Allow Daycare Facilities in an Expanded Number of Locations...................................................................................... 2.01 - 2.03 Approve an Amendment to the Comprehensive Sign Plan for Holiday Companies (Holiday Complex at 240-250 57th Avenue N.E.) (Ward 3) .............................................:......................................... 3.01 - 3.25 Approve Extension of Special Use Permit, SP #98-01 and Variance Request, VAR #98-03 by Holiday Companies to " Construct a New Holiday Stationstore, , Generally Located at 242 - 57th Avenue N.E. (Ward 3) ...........................................................................:......:.... 4:01 - 4.02 Approve Flood Hazard Mitigation Grant Agreement befinreen the State of Minnesota andthe City of Fridley ..................................................................... 5.01 - 5.08 Receive Proposals and Award Contract for the Purchase of a 2'/z Yard All-Wheel Drive Articulating Loader ................................................................. 6.01 - 6.02 � . . _ .. k�����,ti�'�- � � �` FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 8, 1999 � atr oF The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatrnent, or employment � 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 disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance: (TTD/572-3534) PLEDGE OF ALLEGIANCE. APPROVAL OF MINUTES: City Council Meeting of January 25, 1999 J APPROVAL OF PROPOSED CONSENT AGENDA: � �' � OLD BUSINESS: � `� Second Reading of an Ordinance Recodifying � the Fridley City Code, Chapter 205, Entitled "Zoning," by Amending Sections 205.07.01.C.(4), 205.08.01.C.(4), 205.09.01.C.(3), and 205.10.01.C.(4), to Allow, by Special Use Permit, Daycare Facilities on Properties that Exceed 12,000 Square Feet in the R-1, Single Family District; R-2, Two Family District; R-3, General Multiple Unit District; and R-4, Mobile Home Park District ................................... 1.01 -1.39 �C NEW BUSINESS: � � � Approve Official Summary Ordinance � for Zoning Text Amendment, � ZTA #98-03 to Allow Daycare Facilities in an Expanded Number of Locations ................................... 2.01 - 2.03 Approve an Amendment to the Comprehensive Sign Plan for Holiday Companies (Holiday Complex at 240-250 57`� Avenue N.E.) (Ward 3) ................................... 3.01 - 3.�5 �� APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): Approve Extension of Special Use Permit, SP #98-01 and Variance Request, VAR #98-03 by Holiday Companies to Construct a New Holiday Stationstore, Generally Located at 242 - 57�' Avenue N.E. (Ward 3} ................................... 4.01 - 4.02 Approve Flood Hazard Mitigation Grant Agreement between the State of Minnesota and the City of Fridley ........................... 5.01 - 5.08 Receive Proposals and Award Contract for the Purchase of a 2'/Z Yard All-Wheel Drive Rrticulat�ng Loader ....................... 6.01 - 6.02 Approve Change Order No. 3 to 57�' Avenue Project No. ST. 1997 - 4.......... 7.01 - 7.04 Motion Authorizing the City Manager to Enter into Negotiations with E.T.C. for the Purchase of Equipment and Furnishings, Including, but not Limited to, the Studio Curtain ............................ 8.01 _ •. •. ,� •� � FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 8, 1999 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: NEW BUSINESS (CONTINUEDI: Resolution Approving and Adopting the 1�/ 1999 Community Development Block � Appointments: City Employees ................. 9.01 Grant Program ................................. 15.01 - 15.04 Claims Licenses Estimates ........................... 10.01 � � ................................... 11.01 - 11.03 �/ .................................12.01 ADOPTION OF AGENDA. OPEN FORUM. VISITORS: (Consideration of Items not on Agenda -15 Minutes) PUBLIC HEARINGS: Local Law Enforcement Block Grant ........... 13.01 - 13.05 / . 1999 Community Development Block Grant Program .................................. 14.01 - 14.06 f Informal Status Reports ............................... 16.01 ADJOURN. 0 . 0 0 FRIDLFY riTV r_ni iu��� �AGGTI�In .,� .-��.,....... .. - - ••••. ..� � �.ur�vru� r o, � ��� PAGE 3 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUE �_ Approve Change Order No. 3 to 57�' Avenue Project No. ST. 1997 - 4 .................................................... 7.01 - 7.04 Motion Authorizing the City Manager to Enter into Negotiations with E.T.C. for the Purchase of Equipment and Furnishings, Including, but not Limited to, the Studio Curtain ...................................................................... 8.01 Appointments: City Employees ...................................................... 9.01 Claims............................................:.......................................... 10.01 Licenses....................................................................................... 11.01 - 11.03 Estimates....................................................................................... 12.01 co�n� cv riTV rn� i��_11 MFFTWC: C1F FFRRl1ARY S_ 1999 PAGE 4 ADOPTION OF AGENDA. OPEN FORUM. VISITORS: (Consideration of Items not on Agenda - 15 Minutes) PUBLIC HEARINGS: Locai Law Enforcement Block Grant .................................................... 13.01 - 13.05 1999 Community Development Block GrantProgram ..................................................................................... 14.01 - 14.06 NEW BUSINESS: Resolution Approving and Adopting the 1999 Community Development Block GrantProgram ..................................................................................... 15.01 - 15.04 Informal Status Reports ....................................................................... 16.01 ADJOURN. �» . . . � � THE MINUTES OF THE FRIDLEY CITY COUNCIL MEETING �F JANUARY 25,1999 � 0 TAE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF JANUARY 25, 1999 The Regular Meeting of the Fridley City Council was called to order by Mayor Jorgenson at 7:30 p.m. PLEDGE OF ALLEGIANCE: Mayor Jorgenson led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor 7orgenson, Councilmember Barnette, Councilmember Billings, Councilmember Woife, and Councilmember Bolkcom MEMBERS ABSENT: None APPROVAL OF MINUTES: Regular Citv Council N�eeting of Januarv 4, 1999: � MOTION by Councilmember Bolkcom to approve the minutes of the Regular City Council Meeting of January 4, 1999 as presented in writing. Seconded by Counciimember Billings. " UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: 1. RECEIVE THE PLANN�NG COMMISSION MINUTES OF JANUARY 6, 1999: RE+CEIVED PLANNING COMMISSION MINUTES OF JANUARY 6, 1999. 2. REPLAT, P S#98-04, BY N G NELSON, ONAN CORPORATION, TO REPLAT PROPERTY TO ACCOMMODATE TRE DEVELOPMENT OF A WARE- HOUSING FACILITY GENERALLY LOCATED AT 1400 73RD AVENUE N.E. (WARD 3): THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR COUNCIL AGENDA, FOLLOWING ITEM 22. � 0 FRIDLEY CITY COUNCIL MEETING OF JANUARY 25. 1999 PAGE 2 3. PLAT, P.S. #98-05, BY DAVE CARLAND, CSM PROPERTIES, INC. TO REPLAT PROPERTY FOR THE DEVELOPMENT OF VACANT LAND, GENERALLY LOCATED ON NORTHCO DRIVE AND 73RD AVENUE N.E. �WARD 1): THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON TFIE REGULAR COUNCIL AGENDA, FOLLOWING ITEM 22. 4. VARiANCE REOUEST, VAR #98-40, BY WiLLARD AND DONNA JOHNSON, TO ALLOW THE STORAGE OF A TRAVEL TRAiLER ON A BLACKTOP DRIVEWAY iN THE FRONT YARD RATAER TAAN IN TAE SiDE OR REAR YARD, GENERALLY LOCATED AT 5G0 FAIRMONT STREET N.E. (WARD 3): THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR COUNC[L AGENDA, FOLLOWING ITEM 22. 5. RECEiVE PROPOSALS AND AWARD CONTRACT FOR CURBSiDE _ RECYCLING SERVICES: r Mr. Burns, City Manager, stated that the City recently solicited proposals for curbside recycling services. Two proposals were received; one from the City's current contractor, Waste Management, and one from Browning Ferris Industries (BFI). He noted that while the Waste Management proposal included a lower per household cost and a lower overall " cost, staff recommended that Council award the contract to BFI. This recommendation was based mainly on the City's poor experience with Waste Management over the last two _ years as well as very positive recommendations of other communities that are currently using BFI. Staff recommended that Council authorize them to negotiate a three-year contract with BFI. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA, FOLLOWING ITEM 22. 6. APPROVE CHANGE ORDER NO. 3 FOR THE FRTDLEY COMMUNITY CENTER LOWER LEVEL PROJECT NO. 319: Mr. Burns, City Manager, stated that this change order provides $1,113 to change the location of a ballet rail in the dance floor area of the lower level. The rail was shown in r the specifications in a location where it would have divided the dance floor area from the remainder of the lower level. Subsequently, it was installed but it was replaced with a _ different rail attached to the wall. Staflf' recommended Council approval of the change order. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR COUNCIL AGENDA, FOLLOWING ITEM 22. FRTDLEY CITY COUNCIL MEETING OF JANUARY 25, 1999 PAGE 3 � 7. RECEIVE BTD AND AWARD CONTRACT FOR UPGRADE OF TAE CITY OF ' FRiDLEY'S WATER AND SEWER SCADA SYSTEM: Mr. Burns, City Manager, explained that staff recently advertised for and received bids for the upgrading of the City's SCADA system. SCADA is the computer system that records and coordinates the operation of our water, sewer and storm sewer systems. The upgrade would make the existing system Year 2000 compliant. It would also tie in the sewer and storm sewer lift stations to the existing system. The $184,375 contract to Automatic Systems Company of Roseville would include both additional hardware and software. THIS ITENI WAS RENiOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR COUNCIL AGENDA, FOLLOWING ITEM 22. 8. APPROVE MEMORANDUM OF UNDERSTANDING WITA TAE ANOKA COUNTY CONSERVAT[ON DiSTRTCT FOR WETLAND CONSERVATION ACT REiMBURSEMENT: Mr. Burns, City Manager, explained that this agreement would enable the City to receive portions of Anoka County's Block Grant for administerinJ the Wetland Conservation Act. This year, Fridley expects to receive $197. APPROVED MEMORANDUM OF UNDERSTANDING WITH THE ANOKA � COUNTY CONSERVATION DiSTRICT FOR WETLAND CONSERVATION ACT REiNiBURSEMENT. 9. RESOLUTION NO 10-1999, ORDERING IMPROVEMENT, APPROVAL OF PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BiDS• STREET IMPROVEMENT PROJECT NO. ST. 1999-�0 (SEALCOAT): Mr. Burns, City Manager, noted that the 1999 sealcoating program is planned for areas north of Osborne Road and west of University Avenue, excluding the area to be covered by the Riverview Heights Street Improvement Project: It would also cover Melody Manor and a small area south of 73`d Avenue. The City has budgeted $160,000 in the General Capital Improvements Budget for this purpose. APPROVED ADOPTiON OF RESOLUTION NO. 10-1999, ORDERING IMPROVEMENT, APPROVAL OF PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS: STREET IMPROVMENT PROJECT NO. ST. 1999-10 (SEALCOAT). G FRIDLEY CITY COUNCIL MEETING OF JANUARY 25. 1999 PAGE 4 10. RESOLUTION NO. 11-1999. ORDERiNG ADVERTISEMENT FOR BIDS: 1999 — REMOVAL AND REPLACEMENT OF MISCELLANEOUS CONCRETE CURB AND GUTTER AND SiDEWALK PROJECT NO. 322: Mr. Burns, City Manager, explained that this program would cover remedial sidewalk, curb and gutter repair that may occur as a result of utility repairs or driveway entrance permits. The bids received would be defined in unit terms. APPROVED ADOPTION OF RESOLUTION NO. 11-1999, ORDERING ADVERTISEMENT FOR BIDS: 1999 — REMOVAL AND REPLACEMENT OF MISCELLANEOUS CONCRETE CURB AND GUTTER AND SIDEWALK PROJECT NO. 322. i l. RESOLUTION NO. 12-1999. ORDERiNG iMPROVEMENT, APPROVAL OF PLANS AND ORDERING ADVERTISEMENT FOR BIDS: SANITARY AND � STORNI SEWER REPAIR PROJECT NO. 320: Mr. Burns, City Manager, stated that this 1999 project includes lining of 3,317 feet of 12- � inch sanitary sewer on portions of Madison Street and 68`�' Avenue. It would also include 314 feet of 10-inch sanitary sewer that connects to the sewer on 68`h Avenue and runs beneath Highway 65. APPROVED ADOPT(OI� OF RESOLUTiON NO. 12-1999, ORDERING " iMRPOVEIVIENT, APPROVAL OF PLANS AND ORDERING ADVERTISE- MENT FOR BIDS: SANiTARY AND STORM SEWER REPAIR PROJECT NO. . 320. 12. RESOLU_TION NO. 13-1999, AUTHORiZING THE ISSUANCE OF $2,140,000 IN COMMERCIAL DEVELOPNiENT REVENUE BONDS (COLUMBiA PARK PROPERTiES): Mr. Burns, City Manager, noted that this resolution would replace commercial development revenue bonds previously issued for Columbia Park Properties in 1992. This would be the second refinancing of bonds for Columbia Park Properties. The resolution has been prepared by Columbia Park's bond council and reviewed by the City's bond council. All costs incurred by the City would be reimbursed. He noted that the City was simply the conduit for these bonds and not a guarantor. APPROVED ADOPTION OF RESOLUTION NO. 13-1999, AUTHOWZING THE � �SSUANCE OF COMMERCIAL DEVELOPMENT REVENUE BONDS (COLUMB[A PARK PROPERTIES). FRiDLEY CITY COUNCiL MEETING OF JANUARY 25 1999 PAGE 5 13. RESOLUTION NO. 14-1999, AUTHORiZING SIGNING AN AGREEMENT FOR CERTAiN EMPLOYEES REPRESENTED BY INTERNATIONAL UNION OF OPERATiNG ENGINEERS, LOCAL NO. 49, AFL-CIO (PUBLIC WORKS MAiNTENANCE) FOR 1999 AND 2000: Mr. Burns, City Manager, explained that this agreement was with the International Union of Operating Engineers, Local Union #49. It provided for the same benefits as afforded to other employees except that it does provide for a five percent cost of living adjustment in 1999. After reviewing wage survey data, staff concluded that wages for Fridley's Public Works employees were below the average for similar employees in other cities. Staff also concluded that in order to attract and keep good employees in a very competitive labor market, competitive wages need to be paid. Therefore, staff recommended that this group be given a higher wage adjustment than the three percent that was provided for other employee groups.. The contract was a two-year contract and provided for a three percent wage increase in the second year. ,� APPROVED ADOPTION OF RESOLUTION NO. 14-1999, AUTHORiZING SIGNING AN AGR.EEMENT FOR CERTAIN EMPLOYEES REPRESENTED BY INTERNAT[ONAL UN�ON OF OPERATING ENGiNEERS, LOCAL NO. 49, AFL-Cf0 (PUBL[C WORKS MAINTENANCE) FOR 1999 AND 2000. 14. 15. .� . RESOLUTfON NO. 15-1999, AUTHORIZING A CHANGE IN MiLEAGE REiNiBURSEMENT RATES FOR THE 1999 CALENDAR YEAR: Mr. Burns, City Manager, stated that staff recommended that the City's mileage reimbursement rate be lowered from $0.325 per mile to $0.310 per mile. It would be in keeping with a recent IRS action and presumably reflects reduced costs for fuel. APPROVED ADOPTION OF RESOLUTION NO. 15-1999, AUTHOR�ZING A CHANGE IN MILEAGE REIMBURSEMENT RATES FOR THE 1999 CALENDAR YEAR. RESOLUTiON NO. 16-1999, APPO�NTiNG A YEAR 2000 PROJECT COORDTNATOR: Mr. Burns, City Manager, explained that the official appointment of a YZK Coordinator is in response to the League of Minnesota Cities recommendations and requirements for additional Y2K liability coverage. He asked that Council appoint him to this position. APPROVED ADOPTION OF RESOLUTION NO. 16-1999, APPOINTING WILLIAM W. BURNS TO SERVE AS THE CITY'S YEAR 2000 PROJECT COORDiNATOR. FRIDLEY CiTY COUNCIL MEETING OF JANUARY 25, 1999 PAGE 6 16. APPROVE AGREEMENT FOR LEGAL SERVICES BETWEEN THE CITY OF FRiDLEY AND NEWQUiST & EKSTRUM, CHARTERED, AND CARL J. NEWQUIST: Mr. Burns, City Manager, stated staff recommended that Carl Newquist be appointed for another three-year term as the City's Prosecuting Attorney. The contract would run through the year 2001. Mr. Newquist's hourly rate would rise from $75 per hour to $80 per hour under the terms of the contract. All other terms would remain the same. Staff surveyed other cities and found the contract price was equitable. APPROVED AGREEMENT FOR LEGAL SERVICES BETWEEN TFIE CITY OF FRIDLEY AND NEWQUIST & EKSTRUM, CHARTERED, AND CARL J. NEWQUIST. 17. APPOiNTNTENT: CITY EMPLOYEE: " Mr. Burns, City Manager, stated that staff recommended the appointment of Juliana Vogel w- as the City's new Staff Accountant to replace Craig Ellestad who moved to the other accountant position. He noted that Julie has a Bachelor's of Science Degree in Accounting from the University of Minnesota-Duluth and has most recently worked as Senior-in-Charge Auditor with Larson, Allen & Weishair. She also worked for more than eleven years as a local auditor for the Office of the State Auditor. Julie is a licensed Certified Public Accountant. � APPROVED THE APPOINTMENT OF JULiANA VOGEL TO THE POSITION OF STAFF ACCOU1VTAl�T WITH THE CITY OF FRIDLEY. 18. CLAIMS: APPROVED PAYMENT OF CLAIM NOS. 84919 THROUGH 85257. 19. LiCENSES: APPROVED LICENSES AS SUBMITTED. 20. ESIMATES: APPROVED ESTIMATES AS FOLLOWS: 0 Newquist & Ekstrum, Chartered 6401 University Avenue N.E. 301 Fridley Plaza Office Buildina Fridley, MN 55432 .� . 0 FRiDLEY CITY COUNCIL MEETING OF JANUARY 25, 1999 PAGE 7 Services Rendered as City Prosecuting Attorney for the Month of October 1998 $15,966.25 Councilmember Bolkcom asked that Items 2, 3, 4, 5, 6 and 7 be removed from the consent agenda. MOTION by Councilmember Barnette to approve the consent agenda, without Items 2, 3, 4, 5, 6, and 7. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTiON OF AGENDA: - Mayor Jorgenson su�gested that Items 2, 3, 4, 5, 6 and 7 be placed on the regular council agenda, immediately following Item 22. 0 0 MOTION by Councilmember Bolkcom to approve the adoption of the agenda AS AMENDED. Seconded by Counciimember Barnette. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DELCARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM. VISiTORS: Mr. Jack Velin, Mr. Arlo Schweikert, Mr. Bill Larson, and Mr. Virgil Haugen were present from the Fridley American Le�ion #303 to present a check to Mr. Scott Lund, Chairman of the 50�' Anniversary Task Force Committee in the amount of $10,000. Mr. Lund, on behalf of the 50`h Anniversary Task Force Committee, expressed his deep appreciation for the generous contribution. He noted that a significant portion of these funds would be put toward six monument signs on the major street corridors welcoming people into the City of Fridley. The American Legion was planning to sponsor an essay contest titled "Why I Like to Live in Fridley" for the younger residents of Fridley. A monetary prize will be awarded. Mr. Lund provided information with regard to other planned events scheduled in 1999, noting that information with regard to these events would be available in Focus News and the City ' newsletter. He again thanked the American Legion for their contribution to this event. Councilmember Barnette noted that a Fridley All-School Reunion was being planned. Up-to-date class lists were being sought for all forty graduating classes. He noted that these lists could be sent to the Municipal Center. Mayor Jorgenson informed residents that the National Commander was planning to be at the Fridley American Legion on Sunday, January 31 at 1:30 p.m. Lunch was to be served, and reservations were required. � 0 FRiDLEY _CITY COUIVCIL MEETING OF JANUARY 25, 1999 PAGE 8 Mayor Jorgenson noted that a large number of youth were present from the Spring Lake Park High School political science class. She welcomed them. OLD BUSINESS: 21. VARIANCE REOUEST, VAR #98-34, BY SPIKERS GRILLE AND BEACHCLUB, TO iNCREASE THE MAXiMUM HEiGftT OF A SIGN TO 50 FEET, THE MAXTMUM SIZE TO 200 FEET, AND TO PLACE A FREE STANDiNG STGN ON AN ENTRY DRiVE, GENERALLY LOCATED AT 7651 CENTRAL AVENUE N.E. (WARD 2) (TABLED JANUARY 4, 1999): Mr. Hickok, Planning Coordinator, noted that this item was tabled at the January 4, 1999 City Council meeting, where Council directed staff to meet with the petitioners on site and further evaluate the situation to provide additional information to Council about the hardship claimed by the petitioner and the sign sizes being discussed. Y Mr. Hickok provided photo�raphs of a field exercise illustrating signage from various distances ." and various directions. This exercise was provided to depict how visible si�nage would be from various areas and to clarify the petitioner's request for variances. Mr. Hickok aiso provided photographs of other similar properties with similar conditions such as Sam's Club, Bachman's, Crysteel, Menards and the Moose Club. � To further illustrate the desire of Council to maintain some type of sign code, Mr. Hickok provided photographs of nearby communities whose signage created an obscurement, thereby making any one sign difficult to read, while traveling at a higher rate of speed. Mr. Hickok noted that the petitioner does not meet the criteria required by the sign code to grant the variance for size or height. Therefore, staff recommended that the signage be limited to 80 square feet, with a 25-foot maximum height, which they believed was adequately visible for persons traveling along Highway 65. The location next to the driveway appeared to be the optimal on-site location for a sign of this size. He noted that staff believed rooftop sign would be a preferred type of sijn for this site. Rooftop signs are allowed to replace a free standing sign. It gives the height and visibility in addition to eliminating the variance for a pylon sign. Mayor Jorgenson stated that the driveway IeadinJ to Spikers is located on a frontage road and that she has noted that patrons apparently do not realize this and are not yielding to those on the frontage road. She asked if there was a way to address this issue, perhaps by providing a stop sign at the end of the driveway. Mr. Hickok noted that this could be mentioned to the Public Works Department to see what options are viable. Councilmember Billin�s inquired about the photograph with the overlay of a rooftop sign, which had been presented. He asked if the example was an accurate illustration of the size of the sign in relation to the size of the building. Mr. Hickok responded that the illustration was merely to show where the signage could be placed and that it was far larger than what would be allowed by __ � i �� FRIDLEY C[TY COUNCIL MEETING OF JANUARY 25. 1999 PAGE 9 code. He noted that the backdrop for rooftop signage would be the screening for the mechanical equipment. They could utilize the maximum 80 square feet of signage as they wish. Neon banding would be allowed across the rooftop screening without being considered as part of their signage. He noted that there were no other signs of the rooftop height in th�t location. Councilmember Wolfe stated it was his understanding that Council would possibly look at some type of compromise between the height requested in the variance request and the height allowed under the sign code. A compromise in height (37.5 feet) appears to him to be more visible than the 25-foot height allowed. Councilmember Bolkcom stated that she did not feel the pictures reflected a substantial visual difference. Mayor Jorgenson stated that she was concerned that approving this variance would set a ' precedent in the community. . Councilmember Wolfe stated that he felt the location of the property made it a unique situation. Councilmember Bolkcom noted that the petitioner was aware of the City's sijn code from the beginning. She felt that approving this ordinance would set a precedent, and it would create too much visual clutter. She was not able to see the hardship, as there are other options for them. Councilmember Barnette asked if there were provisions in the City Code to allow for a smaller directional sign on Osborne Road to direct patrons to the site. Mr. Hickok stated there were no provisions for sijns located off site; however, there was a provision for informational signage on site. An internally lit four square foot entrance sign couid be placed on the property. Mayor Jorgenson asked if the rooftop sign on Old Country Buffet was comparable to a rooftop sign for Spikers. Mr. Hickok noted that it would be very similar and would use the rooftop screening as a backdrop for the sign. Mayor Jorgenson noted that the rooftop air conditioner units on the Spikers building were very visible from Highway 65. She felt that with some illumination the sign would be very visible. Councilmember Billings found this location to 6e significantly different than most or all of the examples provided by staff. Almost all of the other examples have direct frontage on a frontage . road without the obstruction of buildings directly in front of them. He found this site different and felt that this situation did meet the hardship requirements. He was be willing to look at some type of variance. Even with an 80-square foot sign on the rooftop, he felt it would not be � sufficient. Mayor Jorgenson stated that she felt a rooftop sign would be adequate and would provide them with the best advantage. Councilmember Billings stated that he believed the rooftop signage for Old Country Buffet was considerably larger than what would be allowable for the Spikers property, as it was FRf DLEY CITY COUNCIL MEETiNG OF JANUARY 25, 1999 PAGE 10 grandfathered in prior to the existing sign ordinance. He was willing to consider something ` I similar in size to the signage of Old Country Buffet. Councilmember Wolfe stated he felt that an 80 sc�uare foot sign, set back 120 feet, would not provide adequate visibility. Councilmember Bolkcom stated that she may be willing to consider a rooftop sign with the possibility of a smaller si�n also located in the driveway area with a height not exceeding 25 feet. Mr. Pat Pelstring, Spikers Grille & Beachclub, stated that he believed the main problem for their customers was in finding the entrance to their property. He noted that visibility would be different in the spring and summer months than what the photographs show now, as the trees would have foliage and thus create a greater visibility problem. The property is unique in that it is removed from the frontage road, removed from the highway and does not have a direct access from the frontage road. The unique location of the property thus generates a hardship. If they " were to utilize a rooftop si�n, he felt they would need in excess of a 200 square foot sign. This, however, would not help identify the entrance to the property, which, again, is a concern. , Mr. Pelstring noted that they could agree to reduce the request from 200 square feet to 80 square feet, provided that Council a�reed to increase the allowable height from 25 feet to 40 feet (to the top of the sign). MOTION by Councilmember Billings to approve that portion of sign variance #98-34 to modify _ the maximum height of from 25 feet to 40 feet. Seconded by Councilmember Wolfe. Councilmember Billings stated he felt this was a compromise, which would be the least harmful to the City in terms of the si;n ordinance. ' Councilmember Barnette stated that he went to the groundbreaking and voiced his concerns about the potential difficulty in adequately identifying the facility. At that time a representative of Spikers assured him that their facility was unique and that they would have a developed clientele. He asked what their plans would be if the variance was denied. Mr. Pelstring stated that they have not made any alternative decisions. They were reluctant to pursue the rooftop sign, as they did not feel the 80 square foot limit was anywhere close to the size that they felt was acceptable. Councilmember Bolkcom asked if a lar�er rooftop sijn had been approved in the past. . Mr. Hickok responded that no larger signs had been approved for rooftops. Mayor Jorgenson asked what the maximum height variance was, which had been allowed in the past. Mr. Hickok stated that he did not believe the City had granted any height variances after the current sign � ordinance was put into place. In certain instances, larger si;ns have been approved for properties where there were two users where a second free standing sign has been given up in exchange. Additionally, the City has approved IarJer signs in cases where the original sign far exceeded the limits and the petitioner was installin; new si�nage. � FRIDLEY CITY COUNCIL NIEETING OF JANUARY 25 1999 PAGE 11 UPON A VOICE VOTE, COUNCILMEMBERS BARNETTE, BII.LINGS, AND WOLFE VOTED AYE AND MAYOR JORGENSON AND COUNCILMEMBER BOLKCOM VOTED NAY. MAYOR JORGENSON DECLARED THE MOTION CARRIED. 22. APPROVE PROPOSED 1999 AGREEMENT BETWEEN TAE CITY OF FRTDLEY AND THE E.T.C. FRiDLEY COMMUNICiATiONS WORKSAOP. INCORPORATED (E.T C CAANNEL 33) (TABLED JANUARY 4. 1999)• Mayor Jorgenson explained that this item was tabled at the January 4, 1999 City Council meeting. E.T.C. met with staff and members of the City Council at the last Council conference session and provided additional information as requested. Councilmember Barnette stated it was his understanding that some of the board members of _ E.T.C. were getting paid; however, the information submitted to staffindicated differently. A representative of E.T.C., Larry Hutchinson, stated that no board members were getting paid. Councilmember Billings stated that a letter from Mr. Larry Hutchinson, which the Council received last fall, indicated that there was a change in the by-laws and that board members were allowed to be paid. Mr. Hutchinson stated that this was a recommendation; however, it was never approved at the general meetin�. Mayor Jorgenson stated her appreciation to E.T.C. for information they put together for Council after the last re�ular City Council meeting. Councilmember Bolkcom stated that she felt the City should consider doing a request for proposal for a non-profit group to operate community access. She noted that she continued to have concerns about who the pro�rams were reaching as well as who was a board member. At this time, it appeared that only three of the twelve board members resided in Fridley. She felt that there needed to be more involvement in the production of programs by people that live in Fridley, as there was a substantial amount of Fridley taxpayers' money being used to fund this access program. Mayor Jorgenson stated she was in agreement but felt that Fridley's situation was different than other communities. Many other communities are part of a larger group and are able to put together consortiums for running their public access, which is an advantage. Fridley had to decide . if they wanted to be a"stand alone" community or become part of a larger group. Councilmember Billings felt that Council should consider having staff prepare a request for - proposal and report the results of that to the Cable Television and Telecommunications Advisory Commission for them to analyze and to make a recommendation to Council. Based on the analysis of participation by Fridley residents in creating programming, he felt that the same level of public access could be provided to handle the existing needs of the citizens of Fridley at a significantly lower cost than E.T.C.'s cost of $45,000. FRiDLEY CIT'Y COUNCiL NiEETING OF JANUARY 25 1999 PAGE 12 h' Mayor Jorgenson wondered if the same level of service could be provided at a lesser cost. She wanted to be able to support the First Amendment Rights of the citizens of Fridley. Furthermore, - she felt that E.T.C. should be given the opportunity to restore the service to what it was previously. Councilmember Bi(lings stated that E.T.C. had been the provider of pubtic access for the City of Fridley for the past five years. During that time, service had been steadily declining. It was not necessarily a fault of the provider but perhaps due to changes in technology, which he felt, had lessened the need for public access. The interest in that type of programming was not the same as it was 25 years ago. The availability of staff and equipment at E.T.C. was greater than what he felt Fridley would ever need. Councilmember Bolkcom asked what could be used as benchmarks if the contract were to be approved. She asked if information would be required at regular intervals such as every three to , six months, etc. Mayor Jor�enson stated that she felt it would be necessary to obtain information on regular intervals, requiring reports based on the work pian that they submitted. Councilmember Wolfe stated that he felt very strongly about the need for public access. He was also concerned about the number of residents versus non-residents who were involved at the time. E.T.C. indicated that they plan to get more residents from Fridley involved. He wanted to give _ E.T.C. another opportunity but wouid require that they submit rejular reports on information for Council and staff to review. MOT10N by Councilmember Billings that the City of Fridley refrain from entering into an agreement between the City of Fridley and E.T.C. for 1999. Seconded by Councilmember Barnette. UPON A VOICE VOTE, COUNCILMEMBERS BARNETTE, BILLINGS AND BOLKCONi VOTED AYE AND MAYOR JORGENSON AND COUNCILMEMBER WOLFE NOTED 1VAY. MAYOR JORGENSON DECLARED THE MOTION CARRIED. Mr. Jerry Smith stated that he was a member of E.T.C., and believed the programming offered many options to Fridley youth. E.T.C. staff spent many hours assisting him with various projects, and he was not sure that the same levei of service could be offered at a fraction of the cost. He , felt that more youth could be involved in producing programs if they were aware of it. Mr. Jim Bauer, 7630 Baker Drive, stated that he was a former board member of E.T.C.. He - stated that his family �reatly benefited from public access. He asked that Council consider giving E.T.C. another chance. MOTION by Councilmember Billin�s to authorize the City Manager to enter into a temporary agreement with an agent of his choice to provide public access for the residents of Fridley until FRIDLEY C1TY COUNCiL MEETING OF JANUARY 25, 1999 PAGE 13 such time as the results of a request for proposal and award of a permanent contract. Seconded by Councilmember Bolkcom. UPON A VOiCE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARR[ED UNANIMOUSLY. Mayor Jorgenson asked if this issue could be revisited at the February Council conference session. Mr. Burns stated that he would try to expedite the process in attempt to have the information for them at that time. MOTION by Councilmember Billings to authorize the City Manager, in conjunction with the Cable Television and Telecommunications Advisory Commission, to develop a request for proposal for public access, and to contact at a minimum Paragon Cable, School District No. 14 and E.T.G. Channel 33 with that RFP. Seconded by Councilmember Barnette. Councilmember Bolkcom stated that it would be her desire to contact as many providers as . possible. Mayor Jorgenson noted that the City would need to take a look at some mission statements as to where they would like to see public access be with the City of Fridley. 2. REPLAT, P S#98-04, BY N G 1�ELSON, ONAI�t CORPORATION, TO REPLAT ' PROPERTY TO ACCONiMODATE THE DEVELOPMENT OF A WARE- HOUS(NG FACiLITY GENERALLY L.00ATED AT 1400 73�D AVENUE N.E: � Mr. Hickok, Planning Coordinator, provided a diagram illustrating the site location of the subject property. At the time, the property consisted of four different tracts. The preliminary plat contained three lots, a public ri�ht-of-way and an outlot. To accommodate the proposed 400,000 square foot building, it would be necessary to replat the property> re-defining the parcel boundaries. 0 Councilmember Wolfe noted that it came to his attention that employees of Medtronic had been parking their vehicles on 69`�' Avenue. He wondered if "No Parking" signs could be installed to prevent this from occurring. He stated that he was concerned that this problem would escalate due to the increased vehicles from the new development. ' in addressing the impact that the development at Onan would have on the situation, Mr. Hickok stated that the parking for the proposed development was really centered around the building. He . believed that staff had effectively addressed on-site parking concerns there. However, if there was an existing problem in the area, it could be addressed with the Public Works staff. Mr. Hickok stated that it was staff's recommendation that Council approve the request for replatting of the property with the followin� stipulations: 1) A 20-foot utility easement should be provided along the easterly property line of the Onan property; 2) A road with a 60-foot right-of- way, 30 m.p.h. curves, and necessary cul-de-sacs or bubble should be identified to provide access FR(DLEY CITY COUNCIL MEETJNG OF JANUARY 25 1999 PAGE 14 to the proposed lot splits; 3) the proposed access road will continue along the eastern edge of Lot 3 for a minimum of 150 feet in order to meet the lot width requirements; 4) The sewer services should be designed to service the proposed and future lots on the plat; 5) Sewer connection to the MCES interceptor will require MCES approval; 6) The water system should be designed to provide service to the existing and proposed lots; 7) Fire hydrants associated with the development will be flushed by City crews. Operation, maintenance and repair will remain with the property owners; 8) Storm water pond calculations need to be approved by the Engineering Department; 9) A storm pond agreement needs to be executed to include the outfall system for the pond; 10) A user fee will be required from the property owner for the storm system placed within the City right-of-way; 11) The storm water outlet pipe will require the repair of Stinson Avenue and the insta(lation of B618 concrete curb and gutter; 12) The storm sewer pond desigt� must be approved by the Rice Creek Watershed District; 13) Petitioner shall combine Outlot A with Lot l, for tax purposes, before the final plat is approved; and 14)Petitioner shall notify the City of any contaminants that surface, for wellhead protection. N(OTION by Councilmember Wolfe to approve Replat P.S. #98-04, and concur with stafF's recommendation that the zoning code be M-2, except for Outlot A, which would be to be used as public right-of-way, with the stipulations as found on Page 2.05 of the a�enda book. Seconded Y by Councilmember Bolkcom. UPON A VOiCE VOTE, COUNCILMEMBERS BARNETTE, BiLLINGS, WOLFE AND BOLKCONI VOTED AYE. MAYOR JORGENSON ABSTAINTED FROM VOTING. NIAYOR JORGEI�ISOiV DECLARED THE NIOT[ON CARRiED. ' 3. REPLAT P.S. #98-05. BY DAVE CARLAND, CSM PROPERTIES, iNC TO REPI.AT PROPERTY FOR THE DEVELOPMENT OF VACANT LAND GENERALLY LOCATED 01�1 NORTHCO D�RVE AND 73�D AVENUE N.E. (�V�RD 1): Councilmember Billin�s noted that the a�enda did not contain an illustration of the new lots after the proposed replatting. Mr. Hickok, Planning Coordinator, provided a dia�ram depicting the repiatting information. The request was merely to take the existing lot and to subdivide it into two lots to allow for the development of another facility. Councilmember Billings asked why the required number of parking sta�ls was specified, taking into consideration that the building ownership/use could change in the future. Mr. Hickok stated that he felt the City needed to provide a service to petitioners when they come forward with a request. The location of the lot line was dependent upon the petitioner providing , the required number of parking spaces. Therefore, it was felt that it was necessary to specify this. Councilmember Billings stated he believed that in the original replatting of the Northco Subdivision there was a stipulation referring to the number of driveway accesses available from 71'` Avenue. He believed that the lan�uage had been added to any subsequent replatting. � FRfDLEY CITY COUNCIL MEETiNG OF JANUARY 25, 1999 PAGE 15 Mr. Hickok stated that he was not able to find any language restricting access to 71S` Avenue in " the previous replat discussion. Councilmember Billings stated that it may have been discussed at a Council meetings. He believed that this had been discussed each time. MOTION by Councilmember Billings to approve the Replat #98-05, with the following stipulations: 1) T'he required 131 parking spaces shall be on site and usable; 2) A guardrail shall be provided between the roadway and retaining wall on the storm water pond; 3) A park dedication fee of $4,605 shall be paid prior to the issuance of a building permit; 4) The petitioner shall record a shared driveway Access and Maintenance Agreement; 5) A future 71$` Street Upgrade Assessment Agreement must be signed and filed with the City prior to issuance of a building permit for the newly created lot. Seconded by Councilmember Bolkcom. MOTION by Councilmember Biliings to strike Stipulation #1 in its entirety and change it to read as follows: " 1. Any construction will require adequate parking to meet zoning code ' requirements." He believed this wouid communicate to the petitioner that the parking needs to be looked at. Seconded by Councilmember Boikcom. . MOTION by Councilmember Billin�s to add Stipulation #6 indicatin� that all the stipulations which applied to Northco Business Park 5`h Addition that are appropriate to this replat be added as additional stipulations. Seconded by Councilmember Bolkcom. � VOTE ON AMENDMENTS: UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNAMMOUSLY. VOTE ON ORIGINAL MOTION: UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. VARIANCE REQUEST, VAR #98-40, BY WILLARD AND DONNA JOHNSON TO ALLOW THE STORAGE OF A TRAVEL TRAILER ON A BLACKTOP DRIVEWAY IN THE FRONT YARD RATHER THAN IN THE SiDE OR REAR YARD� GENERALLY LOCATED AT SGO FAiRMONT STREET N E• Councilmember Bolkcom stated that she would like to see the variance approved, with the stipulation that Council revisit the portion of the zoning code relating to travel trailers in the future. MOTION by Councilmember Bolkcom to approve Variance Request, VAR #98-40, for a period of two years, with the following stipulations: 1) The petitioner shall continue parking travel - trailer as close to the garage as possible; and 2) The petitioner shall continue parking towing � vehicle in garage when not in use. Seconded by Councilmember Barnette. Councilmember Billings stated that he empathized with this property owner and his situation. However, he could find other similar situations in which the City always enforced their rules. There are many residents in Fridley with trailers, and they have had to make accommodations on their properties or find alternate storage for them off-site. He felt there were many other similar � FRiDLEY CITY COUNCIL N[EETING OF JANUARY 25, 199_9 PAGE 16 properties to this. Approving this variance wouid create a situation where many trailers would be parked in the front yards in Fridiey. Mayor Jorgenson stated that she also felt there were other similar situations and that approving this variance would create further problems. However, she felt the City Code should be revisited on this issue. UPON A VOICE VOTE, COUNCILMEMBER BOLKCONI VOTED AYE AND MAYOR JORGENSON, AND COUNCILMEMBERS BARNETTE, BILLINGS, AND WOLFE VOTED NAY. MAYOR JORGENSON DECLARED THE MOTION FAILED. Councilmember Barnette asked how many other communities have similar ordinances. Mr. Hickok noted that many have similar ordinances. Mayor Jorgenson asked that this part of the City Code be reviewed by staffto determine whether or not it is realistic. 0 Councilmember Bolkcom asked that staff check with other communities in regard to their code requirements for stora�e of travel trailers, snowmobiles/trailers, boats, etc. . 5, RECEIVE PROPOSALS AI�D AWARD CONTRACT FOR CURBSTDE RECYCL(NG SERViCES: Ms. Julie Jones, Planning Assistant/Recycling Coordinator, stated that the City sought proposals for curbside recyciing. Two proposals were received; one from Waste Management, and one from Browning Ferris lndustries (BFI). The annual service cost from �Vaste Management was $202,037. The annual service cost from BFI was $210,667. Ms. Jones noted that earlier in the evenin�, staff received a letter from BFI ad�ustmg their proposal to a lower amount. However, the recommendation from the Energy, Quality and Environmental Commission was based on the ori�inal proposals submitted. Their recommendation was to accept the BFI proposal for a three-year contract. The reasons for recommending the higher proposal were service concerns, SCORE funding implications, and extra services included in the proposal. Ms. Jones noted that the new reduced rate submitted by BFI reduced the difference between the two proposals to about $5,000. Councilmember Biliings asked Mr. Fritz Knaak, City Attorney, whether a lower cost could be " accepted after receiving the proposals. Mr. Knaak responded that it was acceptable. He further noted that the City was not required to contract with the lowest bidder but rather the lowest . responsible bidder. If service has been a probiem in the past, the City would not be obligated to contract with Waste ManaJement. Councilmember Bolkcom asked if Ms. Jones had had an opportunity to review the letter from Waste Management, dated January 25, 1999. Ms. Jones stated she had reviewed the letter and � 0 � FRIDLEY CITY COUNCIL MEETING OF JANUARY 25. 1999 PAGE 17 � that the letter contains promises much the same as those promised months ago which have not � been fulfilled. Mayor Jorgenson stated that she heard a number of complaints from residents as to the service of Waste Management with regard to missed pick-ups, debris left behind, etc. Mr. Ron Gersdorf, Waste Management, stated that he believed problems escalated during Waste Management's merger with USA Waste in mid-1998. He believed that any complaints regarding service had always been addressed in the past. They were prepared to offer the City a two-sort system, replacement of the containers, and assigned supervisors to work with City staff. Mr. Paul Rosland and Mr. Dave Wiggins of BFI were present. Mr. Rosland presented information as to the types of services their company offered. In addition, he assured Council that their company had an excellent service reputation and would be willing to work with the City to � see that they were well satisfied. A discussion followed with regard to the two-sort versus three- sort method of pickup. Nlr. Rosland stated that BFl was currently taking test loads at the time. If , the system could be chan�ed to a two-sort system there will be no changes to the contract costs. MOTION by Councilmember Bolkcom to find the proposal from BFl to be the most responsible proposal and direct staff to enter into a negotiation with exact costs for a three-year contract. Seconded by Councilmember Wolfe. ' UPON A VOICE VOTE, ALL MEMBERS VOTiNG AYE, MAYOR JORGENSON DECLARED THE MOTiON CARRIED UNANIMOUSLY. G. APPROVE CHANGE ORDER NO. 3 FOR THE FRIDLEY COMMUNITY CENTER LOWER LEVEL PROJECT: Councilmember Bolkcom stated that she asked that this item be removed, as there was a discrepancy between information in the packet and the information provided by Mr. Burns. MOTION by Councilmember Bolkcom to approve Change Order No. 3 for the Fridley Community Center Lower Level Project No. 3 l9. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARR[ED UNANiMOUSLY. 7. RECEIVE BID AND AWARD CONTRACT FOR UPGRADE OF THE CITY OF FRiDLEY'S WATER AND SEWER SCADA SYSTEM: Councilmember Bolkcom noted that the costs associated with this upgrade are substantial. She asked if it would accomplish what it was intended to accomplish. Mayor Jorgenson stated this would assist the City in providing data for the Clean Water Act. FRIDLEY CiTY COUNCIL NiEETING OF JANUARY 25, 1999 PAGE 18 Mr. Burns, City Manager, noted that it would also allow the City to monitor the various systems through computerized equipment and to help coordinate the operation of the dif%rent equipment. " Councilmember Bolkcom asked if the system would be Year 2000 Compliant. Mr. Burns stated that he believed it would. MOTION by Councilmember Bolkcom to receive the bid and award the contract to Automatic Systems in the amount of $184,375. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL MENIBERS VOTING AYE, MAYOR JORGENSON DECGARED TftE MOTION CARRIED UNANIMOUSLY. NEW BUSINESS: 23. VARIANCE, VAR #98-31; BY NiARK A. SM(TH, MONEY XCHANGE, TO " DECREASE THE Ni1N�MUM LOT AREA FROM 20,000 SOUARE FEET TO 12,991 SQUARE FEET, TO DECREASE THE MTNIMUM StDE YARD , SETBACK FRONI 15 FEET TO 0 FEET, TO DECREASE THE MINiMUM SETBACK FOR A HARD SURFACE AREA FROM THE SiDE LOT LiNE FROM 5 FEET TO 0 FE_ET, TO DECREASE THE MINiMUM SETBACK FOR A AARD SURFACE AREA FRONI THE STREET RIGHT-OF-WAY FROM 20 FEET TO 1.5 FEET, TO ALLOW THE DEVELOPNIE1vT OF A COMNiERCiAL SITE GENERALLY LOCATED AT 6301 HIGHWAY 65 1v.E. (WARD 2)• ` Mr. Scott Hickok, Planning �oordinator, presented a diagram illustrating the subject property. - He noted that petitioner, Mark Smith, requested various variances to accommodate the development of a"street bank." Mr. Hickok discussed the variances which were being requested. He noted that the Appeals Commission recommended denial of ali variance requests. Mr. Hickok proceeded to offer a list of stipulations which would be recommended by staff if Council should choose to approve the variance request. Mr. Jon Peterson, owner of the subject property located at 6301 Highway 65, stated that he viewed the matter as a third generation opportunity for the property. The variances would provide them with the ability to upgrade an existing building and landscaping. He asked that Council consider approving the variance request. Councilmember Barnette noted that staff received a number of comments from surrounding � neighbors who were all in opposition to the proposed use. Additionally, the variances required in order to allow for this proposal were numerous. � Mr. Peterson stated that if Council chose to deny the requests, he would solicit their input as to how this property could be redeveloped to attract favorable occupancy. MOTION by Councilme�l�ber Wolfe to deny Variance, VAR #98-31. Seconded by Council- member Bolkcom. � � , � 0 FRIDLEY C[TY COUNCIL MEETING OF JANUARY 25, 1999 PAGE 19 UPON A VOICE VOTE, ALL 1�IEMBERS VOTING AYE, MAYOR JORGENSON DECLARD THE MOTION CARRIED UNANIMOUSLY. 23. INFORMAL STATUS REPORTS: There were no informal status reports. ADJOURNMENT: MOTION by Councilmember Bolkcom to adjourn the January 25, 1999 City Council Meeting at 11:40 p.m. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED TAE MOTiON CARRTED UNANiMOUSLY AND THE MEETING WAS • ADJOURNED AT 11:40 P.M. , Respectfully submitted, 0 c Tamara D. Saefke Recording Secretary Nancy J. Jorgenson Mayor MEMOR.ANDUM PLANNING DIVISION Date: February 4, 1999 To: William W. Bums, City Manager;��' � From: Barbara Dacy, Community Development Director Scott J. Hickok, Planning Coordinator RE: Second Reading of Proposed Text Amendment ZTA #98-03 INTRODUCTION The City Council held a public hearing to consider a modification of the zoning ordinance to allow day care facilities in an expanded number of locations in the R- 1, R-2, R-3, and R-4 districts. At that same meeting the City Council approved first reading of the ordinance as proposed. RECOMMENDATION Staff recommends approval of the second reading of proposed text amendment ZTA #98-03 as presented. 1.01 ORDINANCE NO. AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 205, ENTITLED "ZONING", BY AMENDING SECTIONS 205.07.01.C.(4), 205.08.01.C.(4), 205.09.01.C.(3), AND 205.10.01.C.(4), TO ALLOW, BY SPECIAL USE PERMIT, DAY CARE FACILITIES ON PROPERTIES THAT EXCEED 12,000 SQUARE FEET IN THE R-1, SINGLE FAMILY DISTRICT; R- 2, TWO FAMILY DISTRICT; R-3, GENERAL MULTIPLE UNIT DISTRICT; AND R-4, MOBILE HOME PARK DISTRICT. WHEREAS, the City of Fridley has been asked to consider a modification to the zoning ordinance to allow daycare facilities in an expanded number of locations; and WHEREAS, the City investigated a modification to allow day care facilities as a special use in residential districts R-1, R-2, R-3, and R-4; on properties exceeding 12,000 square feet; and WHEREAS: the City surveyed property owners within 350 feet of those churches deemed to be likely candidates for day care facilities; and WHEREAS, the City determined that a majority of those surveyed supported a change to allow day care in the residential districts as a special use; and WHEREAS, in several cases those who responded have had difficulty finding a day care for their children; and WHEREAS, the Planning Commission held its public hearing for this matter on December 2, 1998, whereby the City solicited citizen comment regarding modification of the City Code; and WHEREAS, concerns of opposing survey respondents are issues that can be addressed through the City's special use permit process and through day care licensing procedures of the State of Minnesota and Anoka County. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FRIDLEY, MINNESOTA, AS FOLLOWS: . SECTION 1. That Chapter 205 of the Code of Ordinances of the City of Fridley, Minnesota, be, and hereby is, amended by enacting modifications to Code Sections 205.07.01.C. (4), 205.08.01.C.(4), 205.09.01.C.(3), and 205.10.01.C.(4), to be entitled, numbered and read as follows: 1.02 e 205.07. R-1 ONS-FAMILY D�LLING DISTRICT REGUI,ATIONS l. IISLS PSRMITTgD A• Principal Uses. The following are principal uses in R-1 Districts: (1) One-family dwellings. (2) Single family attached development as per conditions under Section 205.11 of this Code. B. Accessory Uses. (1) The total floor area of all accessory buildings shall not exceed 1,400 square feet. (2) �1ny second accessory buildings in excess of 240 square feet shall require a Special Use Permit. (3) The maximum height for all accessory buildings shall not exceed fourteen (14) feet above grade. (4) The following are accessory uses in R-1 Districts: (a) A private garage is the first accessory building. It shall not exceed 100� of the first floor area of the dwelling unit or a maximum of 1,000 square feet. (b) Privately owned recreational facilities which are for the enjoyment and convenience of the residents of the principal use and their guests. (c) Home occupations. (d) The rental of guest rooms to not more than two (2) persons per dwelling unit. (e) Solar energy devices as an integral part of the principal structure. C. Uses Permitted With A Special Use Permit. The following are uses permitted with a Special Use Permit in R-1 Districts: (1) Accessory buildings other than the first accessory building, over 240 square feet. (2) Churches. (a) Building and site requirements and performance - standards shall be equal to or greater than those outlined in the following CR-1 sections of the Code; 205.16.3, 205.16.4, 205.16.6 and 205.16.7. (b) A parking requirement of at least one (1) off-street parking space shall be provided for every three (3) fixed seats or for every five (5) feet of pew length in the main assembly hall. Additional parking may be required for additional church activities, such as day care, cla�sroom and recreational activities. (Ref. 888) 1.03 -1 ISTRICT I SSS 'PBRMITT}3D (3) Private Schools. (4) Day Care Centers provided they are to be located in places of worship, schools or in other buildings. (a) At least one (1) off-street parking space shall be provided for each 100 square feet of useable day care floor area. (b) Reduction of parking spaces may be allowed when provision of space required for parking stalls, due to the particular nature of the proposed use or other considerations, would be an unnecessary hardship. Adequate open space shall be provided to satisfy the total number of required parking spaces. (c) When the provisions for required parking space is inadequate, the City may require additional off-street parking be provided. (Ref. 864) (d) The minimum lot size is 12,000 square feet. (5) Private nonprofit golf courses, country clubs, yacht clubs, tennis courts, swimming pools and additional recreational uses, not an accessory use to the principal uses. (6) Utility companies having transformers, pumping stations and sub-stations subject to the following minimum requirements: (a) There must be conformity with the surrounding neighborhood with respect to setbacks, open spaces and architectural design. (b) It must be screened. (c) It must not have any regular employees. (d) The equipment must be completely enclosed in a structure. (7) Automobile parking lots for off-street parking spaces for any use on adjacent land, when the following minimum requirements have been met: (a) The minimum front yard setback is thirty-five (35) feet, except where adjacent property has existing front yard setbacks exceeding thirty-five (35) feet; additional front yard depth may be required. A side yard and rear yard minimum setback of ten (l0) feet is required. (b) Proper screening, which includes a planting stThis fence or wall shall be provided on the property h sical must be substantial enough to create a p y separation between the parking lot and the adjoining properties involved and considered acceptable to the City. (S) Hospitals, clinics, nursing homes, convalescent homes and homes for the elderly. of)twenty a(20) fe t above the d elling roofexceeding a height 1.04 v 0 0 (10) Wind generators and other tower mounted energy devices exceeding a height of twenty (20) feet above the dwelling roof . (il) Solar energy devices NOT an integral part of the principal structure. (12) Exterior storage of materials. D. Additional Restrictions. For uses other than principal uses, requirements as to lot size, setbacks, building, parking, landscaping, screening, etc., shall be at least comparable to similar uses in other districts, but also subject to additional provisions as provided by the City. 2. IISI3S SXCLIIDi3D SES XCLIIDSD Any use allowed or excluded in any other district unless specifically allowed under Uses Permitted of this district are excluded in R-1 " Districts. 3. LOT RBQIIIRSMSNTS AND SBTBACRS i�T !� . LQIIIREMSNTS ! A. Lot Area. SSTBACRS ; A minimum lot area of 9,000 square feet is required for a one-family dwelling unit, except: (1) Where a lot is without City sanitary sewer, the minimum required lot area is 18,000 square feet. (2) Where a lot is one on a subdivision or plat recorded before December 29, 1955, the minimum required lot area is 7,500 square feet. (3) As allowed under Special District Regulations or Planned Unit Development District Regulations. B. Lot Width. The width of a lot shall not be less than seventy-five (75) feet at the required setback, except: (1) On a subdivision or plat recorded before December 29, 1955, the minimum width of a lot is fifty (50) feet. (2) If lot splits are permitted with the lot width less than the required seventy-five (75) feet, the lot must still meet • the most restrictive lot requirements and setbacks; except for the lot area and lot width. . (3) As allowed under Special District Regulations or Planned Development District Regulations: C. Lot Coverage. Not more than twenty-five percent (25�) of the area of a lot shall be covered by the main building and all accessory buildings. D. Setbacks. (1) Front Yard: 1.05 A front yard with a depth of not less 'than thirty-five (35) feet is required, except as noted in Section 205.04.4G. (2) Side Yard: (a) A side yard of ten (10) feet is required between any living area and side property lines. (b) A side yard of five (5) feet is required between an attached accessory building or use and a side property line except as stated in Section 205.04.5.B (2) and (3). (Ref . 888) (c) Corner Lots: ((1)) The side yard width on a street side of a corner lot shall not be less than seventeen and one-half (17.5) feet. ((2)) When the lot to the rear of a corner lot has frontage along a side street, no accessory building _ on the corner lot within twenty-five (25? feet of the common property line shall be closer to said side street than thirty (30) feet; provided however, that this regulation shall not be � interpreted as to reduce the buildable width of a corner lot to less than twenty-five (25) feet. ((3)) Any attached or unattached accessory building which opens on the side street, shall be at least twenty-five (25) feet from the property line of a side street. (3) Rear Yard: (a) A rear yard with a depth of not less than twenty-five percent (25�) of the lot depth is required with not less than twenty-five (25) feet permitted or more than forty (40) feet required for the main building. (b) Detached accessory buildings may be built not less than three (3) feet from any lot line in the rear yard not adjacent to a street. (4) Double Frontage: (a) The building lines will prevail in lieu of rear yard requirements. (b) The setback for garages and accessory buildings in � the rear yard will be the same as for a front yard. 4. BIIILDING REQIIIREi�NTS IIILDING " SQIIIRgiiENTS A. Height. No building shall hereafter be erected, constructed, reconstructed, altered, enlarged, or moved so as to exceed the building height limit of thirty (30) feet from finished grade level. B. Minimum Floor Area. l�`l�' (1) For lots having a 9,000 square foot lot area and a seventy-five (75) foot lot width, and for lots resulting from lot splits having less than 9,000 sguare feet and/or less than the seventy-five (75) foot lot width, the minimum gross floor area of a single family dwelling shall not be less than 1,020 square feet of finished floor area per dwelling unit, provided that: (a) A one (1) level one-family dwelling unit of three (3) bedrooms or less shall have a minimum of 1,020 square feet of living area. (b') A one-family dwelling unit consisting of two (2) full levels above grade shall have a minimum of 1,020 square feet of first floor area, at least 768 square feet of which shall be living area and the dwelling shall have a garage attached thereto having a floor area not less than 396 square feet. (c) A one-family dwelling unit of a split level design of three (3) bedrooms or less shall have a minimum of = 1,020 square feet of living area in the upper two levels. _ (d) A two (2) level dwelling unit of the split entry design of three (3) bedrooms or less shall have a minimum of 768 square feet of gross floor area in each level provided: ((1)) The dwelling shall have a garage attached thereto having a floor area not less than 396 square feet. ((2)) The finished floor level of the upper level is not more than six (6) feet above grade. (e) A two (2) level dwelling unit having the upper level situated wholly or partly in the roof space provided: ((1)) The gross floor area of the first level above grade shall be not less than 864 square feet. ((2)) Each bedroom located in the upper level shall have a minimum of 120 square feet of floor area. ((3)) The dwelling shall have a garage attached thereto having a floor area not less than 396 square feet. � (2) For lots less than 9,000 square feet, the dwelling shall have a first floor area of not less than 768 square feet � exclusive of accessory buildings or an attached garage. C. Basement. All one-family dwellings constructed on vacant lots, as of January 1, 1983 shall have a basement except if located in a flood plain area. 5. PARKING RBQIIIREMSNTS ARKING A. General Provisions. BQIIIR�NTS 1.07 (1) A minimum of two (2) off-street parking stalls shall be provided for each dwelling unit. (2) The required parking stalls shall not be located in any portion of the required front yard except on a driveway or hardsurfaced parking space approved by the City. (3) All driveways and parking stalls shall be set back three (3) feet from any property line except as agreed to in writing by adjacent property owners and filed with the City. B. Garage Requirements. (1) All lots having a minimum lot area of 9,000 square feet or resulting from a lot split shall have a double garage. (2) All lots having a lot area less than 9,000 square feet and greater than 7,500 square feet shall have a single garage. (3) The above requirements shall satisfy the off-street parking stall requirement. - 6. PSRFORMANCS STANDARDS A. Parking Requirements. (1) Existing Facilities: �� SRFORMANCl3 � iSTANDARDS _ (a) At least one (1) off-street parking stall shall be provided for each dwelling unit. (b) The required parking stall shall not be located in any portion of the required front yard, except on a driveway or hardsurfaced parking space approved by the City, and set back a minimum of three (3) feet from the side property line, except as agreed to by adjacent property owners. (c) A garage shall satisfy the off-street parking stall requirement. (2) All driveways and parking stalls shall be surfaced with blacktop, concrete or other hard surface material approved by the City. B. Prohibited Parking. No outside parking or storage of motor vehicles shall occur except on approved hardsurface driveways and parking stalls. (Ref. 1017) C. Exterior Storage. (1) Nothing shal� be stored in the required front yard. (2) All materials shall be kept in a building or shall be fully screened, so as not to be visible from any public right of way except for stacked firewood, boats, and trailers placed in the side yard. (3) The City shall require a Special Use Permit for any exterior storage of materials, except for B(2) above. D. Refuse. � � i � n 0 � 0 All waste materials, refuse or garbage shall be contained in closed containers as required under the chapter entitled "Waste Disposal�� of the Fridley City Code. E. Drainage and Grade Requirements. A finished ground grade shall be established such that natural drainage away from all buildings is provided. The following minimum criteria shall apply: (1) The minimum elevation of finished grade shall not be less than one-fourth (1/4) inch rise per horizontal foot of setback measured from curb grade. (2) The City may specify a minimum finished ground grade for any structure in order to allow proper drainage and a minimum top of footing elevation to allow for connection to City utilities. The maximum slope (grade) on a driveway shall not exceed 1:10 (10�) above established curb grade. F. Landscaping. The following shall be minimum criteria for landscaping: (1) Sodding and landscaping shall extend across the entire front yard and side yards, including the boulevard. (2) All open areas of any site, except for areas used for parking, driveways or storage, shall be sodded, seeded or have vegetative cover. !3) All uses shall provide water facilities to yard areas for maintenance of landscaping. (4) All vacant lots, tracts or parcels shall be properly maintained in an orderly manner free of litter and junk. G. Maintenance. It shall be the responsibility of the property owner to ensure that: (1) Every exterior wall, foundation and roof of any building or structure shall be reasonably watertight, weathertight and rodentproof and shall be kept in a good state of maintenance and repair. Exterior walls shall be maintained free from extensive dilapidation due to cracks, tears or breaks of deteriorated plaster, stucco, brick, wood or other material that is extensive an d gives evidence of long neglect. (2) The protective surface on exterior walls of a building shall be maintained in good repair and provide a sufficient covering and protection of the structural surface against its deterioration. Without limiting the generality of this Section, a protective surface of a building shall be deemed to be out of repair if: (a) More than twenty-five percent (25�) of the area of any plane or wall on which the protective surface is paint is blistered, cracked, flaked, scaled or chalked away, or (b) More than twenty-five percent (25�) of the pointing of any brick or stone wall is loose or has fallen out. 1.09 �e� y fences, walks, �3� ard and all structures, walls, steps, driveways, landscaping and other exterior developments shall be maintained in an attractive, well kept condition. (4) The boulevard area of a premises shall be properly maintained, groomed and cared for by the abutting property owner. H. Essential Services. (1) Connection is required on each lot served by City sanitary sewer. (2) Connection is required on each lot served by a City water line. 1.10 � c 205.08. R-2 TWO-FADiILY D9P8LLING DISTRICT RSGIILATION3 1. IISBS PSRMITT�D A• Principal Uses. The following are principal uses in R-2 Districts: (1) (2) Two-family dwellings. One-family dwellings. (3) Single family attached development as per conditions under Section 205.11 of this Code. B. Accessory Uses. (1) Only two (2) accessory buildings allowed per dwelling unit. (2) The total floor area of all accessory buildings shall not exceed 1400 square feet. (3) Any second accessory building in excess of 24o square feet shall require a Special Use Permit. (4) C. The following are accessory uses in R-2 Districts: (a) A private garage is the first accessory building. It shall not exceed 100� of the first floor area of the dwelling unit or a maximum of 1,000 square feet. (b) Privately owned recreational facilities which are for the enjoyment and convenience of the residents of the principal use and their guests. (c) Home occupations. (d) The rental of guest rooms to not more than two (2) persons per dwelling unit. (e) Solar energy devices as an integral part of the principal structure. Uses Permitted with A Special Use Permit. The following are uses permitted with a Special Use Permit in R-2 Districts: - (1) Accessory buildings, other than the first accessory building, over 240 square feet. (2) Churches. . (a) Building and site requirements and performance standards shall be equal to or greater than those outlined in the following CR-1 sections of the Code; 205.16.3, 205.16.4, 205.16.6 and 205.16.7. (b) A parking requirement of at least one (1) off-street parking space shall be provided for every three (3) fixed seats or for every five (5) feet of pew length in the main assembly hall. Additional parking may be required for additional church activities, such as day care, classroom and recreational activities. (Ref. 888) 1.11 -2 DISTRIC� SGIILATIONS I SB3 $RbIITTSD (3) Private Schools. (4) Day Care Centers provided they are to be located in places of worship, schools or in other buildings. provided 1 fort each ( 0)0 �square e feeta of1n seable dayl care floor area. (b) Reduction of parking spaces may be allowed when provision of space required for parking stalls, due to the particular nature of the proposed use or other considerations, would be an unnecessary hardship. Adequate open space shall be provided to satisfy the total number of required parking spaces. (c) when the provisions for required parking space is inadequate, the City may require additional off-street parking be provided. (Ref. 864) (d) The minimum lot size is 12,000 square feet. (5) Private nonprofit golf courses, country clubs, yacht clubs, tennis courts, swimming pools and additional recreational uses, not an accessory use to the principal uses. (6) Utility companies having transformers, pumping stations and substations subject to the following minimum requirements: (a) There must be conformity with the surrounding neighborhood with respect to setbacks, open spaces and architectural design. (b) It must be screened. (c) It must not have any regular employees. (d) The equipment must be completely enclosed in a structure. (7) Automobile parking lots for off-street parking spaces for any use on adjacent land, when the following minimum requirements have been met: (a) The minimum front yard setback is thirty-five (35) feet, except where adjacent property has existing front yard setbacks exceeding thirty-five (35) feet; additional front yard depth may be required. A side yard and rear yard minimum setback of ten (10) feet is required. (b) Proper screening, which includes a planting stT�Ps fence or wall shall be provided on the property•sical must be substantial enough to create a phy separation between the parking lot and the adjoining properties involved and considered acceptable to the City. (8) Hospitals, clinics, nursing homes, convalescent homes and homes for the elderly. of,twenty a(20) feet above the dwelling roofexceeding a height 1.12 0 0 0 0 � (10) Wind generators and other tower mounted energy devices exceeding a height of twenty (20) feet above the dwelling roof. (11) Solar energy devices NOT an integral part of the principal structure. (12) Exterior storage of materials. D. Additional Restrictions. For uses, other than principal uses, requirements as to lot size, setbacks, building, parking, landscaping, screening, etc. shall be at least comparable to similar uses in other districts, but also subject to additional provisions as provided by the City. 2. IISBS EXCLIIDSD Any use allowed or excluded in any other district unless specifically allowed under Uses Permitted of this district are excluded in R-2 Districts. ' 3. LOT REQIIIREMSNTS AND SBTBACRS All requirements of this Section are for two-family dwellings. One-family dwellings in this district shall be subject to the R-1 District regulations. A. Lot Area. A minimum lot area of 10,000 square feet is required for a two-family dwelling unit. B. Lot Width. The width of a lot shall not be less than seventy-five (75) feet at the required setback. C. Lot Coverage. Not more than thirty percent (30�) of the area of a lot shall be covered by the main building and all accessory buildings. D. Setbacks. (1) Front Yard: A front yard with a depth of not less than thirty-five (35) feet is required, except as noted in Section 205.04.4G. (2) Side Yard: (a) A side yard of ten (10) feet is required between � any living area and side property lines. � (b) A side yard of five (5) feet is required between an attached accessory building or use and side property line. (c) Corner Lots: ((1)) The side yard width on a street side of a corner lot shall be not less than seventeen and one-half (17.5) feet. 1.13 S$S XCLIID}3D OT SQIIIRSMENTS Sl3RVICSS ((2)) When the lot to the rear has frontage along a side street, no accessory building on a corner lot, within twenty-five (25) feet of the common property line, shall be closer to said side street than thirty (30) feet; provided, however, that this regulation shall not be so interpreted as to reduce the buildable width of a corner lot to less than twenty-five (25) feet. ((3)) Any attached or unattached accessory building which opens on the side street, shall be at least twenty-five (25) feet from the property line of a side street. (3) Rear Yard: (a) A rear yard with a depth of not less than twenty-five percent (25�) of the lot depth is required with not less than twenty-five (25) feet permitted or more than forty (40) feet required for the main building. (b) Detached accessory buildings may be built not less than three (3) feet from any lot line in the rear yard not adjacent to a street. (4) Double Frontage: (a) The building lines will prevail in lieu of rear yard requirements. (b) The setback for garages and accessory buildings in the rear yard will be the same as for a front yard. 4. BIIILDING RSQIIIRLMBNTS A. Height. �IIILDING 'i REQIIIREMENTS i No building shall hereafter be erected, constructed, reconstructed, altered, enlarged or moved, so as to exceed the building height limit of thirty (30) feet. B. Minimum Floor Area. In a two-family dwelling, the minimum total floor area shall be 1400 square feet, the minimum living area of any dwelling unit shall be 650 square feet, and in no case shall the first floor area be less than 768 square feet. 5. PARKING REQIIIREMENTS A. General Provisions. ARRING }3QIIIREMENTS (1) At least two (2) off-street parking stalls shall be provided for each dwelling unit. (2) The required parking stalls shall not be located in any portion of the required front yard, except on a driveway or hardsurfaced parking space approved by the City. (3) All driveways and parking stalls shall be set back three (3) feet from any property line except as agreed to by adjacent property owners. 1.14 0 � - B• Garage Requirements. (1) A two (2) stall garage is required for each dwelling _ unit. (2) This garage shall satisfy the off-street parking stall requirement. 6 • PLRFORMAPTCB ST1�iNDp�gDg A• Parking Requirements. il) An existing one and one-half (1-1/2) stall garage for each dwelling unit shall satisfy the off-street parking stall requirement. (2) All driveways and parking stalls shall be surfaced with blacktop, concrete or other hard surface material approved by the City. _ B• Prohibited Parking. No outside parking or storage of motor vehieles shall occur except on approved hardsurface driveways and parking stalls. - (Ref. 1017) C. Exterior Storage. (1) Nothing shall be stored in the required front yard. (2) All materials shall be kept in a building or shall be fully screened, so as not to be visible from any public right-of-way except for stacked firewood, boats and trailers placed in the side yard. (3) The City shall require a Special Use Permit for any exterior storage of materials, except for B(2� above. D• Refuse. All waste materials, refuse or garbage shall be contained in closed containers as required under the Chapter entitled "Waste Disposal�� of the Fridley City Code. E• Drainage And Grade Requirements. A finished ground grade shall be established such that natural drainage away from all buildings is provided. The following minimum criteria shall apply: (1) The minimum elevation of finished grade shall not be - less than one-fourth (1/4) inch rise per horizontal foot of setback measured from curb grade. (2) The City may specify a minimum finished ground grade for any structure in order to allow proper drainage and a minimum top of footing elevation to allow for connection to City utilities. F• Landscaping. The following shall be minimum criteria for landscaping: (1) Sodding and landscaping shall extend across the entire front yard and side yards, including the boulevard. 1.15 I3RFORMANCB !STANDARDS (2) All open areas of any site, except for areas used for parking, driveways or storage, shall be sodded, seeded or have vegetative cover. (3) All uses shall provide water facilities to yard areas for maintenance of landscaping. (4) All vacant lots, tracts or parcels shall be properly maintained in an orderly manner free of litter or junk. G. Maintenance. It shall be the responsibility of the property owner to ensure that: (1) Every exterior wall, foundation and roof of any building or structure shall be reasonably watertight, weathertight and rodentproof and shall be kept in a good state of maintenance and repair. Exterior walls shall be maintained free from extensive dilapidation due to cracks, tears or breaks of deteriorated plaster, stucco, brick, wood or other material that gives evidence of long neglect. (2) The protective surface on exterior walls of a building shall be maintained in good repair and provide a sufficient covering and protection of the structural neralit gaofstthis deterioration. Without limiting the g Y Section, a protective surface of a building shall be deemed to be out of repair if: (a) More than twenty-five percent (25�) of the area of paintlisebli te ed, �cracked, flaked,t scaled orr chalked away, or of) anyrbrick or sto e w 11 pis loose( or� hasf fallen�outing (3) Every yard and all structures, walls, fences, walks, steps, driveways, landscaping and other exterior developments shall be maintained in an attractive, well kept condition. (4) The boulevard area of a premises shall be properly maintained, groomed and cared for by the abutting property owner. H. Essential Services. (1) Connection is required on each lot served by City sanitary sewer. (2) Connection is required on each lot served by a City water line. 1.16 0 s v . � � u 205.09. R-3 G$NER.AL MULTIPL$ DWBLLING DISTRICT RSGIILATIONS l. IISBS PBRMITTSD A. Principal Uses. The following are principal uses in R-3 Districts: (1) Multiple dwellings and multiple dwelling complexes including rental and condominium apartments. (2) Single family attached development as per conditions under Section 205.11 of this Code. (3) Two-family dwellings. (4) One-family dwellings. B. Accessory Uses. The following are accessory uses in R-3 Districts. ` (1) Parking areas and garage structures of adequate size to handle the required parking for the principal use. The parking requirements shall be satisfied by the combination of garage and unenclosed spaces. (2) Maintenance, management or recreation buildings incidental to the development. (3) Privately owned recreational facilities including swimming pools and tennis courts, intended solely for the enjoyment and convenience of the residents of the principal use and their guests. (4) Accessory uses for tenants provided they are intended only for the residents of the principal use and their guests and have no advertising or display visible from the outside of the building. Not more than ten percent (10�) of the gross floor area of a structure may be devoted to these accessory uses. (5) Solar energy devices as an integral part of the principal structure. (6) Licensed home based Family Day Care as defined in Section 205.03.32.F. of the City Code. (Ref 864) C. Uses Permitted With A Special Use Permit. The following are uses permitted with a Special Use Permit in R-3 Districts: (1) Churches. (a) Building and site requirements and performance standards shall be equal to or greater than those outlined in the following CR-1 sections of the Code; 205.16.3, 205.16.4, 205.16.6 and 205.16.7. 1.17 -3 DISTRICT LGIILATIONS � �'QSBS PERblITTSD {b) A parking requirement of at least one (1) off-street parking space shall be provided for every three (3) fixed seats or for every five (5) feet of pew length in the main assembly hall. (c) Additional parking may be required for additional church activities, such as day care, classroom and recreational activities. (Ref. 888) (2) Private Schools. (3) Day Care Centers provided they are to be located in places of worship, schools or in other buildings. (a) At least one (1) off-street parking space shall be provided for each 100 square feet of useable day care floor area. (b) Reduction of parking spaces may be allowed when provision of space required for parking stalls, due to the particular nature of the proposed use or other considerations, would � be an unnecessary hardship. Adeguate open space shall be provided to satisfy the total number of required parking spaces. ' (c) When the provisions for required parking space is inadequate, the City may require additional off-street parking be provided. (Ref. 864) (d) The minimum lot size is 12,000 square feet. (4) Private, nonprofit golf courses, country clubs, yacht clubs, tennis courts, swimming pools and additional recreational uses not an accessory use to the principal uses. (5) Utility companies having transformers, pumping stations and substations must conform with the surrounding neighborhood with respect to setbacks, open spaces and architectural design and must be screened. (6) Automobile parking lots for off-street parking spaces for any use on adjacent land, when the following minimum requirements have been met: (a) The minimum front yard setback is thirty-five (35) feet, except where adjacent property has existing front yard setbacks exceeding thirty-five (35) feet; additional front yard depth may be required. A side yard and rear yard minimum setback of ten (10) feet is required. (b) Proper screening, which includes a planting strip, fence or � wall shall be provided on the property. The screening must be substantial enough to create a physical � separation between the parking lot and the adjoining properties involved. (7) Hospitals, clinics, nursing homes, convalescent homes and homes for the elderly. (8) Hi-rise apartments, provided the following conditions are met, plus any additional requirements the City Council shall consider reasonably necessary: 1.1 � (a) A minimum lot area of one and one-half (1-1/2) acres. (b) Landscaping a minimum of twenty-five percent (25�) of the property. (c) A maximum lot coverage of thirty percent (30�). (d) Adequate parking facilities. (e) The minimum building setback shall be fifty (50) feet from any property line. (f) A minimum height of seven (7) stories. (9) Hotels and Motels. (10) Wind generators and other tower mounted energy devices . exceeding a height of twenty (20) feet above the dwelling roof. (11) Solar energy devices NOT an integral part of the principal " structure. (12) Exterior storage of materials. D. Additional Restrictions. For uses, other than principal uses, requirements as to lot size, setbacks, building, parking, landscaping, screening, etc. shall be at least comparable to similar uses in other districts, but also subject to additional provisions as provided by the City. 2. IISES SXCLIIDSD SSS Any use allowed or excluded in any other district unless specifically XCLIIDBD allowed under Uses Permitted of this district are excluded in R-3 Districts. 3. LOT RSQIIIR�S AND SETSACKS OT BQIIIRffiKENTS Lot requirements of this Section are for three (3) or more dwelling S$TBACKS units. Two-family dwellings in this district shall be subject to the R-2 District regulations and one-family dwellings shall be subject to the R-1 District regulations. A. Lot Area. ' (1) A lot area of not less than 10,000 square feet is required for a three (3) family dwelling. ' (2) A minimum lot area of 15,000 square feet is required for a four (4) family dwelling with an additional 1,000 square feet for each unit over four (4). (3) The average lot area required per dwelling unit shall not be less than 2,500 square feet per unit for the first three (3) stories with an additional 950 square feet per unit from the fourth through sixth stories. (4) For each underground parking stall, 300 square feet may be 1.19 deducted from the minimum lot area requirement. B. Lot Width. (1) A minimum lot width of seventy-five (75) feet is required for a three (3) family dwelling. (2) A minimum lot width of eighty-five (85) feet is required for a multiple dwelling of four (4) or more units. C. Lot Coverage. Not more than twenty percent (20�) of the lot area shall be covered by the main building and not more than thirty percent (30�) of the lot area shall be covered by the main building and all accessory buildings. D. Setbacks. � (1) Front Yard: A front yard with a depth of not less than thirty-five (35) feet - is required for all structures. (2) Side Yard: (a) Two (2) side yards are required, each with a width of not less than fifteen (15) feet, except where the height of the building exceeds thirty-five (35) feet, one (1) additional foot of width on each side yard is required for each four (4) feet, or portion thereof, of building height in excess of thirty-five (35) feet. (b) Where a driveway is to be provided in the side yard, the minimum required side yard is twenty-five (25) feet. (c) Whereard re e re entbissa min mum off thirty fi e�(35)tfeetide Y � (d) Accessory buildings shall be set back a minimum of five (5) feet from any property line in the side and rear yards not adjacent to a street right-of-way. Those structures adjacent to street right-of-way shall be set back thirty-five (35) feet. (3) Rear Yard: A rear yard with a depth of not less than twenty-five percent (25�) of the lot depth is required, with not less than twenty-five (25) feet permitted or more than forty (40) feet • required for a multiple dwelling building, and not less than thirty (30) feet permitted or more than seventy-fi rovided feet required for any other kind of main building, p . that one (1) additional foot of depth for rear yard is required for each two (2) feet or portion thereof of building height in excess of thirty-five (35) feet. 4. BIIILDING RF3QIIIRSI�NTS IIILDING LQIIIRSI�NTS A. Height. A maximum of six (6) stories, but not exceeding sixty-five (65) 1.20 feet, provided that no building shall be erected to a height exceeding forty-five (45) feet within fifty (50) feet of any R-1 or R-2 District, without one (1) additional foot of space between the main building and the R-1 and R-2 District for each one (1) foot or portion of building height over forty-five (45) feet. B. Exterior Materials. The type of building materials used on exterior walls shall be face brick, natural stone, specifically designed precast concrete, factory fabricated and finished metal frame paneling, glass or other materials approved by the City. C. Storage Space. Forty (40) square feet of floor area, floor to ceiling, shall be provided per dwelling unit for storage. A minimum of twenty (20) square feet of storage shall be provided in the dwelling exclusive of the dwelling unit. The remaining required storage area may be located anywhere on the lot (as hereby defined herein) provided this area is convenient and not located or included in the storage space within each individual dwelling unit. The storage space for each dwelling unit shall be enclosed and separated from other storage spaces. D. Laundry Facilities. One (1� washer and one (1) dryer will be required in structures containing 4 units. Two (2) washers and two (2) dryers will be- required in structures containing five (5) to twelve (12) units. One (1) washer and one (1) dryer will be required for each eight (8) units or fractions thereof in structures containing thirteen (13) to 100 units. One (1) washer and one (1) dryer will be required for each additional ten (10) units or fraction thereof in those structures containing over 100 units. E. Floor Areas. (1) An efficiency apartment is a dwelling unit which contains not less than 400 square feet or more than 525 square feet of floor area in a multiple dwelling in which there may or may not be a separate bedroom. In any one (1) structure containing four (4) dwelling units or more, not more than twenty-five percent (25�) of the units shall be efficiency units. (2) Except for efficiency apartments, each single bedroom dwelling unit shall contain not less than 525 square feet in • total floor area and not less than 650 square feet in total floor area for two (2) bedrooms. For units containing more than two (2) bedrooms, the total floor area is increased not � less than 125 square feet more for each additional bedroom. Further, no room therein designated as a bedroom or actually used for regular sleeping purposes shall contain less than eighty (80) square feet of floor area exclusive of walls and partitions. F. Living Space. The dwelling structure site and each dwelling unit therein is designed to provide adequate and healthful residential living 1.21 space to its occupants. Each unit therein shall be designed to provide living space accommodations of not less than 200 square feet of floor area for each adult and 125 square feet of floor area for each minor in the unit. 5, pARKING Ri3QIIIREMENTS A. Reduction of Parking. When shown by the applicant that the provisions of space required for parking stalls due to the particular nature of the proposed use or other considerations would be an unnecessary hardship, reduction of parking stalls would be allowed provided that adequate open space is provided to meet the total number of required stalls. B. Additional Parking. When the provisions for parking space required for specific district uses is inadequate, the City may require additional off-street parking to be provided. C. Parking Ratio. (1) At least one and one-half (1-1/2) spaces per one (1) bedroom unit, plus one-half (1/2) space for each additional bedroom unit per dwelling unit. (2) (3) ARKING � S4IIIREMENTS At least one (1) off-street parking space shall be provided for each lodging room of a hotel or motel, plus one (1) additional space for each four (4) units of a hotel or motel complex. Handicap parking spaces will be provided as established in Table 55A of the State Building Code. D. Design Requirements. (1) Drainage. All driveways and parking areas, except those for less than four (4) vehicles, shall be graded according to a drainage plan which has been approved by the City. (2) Lighting. Any lighting used to illuminate an off-street parking area shall be shaded or diffused to reflect the light away from adjoining property and traffic. (3) Curbing. The entire perimeter of all parking areas in excess of four (4) stalls, access driveways, truck loading spaces or other hard surface areas that handle motor vehicle traffic shall be curbed with a poured six (6) inch high concrete curb and gutter. (a) Curbing shall be required around safety islands. (b) Curb cuts and ramps for the handicapped shall be installed as 1.22 � r . 0 �_ required by State law. (�) Construction shall be in accordance with curbing specifications on file at the City. (d) The City may exempt curbing: ((1)) Where the parking lot directly abuts a sidewalk which is sufficiently higher than the grade of the parking lot and satisfies the curbing requirements. ((2)) Where the City has approved future expansion. (4) Driveway Requirements. (a) A maximum driveway width of thirty-two (32) feet at the curb opening, excluding the entrance radii, can be constructed. . (b) The parking aisle shall be a minimum of twenty-five (25) feet in width for two-way traffic and eighteen (18) feet in _ width for one-way traffic. (c) The edge of the curb opening to a parking area with four (4) or more stalls shall not be closer to the nearest portion of a street right-of-way intersection than seventy-five (75) feet, or two-thirds (2/3) of the lot width, whichever is smaller. (d) Where a"T�� intersection exists, a drive may be located opposite the end of the intercepted street. (e) The minimum driveway angle to the street shall be sixty (60) degrees. (5) All parking and hard surfaced areas shall be: (a) No closer than twenty (20) feet from any street right-of-way. (b) No closer than five (5) feet from any side lot line, except for a common drive. (c) No closer than five (5) feet from any rear lot line unless adjacent to an alley, then the setback shall be increased to fifteen (15) feet. (d) No closer than five (5) feet from any building. • � (e) Curbed with minimum driveway access radii of ten (10) feet to match the existing street curb. ' (6) Off-street parking shall be provided for all vehicles concerned with any use on the lot. (7) Parking lots with more than four (4) parking stalls shall be striped. (8) Sufficient concrete areas may be required for motorcycle parking in addition to the required vehicle parking stalls. 0 1.23 (9) (lo) (11) Bike racks may be required in an area that is convenient to each major building entrance and will not disrupt pedestrian or vehicular traffic or fire lanes. Safety signs, markings and traffic control devices may be required to promote vehicular and pedestrian safety. Parking stalls may be nine (9) feet in width for multiple dwellings and multiple dwelling complexes, including rental and condominium apartments. (Ref. Ord. 952, 971) 6. LANDSCAPI3 Rl's4IIIR�s i,ANDSCAPE RL4IIIREMBNTS A. Scope. All open areas of any site, except for areas used for parking, driveways, or storage shall be landscaped and incorporated in a landscape plan. (1) All new developments requiring a building permit shall comply with the requirements of this section. (2) Existing developments shall comply with the requirements of this section if one or more of the following applies: (a) At the time of a building expansion or alteration whicoh dictates the necessity for additional parking hardsurface areas in excess of four (4) stalls. (b) Building alterations which dictate a change in use such that the parking area must be expanded in excess of four (4) stalls. (c) Construction of additional loading docks. (d) Construction of new parking areas in excess of four (4) stalls. (3) If full compliance cannot be achieved due the City constraints, partial compliance as determined by shall be enforced. (4) The requirements of this section shall not be required for building alterations which do not affect the exterior portions of the site. B. Bonding Requirement The City shall retain a performance bond, cash or letter of credit, as required in Section 205.05.06.A.(3) of the zoning code for one growing season after the installation of landscape materials is completed. C. Plan Submission and Approval. (1) A landscape plan shall be submitted to and approved by the City prior to issuance of a building permit or prior to approval of outsid lanm shall e not be required for broutine improvements. A P replacement of existing materials or the installation of new materials when not associated with a building project. 1.24 0 0 (2) The following items shall appear on the landscape plan: (a)General. ((1)) Name and address of owner/developer. ((2)) Name and address of architect/designer. ((3)) Date of plan preparation. ((4)) Dates and description of all revisions. ((5)) Name of project or development. ((6)) Scale of plan (engineering scale only) at no smaller than 1 inch equals 50 feet. . ((7)) North point indication. (b) Landscape Data. • ((1)) Planting schedule (table) containing: ((a)) Symbols. ((b)) Quantities. ((c)) Common names ((d)) Botanical names. ((e)) Sizes of plant material at time of planting. ((f)) Root specification (B.R., B& B, potted, etc.). ((g)) Special planting instructions. ((2)) Existing tree and shrubbery, locations, common names and approximate size. ((3)) Planting detail (show all species to scale at normal mature crown diameter, or spread for local hardiness zone). ((4)) Typical sections in detail of fences, tie walls, planter boxes, tot lots, picnic areas, berms, and other similar features. • ((5)) Typical sections of landscape islands and planter beds with identification of materials used. . ((6)) Details of planting beds and foundation plantings. ((7)) Note indicating how disturbed soil areas will be restored through the use of sodding, seeding, or other techniques. ((8)) Delineation of both sodded and seeded areas with total areas provided in square feet, and slope information. ((9)) Coverage plan for underground irrigation system, if any. 1.25 ((10)) Statement or symbols, to describe exterior lighting plan concept. (c) Special Conditions: Where landscape or man-made materials are used to provide required screening from adjacent and neighboring properties, a cross-section shall be provided through the site and adjacent properties to show property elevation, existing buildings and screening in scale. D. Landscaping Materials; Definitions. All plant materials shall be living plants. Artificial plants are prohibited. (1) Grass and ground cover. (a) Ground cover shall be planted in such a manner as to present ■ a finished appearance and reasonably complete coverage within twelve (12) months after planting, with proper erosion control during plant establishment period. . Exception to this is undisturbed areas containing natural vegetation which can be maintained free of foreign and noxious materials. (b) Accepted ground covers are sod, seed, or other organic material. The use of rock and bark mulch shall be limited to areas around other vegetation (i.e. shrubs} and shall be contained by edging. (2) Trees. (a)Over-story Deciduous. ((1)) A woody plant, which at maturity is thirty (30) feet or more in height, with a single trunk un-branched for several feet above the ground, having a defined crown which looses leaves annually. ((2)) Such trees shall have a 2 1/2 inch caliper minimum at planting. (b) Ornamental. ((1)) A woody plant, which at maturity is less than thirty (30) feet in height, with a single trunk un-branched for several feet above the ground, having a defined crown , which looses leaves annually. ((2)) Such trees shall have a 1 1/2 inch caliper minimum at _ planting. (c)Coniferous. ((1)) A woody plant, which a maturity is at least thirty (30) feet or more in height, with a single trunk fully branched to the ground, having foliage on the outermost portion of the branches year-round. 1.26 . ((2)) Such trees shall be six (6) feet in height at planting. (3)Shrubs. (a) Deciduous or evergreen plant material, which at maturity is fifteen (15) feet in height or less. Such materials may be used for the formation of hedges. Such materials shall meet the following minimum standards at time of planting: ((1)) Dwarf deciduous shrubs shall be eighteen (18) inches tall. ((2)) Deciduous shrubs shall be twenty-four (24) inches tall, except as in Section D below. ((3)) Evergreen shrubs shall be of the eighteen (18) inch classification. � (4)Vines. Vines shall be at least twelve (12) inches high at planting,and . are generally used in conjunction with walls or fences. (5)Slopes and Berms. (a) Final slope grades steeper than 3:1 will not be permitted without special approval or treatment such as terracing or retaining walls. (b) Earth berm screening parking lots and other open areas shall not have slopes exceeding 3:1. A minimum three (3) foot berm is required. E. Perimeter Landscaping; Standards. (1) In order to achieve landscaping which is appropriate in scale with the size of a building and site, the minimum standards apply: (a) One (1) tree for every one thousand (1,000) square feet of total building floor area or one (1) tree for every fifty (50) feet of site perimeter, whichever is greater. A minimum of thirty (30) percent of the trees required will be coniferous. (b) Two (2) ornamental trees can be substituted for every one (1) over-story deciduous shade tree. In no case shall ornamental trees exceed fifty (50) percent of the � required number of trees. (c) Parking and driving areas between the building and frontage . street shall be screened in the following manner: ((1)) A continuous mass of plant materials; minimum of three (3) feet in height at time of planting; or ((2)) A continuous earth berm with slopes no greater than 3:1 and a minimum of three (3) feet in height; or � ((3)) A combination of earth berms and plant materials such that a minimum of three (3) feet of continuous screening is achieved. 1.27 F. Interior Parking Lot Landscaping Standards. (1) Al1 parking areas containing over one hundred (100) stalls shall include unpaved, landscaped islands that are reasonably distributed throughout the parking area to ,break up the expanses of paved areas. Landscaped islands shall be provided every two hundred fifty (250) feet or more of uninterrupted parking stalls. (2) All landscaped islands shall contain a minimum of one hundred eighty (180) square feet with a minimum width of five (5) feet and shall be provided with deciduous shade trees, or ornamental, or evergreen trees, plus ground cover, mulch, and/or shrubbery, in addition to the minimum landscape requirements of this ordinance. Parking area la dslx p(6g shall be contained in planting beds bordered by inch raised concrete curb. (3) Trees shall be provided at the rate of one tree for each fifteen (15) surface parking spaces provided or a fraction thereof. G. Screening and Buffering Standards. (1) Where the parcel abuts park or residentially zoned property, there shall be provided a landscaped buffer which shall be constructed in the following manner: (a) A screening fence or wall shall oe ert S li e(s) Wabutting fthe (5) foot strip along the p P y Said fence or wall park or residentially zoned property• e�anent finished shall be constructed of attractive, p materials, compatible wi�h those used in the principal structure, and shall be a minimum of six (6) feet high and a maximum of eight (8) feet high. Chain link fences shall have non-wooden slats when used for screening purposes; or (b) A planting screen shall be constructed in a fifteen (15) foot strip and shall consist of healthy, fully hardy plant materials and shall be designed to provide a minimum year-round opaqueness of eighty (80) percent at the time of maturity. The plant material shall be of sufficient height to achieve the required screening. Planting screens shall be maintained in a neat and healthful condition. Dead vegetation shall be promptly replaced. (c) If the existing topography, natural growth of vegetation, � permanent buildings or other barriers meet the sta�na arbe for screening as approved by the City, they Y - substituted for all or part of the screening fence or planting screen. (2) All loading docks must be located in the rear or side yards and be screened with a six (6) foot high minimum solid screening fence if visible from a public right-of-way or if within thirty (30) feet of a residential districts. (3) shallXber comple ely screened from the ground �le el viewdfrom 1.28 K 0 contiguous residential properties and adjacent streets, except at access points. H. Credit for Large Trees. The total number of required over-story trees may be reduced by one-half (1/2) tree for each new deciduous tree measuring three (3) inches or more in diameter, or each new coniferous tree measuring eight (8) feet or more in height. In no event, however, shall the reduction be greater than twenty-five (25) percent of the total number of trees required. I. Credit for Existing Trees The total number of required new over-story trees may be reduced by the retention of existing over-story trees provided that the following conditions are satisfied: (1) Such trees are four (4) inches or greater in caliper measured six (6) inches from soil level. (2) For each existing tree meeting the requirement, two trees as required in section D above may be deleted. (3) Proper precautions to protect trees during development shall be indicated on grading plans submitted for plan review. Such precautions are outlined in section J. These precautions shall be included in the landscape surety. J. Irrigation. Underground irrigation shall be required to maintain all landscaped, boulevard, front and side yard areas. K. Installation. (1) The following standards shall be met when installing the required landscaping: (a) Plant materials shall be located to provide reasonable access � to all utilities. (b) Al1 required screening or buffering shall be located on the lot occupied by the use, building, facility or structures to be screened. No screening or buffering shall be located on any public right-of-way. (c) Sodded areas on slopes shall be staked. (d) Seeded areas shall be mulched with straw to prevent erosion. Hydro mulching is acceptable. (e) Oak trees shall be surrounded by snow fence or other means at their drip line to prevent compaction of their root systems. (f) Plantings shall not be placed so as to obstruct lines of sight at street corners and driveways. (g) No plant materials reaching a mature height of twenty (20) feet or more shall be planted within a twenty-five (25) 1.29 foot lineal path of the centerline of an overhead power line. (2) The applicant shall install all landscape materials within one year; but shall have three (3) years within which to install the required landscaping if the following minimum standards are met: (a)First year. ((1)) Al1 grading is completed, including installation of berms. ((2)) The required irrigation system is installed. ((3)) Areas to be seeded and/or sodded are installed. ((4)) Screening for adjacent residential areas is installed, if required. ((5)) Twenty-five (25) percent of the required over-story trees � are installed. ((6)) Twenty-five (25) percent of the perimeter landscaping is . installed. (b)Second year. ((1)) The remainder of the perimeter landscaping is installed. ((2)) Interior landscaping is installed. ((3)) Fifty (50) percent of the remaining required over-story trees are installed. (c)Third year. Any remaining landscaping shall be installed. L. Maintenance. (1) The property owner shall be responsible for replacement of any dead trees, shrubs, ground covers, and sodding. If any plant materials are not maintained or replaced, the property owner shall have, upon written notification from the City, one growing season to replace said materials before the City shall maintain or replace said plant materials and assess the property for the costs thereof. Plant materials need not be replaced specie for specie; however, in no case shall the number of plant materials be reduced from the minimum that is . required by this section when replacing dead plant materials. (2) Screen fences and walls which are in disrepair shall be � repaired. (3) All vacant lots, tracts, or parcels shall be properly maintained in an orderly manner free of litter and junk. (Ref. Ord. 960) 7. PLRFORb1ANCS STANDARDS A. Parking Requirements. 1.30 LRFORMANCL STANDARDS 0 - Existing Facilities: (1) Off-street parking facilities shall be no closer than twenty (20) feet from any street right-of-way. (2) Al1 driveways, parking areas and loading docks shall be surfaced with blacktop, concrete or other hard surface material approved by the City. B. Prohibited Parking. No outside parking or storage of motor vehicles shall occur except on approved hardsurface driveways and parking stalls. (Ref. 1017) C. Exterior Storage. a (1) A. Nothing shall be stored in the required front yard. (2) All materials shall be kept in a building or shall be fully screened, so as not to be visible from any public ' right-of-way. (3) The City shall reguire a Special Use Permit for any exterior storage of materials. D. Refuse. All waste materials, refuse or garbage shall be.contained in closed containers as required under the Chapter entitled ��Waste Disposal'� of the Fridley City Code. E. Screening. (1) Screening shall consist of a solid fence or wall not less than six (6) feet high in the side and rear yards and a maximum of four (4) feet high in the front yard, and shall not extend to within fifteen (15) feet of any street right-of-way line. Plantings may also be required in addition to, or in lieu of, fencing. The type, size and location of such plantings must be approved by the City. (2) Plantings shall not be placed so as to obstruct lines of sight at street corners and driveways. (3) The screening requirements shall be satisfied by the use of a screening fence or planting screen according to the ' following standards: (a) A screening fence shall be attractive and compatible with • the principal building and the surrounding land use. (b) A planting screen shall consist of a closely grown hedge, a row of trees, evergreens or other vegetation approved by the City. (c) If the topography, natural growth of vegetation, permanent buildings or other barriers meet the standards for screening as approved by the City, they may be substituted for all or part of the screening fence or 1.31 planting screen. (4) Screening of off-street parking shall be required for: (a) Any off-street parking area requiring more than four (4) spaces or adjoining an R-1 or R-2 District. (b) Any driveway to a parking area of four (4) or more spaces is within thirty (30) feet of an adjoining R-1 or R-2 District. (�) Any parking facility between the building and frontage street must be screened from the street by a hedge, solid fence or closely grown planting strip, at least thirty-six (36) inches in height. (5) All refuse and garbage storage receptacles and loading docks must be located in the rear or side yard and be totally screened from view from any public right-of-way. Provisions s must be taken to protect screening from vehicle damage. (6) Where any multiple dwelling district is adjacent to any other residential district, there shall be a minimum fisical ' (15) foot wide screening strip to provide for a phy separation. (�} All roof equipment, except alternate energy devices, must be screened from public view unless the equipment is designed as an integral part of the building and is compatible with the lines of the building. F. Drainage and Grade Requirements. A finished ground grade shall be established such that natural drainage away from all buildings is provided. The following minimum criteria shall apply: (1) The minimum elevation of finished grade shall not be less than one-fourth (1/4) inch rise per horizontal foot of setback measured from curb grade. (2) The City may specify a minimum finished ground grade for any structure in order to allow proper drainage and a minimum top of footing elevation to allow for connection to City utilities. G. Maintenance. It shall be the responsibility of the property owner to ensure that: (1) Every exterior wall, foundation and roof of any building or structure shall be reasonably watertight, weathertight and rodentproof, and shall be kept in a good state of maintenance and repair. Exterior walls shall be mtearslno r breaks rof extensive dilapidation due to cracks, deteriorated plaster, stucc ne bectk� Wood or other material that gives evidence of long q (2) The protective surface on exterior walls of a building shall be maintained in good repair and provide a sufficient covering and protection of the structural surface against its 1.32 deterioration. Without limiting the generality of this Section, a protective surface of a building shall be deemed to be out of repair if: (a) More than twenty-five percent (25�) of the area of any plane or wall on which the protective surface is paint is blistered, cracked, flaked, scaled or chalked away, or (b) More than twenty-five percent (25�) of the pointing of any brick or stone wall is loose or has fallen out. (3) Every yard and all structures, walls, fences, walks, steps, driveways, and landscaping and other exterior development shall be maintained in an attractive, well kept condition. (4) The boulevard area of a premises shall be properly r maintained, groomed and cared for by the abutting property owner. n H. Essential Services. (1) Connection is required on each lot served by City sanitary sewer. (2) Connection is required on each lot served by City water line. (Ref. 971) 1.33 205.10 R-4 MOBIL$ HOME PARR DISTRICT R$GIILATIONS 1. IISSS PERMITTED A. Principal Uses. The following is a principal use in R-4 Districts: Mobile home park developments B. Accessory Uses. The following are accessory uses in R-4 Districts: (1) Parking facilities (2) Individual storage buildings, with a maximum of 150 square feet per lot. (3) Private recreational facilities or a central building which includes swimming pools, tennis courts, laundry facilities, etc., intended solely for the use and enjoyment of the residents of the principal use and their guests. (4) Home occupations. C. Uses Permitted With A Special Use Permit. The following are uses permitted with a Special Use Permit in R-4 Districts: (1) Wind generators and other tower mounted energy devices exceeding a height of twenty (20) feet above the dwelling roof. (2) Solar energy devices NOT an integral part of the principal structure. (3) Exterior storage of materials. (4) Day Care Centers provided they are to be located in places of worship, schools or in other buildings. (a) 0 At least one (1) off-street parking space shall be provided for each 100 square feet of useable day care floor area. (b) Reduction of parking spaces may be allowed when provision of space required for parking stalls, due to the particular nature of the proposed use or other considerations, would be an unnecessary hardship. Adequate open space shall be provided to satisfy the total number of required parking spaces. (c) When the provisions for required parking space is inadequate, the City may require additional off-street parking be provided. (Ref. 864) (d) The minimum lot size is 12,000 square feet. Additional Restrictions. For uses other than principal uses, requirements as to lot size, setbacks, building, parking, landscaping, screening, etc., shall be at least comparable to similar uses in other districts, but 1.34 -4 DISTRICT ; SGULATIONS � SES SRMITTSD 0 0 � � also subject to additional provisions as provided by the City. 2. IISLS BXCLDDSD Any use allowed or excluded in any other district unless specifically allowed under Uses Permitted of this district are excluded in R-4 Districts. 3. LOT RSQIIIRBI�NTg p�NTD SBTBACKS A. Lot Area. (1) Each dwelling site in a mobile home park shall have a minimum of 3,500 square feet. (2) Each mobile home park shall have a minimum of ten percent (10�) of the total land area to be used for open space recreation areas. B• Lot Coverage. Not more than thirty percent (30�) of total area used for the mobile home park shall be covered by all units and accessory structures. C. Setbacks. No mobile home shall be placed any closer to a public street right-of-way than thirty-five (35) feet nor any closer to any other district than fifteen (15) feet. 4• PARRING RFsQIIIRSMBNTS A. Stall Provisions. T'wo (2) off-street parking spaces shall be provided for each unit unless the private access roads are surfaced to a thirty-six (36) foot minimum width. B. Curbing And Drainage. All interior streets shall have concrete curbs and the road surface constructed according to City standards to handle drainage according to a City approved drainage plan. S8S XCLIIDSD OT BQIIIRBMBNTS SSTBACRS ARKING EQIIIRBMSNTS 5. LANDSCAPS R23QIIIRS�NTS ANDSCAPl3 A. As of Februa $QIIIREi�NTS ry 1, 1983, the minimum landscaped area for all mobile home dwellings shall be thirty-five percent (35�) of the total site. B• All open areas of any site, except for areas used for parking, driveways or storage shall be landscaped and be incorporated in a landscape plan. ' C. The landscape plan shall be submitted for approval by the City, and indicate the location, size and species, and method and quantity of all proposed plants including designation of any existing vegetation which is to be removed or which will remain with construction. 6. PERFORMANCE STANDA1tDS A. Parking Requirements. All driveways and parking stalls shall be surfaced with blacktop, concrete or other hard surface material approved by the City. 1.35 BRFORMANCB STANDARDS B. Prohibited Parking. No outside Paro ed hardsurface dri ewaysv and parkingl stallsr except on app (Ref. 1017) C. Exterior Storage. (1) Nothing shall be stored in the required front yard. (2) Al1 materials shall be kept in a building or shall be fully screened, so as not to be visible from any public right-of-way. (3) The City shall require a Special Use Permit for any exterior storage of materials. D. Refuse. All waste materials, refuse or garbage shall be contained in ` closed containers as required under the chapter entitled "Waste Disposal" of the Fridley City Code. E. Screening. (1) Screening shall consist of a solid fence or wall not less than six (6) feet high in the side and rear yards and a maximum of four (4) feet high in the front yard, and shall not extend to within fifteen (15) feet of any street right-of-way line. Plantings may also be required in addition to, or in lieu of, fencing. The type, size and location of such plantings must be approved by the City. (2) Plantings shall not be placed so as to obstruct lines of sight at street corners and driveways. (3) The screening requirements shall be satisfied by the use of a screening fence or planting screen according to the following standards: (a) A screening fence shall be attractive and compatible with the principal building and the surrounding land use. (b) A planting screen shall consist of a closely grown hedge, a row of trees, evergreens or other vegetation approved by the City. (c) If the topography, natural growth of vegetation, permanent buildings or other barriers meet the stanclards for screening as approved by the City, they may be substituted for all or part of the screening fence or planting screen. (4) Screening of off-street parking shall be required for: (a) Any off-street parking area requiring more than four (4) spaces or adjoining an R-1 or R-2 District. (b) Any driveway to a parking area of four (4) or more spaces is within thirty (30) feet of an adjoining R-1 or R-2 District. (�) Any parking facility between the building and 1.36 � frontage street must be screened from the street by a hedge, solid fence or closely grown planting strip, at least thirty-six (36) inches in height. (5) All refuse or garbage storage receptacles and loading docks must be located in the rear or side yard, and be totally screened from view from any public right-of-way. Provisions must be taken to protect screening from vehicle damage. (6) Where any mobile home park district is adjacent to any other residential district, there shall be a minimum fifteen (15) foot wide screening strip to provide for a physical separation. (7) All roof equipment, except alternate energy devices, must be screened from public view unless the equipment is designed as an integral part of the building and is compatible with the lines of the building. F. Drainage And Grade Requirements. A finished ground grade shall be established such that natural drainage away from all buildings is provided. The following minimum criteria shall apply: (1) The minimum elevation of a finished grade shall not be less than one-fourth (1/4) inch rise per horizontal foot of setback measured from curb grade. (2) The City may specify a minimum finished ground grade for any structures in order to allow proper drainage and connection to City utilities. G. Landscaping. The following shall be minimum criteria for landscaping: (1) Sodding and landscaping shall extend acrqss the entire front yard and side yards, including the boulevard. (2) All other open areas of any site, except areas used for parking, driveways or storage, shall have ground cover and be landscaped with trees, shrubs, berms, and other landscape materials. (3) All uses shall provide water facilities to yard areas for maintenance of landscaping. (4) It shall be the owner�s responsibility to see that all . required landscaping is maintained in an attractive, well kept condition. � (5) All vacant lots, tracts or parcels shall be properly maintained in an orderly manner free of litter and junk. H. Maintenance. It shall be the responsibility of the property owner to ensure that: (1) Every exterior wall, foundation and roof of any building or structure shall be reasonably watertight, weathertight and rodentproof and shall be kept in a good state of maintenance and repair. Exterior walls shall be maintained free from 1.37 extensive dilapidation due to cracks, tears or breaks of deteriorated plaster, stucco, brick, wood or other material that give evidence of long neglect. (2) The protective surface on exterior walls of a building shall be maintained in good repair and provide a sufficient covering and protection of the structural surface against its deterioration. Without limiting the generality of this Section, a protective surface of a building shall be deemed to be out of repair if: (a) More than twenty-five percent (25�) of the area of any plane or wall on which the protective surface is paint is blistered, cracked, flaked, scaled or chalked away, or (b) More than twenty-five percent (25�) of the pointing of any brick or stone wall is loose or has fallen out. (3) Every yard and all structures, walls, fences, walks, steps, driveways, landscaping and other exterior development shall be maintained in an attractive, well kept condition. , (4) The boulevard area of a premises shall be properly maintained, groomed and cared for by the abutting property owner. � I. Essential Services. (1) Connection is required on each lot served by City sanitary sewer. (2) Connection is required on each lot served by a City water line. 1.38 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THE DAYOF_, �ggg. ATTEST: DEBRA A. SKOGEN - CITY CLERK Public Hearing: First Reading: Second Reading: Publication: January 4, 1999 January 4, 1999 February 8, 1999 March 1, 1999 1.39 NANCY J. JORGENSON - MAYOR MEMORANDUM PLANNING DIVISION Date: February 4, 1999 To: William W. Bums, City Manager ,�Y' From: Barbara Dacy, Community Development Direcior Scott J. Hickok, Planning Coordinator RE: Approval of an Official Summary of Text Amendment ZTA #98-03 INTRODUCTION The City Council is considering second reading of a zoning text amendment to allow day care facilities in an expanded number of locations in the R-1, R-2, R-3, and R-4 districts. The ordinance in its entirety is 44 pages in length. Therefore, a summary has been prepared for publication. RECOMMENDATION Staff recommends approval of the attached summary of text amendment, ZTA #98-03, as presented. 2.01 ORDINANCE NO. A SUMMARY OF AN ORDINANCE RECODIF EINDING SECTIONSCITY CODE, CHAPTER 205, ENTITLED ZONING , BY AM 205.07.01.C.(4), 205.08.01.C.(4), 205.09.O�CARE�FACILITIES ON PROPERTIES ALLOW, BY SPECIAL USE PERMIT, DAY THAT EXCEED 12,000 SQUARE FEET IN T L MULTSPNE UN T DISTRICT; AND� R_2, �O FAMILY DISTRICT; R-3, GENERA R-4, MOBILE HOME PARK DISTRICT. WHEREAS, the City of Fridley has been asked to consider a modification to the zoning ordinance to allow daycare facilities in an expanded number of locations; and WHEREAS, the City investigated a modification to allow day care facilities as a special use in residential districts R-1, R-2, R-3, and R-4; on properties exceeding 12,000 square feet; and WHEREAS, the Planning Commission held its public hearing for this matter on December 2, 1998, whereby the City solicited citizen comment regarding modification of the City Code. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FRIDLEY, MINNESOTA, AS FOLLOWS: SECTION 1. That Chapter 205 of the Code of Ordinances of the City of Fridley, Minnesota, be, and hereby is, amended by enacting modifications to Code Sections 205.07.01.C. (4), 205.08.01.C.(4), 205.09.01.C.(3), and 205.10.01.C.(4), to be entitled, numbered and read as follows: Section 205.07.01.C.(4) (4) Day Care Centers provided that they are located in places of worship, schools, or in other buildings. (d) The minimum lot size is 12,000 square feet. Section 205.08.01.C.(4) (4) Day Care Centers provided that they are to be located in places of worship, schools, or in other buildings. (d) The minimum lot size is 12,000 square feet. Section 205.09.01.C.(3) 2.02 � 0 (3) Day Care Centers provided that they are to be located in places of worship, schools, or in other buildings. (d) The minimum lot size is 12,000 square feet. Section 205.10.01.C.(4) (4) Day Care Centers provided that they are to be located in places of worship, schools, or in other buildings. (d) The minimum lot size is 12,000 square feet. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THE DAY OF , 1999. ATTEST: DEBRA A. SKOGEN - CITY CLERK Public Hearing: First Reading: Second Reading: Publication: January 4, 1999 January 4, 1999 February 8, 1999 March 1, 1999 2.03 NANCY J. JORGENSON - MAYOR Date: February 4, 1999 MEMORANDUM PLANNING DIVISION To: William W. Burns, City Manager ,�� !G � From: Barbara Dacy, Community Development Director Scott J. Hickok, Planning Coordinator Paul Bolin, Planning Assistant RE: Amendment to the Comprehensive Sign Plan for Holiday Companies INTRODUCTION In 1998, the City Council approved a comprehensive sign plan for the Holiday Complex at 240-250 57"' Avenue N.E. Dave Hoeschen, Holiday Companies has asked to redistribute the signage allowances for the complex due to Cub Foods purchase of Holiday Foods. SUMMARY Code Section 214.14, requires shopping center and multiple use buildings to have a comprehensive sign plan approved by the City. The purpose of this requirement is to assure that centers have a well planned, aesthetically pleasing appearance. The 1998 Holiday Plan identified sign types and sizes for Holiday Foods, . McDonalds, Gander Mountain, a bank, and A future tenant. Since that plan was approved, Holiday Foods has been purchased by Cub Foods. This request brings current the sign allowances for tenants as they exist and leaves room for future signage, where Holiday Companies anticipates that it will be required. RECOMMENDATION Staff recommends approval of the proposed amendment to Holiday's Comprehensive Sign Plan with the following stipulations: 3.01 1. All future signs shall be designed to have the same color and type profiles (not sign face, but, side portion of sign). 2. Any future reallocation of signage shall be identified in a Comprehensive Sign Plan amendment to be reviewed and approved by the City. 3. This amendment recognizes that 1227s.f. is the maximum square foot dimension allowed by the City's Sign Code and redistributes that full 1227 s.f. dimension (allowed for all four sides of the building) to three building faces. This amendment then, allows for no future signage on the west building face. 4. Future pylon signs (beyond the existing McDonald's sign) will require a comprehensive sign plan amendment, approved by the City, prior to issuance of a Sign Permit. 3.02 �OIIdC�/ Companies GEN. �)fFILE �:Shl W'EST 80th STFEE7 - ��All >DDRE55: P.Q BOY 1'_3 .�tINNEAPOUS. �1\ i;110 / PH. 51 �-H1q-gir)U! FAX 6�:-14:50•HH6d CREDITUFFiCE iiOl W. OLD SHAKOPFE RD.;' ��AIL.\DDRE55: P.(i. B(iA I_1b.�11NIVEAPULIS, �LtN •iiJdO/PH. b17-9'I-i-!OQ,'FAX 5IL9?i•5295 January 25, 1999 Mr. Paul Bolin Planning Assistant City of Fridley Municipal Center 6431 University Avenue NE Fridley, MN 55432 RE: 240- 250 57'th Ave NE, Fridley MN Dear Mr. Bolin; This letter is written regarding the allocation of our signage fo� the above property. We understand the property is allocated 1,227 sq ft of signage, which per agreement with city staff can be allocated anywhere on the building at our option. The allocation for the signage is as follows: McDonalds South Face existing ( See attached) 65 sq. ft. North Face existing (see attached) 101 sq. ft. Total 166 sa. ft. Gander North face existing ( see attached) 76 sq. ft. East face existing ( see attached) 101 sq. ft. South face existing( see attached) 101 sq. ft. Total 278 sa. ft. Cub* South face existing (see attached) To be proposed Total Future Tenant (East face) Future sign Total TOTAL SIGNAGE ON BUILDING 232 sq. ft. 426 sq. ft. 125 sq. ft. 658 sa. ft. 125 sa. ft. 1,227 sq. ft. * Note: Cub signs include their subtenants - Pharmacy, TCF etc. . ,` �� 11�.`/dliids �p,�pji��jDuM�Jtul' � ��� d soSTATf0t15TORE5 � I believe the attached accurately represents our previous conversations, however if you have any question or comments regarding these allocations, please don't hesitate to contact me at the above. Sincerely Holiday Companies � / ` / / ��✓ :�� � / David D. Hoeschen 3.04 � a � � , '.� �.r t��r� Er a:���,�(���hka��p3'��'�fre�i�N"''iJ �,�1)� '-. � �a t . � '�.d ! x'�'` �i ! .w r n. a r � � � � -... .. , �1 ✓� � � � �.,., �" .�a" h a r�i z d i s ', . . . . - H F C � .� ii y}Y � •c '' > :. . > > ' y; .�? �.... - ? `" , � r ,� ,� -�_ , r....,. . w. ..,.. � :� . . <. �,.. ; : ... .. . 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MEMORANDUM DEVELOPMENT �,�_ _ ,c :.ti DATE: February 26, 1998 r �� TO: William W. Bums, City Manager� �� ' FROM: SUBJECT Barbara Dacy, Community Development Director Scott J. Hickok, Planning Coordinator � .. .- ,J V�I�. DIRECTOR Comprehensive Sign Plan For Holiday Companies. Holiday Companies, as you know, is in the midst of reworking their interior spaces to make way for their newly acquired sporting goods store which is called, "Gander Mountain." As they move forward with interior alterations they also have approached the City and received permits for a mountain motif that will be constructed on the no�th, east, and south elevations of the existing Holiday Structure. The signage changes associated with Gander Mountain trigger the need for Holiday to apply for a comprehensive �ign plan. As you know, the Code states that all owners of shopping centers and multiple use buildings of three (3) or more businesses or industries must submit a comprehensive sign plan which must be reviewed by staff and approved by the City Council. Staff has reviewed and recommends approval of all but one of the components of the proposed Comprehensive Sign Plan submitted by Holidays Sign Consultant, Signia Design. The one component staff does not recommend for approval is the second pylon sign (to be located adjacent to Highway 694). David Hoeschen, Holiday, has indicated that this pylon sign may be installed in the future, but there are no immediate plans for fhis installation. Code Section 214.11.02 A allows one pylon sign per street frontage. The cumulative area for these signs may not exceed 80 s.f. As proposed, the second pylon sign along 694 would be 80 s.f. The existing McDonald's sign on 57�' Avenue is approximately 80.s.f. If both signs are allowed� a variance for the additional sign would be required. 3.12 STAFF RECOMMENDATION Staff recommends approval of all aspects of the Comprehensive Sign Plan for this complex, except for the pylon sign. If and when a variance is granted, that additional piece of pylon sign criteria couid be added to the plan. 3.13 9 H. �e sign structuze sh�Il bc all set�I and be eicher painccd oz [reated to pzevenc detezlorazion. L.ack of prope: nalntennr►ce ahe?1 be cause for zevoc�:Son of Lhe sign perait. I. The n;niacsm dis�ance to a rallroad crossfng is 350 feeC vher. the:e are lights and a gace, and S00 feec from a railzoad _- �rossiza vfthou: lig:�:s and/oz a gate. J. An� lighting vi2l be shfelded to not iapaiz the vision of any aocor veh:cle opezato; or to create a nuisance on •djoining prope:�y. , 214. 23. rYPES � SIZES � AFD SETEAf�CS FOft P AFD PI7D DISIRIG?S Sign requize�encs in Public and Planned Uait IIevelopment distrfcts vill be con:rol2ed by the City CounciZ vhen any development is planned. 214.14. SHOPPINC CF1:I'FRT AHD M7L?IpLE DSE EIIIIDIIiCS R�'� 1. �'iLhin I80 days of the adoption of this Chapter. alI ovne:s of «-'� s�:o?ping centers and multiple use buildings of three (3) -or more ` businesses or industries, if they have not already do�e so, mus: subsi: a co�p:ehensive sign plan to che City Council for app�oJal. � . 2. AI2 fu�uze signs erected vithin the shoppinb c�nter or nul:iple �se b::i:d:ng shall cor.fo:ra ro the cor.ditions of �he sign pla^ aad ma•: be s::b1ecc co conditior.s oche: than those in the distric; ress?a�ior.s ia o:der to promo�e uni_°orm sign appea:ance. 3. Exiscing signs vithin the shoppfng center or aultiple use b�_i?ding v?�ich do no: meet the zequirements of this Chap-.er and/o- sig� pla::, sha12 be defined as a Iegal nonconforming stgn, and shall ) he s�3je" :o the rest::ctions set fo:th in 21�.17.2.(B). (Re:. 8:�; . . Z i L.1 �. S I G?i P t�.�S I T REQII I R��TS ;. S:g- ?e:�ic. A. Befo:e a sign may be displayed in che City, the sign e:ector shal? file an application vith the City for permission to dis?Ia� such si�. . B. , A perm�it .is.. resJuired fo� all existing. nev; relocated. � mcdiiied o: tedesfgned.sig.^.s except those specificelly exe�p: urde: Section 214.15.IE. C. The issua�ce of a pe�-s:t aay also be subjECt to additional conditions ir. order to pronoce a no:e rensona;,le combinatfon of signs and to promote confo:mity vith the chazacter and uses of adjoir.ing p:operty. The conditions vill be subject to the disc:etion o: the City. Objections to the conditions can be appealed to the City Council by the applicant. D. �Signs erected by a nonpzofit organization are not exeapt from obtafning a sign perait. but the City aay vaive the fee zequirement. E. No permit is required to disp2ay the folloving signs. Zhis sha21 not be construed as ze2ieving the erector of a sign. oY ) the ovner of the property on vhich a sign is located from conforming vith the other provisions of this Chapter: 11/88 3.14 276.15.Oi. 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I � � O iY 2 ` � � � V/ N 3.23 0 w N 0 a O � a � � Z m � � a H m Of N � � w N N > O x m 4 O � d g 8 0 LL A O O ar � � n'm o�U m 4Q� S � � U I � i 3� ���US C �--� O < � �1 ���$ � -'Ll E x 6 N =1 p'4�' 1 3.24 U ) i C u � U � ) � 1 uj � � : m � N [ W ! > 2 O � a > w J Q W F � 0 N � W w Q N J O <_ w a a vvi � a eo 0 � h ' a � � 0 z� .� � a v� � ri N 7 m � N N 3.25 z Q o � �o�W � w W N J Z I LL O 3 W Q ��yO �.� Z :<¢yp�p`w �O'84Z¢ W 1 H¢ W O y . � �=axz< - . � o � �7 < p - - �n°NOVO 1 K N y N= > o ti H < � � 'v F- W Z�VI �vWioo�3 . 7 Z m 2 Q W Q Q i Z o � � N i � OI � i m y�i � ^ �� w al a O U Qi, N a� a � � 0 za �� a rn � � N m N � xs ti < O � i. � � � � LL � d � C .0 O � 10a � c� a � �a m � � ° : � o . m ; U : i0 =� C � � !:1 � -'�1 i9 =1 2a <_ 0 Date: February 4, 1999 MEMOR.ANDUM PLANNING DIVISION ,� To: William W. Bums, City Manager,�(>�Y' From: Barbara Dacy, Community Development Director Scott J. Hickok, Planning Coordinator RE: Extension on Special Use Permit, SP #98-01 and Variance Request, VAR #98-03 for the Holiday Stationstore at 242 57�' Avenue N.E. INTRODUCTION On March 2, 1998, the City Council approved a variance and special use permit to allow the construction of a new Holiday Stationstore. The petitioner has indicated that the project is scheduled for 1999 and will be completed during this calendar year. Chapter 205 of the City Code requires that once a variance or special use permit has been granted, the petitioner has 1-year to commence construction, or the approvals become null and void. The City Council has the discretion to extend that 1-year period upon timely request. A letter from Dave Hoeschen, Director of Real Estate, Holiday Companies has been attached for your review. RECOMMENDATION Staff recommends approval of the a 1-year extension for a Special Use Permit, SP #98-01 and Variance Request, VAR #98-03 for the Holiday Stationstore at 242 57"' Avenue N.E. 4.01 H011dt��/ Compan�es GES. OFFI( c: �a?n".bE�T SOth STREr" f. �IAII. -�DDRESS: Pt7. 30X I`_l ��IN�F.APOIIS. .b1N S,id401 PH_ 61? ,9 30-87qp � FAX 6I L 4 0 dHO4 CREDIT;;FFICE ,�i1 ,:.'.-)t_DStiAKf;PF`_RD.1:�tAILADDRE�S r?O.B(;�`?1bb11uf�EAPOL6.N1N55�10%PH.bI?-a?I �_00!PA'C6 _721-57.95 Direct Dial: 612/830-8727 Fax: 612/830-1674 E-mail: dhcesche@holidayco.00m February 1, 1999 Scott Hickok City of Fridley 6431 University Avenue N.E. Fridley, Minnesota 55432 RE: Extension of Special Use Permit, SP#98-01 and Variance Request, VAR#98-03 New Holiday Stationstore 242 57th Avenue N.E., Fridley, Minnesota • Dear Scott: On March 2, 1998 the Fridley City Council approved our request to construct a new Holiday convenience store and car wash on 57th Avenue. Since this project is scheduled to be completed in 1999, we ask for a one (1) year extension of our appravals ta allow us time to initiate construction. Please call me at 612/830-8727 if you have any questions. Thank you for your continued assistance. Very truly yours, HOLIDAY STATIONSTORES, INC. �� � David D. Hoeschen Director of Real Estate DDH/bms � �%%�r � � , � �% -wo./dwde Gp�ndRh�'�• „ � d , _" "� 57qTqN570f1E5 ■ � G � �. P,i r k=. ,Slr��<�Is . ,, int�•n,iiict City of Fridley TO: William W. Burns, City Manager �,���� FROM: John G. Flora�ublic Works Director DATE: February 8, 1998 SUBJECT: Flood Hazard Mitigation Grant Agreement PW99-023 We have received an agreement from the DNR for flood hazard mitigation. The grant authorizes DNR to contribute half of the cost for the acquisition of the three flood-prone properties in the Riverview Terrace area. The original amount was estimated at $300,000 and the grant would contribute $149,999 to the acquisition of those properties. Recommend the City Council authorize the Mayor and City Manager to execute the grant agreement to reduce the City cost in purchasing the flood-prone properties in the Riverview Heights area. JGF:cz Attachment 5.01 FLOOD HAZARD NIITIGATION GRANT AGREEMENT BETWEEN THE STATE OF NIINNESOTA AND THE CITY OF FRIDLEY THIS Grant is made between the State of Minnesota. acting by and through its Commissioner ofNatural Resources (hereinaRer the "State") and the City of Fridley (hereinafter the "Grantee"). ' WHEREAS. the State is authorized by Minnesota Statutes Section 103F.161 to provide tlood hazard mitigation grants to local units of govemment to conduct tlood plain damage reduction studies and/or plan and impiement flood mitigation measures; and WHEREAS. the Grantee has submitted an application to the State for a 800d hazard mitigation grant; and WHEREAS, the State has determined that the Grantee should receive flood hazard mitigation assistance; and WHEREAS, the Grantee represents that it is duty qualified and willing to perform the services set forth herein. NOW THEREFORE, it is agreed between the State and the Grantee as follows: 1.0 AMOUNT OF GRANT 1.1 STATE SHARE The State shall award the Grantee fifty percent (50%) of the total costs of the approved Project as identified in Section 2.1 (hereinafter , "Project"), or $149,999, whichever is less, for the costs authorized herein. T'he total obligation of the State for all compensation and reimbursemenu to the Grantee under this Grant shall not exceed S 149,999. 1.2 GRANTEE SHARE The Gantce is �quBed to ma�ch the State share of the costs of the Projecrt. In-kind services by the Grantee can constitute all or part of the Grantee's required share of costs provided that proper documentation of the in-kind services is provided to, and approved by, the State. 2.0 AUTNORIZED PROJECT 2.1 PROJECT PLAN The proceeds of this Grant are to be used solely for the Project, which is descnbed in Exhibit A, attached hereto. A detailed description of the nature and scope of the Project is described in the Project Plan dated December 1998, and as subsequently amended or revised, which is incorporated herein by reference. The Grantee agrees to take "befo►+e and afte�" photographs of the Project and provide them to the State. 2.2 ADMINISTRATION AND SUPERVIS[ON The Grantee shall be responsible for the adminish�ation, supervision, management and Project oversight that may be required for the work performed under this Grant 3.0 ACKNOWLEDGMENTS The Grantee agrees to acknowledge the State's financial support for the Project. Any statement, press celease, bid, solicitation, or other document issued describing the Project shall provide information reflecting that State funds were used to support the Project and will contain the foilowing language: This Project is made possible in part by a grant provided by the Minnesota Departrnent of Natural Resources, through an appropriation by the Minnesota State Legistature. Any site developed or improved by the Project shall display a sign, in a form approved by the State, stating the same information. c:myfiles. �idley.con.25Jan99 5.02 4.0 S.0 CONTACT PERSONS The State's authorized agent for the purpose of administration of this Grant is: David Johnson. FDR Hydrotogist Minnesota DNR Waters �00 Lafayette Road, Box 32 St. PauL MN SS I SS�1032 (651)215-1954 The Grantee's authorized agent for the purpose of adminisnation of this Grant is: COSTS 5.1 SZ John Flor� Director of Public Works Ciry of Fridley 6431 Universiry Avenue NE Fridley, MN 55432�383 (612) 571-3450 ELIGBLE COSTS Eligible costs are those cosu directty incurred by the Grantee that ane solely reiated to and necessary for producing the work products described in the Project Pian. EGgibk costs may include the following: S.i.l Advertising costs for bids and proposals; 5.1.2 Capital expenditures for facilities, equipment and other capita( assets as expressly approved in the Project Plan; 5.1.3 Materials & supp6es; 5.1.4 Architectural and engineering services; S.1S Construction management and inspection services; 5.1.6 Surveys and soil borings; 5.1.7 Actual construction of the Project; or 5.1.8 Travel, lodging and meal expenses of persons involved in the Project in the same manner and in no greater amount than provided for in the current "Commissioner's Plan" promulgated by the Commissioner of Employee Relations. Certain other types of costs may be e6g�ble provided that they are ( I) directly incurred by the Grantee; (2) are so(e(y nelated to, and necessary for, producing the work products described in the Project Plan; and (3) have prior written appnnval of the State. Any cost not defined as an eligible cost or not included in the Project Ptan shall not be paid from State funds committed to the Projeert. NONELIG�LE COSTS Noneligible costs for �imbursement means all cosu not defined as eligible costs, including but not limited to the following: 5.2.1 5.2.2 5.23 5.2.4 5.2.5 5.2.6 5.2.7 5.2.8 5.2.9 5.2.10 c:myfiles. &idley.coo251an99 Any costs incurred before the effective date of this Grant; Fund raising; Taxes, except sales tax on goods and services; Insurance, except title insurance; Attomey fees; except for acquisition and clearing title to land; 1-oans, grants, or subsidies to persons or entities for devebpment; Bad debts or contingency funds; [nteresr, Lobbyisu; and Political contributions. 2 5.03 6.0 PAYMENT OF GRANT MON[ES 6.1 RE[MBURSEMENT t'o obtain reimbursement for eligible cosu under this Grant, the Grantee shall provide the State with invoices and evidence that the portion of the Project for which payment is requested has been satisfactorily completed. All invoices shall be sent to the person designated in Section 4.0 hereinabove. Grantee shall submit invoices and evidence that any and all advance payments have been spent prior to requesting additional paymenu by the State. Invoices will be submitted for double the amount and should differentiate, when appiicabie, between the Federal and Non-Federal Project costs, as well as the State and local share of the Project cosu. No facsimiles will be accepted. Invoices must be received by the State within siacty (60) days after the completion of the Project or the expiration of this Grant as set forth in Section I l. l hereinbelow, whichever occurs first. Invoices received after that date will not be eligible for reimbursement. The State's authorized agent has final authority for acceptance of Grantee's services, determination as to whether the expenditures are eligible for reimbursement under this Grant, and verification of the total amount requested. The Grar►tee shall not receive payment for work found by the State to be unsatisfactory, or performed in violation of federal, state or tocal law, ordinance, rule or regulation. No more than ninety (90) percent of the State's share of the cost shall be paid by the State until the State ha� determined that the Grancee has satisfactorily fulfilled all of the terms of this Grant. The Grantee shall arrange for a tour of the Project areas prior to release of the fmal ten (10) percent of the funds. 7.0 ACCOUNTING AND AUDIT ! The Grantee shall maintain books, records, documents, and other evidence pertaining W the cosu and expenses of implementing this Grant to the extent and in such detail that will accurately reflect the total cost of the Project. The Grantee shall use generally accepted accounting principles. All records shall be netained for five (5) years after completion of the Project The State, its representative, or the legislative auditor shall have the right to examine books, records, documents, and other evidence and accounting procedures and practices relevant to the Grant 8.0 AMERICANS WITH DISABILITY ACT AND HUMAN RIGHTS The Grantee, in the conduct of the Project, shall comply with the Americans with Disabilities Act of 1990 (P.L. 100-336), Minnesota Statutes Chapter 363 (the Minnesota Human Rights Act), and Minnesota Statutes, Sections 181.59�0 and all appGcable rules and subsequent amendments. 9.0 WORKERS COMPENSATION The Grantee in the conduct of the Project shall compiy with the provisions for workers compensation in Minnesota Statutes, Section 176.181 Subdivision t and Section 176.182. 10.0 LIABII.ITY The Grantee agrees to indemnify and save and hold harmless the State, its agents and employees from any and all claims or causes of action arising from performance of this Grant by the Grantee, iu agents , conuactors or employees. This clause shall not be construed to bar any legal remedies the Grantee may have for the State's failure to fulfill iu obligations under this Grant. 11.0 TERM 11.1 EFFECTIVE DATE This Grant shall become legally effective upon such date as it is executed by the Department of Natural Resources and shall remain in effect until June 30, 2000 or until all obligations set forth in this Grant have been satisfactorily fulfilled, whichever occun first. 11.2 TERMIlYAT(OlY This Grant may be terminated by the State or the Grantee at any time with or without cause upon thirty (30) days written notice to the other party. (n the event of such a cancellation, the Grantee shall be entitled to payment determined on a pro rata basis for work or services satisfactorily performed. 11.3 AMENDMENTS This Grant may be amended in writing by the mutual consent of the State and the Grantee. c: myfiles. tiidley.con.251an99 5.04 r_ 12A ASSIGNMENT The Grantee shali neither assign nor transfer any rights or obligations under this agreement without the prior written consent of the State. 13.0 AiYTI-TRUST PROVISION The Grantee hereby assigns to the State of Minnesota any and all claims for overcharges as to goods and/or services provided in connection with the Grant nesulting from antitrust violations which arise under the antitrust laws of the United States and the antitrust laws of the State of Minnesota. 14.0 CHOICE OF LAW All matters relating to the performance of this Grant shatl be controlled by and determined in accordance with the laws of the State of Minnesota. IN WITNESS WHEREOF, the parties have caused this Grant Agreement to be duly executed intending to be bound thereby. 1. GRANTEE: 2. STATE OF MINNESOTA ACTING BY AND THROUGH ITS COMMISSIOPIER By: OF NATURAL RESOURCES Title• By Date• ` Tide: � DBtC: By: Title: Date- A certified copy of the Grantee's Resolution unconditionalty approving this Grant Agreement is attached as Exhbit B. c: myfiles.fridley.cou.25Jan99 4 5.05 This form 6as been approved by the Attorney GeneraPs Office. Exhibit A The Grantee shall be responsible for the acquisition of 3 flood prone properties as defined in the Project Appiiration dated December 1998 and as subsequently amended and herein incorporated by reference to this Agreement. Once the properties are acquired, the Grantee shail�remove substandard structures, disconnect utilities and restore topsoil and landscaping All demolition maLerial is to be disposed of in compliance with Federal, State and local standards. Properties acquired by the Grantee that are located in the flood plain shall remain in public ownership and shall have permanent deed resuictions recorded with the County Recorder to prevent the oo�strudion of buildings on the properties. Public facilities (ie. picnic shelters, restrooms) that are built in conformance with the Grantee's flood plain ordinance may be allowed in the flood fringe with the prior written approval of the state. All tlood way wnes aze restricted to permanent open space uses. Nothing in this Agreement shall be construed as prohibiting the Grantee from constructing a flood control project on lands acquired with State monies and special aid to local govemment monies. All project ezpenses not identified in the U.S. Army Corps of Engineers General Evaluxtion Report dated July, 1998, and as subsequentiy amended , and in Ezhibit A of this Agreement, must be apprnved by the State in writing rior to the Grantee incumng said expense. c:myfiles.tridley.con.251an99 S 5.06 STATE OF n�1IlVNESOTA COUNTY OF ANOKA CITY OF FRIDLEY } }§ } Exhibit B I, the undersigned, being duly qualified City Clerk of the City of Fridley, Minnesota, do hereby . certify that I have carefully compared the RESOLLTTION attached hereto, adopted by the City Council of the City of Fridley at said meeting on January 4, 1999, with the originat record thereof on file in my office, and the same is a full, true and complete transcript therefrom insofar as the same relates to: RESOLUTION NO.1-1999 RESOLUTION AUTHORIZING FLOOD DAMAGE AGREEMENTS WITNESS NIY HAND as City Clerk of the City of Fridley and the seal of the City this 7`� day of January, 1999. (SEAL) Debra A. Skogen City Clerk of the City o ri 5.07 Exhibit 6(1) RESOLUTION NO. 1 - 1999 RESOLUTION AUTHORIZING FLOOD DAMAGE AGREEMENTS BE IT RESOLVED that John G. Flora, hereinafter refened to as "Authorized Official" act as legal sponsor for the Riverview Terrace Improvement Project No. ST. 1999 - 1 contained in ttte Flood Damage Reduction Grant Assistance Program Application submitted on December 31, 1998 and that the Authorized Official is hereby authorized to apply to the Minnesota Deparhnent of Natural Resources, hereinafter referred to as "State," for funding of this project on behalf of the Applicant. BE IT FURTHER RESOLVED that the Applicant has the legal authority to apply for fmancial assistance, and the institutional, managerial and financial capability to ensure adequate acquisition, maintenance and protection of the proposed project. BE IT FURTHER RESOLVED that the Applicant has not incurred any construction costs or has not entered into any written agreements to purchase property proposed by this project. BE IT FURTI-�R RESOLVED that the Applicant has not violated any Federal, State, or local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice. BE IT FURTHER RESOLVED that upon approval of the application by the State, the Authorized official may enter into an Agreement with the State for the above-referenced project, and that the Applicant certifies that it will comply with all applicable laws and regularions as stated in the contract agreement. NOW, THEREFORE, BE IT RESOLVED THAT, John G. Flora is hereby authorized to execute such Agreements as are necessary to implement the project on behalf of the Applicant. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 4TH DAY OF JANUARY, 1999. ATTEST: DEBRA A. SKOGEN - CITY CLERK ROBERT L. BARNETTE - MAYOR PRO TEM 5.08 . r To: From: Date: Subject: �oF F� U � PUBLIC•WORKS MEMORANDUM William W. Burns, City Manager �� � ��fi John Flora, Director of Public Works Paul Lawrence, Superintendent of Public Works January 22, 1999 Purchase of 2-1/2 Yard All Wheel Drive Loader The City advertised in the Focus and mailed bid proposals to 7 vendors for the purchase of a 2- 1/2 yard all wheel drive front end loader and attachments. Two firms submitted bid proposals for our consideration. RDO Equipment St. Joseph's Equipment Ziegler Inc. Long Lake Tractor MacQueen Equipment Road Machinery Carlson Equipment $85,093.50 $85,711.20 No Bid No Bid No Bid No Bid No Bid Extended Warranty $2028.25 The 1999 Streets Budget has allocated $132,000 for the purchase of the loader and attachments. The new equipment is well under the budgeted amount. I recommend that the City Council accept RDO Equipment proposal in the amount of $85,093.50, including sales tax and the trade-in of the City's 1984 John Deere Loader. Purchase of the extended warranty for $2028.25 is also recommended bringing the total award to $87,121.75. 6.01 z 1�1 z a A � � W � O a z � a F� U � � � � � A a w w x � a � � O 0 � � � � � � � � C� � � � � N y � � � � � �: � r� A: � .��'. Q..... . � � [� N . - d �... N r. F'' �n. ^" O� O � o�o o�o F-� L}> � v� N O ""` oo C �z�: O N ��� E+: 69 6N9 "! o„: �!Q a; ;� 000 000 O v� v� O N N �.: O M M O �--� o�� ��� o a�—o v_c�t� U��`: o.v,vi o�n�n � � � � � cra v� �o„F. F< '. 000 000 000 �' � �°° ��� O zn . � N o+ -, o i.� W �^ � .� rn o0 .-I :� C� va c,s� v� va E-¢�; �. ,. O E-'.: _ _.. ;» _._ _ .._.... a: � A o: � U � Q N � q 'x N O� ��� �-�i � � � . N d : � �: V r� p.'! N � �s � ; A A A A �1 � � x �;� CG C� 04 Ca Ca �°.��,�aa �aa °z z° z° z °z 0 U�cy � N � � � i.,My � O � ca .-�. >, M a��i+ � � a"i � Q: � y1 � v1 p� 4" �C V1 F O � ��.., � � � a v� ._ � �n � �, v��i � �030'^ .a '^ �'' 3 vMi � � u 3 .� � aa� y�� '� o� �x� r��� ��� �� o „d 7 0 � a x ai u� U „ ,� � .� a� .� � � x � ,� y �o `s,':: r.�A'> Hai � �3� a3a ��3 �3 � � �. o � oo� �°� "�� �M� °�Qa �M� �30 f��� .:M..�� o0 o tda • o� � °'o ° 00 �n �o v� �� .7 cv .-7 ��n v� CL v� v� N c� OU City of Fridley TO: William W. Burns, City Manager ;� �� � �}� �Y FROM: John G. F1ora,�Public Works Director Jon H.�Haukaas, Assistant Public Works Director DATE: February 8, 1999 SUBJECT: Change Order No. 3 to 57�' Avenue Project No. ST 1997 - 4 PW99-021 Change Order No. 3 to the 57�' Avenue Project No. ST. 1997 - 4 covers a Supplemental Agreement and a credit due to the landscape subcontractor inadvertently installing 99 Compact Amur Maple shrubs with a size of 15 in. to 24 in. The contract documents specified a size of 30 in. The shrubs will be accepted but payment will be at 65% of the original contract price. The credit for this amounts to $1,386.00. The attached Supplemental Agreement No. 2 to the 57`� Avenue provides compensation to Forest Lake Contracting for changed conditions resulting from delayed access to the Hardees and Cattle Company properties. The delay forced Forest Lake to complete work on these parcels out of sequence from that shown in the contract documents. It became necessary to remobilize equipment and perform the work in a restricted work area. The cost associated with this work is a negotiated lump sum amount of $8,798.68. The net increase to the contract is $7,412.68. Recommend the City Council approve Change Order No. 3 to Project No. ST. 1997 - 4. JHH/JGF:cz Attachment 7.01 Mn/DUT TP21840-OZ (5/83) State of Minnesota - Department of TranspoRation CHANGE ORDER #3 Contractor: Forest Lake Contracting S.P. No. Address: 14777 Lake Drive � County Project Forest Lake, MN 55025-9461 City Project Contract No: SHEET .� OF _]_, 127-010-15,127-301-04 97-11-102 ST-1997-4 N.A. Location CR 102 (57th Avenue) from Main Street NE to University Avenue NE in Fridley in Anoka Co. [n accordance with the terms of this Contract you are hereby authorized and instructed to perform the Work as aitered by the following provisions: Revise the Unit Price as shown in Bid Schedule "D" Landscape for Item No. 2571.505, Deciduous Shrub 760 mm HT, due to the following adjustment. During the fall planting season, the landscape contractor inadvertently installed 99 Compact Amur Maple shrubs f with a size of 15" to 24". The contract documents specify a size of 760 mm (30"). In accordance with Standard Specification 1503 "Conformity with Plans and Specifications," and 1512 � "Unacceptable and Unauthorized Work," the 99 shrubs are hereby deemed not fully acceptable, but the material in question will be accepted at a reduced price. Payment for the 99 shrubs will be 65% of the contract unit price of $40.00 or $26.00 per shrub and subject to the provisions of 5-30 (2571) Plant Installation as shown on page 62 of the Special Provisions. ESTIMATED CHANGE IN COST ITEM NO. ITENI UNIT QUANTITY UNIT PRICE Ai�10UNT 4 2571.505 4 2571.505 DECREASE Deciduous Shrub 760 mm HT INCREASE Deciduous Shrub 760 mm HT ('HANC:F. TN C(�NTRACT TIME Due to this change, the Contract time: A. Is: increased [] by working [ J days decreased [ ] calendar [ ] B. Is: not changed [XJ C. May be revised if the work affected the controlling operation Original to Contractor cc: Contract Admin. Engineer Project Engineer Materials Office Shrub 99.00 Shrub � 99.00 Issued by: _� Project Approved by: Approved by: 7.�2 $40.00 $26.00 NET DECREASE $ 3,960.00 $ 2 74. $ 1,386.00 /�9- qq , Date � — 2�1j �� Date 'Z-b 5 s Authori d Rep. Date MN/DOT TP-02134-03 (5/88) Supp, to Contract No. ST�yE OF MINNESOTA DEPARTMENT OF TRANSPORTATtON � SUPPLEMENTAL AGREEMENT NO. _� sheet t ot �, Contractor: City Proj ST-1997-4 State Project No.: Forest Lake Contracting, Inc. County Proj 97-11-102 SAP 127-010-15 i SAP 127-301-04 Address: Location: 14777 Lake Drive County Road 102 (57th Avenue) from Main Street NE to University Avenue NE Forest Lake, MN 55025-9461 in Fridley in Anoka County. Pro. No. F.Y. Account I.D. Dept./Div. Sequence No. Su�x Object Vendor Type Amount 01 V Purchase Terms Asset No. C.CD.1 C.CD.2 C.CD.3 C.CD.4 C.CD.S OOONET • TYPE OF A40 ( ) A41 ( ) Dated Number Entered by TRANSACTION: A44 ( ) A45 ( ) A46 ( ) Dated Number Entered by Yhis contract is amended as follows: W HEREAS: W H ER EAS: W HEREAS: WHEREAS: this contract provides for, among other things, construction staging for the reconstruction of 57th Avenue NE, and subsequent to awarding the Contract, there was a delay in securing the easements for Parcel 2(Cattle Company Restaurant) and Parcel 3(Hardees Restaurant), and a portion of the work on these parcels was completed in a different sequence other than what was shown in the Contract documents, and the Engineer has determined that the Contractor is entitled to additional compensation for performing the work in a restricted work area and remobilizing equipment. NOW, THEREFORE, IT IS MUTUALLY AGREED AND UNDERSTOOD THAT: 2. K� The Contractor shall complete all the work as shown in the Construction Stage plans, Phase 1, Stage 2. The Contractor shall be paid at a negotiated lump sum of $8,798.68 for compensation which includes, but not limited to, mobilization, performing work in a restricted work zone, downtime and all other extra costs resulting from completing the remaining work that was scheduled in Phase 1, Stage 2, on Parcels 2 and 3. Contract time provisions will not be adjusted except as may be provided in Mn/DOT Specification 1806. APPROVED: Commissioner of Administration By Dated APPROVED: Commissioner of Finance By Dated Original Contract Approved as to form and execution Assistant Attomey General Original to State Auditor - Copy to Agency Z■03 Dated ��B-`l9 Dated � � , Dated � Project Engineer Contractor y�y sr� ��e � �� Dated ?S � � -�i County Engineer � , TP-02134-03 (5/88) Supp. to Contract No. � ,irE OF MINNESOTA DEPARTMENT OF TRANSPORTATION SUPPLEMENTAL AGREEMENT NO. 2 sheet 2 ot 2 Contractor: City Proj ST-1997-4 State Project No.: County Proj 97-11-102 SAP 127-010-15 Forest Lake Contracting, Inc. SAP 127-301-04 Address: Location: 14777 Lake Drive County Road 102 (57th Avenue) from Main Street NE to University Avenue NE Forest Lake, MN 55025-9461 in Fridley in Anoka County. Pro. F.Y. Account I.D. Dept./Div. Sequence No. Suffix Object Vendor Typ Amount No. 01 e V Purchase Asset No. C.CD.1 C.CD2 C.CD.3 C.CD.4 C.CD.S Terms OOON ET TYPE OF A40 ( ) A41 ( ) Dated Number Entered by TRANSACTION: A44 ( ) A45 ( ) A46 ( ) Dated Number Entered by This contract is amenaea as �����w�. ������������, 4. The Contractor will not make claim or of any kind or character whatsoever for any other costs or expenses which he may have incurred nor which he may hereinafter incur in performing the work or fumishing the material required by this agreement. ESTIMATE OF COSTS Item Unit uanti Unit Price Amount Change Conditions LS 1.00 $8,798.68 $8,798•68 Increase to Contract by this Agreement =$8,798•68 APPROVED: APPROVED: Original Contract Commissioner of Commissioner of Administration - Finance Approved as to form and gy - By execution Dated Dated Assistant Attomey General Original to State Auditor - Copy to Agency �■O� !�-�o �, � � � s Dated �' - Qq ,l� � Pro�ec ngineer Dated i� � ��� t������ ��� Contractor > Dated � L j d ngineer Dated County Engineer TO: WILLIAM W. BURNS, CITY MANAGER ���� FROM: WILLIAM A. CHAMPA, MANAGEMENT ASSISTANT BRIAN STRAND, VIDEO SPECIALIST SUBJECT: AUTHORIZATION FOR THE CITY MANAGER TO PURCHASE EQUIPMENT AND FURNISHINGS FROM E.T.C. DATE: FEBRUARY 5,1999 In conducting our inventory at the public access studio, we have identified several items belonging to E.T.C. that could be integral to providing public access services. While we have not yet determined exactly what pieces of furnishings and equipment we will need to support our existing equipment, we believe it is appropriate to authorize the City Manager to negotiate with E.T.C. on the purchase of any or all of these items. The studio curtains aze one item purchased by E.T.C. that we might need. Staff recommends that Council authorize the City Manager to enter into negotiations with E.T.C. for the purchase of equipment and furnishings, including, but not limited to, the studio curtain. 8.01 � � CfTY OF FRIDLEY CLAIMS FEBRUARY 8,1999 CLAIMS 85258 - 85487 10.01 0 4TY OF FRIDLEY Tvpe of License FOOD Billiard Street Cafe 7178 University Avenue NE Fridley, MN 55432 LICENSES FEBRUARY 8,1999 � LAWFUL GAMBLING (TEMPORARY) Dolina Polish Folk Dancers 1624 Como Avenue Saint Paul, MN 55116 Approved By: Police Department Fire Department Planning; Inspection Police Department Fire Department PEDDLER (RELIGIOUS AND CHARITABLE ORGANIZATIONS) VFW Post #363 1040 Osborne Road Fridley, MN 55432 .....■ Fees• $ 45.00 Request Fee Waiver Police Department None Planning Department � � QiY OF FRIDLEY LICENSES FEBRUARY 8, 1999 GAS SERVICES Mueller Plumbing & Heating 36605 Lincoln Tr North Branch MN 55056 � Michael Mueller Practical Systems 14226 Norden Dr Rogers MN 55374 Scott Sporer GENERAL CONTRACTOR-RESIDENTIAL Fireplace Center(3119) 12460 Wayzata Blvd Minnetonka MN 55305 Mike Seifert Northwest Exteriors (2577) 650D Walker St St Louis Park MN 55426 Lyn Andersen PMJ Group Inc 9219 Telford Crossing N Brooklyn Park MN 55443 Phil Juaine Stewart Remodeling Advantage (5204) 8014 Olson Memorial Hwy #140 Golden Valley MN 55427 Mike Stewart T W Remodeling Inc 9323 Magnolia Ln N Maple Grove MN 55369 Todd Walock HEATING Mueller Plumbing & Heating 36605 Lincoln Tr North Branch MN 55056 Michael Mueller PLUMBING Kal's Plumbing Co Inc 7101 W Palmer Lk Dr RON NLKOWSKI Building Official Same STATE OF MINN Same Same Same Same RON JULKOWSKI Building Official Brooklyn Center MN 55429 Richard Kaliszewski STATE OF MINN . Mueller Plumbing & Heating 36605 Lincoln Tr North Branch MN 55056 Michael Mueller Same 11.03 � � CRY OF FRIDLEY Frederic W. Knaak, Esq. Holstad and Knaak, P.L.C. 3535 Vadnais Center Drive St. Paul, MN 55110 ESTIMATES FEBRUARY 8, 1999 Services Rendered as City Attorney for the Month of January, 1999 .......................................................... $ 5,000.00 Forest Lake Contracting 14777 Lake Drive Forest Lake, MN 55025 County Road 102 (57�' Avenue) Reconstruction Project No. ST. 1997 - 4 EstimateNo. 6 ................................................................................... $ 44,583.40 Memorand��un �1 y To: William W. $urns, City Manager �� From: David H. Sallman, Directm uf Public SafetyV� Dabe: January 28, 1999 Re: Local Law Enforcement Block Grant The City of Fridley has been selected to receive funds in the amaunt of �18,506 in connection with the Local Law Enforcement Block Grant Program. In order to receive the fimds, the following conditions need to be met. 1. On Tuesday, .Ianuary 19, an advisory board consisting of the recommended agencies met and discussed used of the funds, making their recommendatians as per the attached sheet. 2. Upon completion of the advisary board's recommendations, a public hearing needs to be held. The first published Public Hearing notice indicated the hearing was scheduled for January 25. A second publication has been sulxnitted for inclusion in the Febntary 3 issue of the Focus with the Public Hearing date scheduled fa Febcvary 8 cauncil meetmg. We do not anticipate a large response to this non-controversial issue. Given the limited amount of funds available through this blodc grant, and the other grant funding sources aiready in place, it was felt that purchasing equipment was the best use ofthese funds. 13.01 PUBLIC HEARING . BEFORE TI-� CITY COUNCII. 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, February 8, 1999 at 7:30 PM for the purpose of Review and approval of the nonbinding recommendations made by the Law Enforcement B1ock Grant Advisory Board. The Block Grant funding program was established for the purpose of reducing crime and improving Public Safety by making funds available to units of local government. (Public Law 104-134) Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. Any questions related to this item may be referred to the Police Department at 572-3638. Heaxing impaired persons planing 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 Februaxy 5, 1999. Publish: February 3, 1999 Nancy J. Jorgensen Mayor 13.02 January 15, 1999 TO: Loca1 Law Enforcement Block Grant Advisory Board FROM: Rosie Griep, Special Projects Fridley Police Department As a 1999 recipient of Bureau of Justice Assistance funding, we are required to establish or designate an advisory board to review the application and make nonbinding recommendaiions for the proposed use of these funds. This boazd must include representatives from: Local law enforcement Local prosecutor's office Local court system Local public school Local community group active in crime prevernion. As a representative for one of the above-mentioned agencies, we would appreciate your participation in this process. We ha.ve been awazded $23,331 with an expectation of matching funds from the city in the amount of $2,592 for a total project amount of $25,923. The seven purpose azeas aze: I Law Enforcement — Hiring, overtime, equipment II Enhancing security in and azound schools III Establishing/supporting drug courts IV Enhancing adjudication of violent offenders V Establish a muhijurisdictional task force VI Establish crime prevention programs in cooperation with community residents VII Costs of indemn�cation insurance for law enforcement. We currently have numerous programs funded that address efforts in areas II, V, and VI. We do not at this time need funds for VII and the funding allotted is not sufficient to significantly impact areas III and IV. We have, therefore, applied for funding under Purpose Area I for purchase of equipment. (We have two grants funding overtime and another grant for hiring two police officers.) Attached you will find a proposed list of equipment, fts cost, and its purpose. We aze at this tune asking for your input/ support of the purpose area, the items under consideration and their use. 13.03 In addition, a public hearing has been scheduled for Monday, January 25 to allow the public an opportunity to provide their views on the proposed allocation of funds per grant iequiremetrts. Your comments, concerns and guidance wiIl be greatly appreciated regazding the proposed use of the funds. If possible, please respond prior to 4:00 PM on Monday, January 25 by calling 572-3638 or if you wish to join us, please feel free to attend the public hearing. I look forward to hearing frorn you. 13.04 e PURPOSE AREA I— Law Enforcemern Funds C: Equipment Item Funding Source Amount Furpose Porta.ble projection unit LLEBG $4,900 Neighborhood Portabie screen Matching funds $ 385 Resource Officer — For use at neighborhood block meetings Digital Camera LLEBG $1,200 Domestic Violence docu�entation Printer, accessories, Software Matching funds 900 Combat Curtin For gun range LLEBG $3,700 Officer Safety in training Panasonic laptop LLEBG $5,500 For use in squad car This is a ruggedized version. One of the non-ruggedized laptops now in a squad wili be used With the projection unit by Che NROs. Python Radar Gun LLEBG $1,500 Reduction of residential speeders Tape Recorders Matching funds $1,500 For use by officers Speed spilces LLEBG $2,500 Reduce high speed chase situations Sqvad Room Mod�cations LLEBG $4,838 Improve pa.trol azea for ease of Operations and reduction of time Spent offthe street. 13.05 MEMOR.ANDUM HOUSING DIVISION DATE: February 5, 1999 TO: William W. Burns, City Manager �� � FROM: Barbara Dacy, Community Development Director Grant Fernelius, Housing Coordinator SUBJECT: Public Hearing Regarding 1999 CDBG Program As part of the application process for CDBG funds, the City must conduct a public hearing to review the projects proposed for funding. This represents the first step in the process. The second step will be formal approval of the application by resolution which will occur later in the agenda. The public hearing was advertised in the January 14th edition of the Focus News. In addition, those agencies who received public service funding in 1998 were also notified of the hearing. Community Development Block Grant (CDBG) funds are provided by HUD and awarded to Anoka County directly. Anoka County is an entitlement county and allocates the funds to each city based on a formula that considers population, percentage of low income residents and housing stock. The funds must be used to achieve one of the following national objectives: 1. Benefit low and moderate income residents, or 2. Help prevent slum and neighborhood blight, or 3. Meet other urgent community needs when no other resources are available. In 1999, the City of Fridley is scheduled to receive approximately $145,005 in CDBG funds, which is the same as 1998. The funds will become available on July 1, 1999 and must be spent by December 31, 2000. This year staff is proposing to use the CDBG funds for single family housing rehabilitation, code enforcement and public services. The suggested funding levels are on the following page. 14.01 CDBG Memo February 5, 1999 Page 2 A tivit Housing Rehabilitation Public Services ACCAP Alexandra House SACA Fridley Rec. Program Fridley Senior Center Code Enforcement Intern County Administration Charge $8,500 $3,000 $2,500 $4,000 $4,000 Amount 14 $112,005 73% $22,000 18% $10,000 $1,000 $145,005 8% 1% For the most part, these activities are consistent with what the City has funded in the past. Staff is proposing a new activity,for 1999 which would help support the systematic code enforcement initiative that began last year. The funds would be used to pay for a part-time intern to work up to 20 hours per week in the Planning Division. The assumptions are that the position would be filled by a college intern or graduate student earning $9.80 per hour. The $10,000 budgeted would cover the cost of the position for an entire school year. Other Information Attached is a copy of the proposed funding levels and an implementation schedule for 1999. In addition, we have also attached copies of requests which were received from Community Emergency Assistance Program (CEAP) and the Father's Resource Center. Both of these were unsolicited proposals. Recommendation Staff recommends that the City Council conduct the public hearing on February 8, 1999. Enclosure ►� • • , 14.02 0 1999 DISTRIBUTION OF CDBG FUNDING (Revised: 12/28/1998) Grant Amount County Portion (Admin, Rehab, Economic Development) ities Area I Blaine Columbia Heights Fridley Anoka Coon Rapids Area II East Bethel Lino Lakes Spring Lake Park Andover Ham Lake Area III Ramsey Oak Grove Linwood Circle Pines Burns Columbus Area IV Hilltop Lexington Bethel St. Francis Centerville Hll�T1NIFERICDBG11999�DISTUPDT 14.03 $1, 841, 000 (Rounded) 464,000 176,873 222,667 145,005 161,912 275,400 42,605 36,063 29,165 53,372 39,750 32,483 28, 596 17, 808 9,974 10,355 19,253 12,602 20,284 8,019 27,457 7,351 Dec. 14-31 Jan. 4 - Feb. 19 Jan. 7 Jan. 26- Feb. 19 Feb. 17 Feb. 19 Feb. 19 - 26 Feb. 19 - Mar. 8 March 9 Mar. 10 - 22 March 23 April 13 April 13 Apri1 16 ANOKA COUNTY CONIl�IUNITY DEVELOPMENT BLOCK GRANT TENTATIVE WORK SCHEDULE - 1999 Initial discussions among local staff/elected officials concerning new projects City\County discussions about eligible new projects and local hearings Informational meeting at Anoka County with interested city staff City develops and submits grant requests to County Submit 30 day Citizen Participation Notice to newspaper Publish 30 day Citizen Participation Notice to newspaper County assist cities/towns to refine 1999 applications, gathering local project summary descriptions, approvals, etc. County developments final gant request including all city/town projects, evidence of citizen participation, goal, objectives and budget HRA Management Committee reviews 1998 proposed projects and sets public hearing date at March HRA meeting. Complete final grant writing HRA approves submission of the grant request to the County Board for approval on April (County Board meeting) County Board approves final 1998 CDBG grant request and 1998 HOME projects for submission to Dakota County Consortium Publish final gant notice of availability in Anoka County libraries Send 1998 Grant application to Dakota County for submission to HUD 7uly 1 Funding availability - communities notified Revised: 1/6/1999 H;UENNIFER\CDBG\1999\1999SCHE 14■�4 0 . � �, This letter is addressed to all 16 principal CDBG cities (Andover, Anoka, Blaine, Bums, Columbia Heights, Columbus, Coon Rapids, Circle Pines, Fridley, Ham Lake, Lim�ood Township, Lino Lakes, Oak Grove, Ramsey, Spring Lake Park, and St Francis), of Anoka County. The Fathers' Resource Center would like to propose that the cities listed above, t6rough a collaborative effort, share in this total fundiag request. There are very few services for men in the Anoka County area. We Serve all of these communities, and the needs of the fathers in these communities are expanding. For example, we have doubled our capacity to serve our Anger Management clientele over a 2-year period. Our law clinics have expanded to Two a month. Parenting Classes and Fathers' Support groups continue. Not only are we serving in the programs listed above but the Fathers' Resource Center acts as an umbrella agency funneling referrals to the appropriated resources, such as Mediation Services of Anoka County, Workforce Center, Central Center for Family Resources, and Anoka County Community Action Program. The enclosed grant proposal is for all the 16 cities mentioned above. Please contact me if you have any questions or concerns. Sincerely, rn�gelb � C�� } Site Manager Fathers' Resource Center Human Services Building, Suite 305 1201 89th Ave NE Blaine, Mn 554�4 783-4938 14.05 ����GEN�Y ASSISTqNcF� �� c 2 J � O � ° � U (((�( a�� � December 17, 1998 'n , Ms. Barbara Dacy City of Fridiey Municipal Center 6431 University Avenue NE Fridley, Minnesota 55432 Dear Ms. Dacy: � � Community Emergency Assistance Program, Inc. (CEAP) requests your consideration of the following grant proposal for the 1999-2000 Community Development Block Grant (CDBG) funds available in the amount of $2,000. CDBG funds allow CEAP to continue to serve Fridley residents, and help us meet the rising demands for our services. This partnership allows CEAP and the City of Fridley to work toward the common goal of serving the people in our community. CEAP provides family services to those in need. These services include food, clothing, and financial assistance. By providing these services, a crisis can usually be averted and the - living situation stabilized. We hope that the City of Fridley will�again join with CEAP in the continuing fight to help those less fortunate in our community. Thanks for speaking with me on the phone the other day. Please contact me if you need additional information. Sincerely Q.,�...- /L� .e,c.�- K ren R. Neis Director of Administration Enclosures: CDBG Proposal Fiscal Year 1998 Audited Financial Statements Fiscal Year 1999 Budget Brochure, Newsletter, Welfare to Work Article and Organizational Chart Board of Directors - 501(c)(3) Letter from IRS 1997 Annual Report 6840 78th Ave. N. • Brookly P r 55445 • 565-9600. Fax 566-9604 , ; 1 89th Ave. N.E., Suite 13�.�'����N 55434 •?83-4930. Fax 783-4927 �•���-•� 20 MEMORANDUM HOUSING DI`'IS-ION DATE: February 5, 1999 TO: William W. Burns, City Manager c� � � FROM: Barbara Dacy, Community Development Director Grant Fernelius, Housing Coordinator SUBJECT: Approval of 1999 CDBG Program As outlined in a previous memo, the City Council must formally approve the 1999 CDBG application by resolution. The attached resolution includes the following components 1) provides approval of the activities to be funded, 2) authorizes staff to prepare the application materials, and 3) authorizes the Mayor and City Manager to execute the appropriate documents with Anoka County to secure the funding. Recommendation Staff recommends that the City Council approve the attached resolution on Monday night authorizing participation in the 1999 Anoka County Community Development Block Grant Program. Enclosure M-99-35 15.01 RSSOLIITION NO. _ - 1999 R$SOLUTION APPROVING AND ADOPTING THB 1999 COI�![TNITY DEV$LOPMENT BLOCK GRAN'P PROGRAM WHEREAS, the City of Fridley, Minnesota (the "City") has identified its housing and community development needs; and WHEREAS, the City believes that those needs can be met by the Community Development Block Grant (the "CDBG Program"); and WHEREAS, the City has conducted a public hearing to review the projects and activities proposed for funding under the CDBG Program. • NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley, Minnesota,�as follows: 1. The Council adopts the projects outlined in Exhibit A to this resolution. 2. The Council authorizes City staff to prepare an application to Anoka County for said CDBG funds. 3. The Council authorizes the Mayor and City Manager to execute all documents necessary to secure said CDBG funds. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FR�DLEY THIS 8th DAY OF FEBRUARY, 1999. ATTEST: DEBR.A A. SKOGEN - CITY CLERK 15.02 NANCY J. JORGENSON - MAYOR . Page 2-- Resolution No. - 1999 - Block Grant Program 1. $XHIBIT A CITY OF FRIDLEY 1999 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ACTIVITIES TO BE FUNDED Housing Rehab�l;rat�on CDBG funds will be used to provide grants to low-income Fridley homeowners to help with the repair and improvement of their properties. Additional details on the program are listed in the City's 1999 CDBG application. Budget Rehabilitation Assistance Administration Total . 2• �ublic Servi PG $105,880 $6,125 $112,005 CDBG funds will be used to assist the following agencies and programs. At least 51% of the beneficiaries of these services are low income persons. Additional details on each public service program are listed in the City's 1999 CDBG application. Budget Agencies to be funded: a. . b. . c. $22,000 -�-�-� � ` - � -! __ !_',:'4 - _ ssz �i��!il!_i-Si9! ���w�� Z:1��Z�1�1 Funds will be used to support an outreach worker who assists Fridley seniors in finding necessary social services. Fridley Senior C n Pr $4,000 Funds will be used to support the Home Companion program which provides services to Fridley seniors. . - ;- -_ . _ �� .- - . - .. - - - -►� ��� Funds will be used to help low income Fridley residents pay for tuition to participate in recreation and natural resource programs. 15.03 Page 3-- Resolution No. - 1999 - Block Grant Program , - _ �. . - $3,000 Funds will be used to help support a shelter that benefits battered women and children. - . - � _�. .tw_� - -� - �� Funds will be used to help support a food shelf that benefits low income residents in Fridley, Columbia Heights, Spring Lake Park and Hilltop. ..- �_. - - a , CDBG funds will be used to pay for a part-time intern to assist with a systematic code enforcement program. The intern will work � under the supervision of the Code Enforcement Officer on a city- wide program to address exterior code violations. This activity meets the federal objective of Removing Slum and Blight and qualifies as an Administrative/Planning expense. . s 15.04 � � FRIDLEY CITY COUNCIL MEETING OF �oF FEBRUARY 8, 1999 FRIDLEY INFORMAL STATUS REPORTS